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Res 142-88 7/5/1988RESOLUTION NO. 142 -88 RESOLUTION DETERMINING NECESSITY TO ACQUIRE PROPERTY FOR FILL AND TEMPORARY CONSTRUCTION AREAS FOR PHASE II OF THE HOLLIDAY CREEK PROJECT, APPROVING APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, sixty -seven parcels of property have been designated as fill and temporary construction areas for Phase II of the Holliday Creek Project; and, WHEREAS, thirteen 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 and as temporary work areas in conjunction with the channel excavation as a 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 -13 TRACT I Area #1: A 0.161 feet), out of the 11, Abstract 299. Area #2: A 0.217 feet), out of the 11, Abstract 299. acre tract (7,013 square John A. Scott Survey No. acre tract (9,453 square John A. Scott Survey No. TRACT II Area #1: A 0.291 acre tract (12,676 square feet), out of the John A. Scott Survey No. 11, Abstract 299. Area #2: A 0.293 acre tract (12,763 square feet), out of the John A. Scott Survey No. 11, Abstract 299. The above stated areas being fully described by metes and bounds in field surveys prepared by Corlett, Probst & Boyd, Inc., on May 31, 1988. Parcel F -13 -B TRACT I A 1.892 acre tract (82,416 square feet), out of the John A. Scott Survey No. 11, Abstract 299. TRACT II A 0.363 acre tract (5,812 square feet), out of the John A. Scott Survey No. 11, Abstract 299. The above stated tracts being fully described by metes and bounds in a field survey prepared by Corlett, Probst & Boyd, Inc., on May 31, 1988. Parcel F -27 A 0.022 acre tract (975 square feet), more or less, out of Lot 4, Block 22 of the Barwise and Jalonick Addition. Parcel F -45 A 0.771 acre tract (33,600 square feet), more or less, out of Lots 1 through 6, Block 36, J. A. Kemp Addition. Parcel F -63 A 0.26 acre tract (11,200 square feet), more or less, out of Block 4 of the J. A. Scott Survey No. 10, and being part of a tract described in Volume 1370, Page 200 of the Wichita County deed records. Parcel F -66 A 0.349 acre tract (15,200 square feet), more or less, out of Block 3 of Sayles Subdivision, and being part of a tract described in Volume 681, Page 137 of the Wichita County deed records. Parcel F -74 A 0.037 acre tract (1,600 square feet), more or less, out of Block 9, Sayles Irrigation Subdivision of the J. A. Scott Survey No. 10, and being part of a tract described in Volume 1303, Page 5 of the Wichita County deed records. Parcel F -80 A 0.349 acre tract (15,200 square feet), more or less, out of Lots 11, 12, and 13, Block 9, Country Club Addition, and being part of a tract described in Volume 1437, Page 672 of the Wichita County deed records. Parcel F -81 A 0.448 acre tract (19,530 square feet), more or less, out of Block 8, Sayles Irrigation Subdivision of the J. A. Scott Survey No. 10, and being part of a tract described in Volume 1454, Page 62 of the Wichita County deed records. Parcel F -82 A 0.155 acre tract (6,743 square feet), more or less, out of Block 9, Sayles Irrigation Subdivision of the J. A. Scott Survey No. 10, and being part of a tract described in Volume 1357, Page 776 of the Wichita County deed records. Parcel F -83 A 4.961 acre tract (216,109 square feet), more or less, out of Block 7, Sayles Irrigation Subdivision of the J. A. Scott Survey No. 10, and being part of a tract described in Volume 1114, Page 350 of the Wichita County deed records. The legal descriptions of the temporary construction easements to be acquired are as follows: Parcel #69 TCE -1 A 0.079 acre tract (3,441 square feet) out of the J. A. Scott Survey No. 9, Abstract 305. TCE -2 A 0.070 acre tract (3,049 square feet) out of the J. A. Scott Survey No. 9. TCE -3R A 0.32 acre tract (13,939 square feet) out of the J. A. Scott Survey No. 9. TCE -4 A 0.048 acre tract (2,091 square feet) out of the J. A. Scott Survey No. 9. The above stated areas being fully described by metes and bounds in field surveys prepared by Brannon Engineering, Inc., in June, 1988. SECTION 3. The amount of just compensation is to be set as follows for the fill and construction easements: #F -13 (Tract I) $164.00 #F -66 $1,875.00 #F -13 (Tract II) 255.00 #F -74 96.00 #F -13 -B 982.00 #F -80 152.00 #F -27 10.00 #F -81 976.00 #F -45 672.00 #F -82 202.00 #F -63 224.00 #F -83 6,483.00 #69 TCE -1 through TCE -4 $7,492.00 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 and construction 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 5th day of July, 1988. t! ATTEST: City Clerk