Res 1199 6/1/1971RESOLUTION NO. /lff9
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF
WICHITA FALLS, TEXAS, THAT:
That certain easement, copy of which is attached hereto,
whereby the M-K-T Railroad Company grants to the City of Wichita
Falls an easement for a public street to extend Lenore Drive across
the Railroad' s main line track as shown on their Drawing A-28865 is
hereby accepted by the City of Wichita Falls, and the City Manager
is authorized to sign any necessary instrument evidencing such
acceptance.
PASSED AND APPROVED THIS the 1st day of June, 1971.
M A Y O
ATTEST:
City Clerk
E A S E M E N T
r
STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF WICHITA )
ti
That MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, a corporation, Grantor,
for and in consideration of the sum of One Dollar ($1 .00) to it cash in hand
paid by the City of Wichita Falls a municipal corporation in
Wichita County, Texas and other good and valuable
considerations, the receipt of which is hereby acknowledged, hereby grants and
conveys to the City of Wichita Falls a right of way and easement for
the purpose of constructing and maintaining a public street over and across
that certain tract or parcel of land lying and being situated in the City of
Wichita Falls Wichita County, Texas
more particularly described as follows :
A rectangular shaped tract or parcel of land situated in the
R. Brown H.R. and being a part of said Railroad Company's
Western Subdivision main track right of way near Mile Post
4. 1 at Wichita Fails, Wichita County, Texas, and being more
particularly described as follows:
0
Commencing at the intersection of the centerline of Katherine
Drive and the centerline of said Railroad Company's Western
Subdivision main track;
Thence in a northwesterly direction along the centerline of
said Railroad Company's Western Subidivision main track a
distance of 985 feet to the point of beginning, said point
being main track valuation chaining station 167+17;
Thence deflecting an angle of 90 degrees, more or less, to
the left, southwesterly, a distance of SO feet, more or less,
to an angle point in the westerly right of way line of said
Railroad Company;
Thence deflecting an angle of 90 degrees, more or less, to
the right, northwesterly, along said Railroad Company's
Westerly right of way line, a distance of 60 feet, more or .
less, to an angle point;
Thence deflecting an angle of 90 degrees, more or less, to the
right, northeasterly, a distance of 100 feet, more or less, to
a point in said Railroad Company's easterly right of way line;
Thence deflecting an angle of 90 degrees, more or less, to
the right, southeasterly, along the Easterly line of said
Railroad Company's right of way, a distance of 60 feet, more
or less, to an angle point;
i.
Thence deflecting an angle of 90 degrees, more or less, to
the right, southwesterly, a distance of 50 feet, more or less,
to the point of beginning.
Containing an area of 6,000 square feet, more or less.
All as shown on print of Drawing No. A-28,865 dated November
23, 1970, last revised April 5, 1971, Office of Chief Engineer,
Denison, Texas, attached and made a part hereof.
TO HAVE AND HOLD all and singular said right and privilege unto the •
City of Wichita Falls for the use and purpose aforesaid.
Grantee accepts this grant of easement subject to any existing ease-
ments, licenses and agreements affecting the premises covered by this easement.
As additional consideration for this right of way and easement, the
City of Wichita Falls agrees, at its sole expense, to construct and
maintain said public road and highway, including pavement, over said tract or
parcel of land and to provide and maintain necessary drainage facilities along
and over said tract or parcel of land so as to prevent damage to Grantor's
premises.
The easement hereby granted shall not in any way prevent the Grantor
herein, its successors and assigns, from constructing any future track or tracks
or maintaining any existing or future track or tracks across the land over which
this easement is granted and operating its trains thereon and thereover or from
multiplying or changing any existing or future track or tracks across the land
over which this easement is granted and operating its trains thereon and there-
over.
In the event Grantee abandons said land or any part thereof, as a
public street, or in the event the premises should cease to be used by the
public generally as a public street, this grant shall become null and void as
to the land so abandoned and all rights to the same herein conveyed shall at
once revert to Grantor, its successors and assigns.
IN WITNESS WHEREOF, the Missouri-Kansas-Texas Railroad Company has
caused these presents to be signed by its Vice President, and its corporate
seal hereto affixed by its Assistant Secretary, this the 16th day of
April 1971.
MISSOURI-
Ai SAS-TEXAS RAILROAD COMPANY
ATTEST:
c
IIP 1
i..II! /, Its Vice President
Assistant Secretary
File: T-18142
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