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Res 178-88 9/6/1988RESOLUTION NO. 178 -88 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR THE HOLLIDAY CREEK PROJECT, APPROVING THE APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, the appraisals have been completed for two additional temporary construction easements for the Holliday Creek Project; and, WHEREAS, on August 2, 1988, the City Council approved Resolution No. 158 -88, which set the just compensation for Parcel #75 -B at $4,234.00 for a permanent drainage and utility easement for the creek project; and, WHEREAS, it has now been determined that Parcel #75 -B lies within the 100 year flood zone and not within the floodway; therefore the appraisal for Parcel #75 -B has been revised to indicate this change; and, WHEREAS, the appraisals have been completed on the two additional temporary easements and the revised Parcel #75 -B, 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 the required easements for Phase II of the Holliday Creek Project as shown on the plans prepared by Albert H. Halff Associates, Inc. SECTION 2. The legal descriptions of the easements to be acquired are as follows: Parcel #71 -TCE1 (Temporary Construction Easement) A 0.047 acre tract out of the J. A. Scott Survey No. 7, as fully described by metes and bounds in a field survey prepared by Biggs & Mathews, Inc., on August 9, 1988. Parcel #73 -TCE1 (Temporary Construction Easement) A 0.212 acre tract, more or less, out of Block 1, Irrigation Subdivision of the North one -half of the J. A. Scott Survey No. 7, and being part of a tract described in Volume 786, Page 431 of the Wichita County deed records. Said 0.212 acre tract being further described on the plans for Phase II of the Holliday Creek Project prepared by Albert H. Halff Associates, Inc. Parcel #75 -B (Permanent Drainage and Utility Easement) A 0.243 acre tract out of Block 1, Irrigation Subdivision of the North one -half of the J. A. Scott Survey No. 7, as fully described by metes and bounds in a field survey prepared by Brannon Engineering, Inc., on July 22, 1988. SECTION 3. The amount of just compensation for the property to be acquired is to be set as follows: Temporary Construction Easements (48 months) #71 -TCE1 $ 737.00 #73 -TCE1 $462.00 Permanent Drainage and Utility Easement #75 -B $30,485.00 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 temporary construction easements for a period of forty -eight months on Parcels #71 -TCE1 and #73 -TCE1, and a permanent drainage and utility easement on Parcel #75 -B, described above in the name of the City of Wichita Falls. SECTION 4. In the event purchase such parcels for the to increase the offer when, in the best interest of the City condemnation. If both parties for the property, the City Man the City Manager is unable to appraised value, he is authorized his judgment, it appears to be in to do so to save the cost of are unable to agree upon a value ager 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 6th day of September, 1988. M A Y O R ATTEST: P Jl�aj)'Lk-i JL' ' */ 't 1111 City Clerk