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Res 132-85 9/24/1985RESOLUTION NO. 132-85 RESOLUTION APPROVING INTERLOCAL COOPERATION AGREEMENT WITH WICHITA COUNTY CONCERNING CONVEYANCE OF LAND TO CITY FOR HOLLIDAY CREEK FLOOD DRAINAGE PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS , TEXAS , THAT: That certain Interlocal Cooperation Agreement, a copy of which is attached hereto, between the City of Wichita Falls and Wichita County, whereby the County will convey certain tracts of land to the City to be used for the construction of the Holliday Creek Flood Drainage Project, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls . PASSED AND APPROVED this the 24th day of September, 1985 . 4"; orke- ATTEST:M A Y O R 7 Cit Clerk INTERLOCAL COOPERATION AGREEMENT THE STATE OF TEXAS X COUNTY OF WICHITA X This Interlocal Cooperation Agreement made and entered into this the day of 1985, between the City of Wichita Falls, Texas, hereinafter called "City" , and the County of Wichita, Texas, hereinafter called "County" , WITNESSETH: WHEREAS, City is commencing the construction of a flood drainage project, which includes the construction of a new channel for Holliday Creek; and, WHEREAS, County owns an interest in certain parcels of land, which are described on Exhibit A, attached hereto, and the plans for the flood drainage project call for the location of the new creek channel across such parcels; and, WHEREAS, the construction of this flood drainage project will alleviate flooding conditions which have plagued the City for decades, and have caused losses of life, health and property in the past, and continue to threaten the lives, health and safety of persons and property in the City . NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the parties hereto do hereby agree as follows: County shall execute a deed conveying to City the parcels of land shown on Exhibit A. City will maintain and use this land for flood control purposes, and it shall always be used by City for public purposes . If in the future City should determine that part of such land is surplus and not needed for flood control purposes, City may, with the concurrence of County, sell such surplus land, and pay over to County its proportionate part of the consideration received therefor. 1 r IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the date set out above . CITY OF WICHITA FALLS, TEXAS By: City Manager ATTEST: City Clerk COUNTY OF WICHITA, TEXAS By: County Judge ATTEST: County Clerk 2 - I Parcel A w 3 Being a part of Block 9 , Cherokee County School Lands, Wichita County, Texas, and being a portion of Tract One described in a sheriff 's deed to Wichita County, Trustee, from Virgil T . Stone, defendant, and recorded in Volume 948, Page 343 of the Deed Records of Wichita County, Texas; also being the same tract described as follows in a warranty deed from Aubrey Wright to Virgil .T . Stone and recorded in Volume 529 , Page 405 of the Deed Records of Wichita County: BEGINNING at the Northeast corner of J. A. Scott Survey, Section 10 , which is also the Northwest corner of Block 9 , Cherokee County School Lands; THENCE East with the South line of J . A. Scott Survey, Section 11, 548 feet to a stake for the Southeast corner of the Southwest quarter of said Section 11; THENCE South with the West line of Southside Acres to a point approximately 150 feet where the line intercepts the center of the Holliday Creek Channel after it merges into the old Holliday Creek Channel; THENCE Southwest to a point where the center of the Holliday Creek Channel intersects the center of the old channel; following the center of the old channel in a North and Northwesterly direction to a point where the old channel intersects the west line of Block 1, J. A. Scott Survey 10 , which is also the East line of Block 9 , Cherokee County School Lands; THENCE North with the said boundary line to the PLACE OF BEGINNING, and containing 2 .5 acres, more or less . Parcel B Being a part of Block 9 , Cherokee County School Lands, Wichita County, Texas, and also being a portion of Tract One in the aforementioned described sheriff 's deed in Parcel A; this parcel being the same property described as follows in a warranty deed from Aubrey Wright to Virgil T. Stone and recorded in Volume 489 , Page 377 of the deed records of Wichita County : BEGINNING at a point where the West boundary line of Block 9 , Cherokee County School Lands crosses the center of the Holliday Creek Channel; THENCE North with the boundary line approximately 950 feet to a point where said line intersects with the center of the old Holliday Creek Channel; THENCE with the center of the old creek channel with its meanderings in a South and Southeasterly direction to a point where the Holliday Creek Channel crosses the center of the old creek channel for a corner; THENCE Southwest approximately 600 feet to the center of the Holliday Creek Channel to the PLACE OF BEGINNING and containing 2 .6 acres, more or less . Parcel C Being all of Lots 1 through 9, Block 35, Kemp Addition, Wichita Falls, Wichita County, Texas, and described as Tract Three in the sheriff 's deed to Wichita County, Trustee, from Virgil T. Stone, defendant, and recorded in Volume 948 , Page 343 of the Deed Records of Wichita County, EXHIBIT A Texas .