Res 1294 4/18/1972RESOLUTION NO. /V9 /
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain distribution easement and right-aE -way, a
copy of which is attached hereto, wherein the City of Wichita Falls
grants to Texas Electric Service Company an easement for an electric
transmission line across a certain .434 acre tract of land out of
the Thomas Hardy Survey, Abstract 367, in Wichita County, Texas,
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 18th day of April, 1972 .
iii.:/ ;ice / / . A.
M A Y O R
ATTEST:
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City Clerk
DISTRIBUTION EASEMENT AND RIGHT-OF-WAY
THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF .....__WICHITA
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 Wichita County, Texas, for and in consideration
of On and no/100 Dollars ($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 poles made of wood, metal or other materials, telephone andtelegraphwire, 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. Wichita
County, Texas, to wit:
Being described as a .434 acre tract of land out of the Thomas Hardy Survey, Abstract 367,
Wichita County, Texas, and being more particularly described in that certain deed as
recorded in Volume 1042, Page 295, Deed Records of Wichita County, Texas.
The center line of said distribution line being located and described as follows:
BEGINNING at a point in the South line of above said tract, said point being 3 feet East
of its Southwest corner;
THENCE North 00 degrees 13 minutes 30 seconds East, parallel to the West line of said
tract, 140 feet to a point in its North line.
Grantor recognizes that the general course of said line, as above described, is based upon preliminary surveys only, andherebyagreesthattheeasementherebygrantedshallapplytotheactuallocationofsaidlinewhenconstructed.
Together with the right of ingress and egress over my adjacent lands to or from said right-of-way for the purpose ofinspecting, maintaining, constructing and removing said line and appurtenances; the right to relocate along the same generaldirectionofsaidlines; the right to relocate said line in the same relative position to any adjacent road if and as such road iswidenedinthefuture; 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 saidline, 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 cutdowntreesorshubberywithin, but not limited to, said 10-foot space, to the extent, in the sole judgment of the Company, asmaybenecessarytopreventpossibleinterferencewiththeoperationofsaidlineortoremovepossiblehazardthereto.
TO HAVE AND TO HOLD the above described easement and rights unto the said Company, its successors and assigns, untilsaidlineshallbeabandoned.
And I do hereby bind myself, my heirs and legal representatives, to warrant and forever defend all and singular the abovedescribedeasementandrights.unto the said Company, its successors and assigns, against every person whomsoever lawfullyclaimingortoclaimthesameoranypartthereof.
WITNESS Qux' hand:this day of 19
Company Agent or ATTEST: GM. W. NOM FAILSI A MUNICIPAL CORP.Employee Securing Easement:
SEAL
By: Gerald Fox, City Manager
Wilma J. Thomas, City Secretary - —
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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 WICHITA
BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared
GERALD FOX, CITY MANAGER 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 WICHITA FALLS, A MUNICIPAL
A corporation, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the •day of A. D. 19
Notary Public in and for County,Texas.