Res 090-2007 6/5/2007 � �
RESOLUTION NO. �
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, GRANTING AN EASEMENT 25 FOOT BY 25 FOOT LOCATED ON
THE SOUTH SIDE OF LOTS 1 THROUGH 9 BLOCK 35 KEMP ADDITION AN
ADDITION TO THE CITY OF WICHITA FALLS AS RECORDED IN VOLUME
948 PAGE 343, WICHITA COUNTY PLAT RECORDS TO ATMOS ENERGY
MORE SPECIFICALLY DESCRIBED AND IN THE ATTACHED EXHIBIT "A"
SURVEY; FINDING AND DETERMINING THAT THE MEETING AT WHICH
THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, a request has been received to grant an easement; and
WHEREAS, all affected City departments have been notified and approved; and
WHEREAS, the cost of the easement is on deposit with the Property
Administration Office pending approval; and
WHEREAS, The City Council of the City Wichita Falls, Texas deems it
reasonable and in the best public interest to grant said easement herein indicated in
Exhibit "A".
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City of Wichita Falls shall grant the following easement as
indicated on the attached Exhibit "A" and Exhibit "C" in consideration of One Thousand
dollars and no/100 ($1,000.00) with the resolution authorizing the City manager to
execute said easement Exhibit "B".
SECTION 2. It is hereby officially found and determined that the meeting at
which this resolution was passed was open to the public as required by law.
PASSED AND APPROVED this the 5 day of June, 2007.
,,p�-�n.�
MAYOR
ATTEST:
� -
i Clerk
T. TOBY
A-299
xx
X X X
X X X X
� E. SCOTT AVE. x - X
X X X X X
DEEP HOLE TYPE GROUND BEO INSTALLED
ACCORDING TO DWG. EX1045.
^ (SEE DATA BLOCK FOR DIMENSIONS)
� xx
�
: 25'
�I 805 San Antonio RECTIFIER, METER LOOP,
� ANODE TERMINAL BOX IS
TO 8E MOUNTED ON CLASS
� CLASS 7 CREOSOTE POLE
� � , PER DWG. EX1027
a
� "�` � • � CATHODE CONNECTION
N0. 2 HMWPE ELECTRIC `� TO PIPE PER DWG. EX1028
w Z CABLE W/4' MIN. COVER s
� DIST. H.P. 12"
PL PL PL �p � PL PL
E E E E
E E OVER—HEAD POWER LINES E E E - E
E E E
GPS READING 33.89736N 98.47616W (HAND HELD)
' 4-WARI�NG SIGN WILL BE IN5fALLED SUBWRED BY: ROGER CORBELL
�s sr+awr+ oH uraur aur. REFERENCE DWG. s/�o/2ooe
COMP ETI N �CK TCEQ STATES TW1T TFIE BISE OF USABIE-OUALf1Y PROJECT N0, 080,23127 EX1486
WATER-BEARING SfRATA IS ESIIMATED TO OCCUR AT
- A DEPfH OF _'.
. Nu - oeo. �2 �TMOS LOCATION FOR CATHODIC
_ T STATION SCOTf ST.
q`- �� - r�ooc wi. �. �� aamvnai �u xmrc.rs �nwm energy DIST. H.P. 12"
uwr4. �aiorn nre se-a �a• aaa oauw STA. 1 10+49
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NOtt ° i�' 1b ' SCALE: N/A W�CHITA COUNN, TEXAS
� a v �sa ��wrc
�� �' - - - PROJECT MGR. ENG. ROBERT HALEY DATE: 3-15-2007
- � wor � raF REVISION BY DATE ORAWN 8Y: VHT OSNR: 5108-06
EXHIBIT "B"
Cathodic Station 12" HP Station 110 + 49
EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA §
That for and in consideration of Ten and No/100 Dollaz($10.00)and other good and valuable
consideration to the undersigned, City of Wichita Falls, (herein styled GRANTOR, ) paid, the
receipt of which is hereby acknowledged, the said GRANTOR does hereby GRANT, SELL, and
CONVEY unto Atmos Energy, 301 South Harwood Street, Dallas, Texas 75201-3411, a
corporation (herein styled GRANTEE), its successors and assigns, a free and unobstructed right of
way to construct, inspect, maintain, repair, operate, replace, relocate, change the size of, all
within the easement herein described, and remove at will, in whole or in part, cathodic installation
and appurtenances thereto, and aerial mazkers, as well as di�pose of drilling fluid associated with
the installation of anodes within the easement on the adjacent land of the Grantor in accordance
with Railroad Commission of Texas Statewide Rule 8, paragraph (d) (3) C, over and through the
following described land situated in the State of Texas, County of Wichita, to wit:
Being all of Lots 1 through 9, Block 35, Kemp Addition, Wichita Falls, Wichita
County, Texas, and described as Tract Three in the sheriff's deed to Wichita
County, Trustee, from Virgil T. Stone, defendant, and recorded in Volume 948,
Page 343, of the Deed Records of Wichita County, Texas.
The right of way and easement herein conveyed shall be as shown on the Exhibit "A"
attached hereto and made a part hereof. GRANTEE shall also be entitled to use GRANTOR'S
adjacent property for construction purposes and this right is to terminate upon completion of
the initial construction.
GRANTOR represents that the above described land is not rented to anyone.
TO HAVE AND TO HOLD unto said GRANTEE, its successors and assigns, so long as
such cathodic installation and appurtenances and related facilities thereto shall be maintained, with
ingress to and egress from the premises across the adjacent lands of the Grantor for the purpose
of this grant. GRANTOR shall not interfere with the exercise of GRANTEE'S rights by
constructing or permitting to be constructed any permanent structure upon the easement strip herein
conveyed, and GRANTOR further agrees not to change the grade, remove dirt from the surface
of the easement or impound water over the easement without prior approval of GRANTEE.
GRANTEE hereby agrees to pay any damages which may arise to growing crops and fences
from the construction, maintenance and operation of cathodic installation and related facilities
constructed under the terms of this grant. The consideration received for this easement includes
� • EXHIBIT "B"
(CONTINUED)
payment for the normal damages caused by the initial construction of the cathodic installation and
its appurtenances.
The consideration first above recited as being paid to GRANTOR by GRANTEE is iri
full satisfaction of every righ� hereby granted. All covenants and agreements herein contained shall
extend to and be binding upon the respective heirs, legal representatives, successors and assigns
of the parties hereto and is further assignable in whole or in part.
It is hereby understood that the party securing this grant in behalf of GRANTEE is without
authority to make any covenant or agreement not herein expressed.
WITNESS THE EXECUTION HEREOF, on this the day of
, A.D., 2007.
City of Wichita Falls
By:
STATE OF TEXAS §
§
COUNTY OF §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this date 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 said person(s) executed the same for the purpose and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day
of , A. D., 2007.
Notary Public in and for the State of Texas
My Commission Expires:
Print Name:
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