Res 2021 10/18/1977RESOLUTION NO. AA/
RESOLUTION APPROVING AN EASEMENT TO TEXAS ELECTRIC
SERVICE COMPANY ON TRACT ADJACENT TO JASPER STREET
WATER TREATMENT PLANT.
WHEREAS, the City of Wichita Falls has contracted
to purchase from Texas Electric Service Company a tract of
land containing 10. 51 acres adjacent to the Jasper Street
water treatment plant, on which tract is located the TESCO
lake, and Texas Electric Service Company desires to obtain
from City an easement on such land for certain transmission
lines and guys.
NOW, THEREFORE, 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 Texas Electric Service
Company, is hereby approved, and the City Manager is authorized
to execute the same for the City of Wichita Falls after the
purchase of the 10. 51 acre tract has been completed.
PASSED AND APPROVED this the 18th day of October, 1977.
X 1
M A 0
ATTEST:
G7le.i km!-1/
CIT CLERK
EASEMb4T AND RIGHT-OF-WAY
THE STATE OF TEXAS
COUNTY OF WICHITA KNOW ALL MEN BY THESE PRESENTS:
That the City of Wichita Falls , Texas, a municipal corporation of WichitaCounty, Texas, for and in consideration of Ten and no/100 Dollars ($10.00) tousinhandpaidbyTexasElectricServiceCompanyhavegranted, sold and conveyedandbythesepresentsdogrant, sell and convey unto the said Company, an easementofright-of-way for electric transmission and distribution lines, consisting ofvariablenumbersofwires, and all necessary or desirable appurtenances (includingtowers, H-frames or poles made of wood, metal or other materials, telephone andtelegraphwire, props and guys) , at or near the location and along the generalcoursenowlocatedandstakedoutbysaidCompany, along, over, under, across
and upon the following described lands located in Wichita County, Texas, to-wit:
Being a 10.51 acre tract of land in the J. A. Scott Survey No. 10, Abstract 302,Wichita County, Texas, and being more particularly described in that certain deedfromTexasElectricServiceCompanytotheCityofWichitaFalls , Texas, datedAugust22, 1977, and recorded in Volume Page Deed Records of WichitaCounty, Texas.
The easement herein granted being located and described in five tracts by metes andboundsasfollows:
TRACT A
AERIAL EASEMENT)
Being a strip of land 10 feet in width West of and adjacent to the East line of
said 10.51 acre tract extending from the North line of said 10.51 acre tract to
the South line of said 10.51 acre tract.
TRACT B
GUY EASEMENT)-
BEGINNING at a point in the East line of said 10.51 are tract, said point being
some 70 feet N4°03' E along said East line from the Southeast corner of said 10.51
acre tract;
THENCE in a westerly direction, at some 20 feet a point of guy anchorage, in all
30 feet to a point.
TRACT C
GUY EASEMENT)
BEGINNING at a point in the most southerly South line of said 10.51 acre tract, said
point being some 54 feet S85°55' E along said South line from the most southerly
Southwest corner of said 10.51 acre tract;
THENCE in a northerly direction, at some 17 feet passing a point of guy anchorage,
at some 34 feet a point of guy anchorage, in all 44 feet to a point.
TRACT D
TRANSMISSION LINE EASEMENT)
Being a strip of land 30 feet in width, being 15 feet on each side of the following
described centerline.
BEGINNING at a point in the East line of said 10.51 acre tract, said point being some
58 feet N4°03' E along said East line from the Southeast corner of said 10.51 acre tract;
THENCE in a southwesterly direction some 65 feet to an angle point,
THENCE in a southerly direction some 3 feet to a point in the most southerly South line
of said 10.51 acre tract, said point being some 10 feet N85°55'W along said South line
from an angle point in the South line of said 10.51 acre tract.
BEGINNING AGAIN at the angle point in said centerline;
THENCE in a northwesterly direction at some 50 feet a point of guy anchorage, in
all 60 feet to a point.
TRACT E
DISTRIBUTION LINE EASEMENT)
Being a strip of land 30 feet in width, being 15 feet on each side of -the followingdescribedcenterline.
BEGINNING at a point in the East line of said 10. 51 acre tract, said point being
Some 28 feet N4°03' E along said East line from the Southeast corner of said 10.51
acre tract;
THENCE in a southwesterly direction some 158 feet to a point in the most southerlySouthlineofsaid10.51 acre tract, said point being some 110 feet S85°55' E along
said South line from the most southerly Southwest corner of said 10.51 acre tract.
Together with the right of ingress and egress over our adjacent lands to or
from said right-of-way for the purpose of inspecting, maintaining, constructing,
reconstructing, and removing said lines and appurtenances; the right to relocate
along the same general direction of said lines; the right to relocate said lines
in the same relative position to any adjacent road if and as such road is widened
in the future; the right to lease pole space to telephone or :telegraph companies
or governmental bodies for the purpose of permitting these parties to string wire
or other desirable appurtenances on said lines.
The right to remove or prevent the construction of, for a distance of 15 feet
on each side of the actual center of said - ines, any or all buildings, structures
or other obstructions which, in the sole judgment of the Company, may endanger or
interfere with the efficiency, safety, and/or convenient operation of said lines and
appurtenances; and the right to trim or cut down trees or shrubbery within, but not
limited to, said 30 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 lines
or to remove possible hazard thereto.
The right is reserved by Grantor to use the land- within the 30 foot space above
described for general agricultural , grazing or other purposes not inconsistent with
Grantee' s use of such property provided such use shall not include the growing of
trees thereon or any other use which might, in the sole judgment of the company,
interfere with the exercise by the Company of the rights hereby granted.
In addition to the consideration above recited for the easement and right of
way hereby granted, the Company will pay to the owner of the land, and if leased, to
his tenant, as they may be respectively entitled, for actual damages done to fences,
terraces and growing crops by reason of the construction, maintenance or removal of
said lines; provided, however, that no such payment will be made for trimming or removal
of trees from said land, nor for removal of trees or other obstructions from such 30
foot space after said line is constructed, as hereinabove provided.
TO HAVE AND TO HOLD the above described easement and rifjhL:s unto the said Company,
its successors and assigns, until said lines shall be abandoned.
If the construction of the facilities to be erected and located under the terms
of this grant is not begun within 15 years from the date hereof, this grant shall
thereupon terminate and all rights and interests hereunder shall revert to grantor,
his heirs and assigns.
And we do hereby bind ourselves, our heirs and legal representatives, to warrant
and forever defend all and singular the above described easement and rights unto the
said Company, its successors and assigns , against every person whomsoever lawfully
claiming or to claim the same or any part thereof. .
WITNESS our hand this day of 1977.
City of Wichita Falls, Texas
ATTEST: By:_
City Secretary