Ord 59-2012 10/2/2012ORDINANCE NO. 59 -2012
Ordinance Authorizing the City Manager to Grant A Sanitary Sewer
Easement Consisting Of 1,006.5 Square Feet Across City -Owned
Property Known As The Wichita Falls Transfer Station And Located
At 3904 Lawrence Road To Truity Capital, LLC
WHEREAS, Truity Capital, LLC, owner of property adjacent to the Wichita Falls
Transfer Station at 3904 Lawrence Road, has requested a sanitary sewer easement;
and
WHEREAS, all affected City departments have reviewed this request and
recommend approval to grant said sanitary sewer easement as indicated on the
attached Sanitary Sewer Easement, and the City Council has determined it is in the
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 "Sanitary Sewer
Easement" with changes to form and additional documentation as approved by the
City Attorney.
PASSED AND APPROVED this the 2nd day of October, 2012.
MAYOR
ATTEST:
City Clerk
SANITARY SEWER 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 Truity Capital, LLC, hereinafter called
"Grantee ", a public sanitary sewer easement in, along, upon and across a tract of land at 3904
Lawrence Road, Wichita Falls, in Wichita County, Texas, which is described as "Sanitary Sewer
Easement" in the attached Exhibit "A ".
To have and to hold said sanitary sewer 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 sewer; all upon
the condition that Grantee, its successors and assigns, after doing any work in connection with the
construction and maintenance of the sewer 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 possible 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 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.
Grantee may assign and /or dedicate this easement or any portion thereof to the City of Wichita
Falls to hold in trust for the benefit of the public.
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"
FIELD NOTES
FIELD NOTES OF THE CENTERLINE OF A 15
FOOT SANITARY SEWER UTILITY EASEMENT
OUT OF A TRACT CONVEYED TO THE CITY
OF WICHITA FALLS BY DEED RECORDED AT
VOLUME 1425. PAGE 377, WICHITA COUNTY
DEED RECORDS, SAID UTILITY EASEMENT
CENTERLINE BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a point in the South line of said City of
Wichita Falls tract, said point bears S 89 °38'17" E a distance
of 24.2 feet from the Southwest comer of said City of
Wichita Falls tract;
THENCE N 00'18'00" E a distance of 67.1 feet to a point on
the North line of Block 13, Denton County School Land.
League 1, Abstract No. 58, said point bears S 89'38'17" E a
distance of 22.8 feet from the Northwest corner of Said
Block 13, for the end of this utility easement centerline.
A&
DENNIS NORTHCREST, L.P. 14 r22
VOL. 2875, PG. 45 15' SANITARY
01 P. R. W. C. SEA EASEMENT —
(HEREIN DEDICATED)
DENTON COUNTY:
SCHOOL LAND,
LEAGUE I, A - 5
HIAWATHA PARTNERSHIPS LP F.K.A. FIND IR 2•
TEXAS 4 PARTNERSHIP
VOL, 1597, PG. 298
W. C. D. R.
BLOCK LINE Z
CITY OF WICHITA FALLS
VOL. 1425, PG. 377
W. C. D. R.
q 15' SANITARY
SEWER EASEMENT
1J—N 00'18'00" E e7.1'
S 89.38.17" E 1271.38'
PLACE OF
BEGINNING
FND IR FND MAG TAIL I-,—.
I I NORTH LINE OF LOT 1
CALL/LAWRENCE VENTURES
VOL, 3324. PG. 622
0. P. R. W. C.
1.5' TEXAS ELECTRIC 15' SANITARY
SEWER EASEMENT
SERVICE COMPANY EASEMENT
VOL. 672, PG. 789 (BY SEPARATE REMAINDER OF
W. C. D. R. INSTRUMENT) LOT 1, BLOCK 214 —A
VOL. 26, PG. 319 I I HIGHLAND ADDITION
W. C. P. R. l VOL 26. PG. 319
FND IR W. C. P. R.
5 69'41'49" E 175.00' FND MAG NAIL
115.78 .. 56.22'
LOT 1 -A L-
BLOCK 214 -A 15' : 20'
UTIL. ESMT.
DENNIS L. PROBST
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5352
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