Res 232-88 12/20/1988RESOLUTION NO.
RESOLUTION APPROVING EASEMENT TO SOUTHWESTERN
BELL TELEPHONE FOR A DISTRIBUTION LINE ON
CITY -OWNED PROPERTY.
WHEREAS, in accordance with the Corps of Engineers plan for
Phase II of the Holliday Creek Project, certain utility lines
must be relocated prior to the commencement of construction of
the new creek channel; and,
WHEREAS, Southwestern Bell Telephone Company currently
maintains a telecommunications distribution and transmission line
on San Antonio Street which has been identified for 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 Southwestern Bell Telephone Company for a
telecommunication and electric transmission and distribution lin
on a tract out of Block 9, Kemp and Newby Subdivision, Cherokee
County School Land, and Lots 7, 8, and 9, Block 35 of the J. A.
Kemp Addition, 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 20th day of December, 1988.
i
ATTEST:
City Clerk
D405086/TV6767 :r
582423900/401 C T"" �' °` °°"° 201
Rev. 11-71 gnu U
f,�',',�M05 /Job #`80923
ttL.,ltj SouthweStem Bell - EASEMENT
�+►' THIS EASEMENT, entered into by the undersigned, herein referred to as GRANTORS, and SOUTH-
WESTERN BELL TELEPHONE COMPANY, GRANTEE, wherein GRANTORS, in consideri'on of the sum of
Ten and No /100 -------------- ----- -- --- -- ----- -- ---- - - - --- Dollars($ �u.QO 1,
and other valuable consideration, receipt of which is hereby acknowledged, do by these presents GRANT, BARGAIN
AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective
successors, ass", and licensees, a permanent easement to construct, operate, maintain, inspect, replace and remove
such telecommunication and electric transmission and distribution systems and lines, and all appurtenances thereto, as
may be required by Grantee from time to time, upon, over and under a strip of land twenty (20.01
feet in width, across Grantors' lard situated in Wi ch i td County, Texas. and described as follows:
Tracts or parcels of land out of Block 9, Kemp and Newby Subdivision, Cherokee
County School Land, Abstract No. 33, and lots 7, 8 and 9 of Block 35, the J. A.
Kemp Addition to the City of Wichita Falls, Wichita County, Texas.
For description and location of said 20 foot wide easements, see surveyor's plats,
Exhibit A and Exhibit 8, attached hereto and made a part hereof.
TO HAVE AND TO HOLD same, with all rights and appurtenances to the same belonging, unto Grantee, its
successors, assigns and licensees until the use of the easement is relinquished or abandoned, including (1) the right to
grant licenses to electric power companies and other wire or cable using companies to jointly use the easement in
accordance with the provisions hereof, (2) the right of ingress and egress to and from the easement by reasonable
routes across Grantors' property, (3) the right to dear and trim trees, overhanging branches, roots, brush and other
obstructions in the easement, (4) the right to install temporary or permanent gates in fences crossing the easement.
Grantee, its successors, assigns and licensees, shall repair and restore the property and pay for damage to
crops or other property following construction and maintenance work. Further, Grantors reserve the right to use and
enjoy their interests in the easement area insofar as the exercise thereof 'does not endanger or interfere with the
construction, operation and maintenance of said systems and lines, and included in this reservation is the right of
ordinary cultivation of crops.
Grantors warrant that they are the owners of the land here conveyed and have the right to make this
conveyance and receive the payment therefor, and Grantors covenant that Grantee, its successors, assigns and licensees,
may quietly enjoy the premises for the uses herein stated.
Signed aid executed this day of 19
Witness:
(Corporate Seal)
ATTEST:
By
Secretary President
Page 3 of 6 Pages
Agenda Item No.
OW
z,
Mr
A M, Tract I
j, 7,4�, ,
EXHIBIT A PAGE 1 OF 2
JL417-1
g.L.Ueerf_,1g,, 111C.
,04 Scotsda!e Cane
V,,iCFI,ITA FALLS, TEXAS 76=
November 22, 1988
Field Notes
Phone (817) =-1631
A 0.019 acre tract of land in Block 9. Kemp & Newby Subdivision
of the Cherokee County School Land, Abstract 33, Wichita Falls,
Wichita County, Texas and being described by metes and bounds
as follows:
BEGINNING at a I" iron reinforcing rod set in the North line of
Block 9, Kemp & Newby Subdivision of the Cherokee County School
Land, Abstract 33, Wichita Falls, Wichita County, Texas; said rod
bears S89'06'20"E 151.99 feet to the intersection of the North
line of said Block 9 a.nd the East Line of Edwards Avenue.
THENCE S35023'53"W 47.47 feet to a V' iron reinforcing rod found
THENCE N54036'07"W at 15.00 feet pass a 12" iron reinforcing rod
found and continuing on the same course in all 20.00 feet to
a 1" iron reinforcing rod set
THENCE N35023'53"E 33.73 feet to a 21" iron reinforcing rod set on
the North line of said Block 9
THENCE S89006'20"E 24.27 feet to the place of beginning and con-
taining 0.019 acres of land more or less.
Tract 2
A 0.041 acre tract of land in Block 35, J.A. Kemp Addition, Wichita
Falls, Wichita County, Texas and being described by metes and bounds
as follows:
BEGINNING at a 12" iron reinforcing rod set in the South line of
Lot 8, Block 35, J.A. Kemp Addition, Wichita Falls, Wichita Count},
Texas; said rod bears S89006'20"E 31.37 feet to the Southeast corner
of said Lot 8.
THENCE N89006'20"W at 18.63 feet pas ' s the Southeast corner of Lot
7, Block 35, J.A. Kemp Addition, Wichita Falls,
Wichita County, Texas and continuing on the same course in
all 24.27 feet to a 2" iron reinforcing rod set on the South
line of said Lot 7
THENCE N350233'53"E 90.34 feet to a 12" iron reinforcing rod set on
the North line of said Lot 8
THENCE S88044'55"E at 4.93 feet pass the Nort-west corner of Lot 9,
Block 35, J.A. Kemp Addition, Wichita Falls, Wichita Count},
Page 4 of 6 Pages
Agenda Item No.
EXHIBIT A PAGE 2 OF 2
Field Notes
November 22, 1933
Pa -e 2
Texas and continuing on the same course in all 24,17 feet
to a 2" iron reinforcing rod set on the North line of said
y Lot 9
THENCE S35 023'53 "V1' 90.15 feet to the place of beginning and con -
taining 0.041 acres of land more or less.
The above field notes were prepared from an actual field surrey
of the land under my supervision on November 21, 1958.
OF • TF 9
•••�••••••••••••••••• •••+ ?Michael D. Brannon
MICHAEL D. BRANvJV t Registered Public Surveyor No. 2132
2132 �o
�� •. C� STEP
_* • Su��
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Page 5 of 6 Pages
Agenda Item No.