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Res 132-82 8/17/1982pp RESOLUTION NO. /1A-a RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A DISTRIBUTION EASEMENT AND RIGHT-OF-WAY TO TEXAS ELECTRIC SERVICE COMPANY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT : That certain distribution easement and right-of-way, a copy of which is attached hereto, from the City of Wichita Falls to Texas Electric Service Company, is hereby approved, and the City Manager is authorized to execute the same for the City of Wichita Falls. PASSED AND APPROVED this the 17th day of August, 1982 . A Y O R ATTEST: j---4-14/21.4e2,X City Clerk DISTRIBUTION EASEMENT AND RIGHT-OF-WAY THE STATE OF TEXAS KNOW ALL MEN BY TEIESE PRESENTS: COUNTY OF WICHITA THE CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION, ACTING HEREIN BY AN : That 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 No/100 Dollars ($1..0.0********) 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 tract of land out of Blocks 28 and 33 , League 1 , of the Denton County School Lands , Wichita County, Texas and being more particularly described in that certain deed as recorded in Volume 435 , Page 152 , Deed Records of Wichita County, Texas , to which reference is made for all purposes. The centerline of the 5 foot wide easement herein granted is described as foll. BEGINNING at a point in the West line of the above said tract , said point being the Southeast corner of Lot 20 , Block 2 , Section F , of the University Park addition to the City of Wichita Falls . THENCE East 10 feet to a point. BEGINNING again at a point in the West line of the above said tract, said point also being the Southeast corner of Lot 18 , Block 2 , Section F, of the Universit, Park addition to the City of Wichita Falls; THENCE East 10 feet to a point. BEGINNING again at a point in the West line of the above said tract, said point also being the Southeast corner of Lot 16 , Block 2 , Section F , of the Universit-, Park addition to the City of Wichita Falls . THENCE East 10 feet to a point. BEGINNING again at a point in the West line of the above said tract, said poin` also being the Southeast corner of Lot 4 , Block 2 , Section F, of the Universit Park addition to the City of Wichita Falls; THENCE South 64 degrees East 10 feet to a point.di L..,, 1.- 1 4)6 14 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 read 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 ,r 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 shuhhery within, but not limited to, said 10-foot space, to the extent, in the sole judgment of the Company, as may he 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 hind myself, my heirs and legal representatives, to warrant and forever defend all and singular the above d,scribed 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 Company Agent or THE CITY OF WICHITA FALLS, A MUNICIPA. . Employee Securing Easement: CORPORATION ATTEST: Stuart A. Bach, City Manager