Res 1951 4/19/1977RESOLUTION NO. Ja
RESOLUTION AUTHORIZING CITY MANAGER TO EXECUTE
QUIT CLAIM DEED TO STATE OF TEXAS FOR 0. 5166
ACRE TRACT OF LAND SITUATED IN DAVID WELCH
SURVEY, ABSTRACT 324, WICHITA COUNTY, TEXAS,
SAME BEING A PART OF LOOP 11 RIGHT-OF-WAY.
WHEREAS , on the 20th day of December, 1976, a judgment
was filed in the condemnation case styled State of Texas,
et al vs. First Baptist Church of Wichita Falls, Texas,
et al, Cause No. 11,351, in the County Court of Wichita
County, Texas, which vested title to a certain tract of
land located within the city limits of the City of Wichita
Falls, Texas, and described as a 0. 5166 acre tract of land
situated in the David Welch Survey, Abstract 324, Wichita
County, Texas , and being a part of a 5. 02 acre tract con-
veyed by Eleanor O'Hara Roberts, et vir to the First Baptist
Church of Wichita Falls by deed dated July 24, 1959, and
recorded in Volume 776 , Page 211, Deed Records of Wichita
County, Texas, to the City of Wichita Falls and the State of
Texas; and,
WHEREAS, this parcel of land was condemned for the
purpose of including it in the Loop 11 right-of-way; and,
WHEREAS , the State of Texas and the City of Wichita
Falls had entered into an agreement by which the City of
Wichita Falls would take the responsibility for condemning
the parcels of land which were required for the Loop 11
project and upon vesting of fee title in the parcels of
land required for right-of-way in the State of Texas, the
state would reimburse the City of Wichita Falls fifty per-
cent (50%) of the cost of acquisition; and,
WHEREAS, through an error the Judgment taken on December
20, 1976 , vests title to the above described tract of land
in the State of Texas and the City of Wichita Falls whereas
it should have vested title only in the State of Texas.
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NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN
OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
The City Manager of the City of Wichita Falls is here-
by authorized to execute a quit claim deed, a copy of which
is attached hereto, conveying unto the State of Texas all
its right, title and interest in and to the 0. 5166 acre
tract of land situated in the David Welch Survey, Abstract
324 , Wichita County, Texas.
PASSED AND APPROVED this the Me/11-day of April, 1977.
5;?A Y O R
ATTEST:
City Clerk
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QUIT CLAIM DEED
THE STATE OF TEXAS X
X KNOW ALL MEN BY THESE PRESENTS :
COUNTY OF WICHITA X
THAT, the City of Wichita Falls, a municipal corporation situ-
ated in Wichita County, Texas, acting herein by its City Manager,
Gerald G. Fox, for and in consideration of the sum of One Dollar
1.00) in hand paid by the State of Texas, the receipt of which
is hereby acknowledged, does by these presents, BARGAIN, SELL, RE-
LEASE, AND FOREVER QUIT CLAIM unto the said State of Texas all of
its right, title and interest in and to that certain tract or par-
cel of land lying in the County of Wichita and State of Texas, de-
scribed as follows, to-wit:
Being a 0. 5166 acre tract of land situated in the David Welch
Survey, Abstract 324, Wichita County, Texas, and being a part
of a 5.02 acre tract conveyed by Eleanor O'Hara Roberts, et vir
to the First Baptist Church of Wichita Falls by deed dated July24, 1959, and recorded in Volume 776, Page 211, Deed Records of
Wichita County, Texas, said 0.5166 acre tract being more parti-
cularly described as follows:
BEGINNING at the point of intersection of the north line of the
above referenced 5.02 acre tract with the existing west right-
of-way line of F. M. 367, said point being located North 78° 22 '
22° East, a distance of 402.00 feet from the northwest corner
of the above referenced 5 .02 acre tract;
THENCE South 24° 57 ' 44" East, along said west right-of-wayline, a distance of 541.50 feet to its intersection with the
south line of said 5.02 acre tract;
THENCE South 65° 02 ° 16" West, along the south line of . said
5.02 acre tract, a distance of 40.00 feet to a point in the pro-
posed west right-of-way line of State Loop 11;
THENCE North 24° 57 ' 44" West, along said proposed west right-
of-way line, a distance of 358.73 feet to the beginning of a
curve to the left having a radius of 1,849.86 feet, the tangent
to the curve bearing North 24° 57' 44" West at this point;
THENCE northwesterly, continuing along said proposed west right-
of-way line, and along the above described curve, through a
central angle of 6° 02 ° 28" , an arc distance of 195.05 feet to
its intersection with the north line of the above referenced
5.02 acre tract, the tangent to the curve bearing North 31° 00 °
12" West at this point;
THENCE North 78° 22° 22" East, along said north line, a dis-
tance of 51.67 feet to the point of beginning and containing
0.5166 acres of land.
TO HAVE AND TO HOLD the said premises, together with all and
singular the rights, privileges and appurtenances thereto in any
QUIT CLAIM DEED
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manner belonging unto the said State of Texas and its assigns, for-
ever, so that the said City of Wichita Falls nor any person or per-
sons claiming under it shall, at any time hereafter, have, claim
or demand any right or title to the aforesaid premises or appurt-
enances, or any part thereof.
EXECUTED this day of 1977 .
ATTEST: CITY OF WICHITA FALLS
By:
City Clerk Gerald G. Fox
City Manager
APPROVED AS TO FORM
H. P. Hodge, Jr.
City Attorney
THE STATE OF TEXAS X
X
COUNTY OF WICHITA X
BEFORE ME, the undersigned, a Notary Public in and for Wichita
County, Texas, on this day personally appeared GERALD G, FOX, City
Manager of the City of Wichita Falls, Texas, a municipal corpora-
tion, known to me to be the person and officer whose name is sub-
scribed to the foregoing instrument and acknowledged to me that the
same was the act of the said City of Wichita Falls, Texas, a munici-
pal corporation, and that he executed the same as the act of 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 day
of 1977.
My Commission Expires:
Notary Public in and for Wichita
County, Texas
QUIT CLAIM DEED
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