Res 1789 4/5/1976RESOLUTION NO. /7/f
RESOLUTION APPROVING EASEMENT FOR SANITARY SEWER
FROM FORT WORTH AND DENVER RAILWAY COMPANY.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
That certain easement dated March 9th, 1976, a copy
of which is attached hereto, for a sanitary sewer line
in Burlington Call Field Industrial Addition from the
Fort Worth and Denver Railway 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 April, 1976.
A Y O
ATTEST:
Y CLERK
P r K 9
J. •
1 "
F
THE STATE OF TEXAS 4
0
CITY OF WICHITA FALLS a
THIS AGREEMENT, made and entered into by and between the
FORT WORTH AND DENVER RAILWAY COMPANY, a railroad corporation organ-
ized and existing under the laws of the State of Texas, hereinafter
called "Railway Company," and the CITY OF WICHITA FALLS, a Texas
municipality of Wichita County, Texas, through its Mayor duly author-
ized, hereinafter called "City":
W I T N E S S E T H:
Railway Company, for and in consideration of the sum of
10.00, receipt of which is hereby acknowledged, and other good and
valuable consideration given by City, does hereby give, grant and de-
mise unto the City, right of way easement for the purpose of sanitary
sewer line as more specifically stated below and for the purpose of
constructing, improving, maintaining and operating for said purposes
said sanitary sewer line on the premises hereinafter described by
metes and bounds as follows:
TRACT NO. 1
Easement for proposed sanitary sewer line connection adja-
cent to the westerly extension of the North line of Section 3, Lot
2-B in Burlington Call Field Industrial Addition, an addition to the
City of Wichita Falls, Wichita County, Texas, said easement being more
particularly described as follows:
BEGINNING at the point of intersection of the west
line of Lawrence Road with said extension of the
North line of Lot 2-B, Section 3, said point being
1,209.3 feet west and 2,328 feet north of the south-
east corner of Annie E. Cummings Survey, Abst. 610,
Wichita Falls, Texas;
THENCE, west along said extension of the North line
of Lot 2-B, Section 3, 150 feet to existing north
and south sanitary sewer line;
THENCE, South along said existing sanitary sewer line
15.0 feet;
THENCE, east 150 feet to the west line of Lawrence
Road;
THENCE, North along the west line of Lawrence Road
15.0 feet to the POINT OF BEGINNING, comprising an
area of 2,250 square feet (0.0517 acre) , more or less.
r
VOL 1260 PAGE 554-
Railway Company assumes no responsibility of liability for
any injury to or death of any person or persons, or loss of or for
damage to the property of any person or persons whomsoever, or for
any other cause, including the parties hereto and their employees,
in any manner arising from or growing out of the entry upon, occupa-
tion or use of the said premises, or the location, construction or
reconstruction, existence, use, operation, restoration, repair or
maintenance of said drainage and sanitary sewer lines in Wichita Falls,
Texas, and appurtenant facilities thereto, or for any other occurrences
whether similar or dissimilar to the occurrences, occupation or uses
herein enumerated.
In the event said premises or any portion thereof shall at
any time in the future be abandoned or cease to be used or maintained
for drainage or sanitary sewer lines, the easements hereby conveyed,
and any and all interest granted by this easement, shall cease imme-
diately and revert to the Railway Company, its successors and assigns,
with the right to enter upon said premises the same as if this agree-
ment had not been made.
G
WITNESS F signatures of the respective parties hereto, this
day.of 7 -t (s-J /1976.
0 t , / t,
ATTEST: 5 FORT WORTH AND DENVER RAILWAY COMPANY
7'12 c_By--- \
Secretary Its:President
ATTEST: :• - = CITY OF WICHITA FALLS
c / ,nil=/ By
11117-/Nil
o City fi i
r
APPROVED AS TO FORM:
Attorney
RECO/ 1DLb:, ,
1)3.-va AA_
2,\_,(::-,
i,_)..ci0.
Chief Engineer V General Manager
Mgr. Ind. Dev. & Real Estate
STATE OF TEXAS VOL 1260 PAGE 555
ss.
COUNTY OF TARRANT
BEFORE ME, the undersigned, a Notary Public in said State and
County, this date personally appeared G. F. DEFIEL, President of FORT WORTH
AND DENVER RAILWAY COMPANY, known to me to be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledges to me that
he executed the same for the purposes and consideration therein expressed,
and in the capacity therein stated, and as the act and deed of said corpora-
tion.
GIVEN UNDER MY HAND AND SEAL this 9 day of y
A. D. 1976.
4-2!
Notary Public, Tarrant Co nty, Texas
M. S. RICHARDS, Notary rut.,;:.,
giant aourity, Texas
My Commission Expires June 1 , 1977.