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Res 088-86 7/1/1986r RESOLUTION NO. g,a. RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS IN MORNINGSIDE PARK ADDITION, APPROVING APPRAISALS OF PARCELS #320 , #321, #322, AND #323 , SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS , the City of Wichita Falls proposes annually to accom- plish certain utility improvements to upgrade its water distribution system; and, WHEREAS, the Morningside Park Addition has been targeted to receive a new distribution line due to the age and general condition of the present line; and, WHEREAS , Corlett, Probst & Boyd, Inc. , have now completed the engineering design on this project and identified four parcels of property which must be acquired for utility easements prior to construction; and, WHEREAS , Parcels #320 , #321, #322 , and #323 have been appraised by an independent appraiser employed by the City, and such appraisals have been reviewed by the Property Administrator and are 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 descriptions of the 10 ' wide utility easements to be acquired are as follows : Parcel #320 BEGINNING at a point in the South line of Lot 1, Block 1, Morningside Park Addition, said point being 5 . 0 feet behind the back of the curb on Morningside Drive; THENCE North and Northwest with a curve to the left, parallel to and five feet from the East line of Lot 1 and the back of the curb on Morningside Drive to a point in the East right- of-way line of Tilden Street, and being the centerline of an easement out of Lot 1, Block 1, Morningside Park Addition. Parcel #321 BEGINNING at a point in the North line of a tract conveyed to Jack A. Young as described in Volume 1433, Page 299 of the Wichita County Deed Records, said point being 5 .0 feet behind the back of the curb on Pembroke Lane and 10 feet Southwest from the North line of Lot 6 , Block 1, Morningside Park Addition; THENCE Southwest and West parallel to and five feet behind the back of the curb on Pembroke Lane and Morningside Drive 130 feet, and being the centerline of an easement out of Lot 6 , Block 1, Morningside Park Addition. Parcel #322 BEGINNING at a point in the North line of Lot 11, Block 1 , Morningside Park Addition, said point bears East 5 .5 feet from an iron rod at the Northwest corner of Lot 11; THENCE Southeast parallel to and five feet from the West line of Lot 11, a distance of 160 feet, and being the centerline of an easement out of Lot 11, Block 1 , Morningside Park Addition. Parcel #323 BEGINNING at an iron rod at the Southeast corner of Lot 13, Block 1 , Morningside Park Addition; THENCE West with a curve to the left and the South line of Lot 13 , a distance of 20 feet; THENCE North approximately 41 feet to a point in the East line of Lot 13; THENCE Southeast with the East line of Lot 13 , a distance of 50 feet to the PLACE OF BEGINNING. 2 - SECTION 2 . The amount of just compensation is to be set as follows: Parcel #320 1 ,412 .00 Parcel #321 784 .00 Parcel #322 967 .00 Parcel #323 235 .00 The above-stated amounts of just compensation are also the fair market values determined by a real estate appraiser employed by the City of Wichita Falls . The City Manager is hereby authorized to acquire utility easement rights on Parcels #320 , #321, #322 , and #323 , 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 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 and directed to cause to be instituted condemnation proceedings to obtain such property in the name of the City of Wichita Falls for the new Morningside Park waterline. PASSED AND APPROVED this the 1st day of July, 1986 . M ATTEST: Ci y Clerk 3 - I