Res 063-2006 5/2/2006 RESOLUTION NO. �� �W
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS GRANTING AN EASEMENT FOR UNDERGROUND FACILITIES AND
EQUIPMENT STATIONS CONSISTING OF APPROXIMATELY 928.8 SQUARE
FEET BEGINNING IN THE NORTH RIGHT-OF-WAY LINE OF LANGFORD
LANE AND BEING THE MOST SOUTHERLY SOUTHEAST CORNER OF LOT
1, BLOCK 2, UNIVERSITY PARK ADDITION, SECTION F, AN ADDITION TO
THE CITY OF WICHITA FALLS AS RECORDED IN VOLUME 18, PAGES 8
AND 9, WICHITA COUNTY PLAT RECORDS TO SOUTHWESTERN BELL
TELEPHONE, L.P., A TEXAS LIMITED PARTNERSHIP D/B/A AT&T TEXAS
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 underground facilities and
equipment stations easement; and
WHEREAS, Southwestern Bell Telephone, L.P. d/b/a AT&T Texas has agreed to
concrete and fence in the entire 20 by 20 foot easement pad site to eliminate
maintenance issues; 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 of Wichita Falls, Texas, deems it
reasonable and in the publics best interest to grant said easement.
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" in consideration of Two Thousand Five Hundred
Twenty-Eighty dollars and no/100 ($2,600.00) with this resolution authorizing the City
Manager to execute said easement.
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 2" day of May, 2006.
MAYOR
ATTEST:
ity Clerk
vsar.VF'NT DESG�pTION:
AN EASEY�lT OUT OF BLOpC 33. OOITOI COUhTY SQ100L LAND. lEA(XJE 1. A-S4 SAID EASEMENT
BE1NG MORE SPfQfICALLY DESCRiBED BY MElES AND BOINJDS AS fOLLOM5:
� �,.. � I / BEpNNMC AT A'%' IN �lE �N 7ME NOR7H RI011T-OF-WAY UNE OF IANCFORD LANE AND BONG
r ��i � ��:, � �.. � i!� MOST SOU7HERLY SOUh1EAST OOfM1ER OF lOT t. BLOCJf $. UNIVER9T/ PARK ADOI110N. gCTION
�. F. AN AD01710N TO 1NE CJTY OF IMCHITA FALLS AS REOORDED M VOLUME 1& PGS. S k 9. WICHITA
��' COUNtt PLAT RECORDS FOR iHE SOUTHWEST CORNER Of 1MS EASENENT:
1
.... ... ... .._.. ... �. ... �. R1piCE ALONG 7TIE W6T IINE OF SAID LOT 1. NOR7H J22Y06' EAST 0.63 FEET TO A 1/2 INCM IRON
UNIVERSlTY PARK, SEC710N F � � � � �E �T � T� ��T
� ~ 1HFNCE NORTH 6015'�!" EAST 52.57 FEET TO A 1/2 MICH IRON R00 FOR AN INTERIOR CORNER 0�
BLOCK 2 �� �,� ,� nus �sa�o+t:
(vo�, te, PGS. e—s W.C.P.R.) ��,� i C1TY OF N?CHITA FALLS �� �TM pppY4Y E/1ST 0.�7 fEET TO A 1/1 NICM IRqV ROD FOR 1FIE MOST NORiHERIY
\ � J �`� SECONDARY RESERVOIR NORM�� �°F n"5 �uE"�'
i r
� LOT 1 / O � ,r TMENCE EAST 20.00 FEET TO A i/Z WCH IRON ROD FOR THE NORMEAST CORNER OF iH15 EASE)AENT;
� ,` 9 '
\ � �.� (UNPUTffD) 7}�p�� SQ�TH OOpY42' 'NEST 20.00 FEET TO A 1/2 INCH IRON R00 FOR ME MOST EA57ERLY
\ SOU7HEAST CORNEIt Oi 1HIS EASOIENT;�
, ` T � // ;� �� EAST MENCE WEST 20.00 FEET 10 AN ANGIE POINi FOR AN INIERIOR CORNER OF iN15 EASENENT:
e< <� � �- 20.00'
/ ^� 20�x20� ESAAT. 1MflICE 90U1M !0'15'�!' MEST 44.33 iEET TO A 1/2 INpI IRON ROD M 7HE NOR1H LNIE OF lAT J,
\ / Q m r t/Y u.b �;�PROPOSED� BLOq( 1� LAKE NEW MANOR SfCT10N 4, AN ADDITION TO iHE qTY OF MCFNTA fAt15 AS RECORDEO
p IN VOIUME 23, PAGE 263, NAQNtA COUNTV CIAT RECORDS FOR 1NE YOST SOU7NERLY SOUTHEAST
� � � Z � (� I r O CORNER OF 7HIS EASE11ENT;
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NEST FOR niE NOR7M UNE Oi uKE B � �P � i (VOL 23. PG. 293, W.C.P.R.)
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RES #5808848
Callfield DSA 3154
EASEMENT FOR UNDERGROUND FACILITIES AND 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 NcV100 Dollars ($10.00), and
other valuable consideration, 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
permanent right and easement to construct, operate, maintain, repair, inspect, replace, enlarge, fence and
remove such underground systems and lines for the transmission of signals used in the provision of
communication, video, and information services, associated equipment stations and ali 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 of land out of Biock 33, Denton County School Land, League 1, A-58, a/so known
as the Secondary Rese�vorr, said easement being more particularly described in Exhibit 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, including (1) the right to connect said stations wfth the
Grantee's communications systems by means of underground cables, 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, (5) to clear
and keep cleared all trees, overhanging branches, roots brush and other obstructions from said land and (6)
the right to place on the surface of the easement manholes, cable risers, connector terminals, repeaters,
testing terminals and route markers.
Grantors covenant that they and their heirs, successors, administrators and assigns, shali and will
WARRANT AND DEFEND the titie to the premises unto the said Grantee, and to its successors and assigns
forever against the lawful claims of ail persons whomsoever; and further that the Grantee, its successors and
assigns, may quietly enjoy the premises for the uses herein stated. Grantors warrant that they have no
knowledge of environmental hazards affecting the land, except those disclosed to Grantee. Grantors agree to
hold Grantee harmless for liability arising from undisclosed environmental hazards.
Signed and executed this day of , 200_
CITY OF WICHITA FALLS
By: Darron Leiker
City Manager
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY OF BEFORE ME, the undersigned authority, on this day
personally appeared , known to me to be
the person_ whose name_ is/are subscribed to the foregoing instrument and acknowledged to me that
he/they executed the same for purposes and considerations therein expressed and in the capacfty so
stated.
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