Res 158-85 11/5/1985RESOLUTION NO. /D -!J
RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER
TO EXECUTE AN EASEMENT AGREEMENT WITH TEXAS ELECTRIC
SERVICE COMPANY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
That certain easement agreement, a copy of which is attached
hereto, wherein the City of Wichita Falls grants to Texas Electric Service
Company an easement for an electric transmission line to the parks maintenance
shop near the Central Services Complex, 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 November, 1985.
M A • R
ATTEST:
City Clerk '
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
ofONE 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 4.48 acre tract of land out of the J. A. Scott Survey
No. 18, Abstract 300, Wichita County, Texas, and being more particularly
described in that certain deed as recorded in Volume 76, Page 631 and Volume
66, Page 446, 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 East line of above said tract, said point being
5 feet North of its most Easterly Southeast corner;
THENCE West and parallel to the South line 260 feet to a turning point;
THENCE North 50° West 60 feet to a point;
THENCE beginning again at above said turning point West 30 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 apace 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 Sbperation 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, A
Company Agent or MUNICIPAL CORPORATION
Employee Securing Easement:
James-•Berzina, City---Manager
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Page 4,of 4 Pages
Agenda Item No.