Res 168-89 10/3/1989RESOLUTION NO. 168-89
RESOLUTION APPROVING AN EASEMENT TO TU
ELECTRIC FOR THE RELOCATION OF AN ELECTRIC
SERVICE LINE ON THE WICHITA RIVER TRAIL.
WHEREAS, in accordance with the plans for the Wichita River
Trail System Project between the Falls and Eastside Drive,
certain utility lines must be relocated prior to the commencement
of construction; and,
WHEREAS, Texas Utilities Electric Company has identified
their distribution line between Scott and Indiana for such
relocation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
That certain instrument, a copy of which is attached hereto,
granting an easement to Texas Utilities Electric Company for an
electric distribution line on a tract out of Block 92 of the
Original Townsite and out of Block T of the Water Power Property,
Wichita Falls, Wichita County, Texas, is hereby approved. The
City Manager is hereby authorized to execute this easement on
behalf of the City of Wichita Falls.
PASSED AND APPROVED this the 3rd day of October, 1989.
M A‘4 Y O R
ATTEST:
City ' erk
EASEMENT
THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
That CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION, ACTING HEREIN BY
AND THROUGH ITS DULY AUTHORIZED OFFICERS
for and in consideration of the sum of $1.00 and other valuable consideration, the receipt and sufficiency of which is hereby ac-
knowledged, to us in hand paid by TECAS ELECTRIC O /NY hereinafter called Electric Company, does hereby grant,
bargain, sell and convey unto said Electric Company an easement an right—of—way for the construction, reconstruction, maintenance.operation and removal of an underground electric distribution system over, across and under those certain lands described as:
ing described as a .078 acre tract of land out of Block 91 , Lot 9B, of the Original
l'ownsite of Wichita Falls and as a 1.12 acre tract of land out of Block "T" of the Water
Power Property, Abstract 307, Wichita County, Texas, and being more particularly described
in that certain deed as recorded in Volume 1501, Page 346, and Volume 1507, Page 465, Deed
Records of Wichita County, Texas, to which reference is made for all purposes.
The centerline of the 5 foot wide easement herein granted is described as follows:
BEGINNING at a point in the above said tract, said point being 180 feet South, 55° West,
and 2.5 feet North, 35° West of the most Southerly Southeast corner of the above said
tract;
THENCE North 55° East 177.5 feet and parallel to the South line to turning point "A".
THENCE North 35° West and parallel to the East line 77.5 feet to turning point "B".
HENCE North 19° West 50 feet to a point.
together with the right of ingress and egress alone and upon said easement strip and over and across Grantor's adjoining propertiesforthepurposeofconstructing, reconstructing, maintaining operating or removing said underground electric distribution system, andtherightofingressandegressonthelandsimmediatelyadjoiningsuchcasementstripasmaybenecessarytoaccommodateneededmachineryintheconstructionorreconstructiononsucheasement, together with the right to trim or cut down such trees, shrubs orbushesonorintheimmediatevicinityofsucheasementstripasmaybenecessaryinthesolejudgmentofElectricCompanytopermittheproperconstruction, reconstruction, maintenance or repair of same; and provided further that should there now or hereafter be con-structed on the premises covered by such easement fences or other obstructions, the same shall be removed by the owner thereof andatnocosttoElectricCompany, if necessary in the construction, reconstruction, maintenance or removal of said underground distri-
bution system.
The wires and/or conduits to be erected on the above described property by Electric Company shall be placed underground, exceptthatElectricCompanymayinstall, maintain and operate transformers and service connections above ground at points to be determined
by Electric Company.TO HAVE AND TO HOLD unto the said Electric Company, its successors and assigns, forever.19
WITNESS OUR HANDS this day of
CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION
James Berzina, C ty i{` iiager