Res 123-89 8/1/1989e
RESOLUTION NO. 123-89
RESOLUTION AUTHORIZING CONVEYANCES TO TEXACO
PIPELINE INC. OF PIPELINE EASEMENTS ON FIVE
TRACTS, AUTHORIZING LICENSE TO CROSS PUBLIC
RIGHTS-OF-WAY, AND AUTHORIZING GRANTING A
LICENSE TO SUSPEND ITS PIPELINE ON A BRIDGE
ON THE COUNTRY CLUB PREMISES, AS PART OF THE
HOLLIDAY CREEK PROJECT.
WHEREAS, as part of the Holliday Creek Project, the City is
having to relocate a Texaco Pipeline Inc. pipeline in the area of
the east boundary line of the Wichita Falls Country Club; in
order to accomplish this, it is necessary that the City convey to
Texaco Pipeline Inc. easements on certain tracts, a license to
cross Bridwell and Grace Streets and an alley, and a license to
suspend the pipeline from a utility bridge constructed by the
City over Holliday Creek.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
Those certain instruments, copies of which are attached
hereto, are hereby approved, and the City Manager is authorized
to execute and deliver the same for the City of Wichita Falls.
PASSED AND APPROVED this the 1st day of August, 1989.
M A Y O R
ATTEST:
City erk
THE STATE OF TEXAS
COUNTY OF WICHITA
WHEREAS, the City of Wichita Falls is in the process of
acquiring from the Wichita Falls Country Club a permanent
drainage and utility easement on two tracts of land on the
Country Club premises, said tracts being identified as Parcel
69-A, Tract II, and Parcel #69-A, Tract III, and being described
as follows:
Parcel #69-A Tract II
A 0.055 acre tract of land out of the John A.
Scott Survey No. 9, Abstract No. 305, Wichita
County, Texas, and described by metes and bounds
as follows:
BEGINNING at an iron rod in the East line of the
Wichita Falls Country Club land as described
under First Tract and the Second Tract in deed to
the Wichita Falls Country Club as recorded in
Volume 479, Pages 497 and 498 of the Wichita
County Deed Records; said iron rod bears North
00° 59 ' 05" East a distance of 2,405. 36 feet from
a 2" galvanized iron corner post found at the
intersection of the East line of the Wichita
Falls Country Club land with the North line of
Midwestern Parkway; said iron rod bears South 85°
50 ' 02" West a distance of 399. 67 feet from a
Corps of Engineers monument stamped 150 ' Lt. ,
Sta. 203 + 16. 93 ;
THENCE South 00° 59 ' 05" West with the East line
of said Wichita Falls Country Club land a
distance of 42.88 feet to a point;
THENCE North 89° 00 ' 55" West a distance of 68. 14
feet to a point;
THENCE North 00° 59' 05" East a distance of 27.00
feet to a point on the South right-of-way line of
Holliday Creek being a curve to the right, having
a radius which bears South 15° 07 ' 55" East a
distance of 670. 0 feet from this point;
THENCE in a Northeasterly direction with said
curve to the right an arc distance of 70.0 feet
to the PLACE OF BEGINNING and containing 0. 055
acre of land.
Parcel #69-A Tract III
A 0.087 acre tract of land out of the John A.
Scott Survey No. 10, Abstract 305, Wichita Falls,
Wichita County, Texas, and described by metes and
bounds as follows:
BEGINNING at an iron rod in the East line of the
Wichita Falls Country Club land as described
under the First Tract and the Second Tract in
deed to the Wichita Falls Country Club as
recorded in Volume 479, Pages 497 and 498,
Wichita County Deed Records, said iron rod bears
North 00° 59 ' 05" East a distance of 2,668.37
feet from a 2" galvanized iron corner post found
at the North line of Midwestern Parkway, said
iron rod bears North 59° 18 ' 21" West a distance
of 458. 30 feet from a Corps of Engineers monument
stamped 150 ' Lt. , Sta. 203 + 16. 93;
THENCE South 83° 02 ' 07" West with the North
right-of-way line of Holliday Creek a distance of
10. 88 feet to the beginning of a curve to the
left, having a radius which bears South 06° 57 '
53" East a distance of 930.0 feet from this
point;
THENCE in a Southwesterly direction with said
curve to the left an arc distance of 55. 00 feet,
subtending an arc of 03° 23 ' 18" ;
THENCE North 00° 59 ' 05" East a distance of 55. 00
feet to an iron rod;
THENCE North 76° 59 ' East a distance of 66.97
feet to an iron rod in the East line of the
Wichita Falls Country Club land;
THENCE South 00° 59 ' 05" West with said East line
a distance of 60. 48 feet to the PLACE OF
BEGINNING and containing 0.087 acres of land.
WHEREAS, the City, with the United States acting through the
Army Corps of Engineers, is widening and deepening the Holliday
Creek Channel which necessitates the relocation of certain City
utility lines and a Texaco Pipeline Inc. pipeline; and,
WHEREAS, in order to accommodate this relocation, the City
has constructed on the above two easements a bridge to suspend
such utility lines and the Texaco Pipeline Inc. pipeline across
the Holliday Creek Channel.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the
City of Wichita Falls, for and in consideration of Texaco
Pipeline Inc. ' s allowing its pipeline to be relocated, does
hereby grant to Texaco Pipeline Inc. the right and license to use
such bridge to suspend its said pipeline across the Holliday
Creek Channel, and to lay the pipeline in such easements. This
license shall remain in force and effect so long as such pipeline
is used by Texaco Pipeline Inc. During the term of this license,
the City shall maintain the bridge structure. If such pipeline
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needs to be replaced, Texaco Pipeline Inc. shall have the right
to replace it, and the license shall remain in force and effect
as long as the replacement pipeline, or any succeeding
replacement pipelines, are used by Texaco Pipeline Inc.
EXECUTED this the 17th day of July, 1989.
City of Wichita Falls
By:
James Berzina, City Manager
ATTEST:
City Clerk
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 James
Berzina, City Manager for the City of Wichita Falls, 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 as the act of said City of Wichita
Falls for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
July, 1989.
Notary Public, in and for the
State of Texas
r-
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THE STATE OF TEXAS
COUNTY OF WICHITA
WHEREAS, James E. Parish and wife, Vivian Parish, executed
an easement to the City of Wichita Falls for a crude oil pipeline
on a thirty ( 30) foot wide strip of land containing 0.045 acres
of land, identified as Parcel #63-AA, Holliday Creek Project,
which easement is dated February 7, 1989, and is recorded in
Volume 1502, Page 828, Wichita County Deed Records, reference to
which is here made for a complete legal description of said 0. 045
acres of land; and,
WHEREAS, Evelyn Mozelle McCabe Huckabee executed an easement
to the City of Wichita Falls for a crude oil pipeline on two
thirty ( 30) foot wide strips of land, one containing 0. 036 acres
of land, identified as Parcel #65-B, Holliday Creek Project, and
the other containing 0. 092 acres of land, identified as Parcel
67-AA, Holliday Creek Project; said easement is dated April 6,
1989, and is recorded in Volume 1505, Page 829, Wichita County
Deed Records, reference to which is here made for a complete
legal description of said 0. 036 acres and 0. 092 acres of land;
and,
WHEREAS, Virginia Louise McCabe Kent executed an easement to
the City of Wichita Falls for a crude oil pipeline on two thirty
30) foot wide strips of land, one containing 0. 036 acres of
land, identified as Parcel #65-B, Holliday Creek Project, and the
other containing 0. 092 acres of land, identified as Parcel
67-AA, Holliday Creek Project; said easement is dated April 10,
1989, and is recorded in Volume 1505, Page 826, Wichita County
Deed Records, reference to which is here made for a complete
legal description of said 0. 036 acres and 0. 092 acres of land;
and,
WHEREAS, Mona Marie McCabe Mitchell executed an easement to
the City of Wichita Falls for a crude oil pipeline on two thirty
30) foot wide strips of land, one containing 0. 036 acres of
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land, identified as Parcel #65-B, Holliday Creek Project, and the
other containing 0. 092 acres of land, identified as Parcel
67-AA, Holliday Creek Project; said easement is dated March 30,
1989, and is recorded in Volume 1505, Page 834, Wichita County
Deed Records, reference to which is here made for a complete
legal description of said 0.036 acres and 0. 092 acres of land.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the
City of Wichita Falls, Texas, for and in consideration of the sum
of One ( $1.00) Dollar and other good and valuable consideration
paid by Texaco Pipeline Inc. , does hereby grant and convey unto
Texaco Pipeline Inc. , its successors and assigns, the four
easements described above.
TO HAVE AND TO HOLD the same perpetually unto Texaco
Pipeline Inc. , its successors and assigns, subject to the terms
of said easements.
EXECUTED this the 17th day of July, 1989.
City of Wichita Falls, Texas
By:
James Berzina, City Manager
ATTEST:
City Clerk
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 James
Berzina, City Manager for 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 as the act of said
City of Wichita Falls for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
July, 1989.
Notary Public, in and for the
State of Texas
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STATE OF TEXAS
COUNTY OF WICHITA
WHEREAS, the City of Wichita Falls, with the United States
acting through the Army Corps of Engineers, is widening and
deepening the Holliday Creek Channel which necessitates the
relocation of a Texaco Pipeline Inc. pipeline.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the
City of Wichita Falls, for and in consideration of Texaco
Pipeline Inc. ' s allowing its pipeline to be relocated, does
hereby grant and convey to Texaco Pipeline Inc. , its successors
and assigns, an easement for the purpose of constructing,
operating, servicing, maintaining and replacing a crude oil
pipeline in, under, upon and across those certain tracts of land
in Wichita County, Texas, described as follows:
FIRST TRACT
A 0. 004 acre tract of land in Lot 11, Block
9, Country Club Addition to the City of
Wichita Falls, Texas, described as follows:
BEGINNING at an iron rod on the West line of
an alley and the South line of the Holliday
Creek right-of-way, the Northeast corner of
Lot 11, Block 9, Country Club Addition, bears
North 01° 03 ' 14" East 42.84 feet, a Corps of
Engineers Monument marked 150 Lt. , 203 +
16. 93 bears North 84° 25 ' 46" East 206.11
feet;
THENCE South 01° 03 ' 14" West 7. 16 feet, with
the East line of the alley and the East line
of Lot 11 to an iron rod at its Southeast
corner;
THENCE North 88° 56 ' 47" West 50.77 feet with
the South line of Lot 11 to an iron rod on
the South line of the Holliday Creek right-
of-way;
THENCE North 83° 02 ' 07" East 51. 27 feet
along the South line of the Holliday Creek
right-of-way to the Place of Beginning and
containing 0. 004 acres of land.
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SECOND TRACT
A 0.06 acre tract of land in Lot 3 , Block 9,
Country Club Addition to the City of Wichita
Falls, Texas, described as follows:
BEGINNING at an iron rod found on the West
line of Grace Street and the South line of
the Holliday Creek right-of-way, the
Northeast corner of Lot 3 , Block 9, Country
Club Addition, bears North 01° 03 ' 14" East
21. 16 feet, a Corps of Engineers Monument
marked 150 Lt. , 203 + 16. 93 bears North 88°
38 ' East 51. 82 feet;
THENCE South 01° 03 ' 14" West 28.74 feet,
with the West line of Grace Street to an iron
rod at the Southeast corner of Lot 3;
THENCE North 88° 56 ' 47" West along the South
line of Lot 3 a distance of 138. 00 feet to an
iron rod at the Southwest corner of Lot 3 ;
THENCE North 01° 03 ' 14" East 9. 26 feet to an
iron rod on the South line of the Holliday
Creek right-of-way;
THENCE North 83° 02 ' 07" East 139. 33 feet to
the Place of Beginning and containing 0.060
acres of land.
TO HAVE AND TO HOLD the same unto the said Texaco Pipeline
Inc. , its successors and assigns forever.
City agrees that it will not erect or construct or permit to
be erected or constructed on or beneath the surface of the above
land any structure or improvement which will interfere in any way
with the exercise by Texaco Pipeline Inc. of its rights under
this easement. Texaco Pipeline Inc. shall not be liable for any
damage or cost of repairing any damage to the land or
improvements caused by Texaco Pipeline Inc. in the proper
exercise of its rights under this easement. After doing any work
in connection with the construction, servicing, maintenance,
operation or replacement of said pipeline, Texaco Pipeline Inc.
shall leave the surface of the ground in a reasonably level and
clean condition.
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In addition to the above easement, the City of Wichita
Falls, for the same consideration, grants to Texaco Pipeline Inc.
the right to extend the above described crude oil pipeline across
Bridwell Street, Grace Street, and the alley lying between Lots 3
and 11, Block 9, Country Club Addition to the City of Wichita
Falls.
This grant is subject to the following conditions:
1. All work done in constructing, operating, maintaining
and replacing such pipeline in the public right-of-way shall be
subject to and governed by all laws and regulations of the City
and State of Texas concerning the use of public right-of-way.
2. Prior to construction or making of any significant
changes to the pipeline which would require excavation of the
right-of-way, Texaco Pipeline Inc. shall submit engineering plans
to the City Engineer for review and approval, pursuant to the
standards generally applicable to requests for licenses to use
the public right-of-way. Approval of such plans will not be
unreasonably delayed or denied by City, but City shall have the
right to determine the location and depth within the public
right-of-way where the pipeline is placed.
3 . All excavations and other construction in the public
right-of-way shall be carried out so as to interfere as little as
practicable with the use of the streets and sidewalks by the
public. Texaco Pipeline Inc. shall be responsible for the
placement of all necessary signs, barricades and lights.
4. Texaco Pipeline Inc. shall indemnify and hold harmless
the City, its officers and employees from all suits for injuries
or damages arising out of the construction, operation,
maintenance or reconstruction of such crude oil pipeline.
5. Should the City in the future determine that it is
necessary to lower the grade of the street or alley, or to
construct some public improvement in the street or alley, and
there is a conflict with the pipeline, it shall be the
responsibility of Texaco Pipeline Inc. to lower the pipeline or
to relocate it so as to resolve such conflict.
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EXECUTED this the day of 1989.
City of Wichita Falls
By:
James Berzina, City Manager
ATTEST:
City Clerk
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 James
Berzina, City Manager for 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 for the said City of
Wichita Falls for the purposes and consideration therein
expressed and in the capacity therein stated. .
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
1989.
Notary Public, in and for the
State of Texas