Res 132-2007 8/21/2007 RESOLUTION NO. �3�-�..�'`I
RESOLUTION GRANTING AN ACCESS EASEMENT, UNDERGROUND
EASEMENT, AND EQUIPMENT EASEMENT LOCATED OUT OF THE DAY
LAND AND CATTLE CO. SURVEY NO. 1, A-619, SAID EASEMENT ALSO
BEING OUT OF THAT 9,995.47 SQ FT TRACT OF LAND CONVEYED TO THE
CITY OF WICHITA FALLS AS RECORDED IN VOLUME 1855, PAGE 374,
WICHITA COUNTY PLAT RECORDS TO SOUTHWESTERN BELL
TELEPHONE LP DBA AT&T MORE SPECIFICALLY DESCRIBED AND IN THE
ATTACHED EXHIBIT "A" SURVEY 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 equipment station, access
easement and underground easement; and
WHEREAS, all affected City departments have been notified and approved; and
WHEREAS, the cost of the easements 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 easements herein indicated in
Exhibit "A".
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 easement as
indicated on the attached Exhibit "A" and Exhibit "C" in consideration of four thousand
five hundred and fifty-five dollars ($4,555.00) with the resolution authorizing the City
manager to execute said easements 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 21 day of August, 2007.
M YOR
ATTEST:
Clerk
EXHIBIT "A"
� at&t
RES # 6224807 sw-eaas-o-,
(6-05)
EASEMENT FOR EQUIPMENT STATIONS
THIS EASEMENT, entered into by the undersigned, CITY OF WiCHITA FALLS herein referred to as,
GRANTORS, and SOUTHWESTERN BELI TELEPHONE, L.P., a Texas Limited Partnership d/b/a AT&T
Texas, GRANTEE, wherein GRANTORS, in consideration of the sum of Ten and Nd100 Doflars ($10.00), and
other valuable consideraGon, receipt of which is hereby acknowledged, do by these presents GRANT,
BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its affiliates, successors and assigns, a
pertnanent right and easement to conshuct, operate, maintain, repair, inspect, replace, enlarge, fence and
remove equipment stations and lines for the transmission of signals used in the provision of communication,
video, and infortnation services, and all appurtenances thereto, as may be required by Grantee from time to
time, upon the following described land situated in Wichita County, Texas, and described as follows:
Being a tract oi land situated out of Block 18, Denton Counry School Land, League 1, and also
being out of a tract o/ land conveyed to the Ciry of Wrchita Falls as described in Volume 1798,
Page 610, Officia/ Public Recort/s Wichda County, said easement 6eing more particularly
described in Exhibit A"attached hereto and made a part hereoi.
TO HAVE AND TO HOLD the same, together with all rights and appurtenances to the same belonging,
unto Grantee, its successors and assigns forever, including (t) the right to connect said stations with the
Grantee's communications systems by means of aerial and underground cables, and wires, (2) the right to
enclose said land with a fence, (3) the right oi ingress and egress to and from said stations, (4) the right to
construct, operete and maintain, or license others to do so, service lines for electric power and telephone and
(5) to clear and keep Geared all Vees, overhanging branches, roots brush and other obstructions from said
land.
Grantors covenant that they and their heirs, successors, administrators and assigns, shall and will
WARRANT AND DEFEND the title to the premises unto the said Grantee, and to its successors and assigns
forever against the lawFul claims of all persons whomscever; and further that the Grantee, its successors and
assigns, may quietly enjoy the premises for the uses herein stated. Grantors warra�t that lhey have no
know�edge of environmental hazards affecting the land, except thosa disGosed to Grantee. Grantors agree to
hold Grantee harmless fw liability arising from undisclosed environmental hazards.
Signed and executed this day of , 200_.
CITY OF WICHITA FALLS
c�mre1
By
�w��� �e�
i�na,
ACKNOWLEDGMENT
THE STATE OF TEXAS
�
n�
o�
y
� °_°_°_ � )
�,_�_�_°—°_°—°—°—° d ..
��
,, .., ..
0
,�
,o— ..
� � "
�°
� �REE� �o� ar � .p.�. �� � �
P o �a �� �0.���, ` o
� ��
GR ,�° ,,�• ,.R. .�,
�G o i , �.�. sas�o'oo �gn
���/ (s � W ����� \ \�� � � ~
� o
o ,�� g(g 2(Y ACCESS EASEMENT ��� LACE OF "�
, � o \�p�ppgpj ° + BEqNNING �
� I ��\ �� �`� ACCESS
��� g ,\ w \\ 53.49 � E,4SEMENT p
� 89�0'00'w y1111 �
i . ' i�» �� zaoo' a�-o'o�o�e ,�r�R. r
/ o i/1' ta ��/ �/2' �.R. (�
0 077 a�WTl1 iN13 (S['T) ♦ i1
o� v0� te4 P¢ J�4 W� 3 � y: p"� ��589'30�OO�E �
n,Raa l � �`� j d� /77 7 '(s�n� O
S�� g`�ig �� , 83�
�' � / s �w
a i �, � �" „ � � � 'ro`
_ ti _ o _ o _ a_a_e_o—o—o—o! � Q_D_ o ��
a—e—o p-_p
OE �
OE � °NE °NE e n �t�Y I.R �� N�'30'00'M� "
� ' � .s �� N69'30'00'Mf �� 25.00' • � !� `, �µ
, 20.00' � PUCE OF �$$ � N8930�00 W PLACE OF
I 1 A" I BEGINNING I t� � 27.ss' BEGINNING
' ���*+� � Esrts �na EQl11PMENT � g� I r� EASE��
��� STE
, w►. � 4t� EASEMENT ' I
iEYENT DESCRIPITON: rATiD1(FNR' F�lS�1T DFS�R[P1ION:
�r nc n►v ��un u+n P.�rn F CO. AN F�SEMENT BEING OUT OF 7HE DAY LAND AND CAT11.E CO•
EXHIBIT "A"
(CONTINUED)
�0���� EASEI[E��T DESC�iIP'TIOI�t
AN EASEi�IENT HEING OUT . OF THE ..OAY UND ANO CATTI.E C0.
SURYEY N0. 1, A-619, SIUD �ASEMENT I►LSO BEING OUT OF
7H�T 9,�95 Sou�aE FOoT 1R�C� OF Vwo t�V�rED To n�E
qTY OF 1MCHlTA fALL� AS R�OORDEO tN V�OI.UAAE 1855. PAGE
374, OFFlC11u. PUBUC RECOROS MACkITA CpUNTY;
BEqNNING AT A 1/2 MICH fRON ROD IN 7HE NORTH UNE OF l4T
1, ESTES ADDiT10N� AN AODI110N � TO THE CiTY OF 1Mqi1TA FALLS
AS REOORDED IN V�OlU1�AE 689� PAGE 4a 1� MACHiTA COUNTY PLAT
RECOROS, SAlD ROD BEARS NORTH 89�0'00' WEST 27.95 FEET
FROM TME NORTHEAST CORNER QF SAiD tOT 1 fOR SOUTHEAST
C;ORNER OF THIS EASEI�ENT;
TNENCE ALONG THE NORTH UNE OF SAIO IAT 1. NORTH
89�0'00' WEST ZS.00 FEET TO A 1/2 INCN tRON ROD F4R 1NE
SOUTNWEST CORNER OF THIS EASEI�AENT;
THENCE t„EIIIANG THE NORTN UNE OF SAID �OT 1. NORTH
0030'00" EAST 28.28 F'EET TO A 1/2 INCH IRON ROD FOR THE
NORTHWEST CORNER OF THtS EA�lENT;
n�ac� soun� ss '3Q'00" EAST Z5.40 FEET TO A 1/2 tNCH IRON
ROb FOR TME NORTHEAST CORNER OF THiS EASEMENT;
TMaNCE souTM o0 '30'00' WEST 28.26 fEET �0 THE PUCE OF
BEGINNING AND CONTIVNING �06.83 SQUARE FEET UF t.�►ND.
1�14RE Oi2 LESS.
EXHIBIT "A"
(CONTINUED)
���' ' S E.�,S��ENT DES��3�.��-'
/W EASE1�tENT B�JNG �tJT OF T�tE DAY W�IQ AND CATTLE C0.
SURNEY N0. 1. A-619, SAfO EASEAitENT I►�-SO 8E1NG OUT OF
THAT 9.995.47 SOUARE FOOT 'TRACT OF UNO CONVEYED 70 THE
C�TY 0� WICHlTA FALi.S. AS RECORDED IN V4LUME i855. PAGE
374, OFFlpAL PUBLiC RECORDS WICHITA COUNTY:
BEdNNING AT A 1/2 INCt�I iRON ROD fA� THE MYEST
RIGHT-0�'—WAY UriIE OF TAFT 80U1.fVARD SAID tRON ROD 8EAR5
NORTH 01'34'55' EAST 28.28 FEET fROM 7NE NOR�HEAS;
CORNER OF LOT 1, ES1E5 AIXHTiON. AN ADDtTiON T4 J1iE qTY
OF YMCHITA FALLS AS RECORDED iN VQ�Ui�AE 889. PAGE 41'!,
MA(�iiTA �OUNTY Pt..lh7 REOORDS, SA� i�tOD AL50 BEM1G 'R�tE
SOU7HEAST OORt1ER Of' THIS EASE#AENT;
TH}�ICE At„pNG �HE ALONG 1NE 1MEST RIGHT—OF—WAY .LtNE OF
1'AFT 80llLEVIrR� AND ALONG /1 �JRVE 'fi0 7'HE I.EF't HAVING A
! RA[)tUS OF �43g.20 FEET 1W ARC �tST/INCE OF �U.00 FEET. THE
! �ONG CNiDRD #3F SAtD CURVE BEJlRS 50U1H 0�'19'40" WEST 20.00
�' FEET TO A t/�lNCH IttON R00 ftlR THE MOrST EAST'ERI.Y
' S0117HEASt C ER OF TH1S EASEMENT;
'�}{p�ICE LEl1VING THE WEST RIGHT—OF--WAY LlNE OF TAFT
80UL�VAl20� NO�i1�i d9'30'00" WE'ST 53.49 fEE? TD A 1/2 INCH
iRON ROD FEXt MI iNTERit)R CORNER OF �NiS EASEMENT;
TMENt;E SOU�N pp'30�00" WEST 28.28 fEET TD A 1 2 INCH IR(?N
R00 IN THE 1NEST NOR'tH UNE OF SI►ID l0T 1, ES ,ADOI�iON ,
FOR 'tHE I�AOST SOIJTHERLY SOUTHEAST C�UR,NER (�' SH1S
EASEI�IENT, .
hfiENCE 11t.ONG ZHE :NORTFI UNE OF SAIO LOT 1. NORTH
89��00` WEST 20.OA FEET t0 A 1 f 2 INCH IRON ROD FOR 1NE
Ir10ST SOU'tMfRtY SOUI?iWEST �ORNER 0� 1HiS E/l5EI�AENT:
'tHENC LEAVING TFiE NORTM UNE OF SAIO LOT 1. NOR�Fi
pp'3p'00" EAST 28.28 �'EET TO A 1/2 iNCH tRON ROD FOR AN
INTERIOR CORNER OF THiS EASEMENT;
�N pR TME SOUTHNlEST C�ORNER OF j}qS
R00 f .
Ef1S'f.biENT;
tHENCE NOR7H 00r'30�00' EAS7 20.00 FEET TO A i/2 INCM IRON
R00 FOR THE NORTHWEST CORf�R OF THlS EASEMENT:
'tHENCE SOUTH 89'30'00' EAST 93.77' FEET TO TNE PLACE OF
�GINNIi�lG AND OONTI4NtNG 2438.2i SQUARE FEE'f OF UND.
1AORE OR !.E'SS.
EXHIBIT "A"
(CONTINUED)
L�ER� RQ D EMENT,,.��,.� : •
AN EASEMENT �lE1NG OUT OF TME� OAY LANi3 AND �ATTtE C0.
SURVEY N0. 1. A-619. SIIiD EAS�fir1ENT ALSO �G tIIJT OF
THAT 9.995.47 SQUARE � f00T �'RA�'T OF LAND GO�IVEYED TO THE
qTY OF MIICMt7A FALLS. AS R£COR[�EU 1N V�Ot.tArtE 1855. PAGE
374. t)FFICIAL PU�UC RECORDS �MNC'HtTA OOUNTY:
BEqNNING AT 11 4/2 INCN iRON �tDD iN THE WEST
RlGH'�—OF—WAY LN�E OF TAF`T BIOElLEVA� AND @�NG THE
NORTHEAST CCIRNER OF LOT 1, ESTES AD�tT�ON. �1N JIDOIT�ON
T+p THE pTY OF �YICHITA fALl.S AS �CORDED �1 1�OLUME 689,
PAGE 411, wlCt�1TA Ct�IfNTY PL,�T REt�� S�UD ROD; AlSO
BEiNG 1HE S4U`�lE�tST. C� C�' 1HlS ElISE�AENT; `
THENCE A1.ONG THE NOR.TH l.�NE OF SAID LOT 1. NOR�M
89'30'00" WEST 3i.95 FEET �0 A�/2 INCN tRON R00: FOR T�iE
SOUTNWEST CORl�iER OF THIS EJ1�E1�+tENT; '
1HENCE l.FAiAN� "tHE NORZH t1NE 0�' SrAlD LOT 1� NO�iTN
00'3Q'00" EAST 15.00. FE�T ln �► 1 fZ �CH 1itON ROD FOR 11iE
NOR'rMWEST t�RNER OF' THtS EASE�AENt;
n�rrcE souTM a� '30'00' EAST �8.25 F�ET T4 A 1/Z iNCH IRON
ROD IN 7HE WEST R�t�HT�OF-M�AY t�lNE Of tAF'T B01ltfVARi� FOR
THE NORTHEAST CORNER OF THtS E�ISEI�ENT;
THEJdCE J►LONG THE yllESY RlGNT—d�'--WAY lJI�lE OF TAF7
BOUI.EVwRD AND Al�01�1G A�VE T� THE LEFT H�►VlNG A RAOiUS
OF 5439.24, AN ARC �ISTANt� OF. 15.�0 f'EET, IHE l.ONG CNC1R0
OF SAiO CIJRVE BEARS 50V'11�i 01�9't�7" WEST 15.� FEEfi. TO
THE pt,ACE QF �pNNM16 AND O�JTAINlNG 421.59 SQUARE FEET
OF LAND, MORE OR IESS.
.
� � � _ `\\� __�
�
,
,
, �
, , u
, � � � � ��
� �. � �. � ^� �� �
� �; �� ���� �
,� �
� ' � � '
� ";. �' � " . . , i� ,� F .F� . -_. ---�—
a
' . , ,,.. : . i
��».� I
� Y '\ ' q'N S � - � ` � � � �,� L'dUIS J
. � , � - _
r �� hN `'` -
� R
�, ; ..; � f �t s �� k �" if, Z�
C '
�� n
* � F .r O �
� � ' ���� z
q EL' WQdD- �� D
CI _� ��' . � �� � � �
� A
_ TEE PEE DR �
� ��'a+. W � �
� , �o. > - I•,•I
A � � W
�
� o " � A m I S COUNCII DR y
A 1 � � I � I �
� �y ^
n � n
o. o m z y �
� A —io r—IIV+— ir O 3 v
�p t�X � � C - A v
TAFT BLND = '
_ 70 _ —
�� -
2 �
�
A10 /yTE i �p 7�0
G � �R v�i "� '_
bl
� -- �- � O -i � --
. -�. i � ., ( , � �
1S.tlt1J►1N`d NAS _ p � �'
R _ �
�
O � � �
Rtfly� E• T �� , � �� �
� , � � �c ,
� � �< �
�
�H � � BA� ST � �y(�e� � �
� �� � ,
Mi�
_ s
- a
9o��lae� _ � ` �
��,� Z��_l .
�
�.
i
�� _