Res 089-2013 8/20/2013RESOLUTION NO. 89 -2013
Resolution Authorizing The City Manager To Execute An Electrical
Utility Easement At Kickapoo Airport To Allow Future Hangar
Development
WHEREAS, City Staff has requested the proposed electrical utility easement
which will enable staff to aggressively encourage future hangar development; and
WHEREAS, all affected City Departments have reviewed this request and
recommend approval to grant said easement as indicated on the attached Easement
and Right -of -Way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute the attached "Easement and Right —
of -Way" with changes to form and additional documentation as approved by the City
Attorney.
PASSED AND APPROVED this the 20th day of August, 2013.
;NO
ATTEST:
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District: Wichita Falls
WR #: 3215144
ER #
EASEMENT AND RIGHT OF WAY
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA §
That THE CITY OF WICHITA FALLS, WICHITA COUNTY, TEXAS, ACTING HEREIN BY
AND THROUGH ITS DULY AUTHORIZED OFFICERS OF WICHITA COUNTY, 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 overhead and /or underground electric supply and communications facilities,
consisting of a variable number of wires and cables, supporting structures, 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" (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 GrantoPs 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 Protectlon Agency, to the extent in the sole judgment of Grantee, as
may be necessary to prevent possible Interference with the operation of said facilities orto remove
possible hazard thereto. Grantor shall not make changes in grade, elevation or contourofthe 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, 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 , 2013.
THE CITY OF WICHITA FALLS, TEXAS
By,
(Darron Leiker, City Manager)
STATE OF TEXAS §
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, on this day personally appeared Darron Leiker,
City Manager of the City of Wichita Falls, Wichita County, Texas, 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 the City of Wichita Falls, Texas and as City Manager, thereof,
and for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
. 2013.
Notary Public in and for the State of Texas
(Print name of Notary Public here)
My commission expires;
NORMAN
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EXHIBIT "A"
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EXISTING 1
FACILITIES X
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The intent of this "EXHIBIT' is to pictorially show the approximate location of the easement. It is
not intended as an actual survey. Calls shown are references only. No statement Is made as to
the validity of these calls.
Grantor: City of Wichita Falls, Texas
District: Wichita Falls WR #:3215144 AMF
Being called a 106.09 acre tract of land out of Blocks 2, 4, & 5, of the Cherokee Industrial Park,
Wichita County, Texas and more specifically described in Volume 2178, Page 439, Wichita
County Deed Records.
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±1980 l
�20 �1
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4- 17 5* T
K�-t230-`"I
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i asnobs f4abma t
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NO SCALD
The intent of this "EXHIBIT' is to pictorially show the approximate location of the easement. It is
not intended as an actual survey. Calls shown are references only. No statement Is made as to
the validity of these calls.
Grantor: City of Wichita Falls, Texas
District: Wichita Falls WR #:3215144 AMF
Being called a 106.09 acre tract of land out of Blocks 2, 4, & 5, of the Cherokee Industrial Park,
Wichita County, Texas and more specifically described in Volume 2178, Page 439, Wichita
County Deed Records.