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Res 150-90 9/4/1990RESOLUTION NO. 150-90 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED FOR THE RELEASE OF AN EASEMENT FOR ANY INTEREST OWNED BY THE CITY IN BLOCK 20, KNOTT BROTHERS SUBDIVISION, TO O.D. SKINNER AND WIFE, MARY SKINNER, IN EXCHANGE FOR AN EASEMENT AND RIGHT-OF-WAY CONVEYED BY AND DESCRIBED IN AN EASEMENT AGREEMENT EXECUTED BY MR. AND MRS. SKINNER TO THE CITY AND THE WICHITA COUNTY WATER IMPROVEMENT DISTRICT NO. 2 . WHEREAS, the City Council of the City of Wichita Falls, Texas, and the Wichita County Water Improvement District No. 2 have received a request to Quit Claim any interest owned by the City and said Water District in an easement located in Block 20, Knott Brothers Subdivision, and further described in a Quit Claim Deed attached hereto and made a part hereof; and, WHEREAS, in consideration of said release of easement, the City and Water District would receive an easement and right-of- way located in Block 20 of the Knott Brothers Subdivision, and further described as Exhibit "A" attached hereto and made a part hereof; and, WHEREAS, the City Council of the City of Wichita Falls is of the opinion that the execution of said Quit Claim Deed is in the public interest and desirable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The Mayor of the City of Wichita Falls, Texas, be and is hereby authorized to execute on behalf of the City of Wichita Falls, a Quit Claim Deed to O. D. Skinner and wife, Mary Skinner, of a 1.16 acre tract of property across Block 20, Knott Brothers Subdivision, Jonas English Survey #25, in exchange for an easement and right-of-way conveyed by and described in the above- referenced easement agreement as Exhibit "A" . PASSED AND APPROVED this the 4th da -•f September - - 0. 001111 M A O R ATTEST: City Cl rk QUIT-CLAIM DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA . That the WICHITA COUNTY WATER IMPROVEMENT DISTRICT #2, and THE CITY OF WICHITA FALLS, TEXAS, both being municipal and political corporations and subdivisions of the State of Texas, and each acting herein by and through their respective officers hereunto duly authorized, hereinafter called Grantors, for and in consideration of the mutual benefits derived and to be derived from the release of this easement by Grantors herein to Grantees in exchange for an easement conveyed by easement agreement of even date herewith to Grantors by Grantees herein, have granted, sold, conveyed, leased and forever quit-claim unto the said 0. D. SKINNER and wife MARY K. SKINNER, hereinafter called Grantees , all our right , title and interest in and to the following described real property situated in Wichita County, Texas, to-wit: A certain tract or parcel of land more particularly described as follows: Beginning at a point in the Westerly line of Lot Twenty (20) Knott Brothers Subdivision, Jonas English Survey #25, which is 780 feet North Westerly of the Southwest corner of said Lot 20, point being the centerline of W. J. Lateral Survey Station 232 plus 36.9. Then following the centerline South 87° 01 ' East 92.0 feet, then South 47° 31' East 44.97 feet to a point being in centerline of W. J. Lateral Survey station 233 plus 73.87 and said point being the place of beginning for this quit-claim deed along existing W. J. Lateral : THENCE, a strip of land 45 feet wide, being 15 feet on the left and 30 feet on the right South 47° 31 ' East 158.93 feet; THENCE, continuing the same 45 foot width strip of land South 57° 46' E 352.2 feet; THENCE, continuing the same 45 foot width strip of land North 88° 14' East 121 .0 feet; THENCE, continuing the same 45 foot width strip of land N 44° 20' E 469.0 feet parallel and adjacent to Southerly line of said lot 20; THENCE, continuing the same 45 foot width strip of land South 76° 01' E 34.4 feet to a point on the Southerly line of said lot 20, being 660 feet Easterly from the Southwesterly corner of lot 20 Knott Brothers Subdivision of Jonas English Survey #25 and containing 1 . 16 acres. To have and to hold the above described premises, together with all and singular the appurtenances thereto in any way belonging unto the said Grantees, their successors and assigns. IN WITNESS WHEREOF, the WICHITA COUNTY WATER IMPROVEMENT DISTRICT 2 and THE CITY OF WICHITA FALLS, TEXAS, both being municipal corporations of Wichita County, Texas, have caused this instrument to be executed by and through their respective officers duly authorized on this the day of August , 1990. CITY OF WICHITA FALLS, TEXAS By WICHITA COUNTY WATER IMPROVEMENT DISTRICT #2 By ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WICHITA . BEFORE ME , the undersigned authority, a notary public, in and for the State of Texas , on this day personally appeared, MICHAEL LAM, Mayor of the City of Wichita Falls, Texas, a municipal corporation, known to me to be the person and officer, whose name is subscribed to the foregoing document, and acknowledged to me that he executed the same on behalf of the said CITY OF WICHITA FALLS, TEXAS, for the purposes and considerations therein expressed and in the capacity therein stated. Notary Public, State of Texas My commission expires: Notary' s Printed Name: ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WICHITA BEFORE ME, the undersigned authority, a notary public, in and for the State of Texas, on this day personally appeared, BOBBY ROWLAND, President of the WICHITA COUNTY WATER IMPROVEMENT DISTRICT #2, a political subsidy, known to me to be the person and officer, whose name is subscribed to the foregoing document , and acknowledged to me that he executed the same on behalf of the said WICHITA COUNTY WATER IMPROVEMENT DISTRICT #2 , for the purposes and considerations therein expressed and in the capacity therein stated. Notary Public, State of Texas My commission expires: Notary's Printed Name: EASEMENT AGREEMENT STATE OF TEXAS COUNTY OF WICHITA . Grant of Easement 1. That 0. D. SKINNER and wife MARY K. SKINNER formerly MARY K. YAWN, hereinafter called Grantors, for and in consideration of the mutual benefits derived and to be derived from the release of an existing easement by Grantees herein by Quit-Claim Deed of even date to Grantors herein and the exchange of said existing easement for the easement herein granted by Grantors to Grantees herein, do hereby grant, sell and convey unto the WICHITA COUNTY WATER IMPROVEMENT DISTRICT #2, and the CITY OF WICHITA FALLS, TEXAS, a municipal corporation, hereinafter called Grantees, an easement and right-of-way upon and across the following described property of the Grantors: Tract described in Exhibit "A" attached hereto and made a part hereof. Character of Easement 2. The easement granted herein is appurtenant to the dominant tenement. Location of Easement 3. The easement and right-of-way hereby conveyed shall be upon and across the above described property and more particularly described as follows: Described in Exhibit "B" attached hereto and made a part hereof. Purpose of the Easement 4. The right-of-way, easement, rights and privileges herein granted shall be used only for the purpose of replacing, constructing, operating, repairing, maintaining, rebuilding, replacing, relocating and removing a pipeline for the transmission of irrigation water and drainage water. Duration of Easement 5. The easement, rights and privileges granted herein are perpetual. Grantors hereby bind themselves, their heirs, and legal representatives, to warrant and forever defend the above described easement and rights unto Grantees, its successors, and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. Exclusiveness of Easement 6. The easement, rights and privileges herein granted are exclusive, and Grantors covenant that they will not convey and other easement or conflicting rights within the area covered by this grant. Crop Damages 7. In the event Grantees shall cause damage to a growing crop on any portion of the property belonging to Gratnors lying outside of the boundary lines of this easement, Grantees agrees to pay Grantors reasonable compensation for such damage. Right of Ingress and Egress 8. Grantors hereby grant to Grantees the right of ingress and egress over land belonging to Grantors for the purpose of access to and from the easement herein granted. Rights Reserved 9. Grantors retain, reserves and shall continue to enjoy the use of the surface of such easement herein conveyed for the limited purpose of cultivating and growing crops on same. The cultivating and planting of crops on the surface of the easement shall be at Grantor's risk, and Grantees shall not be responsible for any damages caused to said crops planted within the boundaries of the easement. Gratnors shall not cause any structure or any improvements to be built on the easement. Grantees shall not cause any fences to be built on the easement herein granted. Grantees further agrees to preserve the integrity of the surface of the easement as much as possible, and in this regard agrees that during the construction and laying of the irrigation pipeline, Grantees shall cause the top-soil taken from the surface of the easement to be used last in the back-filling of the ditch in which the irrigation pipeline is buried. Grantees further agree to fill and level as near as possible the existing irrigation ditch which is being released to Grantors herein by Grantees herein by Quit-Claim Deed of even date herewith. Entire Agreement 10. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. Binding Effect 11. This agreement shall bind and inure to the benefit of the respective parties, their personal representatives, successors, and assigns. IN WITNESS WHEREOF, this instrument is executed this the day of 1990. 0. D. SKINNER MARY K. SKINNER ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF WICHITA . This instrument was acknowledged before me on the day of 1990, by 0. D. SKINNER and wife MARY K. SKINNER. Notary Public, State of Texas My commission expires: Notary' s Printed Name: EXHIBIT "A" A tract of land lying and being situated in the County of. Wichita, State of Texas, and described as the South 1/2 of the West 1/2 of Block No. Twenty (20) , Knott Brothers Subdivision of Jonas English Survey , Abst . #71 , Wichita County , Texas . EXHIBIT "B" A 25 foot wide easement canal in Block 20, Knott Brothers Subdivision of the Jonas English Survey, Abstract 71 , Wichita County, Texas and being 12.5 feet on each side of the centerline described by metes and bounds as follows: BEGINNING at a point on the East line of the existing WJ Lateral ; said point bears S70°33'02"W 17.00 feet to the centerline of the existing WJ Lateral at Survey Station 233+73 .87; said point bears N70°33 '02"E 2.73 feet to a bridge spike set; sidelines being lengthened or shortened to meet the East line of said existing WJ Lateral. THENCE N70°33'02"E at 2.73 feet pass bridge spike set and continuing on the same course in all 1 ,378.21 feet to a bridge spike set in South line of Block 20, Knott Brothers Subdivision of the Jonas English Survey, Abstract 71 , Wichita County, Texas; said spike bears N44°21 '30"E 28.33 East along the South line of said Block 20 to the Southeast corner of a tract of land deeded to 0. D.Skinner and Mary K. Yawn from Rossetta Greene as recorded in Volume 1016, Page 176, Wichita County Deed Records; sidelines being lengthened or shortened to meet the South line of said Block 20.