Ord 57-2012 9/18/2012ORDINANCE NO. 57 -2012
Ordinance Granting A Utility Easement Consisting Of 405 Square
Feet Across City Owned Property Known As Jarrett Park and
Located At 2304 Lebanon Road To Thuy Thien Vu.
WHEREAS, Thuy Thien Vu, owner of property adjacent to Jarrett Park at 2403
Lebanon Road, has requested an electrical easement and right -of -way; and
WHEREAS, all affected City departments have reviewed this request and
recommend approval to grant said utility easement as indicated on the attached Utility
Easement, and the City Council has determined it is in the best public interest to
approve said request.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute the attached "Utility Easement" with
changes to form and additional documentation as approved by the City Attorney.
PASSED AND APPROVED this the 18th day of September, 2012.
MAYOR
ATTEST:
City Clerk
UTILITY EASEMENT
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA §
That City of Wichita Falls, a Texas municipal corporation, hereinafter referred to as "Grantor,"
for and in consideration of the sum of $10.00 and other good and valuable consideration, does by
these presents grant, bargain, sell and convey unto Thuy Thien Vu, hereinafter called "Grantee ",
a private utility easement in, along, upon and across a tract of land at 2304 Lebanon, Wichita
Falls, in Wichita County, Texas, which is described as "Utility Easement" in the attached Exhibit
«A»
To have and to hold said utility easement perpetually to Grantee and Grantee's successors and
assigns, together with the right and privilege at any and all times to enter said premises, or part
thereof, for purposes of constructing, servicing, and maintaining utilities; all upon the condition
that Grantee, its successors and assigns, after doing any work in connection with the construction
and maintenance of the utility easement shall restore the ground as near as possible to a condition
in which it was found before such work was undertaken.
Grantee expressly acknowledges the existence of existing utilities in the area covered by this
agreement, and Grantee shall take all necessary precautions to protect any such utilities during
Grantee's construction. Grantee shall provide and employ appropriate traffic control and safety
measures to protect the driving and walking public at all times during Grantee's performance of
work under this easement.
Grantee agrees to save and hold Grantor harmless from any and all claims or actions of any nature
which may result from Grantee's use of the easement. In the event Grantee shall fail to use the
easement for the purposes granted hereunder for a period of five years, Grantee's use and rights
granted under this easement shall be deemed abandoned and shall automatically revert to Grantor
without further action of Grantor.
EXECUTED this day of , 2012.
Darron J. Leiker, City Manager
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed and acknowledged before me this day of ,
20 , by Darron J. Leiker, City Manager of the City of Wichita Falls, a Texas municipal
corporation, on behalf of said corporation.
Notary Public
AFTER RECORDING, RETURN TO:
PROPERTY MANAGEMENT DIVISION
P. O. Box 1431
WICHITA FALLS, TEXAS 76307
Exhibit "A"
PLACE OF
BEGINNING
N W COR.
LOT fi
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(PREVIOUSLY DEDICATED) 27-W 15.00' NORTH LINE OF LOT
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FIELD NOTES
A 27.0' x 15.0' UTILITY EASEMENT ON OR ACROSS A PART OF THE ORIGINAL LOT 6, BLOCK 11,
WESTMORELAND PARK, AN ADDITION TO THE CITY OF WICHITA FALLS, TEXAS, AS RECORDED
IN VOLUME 3, PAGE 74, WICHITA COUNTY PLAT RECORDS, AND SAID EASEMENT BEING
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A POINT LYING IN THE NORTH LINE OF THE ABOVE MENTIONED LOT 6, AND
BEARS NORTH 89 °57'00" EAST 27.50 FEET FROM THE NORTHWEST CORNER OF SAID LOT 6;
THENCE NORTH 89 °57'00" EAST 15,00 FEET ALONG THE NORTH LINE OF SAID LOT 6 TO A POINT
FOR THE NORTHEAST CORNER OF THIS EASEMENT;
THENCE LEAVING THE NORTH LINE OF SAID LOT 6, SOUTH 27.00 FEET TO A POINT FOR THE
SOUTHEAST CORNER OF THIS EASEMENT;
THENCE SOUTH 89 "57'OO" WEST 15.00 FEET TO THE SOUTHWEST CORNER OF THIS EASEMENT;
THENCE NORTH 27.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.01 ACRES,
(405 SQUARE FEET), MORE OR LESS.
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AGENDA ITEM NO. 10D
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AGENDA ITEM NO. 1 OD