Res 027-99 4/6/1999RESOLUTION NO. A- c C-I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, GRANTING AN AERIAL EASEMENT TO UNITED
REGIONAL HEALTH CARE SYSTEM FOR INSTALLATION OF
COMMUNICATION /DATA CABLE ACROSS AN ALLEY ON EIGHTH
STREET; DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, United Regional Health Care System Eighth Street Hospital
Campus is planning to install a new telephone system; and,
WHEREAS, they have requested an easement to install aerial cable across the
City's alley in the Noble and Henderson Subdivision of Block 258, Original Townsite.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to execute that certain
easement, which is attached hereto, to United Regional Health Care System across the
City's alley in the Noble and Henderson Subdivision of Block 258, Original Townsite for
the installation of communication /data cable.
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 6th day of April, 1999.
ATTEST:
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City Clerk
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AERIAL EASEMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA §
That the City of Wichita Falls, a municipal corporation, hereinafter referred to as
"Grantor," for and in consideration of the sum of Ten and No /100 ($10.00) Dollars to
Grantor, which is hereby acknowledged, does by these presents grant, bargain, sell
and convey unto the United Regional Health Care System, its successors and assigns,
an aerial easement for private data and communication cables, together with all
necessary appurtenances and connections thereto, above and across that certain tract
of land situated in Wichita County, Texas, described as follows, to -wit:
An non - exclusive aerial easement for data and communication cables
above and across a part of the Southeast - Northwest 25 foot -wide alley
in the Noble & Henderson Subdivision of Block 258, Original Townsite of
Wichita Falls, as recorded in Volume 50, Page 254, Wichita County
Deed Records, said easement being at a height of 20 to 24 feet above
the crossing surface and said easement, being further identified in the
drawing attached hereto as Exhibit "A," and said location being more
specifically described as follows:
COMMENCING from a 1/2 inch iron rod lying at the intersection of the
Northwest right -of -way line of Eighth Street and the East line of said
alley, said 1/2 inch iron rod also being the Southwest corner of Lot 11,
Block 258, said Noble & Henderson Subdivision;
THENCE along the West line of said Lot 11 and along the East line of
said alley, North 34° 41' 23" West 155.00 feet to a point for the
Southeast corner and place of beginning of the herein described
easement;
THENCE South 550 16'37" West 25.00 feet to a point in the West line of
said alley for the Southwest corner of the herein described easement;
THENCE along the West line of said alley, North 340 41' 23" West 10.00
feet to a point for the Northwest corner of the herein described
easement;
THENCE North 550 16' 37" East 25.00 feet to a 1/2 inch iron rod for the
Northeast corner of the herein described easement and being the
Northwest corner of said Lot 11, Block 258;
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THENCE South 340 41' 23" East 10.00 feet to the Place of Beginning
and containing 250 square feet, more or less.
TO HAVE AND TO HOLD said easement perpetually to the United Regional
Health Care system, its successors and assigns, together with the right and privilege at
any and all times to enter said premises or a part thereof for purpose of constructing,
servicing and maintaining said data and communication cables, all upon the condition
that the Grantee, after doing any work in connection with the construction and
maintenance of said cables, shall restore the ground as nearly as possible to the
condition in which it was found before such was work 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 April, 1999.
Attest:
City Clerk
Approved as to form:
Assistant City Attorney
An-
City of Wichita Falls, Texas
James Berzina, City Manager
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STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed before me on this day of April, 1999, by Jim
Berzina, City Manager for the City of Wichita Falls, a municipal corporation, on behalf of
said City.
Notary Public, State of Texas
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The herein described property
DOES fie within the 100 Year
Flood as delineated on the
Flood Boundary and Floodway
Map, City of Lakeside City,
Archer County, Texas Panel
Number 0001A as published
by the U.S. Department of
Housing and Urban
Development Federal
Insurance Administration.
Zone A
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1 hereby certify that this plat represents the results of an on the ground survey made under my direction and
supervision of the property located at 88 Edgewater Dri ve, and described as follows: n n21 Acre out of J.A. Scott Survey.
Number 6. Abstract 6Z5, in the City of Lakeside City. Archer County. Texas. I furtkter certify that the dimensions, size and
location of buildings and improvements are as shown; that there are no visible encroachments, conflicts or protrusions
except as shown. All corners are as shown. This the I r day of March; 1909.
TEXOMA LAND SURVEYING
(940) 691— 9711
Roy F. woodman `�
Registered Professional nd 5urveyor Number 2102
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FIR = Found Iron SIR = Set Ron Rod Rod FL to
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EEXHHIBIT A
Lot 2
The herein described property
DOES fie within the 100 Year
Flood as delineated on the
Flood Boundary and Floodway
Map, City of Lakeside City,
Archer County, Texas Panel
Number 0001A as published
by the U.S. Department of
Housing and Urban
Development Federal
Insurance Administration.
Zone A
scale'. I Inch= 10 Fee(
1 hereby certify that this plat represents the results of an on the ground survey made under my direction and
supervision of the property located at 88 Edgewater Dri ve, and described as follows: n n21 Acre out of J.A. Scott Survey.
Number 6. Abstract 6Z5, in the City of Lakeside City. Archer County. Texas. I furtkter certify that the dimensions, size and
location of buildings and improvements are as shown; that there are no visible encroachments, conflicts or protrusions
except as shown. All corners are as shown. This the I r day of March; 1909.
TEXOMA LAND SURVEYING
(940) 691— 9711
Roy F. woodman `�
Registered Professional nd 5urveyor Number 2102