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Res 054-97 3/18/1997RESOLUTION NO. `t -� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS; APPROVING THE SALE OF CERTAIN CITY PROPERTY OUT OF THE J.A. KEW ADDITION, IRRIGATION SUBDIVISION, CHEROKEE COUNTY SCHOOL LAND ADDITION, AND AUTHORIZING A DECLARATION OF COVENANTS FOR CITY PROPERTY OUT OF THE JOSEPH A. KEW ADDITION AND KEW AND NEWBY SUBDIVISION OF CHEROKEE COUNTY SCHOOL LAND; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the City of Wichita Falls owns certain property in the Joseph A. Kemp Addition, the Irrigation Subdivision, and the Cherokee County School Land Addition to the City of Wichita Falls; and, WHEREAS, the City of Wichita Falls has received a request from Continental VAV, Inc., to purchase a portion of the property and to execute a Declaration of Covenants on a portion of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. As authorized by Chapter 272 of the Local Government Code, the City of Wichita Falls shall sell the following described excess property located in Wichita Falls, Wichita County, Texas: TRACT I A 3.88 acre tract out of Block 1, Irrigation Subdivision of the John A. Scott Survey, No. 10, Abstract 302, Wichita County, Texas, as recorded in volume 4, Page 36, of the Wichita County Plat Records and described by metes and bounds as follows: BEGINNING at the Northeast corner of Lot 43, Block 1, of the Irrigation Subdivision as recorded in Volume 26, Page 50, of the Wichita County Plat Records; THENCE East with the North line of Block 1, Irrigation Subdivision a distance of 573.2 feet to the Northwest corner of a tract of land conveyed to Texas Electric Service Company, in Volume 477, Page 251 of the Wichita County Deed Records, for the Northeast corner of this tract; THENCE South a distance of 294.86 feet to an ell corner of said Texas Electric Service Company tract for the Southeast corner of this tract; THENCE West with a North line of said Texas Electric Service Company tract, a distance of 573.2 feet to the Southeast corner of said Lot 43, Block 1, for the Southwest corner of this tract; THENCE North with the East line of said Lot 43, Block 1, a distance of 294.86 feet to the Place of Beginning and containing 3.88 acres of land. This description was prepared from records and not based on an on -the- ground survey. TRACT II A 2.58 acre tract of land out of Block 9, Kemp and Newby Subdivision of Cherokee County School Land, Wichita County, Texas, and described by metes and bounds as follows: BEGINNING at the Northwest corner of Block 9, Kemp and Newby Subdivision of Cherokee County School Land; THENCE South 89' 06' East, with the North line of said Block 9, a distance of 391.0 feet to a point in the West line of the 260.0 foot wide right -of -way of Holliday Creek; THENCE South 35* 23' West, with the West right -of -way line of Holliday Creek a distance of 691.70 feet to a point in the West line of said Block 9; THENCE North 00° 57' East, with the West line of said Block 9, a distance of 575.14 feet to the Place of Beginning and containing 2.58 acres of land. This description was prepared from records and not based on an on -the- ground survey. TRACT III BEGINNING at a point which is the intersection of the South right -of -way line of East Scott Street and the West right -of -way line of Denison Avenue; THENCE leaving said South right -of -way line of East Scott Street and following the said West right- of-way line of Denison Avenue, South 01' 02' 07" West, 509.08 feet to a point, said point being the North right -of -way line of San Antonio Street, a previously dedicated street to the City of Wichita Falls, Texas, and the PLACE OF BEGINNING; THENCE continuing along said West right -of -way line of Denison Avenue, South 01* 02' 07" West, 60.00 feet to a point, said point being in the West right -of -way of said Denison Avenue, the South right -of -way line of San Antonio Street, and the Northeast corner of Lot 7, Block 36, of the Joseph A. Kemp Addition; THENCE leaving said West right -of -way line of Denison Avenue and following along the said South right -of -way line of San Antonio Street, North 88* 41' 42" West, 350.00 feet to a point, said point being in the said South right -of -way line of San Antonio Street, the Northwest corner of Lot 1, Block 36, of the Joseph A. Kemp Addition, and the East right -of -way line of Texas Avenue; THENCE leaving said South right -of -way line of San Antonio Street and following along the East right -of -way line of said Texas Avenue, South 01' 18' 18" West, 95.69 feet to a point, said point being the Southwest comer of Lot 1, Block 36, of the Joseph A. Kemp Addition; THENCE North 890 04' 24" West, 60.00 feet to a point, said point being the Southeast corner of Lot 7, Block 37, of the Joseph A. Kemp Addition and the West right -of -way line of Texas Avenue; THENCE following said West right -of -way line of Texas Avenue, North 01" 18' 18" East, 96.08 feet to a point, said point being the intersection of San Antonio Street and Texas Avenue and the Northeast corner of said Lot 7, Block 37; THENCE North 88° 41' 42" West, 350.00 feet along said South right -of -way line of San Antonio Street to a point, said point being the most westerly Southwest corner of this tract; THENCE North 010 18' 18" East, 60.00 feet to the North right -of -way line of San Antonio Street; THENCE South 880 41' 42" East, 760.00 feet to a point, said point being the intersection of the North right -of -way line of San Antonio Street and Denison Avenue, the PLACE OF BEGINNING and containing 1.18 acres of land, more or less. The City of Wichita Falls hereby retains a Utility Easement in, over and across this tract. SECTION 2. The Mayor is hereby authorized to execute the attached Industrial Solid Waste Certification of Remediation and Declaration of Covenants on Real Property on behalf of the City of Wichita Falls, and is further authorized to execute the attached Special Warranty Deed on behalf of the City of Wichita Falls. SECTION 3. It is hereby found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND "PROVED this the 18th day of March, 1997. ATTEST: �yity CIA M A Y -/ 0 )— R