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Res 1161 3/2/1971RESOLUTION NO. ///4// WHEREAS, the City of Wichita Falls and the Texas Highway Department are co-operating in the construction of Kell Freeway, Project 52-071, under the 1967 Capital Improvements Program of the City of Wichita Falls; and, WHEREAS, by contract signed January 31st, 1968, the City and the Texas Highway Department agreed that they would share equally in the cost of the right-of-way and utility adjustments for this project; and, WHEREAS, the whole of the parcels hereinafter described were acquired and paid for, at the appraised value of $110,250.00 by the City of Wichita Falls during the hardship phase of right-of-way acquisition. WHEREAS, the Texas Highway Department has approved a value of 109,200.00 for the portions of the parcels that are required for right-of- way for the Kell Freeway Project. WHEREAS, the Texas Highway Department will reimburse the City in an amount equal to fifty percent (50%) of the approved values of those portions of these parcels required for right-of-way for the Kell Freeway project as soon as a deed thereto from the City to the State of Texas has been delivered and recorded. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager, acting for and in behalf of the City of Wichita Falls, is hereby authorized and directed to execute deeds conveying unto the State of Texas these portions required for right-of-way for the Kell Project of the following tracts or parcels of land situated in Wichita County, Texas, to-wit: Parcels 176, 231, 273 and 591, all of which are specifically described in the records of this project on file in the offices of the Department of Public Works in the City of Wichita Falls. The consideration for such deeds shall be the sum of fifty percent (50%) reimbursement of the value of One Hundred Nine Thousand Two Hundred 109,200.00) Dollars for the said property under the terms of the above mentioned contract. Such deeds shall reserve all of the oil, gas and sulphur under the land conveyed, but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, 2 mining, or drilling for same; however, the State shall have the right to take and use all other minerals and materials thereon, therein, and thereunder. Such deed shall contain a general warranty. The City Manager is further authorized to sell, through competi- tive bidding, the remainder of parcel 176. PASSED AND APPROVED THIS THE 2nd DAY OF March 1971. rf:°:"Paw"4714eggla ATTEST: City Clerk II