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Ord 43-2011 8/16/2011ORDINANCE NO. 43 -2011 Ordinance Closing and Abandoning An Approximately 8,000 Square Foot Alley Behind 2515 Kemp Avenue, Subject To The Retention Or Dedication And Relocation Of All Utilities And Easements In The Alley WHEREAS, Richard Boyd, with Corlett, Probst, and Boyd LLP, on behalf of the owners of 2515 Kemp Avenue, has requested the City close, vacate and abandon the alley located behind said property between Kemp and Fillmore and Avenue Q and Avenue O; and WHEREAS, all affected utility companies and City departments have reviewed this request and have recommended conditional approval to close, abandon, and vacate this alley, subject to retention of the utility easements or dedication of new easements with relocation of all the utilities therein; and WHEREAS, it has been determined to be in the best public interest to close, vacate, and abandon said alley as herein indicated on the attached Location Map and Exhibit "A." NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The alley located behind 2515 Kemp Avenue, as described above and as depicted in the attached Location Map and Exhibit "A," consisting of approximately 8,000 square feet, is hereby closed, abandoned, and vacated, subject to compliance with the following conditions (to be conducted entirely by third parties at no expense to the City): a. all existing Public Works utilities service to properties not part of this parcel being rerouted along the public right -of -way of Avenue O, and termination of residential occupancy of the residential properties at 2512 and 2514 Kemp Avenue (including termination of solid waste service in the alley), within 36 months after the date of this action, and maintenance of said non - residential occupancy thereafter. b. the maintenance of a utility easement in said alley or the re- location of all telecommunications services therein, as requested by AT &T. c. dedication of an additional 10 -foot utility easement inside the property line along the West right -of -way of Fillmore, as well as along the North right -of- way of Avenue Q and the relocation of all electric transmission & service out of the alley, at the private property owner's expense, within 36 months after the date of this action, as requested by Oncor. 2. In consideration of the receipt of $8,000.00 for the cost of the property, $300.00 for the cost of the appraisal and the retention or dedication and relocation of utilities and easements; this ordinance shall approve the closure of the aforementioned alley. 3. The City Manager is authorized to execute all documents necessary to memorialize the aforementioned abandonment and dedicated and retained easements. PASSED AND APPROVED this the 16th day of August, 2011. MAYOR ATTEST: City Clerk Location Map Cum6BflandAve ^Iv ? e Ava l Braum'3.rH tii w A Cream & Ra+y larlywoad pve Hollywood Ave = Avenue Nr a Avs MramiAve r9 Miami Ave f' At M f IP FJ 2515 Kemp AUe Taco Sea Tt y 92 }r• m Ave Ave 0 0 6] Gornson yd E2 5 t. 'a Food Mart 2 Ave R y c Ave R 277 82 Ras F Ginemark 14 � -f E2 $larbxks IE VV-Mr a Falls CamVidge At Ginemark 14 _ e Papa Johns -- Pura ° { Ave p Parker Square � *,Al MWN ShORMA b KW J02011 Google - Terms of Use - Edit in Gooqle Map Maker FReK Exhibit "A"