1242 RES ORDERING CONDEMNATION AND APPROPRIATION OF PROPERTY NECESSARY FOR ROWRESOLUTION NO. 1242 A RESOLUTION ORDERING THE CONDEMNATION AND APPROPRIATION OF PRO-
PERTY NECESSARY FOR A RIGHT OF WAY OVER E1ND ACROSS THE HgZEINAFTER
DESCRIBED LAND, TO BE USED IN CONNECTION WITH THE frJIDENING OF PINE
BLUFF STREET, FROM 2ND STREET, N. E. TO THE EAST BOUNDARY LINE OF
NORTH MAIN STREETa
WHEREAS, 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 acquisition of a right af 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,
WHEREAS, the legal prerequisites required by law having been com.»
plied with, it now becomes necessary to condemn and appropriate a
right of way over and across the hereinafter described land; NOW,
THEREFORE,
BE IT RESOLVED 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 confinn.ed:
"October 5, 1967
"TO THE CITY COUNCIL OF THE CITY OF PARIS, TEXA.S:
Re: Offer to acquire right of way on the South Side
of Pine Bluff 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 th e City of Paris, offered to
J. M. McKinney, owner of the hereinafter described property, the sum
of $2,592.00, being $2.00 per square foot for 1296.1 square feet of
land, plus $100,00 for re-location of a,.signpost, prior to this 5th
day of Octaber, A. D., 1967, at the office of his attorney, William J.
Lipscomb, 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 corporate limits of the City of Paris,
County of Lamar, and State of Texas, a part of the Larkin
Rattan Survey, and being a part of a tract of land conveyed
J. M. McKinney as recorded in Vol. 428, page 303, 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 EBL of North Main Street,
said point being the NWC of said McKinney tract of land;
THENCE East along the SBL of Pine Bluff Street a distance
of 112 feet to a point for corner, said point being the NEC
of said McKinney tract of land;
THENCE South a distance of 10,5 feet to an iron pin for
corner in the EBL of said McKinney tract of land;
THENCE West parallel to and 10.5 feet south of the SBL of
Pine Bluff Street a distance of 97 feet to an iron pin for
s id oint being 15 feet east of the EBL of North
corner, a p
Main Street;
THENCE South 43-46 west a distance of 21.4 feet to an
iron pin for corner in the EBL of North Main Street;
THENCE North along the EBL of North Main Street a dis-
tance of 26 feet to the place of beginning.
/s/ H. C. Kennemer
HCK/ja H. C. Kennemer, City Manager"
Section 2. That it is hereby determined that a bona fide offer
has been made in compliance 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, from 2nd Street, N. E. to North Main
Street, and it is determined that public necessity requires its appro•»
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 applicable pro-
visions of the Charter of the City of Paris.
Section 5. That the First Resolutiun, being Reso lution No. 1234,
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 J. M. McKinney, and the property is described as
f o l lows :
Situated within the corporate limits of the City of Paris,
County of Lamar, and State of Texas, a part of the Larlcin
Rattan Survey, and being a part of a tract of land conveyed
J. M. McKinney as recorded in Vol. 428, page 303, 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 EBL of North Main Street,
said point being the NWC of said McKinney tract of land;
THENCE East along the SBL of Pine Bluff Street a distance
of 112 feet to a point for corner, said point being the NEC
of said McKinney tract of land;
THENCE South a distance of 10.5 feet to an iron pin for
corner in the EBL of said McKinney tract of land;
THENCE West parallel to and 10.5 feet south of the SBL of
Pine Bluff Street a distance of 97 feet to an iron pin for
corner, said point being 15 feet east of the EBL of North
Main Street;
THENCE South 43-46 west a distance of 21.4 feet to an
iron pin for corner in the EBL of North Main Street;
THENCE North along the EBL of North Main Street a dis•.
tance of 26 feet to the place of beginning.
Passed and adopted this 9th day of October, A. D., 1967.
~'Y1 • A:a.~.~
Mayor
ATTEST:
City Clerk
APPROV.~.1D AS TO FORM:
-7~I
City Attorney.
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