Ord 042-2004 6/1/2004ORDINANCE NO. j- � CC`-�
ORDINANCE FOR THE PARTIAL CLOSURE OF AN EXISTING UTILITY
EASEMENT IN TWO (2) SEPARATE AREAS CONTAINING
APPROXIMATELY 5003 SQUARE FOOT AS INDICATED IN THE
ATTACHED EXHIBIT "A" AND 911 SQUARE FOOT AS INDICATED IN
EXHIBIT "B "; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW.
WHEREAS, the current property owner has requested the closure of a portion of
utility easements at 3801 Kell in order to proceed with the Sam's Club building
expansion plan; and
WHEREAS, all utility companies and affected City departments have approved or
conditionally approved of the partial closure of the existing utility easements at two
locations totaling approximately 5,914 square foot, and
WHEREAS, the City Council of the City of Wichita Falls, Texas deems it
advisable and in the public interest to close, vacate and abandon those portions of the
easements hereinafter described and subject to the filing of a final re -plat within ninety
days of the date of approval of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE. CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 . That the approximately 5,003 and 911 square foot portions of the
utility easements dedicated on the plat of Lot 3A, Block 9, Burlington —Call Field
Subdivision, an addition to the City of Wichita Falls, are hereby closed, abandoned and
vacated. Said easements are show as indicated on the attached maps, incorporated in
this ordinance as Exhibit "A" and Exhibit "B ".
SECTION 2 . That in consideration of the receipt of three thousand five hundred
forty -nine dollars ($3,549.00), this ordinance shall authorize the City Manager to
execute a quit claim deed for the City's interest in the property. The deed shall be
executed conditioned upon the property owners filing an approved re -plat of the
property in the records of the Wichita County Clerk. This filing shall occur within ninety
(90) days of the date of approval of this ordinance. This ordinance shall be void and
have no effect if said re -plat is not approved and filed within the stipulated time period.
SECTION 3 . It is hereby officially found and determined that the meeting at
which this ordinance was passed was open to the public as required by law.
PASSED AND APPROVED this the 1" day of June, 2004.
A7EST:
City Clerk
EXHIBIT "A"
DAIS 03 -30-04
SCALE: Y - W
LOT 3A
BLOCK 9
602.023 S0. FT.
13.82 ACRES
SAMS REAL ESTATE
VOL. 2005. PG. 459
0. P. R. W. C.
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POINT I OF
LOT 1A
BLOCK 9
POINT OF
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EXHIBIT "B"
DAIS 03 -30-04
SCALE V - EC
LOT IA
BLOCK 9
LOT 3A
BLOCK 9
602.023 S0. ET.
13.82 ACRES
SAMS REAL ESTATE
VOL. 2005, PO, 459
O. P. R. w. c.
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