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1234 RES DETERMINING NECESSITY OF ACQUIRING ROWRESOLUTION NC). 1234 , A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING A RIGHT OF WAY OVER AND ACROSS THE HEREINAFTER DESCRIBED LAND, TO SE USED IN CONNECTION WITH THE WIDENING OF PINE BLUFF STREET, FROM 2ND STREET, N. E. TO THE EAST SOUNDARY LINE OF NORTH ME1IN 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 2. That a right of way under, over, and across the hereinafter described propexty 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 hereinafter set forth represents the fair cash market value of a right of way under, over, and across said property and the full damages legally allowable by law, it is hereby required that H. C. Kennemer, City Manager, or any designated employee, is hereby authorized and empowered to offer to the hereinafter 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 hereinafter named person, and other persons having an interest in said pro- perty, the amount of xraoney herein set forth, and in all particu«. lars to comply with the statutes of the State of Texas with ref» erence to the necessary 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 provisionscf the City of Paris. Section 5, That the said H. C. Kennemer, City Man ager, 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 for the pur- pose of widening Pine Bluff Street, from 2nd Street, N. E. to the East Boundary I,.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 provis ions 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 follows: Situated within the corporate limits of Paris, County of Lamar, and State of Texas, the I.arkin Rattan Survey, and being a part of land conveyed J. M. McKinney as xecorde 428, page 303, of the Deed Records of said State. B~EGINNING at a point for corner at of the SBL of Pine Bluff Street with Main Street, said point being the NWC tract of land; THENCE East along the SBL of Pine the City of a part of of a tract d in Vol. County and the intersection the EBL of North of said McKinney 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 distance of 26 feet to the place of beginning. The parties owning an interest in and to the above described property are as follows: l. J. M. McKinney, a widower, of Paris, Lamar County, Texas, That H. C. Kennemer is hereby authorized to offer to J. M. McKinney, a widower, the owner of said premises, the sum of $2,592.00, which is $2.00 per square foot for 1296.1 square feet of land, plus $100.00 for re-location of a signpost. Section 8. That upon acceptance of the above offer, the City Director of Finance is hereby authorized and dir ected 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 f rom and after its passage. Passed and adopted this llth day of September, A, D., 1967. < Mayor ATTEST: ' City Clerk APPROY7ED AS TO FORM : ` City A7 ney.