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Res 105-88 5/17/1988RESOLUTION NO. At 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, fourteen 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 a forty -eight month period 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 F -28 A 0.241 acre tract (10,500 square feet), being all of Lot 3, Block 29, Barwise and Jalonick Subdivision, and being the same property as described in Volume 551, Page 407 of the Wichita County deed records. Parcel F -29 A 0.241 acre tract (10,500 square feet), being all of Lot 2, Block 29, Barwise and Jalonick Subdivision, and being part of a tract described in Volume 593, Page 479 of the Wichita County deed records. Parcel F -30 A 0.184 acre tract (8,000 square feet), more or less, out of Lot 1, Block 29, Barwise and Jalonick Subdivision, and being part of a tract described in Volume 593, Page 479 of the Wichita County deed records. Parcel F -42 A 1.901 acre tract (82,800 square feet), more or less, out of Blocks 18 and 19, Kemp and Newby Subdivision of the Southeast quarter of the J. A. Scott Survey 11, and being part of a tract described in Volume 1351, Page 683 of the Wichita County deed records. Parcel F -46 A 0.771 acre tract (33,600 square feet), more or less, out of Block 37, J. A. Kemp Subdivision, and being part of a tract described in Volume 1473, Page 632 of the Wichita County deed records. Parcel F -50 A 2.121 acre tract or less, being all Acres Subdivision, described in Volume Wichita County deed Parcel F -51 (92,400 square feet), more of Block 6 of Southside and being part of the land 1319, Page 781 of the records. A 6.556 acre tract (285,600 square feet), more or less, out of Block 9, Cherokee County School Lands, and being part of the land described in Volume 1319, Page 781 of the Wichita County deed records. Parcel F -52 A 2.130 acre tract (92,800 square feet), more or less, out of Block 17, Southside Acres Subdivision, and being part of the land described in Volume 1319, Page 781 of the Wichita County deed records. Parcel F -53 A 7.723 acre tract (336,400 square feet), more or less, out of Block 1, Irrigation Subdivision, and being part of the land described in Volume 492, Page 545 of the Wichita County deed records. Parcel F -57 A 2.130 acre tract (92,800 square feet), more or less, out of Block 18, Southside Acres Subdivision, and being part of the land described in Volume 1319, Page 781 of the Wichita County deed records. Parcel F -59 A 0.735 acre tract (32,000 square feet), more or less, out of Block 1, Irrigation Subdivision, and being part of the land described in Volume 1360, Page 732 of the Wichita County deed records. Parcel F -61 A 0.863 acre tract (37,600 square feet), more or less, out of Block 3, Sayles Irrigation Subdivision, and being part of the land described in Volume 905, Page 27 of the Wichita County deed records. Parcel F -64 A 0.505 acre tract (22,000 square feet), more or less, out of Lot 1, Block 1, Brodie Buick Subdivision, and being part of the land described in Volume 1199, Page 512 of the Wichita County deed records. Parcel F -67 A 1.671 acre tract (72,800 square feet), more or less, out of Block 3, Sayles Subdivision, and being part of the land described in Volume 1211, Page 318 of the Wichita County deed records. Note: All of the above described tracts are also noted as fill areas on the plans for Phase II of the Holliday Creek Project prepared by Albert Halff Associates, Inc. SECTION 3. The amount of just compensation is to be set as follows for the fill easements: #F -28 $ 210.00 #F -52 $ 928.00 #F -29 210.00 #F -53 6,728.00 #F -30 160.00 #F -57 928.00 #F -42 828.00 #F -59 640.00 #F -46 672.00 #F -61 376.00 #F -50 924.00 #F -64 1,100.00 #F -51 2,856.00 #F -67 3,640.00 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 Creek Channel Improvement Project. PASSED AND APPROVED this the 17th day of May, 1988. W-Mm. • ATTEST: City 'Clerk