Res 1335 8/15/1972RESOLUTION NO. /25
BE IT RESOLVED THAT BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain easement, a copy of which is attached hereto,
whereby the City of Wichita Falls grants to the Community Telephone
Company, Inc. an easement of right-of-way for an underground
telephone cable at Lake Arrowhead, is hereby approved, and the
Mayor is authorized to execute and deliver the same for the
City of Wichita Falls .
PASSED AND APPROVED this the / X day of August, 1972 .
OM A Y O R
ATTEST:
City Clerk
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/100 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 underground
telephone cable , and all necessary or desirable appurtenances,
at or near the location where said cable is buried, described
generally as follows , to-wit:
Situated on the shores of Lake Arrowhead , Clay
County, Texas , and described as follow:
BEGINNING at a point on the West right-of-way
of West Arrowhead Drive , and the East line
of the J.S. Bridwell lands , said point being
430 feet North of the point where the West
right-of-way line of West Arrowhead Drive and
the East line of the J.S. Bridwell lands converge;
THENCE East across West Arrowhead Drive to
a point in the East right-of-way of West Arrowhead
Drive, adjacent to Lot No. 4 ;
THENCE South with the East right-of-way line
of West Arrowhead Drive approximately 400 feet
to a curve in an Easterly direction;
THENCE along the Eastern and Northern right-
of-way of West Arrowhead Drive , in a generally
Easterly direction to the corner of the intersection
of West Arrowhead Drive and Apache Trail;
THENCE Northerly along the West edge of Apache
Trail, some 540 feet.
BEGINNING again, at the intersection of the
West line of Apache Trail and the Northerly
line of West Arrowhead Drive;
THENCE along the Northerly right-of-way line
of West Arrowhead Drive to the intersection
of the West side of Arapahoes Trace;
THENCE Northerly along the West right-of-way
of ArapahoeTrace to a corner, between Lots
22 and 23 , at which point ArapahoeTrace turns
Easterly;
THENCE Easterly along the North right-of-way
line of ArapahoeTrace some 450 feet.
BEGINNING again at the intersection of the
West line of ArapahoeTrace and the North line
of West Arrowhead Drive;
THENCE Easterly along the North line of West
Arrowhead Drive to the Eastern side of Arapahbe
Trace, when' it again intersects West Arrowhead
Drive;
THENCE Northerly along the East side of Araphoe
Trace a distance of 270 feet.
BEGINNING again at the intersection of the
East right-of-way of Araphoe Trace and the
North right-of-way of West Arrowhead Drive;
THENCE Easterly along the North right-of-way
of West Arrowhead Drive;
THENCE curving to the left to a Northerly direction
along the West side of West Arrowhead Drive
to a point where it intersects with West Arrowhead
Lane;
THENCE along the Northwesterly line of West
Arrowhead Lane to the end of West Arrowhead
Lane.
BEGINNING again at the intersection of the
Westerly line of West Arrowhead Drive and the
Northwesterly line of West Arrowhead Lane,
along the Northerly side of West Arrowhead
Drive , around the curve to the right;
THENCE along the Northeasterly edge of West
Arrowhead Drive to a point where it intersects
with the West side of Blackfeet Trail;
THENCE Northeasterly along the Northwestern
edge of Blackfeet Trail to a point at the intersection
of Blackfeet Trail and Caddo Trail;
THENCE across Caddo Trail to the Northeastern
edge of Caddo Trail;
THENCE Southeasterly along the Northeasterly
edge of Caddo Trail to the end of Caddo Trail ,
adjacent to the Eastern edge of Lot 28 and
the Western edge of Lot 29 .
BEGINNING again at the intersection of the
West line of Blackfeet Trail and the Northern
line of West Arrowhead Drive;
THENCE Southeasterly along the Northern edge
of West Arrowhead Drive to a point where it
intersects with the Eastern edge of Cherokee
Trail;
THENCE along the Eastern edge of Cherokee Trail
with its meanderings , to a point at the intersection
of the Eastern edge of Cherokee Trail and the
dividing line between Lots 31 and 32 of the
Eastern edge of Cherokee Trail .
BEGINNING again at the intersection of the
Northern edge of West Arrowhead Drive and the
Eastern edge of Cherokee Trail,
THENCE Southeasterly along the Northern edge
of West Arrowhead Drive , with its meanderings ,
to the intersection of Chickasaw Circle;
THENCE Northerly along the Western edge of
Chickasaw Circle to a point in the Cricle at
the end of Chickasaw Circle.
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BEGINNING again at the intersection of the
Northern edge of West Arrowhead Drive and the
Western edge of Chickasaw Circle;
THENCE Easterly along the Northern edge of
West Arrowhead Drive with its meanderings ,
THENCE Southerly, to a point where the Eastern
edge of West Arrowhead Drive intersects with
the Southern edge of Chippewa Trail ;
THENCE Easterly and Northerly along the Southern
edge of Chippewa Trail some 1050 feet, to a
point on the dividing line of Lots 2 and 3 .
BEGINNING again at the intersection of West
Arrowhead Drive and the Southern right-of-way
of Chippewa Trail,
THENCE Southerly along the Eastern edge of
West Arrowhead Drive, curving to the right
in a Westerly direction, to a point where West
Arrowhead Drive intersects with Lot 28 .
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 relocate
said cable in the same relative position to any adjacent
road if and as such road is widened in the future; 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 Grantee , may endanger or
interfere with the efficiency or safety, and/or convenient
operation of said cable and its appurtenances ; the right
to trim, cut or remove trees , shrubbery or other obstructions
within, but not limited to said 10 foot space , to the extent
as may be necessary to prevent possible interference with
the operation of said cable , or to remove possible hazard
thereto.
3 -
Grantor also grants and conveys to Grantee, the right
to lay cable on each lot owned by Grantor along 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.'
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 provide
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.
If, in the future, Grantor should widen, lower, or otherwise
reconstruct its roads which are crossed by such easement, which
necessitates the lowering, moving or other adjustment of Grantee' s
lines, such adjustment shall be accomplished by Grantee at its
sole expense at the request of Grantor.
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 forever
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.
Executed this Ara, day of 1972 .
CITY OF WICHITA FALLS, TEXAS
B 14 'a i 1410.4.
Winston Wallander, Mayor
ATTEST :
City Clerk
r f
STATE OF TEXAS
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, on this date personally
appeared WINSTON WALLANDER, Mayor of the City of Wichita Falls,
Texas, known to me to be the person and officer whose name is sub-
scribed 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 day of
1972 .
Notary Public in and for Wichita
County, Texas
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