Res 30 2/14/1949 SOLUTION NO,
LS, on or about the first day of December, A.. .
1944, the City of Wichita Falls, acquired from the `Luke t1ilson
estate certain surface rights 'on lands adjacent 'to Lake Kickapoo
in Archer. County, Texas, as is more particularly shown by the
geed Re'a,ords of Archer County., Texas, in Vol, 199',. Page 629, and,,
Ifli BAS, s1aace that time on or about the 15th d€ay of March'
A'. L. 19480 the City. of Wichita Falls , Texas, deeded approximately
47.85 acres of land to John Fo O'Donohoe as more particularl�:
disclosed�. �by .the Deed Records of Archer Col:Lnty, Texes" Vol.¢ 210,
1'sge 287, :and,
some question his arison `as to whether` :or not a'
restrictive covenant of a dec&fr' om, the Wjjson -estate to the
City. of ichiitla .'Fa.11s, .would pr�d-vei t the exp.loration'. and develop-=
went` of oil oh the -above: desi mated 47.85 ac-res ,
1% 'IT 'RES OL . D ,BY TILE BOARD OF KLDERIMEN OF
'What the, mayor be authorized and emp.6 ered to release: baid
restrictive -covenants` insofar. as the ,same pertains to said 476.85
acres ,of land deeded, by the City .of Wichita Falls to . Jo1in. P.
p Dono4oe, and to execute any proper insert t to' effect such
release,.
Moved by alderman (;dff 6X that the above resolu-
tion be passed; Motion seconded by Alderman Spr@Zins .
Yeas, Aldermen Kadane and goffey
4
t
and
No as, ' :one
PASSED AND APPROVED this the 14th day of February) A.D. 1q�q.
y .
ATTT;
City MR
WHPRFAS, on Dec b z' �Is, 194.,, a certain deed an conveyance
Proper-
madeww
and e cu to d by e l'ras tee of Wilson stxn
ties, grantors to The City Of Wi&iita Fes.* a municipal corporati.onj of
Wichita Ocunty, Texw., grantee, oontaining ,approximately 333,18 acres of
land, located in Archer County., ice,. reserving t rein to tor,;,his
successors and assigns., all oailo gas xmi tither =Lnerals, in and under such
property more phi oularly described in Vol. 199, Page 6291 Deed Records,
Archer County., Texas,, to rich reterence is hexe made for a Ll pulses;
S, under the tee of this conveyance it was provided that
ither the grantor., his succesews or assigns, shoes explore- or develop
any,,of -s4ld :p sspert ras long as it was owned by 7he City of Wichita falls
or the, lake adjacent thereto was used to supply water to the =7 of Wichita
Falls for dostacpurposes;
s on ch 15, 1943.1 The City of Flehita Fallso for val
ale Pv=ideratiom received, granted and cc *ed to John F. C lDonoh.be,
tee, ail of its ri dit, title,, arA interest i n a to app tely'
7 acrew of lwid, a portion of the 333.18.acres referrers to above.,
said 47.85 acresl more or less,, being. particularly d6,scribed as follows:
A certain lot, tract or parcel of wd out: of Blk.
lll..' of t ri.cria .mac � ,.
Archer aaanty,. vand.described as followst
BFOINNM at the ff. 76'. corner ai.d. 1 . No* lllf
Amwican Tribune 'New Co3 c+ Lands a
.
a,.t V. s ai: .B .. . o. nl, ,a
distwrae .of .218 .5`.f. , st for a darner; ,V�Cr, .
.S. -.40 4 a40 , :_ to apost for a Cormr
mmm r. -,=4f st for a` oornm,oii the r.
Line of said Blk., � 221; 19FHOF V. with the P. ,lim
of s aid Elk. X . a diA4nce of 1267,ft. to the..
place. begin", end conta3ni .�47* 5 acres cif Vic , .
re or less.
' . .siiac ve a con yance to J n'Fo OtDondhOe
made no reference to tom: covenant •re . img exploration and development,
of ilbe. acreage ;i vAved for.. .neral' pure es,, and seme, uncertainty` regard-
ing,the appli.tability of this covet to the 47*85•aegis ,of laid descri d
above has arisenv ate. it .is the desire of The City of' ierdta" Falls to
cry this uncerUin,ty and°•to fuU• relinquish and'ezeept the wave- ,
described 7- 5 acres of land from the operati n.of said covemuit;
s Tr FRMR , KUM ALL H B-X THFSP, P .TSF TS D That The City
of Wichita Fall, Te , a nicipal. corooratio. n. dkily,authorized and
,. om,t .under the ,laic of`the 8tate of-Te;ias airs N by,and through its
Mayrs, Held Jones, duly au rued_ by virtue of a resolution of the
&bard of 1der an of said. City., for and in consideration of. the seem of
/i ( . ).z oo cash U it in.hand' d 'by Luke W. McCrory.,
Trustee$ and John F* O!Donohoes receipt €?4 which is hereby ack:nowled eds
does hereby -relea se', e*eept-,,,.. as -fully dischar e. tte- -Ve-de cribed. 47.85
.acres of Und from the '.covenant d6vering same as, set out in ,the deed here»
inbefor p entioned and by these presents` do. release; and" discharge the
said Luke -,W. eGrornt l'rusfie , asd Joan F. OfDonoboe from all actions,
clam or d6mands € f� the .� .ty���ofWichlita Falls for or can acocant Qfl or
arising out of the saLd 'dd n t ;ice so far,, mad only pie so .ferg as it perms
tam or t' tai ri to. th.85'acres of land d"caibed above.
IN WITNFSS iSF, OF,, The Git of Wichita i to Falls v Texas,. has caused
these presents to be sigma by Harald. J s, its Mayor.* and its seal to
be affixed"by the City Clarks" this day* of February$ A. D. 1949.
THE CITY C.' WTCHITA FALW3, 21FUS
BY., -�-
Mayor
'°A!7T s"
City Clem
P
STATE OF TFXAS,,
C47EJNTY OF-WICHIT
BEFORt MEC the undersigned, a Now public in,ard_Xorsaid
Cc my and-� te,, can this, day, Per's ma-11y appeared Harald_ j on�s 'known
to . e, to be the PersCn Apse rye is subscribed to the -tbrego.ing, nstra— F
ment and acknowledged to m that he execated the same as the act and deed
or The City of Wichita Fall ss Texasa a municipal oorporati.an, and as the
Mayor thereof and for the..puriposeu and consideration therein e re ed.
GIVENUDR Y HAND AND SEAL OF OFFIC-:.1- this: th, d1V.
of Februaryx. A,, D. 1949.
tary
ic, 2.c -to Caen Ys
RESOLUTION NO.
on or about the first dray of Decembero A,' D-,
19441 the City of Wichita Falls acquired from. the Luke Wilson
estate certain surface rights on lands adjacent to Lake Kickapoo
' 1n, Archer County,, Texas, as is more particularly shown by the.
Deed- liecords of Archer Countyo Texas, in Vol. 1990 page 629, and,.
� Sy since t1h t time e on or about the 15th day of March.,,
Ai P�� - 1948, the City of ichita all,s.,, Texas, deeded approX ately
47,85 acres of land to John P# OTDonohoe as more particularly
disclosed by the Deed Records cif-Archer County, Texasx ol, 1p.x
Fags 287., and3 .
WMREAS., some c ues.tion has arisen as to whether or not a
restrictive oovenaht of a deed from the Wilson estate to the
City of Wichita Faliso. would Prevent the exploration and .evelop- ,
meat of :oil on the above. depi noted 474,85 acres,
That the, mayor be authorized and empowered to release ;said
restrictive covenants insofar as the same pertains -to said 47.85
acres of land deeded by the City of Wichita Falls to Jon. F,
O'Donohoeo and to execute any proper instrument to effect such
release'.
Moved by Alderman Coffm that the above. resolur
tion be passed; Motion secohdod by Alderman §nMaiD
Yeas, Aldermen . Spi iu.s, d#.ne and Cof
and „
eas, 'Done,
PASSED JIUM APPROVED the the 11,,th day of Vebruary, A.D. 1949.
Mayor
ATTEST:
Gity Clerk