Res 1436 7/3/1973a i
RESOLUTION NO. /0;
RESOLUTION GRANTING TO COMMUNITY TELEPHONE
COMPANY, INC. AN EASEMENT FOR AN UNDERWATER
TELEPHONE CABLE AT LAKE ARROWHEAD.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain easement and right-of-way, a copy of which
is attached hereto, wherein the City grants to Community Tele-
phone Company, Inc. an easement for an underwater telephone
cable across Lake Arrowhead, is hereby approved, and the
Mayor is authorized to execute the same for the City of Wichita
Falls.
PASSED AND APPROVED THIS THE 3RD DAY OF JULY, 1973.
1)6L16-3411
MAYOR
ATTEST:
12'1%1/4442-,
71,67- 4.62-')
City Clerk
r
EASEMENT AND RIGHT-OF-WAY
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF CLAY
That the City of Wichita Falls , (Grantor) acting herein
by and through its duly authorized Mayor, of Wichita County,
Texas , for and in consideration of One and no/l00 Dollars
1. 00) in hand paid by Community Telephone Company, Inc. ,
a corporation, of Windthorst, Archer County, Texas (Grantee)
has granted, sold and conveyed, and by these presents does
grant, sell and convey unto Grantee, its successors or assigns,
an easement of right-of-way for an underwater telephone
cable, and all necessary or desirable appurtenances, at
or near the location where said cable is submerged, described
generally as follows , to-wit:
BEGINNING at a point on the West side of Lake
Arrowhead at an elevation of 936 feet, said
point being 636 feet East of the West line
of the W. Spavin Survey, Abst. 422 and 2488
feet South of the North line of said Spavin
Survey;
THENCE Southeasterly across Lake Arrowhead
to a point 932 feet above sea level , said point
being due West of the Southwest corner of Lot
12 , Section II, Bunny Run Estates , according
to a plat thereof of record in Vol . 227 , Page
172 , Clay County Deed Records.
Grantor recognizes that the general course of said
cable as above described may vary from the actual location,
and hereby agrees that the easement hereby granted shall
apply to the actual location of said cable when construction
is completed.
Together with the right of ingress and egress over
adjacent lands to or from said right-of-way for the purpose
of inspecting, maintaining, constructing and removing said
cable and appurtenances; the right to relocate along the
same general direction of said cable; the right to prevent
possible interference with the operation of said cable,
or to remove possible hazard thereto.
Grantor also grants and conveys to Grantee, the right
to lay cable on each lot owned by Grantor at either end of
the course of said cable above described, for the purpose of
reaching dwellings and other structures situated on said lot,
for the purpose of connecting telephone service. This ease-
ment is conveyed to Grantee for the purpose of serving lands
within the service area of Grantee.
Whenever Grantee is doing any construction or maintenance
work on said easement, it shall provide all necessary barricades ,
warning signs and signals , and warning lights in order to pro-
vide safety of travel to all persons who might travel along or
across such easement. Further , Grantee shall indemnify Grantor
from all claims and causes of action for damages which might
arise out of the use of this easement by Grantee.
Grantee shall bury such cable on each end from a point
above elevation 930 feet M.S.L. to a point in the lake as far
as possible. The cable shall be placed and kept on the floor
of the lake by Grantee, and it shall be weighted at the point
of crossing the river.
TO HAVE AND TO HOLD the above described easement and
right unto the said Grantee, its successors and assigns , until
said line shall be abandoned and removed. And Grantor does
hereby bind itself, its successors and assigns to warrant and
foreever defend, all and singular the above described easement
and right unto the above said Grantee, its successor and assigns,
against every person whomsoever lawfully claiming or to claim
the same or any part thereof.
fJExecutedthis day of O 4 1973 .
CITY OF WICHITA FALLS , TEXAS
inston Wallander, Mayor
ATTEST:
T
City Clerk
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STATE OF TEXAS
COUNTY OF WICHTA
BEFORE ME, the undersigned authority, on this day personally
appeared Winston Wallander, Mayor of the City of Wichita
Falls , Texas , known to me to be the person and officer whose
name is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and consideration
therein expressed and in the capacity therein stated as
the act and deed of said corporation.
Given under my hand and seal of office, this 6!-'7,/.
day of 1973 .
Notary Public in and for
Wichita County, Texas
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