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Res 154-96 10/15/1996RESOLUTION NO. I-.) - k RESOLUTION APPROVING THE SALE OF EXCESS CITY PROPERTY ON STATE HIGHWAY 79 AND AUTHORIZING THE EXECUTION OF A DEED TO CONVEY TITLE. WHEREAS, the City of Wichita Falls owns a 0 .48 acre tract out of the Harvey Cox Survey, A-67, Archer County, Texas; and WHEREAS, it has been determined that this tract of land will not be needed for the construction of an earthen dike for Lake Wichita or for any other City purpose . 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 Archer County, Texas : A 0 .48 acre tract, more or less, out of the Harvey Cox Survey, A- 67, as fully described in a deed filed in Volume 501, Page 249 of the deed records of Archer County, Texas . Said tract is to be sold to Dennis Simco and wife, Linda Simco, the adjacent owners, for the fair market value of $2, 400 . 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 15th day of October 1996 . A Y 0 ATTEST: 1 1 City perk SPECIAL WARRANTY DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA § THAT the City of Wichita Falls, Wichita County, Texas, acting herein by its Mayor, Kathryn A. Yeager, as authorized by Resolution No. dated October 15, 1996, for and in consideration of the sum of Two Thousand Four Hundred and No/100 ($2 , 400 . 00) Dollars, receipt of which is hereby acknowledged, has granted, sold, and conveyed, and by these presents does grant, sell, and convey unto Dennis Simco and wife, Linda Simco, #39 Edgewater, Lakeside City, Texas 76308, all that certain tract or parcel lying in Archer County, Texas, described as follows : A tract of land out of the Harvey Cox Survey, A-67, Archer County, Texas, said tract being more specifically described by metes and bounds as follows : BEGINNING at a 1/2 inch iron rod lying in the East line of a 20 foot alley in Block 6, Archer Heights, an addition to the City of Lakeside City, said iron rod bears North 38°19' 57" East 32 . 75 feet from the Northeast corner of Lot 13 , of said Block 6, Archer Heights, said iron rod being the most westerly Northwest corner and place of beginning of this description; THENCE North 29°33 ' 10" East 34 . 82 feet to a 1/2 inch iron being the most northerly Northwest corner of this tract; THENCE North 49°49' 07" East 138 .58 feet to a 1/2 inch iron rod being the most northerly Northeast corner of this tract; THENCE South 60°26' 50" East 50 . 00 feet to a 1/2 inch iron rod being the most easterly Northeast corner of this tract; THENCE South 29°33 ' 10" West 66 . 13 feet to a 1/2 inch iron rod for corner; THENCE South 69°04' 53" West 20 .41 feet to a 1/2 inch iron rod for corner; THENCE South 20°55' 07" East 16 . 85 feet to a 1/2 inch iron rod for corner; THENCE South 29°33 ' 10" West 204 .40 feet to a 1/2 inch iron rod being the Southeast corner of this tract; THENCE North 60°26' 50" West 25 . 16 feet to a 1/2 inch iron rod lying in said East line of a 20 foot alley, said iron rod being the Southwest corner of this tract; THENCE along said East line of a 20 foot alley, North 00°41' 39" East 150 . 92 feet to the place of beginning and containing 0 .48 acre of land, more or less . 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 Dennis Simco and wife, Linda Simco, their heirs, successors and assigns forever. The City of Wichita Falls does hereby bind itself and its successors and assigns to Warrant and Forever Defend all and singular the said premises unto the said Dennis Simco and wife, Linda Simco, their heirs, successors, and assigns, against every person whomsoever, lawfully claiming or to claim the same, or any part thereof, by, through or under it, but not otherwise . This conveyance is made and accepted subject to all valid and subsisting restrictions, reservations, covenants, conditions, right-of- way, and easements properly of record, if any, affecting the above described property. IN WITNESS WHEREOF, the City of Wichita Falls has caused these presents to be executed by its duly authorized Mayor on this the IS— day of October, 1996 . ATTEST: City of Wichita Falls, Texas U 1(4(.0 11 Va By: Clerk Kathryi. Ye er APPROVED AS TO FORM: City Attorney STATE OF TEXAS COUNTY OF WICHITA § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Kathryn A. Yeager, Mayor of the City of Wichita Falls, Texas, a municipal corporation, known to me to be the P erson and officer whose name is subscribed to the foregoing document, and acknowledged to me that she executed the same for the said City of Wichita Falls, Texas, for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of October, 1996 . Notary Public, State of Texas