Ord 62-2024 ONCOR Right-of-way 11/05/2024 Ordinance No. 62-2024
Ordinance authorizing the City Manager to execute and grant an
Easement and Right of Way to Oncor Electric Delivery Company, LLC.
consisting of 0.054 acres located in the Anna Cummings Survey, A-
610 and the Cyrus Eakman Survey, A-450 within the City of Wichita
Falls, Wichita County, Texas
WHEREAS, the requested Partial Release of Easement is necessary to
accommodate Oncor Electric Delivery company, LLC; and,
WHEREAS, the current location of Oncor Electric Delivery Company, LLC's
electric utility power lines needed to operate and maintain services in the area is located
in the proposed Wenonah Blvd. extension; and,
WHEREAS, the requested Easement and Right of Way is necessary to
accommodate Oncor Electric Delivery company, LLC's to relocate the electric utility
power lines needed to operate, maintain, repair, and improve services in the area while
relocating the current services to accommodate the construction of Wenonah Blvd; and,
WHEREAS, affected City staff recommend and approve the required said
Easement and Right of Way and its location.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to grant and execute the attached Easement and
Right of Way between the City of Wichita Falls and Oncor Electric Delivery Company,
LLC.
PASSED AND APPROVED this the 5th day of November, 2024.
MAYOR
ATTEST:
j/j
City Clerk
PT#: 2024-6047
District: Wichita
WO #:26079145
ER#
EASEMENT AND RIGHT OF WAY
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA §
That City of Wichita Falls, Texas, hereinafter called "Grantor," whether one or more, for
and in consideration of Ten Dollars ($10.00) and other valuable consideration to Grantor in hand
paid by Oncor Electric Delivery Company LLC, a Delaware limited liability company, 1616
Woodall Rodgers Freeway, Dallas, Texas 75202-1234, hereinafter referred to as"Grantee," has
granted, sold and conveyed and by these presents does grant, sell and convey unto said
Grantee, its successors and assigns, an easement and right-of-way for underground electric
supply and communications facilities, consisting of a variable number of wires and cables,
surface mounted equipment, conduits and all necessary or desirable appurtenances over, under,
through, across and upon Grantor's land described as follows:
SEE EXHIBIT "A" & "B" (ATTACHED)
Grantor recognizes that the general course of said lines, or the metes and bounds as
described above, is based on preliminary surveys only, and Grantor hereby agrees that the
easement and right-of-way and its general dimensions hereby granted shall apply to the actual
location of said lines when constructed.
Together with the right of ingress and egress along and upon said easement and right-
of-way and over and across Grantor's adjoining properties for the purpose of and with the right
to construct, maintain, operate, repair, remove, replace, reconstruct, abandon in place, and to
change the size and capacity of said facilities; the right to relocate said facilities in the same
relative direction of said facilities; the right to relocate said facilities in the same relative position
to any adjacent road if and as such is widened in the future; the right to lease wire space for the
purpose of permitting others to string or lay wire or cable along said facilities; the right to prevent
excavation within the easement area; the right to prevent construction of, within the easement
area, any and all buildings, structures or other obstructions which, in the sole judgment of
Grantee, may endanger or interfere with the efficiency, safety, and/or convenient operation of
said facilities and their appurtenances and the right to trim or remove trees or shrubbery within,
but not limited to, said easement area, including by use of herbicides or other similar chemicals
approved by the U.S. Environmental Protection Agency, to the extent in the sole judgment of
Grantee, as may be necessary to prevent possible interference with the operation of said
facilities or to remove possible hazard thereto. Grantor shall not make changes in grade,
elevation or contour of the land or impound water within the easement area as described above
without prior written consent of Grantee.
Grantor reserves the right to use the land within the above described easement area for
purposes not inconsistent with Grantee's use of such property, provided such use shall not, in
the sole judgment of Grantee, interfere with the exercise by Grantee of the rights hereby granted.
TO HAVE AND TO HOLD the above described easement and right-of-way unto the said
Grantee, its successors and assigns, until all of said electric lines and facilities shall be
abandoned, and in that event said easement and right-of-way shall cease and all rights herein
granted shall terminate and revert to Grantor or Grantor's heirs, successors or assigns, and legal
representatives; and Grantor hereby binds Grantor and Grantor's heirs, successors, assigns,
and legal representatives, to warrant and forever defend the above described easement and
right-of-way unto Grantee, its successors and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof.
EXECUTED this day of , 2024.
GRANTOR: City of Wichita Falls, Texas
By:
(Paul Menzies, Acting City Manager)
STATE OF TEXAS §
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, on this day personally appeared Paul Menzies,
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same as the act and deed of City of Wichita Falls,
Texas, as the Acting City Manager thereof, for the purposes and consideration therein
expressed, in the capacity therein stated and that he is authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, A.D. 2024.
Notary Public in and for the State of Texas
EXHIBIT"A"
PLATTED v WINCO FOODS LLC
I E 21387 SE 41 ACRES-BLOCK 164
LOT I-C BLOCK 1 HIGHLAND ADDITION
LOSES ADDITION WENONAH AVENUE WC No.202 6DOT,
(VOL /
,26 PG,63AI So'Row,PREu DEDI. D.P.R S.C.T.
WCP.R.
PLACE OF
1 BEGINNING N89°09'01"E
112"IRF
I F___ 1/2"IRF 15.00' 112'IRF 112"IRF
N89°09'01"E
2.63'
I m
PLATTED I N
T .0 50K 1 0.134ACRES n
w
CITY OF WICHITA FALLS N cv
L 'h_: L IiION g c 0.'01ACRES WINCOFOODS LLC
(U OL 971 PG. 931 I- I-.OL26PG.633 1 N
5.437ACRES-
BL_-.. I'5
s'65
NOP.R. I SC.D.R
I HIGHLAND ADEPT]
• z INC NO.:L-1A:I,
I .111L a � S89°3218'E O.P.R,v.0 T.
S3 '18400' 3084 v2IRF— —ILI r��a�
—
I I 4o
6,•I 0.054 ACRES R=2000.00'
a ` L=15,80'
z N88"32'18"W 81AT CB=S18°47'45"W
I I / CL=15.80'
i
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1 LF — —
1r2"IRF 6.10 ACRES
PLATTED CITY OF WICHI"A FALLS
E SF S P HI TOAD COMPANY SURVEY SECTION 2.
LOT 1-C,BLOCK 1 .1'.'V'� U'.:III '1SS JP,VEEY A-SIC
I LOWES ADDITION
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BIlGGS&(lir
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DW. MNG SCALE: 1"=30'
/
CONSULTING ENGINEERS/SURVEYORS ACRES OF THE ANNA CUNNINGS �—q
TEXAS REGISTERED ENGINEERING FIRM F•B7d CHK. KDMI PLOT DATE; October 4.2024 G-
SURVEY,A fi1D AND CYRUS EAKMAN
TEXAS REGISTERED SURVEYING FIRM 10015200 J
2500 BROOK AVENUE V:(940)/66-0156 SURVEY,A-050 ONCOR EASEMENT IL
WIGHITA FALLS,TX 76301 F:(940)766-3383 WICHITA FALLS, EXHIBIT A
WICHITA COUNTY,TEXAS 0
EXHIBIT"B"
FIELD NOTES-0.054 ACRE TRACT
A 0.054 ACRE TRACT OF LAND OUT OF A CALLED 0.184 ACRE TRACT OF LAND AS RECORDED IN VOLUME 971,PAGE 93,WICHITA
COUNTY DEED RECORDS AND AN ADJACENT 0.101 ACRE TRACT OF LAND BOUNDED ON THE NORTH BY THE SOUTH LINE OF
WENONAH AVENUE AND THE SOUTH LINE OF WINCO FOODS,LLC 2.541 ACRE TRACT, ON THE EAST BY WINCO FOODS,LLC
5.437 ACRE TRACT,AND ON THE WEST AND SOUTH BY THE CITY OF WICHITA FALLS CALLED 0.184 ACRE TRACT AND ALL BEING
PART OF THE ANNA CUMMINGS SURVEY,A-610 AND THE CYRUS EAKMAN SURVEY,A-450 WITHIN THE CITY OF WICHITA FALLS,
WICHITA COUNTY,TEXAS AND SAID 0.054 ACRE TRACT BEING MORE SPECIFICALLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT A POINT WITHIN THE SAID ADJACENT 0.101 ACRE THAT BEARS NORTH 89°09'01"EAST 2.63 FEET FROM A 1/2"IRON
ROD FOUND FOR THE SOUTHWEST CORNER OF WENONAH AVENUE,A PREVIOUSLY DEDICATED PUBLIC RIGHT-OF-WAY AND IN
THE SOUTH LINE OF THE EAST 21,387 SQUARE FEET OF LOT 1-C,BLOCK 1 LOWES ADDITION,AS RECORDED IN VOLUME 28,
PAGE 638 OF THE WICHITA COUNTY PLAT RECORDS;
THENCE WITHIN THE SAID ADJACENT 0.101 ACRE TRACT AND ALONG THE SOUTH LINE OF SAID WENONAH AVENUE,NORTH
89°09'01"EAST 15.00 FEET TO AN EXTERIOR ANGLE POINT OF THIS DESCRIPTION;
THENCE LEAVING THE SAID SOUTH LINE OF WENONAH AVENUE,SOUTH 00°27'42"WEST 72.18 FEET TO AN INTERIOR ANGLE
POINT OF THIS DESCRIPTION;
THENCE SOUTH 89°32'18"EAST 30.84 FEET TO A POINT IN THE WEST LINE OF A 6.10 ACRE TRACT DEEDED TO THE CITY OF
WICHITA FALLS,AS RECORDED IN DOCUMENT NUMBER 202315598 OF THE OFFICIAL PUBLIC RECORDS OF WICHITA COUNTY
TEXAS AND SAID POINT BEING THE BEGINNING OF A CURVE TO THE LEFT;
THENCE ALONG SAID WEST LINE OF THE 6.10 ACRE TRACT AND SAID CURVE TO THE LEFT HAVING A RADIUS OF 2000.00 FEET,A
CHORD BEARING OF SOUTH 18°47'45"WEST AND A CHORD LENGTH OF 15.80 FEET TO AN EXTERIOR ANGLE POINT OF THIS
DESCRIPTION;
THENCE LEAVING SAID WEST LINE OF THE 6.10 ACRE TRACT,NORTH 89°32'18"WEST 81.07 FEET TO AN EXTERIOR ANGLE POINT
OF THIS DESCRIPTION;
THENCE NORTH 00°27'42"EAST 15.00 FEET TO AN EXTERIOR ANGLE POINT OF THIS DESCRIPTION;
THENCE SOUTH 89°32'18"EAST 40.20 FEET TO AN INTERIOR ANGLE POINT OF THIS DESCRIPTION:
0
3
THENCE NORTH 00°27'42"EAST 71.84 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.054 ACRES OF LAND,MORE OR o
LESS,
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0.054 ACRES OUT OF !DN. KJM DATE: OCTOBER 2024 .
/ BIGGS&MATHEWS,INC. 0.184ACRES&ADJACENT0.101 DW. MNG SCALE: N.T.S.
CONSVLTING ENGINEERS!SURVEYORS ACRES OF THE ANNA CUNNINGS ~
TEXAS REGISTERED ENGINEERING FIRM F-83a SURVEY,A-610 AND CYRUS EAKMAN CHK. KDM PLOT DATE: October 4,2024
fir
d
/ TEXAS REGISTERED SURVEYING FIRM 10016200 W
2506 BROOK AVENUE V:(940)766-0156 SURVEY,A-450 ONCOR EASEMENT E.WICHITA FALLS,TX 76301 F:(940)766-3383 WICHITA FALLS, EXHIBIT B
v
WICHITA COUNTY,TEXAS
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