Res 217-84 11/6/1984RESOLUTION NO.
001
6(
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF
AN EASEMENT FOR AN UNDERGROUND ELECTRIC DISTRIBUTION
SYSTEM TO TEXAS ELECTRIC SERVICE COMPANY.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain easement, a copy of which is attached hereto,
from the City to Texas Electric Service Company, allowing an
underground electric distribution system, is hereby approved, and
the City Manager is authorized to execute the same for the City of
Wichita Falls.
PASSED AND APPROVED this the ‘elkday of November, 1984 .
00.7211-- A Y O R
ATTEST:
A/422 _.
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E4 U] N o t s U W : U
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
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
i 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.
Page 4 of 5 Pages
Agenda Item No . 13 . i .
EASEMENT r .
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 31.00 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 6 acre tract of land out of the O.H.P Davis Survey,Abstract 65, Wichita County, Texas, and being more particularly describedinthatcertaindeedasrecordedinVolume1262, Page 540, Deed Records of
Wichita County, Texas, to which reference is made for all purposes.
The centerline of the 4 foot wide easement herein granted is described as
follows:
BEGINNING at a point in the South line of above said tract, said point
being 2.0 feet Northwest of its Southeast corner;
THENCE Northeast and parallel to the East line 376 feet to a turning point;
THENCE West 45.5 feet to a turning point;
THENCE North and parallel to the East line 288 feet to a point in the North
line.
together with the right of ingress and egress along and upon said easement strip and over and across Grantor's adjoining propertiesforthepurposeofconstructing, 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 neededmachineryintheconstructionorreconstructiononsucheasement, 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 permittheproperconstruction, 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 andatnocosttoElectricCompany, if necessary in the construction, reconstruction, maintenance or removal of said underground distri-bution system. The electric company agrees to restore the grantor's property to an as good
or better condition after completion of any work by the electric company.
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 CORPORATION
dames berzina, City Manager
Page 3 of 5 Pages
Agenda Item No . 13 . i .
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Page 5 of 5 Pages
Agenda Item No.