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Res 102-86 7/15/1986RESOLUTION NO. 102-86 RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF UTILITY EASEMENTS IN THE J. V. WHEELER SURVEY, ABSTRACT 377, APPROVING APPRAISALS OF PARCELS 360, #36I , AND #362, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, the City of Wichita Falls Public Utilities Department has determined that the sanitary sewer line servicing Pembroke Lane must be replaced; and, WHEREAS, Corlett, Probst & Boyd, Inc. , have now completed the engineering design on the construction of a new line and identified three parcels of property which must be acquired for utility easements prior to construction; and, WHEREAS, Parcels #360, #361, and #362 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. 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 sanitary sewer line. SECTION 2. The legal descriptions of the 15 ' wide utility easements to be acquired are as follows: Parcel #360 BEGINNING at a point in the North line of a 0.79 acre tract of land, as recorded in Volume 931, Page 142 of the Wichita County Deed Records, said point bears 34.5 feet East of the Northwest corner of said 0 .79 acre tract; THENCE Southeast to a point in the South line of said 0.79 acre tract, said point bears 10. 0 feet East of the Southwest corner of said 0.79 acre tract and also lies in the North line of a tract of land conveyed in Volume 1387, Page 406 of the Wichita County Deed Records, and being the centerline of an easement out of the J. V. Wheeler Survey, Abstract 377, Wichita County, Texas. Parcel 4361 BEGINNING at a point in the North line of a tract of land as recorded in Volume 1387, Page 406 of the Wichita County Deed Records, said point bears 5.0 feet East from the Northwest corner of said tract; THENCE South 08° 30 ' West 27. 0 feet to a point; THENCE South to a point in the South line of said tract, said point bears South 87° 45 ' East 88.0 feet from its Southwest corner, and being the centerline of an easement out of the J. V. Wheeler Survey, Abstract 377, Wichita County, Texas. Parcel 4362 BEGINNING at a point in the North line of a 0. 014 acre tract of land as recorded in Volume 1208, Page 129 of the Wichita County Deed Records, said point bears South 87° 45 ' East 88.0 feet from the Northwest corner of said 0.014 acre tract; THENCE South 13° 00 ' East to a point in the South line of said 0.014 acre tract, said point being in the North line of a 0.640 acre tract recorded in Volume 1112, Page 388 of the Wichita County Deed Records; THENCE South 13° 00 ' East 17.0 feet to a point, and being the centerline of an easement out of the J. V. Wheeler Survey, Abstract 377, Wichita County, Texas. SECTION 3 . The amount of just compensation is to be set as follows: Parcel 4360 1,411. 00 Parcel 4361 862. 00 Parcel 4362 183 .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 #360, 361, and #362, 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 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 Pembroke Lane sanitary sewer line. PASSED AND APPROVED this th- 15th day of J 1 , 1986. 01 144 4 A Y 0 R ATTEST: City erk