Res 040-98 4/7/1998RESOLUTION NO. 46 —q E3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, GRANTING A UTILITY EASEMENT TO UNITED
REGIONAL HEALTH CARE SYSTEM FOR INSTALLATION OF
FIBER -OPTIC DATA AND COMMUNICATION CABLES; FINDING
AND 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 has requested an easement
on City -owned property in order to connect the two major hospital facilities owned by
United Regional Health Care System; and,
WHEREAS, the grant of such an easement will serve the health and safety
interests of the citizens of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute that certain
Utility Easement, attached hereto, to the United Regional Health Care System for the
installation of fiber -optic data communication cables.
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 7th day of April, 1998.
ATTEST:
Nub
City Clerk
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MAYOR
UTILITY 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 One Thousand Two Hundred Fifty Six and
No /100 ($1,256.00) 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 easement for private fiber -optic data and communication cables, together with all
necessary appurtenances and connections thereto, in, along, upon and across that certain tract of
land situated in Wichita County, Texas, described as follows, to -wit:
A non - exclusive easement for private fiber -optic data and communication cables
within the dedicated rights -of -way of Eighth, Ninth, Tenth, and Grace Streets
within the corporate limits of the City of Wichita Falls, Wichita County, Texas,
said easement being described as being approximately five feet either side of the
following described centerline:
BEGINNING at a point lying in the Southeast line of Lot 1, Wichita General
Hospital Addition and in the Northwest right -of -way line of Eighth Street, said
point being North 40° 49' 30" West 80.62 feet from an "X" in concrete for the
Northwest corner of Lot 3 -13, Block 257, Original Townsite of the City of Wichita
Falls;
THENCE along a line ten feet West of and parallel to the Southwest lines of
Blocks 257 and 256, Original Townsite of the City of Wichita Falls, South 33°
42' 00" East 650.00 feet to an angle point of the herein described centerline;
THENCE South 21' 18' 00" West 98.07 feet, crossing Grace Street to a point
lying North 89° 10' 47" East 11.87 feet from a 1/2 inch iron rod for the Northeast
corner of Lot 1 -A, Boyd & Moore Subdivision of Block 261 of the Original
Townsite of the City of Wichita Falls, said point being an angle point of the
herein described centerline;
THENCE along a line ten feet East of and parallel to the Northeast line of said Lot
1 -A, South, South 330 37' 27" East 163.58 feet to an angle point of the herein
described centerline;
THENCE within the Tenth Street right -of -way as follows:
Along a line ten feet South of and parallel to the Southeast line of
said Lot 1 -A, South 56° 35' 27" West 274.40 feet to an angle point
of the herein described centerline; and
South 33° 24' 34" East 70.00 feet to a point in the Southeast right -
of -way line of Tenth Street for the point of termination of the
herein described centerline and containing 0.288 acres (12,560
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 fiber -optic 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 work was
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 notify the City Public Works Department a
minimum of two (2) business days prior to beginning work. In addition, 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.
EXECUTED this 7th day of April, 1998.
Attest:
City Clerk
Approved as to Form:
Assistant City Attorney
City of Wichita Falls, Texas
ames Berzina, City Manager
STATE OF TEXAS
COUNTY OF WICHITA
This instrument was executed before me on this 7th day of April, 1998, by James
Berzina, City Manager for the City of Wichita Falls, a municipal corporation, on behalf of said
city.
Notary Public, State of Texas