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Ord 62-2002 8/6/2002 ORDINANCE NO. ORDINANCE CLOSING, VACATING, AND ABANDONING APPROXIMATELY A 2.2-FOOT WIDE BY 36.9-FOOT LONG AND A 1.6- FOOT WIDE BY 36.8-FOOT LONG PORTION OF A 7.5-FOOT WIDE UTILITY EASEMENT LOCATED AT 5111 AND 5114 LAKE WELLINGTON PARKWAY, WICHITA FALLS, WICHITA COUNTY, TEXAS; ALSO KNOWN AS LOT 4, BLOCK 8, AND LOT 12, BLOCK 11, LAKE WELLINGTON ESTATES PHASE 5; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the current property owner has requested the closure of a portion of a utility easement at 5111 and 5114 Lake Wellington Parkway due to the construction of two homes built by the current owner/builder and located in the easement; and WHEREAS, all affected utility companies have been contacted and have approved or conditionally approved of this closure; and WHEREAS, the City Council of the City of Wichita Falls, Texas deems it advisable and in the public interest to close, vacate, and abandon that portion of the easement hereinafter described subject to the filing of a final re-plat within ninety days of the date of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. That the portion of the 7.5-foot wide utility easement currently encroached upon and dedicated on the plat of Lot 4, Block 8, Lake Wellington Estate Phase 5 and Lot 12, Block 11, Lake Wellington Estate Phase 5, an addition to the City of Wichita Falls, is hereby closed, abandoned and vacated. Said easement is shown as the shaded area on the attached maps, incorporated in this ordinance as Attachments "1" and "2". SECTION 2. That in consideration of the receipt of three hundred thirty six dollars ($336.00), this ordinance shall authorize the City Manager to execute a quit claim deed for the City's interest in the property. The deed shall be executed conditioned upon the property owners filing an approved re-plat of the property in the records of the Wichita County Clerk. This filing shall occur within ninety (90) days of the date of approval of this ordinance. This ordinance shall be void and have no effect if said re-plat is not approved and filed within the stipulated time period. ■ • SECTION 3. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 6th day of August 2002. /-PA ,, MAYOR ATTEST: hoikcbThudaN City Clerk