Res 170-85 11/5/1985RESOLUTION NO. M-1`
51
RESOLUTION APPROVING PARTIAL RELEASE OF
EASEMENT FOR HIGHWAY AND LAKE ARROWHEAD
TRANSMISSION PIPELINE ACROSS RODDY LAND
IN ARCHER COUNTY, TEXAS.
WHEREAS, S. C. Roddy and wife, Mattie V. Roddy executed an easement
dated December 2, 1967, to the City of Wichita Falls, granting the
City an easement 125' wide across their lands in the J. Poitevent
Survey, A-915 Archer County, Texas for a highway and for a pipeline
for the transmission of raw water from Lake Arrowhead;
WHEREAS, the City no longer needs an easement for a highway nor
an easement 125' in width for the water transmission line, and the
City has been requested to release the easement covering 85' of the
125' wide easement for consideration for the sum of $4,000 cash.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
In consideration of the payment of such sum, the City Manager
is hereby authorized to execute and deliver a partial release, releasing
that rtion of such easement that covers a strip of land 85' wide,Po P
and reserving the easement on a strip of land 40' wide on which the
raw water transmission line is located.
PASSED AND APPROVED this the 5th day of November, 1985.
MAY•
ATTEST:TTEST:
City Clerk
THE STATE OF TEXAS )
COUNTY OF ARCHER )(
PARTIAL RELEASE OF EASEMENT
WHEREAS, S. C. Roddy and wife, Mattie V. Roddy, granted to the City
of Wichita Falls an easement for highway purposes of laying out, opening,
constructing, operating, maintaining and reconstructing a highway facility
thereon, together with necessary incidentals and appurtenances thereto,
including the right to construct, operate,and maintain a pipeline with
necessary incidentals and appurtenances thereto, in, along, upon and across
a tract of land 125 feet in width out of the S. C. Roddy lands in the
J. Poitevent Survey, A-915, Archer County, Texas; said easement was
granted by instrument dated December 2, 1967, and recorded in Volume 322,
Page 46, Deed Records of Archer County, Texas; and,
WHEREAS, the City of Wichita Falls no longer needs an easement for a
highway facility nor an easement 125 feet in width; therefore, the City is
agreeable to releasing such easement insofar as it covers a strip of land 85
feet in width out of the above described 125 foot wide easement.
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars
10.00) and other good and valuable consideration, the City of Wichita Falls
does hereby release, relinquish and surrender unto the said S. C. Roddy,
a widower, and his heirs and assigns, all of the easement rights granted in
said instrument recorded in Volume 322, Page 46, Archer County Deed
Records, insofar as they cover a tract of land 85 feet in width, such tract
being all of the original tract of 125 feet, save and except a tract of land 40
feet in width, being 20 feet on either side of the center of the pipeline which
the City has previously installed on such easement to transmit raw water from
Lake Arrowhead to the City of Wichita Falls.
The City of Wichita Falls reserves unto itself, and excepts from this
release, the easement on that tract of land 40 feet in width, which is a part
of the 125 foot wide easement described above, and being 20 feet on either
Moor
1010011111- Limos
side of the center of the raw water pipeline which runs from Lake Arrowhead
to the City of Wichita Falls. City shall have the right to construct,
reconstruct, operate and maintain the pipeline with necessary incidentals and
appurtenances thereto, in, along, upon and across such 40 foot wide
easement. Should any fences be placed across the easement, such fences
shall have gates for use by City's employees, agents, and contractors when
they are engaged in the use of such easement.
City releases the right to build fences along either side of such 40 foot
easement, it releases the right to use such 40 foot easement as a public
highway, and it releases-the right to take and use without additional
compensation any water, stone, earth, gravel, caliche, iron ore, or any other
road-building materials upon and under said land for the construction and
maintenance of a road. The fences previously built on both sides of the 125
foot wide easement are the property of the City, and may be removed by City.
EXECUTED this the day of 1985.
ATTEST: THE CITY OF WICHITA FALLS, TEXAS
By:
City Clerk City Manager
STATE OF TEXAS )(
COUNTY OF WICHITA )(
BEFORE ME, the undersigned, a Notary Public for the State of Texas,
on this day personally appeared James Berzina, City Manager for the City of
Wichita Falls, a municipal corporation, 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, and said instrument was executed as the act of the said City of
Wichita Falls, a municipal 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
1985.
Notary Public, State of Texas
My Commission Expires:
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