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1188 RES DETERMINING UPON NECESSITY OF ACQUIRING EASEMENTRESOLTJTION Nt7. 1188 . A RESOLUTION DETERMINING UPON THE NEGESSITY OF ACQUIRING AN E4SEMEiVT UNDE:R, OVE1-Z.., AND ACRJSS THE :!-iEFZEIN.AFTER DESCRIBED LAND, TO BE USED IN CO'VNECTION WTTH T"tiE i.ONSTRUCTION, OPERA- TiON, AND MAINTENANCE OF A R.AW WATER TRANSMwSSION LINE LEADING FROM Tf-iE INTAKE .AND PJM`' STRUC'TURE aVEAR THE PAT MAYSE DAM ON THE PAT IvIAY5E LAKF ANDRUNIVING TO LAKE CROOK AND THE Vll'ATER TRE.ATMENT PLANT ON T}:-iE LAKE CROOK PROPERT'Y,: BEiNG PZOJECT NO. 821-66. BE IT RESOLVED SY THE CITY COUNCIL OF TiiE i,,ITY OF PARIS: Section 1. That it is hereby determzned that public necessity requires the construction of a raw water transmission line of the size of thirty inches (3011) leading from the Intake and Pump Structure near the Pat Mayse Dam on the Pat Mayse Lake to Lake Crook and the Water Treatment Piant located at the Lake Crook Dam, being Project No. 821-66, and that the City of Paris should acquire an easement necessary for said project. Section 2, That an easement under, over and across thehereinafter de- scribed property owned by the hereinafter named persons is hereby determined to be necessary for said above mentioned project. Section 3. That for the purpose of acquiring an easement under, over and acrosssa.id property, and believing that the sum of money hereinafter set forth represents the fair cash market value of an easement under, over and across said property and the full damages legally allowable by law, it is hereby re- quired that J. E. Albright, City Etigineer, or any designated employee, is hereby authorized and empowered to offer to the hereinafter named property owners the amount of money showu. Section 4. That J. E. Albright, City Engineer, or the designated employee, is hereby authorized to offer to the hereinafter named persons, and other per- sons having an interest in said property, the amount of mvney hereinafter set forth, and in all particulars to comply wwth the statutes ofthe State of Texas with reference to the necessary legal prerequisites existing in or relating to the exer- cise of the rights of eminent domain, and in particular Title 52, Articles 3264 to 3271 inclusive, Revised Civil S-tatutes of the State of Texas9 and the applicable Charter provisions of the City of Paris. Section 5. That the said J. E. Albrights City Etzgineer, or the designated employee, shall make said tender in person if said persons can be located in the Cxty 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 or 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 an easement under, over and across said property for the purpose of constructing a thirty inch (3011) raw water transmi.ssion line from the Intake and Pump Structure near the Pat Mityse Dam on the Pat Mayse Lake and leading to Lake Crook and the Water Treatment Plant at the Lake Cr.ook Dam:, under the exercise of the right of eminent domain as set forth in Title 52, Revised Civil Statutes of the St ate of Texas, being Articles 3264 to 3271 inclusive, and the provisions of the Charter of the City of Paris and the Statutes of the State of Texas authorizing condemLza- tio n. Section 7. That the persons claiming an interest in said property9 the amount to be offered, and the description of said property, are as foll.ows: BEiNG a strip of land twenty (ZO) feet in width located in the P. E. P. & P. Railway Company Survey,, Lamar County, Texas, and being over, under and across the tract of land conveyed to E,zgene Exum by a deed now of record in Volume 336, Page 18 of the Daed Records of Lamar County, Texas; said twenty (20) foot easement being 15 feet left of and 5 feet right of the followzng described line: BEGINNING at a point in the southern boundary line of said tract of land, said point being located in an easterly direction a distance of 191.5 feet, more or Iess, from the southwest corner of said tract of Xand; THENCE N 27° 14*` E a distance of 53.5 feet, more or less, to a point; THENCE N 24° lOt' W a distance of 277 feet to a point; THENCE N 5° 202 E a distance of 978 feet to a point; THENCE N 7° 10' E a distance of 620 feet to a point; THENCE S 83° 052 E a distance of 454 feet to a po9nt; THEiVCE N 58° 503' E a distance of 1, 561 feet to a point; THENCE N 33° 401 E a distance of 433 feet, more or less, to a point in the eastern boundary line of said tract of land, said point being located in a southerly direction a distance of 511 feet, more or less, from the northeast corner of said tract of land. Containing 2. 009 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 fram the left side of the above 20 foot easement and forty-five feet (45t') wide from the right side of the above 20 foot easementID consisting of 8.020 acres of land. The parties owning an interest in and to the above described property are as follows: 1. Eugene Exum and wife, Arminta Exum, of Lamar County, Texas. That you are authorized to offer to Eugene Exum and wife, Arminta ExumY the owners of said premises, the sum af $100.45 for the 2.009 acres of land in the permanent 20 foot easement, which is $50. 00 per acre, and to offer to Eugene Exum and wife9 Arminta Exum, $200. 50 for the 8.020 acres of land, which is in the working easement, which is figured at $25. 00 per acre. Section 8. That upon acceptance of the affer, the City Director of Finance is authorized and directed to pay the amounts set forth herein, wnich shall be paid out of the Waterworks Construction Fund. Section 9. That this resolution shall take effect from and after its passage, as in the Charter in such cases is made and provided. Passed and adopted this 13th day of April,, A. D,,, 1966. 1 AT'TEST: ~ Mayor Pro Tem , . ~ City Clerk AP?ROVED AS TO FORM: L City Attor ey.