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Res 115-88 5/31/1988RESOLUTION NO. 115 -88 RESOLUTION DETERMINING NECESSITY TO ACQUIRE PROPERTY FOR FILL AREAS IN CONJUNCTION WITH 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, the appraisals have been completed on eight 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 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 -32 A 0.429 acre tract (18,700 square feet), more or less, out of Lot 6, Block 38 of Barwise and Jalonick Addition, and being part of a tract described in Volume 870, Page 218 of the Wichita County deed records. Parcel F -43 A 0.450 acre tract (19,600 square feet), more or less, out of Block 18, Kemp and Newby Subdivision of the J. A. Scott Survey No. 11, and being part of a tract described in Volume 1218, Page 51 of the Wichita County deed records. Parcel F -49 A 1.965 acre tract (85,600 square feet), more or less, out of Block 5, South Side Acres, and being part of a tract described in Volume 1320, Page 740 of the Wichita County deed records. Parcel F -55 A 4.187 acre tract more or less, out Subdivision of the and being part of 467, Page 435 of t records. Parcel F -56 A 2.412 acre tract more or less, out Subdivision of the and being part of 467, Page 435 of t records. Parcel F -60 (182,400 square feet), of Block 1, Irrigation J. A. Scott Survey No. 10, a tract described in Volume he Wichita County deed (105,067 square feet), of Block 1, Irrigation J. A. Scott Survey No. 10, a tract described in Volume he Wichita County deed TRACT I - A 2.231 acre tract (97,200 square feet), more or less, out of Block 4, Sayles Irrigation Subdivision of the J. A. Scott Survey No. 10. TRACT II - A 0.340 acre tract (14,800 square feet), more or less, out of Block 4 of the Sayles Irrigation Subdivision. Tracts I and II are described in Volume Wichita County deed Parcel F -62 both part of the tract 1447, Page 3 of the records. A 5.482 acre tract (238,800 square feet), more or less, out of Block 4 of the Sayles Irrigation Subdivision of the J. A. Scott Survey No. 10, and being part of the tract described in Volume 1336, Page 896 of the Wichita County deed records. Parcel F -78 TRACT I - A 3.122 acre tract (136,000 square feet), more or less, out of Lot 1, Parish Brothers Addition. TRACT II - A 1.625 acre tract (70,800 square feet), more or less, out of Lot 1, Parish Brothers Addition. Tracts I and II are both part of the property described in Volume 1479, Page 601 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 H. Halff Associates, Inc. SECTION 3. The amount of just compensation is to be set as follows for the fill easements: #F -32 $ 541.00 #F -56 $1,050.00 #F -43 1,092.00 #F -60 1,120.00 #F -49 2,412.00 #F -62 4,776.00 #F -55 1,824.00 #F -78 8,272.00 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 31st day of May, 1988. M A Y O R ATTEST: City Clerk