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Res 1445 8/7/1973r RESOLUTION NO. AIS,6-' RESOLUTION APPROVING EASEMENT TO TEXAS ELECTRIC SERVICE COMPANY FOR AN ELECTRIC DISTRIBUTION LINE IN LUCY PARK. 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, for an electric distribution line or lines at Lucy Park, 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 7TH DAY OF AUGUST, 1973 . M A Y O R ATTEST: Cit Clerk DISTRIBUTION EASEMENT AND RIGHT-OF-WAY THE STATE OF TEXAS l KNOW ALL /ZEN BY THESE PRESENTS: COUNTY OF WICHITA j That THE CITY OF WICHITA FALLS , A MUNICIPAL CORPORATION, ACTING HEREIN BY AND THROUGH ITS DULY AUTHORIZED OFFICERS herein referred to in the singular, whether one or more) of WZ chj..tcl County, Texas, for and in consideration of...O.ne...and...no./.100 Dollars (g----1.00----) to me in hand paid by Texas Electric Service Company have granted, sold and conveyed and by these presents do grant, sell and convey unto the said Company, an easement of right-of-way for an electric distribution line, consisting of variable numbers of wires, and all necessary or desirable appurtenances (including Toles made of wood, metal or other materials, telephone and telegraph wire, props, guys and anchorages), along, over, under, across and upon the following described lands located in 17 .ta._.._........... onnty, Texas, to wit: - Being described as a tract of land out of the John A. Scott Survey 17 and 18, Abstract 298 and 300, Wichita County, Texas, and being more particularly described in those certain deeds as recorded in Volume 908, Page 84 and Volume 910 , Page 336 and Volume 921, Pages 258 and 544 and Volume 1135, Page 408 , Deed Records of Wichita County, Texas and being better known as all of the Lucy Park Properties . Texas Electric Service Company is hereby granted the right to construct, maintain and or remove such electric distribution system on above said properties as may be necessary from time to time , to provide electric service to any or all parties and the public generally, such line to be erected at such time and such locations as so determined by said Company, provided however, that prior to the construction of each line hereunder, the Parks and Recreation Director, at present and hereafter acting for Grantor, will be furnished a plat or description showing the location of such line to be constructed, said Company shall secure written approval from Grantor, by herein above said Parks and Recreation Director, for such additional lines and the terms and provision herein contained shall apply to each individual line as the same is constructed. Grantor recognizes and hereby agrees that the easement hereby granted shall apply to the actual location of said line when constructed. Together with the right of ingress and egress over my adjacent lands to or from said right-of-way for the purpose of inspecting, maintaining, constructing and removing said line and appurtenances; the right to relocate along the same general direction of said lines; the right to relocate said line 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 for the purpose of permitting others to string wire or other desirable appur- tenances on said line; the right to prevent the construction of, for a distance of 5 feet on each side of the actual center of said line, any or all buildings, structures or other obstructions which, in the sole judgment of the Company, may endanger or inter- fere with the efficiency, safety, and/or convenient operation of said line and its appurtenances; and the right to trim or cut down trees or shubbery within, but not limited to, said 10-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 line or to remove possible hazard thereto. TO HAVE AND TO HOLD the above described easement and rights unto the said Company, its successors and assigns, until said line shall be abandoned. And I do hereby bind myself, my 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 hand this /r l% day of (r ''7/ 1 ' i 19/ THE CITY OF WICHITA FALLS , Company Agent or Employee Securing Easement: A..C1PAT_._CQHF.O.RA' . .ON ATTEST:ti..? .xs%. SEAL By: G} raid Fox, City EST:k- Iji J1 '!( ', : {C/'.',l).,J W 1m71 J . Tllr)m,lc , City CT rk w m b 61 04 W 0 z Q i U ° .-1 E3 '•' o ° E. ° CO l'.' A U) HO a o v v El w FC 4, b .v A o v W E9c o FC a U ti 4 E a., El Z 00 en iS E. W U Vi .-A o b G M O u g 500 E- w H g w v a M Q H 0 0 v° ° o o W Z W W 0 ' .., ., be S ce rl N x k' 'y H D a y ° o d CA ,°°+-A I.. fr NN H C/1 H W i.)Y g0 ° W N i 0 W J V b ° 06 0I. (.5 ED M Z 0 Q!W 0 v O A 0 ° p, w M M F U 4 :°, s' .' .a V g U THE STATE OF TEXAS COUNTY OF A 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 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 GERALD FOX 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 , A MUNICIPAL acorporation, 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. c// GIVEN UNDER MY HAND AND SEAL OF OFFICE this the /3.G day of LG f GyC-GzL A. D. 1923. EVELYN M. r.F; H C% z 22 'i/ Notary Public in and for Notary Public in and for U County, Texas. Wichita County, Tex, V 1N 4) 0-1 0 57 6) SI 5-79" A 4 . 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