Ord 062-2002 8/6/2002 ORDINANCE NO.
ORDINANCE CLOSING, VACATING, AND ABANDONING
APPROXIMATELY A 2.2-FOOT WIDE BY 36.9-FOOT LONG AND A 1.6-
FOOT WIDE BY 36.8-FOOT LONG PORTION OF A 7.5-FOOT WIDE
UTILITY EASEMENT LOCATED AT 5111 AND 5114 LAKE
WELLINGTON PARKWAY, WICHITA FALLS, WICHITA COUNTY,
TEXAS; ALSO KNOWN AS LOT 4, BLOCK 8, AND LOT 12, BLOCK 11,
LAKE WELLINGTON ESTATES PHASE 5; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the current property owner has requested the closure of a portion of
a utility easement at 5111 and 5114 Lake Wellington Parkway due to the construction
of two homes built by the current owner/builder and located in the easement; and
WHEREAS, all affected utility companies have been contacted and have
approved or conditionally approved of this closure; and
WHEREAS, the City Council of the City of Wichita Falls, Texas deems it
advisable and in the public interest to close, vacate, and abandon that portion of the
easement hereinafter described subject to the filing of a final re-plat within ninety days
of the date of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. That the portion of the 7.5-foot wide utility easement currently
encroached upon and dedicated on the plat of Lot 4, Block 8, Lake Wellington Estate
Phase 5 and Lot 12, Block 11, Lake Wellington Estate Phase 5, an addition to the City
of Wichita Falls, is hereby closed, abandoned and vacated. Said easement is shown as
the shaded area on the attached maps, incorporated in this ordinance as Attachments
"1" and "2".
SECTION 2. That in consideration of the receipt of three hundred thirty six
dollars ($336.00), this ordinance shall authorize the City Manager to execute a quit
claim deed for the City's interest in the property. The deed shall be executed
conditioned upon the property owners filing an approved re-plat of the property in the
records of the Wichita County Clerk. This filing shall occur within ninety (90) days of the
date of approval of this ordinance. This ordinance shall be void and have no effect if
said re-plat is not approved and filed within the stipulated time period.
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SECTION 3. It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 6th day of August 2002.
/-PA ,,
MAYOR
ATTEST:
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City Clerk