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Res 1033 2/3/1970RESOLUTION NO. /033 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 for this project; and, WHEREAS, the whole of the ten parcels hereinafter described were acquired and paid for, at the appraised value of $73,700.00, 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 70,960.00 for those portions of the ten parcels described that are requir- ed 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 total approved values of these parcels as soon as deeds thereto from the City to the State of Texas have been delivered and recorded. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Mayor, 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 those 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 202, 203, 250, 296, 329, 364, 368, 385, 463, and 529, 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 Seventy Thousand Nine Hundred Sixty 70,960.00) Dollars of the said property under the terms of the above mentioned contract. Such deeds shall reserve all of the oil, gas and sul- phur under the lands conveyed, but waive all rights of ingress and egress to the surface thereof for the purpose of exploring, developing, mining, or drilling for same ; however, the State shall have the right to take and use 2 - all other minerals and materials thereon, therein, and thereunder. Such deeds shall contain a general warranty. The City Manager is further authorized to sell, through competitive bidding, the remainder of parcels 202, 203, 296, 329, 364, 463, and 529. PASSED AND APPROVED THIS THE 3rd DAY OF FEBRUARY, 1970. MAYOR ATTEST: City Clerk L