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2016-008 - Power of eminent domain utility easements related to package 4 of the 2013 water and wastewater bond programRESOLUTION 2016 -008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS DECLARING THE NECESSITY FOR IMPROVEMENTS RELATED TO PACKAGE 4 OF THE 2013 WATER AND WASTEWATER BOND PROGRAM; DECLARING THE NECESSITY FOR ACQUIRING BY EMINENT DOMAIN TEMPORARY CONSTRUCTION EASEMENTS, PERMANENT DRAINAGE EASEMENTS AND PERMANENT UTILITY EASEMENTS OF VARYING WIDTHS OVER PROPERTIES LOCATED IN THE CITY OF PARIS, TEXAS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACQUIRE SAID EASEMENTS INCLUDING MAKING INITIAL AND BONA FIDE OFFERS; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO FILE PROCEEDINGS IN EMINENT DOMAIN TO ACQUIRE SAID EASEMENTS; MAKING OTHER FINDINGS AND PROVISIONS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 2013 voters of the City of Paris approved a Water and Wastewater Bond Program; and WHEREAS, construction on Package 4 of said Water and Wastewater Bond Program is set to begin in March, 2016; and WHEREAS, there is a public purpose, need and necessity for said improvements and to acquire temporary construction easements, permanent drainage easements, and permanent utility easements across some properties for the construction, use, operation and maintenance of the improvements in Package 4 of said Water and Wastewater Bond Project; and WHEREAS, in accordance with the above, the City Council of the City of Paris, Texas, hereby finds that there is a public need and necessity to acquire such real properties for such purposes set forth above and said public improvements will be for the benefit and enjoyment of the citizens of the City of Paris, Texas and the public at large; and WHEREAS, the real property to be acquired are temporary construction easements, permanent utility easements and permanent drainage easements across the properties in the general areas set forth below located in the City of Paris, Lamar County, Texas which are more particularly set forth in Exhibit A hereto which is incorporated by reference for all purposes as if fully set forth herein. Area 1: North Loop 286 from Spur 139 south to the intersection with FM 195 Area 2: Between 718 and 728 Pine Bluff south to a point between 715 and 725 E. Price Area 3: Starting on the southeast side of the intersection of 6t' Southeast St. and E. Washington St., heading southeast to the north side of E. Polk St. Area 4: Starting on the southeast side of the intersection of 8`" Southeast St. and E. Cedar St., heading southeast to the north side of E. Oak St. Area 5: Starting approximately 213 feet southeast of the end of Stacy Lane headed southwest to Lovers Lane R.O.W. Area 6: 3200 Clarksville St., located on the south side of Clarksville St. across from the Lovers Lane R.O.W. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. The City Council hereby finds and determines that there is a public purpose, need and necessity for the improvements related to Package 4 of the 2013 Water and Wastewater Bond Program, and that further, there is a public purpose, need and necessity to acquire the easements in the properties referenced hereinabove and more particularly set forth in Exhibit A attached hereto and incorporated by reference for all purposes as if fully set forth herein, for the public purpose of constructing, using, operating and maintaining the improvements contained in Package 4 of the 2013 Water and Wastewater Bond Program, which shall inure to the benefit of the public and the citizens of the City of Paris, Texas. Section 3. The City Manager or his designee is hereby authorized on behalf of the City to attempt to agree on damages and compensation to be paid to the owners of the referenced properties and to make initial and bona fide offers for said easements on said properties. If the City Manager or his designee determines that an agreement for damages and compensation cannot be reached, then the City Manager or his designee is hereby authorized to file or cause to be filed condemnation proceedings against the owners and interested parties of the referenced properties to acquire the referenced easements through eminent domain. Section 4. If it is later determined that there are any errors in the descriptions contained herein or if later surveys contain more accurate revised descriptions, or if it is later determined that the other persons not named herein own any right, title or interest in or to the properties, the City Manager or his designee is authorized to have such errors corrected or revisions made without the necessity of obtaining City Council approval authorizing the condemnation of the corrected or revised property or owners. Section 5. This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED this the 8th day of February, 2016. Sue Lancaster, Mayor Pro -Tem ATTEST: (]�- � �-WLo Yanice Ellis, City Clerk APPROVED AS TO FORM: S ep anie H. Harris, Interim City Attorney EXHiBrr A- Potential Condemned Properties CIP Improvements 2/8/2016 Contract Mejerda sheaf Dormer Nerve Owner Address 1CAD Pmparty EesenlwATw* 10 Number 8156th 5E, Parls,TX 75460 (Property, s) ]S PemharmsX leil'M & C 6 6A -SS-0D4 BOwde Orfis &Sue 8246th SE, pads, 7%7516'0 Pads, 101430 5'Temporary COnstruNOn Moiling Address) Easement 645 E Polk Pads, TX 75460 (Property Address) 15' Permanent Why & [ 6 6A- 55-005 Breckeen, Geraldine 117]6 5' Temporary Construction Buchanan Rd, Texarkana, TX 75W3 (Malin Address) Easement E. Palk Paris, Ts 75460 (Property Address) 15' Permanent Utility & C 6 6A -55-0� Brackeen, Geraldine 11777 S'Temporary Consruction 39D48uchanan Rd, Texarkana, TX 75501 (Mailin Address) Easemem Wheeler Properties Parts- 705 E Polk, Paris, TX 75460 14'Permanesht LhgM& C 6 M -SS -WS somberly and lerty(David) (Property Address) 11778 5'Temporary Construction Wheeler SOO CA 1151, Bonham, TX ]5418 Euement (Melling Address 816 Cedar, Paris, TX 75460 - Deceased 15' Permanent Utility & C 7 7A -55-005 Owem,lNn (Property Address/ Mailing Address) 19850 S'Temporary Commuctlon Easement 826 Cedar, Paris, TX 75460 - Deceased 15'Perman ew UUDty& C ] TA- 55.005 Owens, lean (Property Address /Mailing Add rash) 11849 5'Tempwiryconsmuction Easement C 7 7C -SS-W Garland, Hugh 90081k. EM Oak Paris, TX 75460 11859 12'PermaneM Utility Easement Address/ Mailing Address) 105511,41burn Paris, TX75460 20'PermeneM Utility E 2 E2 -SS -01 Hadley, Collin &Mindy (Property Atldress /Mall Mailing Address) 20249 S' Temporary Cosubuctbn Easement 3200 Clarksville Paris, TX 75460 RIrk, Michael - AMR LLCA (Property Address) E 2 E2 SS-05 Nevada Limited 3420Audubon Rd Paris, TX 75460 18677 20' Permanent UUlsy Easement (Mall ng Atldress) 2015 NE LOOP 286, Paris, TX 75460 20'PermanenttJtibty& E 6 E6 -SS-ON Guaranty Co. Inc (Property Address/ Malting Address) 18903 5'Temporary COrutrvNOn Easement 2115 NE Loop 286, Paris, TX 75460 20' Permanent kill& E 6 E6-SS-0D6 Parks,Gregt (Property Address/ Mailing Address) 18804 5'Temporary CinsVU<tion Easement 2300 Blk. NE Loop 286, Paris, TX 75460 Golden Brown Enterprise (Property Address) 20'ta 14' Pnmanen[ Utility & E 6 E6-5S -009 Value inn 3755 NE Loop Pads, 7%75160 117490 S' Temporary Construction (Mailin Addressss) ) Easement 718 Pine Bluff, Pads, TX 75460 (PropertyAddress) 19' w 9' PenNnent Drainage Pine Bluff D- 1 -DA-0D4 Terrell, EUnlceV 13936 EmemeM &10'Temporary 2491 CR 44100, Powdedy, TX 75473 (Mailing Address) Corsstruction Easement 729 Pine Bluff, Paris, TX 75460 (Property Address) 6' Tapered to Or Permanent Pine Bluff O-1- OA-004 Gilbreath, Gregory Rubio 3105 M01, Pads, TX 75960 13937 Dminage Easement & is- to it, (Mailing ng Atldress) Temporary Construction Easement 725 E Price, Paris, TX 75460 lones,Arm!M &Jack (Propssty Address) 17'W 8.5' Permanent Drainage 8 Pine BIUN 0- 1 -DA-009 Bernard 4777 CR 31100 Sumner, TX 75486 13943 Easement &15'Temporery (Mallon Address ) Cwlstruction Easement