Res 064-94 5/3/19941
1
RESOLUTION NO. (Q —
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, GRANTING EASEMENT
AND RIGHT-OF-WAY TO TU ELECTRIC COMPANY TO
SERVE CITY OF OLNEY RAW WATER PUMPING
FACILITIES; FINDING AND DETERMINING THAT THE
MEETING AT WHICH THIS RESOLUTION WAS
DISCUSSED WAS OPEN TO THE PUBLIC AS REQUIRED
BY LAW.
WHEREAS, on December 21, 1993, the City Council of the City
of Wichita Falls approved a right-of-way easement to the City of
Olney, Texas, for the construction of a raw water pipeline across
City-owned land at Lake Kickapoo; and,
WHEREAS, a request has now been received from TU Electric
Company for an easement and right-of-way across City-owned land
in order to allow electric service for the City of Olney's
pumping facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. James Berzina, City Manager 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 land at Lake
Kickapoo to provide electric service to the City of Olney's new
pumping facilities.
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 3rd day of May, 1994.
M A Y O R
ATTEST:
1() c;JU
City Clerk
District: Wichita Falls
WA/Prof . : 310M139/6109420
Map Ref . : 306680
Easement: ER-
EASEMENT AND RIGHT OF WAY
STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF ARCHER S
That the City of Wichita Falls, Texas, a Municipal Corporation,
acting herein and by its duly authorized officer of Wichita
ar
Caudty,
Texas, hereinafter called "Grantor" , whether one or more, in
consideration of Ten Dollars ($10 . 00) and other valuable considaeration
to Grantor in hand paid by Texas Utilities Electric Company,
Corporation, 2001 Bryan Street, Dallas, Texas 75201, hereinafter
referred to as "Grantee" , has granted, sold and conveyed and
successors
and/orpresentsdoesgrant, sell and convey unto said Grantee, its
ad ceeser
and assigns, an easement and
lines, consisting of a
underground electric supply
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 asofayabeo
necessary to prevent possible
interference w ith the operation
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
Per the
Electric Safety Code) , in the
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.
Page 3 of 7 Pages
Agenda Item No.
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 1994 .
City of Wichita Falls
Attest:
By: James Berzina, City Manager Lydia Torres, City Clerk
Page __4 ut Pages
Agenda Item tic
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, Texas, a Municipal
Corporation, 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, Texas, a Municipal
Corporation and as the City Manager, thereof, and for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of
1994, A.D.
My commission expires : Notary Public, State of Texas
Notary' s Printed Name
rage 5 - of 7 Pages
Item N . _
1-
Ne
cy•
p t+-
N\S
so
wGUY
C
ANCHOR " . \
POLE
N 4,
a
i
39•
x, h a
O•
90
h PLACE OF
BEGJNNING
POLE
ry/< /
CENTERLINE OF 15' WIDE
ELECTRIC UTILITY LINE EASEMENT
S•
3 S•
C •
V.
1(-\ .1
SERVICE POLE /1 K •
END OF EASEMENT
4
CENTERLINE
O .,
PUMP BLDG.
FENCE AY" + 1
wti'.l•
f
7'..y23.?"3r/
SCALE: 1-= 40 FT.
SURVEY 15 FOOT WIDE TUELECTRIC EASEMENT TO SERVE
THE ABOVE DESCRIBED TRACT WAS SURVEYED CITY OF OLNEY RAW WATER PUMPING FACILITIES
AMERICAN TRIBUNE NEW COLONY LAND, BLOCK III
MARCH 31 , 1994 AND THE DIMENSIONS
ARCHER COUNTY, TEXAS ,
SH WN ARE HEREBY CERTIFIED TO BE TRUE CITY OF OLNEY , TEXAS
A /90 CORRE° SURVEY FOR•
1 /
CORLETT, PROBST a BOYD , INC.
REGISTERED PUBLIC SURVEYORS
REGISTERED PROFS SIONAL LAND SURVEYOR WICHIT
ge 6----of Pages
N
i xA//,e/T T`a6E•1 ,.. `mtla Item No.
l ^
RICHARD K.BOYD
DENNIS PROBST
Res:817-692-0230
Res:817-692-4204
CORLETT
1912 KEMP BLVD (817) 723.1455 WICHITA FALLS. TEXAS
76309
PROBST
BOYD, Inc. engineers surveyors planners
April 8, 1994
FIELD NOTES
FIELD NOTES OF THE CENTERLINE OF A 15.0 FOOT WIDE ELECTRIC
UTILITY LINE EASEMENT SERVING OLNEY RAW WATER PUMPING
FACILITIES AT LAKE KICKAPOO IN BLOCK 111, AMERICAN TRIBUNE
NEW COLONY LAND, ARHCER COUNTY, TEXAS AND DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING at an existing power pole near the North end of the Lake Kickapoo Dam
which bears S 19° 47' 12" W 3459.3 feet from the Northeast corner of Block 111,
American Tribune New Colony Land;
THENCE N 36° 39' W a distance of 109.0 feet to a pole location at which point a guy
location bears N 36° 23' W a distance of 31.43 feet;
THENCE S 48° 46' W from the pole location a distance of 216.4 feet to a service pole
for the end of this easement.
RKB:Is
Page 7 of 7_ rmrne
Agenda Item No.
e/Y/B/7"-
27,
46"E2 ofi