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Ord 56-2011 9/20/2011ORDINANCE NO. 56 -2011 Ordinance Closing, Abandoning, And Vacating An Alley Between Lot 9 And Lot 10 of Block 12, Country Club Estates, Wichita County, Wichita Falls, Texas, Which Consists Of Approximately 5,470 Square Feet Between 2110 and 2120 Speedway WHEREAS, Richard Boyd, with Corlett, Probst, and Boyd LLP, on behalf of the Arts Council Wichita Falls Area, Inc., d /b /a Kemp Center For The Arts, owner of 2110 and 2120 Speedway, has requested the City close, vacate and abandon the alley located between the two properties as indicated on the attached Location Map and Exhibit "A "; WHEREAS, affected utility companies and City departments reviewed this request and recommended conditional approval to close, abandon, and vacate this alley, subject to retention of a drainage /utility easement the width of the alley, and City Council has determined it is in the best public interest to close, vacate, and abandon said alley. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: 1. The alley located between 2110 and 2120 Speedway, as described above and as depicted in the attached Location Map and Exhibit "A ", consisting of approximately 5,470 square feet more or less, is hereby closed, abandoned, and vacated, subject to compliance with the following conditions: a. retention of the entire alley area as a drainage /utility easement due to 24" RCP storm drain in the alley as requested per the Department of Public Works, and b. the adjacent property owner's execution of a License to Encroach agreement for the covered canopy extending over the easement to the parking lot. 2. In consideration of the receipt of $5,470.00 for the cost of the property and $300.00 for the cost of the appraisal, 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 201h day of September, 2011. MAYOR ATTEST: City Clerk LOCATION MAP