Loading...
1183 RES DETERMINING UPON NECESSITY OF ACQUIRING EASEMENTRESOLUTION NO. 1183 A RESOLUTION DETEFtMINLNG UPON T1HE iVECESSITY OJ' AvQUIRING AN E.ASEMLNT UNDER, OVER, AND ACROSS THE HEREINAFTER DESCRIBED L.AND, TO BE USED IN CONNECTION WITH THE CONSTRUCTION.2 OPFR.A- TIOlV, AND MAIlVTENANCE OF A R.AW WATER TRAN,SMISSION LJNE .LEADZNG FROM THE INTAKE .AND PUM? STRUCTURE NEAR TtiE PAT :MAY5E JDAM ON THE PAT MAYSE L_AKE A1`ID RUNNING 'TO LAKF CR001-', AND THE W.ATER TREATMEN'T PLANT ON THE LAKE GROOK PROPERTY, BEING PrZOJECT NO, s21-66. BE IT RESOLVED BY Tf-iE CITY COJNCIL OF THE t,ITY OFPARIS: Section 1. That it is hereby determi_ned that public necessity requires the construction of a raw water transmission line of the size of thirty inches (30") leading from i,he Intake and Pum-P Structure near the Pat Mayse Dam on the Pat Miiyse Lake to Lake Crook and the W ater Treatment Plant located at the Lake Crook Dam, being Pro ject No. 821-66, and that the City of Paris should acquire an easement necessary for said project. Section 2. That an easement under9 over and across the hereinafter de- scribed property owued by the hereinafter namFd person is hereby determi.ned to be necessary for said above mentioned project. Section 3. That for the purpose of acquiring an easement unders over and across said 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 required that J. E. Albright, City Engineer, or any designated employee, is hereby au- thorized and empowered to offer to the hereinafter named property owiier the amount of maney shown. Section 4. That J. E. A.lbright, City Engineer, or the designated employee, is hereby authorized to offer to the hereinafter named person, and other persons having an interest in said property, the amount of money hereinafter set forth, and in all particulars to comply with the statutes of the State of Texas wi-th ref- erence to the necessary legal prerequisites existing in or relating to the exercise of the rights of eminent domainm and in particular Title 52a Articles 3264 to 3271 inclusive, Revised Civil Statutes of the State of Texas, and the applicable Charter provisions of the City of Paris. Section 5. Th.at the said J. E. Albright9 City Engineer, or the designated employee, shall make said tender in person if said persons can be Iocated 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 or offer shall be made by certified or registered letter addressed to said persons at their last known mailing address. Section 6. That the Ci_ty of Paris determines to appropriate an easeme.nt under, over and across said property for the purpose of constructing a thirty inch (3011) raw vvater transmission line from i.he Intake and Pump Structure near the Pat Mayse Dam an the Pat Mayse Lake and leading to Lake Crook and the Water Treatment Piant at the Lake C.rook Dam, 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 inclusive, and the provisions of the Charter of the City of Paris and the Statutes of the State of Texas authorizing condemna- tio n. Section 7. That the person claimzng an interest in said property, the amount to be flffered, and the description of said property, are as follows: BEING a strip of Iand twenty (20) feet in width located in the John Densman Survey, Lamar County, Texas, and being over, under and across the tract of land (fourth tract) con- veyed to Ruth Barnes Smith and J. M. Mc:Kinney 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 Iine of said tract of land9 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; THF.NCE N 33° 401 ' Ea distance of 613 feet, more or less, to a point in the northern boundary Iine 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 (35s) 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. The parties owning an interest in and to the above described property are as follows: 1. J. M., McKinney, 2330 North Main Street, Paris, Texas. That you are authorized to offer to J. M. Mc:Kinney, the owner of said premises, the sum of $14. 00 for the 0. 28 acres of Iand in the 20 foot easement, which is $50. 00 per acre, and to offer to J. M. Mc:Kinney, the sum of $28. 25 for the 1. 13 acres of land, which is figured at $25. 00 per acre. Section 8. That upon acceptance of the offer, the City Di.rector of Finance is authorized and directed to pay the amounts set forth herein, which 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 llth day of ~pril, A. Dg, 1966. - ~ ATTEST: Mayor ~ ~ - -C -C -t - ` - _ . City Clerk APPROVED A O~F~ORiu~ ; f ity Atto rney.