Res 166-82 10/5/1982RESOLUTION NO.
RESOLUTION APPROVING AND AUTHORIZING THE CITY
MANAGER TO EXECUTE AN EASEMENT TO SOUTHWESTERN
BELL TELEPHONE COMPANY FOR A DOWNGUY AND ANCHOR
IN KIWANIS PARK.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS , THAT:
That certain easement for a downguy and anchor in Kiwanis Park,
a copy of which is attached hereto, from the City of Wichita Falls
to Southwestern Bell Telephone 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 5th day of October, , 1982 .
MAY ‘ R
ATTEST:
I
City Clerk
DR/ iIiii)
Texas Plant Form 2 1
Rev. 11-71 JAU
a Southwestern Bell - EASEMENT
THIS EASEMENT, entered into by the undersigned, herein referred to as GRANTORS, and SOUTH-
WESTERN BELLfTELEP NE COMPANY, GRANTEE, wherein GRANTORS, in consideration of the sum of
OIL/6 AAI No/Di) Dollars ($ s'
and other valuable consideration, receipt of which is hereby acknowledged, do by these presents GRANT, BARGAIN
AND SELL, CONVEY AND CONFIRM unto GRANTEE, its associated and allied companies, its and their respective
successors, assigns, and licensees, a permanent easement to construct, operate, maintain, inspect, replace and remove
such telecommunication and electric transmission and distribution systems and lines, and al(' appurtenances thereto, as
x
may be required by Grantee from time to time, upon, over and under a strip of land
feet in width, across Grantors' land situated in Wichita County, Texas,and described as follows:
Being a tract of land out of the Denton County School Land Survey, League 1 ,
of the Walker & Fletcher Cowherds Sub-division, conveyed with a Deed from T. B.
Noble Et-Al J. A. Kemp and C. W. Reid to the City of Wichita Falls, deed dated
September 20, 1927 and is recorded in the Deed Records in Vol . 285 at page 196,
Wichita County, Texas.
Location of Easement is as follows: a distance of 237.9' North of the South-
west corner, a 5' x 15' anchor easement on Kiwanis Park Land.
Notwithstanding any other provision herein, if in the future grantor needs
this property for public use, it shall have the right to terminate this easement.
TO HAVE AND TO HOLD same, with all rights and appurtenances to the same belonging, unto Grantee, its
successors, assigns and licensees until the use of the easement is relinquished or abandoned, including (1) the right to
grant licenses to electric power companies and other wire or cable using companies to jointly use the easement in
accordance with the provisions hereof, (2) the right of ingress and egress to and from the easement by reasonable
routes across Grantors' property, (3) the right to clear and trim trees, overhanging branches, roots, brush and other
obstructions in the easement, (4) the right to install temporary or permanent gates in fences crossing the easement.
Grantee, its successors, assigns and licensees, shall repair and restore the property and pay for damage to
crops or other property following construction and maintenance work. Further, Grantors reserve the right to use and
enjoy their interests in the easement area insofar as the exercise thereof does not endanger or interfere with the
construction, operation and maintenance of said systems and lines; and included in this reservation is the right of
ordinary cultivation of crops.
Grantors warrant that they are the owners of the land here conveyed and have the right to make this
conveyance and receive the payment therefor, and Grantors covenant that Grantee, its successors, assigns and licensees,
may quietly enjoy the premises for the uses herein stated.
Signed and executed this day of 19
Witness:
Execute acknowledgment on reverse side