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Res 093-88 5/3/1988RESOLUTION NO. RESOLUTION DETERMINING NECESSITY TO ACQUIRE PROPERTY FOR FILL AREAS FOR PHASE II OF THE HOLLIDAY CREEK PROJECT, APPROVING APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, sixty -two parcels of property have been designated as fill areas for Phase II of the Holliday Creek Project; and, WHEREAS, twenty -seven parcels have now been appraised, 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 filling to improve the drainage as part of Phase II of the Holliday Creek Project. SECTION 2. The legal descriptions of the fill easements to be acquired are as follows: Parcel 4F -20 A 0.185 acre tract (8,052 square feet), more or less, out of Block 8 of the Barwise and Jalonick Addition, and being a portion of the tract described in Volume 429, Page 595 of the Wichita County deed records. Parcel #F -21 A 0.165 acre tract (7,200 square feet), more or less, out of the J. A. Scott Survey No. 11, and being a portion of the tract described in Volume 572, Page 529 of the Wichita County deed records. Parcel #F -22 A 0.275 acre tract (12,000 square feet), more or less, out of the J. A. Scott Survey No. 11, and being a portion of the tract described in Volume 945, Page 583 of the Wichita County deed records. Parcel #F -23 A 0.123 acre tract (5,355 square feet), more or less, out of the J. A. Scott Survey No. 11, and being a portion of the land described in Volume 361, Page 268 of the Wichita County deed records. Parcel #F -24 A 17.511 acre tract, more or less, out of the J. A. Scott Survey No. 11, and being a portion of the land described in Volume 947, Page 419 of the Wichita County deed records. Parcel #F -24B A .964 acre tract, more or less, out of the J. A. Scott Survey No. 11, and being a portion of the land described in Volume 947, Page 419 of the Wichita County deed records. Parcel #F -25 A 3.64 acre tract, more or J. A. Scott Survey No. 11, property as described in a Volume 128, Page 332 in the Clerk's office. Parcel #F -29 -A less, out of the and being the same will recorded in Wichita County A .367 acre tract, more or less, out of Block 3 of the Sayles Addition out of J. A. Scott Survey No. 11, and being a portion of the property described in Volume 947, Page 419 of the Wichita County deed records. Parcel #F -29 -B A 0.551 acre tract (24,000 square feet), more or less, out of the J. A. Scott Survey No. 11, and being a portion of the land described in Volume 5, Page 555, and Volume 32, Page 588 of the Wichita County deed records. Parcel #F -33 A 0.964 acre tract (42,000 square feet), more or less, out of the J. A. Scott Survey No. 11, and being a portion of the land described in Volume 899, Page 401 of the Wichita County deed records. Parcel #F -35 A 0.269 acre tract, more or less, out of the J. A. Scott Survey No. 11. Parcel #F -36 A 0.216 acre tract, more or less, out of the J. A. Scott Survey No. 11. Parcel #F -37 A 0.276 acre tract, more or less, out of the J. A. Scott Survey No. 11. Parcel #F -38 A 0.808 acre tract, more or less, out of the J. A. Scott Survey No. 11. Parcel #F -39 A 1.243 acre tract, more or less, out of the J. A. Scott Survey No. 11. (Parcels F -35, 36, 37, 38, and 39 are all a portion of the land described in Volume 1246, Page 327 of the Wichita County deed records.) Parcel #F -41 A 0.147 acre tract (6,400 square feet), more or less, out of Block 10 of the Kemp and Newby Subdivision out of the J. A. Scott Survey No. 11, and being a portion of the land described in Volume 1416, Page 439 of the Wichita County deed records. Parcel #F -44 A 0.606 acre tract, more or less, out of Blocks 18 and 19 of the Kemp and Newby Subdivision of the J. A. Scott Survey No. 11, and being a portion of the land described in Volume 1115, Page 573 of the Wichita County deed records. Parcel #F -48 A 1.690 acre tract, more or less, out of Block 1 of the Irrigation Subdivision of the J. A. Scott Survey No. 10, and being a portion of the land described in Volume 477, Pages 251 and 425 of the Wichita County deed records. Parcel #F -58 A 2.663 acre tract, more or less, out of Block 1 of the Irrigation Subdivision of the J. A. Scott Survey No. 10, and being a portion of the land described in Volume 580, Pages 574 and 577 of the Wichita County deed records. Parcel 4F -62 -A A 1.056 acre tract, more or less, out of Block 9 of the Cherokee County School Land and Block 1, Irrigation Subdivision of the J. A. Scott Survey No. 10, and being a portion of the land described in Volume 571, Page 403, and Volume 580, Page 573 of the Wichita County deed records. Parcel #F -69 A 1.993 acre tract (86,800 square feet), more or less, out of Block 7 of the Sayles Irrigation Subdivision of the J. A. Scott Survey No. 10, and being a portion of the land described in Volume 1114, Page 350 of the Wichita County deed records. Parcels #F -70 and #F -71 A 4.261 acre tract (185,600 square feet), more or less, out of Block 7 of the Sayles Irrigation Subdivision of the J. A. Scott Survey No. 10, and being a portion of the land described in Volume 1378, Page 385 of the Wichita County deed records. Parcel #F -72 A 3.251 acre tract (141,600 square feet), more or less, out of Block 7 of the Sayles Irrigation Subdivision of the J. A. Scott Survey No. 10, and being a portion of the land described in Volume 1391, Page 747 and Volume 1378, Page 389 of the Wichita County deed records. Parcel #F -73 A 1.194 acre tract (52,000 square feet), more or less, out of Block 7 of the Sayles Irrigation Subdivision of the J. A. Scott Survey No. 10, and being a portion of the land described in Volume 1114, Page 350 of the Wichita County deed records. Parcel #F -75 A 0.670 acre tract (29,200 square feet), more or less, out of Block 9 of the Sayles Irrigation Subdivision of the J. A. Scott Survey No. 10, and being a portion of the land described in Volume 1435, Page 601 of the Wichita County deed records. Parcel #F -76 A 0.239 acre tract (10,400 square feet), more or less, out of Block 9 of the Sayles Irrigation Subdivision of the J. A. Scott Survey No. 10, and being a portion of the land described in Volume 1078, Page 158 of the Wichita County deed records. SECTION 3. The amount of the just compensation is to be set as follows for the fill easements: #F -20 $ 241.00 #F -41 $ 448.00 #F -21 216.00 #F -44 211.00 #F -22 480.00 #F -48 588.00 #F -23 108.00 #F -58 927.00 #F -24 6,094.00 #F -62 -A 367.00 #F -24 -B 335.00 #F -69 5,208.00 #F -25 1,266.00 #F -70 & 71 11,136.00 #F -29 -A 128.00 #F -72 8,496.00 #F -29 -B 480.00 #F -73 1,560.00 #F -33 1,260.00 #F -75 1,752.00 #F- 35,36, #F -76 624.00 37, 38 and 39 3,497.00 The above stated amounts of just compensation 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 fill easements on the above described parcels 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 authorized to institute condemnation proceedings to obtain such property in the name of the City of Wichita Falls for the Holliday greek Channel Improvement Project. / PASSED AND APPROVED this thX /3kd day of May l k988. M A Y O/ R ATTEST: City Clerk