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Res 164-86 10/21/1986RESOLUTION NO. /4D - g RESOLUTION DETERMINING NECESSITY FOR ACQUISITION OF PROPERTY FOR A MULTI-FIELD ATHLETIC COMPLEX, APPROVING APPRAISALS, SETTING JUST COMPENSATION, AND AUTHORIZING PURCHASE OR CONDEMNATION. WHEREAS, on December 17, 1985 , the City Council approved Resolution No. 199-85, which determined the necessity to construct an athletic complex and set aside funds to relocate the two diamonds removed from Hamilton Park by the Holliday Creek Project; and, WHEREAS, it has been determined that the City of Wichita Falls needs to acquire 59. 23 acres on the Sheppard Access Road for the construction of this athletic complex; and, WHEREAS, the three tracts of land, which total the 59 . 23 acres, have now been appraised by Henderson Appraisal and Consultants, an independent appraiser employed by the City, and such appraisals have been reviewed by the Property Administra- tor 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 fee simple title to the hereinafter described property for the purpose of constructing a multi-field athletic complex to meet the needs of the City-sponsored softball programs and to relocate the two diamonds that were removed by the Holliday Creek Project. SECTION 2. The legal descriptions of the property located in Wichita Falls, Wichita County, Texas, to be acquired in fee simple title are as follows: Parcel #250 A 13 . 29 acre tract of land out of the Donata Leona Survey, Abstract 176, and being that same property described in a deed recorded in Volume 1061, Page 100 of the Wichita County Deed Records. Parcel #251 A 17. 01 acre tract of land out of the Donata Leonoa Survey, Abstract 176, and being a portion of the 31. 37 acre tract described in a deed recorded in Volume 390, Page 501 and a portion of the 37 . 865 acre tract described in a deed recorded in Volume 398, Page 347 of the Wichita County Deed Records; and being all the property owned by the grantors out of these two tracts and located on the west side of Sheppard Access Road. Parcel #252 A 28 . 84 acre tract of land out of the Donata Leona Survey, Abstract 176, and being a portion of the 35. 9 acre tract described in a deed recorded in Volume 403 , Page 419 of the Wichita County Deed Records. SECTION 3. The amount of just compensation is to be set at $86, 385. 00 for Parcel #250 , $76 ,545. 00 for Parcel #251, and $115 , 360 . 00 for Parcel #252, which is also the fair market value determined by a real estate appraiser employed by the City of Wichita Falls. The City Manager is hereby authorized to acquire fee simple title to Parcels #250, #251, and #252, 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 condemna- tion proceedings to obtain such property in the name of the City of Wichita Falls for the development of the multi-field athletic complex. 2 - f PASSED AND APPROVED this the 21st day of October, 1986 . iL ± M A Y O RR ATTEST: City Clerk 3 -