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Res 2147 6/6/1978RESOLUTION NO. cA1)7 A RESOLUTION APPROVING AN EASEMENT FOR ELECTRIC DISTRIBUTION LINE TO TEXAS ELECTRIC SERVICE COMPANY AT THE MARTIN LUTHER KING MULTI-PURPOSE CENTER 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, for a right-of-way for an underground electric distribution line, consisting of a pole mounted transformer, and all necessary or desirable appurtenances, at the Martin Luther King Multi-Purpose Center, from the City of Wichita Falls to Texas Electric Service Company, is hereby approved, and the City Manager is authorized to execute and deliver the same for the City of Wichita Falls. PASSED AND APPROVED THIS THE 6th day of June, 1978. MAYOR ATTEST: CITY CLERK EASEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF That THE CITY OF WICHITA FALLS , A MUNICIPAL CORPORATION ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICERS for and in consideration of the sum of $1.00 and other valuable consideration, the receipt and sufficiency of which is hereby ac- knowledged, to us in hand paid by TEXAS ELECTRIC SERVICE COMPANY, hereinafter called Electric Company, does hereby grant, bargain, sell and convey unto said Electric Company an easement and right—of—way for the construction, reconstruction, maintenance, operation and removal of an underground electric distribution system over, across and under those certain lands described as: Being described as a tract of land out of Block 5, Section 12 of the J. A. Scott Survey, Abstract 296 , Wichita County, Texas , and being more particularly described in that certain deed as recorded in Volume 454 , Page 525, Deed Records of Wichita County, Texas, to which reference is made for all purposes. The centerline of the five-foot wide easement herein granted is described as follows : BEGINNING at a point in existing easement in the above said tract, said point being 415 feet North and 11 feet West of its Southeast corner; THENCE South 50° West 120 feet to a point. together with the right of ingress and egress along and upon said easement strip and over and across Grantor's adjoining properties for the purpose of constructing, reconstructing, maintaining, operating or removing said underground electric distribution system, and the right of ingress and egress on the lands immediately adjoining such easement strip as may be necessary to accommodate needed machinery in the construction or reconstruction on such easement, together with the right to trim or cut down such trees, shrubs or bushes on or in the immediate vicinity of such easement strip as may be necessary in the sole judgment of Electric Company to permit the proper construction, reconstruction, maintenance or repair of same; and provided further that should there now or hereafter be con- structed on the premises covered by such easement fences or other obstructions, the same shall be removed by the owner thereof and at no cost to Electric Company, if necessary in the construction, reconstruction, maintenance or removal of said underground distri- bution system. The wires and/or conduits to be erected on the above described property by Electric Company shall be placed underground, except that Electric Company may install, maintain and operate transformers and service connections above ground at points to be determined by Electric Company. TO HAVE AND TO HOLD unto the said Electric Company, its succe 'sors and assigns, forever. WITNESS OUR HANDS this .....` :iG.*. day of 4.13 r 19 THE CITY OF WICHITA FALLS, A ATTEST: 1A Cl.. .F ..O.'P. YM X.Q.N g.i;>/z„l Y'=' eraYd...C. •x Ci.ty.i—Manager c U Z d' ti El .`,-1 o 2 A 1a H a O r.?F Z d w ',,, o U a b A w u c v0z W b t o ++ wwwCW Nw 0 0 U Grr w H C U 0 DI C o m NOr W r Fi V w M aAi ;C O 'd N T1 F W F= C• 3 E G m p A 'CI a od y n n U W U o >, v v 0 F MUCCUIsod r-I r V G V N O T.O Z Y c3wWZWw0gx a E. a y ob abN tiWd4o c Z H WN yaCCS 0 V o O N UmK0R. P? M 1 o z H W H 4.g..., AI 0 6.0 0 F o drt. U w W .4U g UW 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 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 expressed.oses and consideration therein a ressed. 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 Gerald G. FOX, 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 THE CITY OF WICHITA FALLS municipal rari 'fbt theacooration, and that he executed the same as the act of suck}/ i purposes and consideration therein expressed, and in the capacity therein stated. GIVEN'UNDER MY HAND AND SEAL OF OFFICE this the /4 tk day of u..,4y A. D. 19 d.Martha L. Cecil Notary Public in and for Wichita County, Texas.