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Res 176-86 11/15/1986RESOLUTION NO. RESOLUTION APPROVING EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY FOR ELECTRIC DISTRIBUTION LINE AT FIRE TRAINING FACILITY. 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 to Texas Electric Service Company an easement for a distribution line at the fire training facility is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 18th day of November, 1986. ATTEST: City Clerk DISTRIBUTION EASENENT AND RIGHT -OF -WAY 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 (herein referred to in the singular, whether one or more) of ....... .......Wichita , .................... County, Texas, for and in consideration ofONE AND N01100 ----------------------------------------------------- ($.l•. --- - -- 00****** to me in hand aid b Texas Electric Service Company have ...l a ) p y p y 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 tract of land out of Block 1, Unit 2, of the Arrowhead Industrial District, M. Carbajal Survey, Abstract 44, Wichita County, Texas, and being more particularly described in that certain deed as recorded in Volume 1047, Page 733, 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 295 feet Southwest of its Northeast corner; THENCE North 28 degrees West 75 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 wit)-Lin, 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 ._ ................................ ............................................ 19 ......... CITY OF WICHITA FALLS, Company Agent or A..MUNICIPAL CORPORATION,,,,,,,,,,,,,,,, Employee Securing Easement: .... ...• . ............................... .................... ....... ....... ames erz�.na, ity Manager w m z k7 a U i m W W F� W m f Z 0. W kE W H 44 O E'4 W E q� O V UE THE STATE OF TEXAS COUNTY OF 0 0 11r 0 0 � n n = U it M m F 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 Notary Public in and for County, Texas. E O U •'p b � A c U Q C 'Tj C rte. FH-i : p4 O E-1 Cd 0 W U 0 1-4 C* •p `d as A C): OO y aiA �i zi W W C y x y, O bo p. of y+e v2 .SG tr a v a, � q T-r m ff 4' ti ar ` t3 w ago r"5 4 THE STATE OF TEXAS COUNTY OF 0 0 11r 0 0 � n n = U it M m F 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 Notary Public in and for County, Texas. DLSTRMUTION EASEMENT AND RIGHT- OF-WAY THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF - - -- WICHITA 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 N01 100------------------------ - - - - -_ - - - -, ------------ _.�- -- _Dollars (� 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 Iands located in ..............Wd.ch7. .....__.............. County, Texas, to wit: Being described as a tract of land out of Block 1, Unit 2, of the Arrowhead Industrial District, M. Carbajal Survey, Abstract 44, Wichita County, Texas, and being more particularly described in that certain deed as recorded in Volume 1047, Page 733, 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 295 feet Southwest of its Northeast corner; THENCE North 28 degrees West 75 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 CITY OF WICHITA FALLS, Em any Agent or .A...M MUNICIPAL ................. Employee Securing Easement: QRPQRATIO ... ............................... James Berzina.. City Manager a w A x w O U � S7 W H a W � 7 Z � W r� i F �I E-4 w N q� 0 U Ui 3' Q g a THE STATE OF TEXAS COUNTY OF O N' 3 QE Ui O �j Oi Pa; 0; �i a >4 C13 W o o� ai o m H A4 A �& U �. Cc, d w A U W y 4 ° o o m W � y � ,� O •� N � � v°, n � n Hcc� Q1 �„d Py' �m n j U W U $4 -d U a W ?-0 r �! O o y : w 5, ? sCS w �Q 4 Id" H s+ p aF'i a' od a) A GR W H o (> LS q p I H U 4 � C7 �°, 45 0 BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19 Notary Public in and for County, Texas. THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared. _- known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19 Notary Public in and for County, Texas. THE STATE OF TEXAS COUNTY OF WICHITA BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Jaynes Berzina, City Manager , known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of A. D. 19 Notary Public in and for County, Texas. i EP # 3 I d ►�►r 11 b- '.UATE� _ p G. � f� VZ�Z,�.. �A ...�:R�.r�S�r 5.z��►y,aa- - - `• � , "•X - �� - "MR�F�iQ:� T'�°t�?,.�_$_�..,- # .,..,� -- pRo►.�. pOCE o01 to PaLE a3o3 ..,. $CALF''r,,JO© t - -k 0: , -- F tea::. xx t�Z.T�ALLSu,•_r :_•._.,_ -. _; _�.TSO tl�t�4R CONTRACT OR - - -- - -- — , - -.- � <.r.�y Lam- f _ .. . „__. - -- �- -- ---- -- •- � ---� - •� - - Z�S7 -. _ � _._ 1 _.. ; � 'F Z �.� D E. t? T . T R i�'S�N3:►�C;. ' 1'rl�� �- - � Z Q$ , _ . - - - - _ ': � AiC i�- #o�y- °1.nrab6 -��� : ; _oOta ....- # - -- '►8.?.�Z.3. • co _ S�A`KVS \o -. :_ -�l_S � 1. Yu. Rw.35 A _ :.__ _ '_— ._r-_. ...... _ I .� ._-. d H 'y�'6T.z' �y2.\ •ooh r i� ��� _._ _ . CA- - O �-I . V20%,-E RMV 5 1 - ��� FT, �s q cuS�ar.►� f'v���•A�. S�.RV�C.LS �'� Zy 50 BV RK�UR►J ESC Z' RD. P SHOP r UtiS-7 -:z_ gL.001t 3 CuS70NI\ NNE7N\.- SERVICES KROW `��E�Q zNDu S-�KZPAL. Z`A 50 6URK R ONO