Res 171-92 11/17/1992RESOLUTION NO. N-9A
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS APPROVING EXCHANGE OF PROPERTY AT LAKE WICHITA
WITH THE PAT CARRIGAN AMERICAN LEGION POST NO. 120 AND
AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED TO
CONVEY TITLE; FINDING AND DETERMINING THAT THE MEETING
AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Pat Carrigan American Legion Post No. 120
desires to acquire a 0.23 acre tract of land from the City of
Wichita Falls on the west side of their property at 4601 Lake
Shore Road; and,
WHEREAS, the Legion proposes to exchange a similar strip of
land on the east side of their tract, and said exchange would be
in accordance with Chapter 272 of the Local Government Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS:
SECTION 1. The City of Wichita Falls and the Pat Carrigan
American Legion Post No. 120 shall exchange property as per the
quitclaim deeds which are attached hereto. These 0.23 acre
tracts are determined to be of equal value, and said exchange is
in accordance with Chapter 272 of the Local Government Code.
The Mayor is hereby authorized to execute the deed on behalf
of the City.
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 - e 17 day of November, 1992 .
001"°
M A Y O
ATTEST:
A4wet2,2
City C erk
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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 Ten and No/100 ($10. 00) Dollars and other good and valuable
consideration, in hand paid by the Pat Carrigan Legion Post
No. 120, American Legion of Wichita Falls, Texas, hereinafter
called Grantee, the receipt of which is herein acknowledged,
has granted, sold, conveyed, released and forever quitclaims
unto said Grantee, all its right, title and interest in and to
the following described real property situated in Wichita
County, Texas, to-wit:
A 0. 23 acre tract of land in the John A. Scott
Survey No. 5, Abstract 297 , Wichita Falls, Wichita
County, Texas, and being described by metes and
bounds as follows:
BEGINNING at a 1/2" iron reinforcing rod set in the
South line of Lake Shore Drive; said rod bears North
89° 36' 16" East 150. 00 feet and North 00° 34 ' 00"
West 25. 00 feet to the centerline intersection of
Lake Shore Drive and Fairway Road; said rod bears
North 89° 36' 16" East 150. 00 feet, North 00° 34'
00" West 3 , 495. 23 feet, and South 89° 59' 47" West
45. 00 feet to a 5/8" iron rod found for the
Northeast corner of Lot 1, Block 1, Lake View Manor,
Section 1, Wichita Falls, Wichita County, Texas;
THENCE South 00° 34 ' 00" E at 340. 00 feet pass a
1/2" iron reinforcing rod set and continuing on the
same course in all 507 . 35 feet to a point at the
spillway elevation fo Lake Wichita;
THENCE South 05° 53 ' 41" West 71. 38 feet along the
spillway elevation of Lake Wichita to a 1/2" iron
reinforcing rod set;
THENCE South 50° 16' 20" West 8 .96 feet along the
spillway elevation of Lake Wichita to a 1/2" iron
reinforcing rod set;
THENCE North 43° 17' 11" West 17 . 68 feet along the
spillway elevation of Lake Wichita to a point; said
point bears North 01° 04 ' 39" East 20. 90 feet to a
bridge spike set;
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THENCE North 01° 04' 39" East at 20. 90 feet pass a
bridge spike set and continuing on the same course
in all 203 . 19 feet to the top centerline of a 2"
galvanized iron pipe corner post for a fence to the
North. and to the East;
THENCE North 01° 31' 49" East 368 . 10 feet to a 4"
galvanized iron pipe corner post found for a fence
to the South and to the West; said pipe being on the
South line of Lake Shore Drive;
THENCE North 89° 36' 16" East 7 . 67 feet to the Place
of Beginning and containing 0. 23 acres of land, more
or less.
TO HAVE AND TO HOLD the above-described premises,
together with all and singular the rights, privileges and
appurtenances thereto, in any manner belonging unto the said
Pat Carrigan Legion Post No. 120, American Legion of Wichita
Falls, Texas, so long as the above-described premises are used
and maintained for American Legion purposes, as those purposes
are set out in the charter by-laws of said Grantee herein
provided; that no temporary cessation of longer than three (3)
consecutive months shall be deemed a failure in such respect,
and whenever the above-described premises shall cease to be
used for the above-described American Legion purposes, then
and there upon this conveyance shall be null and void and the
said land and premises shall absolutely revert without any
necessity for suit or re-entry to the Grantor herein, its
successors or assigns, and no act or omission on the part of
any of them shall be a waiver of the operation or enforcement
of such condition.
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 1992 .
City of Wichita Falls, Texas
By:
Michael Lam, Mayor
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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 November, 1992 .
Notary Public, State of Texas
c .
OUITCLAIM DEED
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
That the Pat Carrigan American Legion Post No. 120,
hereinafter called Grantor, acting by and through its duly
authorized representative, for and in consideration of the sum
of Ten and No/100 ($10. 00) Dollars and other good and valuable
consideration, in hand paid by the City of Wichita Falls,
Texas, hereinafter called Grantee, the receipt of which is
herein acknowledged, has granted, sold, conveyed, released and
forever quitclaims unto said Grantee, 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 the J. A. Scott Survey No. 5,
A-297, Wichita County, Texas, and being more
specifically described by metes and bounds as
follows:
BEGINNING at a 1/2" iron rod in the South right-of-
way line of Lake Shore Drive, a dedicated street,
said 1/2" iron rod bears South 00° 34' 00" East
25. 00 feet from the occupied Southeast corner of
Block 33 , Denton County School Land, League 1, A-58,
said Southeast corner of Block 33 lying in the North
line of said J. A. Scott Survey No. 5, and being the
centerline intersection of said Lake Shore Drive and
Fairway Road, a dedicated street, said 1/2" iron rod
being the Northeast corner and Place of Beginning of
this description;
THENCE South 00° 34' 00" East, and leaving said
South right-of-way line, 317 . 96 feet to a point in
the Spillway Elevation Line of Lake Wichita for the
Southeast corner of this tract;
THENCE South 61° 37' 12" West 34 . 82 feet to a 1/2"
iron rod for the Southwest corner of this tract;
THENCE North 00° 34 ' 00" West 334 . 30 feet to a 1/2"
iron rod in said South right-of-way line of said
Lake Shore Drive for the Northwest corner of this
tract;
THENCE North 89° 36' 16" East 30. 80 feet along said
South right-of-way line to the Place of Beginning
and containing 0. 23 acres, more or less.
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TO HAVE AND TO HOLD the above-described premises,
together with all and singular the appurtenances thereto, in
any way belonging unto said Grantees, its successors and
assigns.
IN WITNESS WHEREOF, the Pat Carrigan American Legion Post
No. 120 has caused this instrument to be executed by its duly
authorized representative this day of
1992 .
Pat Carrigan American Legion
Post No. 120
By:
Title:
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
for the Pat Carrigan American Legion Post No. 120, 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