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Res 138-95 8/15/1995RESOLUTION NO. � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AUTHORIZING THE SALE OF A PORTION OF MORROW STREET CLOSED BY ORDINANCE NO. 1630; 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 the north half of Morrow Street which was closed by Ordinance No. 1630 on January 26, 1953; and WHEREAS, a 4.6 foot wide strip of this closed street lies within the right -of -way of Kell Freeway and the remainder is excess property of which the City has no further use. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS: 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 1,247.1 square foot tract, more or less, adjoining Lot 2, Block 3, Harrison Addition. This property is to be sold to James Fontenot and wife, Lynnda Fontenot, for the fair market value of $450.00, and the Mayor is hereby authorized to execute the attached quit claim deed conveying the property on behalf of the City of Wichita Falls. SECTION 2. meeting at which requested by law. It is hereby officially found and determined that the this resolution was passed was open to the public as PASSED AND APPROVED this the ATTEST: �ity Clerk 15th day -'of ugust 199_5- ---=---- _- 0 M A Y O R QUIT CLAIM DEED STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA § THAT the City of Wichita Falls, Texas, a municipal corporation, hereinafter called Grantor, acting by and through its duly authorized Mayor, by a resolution passed and approved by the City Council of the City of Wichita Falls on August 15, 1995, for and in consideration of the sum of Four Hundred Fifty and No /100 ($450.00) Dollars and other good and valuable consideration, in hand paid by James Fontenot and wife, Lynnda Fontenot, hereinafter called Grantees, the receipt of which is herein acknowledged, has granted, sold, conveyed, released and forever quit claims unto the said Grantees, all its right, title, and interest in and to the following described real property situated in Wichita County, Texas, to wit: A tract of land out of part of Morrow Street adjoining Block 3, Harrison Addition, an Addition to the City of Wichita Falls, Wichita County, Texas, which street was closed and abandoned by City Ordinance No. 1630, dated January 26, 1953, said tract being more specifically described by metes and bounds as follows: BEGINNING at an "X" set in concrete in the south line of Kell Boulevard and being in the abandoned portion of Morrow Street, said point bears North 110.47 feet and West 150 feet of the Southeast corner of Block 3, Harrison Addition, and said °X" being the Northwest corner and PLACE OF BEGINNING of this description; THENCE along the South right -of -way line of Kell Boulevard, N 67 °5110111 E a distance of 80.98 feet to an "XII in concrete for the Northeast corner of this description; THENCE South 16.7 feet to a point in the centerline of Morrow Street, for the Southeast corner of this tract; THENCE along the centerline of Morrow Street S 67 051101" W a distance of 80.98 feet to a point for the Southwest corner of this tract; THENCE North 16.7 feet to an "XII in concrete and the PLACE OF BEGINNING containing 1247.1 square feet, more or less. As a part of this conveyance, the City of Wichita Falls does hereby abandon the blanket utility easement retained when that portion of Morrow Street described above was closed by Ordinance No. 1630 on January 26, 1953. However, the City of Wichita Falls does hereby reserve a 15 -foot wide utility easement along the centerline of Morrow Street, that portion being within the above described tract and being a strip 8.4 feet wide, lying North of and parallel to the centerline of Morrow Street. Said easement being for the purposes of laying and maintaining all manner and character of utility lines including water, gas, electric, telephone, television cable, power lines and sanitary and storm sewers. TO HAVE AND TO HOLD the above described premises, together with all and singular the appurtenances thereto, in any way belonging unto the said Grantees, their heirs, successors, and assigns. IN WITNESS WHEREOF, the City of Wichita Falls, Texas, a municipal corporation of Wichita County, Te�sas, has caused this instrument to be executed by its Mayor this the �� day of August, 1995. BY: BY: STATE OF TEXAS § COUNTY OF WICHITA § City of Wichita ,,)Texas Lam, Mayor BEFORE ME, the undersigned authority, on this day personally appeared Michael Lam, Mayor of the City of Wichita Falls, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing document, and acknowledged to me that he executed the same on behalf of the City of Wichita Falls, for the purpose and consideration herein expressed and in the capacity herein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of August, 1995. Notary Public, State of Texas