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Res 012-94 2/1/1994RESOLUTION NO. } ;L^G LI A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, ABANDONING A PORTION OF A UTILITY EASEMENT IN CIMARRON SUBDIVISION; AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the residence at 4834 Tortuga Trail was inadvertently constructed on an 80-square foot portion of the utility easement at the rear of the property; and, WHEREAS, a request has now been submitted to abandon that portion of the easement in order to clear the title. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. In consideration of the receipt of $80.00 and other valuable considerations, the Mayor is hereby authorized to execute a quit claim deed to Jeffrey A. Nelson and wife, Beth A. Nelson, the owners of 4834 Tortuga Trail, conveying an 80-square foot portion of the utility easement, which is further described by the attached quit claim deed, the same made a part hereof. SECTION 4. 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 1st day of February, 1994. Aarop M A Y O R ATTEST: 1T)Ak.co ty Clerk QWIT CLAIM DEED STATE OF TEXAS S KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA S THAT the City of Wichita Falls, Texas, a municipal corporation, hereinafter called Grantor, acting by and through its duly authorized Mayor, for and in consideration of the sum of Eighty and No/100 ($80.00) Dollars and other good and valuable consideration, in hand paid by Jeffrey A. Nelson and wife, Beth A. Nelson, 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 Lot 36A, Cimarron Subdivision Villa Colina, " as recorded in Volume 26, Pages 671 and 672, Wichita County plat records, an addition to the City of Wichita Falls, Wichita County, Texas, and being more specifically described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod lying in the South right-of-way line of Tortuga Trail, said iron rod being the Northwest corner of said Lot 36A; THENCE along the West line of said Lot 36A, South 04° 56' 10" West a distance of 146.06 feet to a point; THENCE leaving the West line of said Lot 36A, South 85° 03' 50" East a distance of 32.0 feet to a point, said point being the Northwest corner and Place of Beginning of this description; THENCE South 85° 03' 50" East a distance of 8.0 feet to a point for the Northeast corner of this description; THENCE South 04° 56' 10" West a distance of 10. 0 feet to a point for the Southeast corner of this description; THENCE North 85° 03' 50" West a distance of 8. 0 feet to a point for the Southwest corner of this description; THENCE North 04° 56' 10" East a distance of 10.0 feet to the Place of Beginning, containing 80 square feet, more or less. 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, Texas, has caused this instrument to be executed by its Mayor this the day of February, 1994. City o 'ich' - . ls, .exas I By: Michael Lam, Mayor STATE OF TEXAS S COUNTY OF WICHITA S 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 said City of Wichita Falls, 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 February, 1994. Notary Public, State of Texas