Res 001-87 1/6/1987 RESOLUTION NO. /-17
RESOLUTION TO APPROVE GRANTING OF EASEMENT TO
TEXAS ELECTRIC SERVICE COMPANY FOR ELECTRIC
DISTRIBUTION LINE TO SERVE WATER TELEMETRY
SYSTEM.
WHEREAS, the City of Wichita Falls desires to install a
Telemetry System for certain water and sewer facilities; and,
WHEREAS, said installation will require electric power at
a location not now being served by electricity; and,
WHEREAS, the Texas Electric Service Company needs an easement
for the installation of the electric distribution line to serve
the Telemetry System at this point; and,
WHEREAS, there is attached to this resolution a description
of the easement being requested.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
A ten foot wide easement as described on the attached form
is hereby approved to the Texas Electric Service Company for
the purposes indicated, and the City Manager is authorized to
execute the same for the City.
PASSED AND APPROVED this the 6th day of January, 987 .
M A Y O R
ATTEST:
Cit i lerk
jr-e-6/n : 14/7-nd
DISTRIBUTION EASEMENT AND RIGHT-OF-WAY
THE STATE OF TEXAS 1 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
(herein referred to in the singular, whether one or more) of........ Wichita County, Texas, for and in consideration
of ONE AND NO/100 Dollars ($1....00**#******* )
to me in hand paid by Texas Electric Service Company have granted, sold and conveyed and by these presents do grant, sell and
convey unto the said Company, an easement of right-of-way for an electric distribution line, consisting of variable numbers of
wires, and all necessary or desirable appurtenances (including poles made of wood, metal or other materials, telephone and
telegraph wire, props, guys and anchorages), at or near the location and along the general course now located and staked out
by said Company, along, over, under, across and upon the following described lands located in Wichita
County,Texas, to wit:
Being described as a 35.57 acre tract of land out of Block 28 and Block 33, of the Denton
County School Land League 1 Survey, Wichita County, Texas, and being more particularly
described in that certain deed as recorded in Volume 435, Page 152, Deed Records of
Wichita County, Texas, to which reference is made for all purposes.
The centerline of the 10 foot wide easement herein granted is described as follows:
BEGINNING at a point in the South line of the above said tract, said point being 1242
feet West of its Southeast corner;
THENCE North 420 feet to a point.
Grantor recognizes that the general course of said line, as above described, is based upon preliminary surveys only, and
hereby agrees that the easement hereby granted shall apply to the actual location of said line when constructed.
Together with the right of ingress and egress over my adjacent lands to or from said right-of-way for the purpose of
inspecting, maintaining, constructing and removing said line and appurtenances; the right to relocate along the same general
direction of said lines; the right to relocate said line in the same relative position to any adjacent road if and as such road is
widened in the future; the right to lease pole space for the purpose of permitting others to string wire or other desirable appur-
tenances or. said line; the right to prevent the construction of,for a distance of 5 feet on each side of the actual center of said
line, any or all buildings, structures or other obstructions which, in the sole judgment of the Company, may endanger or inter-
fere with the efficiency, safety, and/or convenient operation of said line and its appurtenances; and the right to trim or cut
down trees or shubbery within, but not limited to, said 10-foot space, to the extent, in the sole judgment of the Company, as
may be necessary to prevent possible interference with the operation of said line or to remove possible hazard thereto.
TO HAVE AND TO HOLD the above described easement and rights unto the said Company,its successors and assigns,until
said line shall be abandoned.
And I do hereby bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the above
described easement and rights unto the said Company, its successors and assigns, against every person whomsoever lawfully
claiming or to claim the same or any part thereof.
WITNESS .hand this Zth.....,... day of .... ...3n . •]jl , 1987....
Company Agent or C Y OF CHITA FALLS,
Employee Securing Easement: •-MIMIC '"-Al..-CORPORA
. ... ....... ....
Jam= Berzina ity Man
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THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared
known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19
Notary Public in and for County, Texas.
THE STATE OF TEXAS
COUNTY OF
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared
known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19
Notary Public in and for County, Texas.
THE STATE OF TEXAS
COUNTY OF WICHITA
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared
James Berzina, City Manager , known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said
CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION
a corporation, and that he executed the same as the act of such corporation 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 A. D. 19
I
Notary Public in and for County, Texas.
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