Res 024-95 2/7/1995G4
RESOLUTION NO.- 9�
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, GRANTING
AN EASEMENT AND RIGHT -OF -WAY TO TU
ELECTRIC COMPANY TO PROVIDE ELECTRICAL
SERVICE TO THE RV PARK AT THE MPEC;
FINDING AND DETERMINING THAT THE MEETING
AT WHICH THIS ORDINANCE WAS DISCUSSED
WAS OPEN TO THE PUBLIC AS REQUIRED BY
LAW.
WHEREAS, TU Electric Company has requested an easement
across City -owned property in order to provide electrical
service to the RV Park at the MPEC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. Michael Lam, May of the City of Wichita
Falls, is hereby authorized to execute that certain easement
and right -of -way, which is attached hereto, to Texas
Utilities Electric Company across City -owned property to
provide electric service to the RV Park at the Wichita
Falls /Wichita County Multi - Purpose Events Center.
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 February, 1995.
ATTEST:
M A Y O R
District: Wichita Falls
WA /Prof.: 310M990/6110374
Map Ref.: 392772
Easement: ER-
EASEMENT AND RIGHT OF WAY
STATE OF TEXAS S
S KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA S
That the City of Wichita Falls and Wichita County, acting by and
through their 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 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 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 excavation within the easement area; the
right to prevent construction of 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 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 in the sole judgement of Grantee, 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 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, 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
City of Wichita F
Attest:
chael Lam,-Mayor
Wichita County
, 1995.
Lydia Torres, City Clerk
(SEAL)
Attest:
By: Nick Gipson, Chairman, Terri Mawson, Clerk,
Commissioners Court Commissioners Court
(SEAL)
CERTIFICATE OF ACKNOWLEDGMENT FOR CORPORATIONS,
ASSOCIATIONS, CHURCHES, SCHOOL DISTRICTS, ETC.
STATE OF TEXAS
COUNTY OF WICHITA
S
S
S
BEFORE ME, the undersigned authority, on this day personally appeared
Michael Lam, Mayor, 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 Mayor, thereof, and for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
1995, A.D.
My commission expires: Notary Public, State of Texas
Notary's Printed Name
CERTIFICATE OF ACKNOWLEDGMENT FOR CORPORATIONS,
ASSOCIATIONS, CHURCHES, SCHOOL DISTRICTS, ETC.
STATE OF TEXAS S
5
COUNTY OF WICHITA S
BEFORE ME, the undersigned authority, on this day personally appeared
Nick Gipson, Chairman, of the Commissioners Court of Wichita County, 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
Commissioners Court of Wichita County and as Chairman, thereof, and for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
1995, A.D.
My commission expires: Notary Public, State of Texas
Notary's Printed Name