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Res 035-87 3/5/1987RESOLUTION NO. J 17 RESOLUTION DETERMINING NECESSITY FOR ACQUISI- TION OF UTILITY EASEMENT IN MORNINGSIDE PARK ADDITION, APPROVING APPRAISAL OF PARCEL #324 , SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, as part of its annual maintenance program, the the City of Wichita Falls upgrades various portions of its water distribution system; and, WHEREAS, the Morningside Park Addition was targeted to receive a new distribution line due to the age and condition of the original water line; and, WHEREAS, Corlett, Probst & Boyd, Inc. have determined that the City must acquire an additional ten foot wide utility easement in order to complete this project; and, WHEREAS, Parcel #324 has been appraised by an independent appraiser employed by the City, and such appraisal has been reviewed by the Property Administrator and is 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 constructing a new water distribution line. SECTION 2 . The legal description of the utility easement to be acquired is as follows: Parcel #324 Centerline of a ten foot wide water line easement out of Lot 10, Morningside Park Addition, described as : BEGINNING at a point in the east line of Lot 10 , Morningside Park Addition to Wichita Falls, point being 5. 0 feet north- westerly from the Southeast corner of Lot 10; THENCE Southwesterly parallel to and 5 . 0 feet from the South line of a tract of land described in Volume 1120, Page 660 of the Wichita County Deed Records to a point in the West line of said tract on the East back of curb of Morningside Drive. SECTION 3 . The amount of just compensation is to be set on Parcel #324 at $666 . 00. This amount is also the fair market value determined by Henderson Appraisal & Consultants, who were employed by the City of Wichita Falls . The City Manager is hereby authorized to acquire utility easement rights on Parcel #324, as described above, in the name of the City of Wichita Falls. SECTION 4 . In the event that the City Manager is unable to purchase Parcel #324 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 and directed to cause to be instituted condemnation proceedings to obtain such property in the name of the City of Wichita Falls for the Morningside Park Addition. PASSED AND APPROVED this the 5th day of March, 1: 87 . ii fir M A Y O' R ATTEST: 46/;24.4- 67/1-xed) City Clerk 2-