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Res 1239 11/2/1971RESOLUTION //1.$f WHEREAS, the City of Wichita Falls and the Texas State Highway Depart- ment are co-operating in the construction of F.W.D.R.R. Relocation,Project 52-087, under the 1967 Capital Improvements Program of the City of Wichita Falls; and , WHEREAS, the City of Wichita Falls , Texas and the Texas State High- way Department entered into a contractual Agreement dated January 31, 1968 wherein the State and the City will participate equally in the right-of-way and utility adjustments required for the F.W.D.R.R. Relocation Project; and, WHEREAS, the said proposed F.W.D.R.R. Relocation, Project 52-087 crosses the oil and gas leases owned individually by the West Oil Company Vinson-Clark Oil Company; and , WHEREAS, adjustments will have to be made to the oil production facilities on these leases to allow the construction of the proposed F.W.D. R.R. Relocation Project; and , WHEREAS, the West Oil Company and the Vinson-Clark Oil. Company have prior easements for these oil production facilities by virtue of these oil and gas leases; and, WHEREAS, these surface easement rights on the West Oil Company lease have been appraised by an independent appraiser employed for this purpose by the City of Wichita Falls, and the estimated costs of adjustment of the oil production facilities on the Vinson and Clark lease have been approved by the Texas State Highway Department, and the amount of the appraisal and the estimated costs have been studied by the Board of Aldermen, and copies are now in the possession of the Director of Public Works and/or Assistant City Manager. WHEREAS, the Texas State Highway Department will reimburse the City in an amount equal to fifty percent (50%) of the actual cost of these Sub- ordination of Mineral Leases. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS , TEXAS, THAT: Section No. 1 The surface easement rights to be purchased by Subordination of Mineral Lease are the following tracts: F.W.D.R.R. Relocation--Project 52-087 Property 16.22 acres out of the Robert Evans Survey, Abstract No. 74 and the J. Dillon Survey, Abstract No. 353 in Wichita County, Texas. 9.78 acres out of Blocks 4,5,8 and 9, League 1, D.C.S.L. Survey in Wichita County, Texas Combined total of values approved in this resolution----$6,565.00 Section No. 2 The values of such properties are hereby approved and the City Manager is hereby authorized to purchase in the name of the City of Wichita Falls and/or Ft. Worth and Denver R.R. Company, by Sub- ordination of Mineral Lease , on such tracts of land as shown on the project right-of-way map. The authorized price to be paid for the subordination on each tract is the value as determined from appraisal made by the independent real estate appraiser employed by the City of Wichita Falls or estimates of cost approved by the Texas State Highway Department. Section No. 3 In the event the City Manager is unable to purchase the Subordination of Mineral. Lease on any such tract for such values, he is hereby authorized and directed to cause to be instituted condemnation pro- ceedings to obtain the surface easement rights on such tracts in the name of the Fort Worth and Denver Railroad Company and/or City of Wichita Falls. PASSED AND APPROVED THIS THE ,,g7zt,/ DAY OF - 1971. MAYOR ATTEST: 0 i City Clerk