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Res 032-87 3/5/1987J RESOLUTION NO. 32-87 RESOLUTION APPROVING EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY FOR ELECTRIC DISTRIBUTION LINE FOR RED CROSS FACILITY. WHEREAS, on June 3 , 1986 , the City Council approved a fifty- year lease to the American Red Cross, Wichita County Chapter, for two tracts of land out of Lot 1-B, Replat of Lot 1, Block 7 , Bellevue Addition; and, WHEREAS, the Red Cross is now preparing to construct a new classroom facility on a portion of this property, and such construction will require an additional electric distribution line be installed. 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 Electric Service Company for a distribution line on a tract out of Lot 1-B, Block 7 of Bellevue Addition, Wichita Falls, Wichita County, Texas, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 5th day of March, 1987 . M A Y O R ATTEST: City Clerk RECEIVED IN CITY CLERK'S OFFICE Data, 3425/27 By 1346 The g:55 F 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...CQ**********1 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 Lot 1-B, Block 7, of the Bellevue Addition, Wichita County, Texas, and being more particularly described in that certain deed as recorded in Volume 43, Page 576, 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 above said tract, said point being 182 feet North and 100 feet West of the Southeast corner. THENCE West 195 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 on 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......._.._.........._. day of Company Agent or CORPORATION Employee Securing Easement: James lerzina, City Manager