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Res 028-2001 4/3/2001RESOLUTION NO. —a -Z IF, j ,1 RESOLUTION EXERCISING THE CITY OF WICHITA FALLS' RIGHT OF FIRST REFUSAL FOR ACQUIRING A 0.363 -ACRE TRACT OF RIGHT - OF -WAY AT THE INTERSECTION OF GALVESTON AND MCGREGOR WITH FRONTAGE ON KELL BOULEVARD AND DECLARING NO INTEREST IN SAID PROPERTY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the Texas Department of Transportation is owner of a 0.363 -acre tract right -of -way at the intersection of Galveston and McGregor and has determined that it is no longer needed; and WHEREAS, abutting property owners have requested the right to purchase said right -of -way from the State; and WHEREAS, all affected utility companies and all affected City departments have been contacted and studied the need for said right -of -way and have determined that no need exists; and WHEREAS, the City Council of the City of Wichita Falls, Texas deems it advisable and in the public interest to declare no interest in the purchase of this right -of- way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. There is no need for the 0.363 -acre right -of -way as shown on the attached location map and further described as follows: FIELD NOTES OF A TRACT OF LAND OUT OF BLOCK 1, ED WILSON ADDITION AS SHOWN OF PLAT RECORDED AT VOLUME 5, PAGE 342, WICHITA COUNTY PLAT RECORDS, BEING THE SAME LAND CONVEYED TO THE STATE OF TEXAS BY DEED FROM H.L. TURNER, RECORDED AT VOLUME 1056, PAGE 438, WICHITA COUNTY DEED RECORDS, AND BY DEED FROM B.E. SANDERS RECORDED AT VOLUME 1071, PAGE 271, WICHITA COUNTY DEED RECORDS, AND DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at iron rod found at the Northwest corner of Lot 1 -B, Block 1, Ed Wilson Addition, as shown on plat recorded at Volume 26, page 554, Wichita County Plat Records, said iron rod being in the South right -of -way line of Kell Boulevard; LOCATION MAP -r - THENCE S 000 45' 50" W a distance of 10.55 feet to a '/2 " pipe found at the Southwest corner of Lot 1 -B, in the North right -of -way line of McGregor Street; THENCE with the North line of McGregor Street, N 89° 19' 38" W, at 100 feet pass an iron rod set, and continuing on same course, in all a distance of 247.0 feet to an iron rod set for the Southwest corner of this tract; THENCE N 000 48' E a distance of 17.8 feet to an iron rod set for the Northwest corner of this tract in the South line of Kell Boulevard right -of -way; THENCE with the South line of Kell Boulevard right -of -way as follows; N 67° 32' E 59.2 feet to an iron rod set, N 690 27' E 54.55 feet to an iron rod set, N 72 039' E 44.0 feet to an iron rod found, and N 750 29' 30" E 103.6 feet to the PLACE OF BEGINNING and containing 0.363 acre of land. SECTION 2. The City Council of the City of Wichita Falls, Texas concurs in the State's plan to sell this right -of -way in accordance with the established laws and regulations of the State of Texas. SECTION 3. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 3`d day of April 2001. /DdA ATTEST: