Res 100-93 7/20/1993RESOLUTION NO. /2D--
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS AUTHORIZING THE MAYOR TO EXECUTE A PARTIAL
RELEASE OF EASEMENT ON BLOCK 1A, EAST SUNSET HEIGHTS
ADDITION; 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 23, 1986, the City of
Wichita Falls was conveyed a utility easement across Block 1A,
East Sunset Heights Addition, Wichita Falls, Wichita County,
Texas; and,
WHEREAS, the Wichita Falls Independent School District, the
owner of Block 1A, East Sunset Heights Addition, 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, the Wichita
Falls Independent School District agrees to convey to the City of
Wichita Falls a 0.212 acre easement across its property for the
sanitary sewer main which is already in place.
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 26, Page 331, Wichita County deed
records, as it affects Block 1A, East Sunset Heights Addition.
In consideration of this partial release, the Wichita Falls
Independent School District agrees to convey a 0.212 acre
easement across a portion of Block 1A, East Sunset Heights
Addition to the City. The City of Wichita Falls expressly
reserves its rights in the remaining property as identified in
Volume 26, Page 331 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 h day of Ju
M A Y 0
ATTEST:
City Clerk
4
t
PARTIAL RELEASE OF EASEMENT
WHEREAS, by the plat dated July 23, 1986, recorded in Volume
26, Page 331 of the plat records of Wichita County, Texas, the
Wichita Falls Independent School District did grant, convey, and
dedicate unto the City of Wichita Falls a utility easement across
Block 1A, East Sunset Heights Addition, Wichita Falls, Wichita
County, Texas; and
WHEREAS, the Wichita Falls Independent School District plans
to construct a maintenance building on said property; however, it
has been discovered that the City's sanitary sewer main does not
lie entirely within the easement dedicated for that purpose.
Therefore, the Wichita Falls Independent School District agrees
to convey a utility easement to the City which covers the actual
location of the sewer main in exchange for the City's partial
release of the dedicated easement.
NOW, THEREFORE, the City of Wichita Falls, in consideration
of the conveyance of a 0.212 acre easement by the Wichita Falls
Independent School District, agrees and hereby vacates and
releases all right, title, and interest in a portion of the
easement dedicated in Volume 26, Page 331 of the plat records of
Wichita County, as shown on the attached map marked Exhibit A,
and expressly reserves its rights to all other easements
identified on said plat.
EXECUTED this day of J
f
1993.
AMPC
41r,
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
July, 1993.
Notary Public, State of Texas
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