Res 166-88 8/16/1988RESOLUTION NO. 166 -88
RESOLUTION DETERMINING NECESSITY FOR ACQUISITION
OF A DRAINAGE EASEMENT IN THE KEMP & NEWBY
SUBDIVISION FOR THE BERT - SOUTHMOOR DRAINAGE
PROJECT, APPROVING THE APPRAISAL, SETTING JUST
COMPENSATION, AND AUTHORIZING PURCHASE OR
CONDEMNATION.
WHEREAS, it is necessary to acquire two tracts of land for
permanent drainage easements and one temporary construction
easement for the Bert - Southmoor Drainage Project; and,
WHEREAS, such property has been appraised, and the appraisal
has been reviewed by the Property Administrator and is 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 two permanent drainage easements and one temporary
construction easement on the hereinafter described property for
the purpose of making drainage improvements outlined in the Bert -
Southmoor Drainage Project.
SECTION 2. The legal descriptions of the drainage easements
located in Wichita Falls, Wichita County, Texas, to be acquired
are as follows:
Parcel #S -1
A 0.075 acre tract out of Block 2, Kemp and
Newby Subdivision of the Cherokee County
School Land, Abstract 33, as fully described
by metes and bounds in a field survey
prepared by Brannon Engineering, Inc. on July
27, 1988.
Parcel #S -2
A 0.008 acre tract out of Block 2, Kemp and
Newby Subdivision of the Cherokee County
School Land, Abstract 33, as fully described
by metes and bounds in a field survey
prepared by Brannon Engineering, Inc., on
July 27, 1988.
r
The legal description of the temporary construction easement
to be acquired is as follows:
Parcel #S -3 TCE
A 0.49 acre tract out of Block 2, Kemp and
Newby Subdivision of the Cherokee County
School Land, Abstract 33, as fully described
by metes and bounds in a field survey
prepared by Brannon Engineering, Inc., on
July 27, 1988.
SECTION 3.
follows:
The amount of just compensation is to be set as
Parcel #S -1 $408.00 #S -3 TCE $1,067.00
#S -2 $ 44.00
The above stated 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 authorized to acquire drainage easements on Parcels #S -1 and
#S -2 and a temporary construction easement for a period of one
year on Parcel #S -3 TCE, as 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 Bert- Southmoor Drainage
Project.
PASSED AND APPROVED this the 16th day of August, 1988.
ATTEST:
A
4t/ ) ) V(-1- /t ' __ J,,
City Clerk
RESOLUTION NO.
RESOLUTION DETERMINING NECESSITY FOR ACQUISITION
OF A DRAINAGE EASEMENT IN THE KEMP & NEWBY
SUBDIVISION FOR THE BERT - SOUTHMOOR DRAINAGE
PROJECT, APPROVING THE APPRAISAL, SETTING JUST
COMPENSATION, AND AUTHORIZING PURCHASE OR
CONDEMNATION.
WHEREAS, it is necessary to acquire two tracts of land for
permanent drainage easements and one temporary construction
easement for the Bert- Southmoor Drainage Project; and,
WHEREAS, such property has been appraised, and the appraisal
has been reviewed by the Property Administrator and is 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 two permanent drainage easements and one temporary
construction easement on the hereinafter described property for
the purpose of making drainage improvements outlined in the Bert -
Southmoor Drainage Project.
SECTION 2. The legal descriptions of the drainage easements
located in Wichita Falls, Wichita County, Texas, to be acquired
are as follows:
Parcel 4S -1
A 0.075 acre tract out of Block 2, Kemp and
Newby Subdivision of the Cherokee County
School Land, Abstract 33, as fully described
by metes and bounds in a field survey
prepared by Brannon Engineering, Inc. on July
27. 1988.
Parcel #S -2
A 0.008 acre tract out of Block 2, Kemp and
Newby Subdivision of the Cherokee County
School Land, Abstract 33, as fully described
by metes and bounds in a field survey
prepared by Brannon Engineering, Inc., on
July 27, 1988.
The legal description of the temporary construction easement
to be acquired is as follows:
Parcel #S-3 TCE
A 0.49 acre tract out of Block 2, Kemp and
Newby Subdivision of the Cherokee County
School Land, Abstract 33, as fully described
by metes and bounds in a field survey
prepared by Brannon Engineering, Inc., on
July 27, 1988.
SECTION 3. The amount of just compensation is to be set as
follows:
Parcel #S-1 $408.00 #S-3 TCE $1,067.00
#S-2 $ 44.00
The above stated 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 authorized to acquire drainage easements on Parcels #S-1 and
#S-2 and a temporary construction easement for a period of one
year on Parcel #S-3 TCE, as 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 16th day of August, 1988.
ATTEST:
City C18rk