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Res 131-2007 8/21/2007 . � RESOLUTION NO. 13 � — ��`7 RESOLUTION GRANTING A 25 X 25 FOOT EASEMENT LOCATED AT 4400 BARNETT ROAD, ALSO KNOWN AS 0.224 ACRES OUT OF BLOCK 18, DENTON COUNTY SCHOOL LAND, AN ADDITION TO THE CITY OF WICHITA FALLS AS RECORDED IN VOLUME 1798 PAGE 610, 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 an easement; and WHEREAS, all affected City departments have been notified and approved; and WHEREAS, the cost of the 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 easement 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 "B" in consideration of three thousand one hundred twenty-five dollars and no/100 ($3,125.00) with the resolution authorizing the City manager to execute said easement Exhibit "A". SECTION 2. It is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law. PASSED AND APPROVED this the 21 day of August, 2007. �� MAYOR ATTEST: � �ty Clerk . .l EXHIBIT "A" u at&t RES # 6224807 SW-6336-O-t �s-os� EASEMENT FOR EQUIPMENT STATIONS THIS EASEMENT, entered into by the undersigned, CITY OF WICHITA FALLS herein referred to as, GRANTORS, and SOUTHWESTERN BELL TELEPHONE, l.P., a Texas Limited Partnership d/b/a AT&T Texas, GRANTEE, wherein GRANTORS, in consideration of the sum of Ten and No/100 Doflars ($f 0.00), and other valuabie consideration, receipt of which is hereby acknowledged, do by these presents GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto GRANTEE, its a�liates, successors and assigns, a permanent right and easement to construct, 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 information 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 iract of land situated out of Block 18, Denton County Schoo/ Land, League 1, and also being out of a hact of land conveyed to the City of Wichita Falls as described in Volume 1798, Page 610, O�cial Public Records Wichita County, said easement being more particularly described in Exhi6it A" attached hereto and made a part hereof. TO HAVE AND TO HOLD the same, together with all rights and appurtenances to the same belonging, unto Grantee, its successors and assigns forever, inGuding (1) the right to connect said stations with the Grantee's communications systems by means of aerial and underground cabies, and wires, (2) the right to enclose said land with a fence, (3) the right of ingress and egress to and from said stations, (4) the right to construct, operate and maintain, or license others to do so, service lines for electric power and telephone and (5) to clear and keep cleared all trees, ovefianging 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 whomsoever; and further that the Grentee, its successors and assigns, may quietly enjoy the premises for the uses herein stated. Grantors warcant that they have no knowledge of environmental hazards affecting the land, except those disclosed to Grantee. Grantors agree to hold Grantee harmless for tiability arising from undisclosed environmental hazards. Signed and executed this day of , 200_ CITY OF WICHITA FALLS (signaNre) By (print name) � (ane) ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personalty appeared known to me to be the person_ whose name is/are subscribed to the foregoing instrument as of and acknowledged to me that he executed the same for purposes and considerations therein expressed in the capacity stated, and as the act and deed of said entity. Given under my hand and seal of office this the day of , A.D. 200 . Notary Public in and for the State of Texas My Commission Expires - ---- _..__ �---- - . _____..� . _..._.. __ _....�...,,,� . . L ;c/?, h,-t �� ,, � / ~� .� � one — a+e FLOODPLAIN INFOR�[ATION: BAS(S OF BEARINGS: 7HIS iLAOD STAI�MDIT (� a vno,�a Foa sout►� 007�'00 YYEST FOR THE N 89'43'00" E �aau N�eu� vus+os�s o�r ivo n WEST RIGHT—OF—WAY L1NE OF �/ �.n. � �/�• i .n. e�n an a�nr �v�pae�E Nsnnir�noN BARNETT ROAO. �� _ 25.00 _ �� nu►r is a�cr m a� oocs rar --- wrtr nur n+e n�aPe�ar ,u��s sn�ucwacs Z I � n+rn�on w� ee �c � ft000N+e on n.000 o�w�c�: ivo M sfNt nor c�►� O g �� T � � r � � o � 25'x25' ESM7. �� uE wtl�l THE lPEp1� i�,ppp 1/A��qp p1�A� 0�I I (PROPOSED) p v IM�OAIED SY 100 1RI1R F1AOD AS DEl1tAlED � O I O S ON 1MAT ftA� RIN�IANCE RAIE YAP FCR ' I M��IB�7� T � ��E PUBU9IFD BY ! � � liff ftDOiAL Y IIANA�I�F]iT Af�HCY � �*1 NO DAIED .w� �0. smo - PNT. FGR �- — — — � — mfE _� ' CORNEl1 �� S 89�43�� W 1/Z" LR ��PO � 2s.00� c�n ' � � RP` �� °� �� T �", e PLACE OF ^ � Q • � aP•"�"'•G BEGINNING � � � O � A �' � � O v W �. � � � � � �� ~ z � � � F �� Z � � 'i?�� \ � � � I�i " vNr. Fan �I W �"� � 0 80' IRRICA710N CHANNEC 5 � � EASEMENT 7 � / ^ $ / / o� � / � � �O� 1 � � � �ONpp c o � \ \ �� ►'EAt / 1 r � \ `�� / I � V � \� �\ I � U I . � � �O• ��o i.�. � I \ lij� \ V � BR/ARGATE ESTATES, SEC7�ON 1�� c" �o I I � BLOCK 1 � � �l �o� � \ ` � ( LOT 3 \ � � �\ � \ EA�EMENT DESCRIPTION: \ � � � �� AN EASEMENT OUT OF BLOCK 18, DENTON COUNTY SCHOOL LAND, � � ° LEAGUE 1, AND ALSO BEING WT OF A TRACT OF LANO CONVEYED TO `�` �o_ SBC ��y � THE CITY OF WICHITA FALLS AS OESCRIBED IN VOLUME 1796, PAGE 610, � \ 80X (Fna.) OFFIGAL PUBLIC RECORDS YNCHiTA COUNTY, SAIO EASEMENT BEING `�� MORE SPECIFlCALIY DESCR18E0 BY METES AND BOUNOS AS FOLLOWS; o � BEG�NNING AT A 1/2 INCH IRON ROD IN THE WEST RIGHT—OF—WAY LINE �b OF BARNETT ROAD FOR THE SOUTNEAST CORNER Of 1NIS DESCRIPTION, I SAID IRON BEARS NORTH 00'17'00" WEST 127.27 FEET FROM THE MOST ) �(Fnaj EASTERLY NORTHEAST CORNER OF LOT 3, BIOCK 1, BRIARGATE � ES7ATE5, SEC110N 1, AN AOOITION TO THE CITY OF WICHITA FALIS, � TEXAS. AS RECORDED IN VOLUME 22, PAGES 114 AND 115, IMCHITA � COUNTY PLAT RECORDS; � THENCE LEAVING THE WEST RIGHT—OF—WAY LINE OF BARNETT ROAO, /// /� �' SOUTH 89'43'00' WEST 25.00 FEET TO A 1/2 INCH IRON ROD FOR THE / �� SOUTHWEST CORNER OF THIS DESCRIPTION i�� J /� THENCE NORTN 00'17'00' WEST 25.00 FEET TO A 1/2 INCH IRON ROD � �� I � �� I FOR THE NORTHW£ST CORNER OF THIS DESCRIPTION; / o TNENCE NORTH 89'43�00' EAST 25.00 FEET TO A t/2 INCH IRON ROD / ' IN THE WEST RIGHT—OF—WAY UNE OF BARNETT ROAD FOR THE NORTHEAST CORNER OF THIS DESCRIPTION; THENCE ALONG THE WEST RIGHT—OF—WAY LINE OF BARNETT ROAD, SOUTH 00'17'00� EAST 25.00 FEET TO THE PLACE OF BEqNNING AND CONTAINING fi25 SQUARE FEET OF LAND, MORE OR LESS. ,^� SURVEY PERFORMED EXPRESSLY FOR iHE BENEFlT OF: ATQcT � COPYR/GN7 2007, CORNERSTON£ ENCINE£R/NC, LLP, ALL RlCNTS R£SERVEO v .� v A W �C�G•� 1 �ERF �I' i""'°r °"ug' un nx"""'r °r r'�' o"°"tr i°°°�'° °i 4400 BARNETT ROAO E -� � Q . : • G o'•• � z � � :._ . e.na aoa,y e..o,e.a BY METES ANO BOUNDS ABOVE OUT OF ,�, 18 � F �c _ .... , G . .•1TN DENTON CWNTY SCHOOL LANDS SURVEY, WICHITA FALLS NACHITA COUN7Y 1EXAS z .c O�VIN . ...SM••v:• .. ,o. moa. o� in. ow�ac nw.w�u u» rooe. a.,e o� en� um. of 1M vrN�{ a�0 M+MIsNI� oomplN� MM tlu wrtwN T�aw SotMIY d WMrMenal 9urv�yon � � , �: . A R ..5 g q9 a �P�0 see�eva sp.wn��. w. e ca.�o. 1 8 . ca,a� �� s,�.�. a oe aw u» 31'� a ,�, a MAY , p07 � .... � � �FESS� `\ W 9 �� 5 U«`�� C._, ✓d�. �� a DEVIN G. SMITH K8H WC 2406 KELL BOULEVARO L � NpW�nO R�d�lpnd Lsq 7lrqyor Np 5849 � YNCHITA FALLS, TFXAS 76309 ' � � �70192—O.DWG 1=20 Sed ,•� 20' (940) 322-6450 � .� EXHIBIT "B" " � � w 5 o � � ��Yri y z Q Y 5 � »O � / i � J � L ` u � P � AY �� C Np JNQ .� . N �� CROWN-RIDGEDR I AIC�FlEL-D IkN-- .� 4 e �;,, ��= Y w �� ±y ' 3' ..��. 'a �". � ,f ..R. ; .,° �. / ASHLEYANNE-CIR l I I �i.i.-s�w KELI:BL-VD �� \\ , � — r� � Approximate o g 4 I easement location ��" � � � `�� I � p _ � o � � � �--� I `� g I � �. � �� F�� I JOHNSON�RD m � S�UGIAIT-DR ; � P � � � \ � � � �� c � � � � G �� e � � ��/ F�� ^ \ 9 � 3 / y �� Y` g 8W E - R 1 06E-OR� � b5'O �' b / W y� ?� ��5 / � < �:� w �' � �� g �'/ � o � / f -0 � �RENEES-DR 0 �� ` ' O N W Q V �� m = W < � —m $��THWEBS� KWX � a 4 /J a Q o � � RNIERA�UR C' � � o� Fc G� ' y J —uci-�N—� �!p W �� pY H11+L B� � QQ JAMAICA P� _� �NATCHE2TRACE Q`� KWG$TpN�DR '� ? � VAN�DURN-DR `� TOWER-DR I � � � � � > � �� ! / �. �� '��\