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Home My WebLink AboutR81-415O0 081 RESOLUTION NO. R81-41S A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVtEW, TEXAS ESTABLISHING LAND ACQUISITION POLICY AND PROCEDURES, )3qD THE INTENT TO ACQUIRE CERTAIN PARCELS IN CONJUNCTION WidTH THE 1978-80 CO~dUNITY DEVELOPMENT STORM DRAINAGE PROJECT. WHEREAS, the City Council is ~itally concerned with efficient execution of the Community Development Projects under _its .jurisdiction; WHEREAS, the engineering consultants-and the surveying consulta~t.s have determined the appropriate location for the portion of tNe proposed emst drainage chanfiel between FriSco Lake and Running Hater Draw; WHEREAS, the City Engineer has determined tha-t there is mn immediate need to acquize that portion .of the channel right-of-way, in order that, construction may proceed in conjunction with the City of Plainview's I9?gPaving Project; and WHEREAS, the acquisition of the storm drainage channel right-of-waY will eventually help alleviate the storm water runoff problem on the. east side of the City; and WHEREAS, in keeping with policy and procedures consistent with HUD and applicable statutes governing a6quisition of property for Comm~mity Development Programs, the City of Piainview has adopted the fo!!owing Gener"al La~d Acquisition Policy and Procedures: 1. The City of.Ptainview will make every reasonable effort 'to acquire each.property b~ negotiated purchase before instituting eminent domain proceedings' against the property. 2~ The City of P!ainview will not require any'o~ner to surrender the-right to possession of his property until the City pays, or causes t~ be'paid, to the m~mer - the agreed purchase price arrived at by negotiation. 3. The-City of Plainview will not.require anypersan Ia~fuliy occupying' property.to surrender possession without at least ninety (90) days written n6tice from the City, of the date on which pos:}essi0n'~ilt be required; NOW THEREFORE BE IT RESOLVED by the Mayor and the City Council of . the City of Plainview that the followihg proceaures oe adopted an the following parcels as listed in section 4 be acquired for the. Comaau~ity Beveiopment Storm Drainage Program: Section 1. Period of Negotiation and Final Offer ReqFirements. A. 1) The City of Plainview. shall make.. _ a .diligent-.. conscientious effort to ind~e~z; the owner to accept a fair and proper price for his property..- 2) It is hereby determined that the normal period of initial negotiations need not exceed forty-five (4S) days. he shall immediately prepare for the City'Manager's signature the final notice istipulated in Section 1-B. hereof. .... -:_--~"Progress For People Through planning'~ i ............... O0 RESOLUTION NO. R81-415 Page Two I CITY OF PLAINVIEW ! B. Final Notice 1) When efforts to negotiate have been unsuccessful, the City shall prepare for the City Manager's signature, a notice making a final offer to the owner in writing. 2) This final offer shall include an invitation to discuss acquisition of the property with the City Manager, afford a reasonable period of time for the owner to accept or reject the invitation, and include a notification of the date on which the City intends to institute eminent domain proceedings if agreement cannot be reached on the pubchase of the property within the time specified. Section 2. Institution of Condemnation Proceedings. A. To avoid delay in the timely filing of condemnation proceedings due to failure of negotiations to effect acquisition, the City Manager is authorized and instructed to notify the City Attorney to institute condemnation proceedings for acquisition of any property, provided the above requirements have been met. B. The City Manager is further authorized and instructed to institute condemnation proceedings for any property that must be acquired by condemnation for curative title purposes. C. A report of any and all such actions taken by the City Manager shall be presented to the City Council at the next Regular Meeting for ratification. Section 3. Maintenance of Records A. The City shall maintain records of its negotiations and other actions. B. As evidence of the Departments adherence to this/policy and HUD require- ments, the Community Development staff members serving~as negotiators, shall maintain individual records of all negotiation with individual property owners. Section 4. Designation of Property to be Acquired Tract 1 Being a 3.34 acre tract out of various tracts as recorded in Vol. 638, Page 371, of the Hale County Deed Records, the herein described tract being in the M.A. Lowe Survey, Hale County, Texas: COMMENCING at a spike in the center line of Ivy Street and the south line of East 9th street; Thence North 49.S feet to a spike in the south line of said M.A. Lowe Survey; Thence S. 89°28'E. 303.81 feet along the south line of said Survey to a point from which a spike for the S.E. corner of said Survey bears S. 89o28'E. 524.0; Thence North 31.64 feet to the POINT OF BEGINNING of th~ herein described tract in the northerly right of way line of the Ft. Worth & Denver Railroad, as recorded in Vol. 80, Page 560, of the Hale County Deed Records; RESOLUTION NO. R81-415 Page Three CITY OF PLAINVIEW Thence N. 54o20'10"W. 200.45 feet along said;:~ight ofway line to a point; Thence No.31°49'03"E. 690.27 feet to a point in the southerly right of way line of the Pecos & Northern Texas (Santa Fe) Railroad, as recorded in Vol. 15, Page 262 of the Hale County Deed Records; Thence S. 75°32'16"E. 209.54 feet along said right of way line to a point; Thence S. 31o49'03"W. 766.22 feet to the POINT OF BEGINNING and containing 3.34 acres. Tract 2. Being a 3.289 acre tract out of both a 8.35 acre tract out of the M.A. Lowe Survey, as recorded in Vol. 502, Page 157, of the Hale County Deed Records and a 5.8 acre tract out of the R. Holland Survey also recorded in Vol. 502, Page 157, of said Deed Records, Hale County, Texas: BEGINNING at the S.E. corner of said 8.35 acre tract and the S.W. corner of said 5.8 acre tract, said corner being 40.0 feet north and 25.0 feet west of the N.W~ corner of Lot 10, Block 1, Molino Addition, Plainview, Hale County, Texas: Thence N.89°38;W. 201.18 feet along the south line of said 8.35 acre tract to a point; Thence N.12°07'33"E. 64.96 feet to a point; Thence N.44054'54"E. at 268.23 feet pass the common line of said 8.35 and 5.8 acre tracts, in all 702.36 feet to a point in the north line of said 5.8 acre tract; Thence S. 89o35'E. 142.92 feet along said north 'line to the N.E. corner of said tract; Thence S.0°25'W. 200.0 feet along the east line of said tract to a point;- Thence N.89°35'W. 74.38 feet to a point; Thence S. 44o54'54"W. 510.89 feet to a point in the south line of said 5.8 acre tract; Thence N,89o35'W. 14.74 feet along the south line of said tract to the POINT OF BEGINNING and containing 3.289 acres of which 0.697 acres are out of said 8.35 acre tract and 2.593 acres are out of said 5.8 acre tract. Tract 3. Being a 2.737 acre tract out of a 9.4 acre tract out of the M.A. Lowe Survey, Hale County, Texas: BEGINNING at a 5/8 inch steel rod found for the N.E. corner of said 9.4 acre tract, said rod also being 25.0 feet north and 25.0 west of the N.W. corner of Lot 10, Block 1, Molino Addition, Plainview, Hale County, Texas; Thence N.89°38'W. 204.29 feet along the north line of said 9.4 acre tract to a point; RESOLUTION NO. R81-415 Page Four CITY OF PLAINVIEW O0 O84 Thence S. 12°.~'33"W. 443.89 feet to a point in the northerly right of way line ofthe Pecos & Northern Texas (Santa Fe) railroad as recorded in Vol. 15, Page 262, of the Hale County Deed Records; Thence S. 75°32'16"E. 303.44 feet along said right of way line, parallel and 100.0 feet northerly from the center line of track to the S.E. corner of said 9.4 acre tract;~ Thence N.0°'25'E. 508.47 feet along the east line of said 9.4 acre tract and the east line of said M.A. Lowe Survey to the POINT OF BEGINNING and containing 2.737 acres. PASSED AND APPROVED this the 28th day of July, 1981. ATTE ~T: WALTER S. DODSON, City Glerk