Res 143-82 9/7/1982RESOLUTION NO. /4tj,/,--9
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 7th day of September, 1982.
MAYOR
ATTEST:
City Clerk
Page 5 of 5 Pages
Agenda Item No. 5.c.
DISTRIBUTION EASEMENT AND RIGHT-OF-WAY
THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
I
THE CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION, ACTING HEREIN
That BY AND THROUGH ITS DULY AUTHORIZED OFFICERS
Wichita County, Texas, for and in considerationhereinreferredtointhesingular, whether one or more) of y considerationrt
of One and No/100 Dollars ($1....D.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 Tract 1 out of Block 13 , of the Southside Farms
Addition, Wichita County, Texas, and being more particularly described
in that certain deed as recorded in Volume 1323 , Page 848 , 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 5 feet West of the Northeast corner of the above
said Tract 1; said Tract 1 being a 39 .56 Acre tract of land.
THENCE South, parallel to the East line, 805 feet to a turning point.
THENCE South 73° 17 ' 15" West, 167 . 68 feet, to a turning point;
THENCE North 88° 42 ' 24" West, 581.30 feet to a turning point;
THENCE South 55° West, 395 feet to a point in the South line.
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 generaldirectionofsaidlines; the right to relocate said line in the same relative position to any adjacent road if and as such road is
widen,"l in the future; the right to lease pole space 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 cutdowntreesorshubberywithin, 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 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 bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the abovedescribedeasementandrightsuntothesaidCompany, 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 MUNICIPAL
ATTEST•Employee Securing Easement: Page 2 Of 5 PagesCORPORATIONgg
Aga I t?m NSA.,, 5.c.
Wilma J. Thomas BY: Stuart A. Bach, City Manager
City Clerk
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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.
C OUNTY 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
STUART A. BACH, CITY MANAGER 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 Page 3 of 5 Pages
Agenda Item No. 5.c.
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.