Res 138-98 9/15/1998RESOLUTION NO. t36-9.8
RESOLUTION GRANTING EASEMENT AND RIGHT -OF -WAY TO T. U.
ELECTRIC TO RELOCATE LINES FOR THE PLUM CREEK FLOOD
CONTROL PROJECT; DETERMINING THAT THE MEETING AT WHICH
THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls Property Management Division is nearing
completion of the acquisition of property required by the Corps of Engineers for the
Plum Creek Flood Control Project; and
WHEREAS, T. U. Electric has requested an easement and right -of -way on one
of the newly acquired tracts in order to relocate certain utility lines in order to
accommodate the new dam for Plum Creek.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Mr. James Berzina, City Manager of the City of Wichita Falls, is
hereby authorized to execute that certain easement and right -of -way agreement, which
is attached hereto, to Texas Utilities Electric Company across City -owned property at
4216 Kiel Road to relocate electric service to allow for the construction of a new dam for
the Plum Creek Flood Control Project.
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 15th day of September, 1998.
G
MAYO
ATTEST:
I,,," City Clerk
District: FW Region
WR: 1018774
Map Ref.:
ER -
EASEMENT AND RIGHT OF WAY
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA COUNTY§
That CITY OF %gCHITA FALLS 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 TEXAS UTILITIES ELECTRIC COMPANY, a Texas
corporation, 1601 Bryan Street, Dallas, Texas 75201 -3411, 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 wines and cables, supporting structures, surface mounted equipment, conduits and
all necessary or desirable appurtenances over, under, 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
above described, 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, remove and reconstruct said facilities; the right to relocate along
the same general direction of said facilities; the right to relocate said facilities in the same
relative position to any adjacent road if and as such road 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 or for a distance of 5 feet on
each side of the actual center of said lines; the right to prevent construction of, within the
easement area or for a distance of 5 feet on each side of the actual center of said facilities, 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 10 foot space, 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 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 judgement of Grantee, interfere with the exercise by Grantee of the
rights hereby granted.
TO HAVE AND TO HOLD the above described easement and rights unto the said
Grantee, its successors and assigns, until all of said lines 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 I do hereby bind myself, my heirs and legal representatives, to warrant and
forever defend all and singular the above described easement and rights unto the said
Grantee, its successors and assigns, against every person whomsoever lawfully claiming
or to claim the same or any part thereof.
WITNESS hand(s) this day of , 1998.
CITY OF WICHITA FALLS
A
Title: City Manager
STATE OF TEXAS §
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, on this day personally
appeared James Berzina, City Manager 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 said CITY OF WICHITA FALLS,
and that he executed the same for the purposes and consideration therein expressed, and
that he was authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 1998.
Notary Public in and for the State of Texas
(Print Name of Notary Public Here)
My commission expires:
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District: FW Region
WR: 1018774
Map Ref.:
ER -
EASEMENT AND RIGHT OF WAY
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA COUNTY§
That CITY OF WICHITA FALLS 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 TEXAS UTILITIES ELECTRIC COMPANY, a Texas
corporation, 1601 Bryan Street, Dallas, Texas 75201 -3411, 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, 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
above described, 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, remove and reconstruct said facilities; the right to relocate along
the same general direction of said facilities; the right to relocate said facilities in the same
relative position to any adjacent road if and as such road is widened in the future; the right to
lease wire space for the purpose of permitting others to string or lay wine or cable along said
facilities; the right to prevent excavation within the easement area or for a distance of 5 feet on
each side of the actual center of said lines; the right to prevent construction of, within the
easement area or for a distance of 5 feet on each side of the actual center of said facilfies, 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 10 foot space, 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 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 judgement of Grantee, interfere with the exercise by Grantee of the
rights hereby granted.
TO HAVE AND TO HOLD the above described easement and rights unto the said
Grantee, its successors and assigns, until all of said lines 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 I do hereby bind myself, my heirs and legal representatives, to warrant and
forever defend all and singular the above described easement and rights unto the said
Grantee, its successors and assigns, against every person whomsoever lawfully claiming
or to claim the same or any part thereof.
WITNESS hand(s) this day of .1998.
CITY OF WICHITA FALLS
A
Title: City Manager
STATE OF TEXAS §
COUNTY OF wICHZTA §
BEFORE ME, the undersigned authority, on this day personally
appeared James Berzina, City Manager 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 said CITY OF WICHITA FALLS,
and that he executed the same for the purposes and consideration therein expressed, and
that he was authorized to do so.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
, 1998.
Notary Public in and for the State of Texas
(Print Name of Notary Public Here)
My commission expires:
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