Res 2794 6/2/1981RESOLUTION NO. 1792/
RESOLUTION APPROVING AND AUTHORIZING CITY MANAGER
TO EXECUTE AN EASEMENT TO MIDWESTERN STATE
UNIVERSITY FOR ACCESS DRIVEWAY FROM ITS PROPERTY
TO MILLER ROAD.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS , TEXAS, THAT:
That certain easement, a copy of which is attached hereto,
from the City of Wichita Falls to Midwestern State University,
granting it an easement for an access driveway to its property
from Miller Road, is hereby approved, and the City Manager is
authorized to execute the same for the City of Wichita Falls.
PASSED AND APPROVED this the aw,day ofjae-t4A ; , 1981.
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MAYOR
ATTEST:
J-;11,/ tle-/ - i_ fL `ZLL
City C erk
6/9/£l a
STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA X
That the City of Wichita Falls, Texas, hereinafter called
Grantor, for and in consideration of the sum of $1.00 and
other consideration to it in hand paid by Midwestern State
University, does hereby grant, sell and convey unto Midwestern
State University, an easement for a driveway on that certain
tract of land situated in Wichita Falls, Wichita County, Texas, zf gnu
which tract is described in Exhibit A, which is attached hereto
and incorporated herein by reference.
Said land shall be used for a right-of-way for ingress
and egress to and from adjoining Midwestern State University
land from and to Miller Road. Such right-of-way may be used
by Midwestern State University's officers, employees, agents,
students, licensees and invitees.
Midwestern State University shall, at its expense, widen
the existing driveway at Miller Road Fire Station to a width
of 30 feet, using concrete paving material. Midwestern State
University shall construct, at its expense, using concrete
paving materials, a driveway across the above described land,
from the Fire Station driveway to Midwestern's property line. c
It is understood and agreed that this easement shall not
be for a public street. Midwestern State University shall be
responsible for the maintenance of all of the improved driveway
on such easement, including the presently existing 24 foot wide
driveway which connects with the Fire Station parking lot, and
Midwestern State University shall be liable for any damages
which may arise out of the failure to properly maintain such
driveway. Further, by accepting this easement, Midwestern
State University agrees to indemnify and hold harmless the City
of Wichita Falls from all damages arising out of the failure to
properly maintain such driveway.
TO HAVE AND TO HOLD said easement unto Midwestern State
University and its successors for so long as Midwestern State
University uses such easement for access to its property;
provided, however, that in the event the City of Wichita Falls
ever needs the above described property for another public
purpose, the City may cancel and terminate this easement.
IN WITNESS WHEREOF, the City of Wichita Falls has caused
this instrument to be executed the day of 1981.
CITY OF WICHITA FALLS
BY:
Stuart A. Bach, City Manager
ATTEST:
City Clerk
THE STATE OF TEXAS X
COUNTY OF WICHITA X
BEFORE ME, the undersigned, a Notary Public in and for
Wichita County, Texas, on this day personally appeared
Stuart A. Bach, City Manager of the City of Wichita Falls,
Texas, a municipal corporation, 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, Texas, a municipal corporation,
and that he executed the same as the act of said City of
Wichita Falls, 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 1981.
Notary Public in and for
Wichita County, Texas
My commission expires on the day of 198
2--
EXHIBIT A
FIELD NOTES - June 4, 1981
35 foot Easement off E. side of 6 Acre Tract
BEGINNING at a point in the North property line of Miller Road, said
point being the Southeast corner of a 6.0 Acre tract recorded in Vol. 1262,
Page 540, Wichita County Texas also being the Southwest corner of Block 2,
Midwestern Park Unit 2.
THENCE, North 56 degrees 53 minutes 07 seconds West 37.1 feet along a
chord for a curve that has a radius of 553.09 feet also being the North
property line of Miller Road.
THENCE, North 13 degrees 47 minutes East 362.0 feet to the South line
of Midwestern University Land.
THENCE, South 83 degrees 12 minutes 30 seconds East 35.24 feet along the
South line of Midwestern University Land.
THENCE, South 13 degrees 47 minutes West 378.52 along the West line of
Block 2, Midwestern Park Unit 2, to the place of beginning.