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Res 082-2001 7/17/2001RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS AUTHORIZING THE CITY MANAGER TO APPROVE AND EXECUTE A SPECIAL WARRANTY DEED REVERTING OWNERSHIP OF THE NOW VACATED FIRE STATION NUMBER SEVEN LOCATED AT 1215 NORTH BEVERLY AS MUTUALLY AGREED UPON ORIGINALLY WHEN OWNERSHIP WAS TRANSFERRED TO CITY OF WICHITA FALLS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the fire station number seven, located at 1215 North Beverly has been vacated and is no longer used for that purpose; and WHEREAS, the Wichita Falls Independent School District is in need of additional space and has requested the City of Wichita Falls convey ownership back to the WFISD; and WHEREAS, the reversionary clause in the original deed of conveyance stipulates ownership shall revert back to the WFISD at time of abandonment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. The City Manager is hereby authorized to execute a special warranty to convey title to the property located at 1215 North Beverly, a .46 acre tract of land located in Block 22, Ed Woodall Subdivisions of the J. Goodwin Survey, Abstract number 83, Wichita County, Texas. SECTION 2. 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 17th day of July 2001. YOR SPECIAL WARRANTY DEED WHEREAS, on July 30, 1965, the Wichita Falls Independent School District executed a deed to the City of Wichita Falls, Texas, conveying the following described land in Wichita County, Texas: All that certain tract of land located in Block 22, Ed Woodall Subdivision of the J. Goodwin Survey, Abstract number 83, Wichita County, Texas, and described by metes and bounds as follows: BEGINNING in the most westerly southwest corner of that portion of Block 22, Ed Woodall Subdivision deeded to Wichita Falls Independent School District (Hirschi High School) May 20, 1959, and described in Vol. 767, Pages 503 and 505, Wichita County Records; said beginning point being also in the North line of the Raymond Simmons Subdivision of and the East Right -of -way Line of North Beverly Drive. THENCE North 150.0 feet; THENCE East 109.9 feet; THENCE S 230 14' E 33.8 feet; THENCE S 270 36' E 30.0 feet; THENCE S 37° 50' E 21.0 feet; THENCE South 75.8 feet to the North line of the Raymond Simmons Subdivision. THENCE West 150.0 feet to the East line of North Beverly Drive, the place of Beginning, and containing 0.46 acres of land, recorded in Volume 960 at page 239, Deed Records of Wichita County, Texas to which reference is here made. WHEREAS, reserved the West 10 feet of the above described tract for street purposes; and, WHEREAS, such deed contained the further provision: "...the above described property is conveyed for the purpose of establishing a City fire station on the above described property and it is to be used for that purpose and no other, and should it ever be used for any other purpose or ever be abandoned, then and in that event, the above described property shall revert to the Wichita Falls Independent School District" and, WHEREAS, the above described property is no longer being used as a fire station and is abandoned; and, Special Warranty Deed City of Wichita Falls to WFISD Page I of 2 WHEREAS, the City Council of the City of Wichita Falls at its regular meeting held on , 2001, passed a resolution acknowledging the above and authorizing the mayor or city manager to execute a deed conveying the above described land back to the Wichita Falls Independent School District: NOW, THEREFORE, in consideration of the premises, the City of Wichita Falls, does hereby bargain, grant, sell and convey the above described land to the Wichita Falls Independent School District, P. O. Box 97533, Wichita Falls, Texas, to have and to hold, together with all and singular, the rights and appurtenances thereto in anywise belonging unto the said Wichita Falls Independent School District, its successors and assigns forever. The City of Wichita Falls does hereby bind itself, its successors and assigns to warrant and forever defend all and singular the said premises unto the said Wichita Falls Independent School District, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof, by through or under the City of Wichita Falls, but not otherwise. SIGNED at Wichita Falls, Wichita County, Texas, this day of .2001. CITY OF WICHITA FALLS, TEXAS By ATTEST: Lydia Torres, City Secretary STATE OF TEXAS COUNTY OF WICHITA BEFORE ME, the undersigned authority, personaliy appeared, of the City of Wichita Falls, Texas, whose name is subscribed to the above and foregoing instrument and who acknowledged to me that the same was the act of the City of Wichita Falls, Texas, and that he executed the same as the act of said City for the purposes and consideration therein stated. Notary Public, in and for the State of Texas Special Wartanty Deed City of Wichita Falls to WFISD Page 2 of 2