Res 086-2000 6/20/2000RESOLUTION NO. - Q
RESOLUTION AUTHORIZING THE SALE OF 25 -FOOT ACCESS
EASEMENTS TO FRANCIS W. RAINES ET UX AND ALLEN
SWATSWORTH ET UX ALLOWING ACCESS TO 0.53 ACRE AND 0.45
ACRE TRACTS, RESPECTIVELY, OF LAND SURROUNDED BY CITY
PROPERTY AT LAKE ARROWHEAD AS SHOWN ON THE ATTACHED
PLAT AND DESCRIBED IN THE ATTACHED FIELD NOTES; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the only access the property owners have to their tracts of land is
across City property; and
WHEREAS, both property owners are attempting to sell this land; and
WHEREAS, both property owners are wanting to purchase this easement based
on the average appraised value of the two properties; and
WHEREAS, the buyers' lending institutions do require title policies; and
WHEREAS, the title policies cannot be obtained on properties that have no
easement access.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. This request is considered to be reasonable and in the best interest
of the property owners and potential buyers. The Property Administrator is hereby
directed to collect payment, prepare, and file said easement as shown and described on
the attached map and field notes, and incorporated in this resolution as Attachments A,
B, and C.
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 20th day of J e 2000.
M YOR
A ST:
City Clerk
ACCESS EASEMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA §
THAT the City of Wichita Falls, through its duly authorized City Manager,
hereinafter called "Grantor," for and in consideration of the sum of Six Hundred Ninety
Four and 75/100 ($694.75) Dollars and other good and valuable consideration, receipt
of which is hereby acknowledged, has granted, sold and conveyed, and by these
presents does grant, sell and convey unto Francis W. Raines and wife, Addie Raines,
hereinafter called "Grantees," their successors and assigns, a right -of -way and
easement for the purpose of ingress and egress to Grantees' property through the use
of the easement area described by metes and bounds on the attached field note
description, made a part of this easement for all purposes and identified as Exhibit A.
TO HAVE AND TO HOLD said right -of -way and easement to the said Grantees.
The easement hereby granted shall run with the title to the owners of Tract A as shown
on the attached map, identified as Exhibit B. The undersigned Grantor, its successors
and assigns, reserves the right to fully use and enjoy the premises covered by this
agreement, except as the same may be necessary for the purposes herein granted.
Grantees shall be solely responsible for any and all maintenance of the
easement area.
IN TESTIMONY WHEREOF, witness the execution hereof on this day of
12000.
Attest:
Lydia Torres, City Clerk
City of Wichita Falls, Texas
James Berzina, City Manager
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed before me on this the day of
, 2000, by James Berzina, City Manager for the City of Wichita Falls, a
municipal corporation, on behalf of said city.
Notary Public, State of Texas
AFTER RECORDING RETURN To:
PROPERTY MANAGEMENT DIVISION
P. O. Box 1431
WICHITA FALLS, TEXAS 76307
EXHIBIT A
FIELD NOTES OF THE CENTERLINE OF A 25 FOOT
WIDE EASEMENT TO TRACT A, W.C.R.R. CO. SURVEY
NO. 20, ABSTRACT 854, AS SHOWN ON THE PLAT OF
RECORD IN SLIDE 129 OF THE PLAT FILE CABINET,
CLAY COUNTY PLAT RECORDS, CLAY COUNTY, TEXAS,
AND DESCRIBED AS FOLLOWS:
COMMENCING at Bridge Spike found in the intersection of Grinke Road and the old
Scotland Road for the Southwest corner of Block 27, Halsell Subdivision, as shown on
the plat of record in Volume 49, Page 199, Deed Records; Thence South 840 28' 30"
West 2,908.0 feet along the center of Grinke Road to the PLACE OF BEGINNING of
this 25 foot wide Easement;
THENCE North 01' 38' East 323.16 feet to a point;
THENCE North 28° 20' West 67.13 feet to a point on the South line of Tract A and the
end of this Easement, a 3/8 inch iron rod found at the Southeast corner of Tract A bears
North 84° 10' East 13.54 feet. The bearings in these Field Notes are based on magnetic
azimuths.
EXHIBIT B
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ACCESS EASEMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA §
THAT the City of Wichita Falls, through its duly authorized City Manager,
hereinafter called "Grantor," for and in consideration of the sum of Six Hundred Ninety
Four and 75/100 ($694.75) Dollars and other good and valuable consideration, receipt
of which is hereby acknowledged, has granted, sold and conveyed, and by these
presents does grant, sell and convey unto Allen Swatsworth and wife, Pamela Boone
Swatsworth, hereinafter called "Grantees," their successors and assigns, a right -of -way
and easement for the purpose of ingress and egress to Grantees' property through the
use of the easement area described by metes and bounds on the attached field note
description, made a part of this easement for all purposes and identified as Exhibit A.
TO HAVE AND TO HOLD said right -of -way and easement to the said Grantees.
The easement hereby granted shall run with the title to the owners of Tract B as shown
on the attached map, identified as Exhibit B. The undersigned Grantor, its successors
and assigns, reserves the right to fully use and enjoy the premises covered by this
agreement, except as the same may be necessary for the purposes herein granted.
Grantees shall be solely responsible for any and all maintenance of the
easement area.
IN TESTIMONY WHEREOF, witness the execution hereof on this day of
12000.
AO-
Attest:
Lydia Torres, City Clerk
City of Wichita Falls, Texas
James Berzina, City Manager
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed before me on this day of ,
2000, by James Berzina, City Manager for the City of Wichita Falls, a municipal
corporation, on behalf of said city.
Notary Public, State of Texas
AFTER RECORDING RETURN TO:
PROPERTY MANAGEMENT DIVISION
P. O. Box 1431
WICHITA FALLS, TEXAS 76307
EXHIBIT A
FIELD NOTES OF THE CENTERLINE OF A 25 FOOT
WIDE EASEMENT TO TRACT B, W.C.R.R. CO. SURVEY
NO. 20, ABSTRACT 854, AS SHOWN ON THE PLAT OF
RECORD IN SLIDE 129 OF THE PLAT FILE CABINET,
CLAY COUNTY PLAT RECORDS, CLAY COUNTY, TEXAS,
AND DESCRIBED AS FOLLOWS:
COMMENCING at Bridge Spike found in the intersection of Grinke Road and the old
Scotland Road for the Southwest corner of Block 27, Halsell Subdivision, as shown on
the plat of record in Volume 49, Page 199, Deed Records; Thence South 84° 28' 30"
West 2,908.0 feet along the center of Grinke Road to the PLACE OF BEGINNING of
this 25 foot wide Easement;
THENCE North 01' 38' East 385.71 feet to a point on the South line of Tract B and the
end of this Easement, a 3/8 inch iron rod found at the Southwest corner of Tract B,
bears South 840 10' West 20.28 feet. The bearings in these Field Notes are based on
magnetic azimuths.
EXHIBIT B
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Attachment B
TEXOMA LAND SURVEYING
870 S. BELL ROAD
IOWA PARK, TEXAS 76367
(940) 691 -9711
March 31, 2000
FIELD NOTES
FIELD NOTES OF THE CENTER LINE OF A 25 FOOT WIDE EASMENT TO
TRACT A, W.C. RR. CO. SURVEY NO. 20, ABSTRACT 854 AS SHOWN ON
THE PLAT OF RECORD IN SLIDE 129 OF THE PLAT FILE CABINET, CLAY
COUNTY PLAT RECORDS, CLAY COUNTY, TEXAS AND DESCRIBED AS
FOLLOWS:
COMMENCING a Bridge Spike found in the intersection of Grinke Road and the old Scotland Road
for the Southwest comer of Block 27, Halsell Subdivision, as shown on the plat of record in Volume
49, Page 199, Deed Records; Thence S 84° 28'30" W 2908.0 feet along the center of Grinke Road
to the PLACE OF BEGINNING of this 25 foot wide Easement;
THENCE N 010 38'E 323.16 feet to a point;
THENCE N 280 20' W 67.13 feet to a point on the South line of Tract A and the end of this
Easement, a 3/8 inch iron rod found at the Southeast corner of tract A bears N 84° 10'E 13.54 feet.
The bearings in these Field Notes are based on magnetic azimuths.
See Attached Plat. AEASE75
Attachment C
TEXOMA LAND SURVEYING
870 S. BELL ROAD
IOWA PARK, TEXAS 76367
(940) 691 -9711
March 31, 2000
FIELD NOTES
FIELD NOTES OF THE CENTER LINE OF A 25 FOOT WIDE EASMENT TO
TRACT B, W.C. RR. CO. SURVEY NO. 20, ABSTRACT 854 AS SHOWN ON
THE PLAT OF RECORD IN SLIDE 129 OF THE PLAT FILE CABINET, CLAY
COUNTY PLAT RECORDS, CLAY COUNTY, TEXAS AND DESCRIBED AS
FOLLOWS:
COMMENCING a Bridge Spike found in the intersection of Grinke Road and the old Scotland Road
for the Southwest comer of Block 27, Halsell Subdivision, as shown on the plat of record in Volume
49, Page 199, Deed Records; Thence S 84° 28'30" W 2908.0 feet along the center of Grinke Road
to the PLACE OF BEGINNING of this 25 foot wide Easement;
THENCE N 010 38' E 385.71 feet to a point on the South line of Tract B and the end of this
Easement, a 3/8 inch iron rod found at the Southwest comer of tract B bears S 84° 10' W 20.28 feet.
The bearings in these Field Notes are based on magnetic azimuths.
See Attached Plat. BEASE75