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Res 083-86 7/1/1986RESOLUTION NO. a-I RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF A UTILITY EASEMENT, APPROVING THE APPRAISAL OF PARCEL #300 FOR THE LOOP 240 WATER LINE PROJECT, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, the City of Wichita Falls has undertaken a long- range project (1983-1997) , known as the Rady Program, to improve its water distribution system; and, WHEREAS, as a part of the 1986 Rady Program, utility easement rights are required on a .9 acre tract of land, west of State Highway Loop 240 and identified as Parcel #300 of this project; and, WHEREAS , Parcel #300 has been appraised by an independent appraiser employed by the City, and such 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 . The legal description of the centerline of the 15 ' wide utility easement out of the Lewis Wells Survey, Abstract 323 , to be acquired is as follows : Part I BEGINNING at a point in the west right-of-way line of U .S . Highway 277 , said point being 163 .5 feet north of the southeast corner of a 80 .75 acre tract recorded in Volume 752 , Page 60 of the Wichita County deed records ; THENCE west parallel to and 163 .5 feet from the fenced south line of said 80 .75 acre tract, 2 , 315 feet to the beginning of a curve to the left with a radius of 400 feet and a central angle of 21° 17-1/2 ' ; THENCE along said curve for an arc 148 .6 feet to the beginning of a curve to the right, with a radius of 400 feet and a central angle of 21° 17-1/2 ' ; THENCE along said curve for an arc 148 .6 feet to a point in the east line of Section 4 of the Expressway Village Subdivision as recorded in Volume 20 , Pages 56-57 , Wichita County Plat Records, said point being 8 .5 feet south of the southeast corner of Lot 19 , Block 17 of said subdivision . Part II BEGINNING at a point in the north line of the Greentree Subdivision, as recorded in Volume 22 , Pages 341-342 , Wichita County Plat Records , said point being 8 .0 feet east of the Northeast corner of Lot 33, Block 7 of said subdivision; THENCE North 164 .0 feet to a point. SECTION 2 . The amount of just compensation which is also the fair market value determined by a real estate appraiser employed by the City, is to be set at $2, 160 .00 . The City Manager is hereby authorized to acquire a utility easement on Parcel #300, as described above, in the name of the City of Wichita Falls . SECTION 3 . In the event that the City Manager is unable to purchase Parcel #300 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 said property in the name of the City of Wichita Falls for the Loop 240 Water Line . PASSED AND APPROVED this the 1st day of July, 1986 . als",A/ 1r M A Y O R 4114. ATTEST : City Clerk 2