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Res 093-86 7/1/19869 RESOLUTION NO. fc§-16 RESOLUTION APPROVING AMENDMENT TO NON-ANNEXATION CONTRACT WITH WICHITA FALLS ENERGY COMPANY TO ADD ADDITIONAL TRACT. WHEREAS, on June 3 , 1986 , the City Council of Wichita Falls adopted Resolution No . 74-86 , which approved a non-annexation contract with Wichita Falls Energy Company, guaranteeing the continuation of the extraterritorial status of a 3 .8 acre tract of land, described in Exhibit A to such contract, being the tract on which Wichita Falls Energy Company plans to build a cogeneration facility; and, WHEREAS , in order for the financing of this facility to be completed, they need to add to the contract an additional 1 .28 acre tract on which their propane farm will be located, and two right-of-way easements , containing 1 .16 acres, which connect the two tracts together. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS , TEXAS , THAT : That certain non-annexation contract between the City of Wichita Falls and the Wichita Falls Energy Company, which was approved by Resolution No. 74-86 , is hereby amended by substituting the Exhibit A attached to this resolution for and in the place of the original Exhibit A attached to such non-annexation contract. PASSED AND APPROVED this the 1st day of July, 1986 . V/%1./14•6 1 4r- ATTEST: M A Y O R A-(I 1,Li(1 City clerk EXHIBIT "A" WICHITA COGENERATION FACILITY PROPERTY DESCRIPTION COGENERATION SITE AND TESCO SUBSTATION A 3.71 acre tract of land in a portion of Lot 1, CertainTeed Products Addition, Wichita Falls, Wichita County, Texas as re- corded in Volume 22, Page 22, Wichita County Plat Records and being described by metes and bounds as follows: BEGINNING at a bridge spike found; said bridge spike bears South 31° 37' 58" West 1,227.74 feet to a 1/2" iron reinforcing rod set at the intersection of the Northwest line of the Fort Worth and Denver Railroad and the North line of F.M. Highway No. 369. THENCE North 320.00 feet to a bridge spike found THENCE East 420.00 feet to a 1/2" iron reinforcing rod found THENCE South 320.00 feet to a 1/2" iron reinforcing rod found THENCE West 188.15 feet to a bridge spike found THENCE South 177.00 feet to a bridge spike found THENCE West 153.00 feet to a bridge spike found THENCE North 177.00 feet to a bridge spike found THENCE West 78.85 feet to the place of beginning and containing 3.71 acres of land more or less. PROPANE FARM A 1.28 acre tract of land in a portion of Lot 1, CertainTeed Products Addition, Wichita Falls, Wichita County, Texas as re- corded in Volume 22, Page 22, Wichita County Plat Records and being described by metes and bounds as follows: BEGINNING at a bridge spike found; said bridge spike bears South 10° 16' 04" West 543.91 feet to a 1/2" iron reinforcing rod set at the intersection of the Northwest line of the Fort Worth and Denver Railroad and the North line of F.M. Highway No. 369. THENCE North 99.00 feet to a 1/2" iron reinforcing rod set THENCE North 24° 34' 02" East 38.48 feet to a 1/2" iron rein- forcing rod set THENCE North 72° 08' 52" East 26.87 feet to a 2" galvanized iron pipe corner post found THENCE South 89° 52' 08" East 101.43 feet to a 2" galvanized iron pipe corner post found THENCE North 00° 04' 09" East 88.00 feet along a fence to a point THENCE East 156.89 feet to a bridge spike found THENCE South 230.00 feet to a bridge spike found THENCE West 300.00 to the place of beginning and containing 1.28 acres of land more or less. RIGHT-OF-WAY EASEMENTS A 1.05 acre tract of land in a portion of Lot 1, CertainTeed Products Addition, Wichita Falls, Wichita County, Texas as re- corded in Volume 22, Page 22, Wichita County Plat Records and being described by metes and bounds as follows: t 11P," EXHIBIT "A" Cont'd) BEGINNING at a bridge spike found at the Southwest corner of the Cogeneration Site; said bridge spike bears South 31° 37' 58" West 1,227.74 feet to a 1/2" iron reinforcing rod set at the inter- section of the Northwest line of the Fort Worth and Denver Railroad and the North line of F.M. Highway No. 369. THENCE East 78.85 feet along the South line of the Cogeneration Site to a bridge spike found THENCE South 554.94 feet to a 1/2" iron reinforcing rod set on the Northwest line of a 20 foot Sewer Easement adjacent and parallel to the Northwest line of said Fort Worth and Denver Railroad THENCE South 57° 09' 21" West 93.86 feet along the Northwest line of said 20 foot Sewer Easement to a 1/2" iron reinforcing rod set THENCE North 605.85 feet to the place of beginning and containing 1.05 acres of land more or less. A 0.11 acre tract of land in a portion of Lot 1, CertainTeed Products Addition, Wichita Falls, Wichita County, Texas as re- corded in Volume 22, Page 22, Wichita County Plat Records and being a 20 foot wide easement with 10 feet on each side of the centerline described by metes and bounds as follows: BEGINNING at a bridge spike set in the West line of a 78.85 foot easement; said spike bears South 41° 46' 05" West 966.68 feet to a 1/2" iron reinforcing rod set at the intersection of the North- west line of the Fort Worth and Denver Railroad and the North line of F.M. Highway No. 369. THENCE West 246.97 feet to a bridge spike set in the East line of the New Propane Farm and containing 0.11 acres of land more or less. A-2