Res 093-93 7/6/1993RESOLUTION NO. '3-(73
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS AUTHORIZING THE MAYOR TO EXECUTE A PARTIAL
RELEASE OF EASEMENT ON LOT 1-A, BLOCK 72 , FAITH VILLAGE
UNIT 2; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW.
WHEREAS, by instrument dated July 15, 1946, the City of
Wichita Falls was conveyed a conduit, right-of-way and easement
across a portion of Block 24, Denton County School Lands, League
1, Abstract No. 58, Wichita County, Texas; and,
WHEREAS, BENCOR Development, the owner of Lot 1-A, Block 72,
Faith Village Unit 2, desires the City release its rights and
interest in this easement as it pertains to the referenced lot;
and,
WHEREAS, in exchange for said partial release, BENCOR
Development agrees to dedicate to the City of Wichita Falls, as
part of the platting process, a twenty-five (25) foot easement
across its property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS:
SECTION 1. That the Mayor of the City of Wichita Falls be
and is hereby authorized to execute a Partial Release of
Easement, a copy of which is attached hereto and made a part
hereof for all purposes, thereby vacating and releasing all
right, title and interest in the easement conveyed to it by
instrument filed in Volume 436, Page 585, Wichita County deed
records, as it affects Lot 1-A, Block 72, Faith Village Unit 2.
In consideration of this partial release, BENCOR Development
agrees to dedicate by plat a twenty-five (25) foot easement along
the northwest line of Lot 1-A, Block 72, Faith Village Unit 2.
The City of Wichita Falls expressly reserves its rights in the
remaining property as identified in Volume 436, Page 585 in the
Wichita County deed records.
SECTION 2. 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 t 6 day of July, -93
r
M A Y O R
ATTEST:
City lerk
Page of Pages
Agenda Item No.
PARTIAL RELEASE OF EASEMENT
STATE OF TEXAS
COUNTY OF WICHITA
WHEREAS, by instrument dated July 15, 1946, recorded in
Volume 436, Page 585 of the Wichita County deed records, Shem P.
Cunningham, did grant and convey unto the City of Wichita Falls,
a conduit, right-of-way and easement ("the easement") across a
portion of Block 24, Denton County School Lands, League 1,
Abstract No. 58, Wichita County, Texas; and,
WHEREAS, BENCOR Development, as the owner of Lot 1-A, Block
72, Faith Village Unit 2, desires the City to release its rights
and interest in the above-described easement as it pertains to
Lot 1-A, Block 72, Faith Village Unit 2, and BENCOR Development
further agrees to dedicate to the City of Wichita Falls, as part
of the platting process, a twenty-five (25) foot easement across
its property in exchange for the City's partial release of the
existing easement.
NOW, THEREFORE, the City of Wichita Falls, in consideration
of the dedication by plat of a twenty-five (25) foot easement
along the northwest line of Lot 1-A, Block 72, Faith Village Unit
2, the City of Wichita Falls agrees and hereby vacates and
releases all right, title and interest in the easement conveyed
to it by instrument filed in Volume 436, Page 585, Wichita County
deed records, as it affects Lot 1-A, Block 72 , Faith Village Unit
2 . This release shall apply only to Lot 1-A, Block 72, Faith
Village Unit 2, and the City of Wichita Falls expressly reserves
its rights in the remaining property as identified in Volume 436,
Page 585 in the Wichita County deed records.
EXECUTED this day of 1993 .
Michael Lam, Mayor
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 Michael
Lam, Mayor of the City of Wichita Falls, Texas, a municipal
corporation, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me
that he executed the same for the said City of Wichita Falls, a
municipal corporation, 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
1993 .
Notary Public, State of Texas