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Res 1519 4/8/1974I RESOLUTION NO. /519r RESOLUTION APPROVING EASEMENT FOR ELECTRIC TRANSMISSION LINE TO TEXAS ELECTRIC SERVICE COMPANY AT CYPRESS AVENUE WATER TREATMENT PLANT. 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 electric distribution line at the Cypress Avenue Water Treatment Plant, from the City of Wichita Falls to Texas Electric Service Com- pany, is hereby approved, and the City Manager is auth- orized to execute and deliver the same for the City of Wichita Falls. PASSED AND APPROVED THIS THE 8TH DAY OF APRIL, 1974. Or MAYOR ATTEST: C TY CLERK DISTILUBUTI N EASEMENT AN D RI Gam: OF-WAY THE STATE OF TEXAS 1 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WICHITA That CITY OF WieTTITA FALLS , A MPNT_CTP L CoT.POP1\TTnN, FCTINC'- HFRFIN BY AND THROTJCH STS DF LY AtTTTTORTZET C?FFTCF1'S herein referred to in the singular, whether one or more) of County, Texas, for and in consideration of One and no/100 Dollars 0O--- ) 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 poles made of wood, metal or other materials, telephone and telegraph wire, props, guys and anchorages), at or near the location and along the general course now located and staked out by said Company, along, over, under, across and upon the following described lands located in T'7ichi.t.a County, Texas, to wit: T'ei.nc described as a tract of land out of the L`Tr.si:morela nd P?rl" Acreage, out of Block 17 , Leacue 1, of the Penton County, School Lard , Abstract 58 , Wichita County, Texas , and being r^ore particularly described in that certain deed as recorded in Volume 7,98 , Page 40 , Peed records of Wichita County, Texas . The center line of said distribution line being located and described as follows : RFCTNNINC1 et a point in the South line of above sc 3 d tract, said point being one and ore-Calf feet West of its Southeast corner , said point also being in the North night-of.-Way line of Johnson 'Road THTNCF North,par.all-el. to the Fast line of said tract, 122C feet. to a terminating point for overhead corstruuction; FFr''INNINC AC;AIN at a point in above described distribution line , said point being, one and one-half feet West and 1190 feet North of the Southeast corner of above said tract for the beginning of an underground distribution line; THENCE South 25 degrees West, 290 feet to a point in an existing underground distribution easement. Grantor recognizes that the general course of said line, as above described, is based upon preliminary surveys only, 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 generaldirectionofsaidlines; the rir-ht 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 no or other desirable appur- tenances on said line; the right to prevent the construction of, for n distance of 5 fi et. on each side of the actual center of said ling-, :my or all buildings, structures or other obstructions which, in the sole judgment of the Corapan,-. may endanger or inter- fere with the efficiency, safety, and/or convenient operation o: said line and its anpurtenancr_.s; and tie 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 1,e. 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 he 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 .1 '` day of C / 4' ° 19 Company Agent or ATTEST: L rT77 r TTc.+ F. M rCLp PT. ORP Employee Securing Easement: SFAL B y:t-Gerald pox,City *'anaaer Z* r Q ..` II I. vi I C q y A C T l'r g' 0 r .,L7 r z eu m woIF U G d' v a' 'a" a E Q v Ir. 1- A, a11iE a.. A V o p w o 1, 11 u Q 0 v ° 7 I r I !'_- I y 0 V O 0 s. W CI. ICJ A 1H C U U E II .or_ I ;^4 LI ai N e o.. 0 U F• w l Q I1 r C!2 4-. o 7 0 N E I H m K a aC C U r w o w I G c, H W U b>, 0 G NF. H E w C _ FCr4 H O I 1I ,. z.`1 W W k C to c3 rr , J H F 4 E., C r U 3 F 7 W Q F o V v — b C c a I C/ 0 s z— -6 w• G_I F Mil W aVi a ow, Y MD Z Hli H g Y ~Ca a b cG' r-i 0 r. 0 0 0 0 w I I U 4 3 6 .a U 8 i U 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 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 ';TIC I7-.7_;1.P BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared PDX r CITY r,-.TT.IERJ\LT) Fit 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 CITY OF T,..7ICYIT11 PALLS , n MUNTCIPTL CCPPORATI(N a corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacit^ therein stated. nn GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 9 day of '3J A. D. 19 71 aA oS. 6 2 , 4 a Martha L Cecil Notary Pu lic in and for Wichita County, Texas.