Res 189-95 11/7/1995RESOLUTION NO. S
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 EXHIBIT HALL PARKING AREA
OF THE MPEC; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS WAS DISCUSSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, T.U. Electric Company has requested an easement across
City -owned property in order to provide electrical service to the MPEC
Exhibit Hall parking area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
SECTION 1. Michael Lam, Mayor 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 Exhibit Hall
parking area of 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
ATTEST:
l
City Clerk
Distri ct wi_ hita J.=alls
WA/Ilroj '119N2_26/6111536
Map Ref 392.770
Easement: RR-
EASEMENT AND RIGHT OF WAY
STATE OF TEXAS 9
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY.OF WICHITA §
That the City of JQJQQq_Fq1.1_qand WichiQ_yQpqty, actipq by and
through their duly authorized officers of W!cJjjt_q 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 ''All (ATTACHED)
Grantor recognizes that the general couiso of sohd lines as
described A Exhibit "A", is based on preliminary surveys or field
estimates 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 lines; the right to relocate along
the same general direction of said lines; the viqht to relocate said
lines in the same relative position to any adjacyaw iAn�id if and as such
road is widened in the future; the right-- to wi_r(� space for the
purpose of permitting others to string or lay wiro or c4ible along said
lines; the right to prevent excavation within the easement area; the
right to prevent construction of any and a-1-1 bui.1d.ing-, 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 rrim or remove trees
or shrubbery within, but not limited to, saW casement area, to the
extent in the sole judgement of Grantee, as may he 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 ensemont area as described
above without prior written consent of Gr�nit.ee.
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 t-ei.minate and revert to
Grantor or Grantor's heirs, successors or assigns.
And I do hereby bind myself,
warrant and forever defend all and
and rights unto the said Grantee,
every person whomsoever lawfully
part thereof.
City
heirs and legal representatives, to
singular the above described easement
its successors arid assigns, against,
claiming or to claim the same or any
WITNESS our hands this - day of
Wichita Falls
Attest:
Mayor
Wichita County
By: Nick Gi son, Chairman,
Commissioners Court
1995.
Lydia Torres, City Clerk
(SEAL)
mawsoi�l, clerk,
Colly-t-
(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
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 Citv 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 PiJnLed Name
CERTIFICATE OF ACKNOWLEDGMENT FOR CORPORATIONS,
ASSOCIATIONS, CHURCHES, SCHOOL DISTRICTS, ETC.
STATE OF TEXAS
COUNTY OF WICHITA
BEFORE ME, the undersigned authority, on this (Jay 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
A'),1 IAI
1995, A.D.
i% ;,
GLRALDINE BAKER
NOEM oublic. Stale a! fcxas
MY Comm, Evlrcs I' _9_i
MY
e e
Notary Public, State of Texas
Notary's Printed Name
1'04IR7-11 57-
EXHIBIT "A"
Tipp Wlfo c57-
NJ rile
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.
Grantors: The City of Wichita Falls and Wichita County
District: Wichita Falls Service Planner: Gordon Drake
WA/Project: 31ON996/6111536 Map Ref: 392770 County: Wichita
Lot 1, Block 1, and Lot 1, Block 2, of the MPEC South Addition, an
addition to the City of Wichita Falls, Texas