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1055 RES DETERMINING NECESSITY OF ACQUIRING EASEMENTRESOLUTION NOo 1055 . A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING AN EASEMENT UNDER9 OVER AND AGROSS THE HEREINAFTER DESCRIBED LAND, TO BE USED IN CONNECTION WITH THE CONSTRUCTION, OPERA- TION AND MAINTENANCE OF SEWER IMPROVEMENT PROJECT NO, 851-4-630 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS: SECTION 1, That it is hereby determined that public necessity re- quires the construction of Sewer Improvement Project No, 851-4-63, and that the City of Paris should acquire an easement necessary for said project. 5ECTION Z. That an easement under, over and across the herein- after described property owned by the hereinafter named persons is hereby determined to be necessary for said above mentioned projecto SECTION 3, That for the purpose of acquiring an easement under, over and across said property, and believing that the sum of money herein- after 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 authorized and empowered to offer to the hereinafter named property owners the amount of money shown. SECTION 4. That J. E. Albright, City Engineer, or the designated employee, is hereby authorized to offer to the hereinafter named persons, 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 with reference to the necessary legal prerequisites existing in or relating to the exercise of the right of eminent domain, and in particular Title 52, Articles 3624 to 3271 inclusive, Revised Civil Statutes of the State of Texas, and the applicable Charter provisions of the City of Pariso SECTION 5. That the said J. E. Albright, City Engineer, or the de- signated employee, shall make said tender in person if said persons can be located in the City of Paris, but if the owners, their agents, or the claimants of any interest in said property cannot be located in the City of Paris, or re- side elsewhere, then said tender or offer shall be made by certified or re- gistered letter addressed to said persons at their last known mailing address. SECTIQN 6. That the City of Paris determines to appropriate an easement under, over and across said property for the purpose of construct- ing a main outfall sewer line under the exercise of the right of eminent domain as set forth in Title 52, Revised Civil 5tatutes 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- tion. SECTION 7, That the persons claiming an interest in said property, the amount to be offered, and the description of said property are a follows: Situated in the County of Lamar and being a part of the Joseph Leach Survey, and being described in two tracts as follows: Being a portion of a 173. 9 acre tract of land conveyed A. S. J. Parrott by James H. Gooch and recorded in Vol, 234, Page 230 of the Deed Records of Lamar County, Texas. Being a strip of land 20 feet in width, 10 feet each side of centerline for maintenance purposes, and 60 feet in width, 30 feet each side of centerline for construction purposes, and said centerline being more particularly described as follows: Tract No, 1: Beginning at a point in the East Boundary Line of said 1730 9 acre tract South 0 Degrees, 35 mino East a distance of 228 feet from its Northeast corner, said point being in the W est Boundary Line of a tract of land owned by W. G. Gibson. Thence North 88 deg. 50 min, West a distance of 53 feet to a point; Thence North 68 deg. 33 mino West a distance of 519. 5 feet to a point; Thence North 87 deg. 55 min, West a distance of 822, 9 feet to a point; said point being the beginning point of Tract No. 2; Thence South 54 deg. 58 min, West a distance of 393.4 feet to a point in the W est Boundary Line of said 173, 9 acre tract, said point being South 0 deg. 05 min. West a distance of 355 feet from its Northwest corner, said point also being in the East Boundary Line of the City of Paris 1 W ater W ells property, Tract No, 2e Beginning at a point, said point being South 0 deg. 05 mino West a distance of 355 feet and North 54 deg. 58 min. East a distance of 393.4 feet from the Northwest corner of said 173.9 acre tracto Thence North 46 deg. 02 min, West a distance of 15606 feet to a point in the North Boundary Line of said 173, 9 acre tract, South 84 deg. 18 mino East a distance of 206. 5 feet from its Northwest corner, said point also being in the South Boundary Line of the Texas and Pacific Railroad, Containing in both tracts 0.871 acres for permanent easement, and containing 20 613 acres for construction easement, which also included the 0.871 acres permanent easement. The parties owning an interest in and to the above described property are as follows: lo Effie Parrott, a widow, the owner of said propertyo 2. Woodrow Bray9 tenant, in charge of said property. That you are authorized to offer to Effie Parrott, the owner of said premises, the sum of $2500 00 damages for the aforesaid easement across the two aforesaid tracts. To Woodrow Bray you are authorized and directed to offer the sum of $50, 00 for any damage that might occur during the period of construction or thereafter, to his tenancy. SECTION 8. That upon acceptance of the offer, the City Director of Finance is authorized and directed to pay the amounts set forth herein, which shall be paid out of Sewer Improvement Fund, Account 860-C-10, 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 3rd day of June, A. Do, 19630 Z ( Mayo r ATTEST:. City Clerk APPROVED AS TO FORM: ) t ' ' City Attorn ,