Res 243 11/9/1953r
RESOLUTION NO. 243
STATE OF TEXAS
COUNTY OF D1'.LLAS
KNOW ALL MEN BY THESE PRESBNTS:
r
WHEREAS, on October 80 1951 the City of Wichita Falls,
acting by and through its duly constituted and acting Board of
Aldermen, enacted its certain Ordinance and passed and
approved the same and caused the same to be recorded in Ordinance
Book No. 9 of the said City of Wichita Falls, which said Ordinance
is captioned as follows:
"SAN ORDINANCE CLOSING A '\rD ABANDONING THAT PORTION
OF THE ALLEY SITUATED IN BLOCK 195, ORIGINAL TOWN -
SITE OF WICHITA FALLS, WICHITA COUNTY, WHICH LIES
SOUTH OF THE PROPERTY LINES OF TEN STREET AND
NORTH OF THE PROPERTY LIML ON ELEVENTH STREET,
BEING ALL THAT PORTION OF THE ALLEY SITUATED IN
SAID BLOCK:"; and
WHEREAS, pursuant to said Ordinance said City of Wichit�
Falls abandoned all of the alley situated in Block 195 of the
Original Townsite of Wichita Falls, Wichita County, Texas to
S & G Corporation, a Texas corporation, owning the fee title at
such time to all of said Block 195, upon the terms and conditions
in said Ordinance set forth which were:
(1) (Section III of said Ordinance)
This ordinance is passed subject to the right of
the City to ingress and egress on said - property for the purpose
of maintaining the sewer line situated in said alley and is also
subject to the rights of ether easement owners in said alley
for the purpose of maintaining gas lines, telephone conduits and
electric power lines.
(2) (Section IV of said Ordinance)
No building shall be built over said alley unless
and until satisfactory arrangements have been made with the City
Engineer with reference to the maintenance and upkeep of the
sewer line and with the other easement owners with reference to
their easements.
(3) (Section V of said Ordinance)
This ordinance is passed
in building buildings upon the Block in
Corporation, its heirs and assigns will
a.nd unloading facilities within the pro
so that it will not be necessary to use
said Block for such purposes.
upon the condition that
question that the S & G
provide adequate loading
:)erty lines of said Block
the streets surrounding
and
IHEREAS, said Ordinance and the record thereof is here-
by referred to for all necessary purposes, and
WHEREAS, the said City of Wichita Falls has removed its
said sewer line from the said alley in said Block and the Lone
Star Gas Company has removed its said gas main from the alley in
said Block, and the said Southwestern Bell Telephone Company has
removed its telephone lines and conduits from said alley in said
Block, and
WHEREAS, the Texas Electric Service Company has caused
its power lines theretofore existing upon said alley to be placed
in underground conduits in said alley to which ingress and egress
has been provided, all in accordance with an easement granted
to said Texas Electric Service Company on January 31, 1952 and
recorded in Volume 575 at Wage 30 of the Deed Records of Wichita
County, Texas, and
WHEREAS, all of the easement owners in said alley, be-
ing, to -wit, the said City for its sewer line, the said Lone Star
Gas Company for its gas line, the said Southwestern Bell Telephone
Company for its telephone lines and conduits, and the said Texas
Electric Service Company, have removed their said utility lines
from the said alley so abandoned, in accordance with the provi-
sions of the Ordinance referred to, SAVE AND EXCEPT the 'Texas
Electric Service Company, which company has caused its said lines
to be placed underground and its power lines in said alley now
consist of an electric underground distribution system in said
alley to which ingress and egress has been provided satisfactory
to the said City of Wichita Falls, Texas and the said Texas Elec-
tric Service Co_npany, and
WHEREAS, the said owner in and to the fee title of said
Block 195 has provided adequate loading and unloading facilities
within the property lines of said Block so that it will not be
necessary to use the streets surrounding said Block for such pur-
poses, and
WHEREAS, on or about December 1, 1951 the said G
Corporation conveyed all its right, title and interest in and to
said Block aforementioned to Federated Department Stores, Inc.,
its successor in title to the fee in and to all of said Block
195, and
WHERE.L,S, said Federated Department Stores, Inc. has
full) complied with all conditions incumbent upon it and its
predecessor in title, S & G Corporation, for performance under
said Ordinance, and is entitled to evidence thereof, and
NOW, THEREFOREO I, the undersigned, F. M. Rugeley, the
present duly authorized acting and empowered City ;engineer of the
said City of Wichita Falls, Texas, being conversant with the
facts hereinabove set forth, and duly authorized by the Board of
Aldermen of the City of Wichita. Falls, Texas by resolution as
hereinafter shown hereon, hereby certify that the facts herein -
above set forth are within my knowledge true and correct, and
that the said Federated Department Stores, Inc., the present
owner of the fee in and to the title to the said Block 195 afore-
mentioned, has in all respects fully and completely complied with
all of the obligations and conditions placed by the Ordinance
aforesaid upon the owner of the property known as said Block No.
195, being those conditions and requirements.specified in Section:
III, IV and V of the said Ordinance aforementioned, and further
that I hereby execute this certificate evidencing such complete
compliance in order that the same may be placed for record and
serve as evidence of such compliance to the world and particularl7
to subsequent purchasers of the said property in said Block or
mortgagees thereof.
WITNESS MY HAND this 9__ day of November , 1953.
City� Engineer t the Cif Wichita.
Falls, Wichita County, Texas.
-2-
SWORN TO AND SUBSCRIBED BEFOG ME to certify which
witness my hand and seal of office this day of a&yjZj46/
1953.
Notary Public in and for
Wichita County, Texas.
RESOLUTION OF BOARD OF ALDERDEN
CITY OF WICHITA FALLS,_
ON the date hereinafter inscribed, the City Engineer of
the said City of Wichita Falls, Texas duly presented to the Board
of Aldermen of the said City the foregoing certificate relative to
full and complete compliance by the owner of City Block 195 there-
in referred to, with Ordinance No. 1575 dated October 8, 1951 and
recorded in Ordinance Book No. 9 of the said City, and.the said
City Engineer having certified to the said Board of Aldermen that
said Ordinance had been fully and completely complied with and
all obligations and conditions thereof incumbent upon the owner
of the said Block 195, and having requested authorization to exe-
cute the certificate hereinabove set forth so certifying, and the
matters relative to the full and complete compliance with the ob-
ligations and conditions imposed by said Ordinance likewise being
within knowledge of the said Board of Aldermen, upon motion duly
made, seconded and unanimously adopted, it was resolved that the
said City Engineer be and he hereby is authorized and empowered
to execute said foregoing certificate, and the said Board of Alder.
men by this its resolution so authorizing the City Engineer like-
wise for and on behalf of the said City of Wichita Falls, so
certifies and confirms the said certificate of its said City
Engineer.
PASSED, ADOPTED AND APPROVED this the 9 day of
November r ___, 1953.
ATI
City Cler*
STATE OF TEXAS
COUNTY OF WICHITA
Mayor
I, aaoQ1_ T.J1ender=w,-., City Clerk of the
Falls, Texas, hereby certify that the above and
true and correct copy of a resolution pa3s6d and
Board of 11der-men on the _9 day of _X21-rember —
of record in Minute Book No. 15 -(Xf the City
Texas.
7 ierx, uiuy
'12 exas .
City of Wichita
foregoing is the
approved by the
s 1953, as
of Wichita Falls,
Wichita Fails.
F%tmw W"itwup T -m,"
October 16, 1953
Air. Hawkins Golden,
807 1st National Bank Building,
Dallas, Texas.
Dear r "r. Golden:
During our telephone conversation of yesterday
afternoon, you requested information in regard to Texas
Electric Service Company distribution lines in the alley
in Block 195, Original Townsite of Wichita Falls. This
information was requested so that Fedway Stores might
comply with Article IV of' Ordinance #1575 of City of
Wichita Falls closing the above alley.
Texas Electric Service Company has replaced
its overhead distribution lines in this block with an
underground conduit line, and has received an easement
from Federated Department Stores, which is recorded in
volume 575, Page 30, Deed Records of Wichita County,
Texas. This work was approved by the Austin Company,
erectors of the Fedway Building at Wichita Falls.
Yours very truly,
G. W. BEAd, Chief Engin er
By
r
M / . Pickett
M P bt
cc: Mr. W. P. Portwood, Manager
Wichita Falls
P- 25.046 -- Wichita Falls
5OUTMWE5TERN BELL TELEPHONE COMPANY
308 S.AKAao ST.. DALLAS. TEXAS 2
T. ®. KE41_Y PROSPECT 5311
OEh ERAL PLANT NANAGER
October 16, 1953
Mr. Hawkins Golden
Attorney at Lax
807 First Rational Bank Building
Dallas, Texas
Dear Sir:
This is to confirm our telephone conversation regarding an
ord.inanae passed by the City of Wichita Palls, Texas, to close an
alley between Indian- and Ohio Streets from Tenth to Bleventh Streets,
provided that satisfactory arrangements were made with the Utilities
Companies.
In acoordance with arrangements :wade with this Company by the
Austin Qompany, our underground cable was rerouted to Indiana 'Street,
and the underground conduit along the said alley has been ab$adoned
for further use by this Company.
Tours very truly,
. /-3 . A-�
General Plant
14"s esc+r4TRO r
tANQ DEPARTMENT
J. L. TOONE. MANAaE+r
CURTIS PARK. SUPT. LEASFNO Mtobw 190 1953
GERDES W. RICO, SUPT. Ft /WAY. CLAIMS
LLOYD M. MILLER, CH19r CLFCRK
W. Kw)dne Bolden
807 First National Bank Banding
Dan"# Texas
Dear Mr. Goldsn S
In response to your telephone request and our conversation of October
16, 1953, this, is to advise that our sneering Department has inves..
tigated the situation with respeet to our gas distribution wain forsterly
located in the dedicated aney through Block 195 in the City of Twiicidta
Falls, Wichita County, Texas, and informs us this main has been entirely
removed from said alley.
We believe this is the information you desire, but if we can be of
further assistaayce, please advise.
Kerr truly yours,
LONE STAR OAS COMPA"
By C QD A—/ I
Met"
%Msnb
LE,�,RE, HvNn- y, GOLDEN & Buiauow
ATTORNEYS AT LAW
SUITE 867 -831 FIRST NATIONAL BANK BUILDING
SAM A.�EAKE (1864 -1935)
W.T. HENRY (1071- 1951) DALLAS, TEXAS
HAWKINS GOLDEN
WILLIAM BURROW
LEO. GARRISON POT'S
LUSTER L. MAY October 21, 1953
[DUNCAN BOECKMAN
HAPTMAN HC7Z
Mr. William L. Baugh, Jr.
Assistant City Engineer
City Hall
Wichita Falls, `texas
Dear Mr. Baugh:
Pursuant to our recent telephone conversation concern-
ing the closing of the alley, Block 195, we enclose
herewith photostatic copies of letters from the Lone
Star Gas Company and the Southwestern Bell 'Telephone
Company advising that their lines and mains have been
removed and rerouted, and Likewise letter from Texas
Electric Service Company advising that such Company's
power Lines have been placed in underground conduits,
all satisfactorily installed in accordance with the
ordinance, easement granted and engineering requirements.
We understand that the City has removed and rerouted the
sewer line and that consequently the only utility ease-
ment existing in the alley now is that of the Texas
Electric Service Company. Of course, off - street load-
ing and unloading .facilities have been provided and
consequently we enclose in triplicate suggested certi-
ficate of the City Engineer with authorizing d con-
firming resolution of the Board of Aldermen. it will
be appreciated if two appropriate copies of the enclos-
ure, appropriately exec"tLd`"`xa`n ' cti'i3ed could be for-
warded to us at your earliest convenience. ......
Thanking you in advance for your courtesies in this
matter, we are,
Yours very truly,
LEAKE HENRY GOLDEN & BURROW
HG:rd
cc: Mr. M. M. Briggs
k
Hon# H kins Golden
Leakey Hairy' Golden Barrow
Attorneys at Law
First National Bank Bailding
Dallas.., texas
Dear Mr, Golden%
In oomplimee vith your letter of October 21
the clank has banded mo `or transmittal to YO-4 one,
certified %ropy of Resolau n' a ? 243 end as You VOM
px4vio4sly ad 1. ed, on's € .fled copy bas been Zamighad
o. L. %i, Raison, . Abstrjat and Title Ga ;v for
the banefit, of your climt.
1 bee - have. now sompli.ed 'with your
request,
Yours v4ry trily,
Priberg
6
i
city; s ,tormy
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