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Ord 098-2003 10/7/20030 ORDINANCE NO. qR- X03 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, CLOSING, VACATING, AND ABANDONING APPROXIMATELY A 22 SQUARE FOOT AREA OF A 50 FOOT WIDE RAW WATER LINE EASEMENT LOCATED AT 5014 BAYBERRY DRIVE, WICHITA FALLS, WICHITA COUNTY, TEXAS; ALSO KNOWN AS LOT 55 -A, BLOCK 7, SUMMERFIELD ESTATES 5 -13; 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 a raw water line easement at 5014 Bayberry Drive due to the fact that a corner of his home has been built in the easement; and WHEREAS, the Director of Public Works and the City Engineer have approved the approximately 22 square foot partial closure of the existing 50 -foot easement; 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 that portion of the easement hereinafter described 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. The approximately 22 square foot portion of the 50 -foot wide raw water line easement currently encroached upon and dedicated on the plat of Lot 55 -A, Block 7, Summerfield Estates, an addition to the City of Wichita Falls, is hereby closed, abandoned and vacated. Said easement is shown as indicated on the attached map and property description, incorporated in this ordinance as Attachments "A" and "B," respectively. SECTION 2. In consideration of the receipt of One Thousand ($1,000.00) Dollars, this ordinance shall authorize the City Manager to execute a quitclaim 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 7t" day of October, 2003. ATTEST I ti Clerk I ATTACHMENT "A" 3� � . -e Lr--jl 1 � Cµ N flue S +ewe IDrw t ATTACHMENT "B" Field notes of a 22.0 square foot tract of land out of Lot 55 -A, Block 7, Summerfield Estates, Unit 5 -B, an addition to Wichita Falls, Texas, as recorded in Volume 27, Page 638 of the Wichita County Plat Records, and more particularly described by metes and bounds as follows: BEGINNING at the Southeast corner of the house located on said Lot 55 -A, which bears N 16° 57' E a distance of 59.0 feet and N 73° 03' W a distance of 30.4 feet from the Southeast corner of said Lot 55 -A; THENCE N 16° 57' E with the East wall of the house a distance of 5.0 feet to its intersection with the North line of a 50.0 foot wide waterline easement; THENCE S 76° 27'W with the North line of said waterline easement a distance of 10.1 feet to its intersection with the South wall of the house; THENCE S 73° 03' E with the South wall of the house a distance of 8.8 feet to the PLACE OF BEGINNING and containing 22.0 square feet of land.