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Res 091-88 5/3/1988RESOLUTION NO. fl- ff RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PARCELS #48, #48 -A, #49, AND #F -68 FOR THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, certain parcels of property have been designated for acquisition in order to provide drainage and utility right - of -way and fill areas in Phase II of the Holliday Creek Project; and, WHEREAS, the appraisals have been completed on four additional parcels and such appraisals have been reviewed by the Property Administrator and are now on file in the Property Management Office. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. It is necessary that the City of Wichita Falls acquire the hereinafter described property located in Wichita Falls, Wichita County, Texas, for the purpose of providing adequate right -of -way for drainage and utilities as well as fill areas in Phase II of the Holliday Creek Project. SECTION 2. The legal descriptions of the drainage and utility easements to be acquired are as follows: Parcel #48 A 3.493 acre tract out of Blocks 3 and 6, J. A. Scott Survey No. 10, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc., on April 19, 1988. Parcel #48 -A A 0.060 acre tract out of Lot 2, Block 1, Kiwanis Park Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc., on April 19, 1988. Parcel #49 A 0.176 acre tract out of Lot 1, Block 1, Kiwanis Park Subdivision, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc., on April 19, 1988. The legal description of the fill easement to be acquired is as follows: Parcel #F -68 A 0.239 acre (10,400 square foot) tract out of Kiwanis Park Subdivision and being a portion of the tract described in Volume 613, Page 133 of the Wichita County deed records. SECTION 3. The amount of just compensation for the drainage and utility easements is to be set as follows: Parcel #48 $24,345.00 #48 -A & #49 $31,658.00 The amount of just compensation for the fill easement is to be set at $520.00 for Parcel #F -68. These amounts are also the fair market value determined by Henderson Appraisal and Consultants, who were employed by the City to appraise these tracts. The City Manager is hereby authorized to acquire drainage and utility easements on Parcels #48, #48 -A and #49 and a fill easement on Parcel #F -68, as described above in the name of the City of Wichita Falls. SECTION 4. In the event the City Manager is unable to purchase such parcels for the appraised value, he is authorized to increase the offer when, in his judgment, it appears to be in the best interest of the City to do so to save the cost of condemnation. If both parties are unable to agree upon a value for the property, the City Manager is hereby authoriz to institute condemnation proceedings to obtain such pro erty in the name of the City j of Wichita Falls /f`�r the Holliday�C ek Chtnel Improvement Project. / PASSED AND APPROVED this tle Akf day Af May,/1788. M A Y ATTEST: City nerk