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HomeMy WebLinkAboutR83-622O0 ©?8 RESOLUTION NO. R83-622 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLAINVIEW, TEXAS ESTABLISHING LAND ACQUISITION POLICY AND P~S, AND THE ~ TO ACQUIRE CERTAIN PARCRI~q IN CONJUNCTION WITH THE 1978-80 ~ITY DEVELOPMENT STORM DRAINAGE PROJECT, AND A QUALIFIED APPRAISER BE RETAINED TO DETERMINE THE VALUES OF SAID PARCELS. WHEREAS, the City Council is vitally concerned with efficient execution of the Conm%mity Development Projects under its jurisdiction; and WHEREAS, the engineering consultants and the surveying consultants have determined the appropriate location for the proposed drainage channel along Running Water Draw; and WHEREAS, the City Engineer has determined that there is an immediate need to acquire that portion of the channel right-of-way, in order to relieve a restriction of storm under flow at the lower end of the recently completed east drainage channel; and WHEREAS, the acquisition of the storm drainage channel right-of-way will eventually help alleviate the storm water runoff proble~ on the east side of the City; and WHEREAS, in keeping with policy and procedures consistent with HUD and applicable statutes governing acquisition of property for Community Development Programs, the City of Plainview has adopted the following General Land Acquisition Policy and Procedures: !. The City of Plainview will make every reasonable effort to acquire each property by negotiated purchase before instituting eminent domain proceedings against the property. 2. The City of Plainview will not require any owner to surrender the right to possession of his property until the city pays, or causes to be paid, to the owner the agreed purchase price arrived at by negotiation. 3. The City of Plainview will not require any person lawfully occupying property to surrender possession without at least ninety (90) days written notice from the City, of the date on which possession will be required; and WHEREAS, there is a need to have the said right-of-way appraised by a qualified real estate appraiser; and WHEREAS, David Julian, a qualified real estate appraiser has agreed to make said a appraisals for the sum of $350.00: O0 NOW, THEREFORE, BE IT RESOLVED by the Mayor and the City Council of the City of Plainview that the following~ procedures be adopted and the following parcels as listed in section 4 be acquired for the ~ity Development Storm Drainage Program: Section 1. Period of Negotiation and Final Offer Requirements. A. Negotiation Period 1) The City of Plainview shall make a diligent, conscientious effort to induce the owner to accept a fair and proper price for his property. 2) It is hereby determined that th~ normal period of initial negotiations need not exceed forty-five (45) days. 3) Should the City Staff msmber feel that an impasse has been reached, he shall irm~diately prepare for the City YZ~%ager's signature the final notice stipulated in Section 1-B hereof. B. Final Notice 1) When efforts to negotiate have been unsuccessful, the City sb~ll 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 cannon be reached on the purchase of the property within the time specified. Section 2. Institution of Condemnation Proceedinqs 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 thatmustbe acquired by condemnation for curative title purposeso 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. ©0 080 B. As evidence of the Depa~-h-r~nts adherence to this policy and HUD requirements, the Connunity Development staff members serving as negotiators, shall maintain individual records of all negotiation with individual property owners. Section 4. Designation of Property to be B~quired Tract 1 Being a 1.366 acre tract out of the S.W. part of a 10 acre tract as recorded in Vol. 402, Page 183 of the Hale County Deed Records, out of the N.E. part of the Poliet Smith Homestead Survey No. 11, Block I~4, Hale County, Texas: Beginning at the S.W. corner of said lo acre tract, said corner being 933 feet S.89 41'10"W. and 1399.6 feet South of the N.E. corner of the Poliet Smith Homestead Survey, Hale County, Texas; Thence North 198.16 feet along the West line of said 10 acre tract to a point; Thence S.85°45'30"E. 235.93 feet to a point; Thence S.43°17'35"E. 245.15 feet to a point in the South line of said 10 acre tract; Thence S.89°40'38"W. 403.39 feet along the South line of said 10 acre tract to the point of beginning and containing 1.366 acres. Being a 1.212 acre tract out the North part of the remainder of a 27 acre tract as recorded in Vol. 126, Page 53 of the Hale County Deed Records, out of the East part of the Poliet Smith Hcmestead Survey No. 11, Block LM, Hale County, Texas: ~ING at the N.E. corner of the Poliet Smith Homestead Survey No. 11, Block LM, Hale 'County, Texas; Thence S.89°41'10"W 933 feet to the N.E. corner of a 30 foot wide strip deeded to the City of Plainview, recorded in Vol. 132, Page 448 of the Hale County Deed Records; Thence South 1399.6 feet along the East line of said strip to the N.W. corner of said 27 acre tract and the POINT OF BEGINNING of the herein described tract; Thence N.89°40'38"E. 403.39 feet along the North line of said 27 acre tract to a point; Thence S 43°17'35E. 197.03 feet to a point; Thence S.0°49'40"E. 22.71 feet to a point in the north line of the W.H. Webb 1,52 acre tract as recorded in Vol. 576, Page 245 of the Hale County Deed Records; Thence S. 89° 43'W. 200 feet to the N.W. corner of said tract; Thence S.0°49'40"E. 200.29 feet along the west line of said Webb tract and the Pat Speed tract to a point; Thence Northwesterly 547.05 feet along a curve to the left having a radius point bearing S.89°10'20~'w. 369.05 feet, a central angle of 84!55'50", and a chord bearing N.43°17'35"W. 498.32 feet to a point in the east line of said 30 foot wide strip. Thence North 2,39 feet along the east line of said strip to the POINT OF B~GINNINGand containing 1,212 acres. 00 08i AND BE IT~RESOLVEDbytheMayor and the City Council that the City Managerbehereby authorized to contract with David Julian, a qualified real estate appraiser, at anagreed fee of $350.00 for the appraisa!of the value of the parcels set out in Section 4 above. PASSED AND APPROVED this the 26th day of July, 1983. E.V. RIDI.Rh/IBER, Mayor ATTEST: W~LTER S. DODSON, C~lty Clerk I / ~qoz = ~'| // .~1/99£'1 , ££6 - % ................ ~0; d 'F~ '70A