Res 007-92 1/7/1992RESOLUTION NO. 7--- f02/
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A
QUITCLAIM DEED CONVEYING PORTIONS OF THREE
UTILITY EASEMENTS TO INLAND 33 EAST CEDAR
LIMITED PARTNERSHIP ON THE PROPERTY AT 3801
KELL BOULEVARD.
WHEREAS, the City of Wichita Falls has received a request
from Bury and Pittman Consulting Engineers of Austin, Texas, to
convey by quitclaim deed portions of three utility easements at
the rear of 3801 Kell Boulevard, to allow for the expansion of
the Wal-Mart store; and,
WHEREAS, the padmount transformer currently located in the
easement will be relocated by TU Electric, and it is not
necessary that these tracts be retained for future utility
purposes; and,
WHEREAS, the City has hired Henderson Appraisal and
Consultants, who determined the fair market value to be
7,842. 00.
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 the sum of
Seven Thousand Eight Hundred Forty Two ( $7 ,842.00) Dollars, the
Mayor is hereby authorized to execute a quitclaim deed to Inland
33 East Cedar Limited Partnership, conveying three tracts
totaling 3 ,921 square feet at the rear of Lot 1, Block 9,
Burlington-Call Field Industrial District in the City of Wichita
Falls, and as further described by the attached quitclaim deed,
the same made a part hereof for all purposes.
SECTION 2. It is hereby officially found and determined
that the meeting at which this resolution is passed is open to
the public as required by law and that public notice of the time,
place, and purpose of said meeting was given as required.
PASSED AND APPROVED this the 7th d of January, • '2.
YOR
ATTEST:
City Cl rk
4
QUITCLAIM 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, for and in consideration of the sum of
Seven Thousand Eight Hundred Forty Two and No/100 ( $7,842. 00)
Dollars and other good and valuable consideration, in hand paid
by Inland 33 East Cedar Limited Partnership, hereinafter called
Grantee, the receipt of which is hereby acknowledged, has
granted, sold, conveyed, released, and forever quitclaims unto
the said Grantee, all its right, title, and interest in and to
the following described real property situated in Wichita County,
Texas, to-wit:
EASEMENT "A"
Being the North 80. 0 feet portion of a fifteen (15)
foot wide utility easement located in Lot 1, Block 9,
Burlington-Call Field Industrial District, Wichita
Falls, Texas, being more specifically described as
follows:
BEGINNING at the Southwest corner of Lot 1, Block 9,
Burlington-Call Field Industrial District;
THENCE South 89° 16 ' 15" East, 162.5 feet, along the
South lot line of Lot 1;
THENCE North 0° 43 ' 45" East, 129. 33 feet, to the
Northwest corner of the existing 15 foot wide utility
easement for the Place of Beginning of this
description;
THENCE South 89° 16 ' 15" East, 15 feet to a point for
corner;
THENCE South 0° 43 ' 45" West, 80 feet to a point for
corner;
THENCE North 89° 16 ' 15" West, 15 feet to a point for
corner;
THENCE North 0° 43 ' 45" East, 80 feet to the Place of
Beginning and containing 1,200.0 square feet, more or
less.
EASEMENT "B"
Being the North 90.7 feet portion of a fifteen ( 15)
foot wide utility easement located in Lot 1, Block 9,
Burlington-Call Field Industrial District, Wichita
Falls, Texas, being more specifically described as
follows:
BEGINNING at the Southwest corner of Lot 1, Block 9,
Burlington-Call Field Industrial District;
THENCE South 89° 16 ' 15" East, 219. 5 feet, along the
South lot line of Lot 1;
THENCE North 0° 43 ' 45" East, 140. 0 feet, to the
Northwest corner of the existing 15 foot wide utility
easement for the Place of Beginning of this
description;
THENCE South 89° 16 ' 15" East, 15 feet to a point for
corner;
THENCE South 0° 43 ' 45" West, 90.7 feet to a point for
corner;
THENCE North 89° 16 ' 15" West, 15 feet to a point for
corner;
THENCE North 0° 43 ' 45" East, 90.7 feet to the Place of
Beginning and containing 1,360. 5 square feet, more or
less.
EASEMENT "C"
Being the North 90.7 feet portion of a fifteen ( 15)
foot wide utility easement located in Lot 1, Block 9,
Burlington-Call Field Industrial District, Wichita
Falls, Texas, being more specifically described as
follows:
BEGINNING at the Southwest corner of Lot 1, Block 9,
Burlington-Call Field Industrial District;
THENCE South 89° 16 ' 15" East, 351.4 feet, along the
South lot line of Lot 1;
THENCE North 0° 43 ' 45" East, 140.0 feet, to the
Northwest corner of the existing 15 foot wide utility
easement for the Place of Beginning of this
description;
THENCE South 89° 16 ' 15" East, 15 feet to a point for
corner;
THENCE South 0° 43 ' 45" West, 90.7 feet to a point for
corner;
THENCE North 89° 16 ' 15" West, 15 feet to a point for
corner;
THENCE North 0° 43 ' 45" East, 90.7 feet to the Place of
Beginning and containing 1,360.5 square feet, more or
less.
SAVE AND EXCEPT that any easements are reserved for any and
all existing utilities as may be now located in said above-
described property, with the right of ingress and egress to same
for the purpose of operation, maintenance, or removal of such
utilities until such shall be abandoned or relocated.
TO HAVE AND TO HOLD the above-described premises, together
with all and singular the appurtenances thereto, except as
otherwise reserved, in any way belonging unto the said grantee,
its successors and assigns, as above provided.
Grantor acknowledges and confesses that it has caused the
above-described premises to be appraised as required by Article
5421c-12, V.A.C.S. , and that the consideration herein expressed
represents the fair market value as required by Article 5421c-12,
V.A.C.S.
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
January, 1992.
City of Wichita Falls, Texas
By:
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 and officer whose name
is subscribed to the foregoing instrument, and acknowledged to me
that he 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
1992.
Notary Public, State of Texas