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Res 2845 9/15/1981 RESOLUTION NO. RESOLUTION AUTHORIZING CITY MANAGER TO ACCEPT RIGHT-OF-WAY EASEMENT FOR AN ALLEY FROM TEXAS ELECTRIC SERVICE COMPANY. BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: That certain right-of-way easement, a copy of which is attached hereto, for an alley from Texas Electric Service Company is hereby approved, and the City Manager is authorized to execute the same for acceptance by the City. PASSED AND APPROVED this the 15th day of September, 1981. M A Y O R ATTEST: City Clerk Page 7 of _7 pages Agenda Item No. THE STATE OF TE AS I. TOW ALL MEN` BY THESE PRESETS: COU.NITY OF--------!vichita----------------- THIS AGREEMENT entered into by and between TELUS ELECTRIC SERVICE COMPANY, a corporation of Fort Worth, Texas, hereinafter called "Grantor", and The City Of Wichita Falls hereinafter called "Grantee", WITNESSETH: In consideration of the sum of Ofte and no/100 Dollars 0 1. 00 � paid by Grantee, the receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, sub- ject to the provisions and conditions hereinafter stated, a right-of-way or casement over and across the land hereinafter de- cribed, and the right to construct, maintain, and operate a concrete alley Said right-of-way or easement being through and upon Grantor's land situated in i`7j-chi'ea County, State of Texas, and described as follows: Being part of a 3. 609 acre tract of land out of Block 43 of the Kemp and Newby Subdivision, Cherokee County School Land Survey, Abstract 33 , Wichita County, Texas , conveyed to Texas Electric Service Company by a deed recorded in Volume 993, Pages 186-188, Deed Records of Wichita County, Texas , and being more particularly described by metes and bounds as follows : a a said point being the Southeast corner of said Beginning t point, p g 3. 609 acre tract, Thence North 57020 ' West 5. 37 feet along the South property line of said 3. 609 acre tract, said line also being the North right-of-way line of a dedicated street; Thence North 00020 ' West 1628. 58 feet, 4 . 5 feet West of and parallel to the East line of said 3 . 609 acre tract, to a point, said point being the beginning of a curve to the left, said curve having a radius of 30. 5 feet; Thence along said curve an arc distance of 47 . 90 feet to a point; Thence South 89041 ' West 370.2 feet to a point, said point being in the most westerly West lire of said 3 . 609 acre tract and in the East right-of-way line of the East service road of U.S . Expressway #281; Thence North 00022 ' East along the most westerly Vest line of said 3. 609 acre tract, 4 . 5 feet to a point, said point being the Northwest corner of said 3. 609 acre tract; Thence North 89041' East, along the North line of said 3. 609 acre tract, 405 . 2 feet to a point for corner, said point being the Northeast corner of said 3. 609 acre tract; Thence South 00020 ' East, along the East line of said 3 . 609 acre tract, 1666 . 5 feet to the point of beginning and containing in all 0. 2179 acres of land, more or less. This property is further shown on Sketch #WFT-81-7 which is attached hereto and made a part hereof. It is understood that the West and or South line of the above described property be one and the same as the West and or South edge of the concrete alley. It is also understood that the construction and maintenance of said concrete alley be completed at no cost to Grantor. On Grantor' s adjacent property there are facilities which require down guys and anchors in order to remain stable. These anchors may be beneath the completed concrete alley. It is understood that should these anchors ever need replacing, it will be the sole responsibility of the Grantee to repair any portion of the concrete alley which may be damaged during the process of replacing the anchors. It is also understood that Grantee will install barriers, as per the attached Sketch #WFT-81-6 , around the two existing down. guys that are nearest the proposed concrete alley at no cost to Grantor. CLERII'S CERTIFICATE THE STATE OF TEXAS COUNTYOF---------------------------------------- I,----------------------------------------- - - --- -- -- - County Clerk of the County Court of said County, do hereby certify that the foregoing inzt-rliment of writingy dated cn the------------------------day of.---------------_-..---------------- A. D. 19--------- with i+s Certificate of Authentication,was riled for record in my office on the------------------------day of------------------------------------ A. D. 19------. at.---------------o'clock--------- -j., and duly recorded this----------------------day of--------------------------------------- A. D. 19--------- at----------------o'clock__-..__._ll., in the-----------------------------------------------------Records of said County, in ":olume------------ ---- on pages-------....... . WITNESS MY ILAND AND SEAL OF THE COUNTY COURT of said County, at office in---------------------------. ------.-----------—.�_.____._.. .____._._.___.________...__. , the day and year last above written. County Cleric---------------------------------------------Count,, Texas. By------------------------------------ --... _ _- -- - ---- Deputy 4-3 o a ► U — U CIO rd 1 1 N MLU .t~i co 0 rii C4 � vi v. LULU a 7i GHQ 01 u V r [—+ Ca H u F, U E" r CORPORATION ACKNON=MM4IEN T THE STATE OF TEXAS COUNTYOF................................................ 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 and officer whose name is subscribed to the fore.going instrument and acknowledged to me that the same was the act of. thesaid.........................................................................................._......_...._.......................................................----....................----_................................... 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 iS1Y HAND AND SEAL OF OFFICE this the....................day of_.....................................................A. D., 19....... (L. S.) .................................................................................................._... ............_ Notary Public in and for County'Teas. CORPORATION ACKNOWLEDGAIENT THE STATE OF TEXAS COUNTYOF............................................... BEFORE ME, the undersigned, a Notary Public in and for said County and State, on thin day personally appeared..._.............. _.........................................................._...----..................................................................................._...................---...................... 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......................................................................._..........................................................................................._........._......_.................................._......_._ 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. 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