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1190 RES ORDERING CONDEMNATION AND APPRORIATION OF PROPERTY NECESSARY FOR EASEMENTRESOLUTION NOo 1190 . A RESOLUTIO'v ORDERING THE i.,ONDEMNATION .AND APPROPRIA- TION OF PRQPERT Y NECESSARY FOR AN EASEMENT UNDER., OVER AND ACROSS THE HEREINAFTER DESCRIBED LAND, TO BE JSED FOR A RAW W.ATER TR.ANSMTSSION LINE 7F THIRTY iNrHES (3011) IN DTAMETERs LEADING FRO?vI THE INTAKE AND PJMP STRUCTURE NEAR THE PAT M.AYSE DAM 0=V THE PAT M.gYSE LAKE TO LAKE CROOK AND THE WATEr.Z TREATMENT PLANT LOCATED AT THE .LAKE CROOK DAM* BEING PR`J- JECT iVO. 821-66. WHERE.?,5., the City Engineer has heretofore reported that the herein- after named property owner has refused the sum of money authorized to be paid to him or offered for the acquisition of an easement under, over and across the hereinafter described property, to be used in connection with a thirty inch (3011) raw water transmi.ssion line from the Pat Mayse Lake to Lake Grook and the Water Treatment Piant located at the Lake Crook Dam: and, WHEREAS, the legal prerequisites required by law having been complied with, it now becomes necessary to condemn and appropriate an easement under, over and across the hereinafter described land; NO`N, THEREFC7RE, BE 1T rZE50LVED BY THE CITY COTJNCIL OF TriE CITY OF PARIS: Section 1. That the offer of the sum of money made under the direction of the City Engineer to J. M. McKinney, as set forth in his report to the City Council as follows, is in all things approved and confirmed: "May 2, 1966 "TO THE C_ITY COUNCIL OF THE CITY OF PARIS,, TEXAS: Re: Offer to Owner for 30" raw water transmission easement Ip W. R. Abbott~ Assistant C-ty Eizgineer of the City of Paris, for and on behaXf of J. E. Albright, City Engineer, and at his direction, offered to J. M. McKinney, owner of the hereinafter described property, the sum of $42, 25 on this the 2nd day of May9 A. D~ a 1966, at his place of business on North Main Street, in the City of Paris, Texas. He refused said offer and I report herewith his refusal. The property is described as follows: BEANG a strip of land twenty (20) feet in width located in the John Densman Survey, Lamar County, Texass and being over, under and across the tract of land (fourth tract) con- veyed to Ruth Barne s Smith and J. M. McKinney by a deed now of record in Volume 357, Page 104 of the Deed Records of Lamar County, Texas; said twenty (20) foot easement being 15 feet left of and 5 feet right of the following described line: BEGIN1VING at a point in the wzstern boundary line of said tract of land, said point being located in a southerly direction a distance of 511 feet, more or less, from':he northwest corner of said tract of land; THENCE N 33° 40= E a distance of 613 feet, more or less, to a point in the northern boundary line of said tract of land, said point being located in an easterly direction a distance of 377 feet9 more or less, from `he northwest corner of said tract of land. Containing 0.28 acres of land. Also a construction easement for the purpose of laying a thirty inch (3011) water Iines which shall be thirty-five feet (352) wide from the left side of the above 20 foot easement and forty-five (451) feet wide from ihe right side of the above 20 foot easement9 consisting of 1. 13 acres of Iand. J. E. AL3RIGHT LIT Y :ENGINE ER BY: Isl W. R. Abbott WRA/ja W, R, Abbott,, Assistant City Engineer. " 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 Parisa and that the City of Paris cannot agree wi.th the property owner as to the damages legally allowable by law. Section 3. That an Pasement under, over and across the hereinafter de- scribed property is deemed necessary for use in connection with a thirty inch (3011) raw water transmission line from the Pat Mayse Lake to Lake Cr.ook and the Water Treatment Plant, and it is determined that public necessity requires its appropriation and acquisition for said purpose. Section 4. That the Gity of Paris determines to appropriate an easement under, over and across said property under the exercise of the right of eminent domain as set forth in Title 54 Revised Statutes of the State of Texas, being Articles 3264 to 32719 inclusive, and the applicable provisions of the Charter of the City of Paris. Section 5. That the First Resolutiona being Resolution No. 1183, hereto- fore adopted by the City Council on the l lth day of April, A. D., 1966, is hereby referred to and is in all things approved and confirm,ed. Section 6. That the City Attorney is hereby authorized and required to file the necessary suits and take the necessary action for the prompt acquisition of said easement. Section 7. The ow.ier of said property and the property description are as follows: The owner is J. M. McKinney, and the property is described as follows: BEING a strip of land twenty (20) feet in wi.dth located in the John Densman 5urvey, Lamar County, Texass and being over, under and across the tract of land (fourth tract) con- veyed to Ruth Barnes Smith and J. M. McKinney by a deed now of record in Volume 357, Page 104 of the Deed Records of Lamar County, Texas; said twenty (20) foot easement being 15 feet left of and 5 feet right of the following described line: BEGINNiNG at a point in the western boundary line of said tract of landID said point being located in a southerly direction a distance of 511 feet, more or less, from the northwest corner of said tract of land; THENCE N 33° 401 E a distance of 613 feet, more or less, to a point in the northern boundary line of said tract of land, said point being located in an easterly direction a distance of 377 feet, more or less, from the northwest corner of said tract of land. Containing 0. 28 acres of land. Also a construction easement for the purpose of laying a thirty inch (3011) water line, which shall be thirty-five feet (35t) wide from the left side of the above 20 foot easement and forty-five (451) feet wide from the right side of the above 20 foot easement, consisting of 1. 13 acres of land. Passed and adopted this 9th day of May: A. D,, 1966. "cL Y' ATTEST: rf lr ~ . ' City C erk APPROVED AS Tg FORM: , 7 . ; ~ Ci Attorney. ~ d