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Ord 1404 10/19/1945 ORDINANCE N©. AN ORDINANCE CLOSING AND ABANDONING AN ALLEY LOCATED BETWEEN LOTS FIVE (5) , SIX (6) , SEVEN (7) , AND EIGHT (8) OF THE LILLY ADDITION TO THE CITY OF WICHITA FALLS , TEXAS, AND LOT ELEVEN (11) , BLOCK FIVE (5) OF THE FLORAL HEIGHTS ADDITION TO THE CITY OF WICHITA FALLS , TEXAS, WHICH ALLEY IS TO BE CLOSEL} AND ABAND- ONED UP TO THE EASTERLY BOUNDARY OF LOT ELEVEN (11) ,BLOCK ,FIVE(5) , FLORAL HEIGHTS ADDITION TO THE CITY OF WICHITA FALLS, T E X A S The Board of Aldermen of the City of Wichita Falls took up for hearing the application of Mrs. Nellie C. Martin for the closing of the alley between Lots Five (5) , Six (6) , Seven (7) and Light (8) of the Lilly Addition to the City of Wichita Falls and of Eleven (11) , Block Five (5) of the Floral Heights Addition to the City of Wichita. Falls , and after considering the same finds: That such alley has never been in use by the public within the City of Wichita Falls ; that the Petitioner, Mrs. Nellie C. Martin, owns the property located on both sides of said alley, and that it would be in the interest of public safety, convenience, necessity and welfare of the citizens of Wichita Falls if said alley be closed; NOW, THEREFORE, be it ordained by the Board of Aldermen of the City of Wichita Falls , Texas: I. That that portion of the alley dedicated by J. W. Duval under date of August 13 , 1912, in which he platted the Lilly Addition to the City of Wichita Falls , which plat and dedication was filed for record on August 15, 1912, in which he dedicated the streets and alleys to the public use, and which is described as follows: Be inning at the Northwest corner of Lot No. Eight (8� in Block One (1) of the Lilly Addition to the City of Wichita Falls ; thence in a Northerly direc- tion parallel with Harrison Street 10 feet to the Southwest corner of Lot No. Eleven (11) in Block No. Five (5) of the Floral Heights Addition to the City of Wichita Falls , Texas; thence in an Easterly direction with the South line of Lot Eleven (11) above described, 190 feet to the Southeast corner of Lot Eleven (11) above described; thence South 10 feet to the North boundary of Lot Five (5) above described; thence West 190 feet with the North line of Lots Five (5) , Six (6) , Seven (7) and Eight (8) of the Lilly Addition, to the place of beginning; be, and is hereby closed and abandoned, except there is reserved to the City of Wichita Falls the right of ingress and egress, to it, its agents, servants and employees for the purpose of repairing, maintaining, correcting, laying or relaying any sewer line , or other utility across or on such alley, or the space so closed or abandoned. PASSED AND APPROVED, this day of October, 1945. ayor ATTEST: City Clerk i T." TH 6LF.i.ET j BLOWK No.5 FLORAL HEIGHTS ADDITION ALLEY 19e ?0 LOT No.9 _ 4 1 L 0 T :1o.1J '0, , o M 0T No.11 � i � I i 13.LOUZ 14o.1 o LILLY DITION OT LOT .7 1+0.6 i 6G 50 In ELEVENTH STREET S0�i 1"-60' LAW OFFICES OTIS E.NELSON NELSON,MONTGOMERY & ROBERTSON ALLAN D.MONTGOMERY HAMILTON BUILDING ERNEST ROBERTSON WICHITA FALLS,TEXAS September 19, 1945 Mr. George Fairtrace Manager of the City of Wichita Falls Wichita Falls , Texas Dear Mr. Fairtrace: This will confirm our conversation with reference to closing the ten-foot alley back of Lots 5, 6, 7 and in Block 1 of the Lilly Addition to the City of Wichita Falls , Texas. I am enclosing herewith a proposed ordinance which I will appreciate your presenting to the City Council at the next meeting. I attach hereto a photostatic copy of a map showing the location of the alley and the area to be closed. I shall subsequently send you a letter signed by the man who owns Lot 5, Block 1 of the Lilly Addition, which will evidence his consent to the closing of that por- tion of the alley. For your information, it is my understanding that the alley has been closed for some twenty or more years. I have no information that it was ever used. There is a possibility of course that title may be good by limitation, but we would prefer to have the City Council adopt an ordi- nance. Yours very truly, OTIS E. NELSON OEN :R Encls-2 C C: Mr. Jack Martin Wichita Falls, Texas Mr. T. A. Hicks ,!ichita Falls, Texas LAW OFFICES OTIS E.NELSON NELSON,MONTGOMERY & ROBERTSON ALLAN 0.MONTGOMERY HAMILTON BUILDING ERNEST ROBERTSON WICHITA FALLS,TEXAS September 26 , 1945 Mr. George D. Fairtrace Manager of the City of Wichita Falls Wichita Falls , Texas Dear Mr. Fairtrace: In connection with the application of Mrs. Nellie C. Martin made to close the alley back of Lots 5, 6 , 7, and 8 in Block 1, Lilly Addition, I an enclosing a letter from H. G. Ellis and wife who own Lot 5, and a letter from Moral Rogers who now owns the Martin home. Yours very truly, OTIS E. NELSON OEN:R Encls-2 Wichita Falls , Texas September 19, 1945 To The mayor and Board of Aldermen City of Wichita Falls Wichita Falls , Texas Gentlemen: It is my understanding that Mrs. Nellie C. Martin has asked that the ten-foot alley back of Lots 5, 6, 7 and s of Block 1 of the Lilly Addition to the City of Wichita Falls be closed up to the point where it intersects with a twenty- foot alley running north and south. I have no objection to the Citys closing tnis alley, and would 'be glad for you to pass an ordinance closing it. Yours very truly, Wichita Falls, Texas September 19, 1945 To The Honorable Mayor and City Council City of Wichita Falls Wichita Falls ,Texas Gentlemen: I understand that Mrs. Nellie C. Martin has made application to you for the purpose of having you enact an 6, 7 and closing 8, Block 1, Lilly Addition of alley back o Lots 5, Addition too the City 7 of Wichita Falls , Texas. I have acquired the Martin property, and like- wise request that this ordinance be enacted. Yours very truly, MORAL RO GERS MR:mj LAW OFFICES OTIS E.NELSON NELSON,MONTGOMERY S ROBERTSON ALLAN D.MONTGOMERY HAMILTON BUILDING ERNEST ROBERTSON WICHITA FALLS,TEXAS Sept ember 20, 1945 Mr. George D. Fairtrace, Manager City of Wichita Falls , Wichita Falls, Texas Dear Mr. Fairtrace: In drawing the ordinance closing the ten-foot alley on Harrison Street , I got my various additions mixed up. It appears that Lot Eleven (11) , whicn I des- cribed as being a part of Block One (1) of the Lilly Addition, is actually a part of Block Five (5) of the Floral Heights Add.iti6n. I have, therefore, redrawn the ordinance cor- rectly describing the alley to be closed, and enclose it herewith. I would appreciate your substituting this ordinance for the one I sent you yesterday. Yours very truly, OTIS E. NELSON OEN :R Encl. CC: Mr. Jack Martin 909-1/2 Scott Avenue Wichita Falls, Texas Mr. T. A. Hicks Attorney at Law Staley Building Wichita Falls,Texas