1243 RES ORDERING CONDEMNATION AND APPROPRIATION OF PROPERTY NECESSARY FOR ROWRESOLUTION NQ. 1243
A RESOLUTION ORDERING',fiHE CONDEMNATION AND APPROPRIATION OF FRO«
PERTY NECESSARY FOR A RIGHT OF WAY OVER AND ACROSS THE HEREINAFTER
DESCRIBED LAND, TO BE USED IN CONNECTION WITH THE WIDENING CxF PINE
BLUFF STREET, FROM 2ND STREET, N. E. TO THE EAST BOUNDARY LINE OF
NORTH MAIN STREETo
tn1HEREAS, the City Manager has heretofore reported that the here,
inafter named property owner has refused the sum of money authorized
to be paid to him or offered for the acquistion of a right of way
over and across the hereinafter described property, to be used in
connection with the widening of Pine Bluff Street, in the City of
Paris, Texas; and,
WHERE,AS, the legal prerequisites required by law having been
complied with, it now becomes necessary to condemn and appropriate
a right of way over and across the hereinafter described land; NOin1,
THEREFORE,
BE IT RESOL.VED BY THE CITY COUNCIL OF THE CITY OF PARIS:
That the offer of the sum of money made under the direction of
the City Manager, H. C. Kennemer, as set forth in his report to the
City Council, as follows, is, in all things, approved and confirmed:
"October 5, 1967
"TO THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS:
Re: Offer to acquire xight of way on the South Side
of Pine Sluff Street, between 2nd Street,N, E.
and North Main Street, for the purpose of widen-
ing Pine Bluff Street.
I, H. C. Kennemer, City Manager of the City of Paris, offered
to Ruth C. Perkins, Guardian of the Estate of R. L. Perkins, owner
of the hereinafter described property, and to her attorneys, Moore
and Lipscomb, the sum of $1,170.00, being $1.25 per square foot for
933.88 square feet of land, prior to thi s 5th day of,":4ctober, A. D. ,
1967, in the City of Paris, in Lamar County, Texas. That said offer
was refused, and I report herewith the refusal.
The property is described as follows:
Situated within the C-orporate Limits of the City of Paris,
County of L,amar, and State of Texas, a part of the Larkin.~
Rattan Survey, and being a part of a tract of land as con.-
veyed Richard L. Perkins as recorded in Vol. 301, page 69, of
the Deed Records of said County and State.
BEGINNING at a point for corner at the intersectio n of the
SBL of Pine Bluff Street with the ESL of lst N. E., said point
for corner being the NWC of said Perkins tract of land;
THENCE East along the SBL of Pine Bluff Street a distance
of 108 feet to a point for corner, said point being the NEC
of said Perkins tract of land;
THENCE South a distance of 7.5 feet to an iron pin for
corner in the EBL of said Perkins tract of land;
THENCE West parallel to and 7.5 feet south ofthe SBL of
Pine Sluff Street a distance of 93 feet to an ixon pin for
corner, said point being 15 feet each of the EBL of lst N. E.;
THENCE North along the EBL of lst N. E. a distance of 22
feet to the place of beginning.
/s/ H. C. Kennemer
HCK/ja H. C. Kennemer, City Manager"
Section 2. That it is hereby detexmined that a bona fide off er
has been made in aDmpliance with the resolution heretofore adopted by
the City Council of the City of Paris, and that the City of Paris can-
not agree with the property owner as to the damages legally allowable
by law.
Section 3, That a right of way over and across the hereinafter
described property is deemed necessary for use in connection with the
widening of Pine Bluff Street, f rom 2nd Street, N. E. to North Main
Street, and it is determined that public necessity requires its approw
priation and acquisition for said purpose.
Section 4. That the City of Paris determines to appropriate a
right of way over and across said property under the exercise of emi-
nent domain as set forth in Title 52, Revised Statutes of the State of
Texas, being Articles 3264 to 3271, inclusive, and the appliaable pxo-
visions of the Charter of the City of Paris.
Section 5. That the First Resolution, being Resolutio n No, 1235,
heretofore adopted by the City Council on the llth day of September,
A. D., 1967, is hereby referred to and is, in all things, approved
and confirmed.
Section 6. That the City Attorney is hereby authorized and re-
quired to file the necessary suits and take the necessary action for
the prompt acquisition of said right of way.
Section 7. The owner of said property and the property descrip.»
tion are as follows:
The owner is R. L. Perkins, a non compos mentis, whose duly
qualified and acting guardian is his wife, Ruth C. Perkins, and the
property is described as follows:
Situated within the Corporate Limits of the City of P°aris,
County of I.amar, and State of Texas, a part of the I.arkin
Rattan Suxvey, and being a part of a tract of land as con-
veyed Richard L. Pericins as recorded in Vol. 301, page 69, of
the Deed Records of said County and State.
BEGINNING at a point for corner at the intersection of the
SBL of Pine Bluff Street with the 'BL of lst N. E., said point
for corner being the NWC of said Perkins tract of land;
THENCE East along the SBL of Pine Bluff Street a distance
of 108 feet to a point for corner, said point being the NEC of
said Perkins tract of land;
THENCE South a distance of 7.5 feet to an iron pin for
corner in the 'EBL of said Perkins tract of land;
THENCE West parallel to and 7,5 feet south of the SBL of
Pine Bluff Street a distance of 93 feet to an iron pin for
corner, said point being 15 feet east of the EBL of lst N. E.;
THENCE North along the EBL of lst N. E. a distance of 22
feet to the place of beginning.
Passed and adopted this 9th day of October, A. D., 1967.
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ATTEST: Mayor
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C City Cleric
APPRO~D AS TO.. _FORM :
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