Res 103-96 8/6/19961
RESOLUTION NO. /O 3 %
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, GRANTING AN EASEMENT AND
RIGHT-OF-WAY TO T.U. ELECTRIC COMPANY TO PROVIDE
ELECTRICAL SERVICE TO THE MPEC MESSAGE BOARD;
FINDING AND DETERMINING THAT THE MEETING AT WHICH
THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC
AS REQUIRED BY LAW.
WHEREAS, an electronic message board has been purchased which will
be installed on the west side of the City' s Health Department in order
to advertise events at the MPEC; and
WHEREAS, T.U. Electric has requested an easement on the City-owned
property in order to install the necessary service.
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 1700 Third Street to provide
electric service to the new MPEC message board.
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 August, 1996 .
i
A Y O >
ATTEST:
City lerk
District : Wichita Falls
WA/Proj . : 310R898/6112296
Map Ref . : 392770
Easement : ER-
EASEMENT AND RIGHT OF WAY
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
That the City of Wichita Falls, Texas, a Municipal Corporation,
acting herein and by its duly authorized officer 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, 2001 Bryan Street, Dallas, Texas 75201, 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 lines, 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)
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 lines; the right to relocate along
the same general direction of said lines; the right to relocate said
lines 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
lines; the right to prevent construction of any and all buildings,
structures or other obstructions which may endanger or interfere with
the efficiency, safety, and/or convenient operation of said lines and
their appurtenances and the right to trim or remove trees or shrubbery
within, but not limited to, said easement area, to the extent as may be
necessary to prevent possible interference with the operation of said
lines or to remove possible hazard thereto. Grantor shall not make
changes in grade, elevation or contour of the land, within the easement
area, that will damage the integrity of the Grantee' s facilities or
reduce the ground clearance to unacceptable limits (Per the National
Electric Safety Code) , in the reasonable judgement 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 interfere with the
exercise by Grantee of the rights hereby granted.
a
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, 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 our hands this day of 1996 .
City of Wichita Falls
By: James Berzina, City Manager
Attest :
Lydia Torres, City Clerk
SEAL)
CERTIFICATE OF ACKNOWLEDGMENT FOR CORPORATIONS,
ASSOCIATIONS, CHURCHES, SCHOOL DISTRICTS, ETC.
STATE OF TEXAS
COUNTY OF WICHITA
BEFORE ME, the undersigned authority, on this day personally
appeared James Berzina, City Manager, of the City of Wichita Falls,
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 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
1996, A.D.
My commission expires : Notary Public, State of Texas
Notary' s Printed Name
4
EXHIBIT "A"
162
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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 to the validity
of these calls .
Grantor : City of Wichita Falls
District : Wichita Falls Service Planner: Gordon Drake
WA/Project : 310R898/6112296 Map Ref : 392770 County: Wichita
Block 1-A of th Blakely Addition, an addition to the City of Wichita
Falls
Volume 1045, Page 576 ; Volume 1047, Page 748 ; Volume 1049 , Page 454 ; and
Volume 1052 , Page 879