Res 105-94 7/18/1994RESOLUTION NO.
1037L)
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 BOYS CLUB FACILITY AT LAKE KICKAPOO;
FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS DISCUSSED WAS OPEN
TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, TU Electric has requested an easement across City-
owned land in order to allow electric service to a picnic shelter
on the land leased to the Boys Club.
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 a picnic shelter at the
Boys Club Camp.
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 18th day of July, 1994.
M A Y ` O R
ATTEST:
t MALI.1
City Cler
District: Wichita Falls
WA/Proj . : 310L236/6108477
Map Ref. : 308680
Easement: ER-
EASEMENT AND RIGHT OF WAY
STATE OF TEXAS S
S 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 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.
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
By: James Berzina, City Manager
Attest:
Lydia Torres, City Clerk
SEAL)
CERTIFICATE OF ACKNOWLEDGMENT FOR CORPORATIONS,
ASSOCIATIONS, CHURCHES, SCHOOL DISTRICTS, ETC.
STATE OF TEXAS S
S
COUNTY OF WICHITA S
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
1994, A.D.
My commission expires: Notary Public, State of Texas
Notary's Printed Name
I% N
EXAV/ii/t 4
FIELD NOTES.
FIELD NOTES OF THE CENTERUNE OF A T U ELECTRIC COMPANY SINGLE
PHASE ELECTRIC UNE SERVING THE WICHITA FALLS BOYS CLUB FACILITIES
AT LAKE KICKAPOO IN ARCHER COUNTY, TEXAS, AND DESCRIBED AS
FOLLOWS:
at an electric pole In Block 112,American Tribune New Colony Subdivision whichBEGINNINGaPa
bears S 04° 18'32°E a distance of 2984.25 feet from its Northwest corner;
THENCE N 88°24'E a distance of 108.7 feet to a pole;
THENCE N 88°49'E a distance of 1032 feet to a pole from which guy anchor beam N 34°25'
W 26.5 feet;
THENCE S 35°02'30°E a distance of 222.0 feet to a pole;
THENCE S 34°37'E a distance of 197.1 feet to a pole from which a guy anchor beam S 34°43'
E 23.0 feet for the end of this line. I""
SECTION 103
NW CORNER
SECTION 112
I
IN
SEC. III ;SECTION 112
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SCALE: I'• 100 FT.
SURVEY CENTER LINE OF ELECTRIC EASEMENT
THE ABOVE DESCRIBED TRACT WAS SURVEYED IN SECTION 112. A. T. N. C.
JUNE 6, 1994 AND THE DIMENSIONS
ARCHER COUNTY. TEXAS
SHOWN ARE HEREBY CERTIFIED TO SE TRUE AND
CAORRECT. SURVEY FOR T. U. ELECTRIC
CORLETT, PROBST 9 BOYD, INC.
REGISTERED PUBLIC sun VEYORS
REGISTERED PROFESSI NAL LANG SURVEYOR WICHITA FALLS, TEXAS.
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