Res 116-88 5/31/1988RESOLUTION NO.
RESOLUTION DETERMINING NECESSITY FOR ACQUISITION
OF PROPERTY 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 for the realignment of Holliday Creek; and,
WHEREAS, the appraisals have been completed on twelve
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 in Phase II of
the Holliday Creek Project.
SECTION 2. The legal descriptions of the properties to be
acquired in fee simple title are as follows:
Parcel #14 -A
All of Lot 6, Block 22, Barwise and Jalonick
Addition, also known as 708 Elm Street.
Parcel #14 -B
All of Lot 7, Block 22, Barwise and Jalonick
Addition, also known as 706 Elm Street.
Parcel #14 -C
All of Lots 4 and 5, Block 29, Barwise and
Jalonick Addition, also known as 404 Denison
Street.
The legal descriptions of the drainage and utility easements
to be acquired are as follows:
Parcel #30
A 0.84 acre tract out of Block 19, Kemp and
Newby Subdivision of the Southeast one -
quarter of the J. A. Scott Survey No. 11, as
fully described by metes and bounds in a
field survey prepared by Brannon Engineering,
Inc., on March 31, 1988.
Parcel #30 -A (utility easement only)
A 0.006 acre tract out of Block 19, Kemp and
Newby Subdivision of the Southeast one -
quarter of the J. A. Scott Survey No. 11, as
fully described by metes and bounds in a
field survey prepared by Brannon Engineering,
Inc., on March 31, 1988.
Parcel #32
A 0.32 acre tract out of Block 5, South Side
Acres Subdivision, as fully described by
metes and bounds in a field survey prepared
by Brannon Engineering, Inc., on March 31,
1988.
Parcel #38
A 0.52 acre tract out of Block 1, Irrigation
Subdivision of the J. A. Scott Survey No. 10,
as fully described by metes and bounds in a
field survey prepared by Brannon Engineering,
Inc., on April 21, 1988.
Parcel #39
A 0.58 acre tract out of Block 1, Irrigation
Subdivision of the J. A. Scott Survey No. 10,
as fully described by metes and bounds in a
field survey prepared by Brannon Engineering,
Inc., on April 22, 1988.
Parcel #40
A 0.98 acre tract out of Block 1, Irrigation
Subdivision of the J. A. Scott Survey No. 10,
as fully described by metes and bounds in a
field survey prepared by Brannon Engineering,
Inc., on April 22, 1988.
Parcel #40 -A
A 0.076 acre tract out of Block 9, Kemp and
Newby Subdivision of Cherokee County School
Land, Abstract 33, as fully described by
metes and bounds in a field survey prepared
by Brannon Engineering, Inc., on April 23,
1988.
Parcel #43
A 1.98 acre tract out of Block 4, Irrigation
Subdivision of the J. A. Scott Survey No. 10,
as fully described by metes and bounds in a
field survey prepared by Brannon Engineering,
Inc., on April 22, 1988.
Parcel #43 -A
A 0.036 acre tract out of Block 4, Irrigation
Subdivision of the J. A. Scott Survey No. 10,
as fully described by metes and bounds in a
field survey prepared by Brannon Engineering,
Inc., on April 22, 1988.
Parcel #44
TRACT I - A 5.45 acre tract out of Block 4,
Irrigation Subdivision of the J. A. Scott
Survey No. 10.
TRACT II - A 0.001 acre tract out of Block
4, Irrigation Subdivision.
TRACT III - A 0.057 acre tract out of Block
4, Irrigation Subdivision.
Tracts I, II, and III are fully described by
metes and bounds in a field survey prepared
by Brannon Engineering, Inc., on April 22,
1988.
SECTION 3. The amount of just compensation for the fee
simple interest is to be set as follows:
Parcel #14 -A $ 958.00 #14 -C $ 2,100.00
#14 -B 1,050.00
The amount of just compensation for the drainage and utility
easements is to be set as follows:
Parcel #30
$2,195.00
#40
$ 2,732.00
#30 -A
17.00
#40 -A
212.00
#32
836.00
#43
14,297.00
#38
1,450.00
#43 -A
88.00
#39
1,617.00
#44
13,436.00
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 fee simple title to Parcels #14 -A, #14 -B,
and #14 -C and drainage and utility easements to Parcels #30,
#30 -A, #32, #38, #39, #40, #40 -A, #43, #43 -A, and #44 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 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.
ATTEST:
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