Res 127-96 8/20/1996RESOLUTION NO. tL 1-4(o
RESOLUTION APPROVING THE SALE OF EXCESS CITY
PROPERTY AT THE REAR OF ROSEMONT CEMETERY AND
AUTHORIZING THE EXECUTION OF A DEED TO CONVEY
TITLE; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls owns a 37 . 03 acre tract of land
in the 4200 block of Southwest Parkway, known as Rosemont Cemetery; and
WHEREAS, it has been determined that the 13 .512 acre rear portion
of the tract will not be needed for cemetery purposes .
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 :
A 13 .512 acre tract out of Block 27, Denton County School Lands,
Abstract No. 58 . Said tract is to be sold to Jack G. McCulloch, the
adjacent owner, for the fair market value of $33, 780 . 00 .
SECTION 2 . The Mayor is hereby authorized to execute the attached
special warranty deed on behalf of the City of Wichita Falls.
SECTION 3 . It is hereby officially found and determined that the
meeting at which this resolution was passed was open to the public as
required by law.
PASSED AND APPROVED this the 20th day of August 1996 .
44apz
ATTEST:
EICAlL_DCityClerk
mw
SPECIAL WARRANTY DEED
STATE OF TEXAS S
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA S
THAT the City of Wichita Falls, Wichita County, Texas, acting
herein by its Mayor, Kathryn A. Yeager, as authorized by Resolution
No.Ia7-9% , dated August 20, 1996, for and in consideration of the sum of
Thirty-three Thousand Seven Hundred Eighty and No/100 ($33, 780 .00)
Dollars, receipt of which is hereby acknowledged, has granted, sold,
and conveyed, and by these presents does grant, sell, and convey unto
Jack G. McCulloch, 4116 Call Field Road, Wichita Falls, Texas 76308,
all that certain tract or parcel of land lying in Wichita County,
Texas, described as follows :
FIELD NOTES of a tract of land out of Block No. 27, Denton
County School Land, League No. 1, A-58, Wichita County,
Texas :
BEGINNING at an iron rod found in the East line of Block 27,
Denton County School Land, League No. 1, Abstract No. 58,
Wichita County, Texas, as recorded in Volume 4, Page 27,
Wichita County Plat Records, said point bears S 00°01' 30" W
1093 .17 feet from the Northeast corner of said Block No. 26,
for the Northeast corner and PLACE OF BEGINNING of this
description;
THENCE S 00°01' 30" W along the said East line of Block 26, a
distance of 1255 .15 feet to an iron rod with an aluminum cap
found in said line for the Southeast corner of this tract
from which an old 2" angle iron bears North 12 .7 feet, and a
Corp of Engineers monument on dam bears S 14°41'W 120 .48
feet;
THENCE leaving said East line of Block 27, N 59°21' W a
distance of 155 .42 feet to an iron rod set for the Southwest
corner of this tract;
THENCE N 31°36' 37" W a distance of 1381 .24 feet to an iron
rod set for the Northwest corner of this tract;
THENCE S 89°58' 30" E a distance of 858 .24 feet to the PLACE
OF BEGINNING and containing 13 .512 acres (588, 572 square
feet) of land.
TO HAVE AND TO HOLD the above described premises, together with
all and singular the rights and appurtenances thereto in anywise
belonging, unto the said Jack G. McCulloch, his heirs, successors and
assigns forever.
The City of Wichita Falls does hereby bind itself anditssuccessorsandassignstoWarrantandForeverDefendalland
singular the said premises unto the said Jack G. McCulloch, his heirs,successors, and assigns, against everyclaimingortoclaimthesame, or an
person whomsoever, lawfullyunderit, but not otherwise. Y part thereof, by, through or
This conveyance is made and accepted subject to all valid andsubsistingrestrictions, reservations, covenants, conditions, right-of-way, and easements properly of record, if any; affecting the abovedescribedproperty.
IN WITNESS WHEREOF, the City of Wichita Falls has caused these
presents to be executed by its duly authorized Mayor on this thedayofAugust, 1996 .
ATTEST:
City of Wichita Falls, Texas
Cit Cler B Q, , J.
Kat A. eater
i(APPROVED AS TO FORM:
4r110
City Attr y
STATE OF TEXAS SCOUNTYOFWICHITAS
BEFORE ME, the undersigned authority,the State of Texas, on this day
a Notary Public in and forMayoroftheCityofWichitaFalls, Texas
pae
municipalknowntometobethepersonandofficerwhosenameis
Kathryn A Yeager,
corporation,the foregoing document, and acknowledged to me that she executeddthe
tosameforthesaidCityofWichitaFalls, Texas, for purposes and
consideration therein expressed, and in the capacity therein stated.GIVEN UNDER MY HAND AND SEAL OF OFFICE this the Q day of
August, 1996.
P u.Q % Lim
NotaryrY Public, S 4 e of Texas
4.: RONALD P.GONZALES
Notary Public,State of Texas
by Commission Expires May 17,2000
IL