Res 099-2008 7/1/2008 RESOLUTION NO. �� -��
RESOLUTION GRANTING A 600 SQUARE FOOT EASEMENT LOCATED
ACROSS AVENUE M BETWEEN 2213 GRANT STREET AND 2301 GRANT
STREET TO DILTZ FAMILY HOLDINGS, LLC MORE SPECIFICALLY
DESCRIBED IN THE ATTACHED EXHIBIT "A" AND EXHIBIT "B"; FINDING
AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, a request has been received to grant a utility easement; and
WHEREAS, atl affected City departments have been notified and approved; and
WHEREAS, the cost of the utility easement is on deposit with the Property
Administration Office pending approval; and
WHEREAS, The City Council of the City Wichita Falls, Texas deems it
reasonable and in the best public interest to grant said utility easement herein indicated
in Exhibit "A" and Exhibit "B".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City of Wichita Falls shall grant the following utility easement
as indicated on the attached Exhibit "A" and Exhibit "B" in consideration of one thousand
dollars and no/100 ($1,000.00) with the resolution authorizing the City manager to
execute said easement Exhibit "A".
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 1 day of July, 2008.
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R PRO-TEM
ATTEST:
�-�—_
ity Clerk
EXHIBIT "A"
UTIIITY EASEMENT
STATE OF TEXAS }
COUNTY OF YYICHITA }
KNOW ALL MEN BY 7HESE PRESENTS, that the City of Wichita Fails, Texas, a municipal
corporaGon, hereafter referred to as Grantor, for and in consideration of Ten and NN100 Doliars (510.00),
and other good and valuable consideration to Grantor, the receipt of which is hereby acknowledged, does
by thesc presents grani, bargain, seit and convey unto Diltz Family Holdings, LLC, a Texas limited
liabflity corporation, hereinafter calied Grentee, its succe&sors and assigns, an easement for underground
private utilities being in, along, upon and across the following described property in the County of Wichita,
State of Texas, and being more particularly described by metes end bounds as toliows, to wit:
An ten foot-wide easement across a portion of Avenue M, a dedicated 60 foot-wide street, lying
between Blocks 4A and 5A, Hightand Addidon, an addition to the City of Wichita faiis as recorded
in Vofume 1, Pages 23 through 26, Wichita County Piat Recor�ds, said easement being fnre feet
either side of the following described centeriine, to wiL
Commencing from a'h inch iron rod fa the northeast comer of Lot 18A, Bbck 5A, Highiand
Addition, a repiat of Lots 18 and 19, as recorded in Volume 22, Page 84, Wichita County Piat
Records:
Thence abng the northeast tine of said Lot 1$A and ihe southwest right-of-way fine of Avenue M,
North 63°39'10" East t6.12 feet W a point for the Place of Beginning of the centerline of this
easement;
Thence across Avenue M, NoRh 26°20'S0' East 80.00 feet to tha pant of termination of the
herein described cente�iine iying in the northeast right-of-way line ot Avenue M and i� the
southwest tine of Lot 9-A, Block 4A, Highland Addition, a reptat of Lots 9-73, as recorded irt
Volume 24, Page 198, Wichita Counry Piat Records, said easement containing 0.014 acre (600
S.F.) of land, more or less.
This easement is granted for the purpose of conSVucting and maintaining private udlity facilities along,
upon and across said premises. The Grantee shaii be responsible to proiect and preserve Grantofs
street and utility improvements as such may exist and Grentee shall be responsibfe for any and all
damage done to Grantor's public improvements caused by constructio� and maintenance of Grantee's
private utifity facitities.
TO HAVE AND HOLD tor said purposes, together with ai! and singular the rights, privileges, and
appurtena�ces thereto in any manner bebnging unto said Grantee forever.
IN WITNESS WHEREOF, Grantw has caused this instrument to be execut�d on this !he
day of , 2008.
C17Y OF WICHITA FALLS
By:
Darron Leiker, City Manager
ATTEST:
By:
Lydia Ozuna, City Secretary
CORPORA7E ACKNOWIEDGflMENT
STATE OF TEXAS }
COUNTY OF WICHITA }
This instrument was acknowledged before me on � Z�B�
by Mr. Darron Leiker, City Manager of the Ciry of Wichiia Palis, Texas, a municipal corporation, on behalf
of said corporation.
Natary Pubtic's Signature
WHEN RECORDED PtEASE RETURN TO: City of Wichita Faifs
Property Administratw
P. O. Box 1431
Wichita Falls, Te�cas 76307
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LOT 9-A, BIOCK 4-A
HIGHk.ANQ ADD1110N
BASLS OF E�EARINGS: Yd. 24. P9. 148. W.C.P.R. � vh r
OLTZ FA10.Y Nd.Cl�G6� 41t YrG� 8 7 E4 �-f'
NOR7H 2B'S4'00 EAST FOR wot �au, ry. 1oe. arRr�c. �; e�' +� 0'4
q2ANi STREET PFR TF1E PLAT
OF HIGHlANO ADOITION. 4y�. MAflT}N LITTEKEN, JR.
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MIpiLANO AOO�n�N
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030025-tAMG t•20 (94fJ) 322-5450