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Ord 09-2006 2/7/2006 ORDINANCE NO. ��7'x��lt1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CLOSING, ABANDONING, AND VACATING A PORTION OF A SEWER EASEMENT AROUND THE OLD MAIN FROM THE STATE HOSPITAL WHICH WILL BE REPLACED BY NEW EASEMENTS PREPARED FOR THE NEWLY INSTALLED LINES WHICH ARE SIGNIFICANTLY LARGER THAN THE EASEMENT TO BE VACATED; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, Cornerstone Engineering, LLP has requested on behalf of Stone Lake, LLC to close, abandon, and vacate 0.435 acres of a sewer easement and lines around the old sewer main from the State Hospital as indicated in Attachments A& B; and WHEREAS, all affected City departments have reviewed this request and have recommended approval of this closure; and WHEREAS, the new easements, totaling 1.474 acres, have already been filed in Vol. 2834, Page 605 and Vol. 2834, Page 610, (Easement Number 1), of the Official Public Records of Wichita County, and are considerably larger than the easement area to be vacated (any compensation required by the City has already been satisfied); and WHEREAS, The City Council of Wichita Falls, Texas deems it advisable and in the best public interest to close, vacate, and abandon that portion of the sewer easement herein indicated in "Attachment A". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. A Portion of an easement granted in Vol. 1467, Page 323, of the Wichita County Deed Records, being described as Area 1, being 0.394 acres and Area 2, being 0.04 acres, a sewer easement around the old sewer main from the State Hospital, as depicted on the attached map labeled Attachment "A", and further described by metes and bounds in Attachment "B", said attachments being made a part of this ordinance, is hereby closed, abandoned, and vacated. SECTION 2. Stone Lake, LLC is hereby authorized to remove any old pipe, manholes, and appurtenances located within the portion of the sewer easement closed, abandoned, and vacated in Section 1 of this ordinance. 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 7th day of February, 2006. MAYOR ATTEST: . ity Clerk ATTACHMENT "A" � �� - Vd. 7. POS. 33. W.C.P.R. ciiR S8 '3 E 782.81' ---- �,. -- ---�--- . ''�i. 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ATTACHMENT "B" EASEMENT AREAS TO BE VACATED AREA 1: A portion of that 10-foot wide Sanitary Sewer Easement out of Block 1, Kemp & Newby Subdivision of the Cherokee County School Lands, Wichita County, Texas, having been previously granted to the City of Wichita Falls in Volume 1467, Page 323, Wichita County Deed Records, said easement being five feet either side of the following described centerline: Beginning at a point in the east line of the tract conveyed to the Wichita Falls State Hospital in Volume 95, Page 193, Wichita County Deed Records, said point is called to be 3212 feet South of the northwest corner of said Block 1; Thence South 79°30' 00" East 7.09 feet to the center of an existing manhole; Thence North 41 °50'19" East 465.95 feet to the center of an existing manhole; Thence North 25°10'08" East 504.74 feet to the center of an existing manhole; and Thence North 63°54'41" East 739.16 feet to the center of an existing manhole and containing 0.394 acre of land more or less. Area Two: A portion of that Sanitary Sewer Easement out of Block 1, Kemp & Newby Subdivision of the Cherokee County School Lands, Wichita County, Texas, having been previously granted to the City of Wichita Falls in Volume 1467, Page 323, Wichita County Deed Records, to the extent that this easement affects Lots 29 and 30, Stone Lake Estates, Phase 2, an addition to the City of Wichita Falls as recorded in Volume 27, Pages 1203 and 1204, Wichita County Plat Records.