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Res 122-83 7/5/1983RESOLUTION NO. f W RESOLUTION ACCEPTING BID OF SACRED HEART CEMETERY FOR PURCHASE OF 2 .54 ACRES OF LAND BOUNDED BY KESSLER, SANTA FE AND KENESAW, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A DEED. WHEREAS, by Resolution No . 84-83 , the City Council authorized the advertising for bids for sale of the hereinafter 2 .54 acres of land in Wichita Falls; and, WHEREAS, the City published a notice that the land was offered for sale, as required by Article 5421c-12, Revised Civil Statutes of Texas; two bids were received, and the bid of Sacred Heart Cemetery in the sum of $50 , 000 .00 was the highest and best bid. NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Said bid of Sacred Heart Cemetery in the sum of $50, 000 .00 is hereby accepted, and the City Manager is authorized to execute a deed with special warranty for the City of Wichita Falls to Sacred Heart Cemetery. The deed shall provide that the Second Tract is subject to the restrictive covenant contained in the deed from Westmoreland Park Company, dated February 12, 1927, and recorded in Volume 274 , Page 398 , Wichita County Deed Records . The deed shall contain a condition that no use shall be made of the property other than single family, one-story duplex or triplex residential use or open space use, such as cemetery. Said land is bounded by Kessler, Santa Fe and Kenesaw Streets in Wichita Falls, and is described as follows: FIRST TRACT: 1 .94 acres of land out of the L. Kertz Subdivision of blocks C & D, Fairview Addition to the City of Wichita Falls, said 1 .94 acre tract being described by metes and bounds as follows : Beginning 30 feet north 89° 52 ' West of the northeast corner of Block C, Fairview Addition to the City of Wichita Falls, Texas, GC & SFRR Abstract 257, for the northeast corner of this tract; thence south along a line, the east line of this tract, 350 feet to the north line of Kenesaw Avenue, a stake, same being the south- east corner of this tract; thence along the north line of Kenesaw Avenue, a bearing of north 89° 52 ' West, a distance of 159 .2 feet, a stake, the southwest corner of this tract, also a point in the east line of a 20 foot alley; thence along the east line of the 20 foot alley and the east line of Lot 1, as shown by the Plat of Record by Mr . L. Kertz, a bearing of north 25° 9 ' West, 367 .2 feet to the northwest corner of this tract, a stake; thence south 89° 52 ' East, 323 .7 feet to the place of beginning, containing 1 .94 acres of land . SECOND TRACT: Block 7, First Section, of the Westmoreland Park Addition to the City of Wichita Falls, Texas, according to the Plat of said addition recorded in Volume 3 at Page 74 of the Plat Records of Wichita County, Texas . PASSED AND APPROVED this the 5th day of July, 1983 . O R ATTEST: City Clerk