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Res 204-84 11/6/1984RESOLUTION NO. p lik-C q RESOLUTION APPROVING AND AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT WITH TEXAS ELECTRIC SERVICE COMPANY IN WEEKS PARK. 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, granting to Texas Electric Service Company an easement for an underground electric distribution system in Weeks Park is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 6th day of November, 1984 . A Y O R 41,7:e# ATTEST: City Clerk EASEMENT 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 for and in consideration of the sum of $1.00 and other valuable consideration, the receipt and sufficiency of which is hereby ac- knowledged, to us in hand paid by TEXAS ELECTRIC SERVICE COMPANY, hereinafter called Electric Company, does hereby grant, bargain, sell and convey unto said Electric Company an easement and right—of—way for the construction,reconstruction, maintenance, operation and removal of an underground electric distribution system over, across and under those certain lands described as: Being described as a 91. 42 acre tract of land out of the Weeks Park Golf Course and Club House Survey, Abstract 294, Wichita County, Texas , and being more particularly described in that certain deed as recorded in Volume 270, Page 163, 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 an existing distribution line said point being 1100 feet West of the Intersection of Memorial Drive and Lake Park Drive; THENCE North 900 feet to a turning point; THENCE West from the turning point 90 feet to a point. together with the right of ingress and egress along and upon said easement strip and over and across Grantor's adjoining properties for the purpose of constructing, reconstructing, maintaining, operating or removing said underground electric distribution system, and the right of ingress and egress on the lands immediately adjoining such easement strip as may be necessary to accommodate needed machinery in the construction or reconstruction on such easement, together with the right to trim or cut down such trees, shrubs or bushes on or in the immediate vicinity of such easement strip as may be necessary in the sole judgment of Electric Company to permit the proper construction,reconstruction, maintenance or repair of same; and provided further that should there now or hereafter be con- structed on the premises covered by such easement fences or other obstructions, the same shall be removed by the owner thereof and at no cost to Electric Company, if necessary in the construction, reconstruction, maintenance or removal of said underground distri- bution system. The wires and/or conduits to be erected on the above described property by Electric Company shall be laced underground, except that Electric Company may install, maintain and operate transformers and service connections above ground at points to be determined by Electric Company. TO HAVE AND TO HOLD unto the said Electric Company, its successors and assigns, forever. WITNESS OUR HANDS this day of 19 CITY OF WICHITA FALLS, A MUNICIPAL CORPORATIQN James Berzina, City Manager Page of a Pages Agenda Item No.