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Res 1317 6/20/1972RESOLUTION NO. 3 /J BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA FALLS, TEXAS, THAT: Those two certain easements, copies of which are attached hereto, from the City of Wichita Falls to Texas Electric Service Company, one across land in Arrowhead Industrial District, and the other across lands along River Road, are 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 20th day of June, 1972 . M A Y O Rc; 4/4;myert 41Gaei/s4 -4 ATTEST: j / , City Clerk a>r_21 RACT 43 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 of Wichita County, Texas, for and in consideration of Ten and Nc/100 Dollars ($ 10 .00 ) to me (us) 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 trans- mission and distribution line, consisting of variable numbers of wires, and all necessary or desirable appurtenances (including towers, H-frames or poles made of wood, metal or other materials , telephone and telegraph wire, props and guys) , at or near the location and along the general* course now located and staked out by said Company, along, over, under; located inacrossanduponthefollowingdescribedlands WichitaP9 County, Texas, to-wit: All that certain lot, tract or parcel of land out of the M. Carbajal Survey, Abstract 44 , Wichita County, Texas, and being a portion of that certain tract conveyed to the City of Wichita Falls, Texas, by deed recorded in Volume 1047, Page 733 , Deed Records, Wichita County, Texas, and being more particularly described by metes and bounds as follows: BEGINNIIG at the Northeast corner of Block 1, Unit 1, Arrowhead Indus- trial District, according to the plat of same recorded in Volume 13, Pages 16 and 17, Plat Records of Wichita County, Texas; THENCE South 23 degrees 38 minutes East along the East line of said Block 1, a distance of 165-23/100 feet to a point for corner; THENCE North 53 degrees 59 minutes West 255-62/100 feet to a point on the North line of said Block 1; THENCE North 89 degrees 34 minutes East along the North line of said Block 1, a distance of 140-52/100 feet to the place of beginning and containing 0-245/1000 acre of land. The right to remove or prevent the construction of, for distance of 37-5/10 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 interfere with the efficiency, safety , and/or . convenient operation of said line and its appurtenances ; and the' right to trim or cut down trees or shrubbery within, but not limited to, said 75 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. The right is reserved by Grantor to use the land within the 75 foot space above described for general agricultural, grazing or other purposes not inconsistent with Grantee ' s use of such property provided such use shall not include the growing of trees thereon or any other use which might, in the sole judgment of the Company, interfere with the exercise by the Company of the rights hereby granted. In addition to the consideration above recited for the easement and right of way hereby granted, the Company will pay to the owner of the land, and if leased, to his tenant, as they may be respectively entitled, for actual damages done to fences , terraces and growing crops by reason of the construction, maintenance or removal of said line; provided, however, that no such payment will be made for trimming or removal of trees from said land, nor for removal of trees or other obstructions from such 75 foot space after said, line is constructed, as hereinabove provided. 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. If the construction of the facilities to be erected and located under the terms of this grant is not begun within 15 years from the date hereof , u on terminate and all rightsthisgrantshalltherehts and interests hereunderpg shall revert to grantor, his heirs and assigns . And I (we) do hereby bind myself (ourselves) , my (our) 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 our handsthis 10th day of JulY 19 72 ATTEST: SEAL By: 'erald Fox, ity ,Manager for the CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION Wilma J. Thomas, City 6,sotatel4eslcw. J CERTIFICATE OF ACKNOWLEDGMENT FOR INDIVIDUALS T THE STATE OF TEXAS County of BEFORE ME,the undersigned authority,on this day personally appeared known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument, and acknowledged to me that • executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ,A. D. 19 Notary Public County, Texas n 0.n 0 5' y ? n o I D, tiy e e G c p t • Q H O W N n c w 6. n l H f-3 m 7 °" ioop ta 7, a <-4: 4-X a Tr) 0. a a' H ,Q A a. a. '< .oy On V] rt 9 'rl 41 0 Fa' a a a e y a : `41 g a A O t V O Qr rk. rri a a na x 21 A,.. d h to a. 8' 2 a l "' i c, r C aa 'Ti Ya a a 5 o K a 0 r 11-8.° a a Cya Z. Cf) n w a o e n I C k l f 7 a P, Iacooo'e CERTIFICATE OF ACKNOWLEDGMENT FOR INDIVIDUALS THE STATE OF TEXAS County of BEFORE ME,the undersigned authority,on this day personally appeared known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument, and acknowledged to me that executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A. D. 19 Notary Public County, Texas CERTIFICATE OF ACKNOWLEDGMENT FOR CORPORATIONS, ASSOCIATIONS, CHURCHES, SCHOOL DISTRICTS, ETC. THE STATE OF TEXAS County of WICHITA I BEFORE ME,the undersigned authority,on this day personally appeared GERALD FOX CITY MANAGER Title) of WICHITA COUNTY, TEXAS known to me to he the personM whose name(*) is MX) subscribed to the foregoing instrument, and acknowledged to me that executed the same as the act and deed of THE CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION CITY MANAGER and as thereof, and for the purposes and consideration therein expressed. Title) GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10th day of July A. D. 1972 Notary Public Wichita County, Texas • h 4ti 0 O Zrr2 / 01, 6802 ti / J. d N 1' 0.9'5'Z.y'r r' Jn oLI. y o 1 N N f SO' N n o w', .° 0 a 5.A. _xi ct, oxl• 1 C.* 00 0 4, t. 114-11 G. X 0 c 0 Jo. N C y J r) o0 n > i a a 21 0 PI 1 • o. D I n 0 v •01 m n• 1. a a p Z m y1n Z m ° 0 D 73 0 L m N A i0 r0 rrl c,mA 3 4 ip 1< m MI N tee m y.‘,4-< 0o a 8B.5 n r r c" m f 1,y Co D I- o. 4 yam f Z 1 cq NO( 2/•W 99.2G' i i / /m 1 yo Parcel N°, \( ooTR.N 42 0.022 /{c. 4 t. i s 1 ti SDo°Z/ E 9/X9/' /9j f N. y 4 th f m x cj m C Z my q W 0 M A i). r :., T I 4 — 509 c n 0 u TRACT 31 EASEMENT AND RIGHT-OF-WAY I 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 of Wichita County, Texas, for and in consideration of Ten and No/100 Dollars ($ 10.00 to me (us) 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 trans- mission and distribution line, consisting of variable numbers of wires, and all necessary or desirable appurtenances (including towers , H-frames or poles made of wood, metal or other materials , telephone and telegraph wire, props and guys) , 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 winh;t-a County, Texas, to-wit: All that certain lot, tract or parcel of land out of the John A. Scott Survey No. 14 , Abstract 304 , Wichita County, Texas, and being a portion of that certain tract conveyed to the City of Wichita Falls, Texas, by deeds recorded in Volume 562, Page 408 , and Volume 569, Page 45, Deed Records of Wichita County, Texas, and being more particularly described by metes and bounds in two (2) tracts as follows: TRACT "A" BEGINNING at a point on the East line of said City of Wichita Falls tract South 00 degrees 03 minutes East 957-8/10 feet from its Northeast corner, said point also being South 00 degrees 03 minutes East 24-1/10 feet from the South corner of a tract owned by C. B. Fuller and described in deed recorded in Volume 1006, Page 331, Deed Records of Wichita County, Texas; THENCE South 00 degrees 03 minutes East along the East line of said City of Wichita Falls tract, 83-8/10 feet to a point for corner; THENCE North 63 degrees 30 minutes West 895-8/10 feet to a point in the South right of way line of River Road for corner; THENCE in a northeasterly direction along the South right of way line of River Road following a curve to the left with a radius of 1467-7/10 feet for a distance of 108-4/10 feet to a point for corner; THENCE South 63 degrees 30 minutes East 784-9/10 feet to the place of beginning and containing 1-446/1000 acres of land. TRACT "B" BEGINNING at a point in the North right of way line of River Road South 00 degrees 03 minutes East 957-8/10 feet and North 63 degrees 30 minutes West 878-7/10 feet from the Northeast corner of said City of Wichita Falls tract, said point also being North 63 degrees 30 minutes West 93-8/10 feet from the North corner of the above described Tract "A" ; THENCE in a southwesterly direction along the North right of way line of River Road following a curve to the right with a radius of 1397-7/10 feet for a distance of, 113-5/10 feet to a point for corner; THENCE North 63 degrees 30 minutes West 2513-5/10 feet to a point on the South bank of the Big Wichita River for corner; THENCE North 12 degrees 00 minutes West along the South bank of said River 82-4/10 feet to a point for corner; THENCE South 63 degrees 30 minutes East 2614-9/10 feet to the place of beginning and containing 4-414/1000 acres of land. The right to remove or prevent the construction of, for distance of 37-5/10 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 interfere with the efficiency , safety , and/or convenient operation of said line and its appurtenances ; and the• right to trim or cut down trees or shrubbery within, but not limited to, said 75 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. The right is reserved by Grantor to use the land within the 75 foot space above described for general agricultural , grazing or other purposes not inconsistent with Grantee 's use of such property provided such use shall not include the growing of trees thereon or any other use which might, in • the sole judgment of the Company, interfere with the exercise by the Company of the rights hereby granted. In addition to the consideration above recited for the easement and right of way hereby granted, the Company will pay to the owner of the land, and if leased, to his tenant, as they may be respectively entitled, for actual damages done to fences , terraces and growing crops by reason of the construction, maintenance or removal of said line; provided, however, that no such payment will be made for trimming or removal of trees from said land, nor for removal of trees or other obstructions from such 75 foot. space after said line is constructed, as hereinabove provided. 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. If the construction of the facilities to be erected and located under the terms of this grant is not begun within 15 years from the date hereof , this grant shall thereupon terminate and all rights and interests hereunder shall revert to grantor, his heirs and assigns . And I (we) do hereby bind myself (ourselves) , my (our) 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 our handsthis 10th day of July 19 72. ATTEST: lSEAL By Gerald Fox, -City Manager for the CITY OF 6 WICHITA FALLS, A MUNICIPAL CORPORATION Wilma J. Thomas, Cityr't CERTIFICATE OF ACKNOWLEDGMENT FOR INDIVIDUALS THE STATE OF TEXAS County of BEFORE ME,the undersigned authority,on this day personally appeared known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument, and acknowledged to me that executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 'A. D. 19 Notary Public County, Texas a e S 7 yncaa, n y N i X.1 Y rf 5Ps'3 a W ' 5' y CP CD Z" x 0 M 1-+a 0 CI ,-3 o P''a CD n n r-. I a °' `e n w fl p t'' ti O f'1' Cri ai M 44 1.... o a. q' m00 A• O I n CO w A a , 1D m 0 CD c a• 0 O r. 0 u . rr,v N.a co 5d 4. E,.. A a .e I. CERTIFICATE OF ACKNOWLEDGMENT FOR INDIVIDUALS THE STATE OF TEXAS ICountyof BEFORE ME,the undersigned authority,on this day personally appeared known to me to be the person(s) whose name(s) is (are) subscribed to the foregoing instrument, and acknowledged to me that executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A. D. 19 Notary Public County, Texas CERTIFICATE OF ACKNOWLEDGMENT FOR CORPORATIONS, ASSOCIATIONS, CHURCHES, SCHOOL DISTRICTS, ETC. THE STATE OF TEXAS County of WICHITA I BEFORE ME,the undersigned authority,on this day personally appeared GERALD FOX CITY MANAGER Title) of WICHITA COUNTY,, TEXAS known to me to he the person(*) whose name(*) is (VA subscribed to the foregoing instrument, and acknowledged to me that executed the same as the act and deed of THE CITY OF WICHITA FALLS, A MUNICIPAL CORPORATION and as CITY MANAGER thereof, and for the purposes and consideration therein expressed. Title) GIVEN UNDER MY HAND AND SEAL OF OFFICE this 10th day of July A. D. 19 72 Notary Public Wichita County, Texas • 4 NE/4 JOHN A . 5 COTT SUR„ N o 14 Q A - 3o4 c - ppy y of Wich/Ai Fa 0 ' ti 569/¢5 1ti lice2a.8 Ac,-?' Re/r/. e J 1 V 6 I N63o p - u 7.OAc.f Rem. a e o x a s/ 3•. s- ¶Z •g 5 l_ 8 Ac. ±Re#?7 I7der o'3' I \i Y lkN 6 9 1 y 1 ` CO M 60 City of Wic ifa Fa// t` \\ 9 R 0 vo C/ y h ofo E I 5(o2/ 4-o8 3m d 6.7 Ac. !fie/77. xy HT off. o/` ..• ' I / 0 Ac..t ''cma,rider City of Wichita Fa//s i CO en N r62/408 SE 4 JOHN A. SCOTT SUR. M° 14 V[I . ' rAw A - 304 e•;, 1":., OF ..W I i..r I A' '‘'..:‘,.\S II. , L I,r TA'ACrN° 3/ SURVEY PLAT ECALt: I•'= 5OO FT. R,n Sue/ver - • (.101-IN A . SCOTT SUR. JTHEABOVEDESCRIBEDTRACTWASSURVEYED__ anuary /2, //972 IV /4-, A-30¢ AND THE DIMENSIONS SHOWN ARE HEREBY CERTIFIED TO BE TRUE AND CORRECT. 9/...• W/C/-(/;/'A COUNTY. TLXAS/___- GURVry FOR TGxos E/ec7Lric Service Co. 1,6 J 1-t.. C,o,-/G Jr, REGISTERED ruouc SURVEYOR CORLETT. GRAY fk PRO I T REGISTERED PUIILIC •URVEYORO WICHITA FALLS. TCXAO. 1 1 1 I