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1235 RES DETERMINING NECESSITY OF ACQUIRING ROWRESOLUTICIV NO. 1235 . A RESOLUTION DETERMINING UPdN THE NECESSITY OF ACQUIRING A RIGHT OF WAY OVER AND ACROSS THE HEREINAFTER DESCRIBED LAND, TO BE USED IN CONNECTION WITH THE WIDENING OF PINE BLUFF STREET, FROM 2ND STREET, N. E. TO THE EAST BOUNDARY LINE OF NORTH MAIN STREET. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That it is hereby determined that public ne- cessity requires the widening of Pine Bluff Street, from 2nd Street, N. E. West to the East Boundary Line of North Main Street, and that the City of Paris should acquire a necessary right of way on Pine Bluff Street for said project. Section 2o That a right of way under, over, and across the hereinafter described property owned by the hereinafter named person is hereby determined to be necessary for said above men•» tioned project. Section 3, That for the purpose of acquiring a right of way under,over, and across said property, and believing that the sum of money hereinaf ter set forth represents the fair cash market value of the right of way under, over, and across said property and the full damages legally allowable by law, it is hereby re- quired that H. C. Kennemer, City Manager, or any designated em.. ployee, is hereby authorized and empowered to offer to the here- inafter named property owner or owners the amount of money shown herein. Section 4. That H. C. Kennemer, City Manager, or the desig-• nated employee, is hereby authorized to offer to the hEc'einafter named person, and other persons having an interest in said pro•. perty, the amount of money herein set forth, and in all particu.- lars to comply with the statutes of the State of Texas with ref» erence to the necessaxy legal prerequisites in or relating to the exercise of the right of eminent domain, and in particular Title 52, Articles 3264 to 3271 inclusive, Revised Civil Statutes of the State of Texas, and the applicable Charter provisions of the City cf Pari s , Section 5. That the said H. C. Kennemer, City Manager, or the designated employee, shall make said tender in person if such person can be located in the City of Paris, but if the owner, his agents, or the claimants of any interest in said property cannot be located in the City of Paris, or reside elsewhere, then said tender of offer shall be made by certified or registered letter addressed to said persons at their last known mailing address. Section 6. That the City of Paris determines to appropriate a right of way under, over, and across said property fox the pur- pose of widening Pine Bluff Street, from 2nd Street, N. E. to the East Boundary L.ine of North Main Street, under the exercise of the right of eminent domain as set forth in Title 52, Revised Civil Statutes of the State of Texas, being Articles 3264 to 3271 inclu.. sive, and the provisions of the Charter of the City of Paris and other statutes of the State of Texas authorizing condemnation. Section 7. That the person or persons claiming an interest in said property, the amount to be offered, and the description of said property, are as fol.lows : 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 as conveyed 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 intersection of the SBL of Pine Bluff Street with the EBL of lst N. Eo, said point for coxner being the NWC of said Perkins tract of land; THENCE East along the SBL of Pine Bluff Street a d.stance 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 SSL 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. The parties owning an interest in and to the above described property are as f ollows: l. R. L. Perkins, a non compos men.tis, whose duly qualified and acting Guardian is his wife, Ruth C. Perkins, who resides in Pari s, Lamar County, Texas. That H. C. Kennemer is hereby authorized to offer to R. L. Perkins, a non compos mentis, whose duly qualified and acting Guardian is his wife, Ruth C. Perkins, who resides in Pari s, Lamar County, Texas, the owner of said premises, the sum of $1,170.00, which is $1.25 pex square foot for 933,88 square feet of land. Section 8. That upon acceptance of the above offer, the City Director of Finance is hereby authoxized and directed to pay the amount set forth herein, which shall be paid out of the Street Department Budget Fund, Item No. 406.•X..1. Section 9, That this resolution shall take effect from and after its passage. Passed and adopted this llth day of September, A. D., 1967. -xn AQd 7j Mayor I ATTEST: ~ r City Clerk