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HomeMy WebLinkAboutRES 1990-035 � RESOLUTION NO. 90-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY �"""�` OF GRAPEVINE, TEXAS GRANTING A UTILITY EASEMENT DEDICATION AGREEMENT TO GTE SOUTHWEST INCORPORATED; AND PROVIDING AN EFFECTIVE DATE WHEREAS, GTE Southwest Incorporated is the sole provider of telephone service to the City of Grapevine, Texas, and; WHEREAS, the City of Grapevine is the sole owner of the property described in the Easement for Cross-Connect Box Agreement (the "Agreement" ) , attached hereto as Exhibit "A" , on which an easement is required for the placement of a cross-connect box, and; WHEREAS, the City Staff recommends the City Council authorize the City Manager to sign the Agreement as the City of Grapevine representative; and WHEREAS, the City Council finds and concludes the property described in the Agreement is the best location for the � cross-connect box; and � WHEREAS, the City Council finds and concludes it is in the best interest of the City to enter into the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS; Section 1 . That all the above premises are found to be true and correct and are incorporated into the body of this resolution as if copied in its entirety. Section 2. The City Council authorizes the City Manager to enter into the Agreement attached as Exhibit "A" with GTE Southwest Incorporated for an easement for a cross-connect box on the property described in the Agreement. Section 3 . That this resolution shall take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF �� GRAPEVINE, TEXAS on this the 2nd day of October , 1990. .�. �,, APPROVED: +irw�.. William D. Tate Mayor ATTEST: Lin a Huf f City Secretary APPROVED AS TO FORM: .__'_"re ��_��� �- `~�. 7 � John F. Boyle, Jr. City Attorney � � �� � �� EXHIBIT "A" TO RESOLUTION NO. 90-35 �" _ EASEPIENT FOR CROSS-CONNECT $OX I71E STAZE OF TEXAS * EXCfIANCE- � � � COUNIY OF Tarrant * ORDER NO. KNOW ALL P1EN BY Tf1ESE PRESENI'S: That CITY OF GRAPEVINE of the County of Tarrant and Sta[e aforesaid, for and in consideration of the sum of Ten and no/100------------ Dollars ($10.00) to vs in hand paid by GTE Soutliwest Incorporated, a Delaware Cotporation, the =eceipt of which is hezeby acknowledged and confessed, have this day granted and conveyed and do, by these presents, grant and convey unto GTE Southwest Incorporated, its successors and assigns, an easement to construct, place, operate, inspect, maintain, repa�r, rePlace and remove such buried comnunication cable as Gtantee may from time to time requize, consisting of buried cable, markers and necessary fixturee and appurtenances, over, across, under and upon the following desczibed property to wit: Being a tract of land situated in the William Dooley Survey, Abstract No. 422, Tarrant County, Texas, also being a portion of a 1 ecre tracE of land conveyed to ttie City of Grapevine by deed recorded in Vol. 6224, Pg. 516, Deed Records Tarrant County, Texas and being more particularly described by metes and, bounds as follows: SEE EXIIIBIT "A" ATTACfiEO f1EREI0 AND itADE A PART HEREOF. The granting of this easement is conditioned vpon Grantee's agreement �.�. that it will at all times, after doing any work or Eaking any action in connection with the-construction, placement, operat�on, inspection, maintenance, repair, Yeplacement, reconstruction or zemoval of the communication cables or any other facilities or equipment of Crantee, � restore the premises as nearly to the condition in which the same were found before such work was done or action taken, including repair of all fences that might be distuzbed or damage !n performing said wock or other activity, and furtlier upon condition that in the use of aforesaid rights and privileges granted herein, Grantee will not create a nuisance or do any act that will be detrimental to said ptemises and that the tract will not be used by Grantee for any other purpose under this grant except as provided herein TO HA�/E AND TO NOLD the above described easement and rights unto the said Grantee, its successors and assigns, until said cable shall be abartdoned. And I (we) do hereby bind myself (ourselves), iny (our) legal representatives, to warrant and forever defend, all and singular the � above described easement and rights unto the said Grantee, its successors and assigns, against every person whomsoever lawEully claiming or to clairo the same or any park therof. EXECOTED this __�Y� day of ��--Q�(� , 1990. Cit of Gra vine � �.�� �✓ - Title: City Manager a��* • � _ � • �*+ . . �rrr � CERtIFICATE OF ACKNOWLEbCENENT fOR CORPORATIONS THE S7ATE Of 'CEXAS COIJNiY OP TARRANC 1'his l.nstr�+ment�wns nckno�oledged before me on �n�3 /� + 1990, by Mark $. watson, City Manager of the City of Grapevine, Texas, a Municipal Corporation. ��,�J /�n , �xxxxxxxxxxxxxxx�xxxxxxxxxxxxxxxxxxx Signatur�2�S[s''���Q ✓ s�✓ '�" •, x Print Name l FPfl�1'��C IQ11��i� �%��PSTEPHANIE RIYERA x no��rr weu�-siace ot rexes x X �;�ei;,i My Cam�iss:xi Exv�u�2/e/90� Fly Commission Expires�� x xxxxxxxxxxxxxxzx��r.xxr.xxr.xxr.r.xxxxxxxx �'� ' � �*� � _ � . POINT OF COMMENG�MENT EXHI BI T "A '• � FOUND I/Z"57EEL ROD 9 N.W. CORNER OF D A L L A S R D. � 1 ACRE THAC7 CONVEYED 1'0 C11Y OF CRAP£NNE BY DE£0 RECORED IN �OL. 6224, SIREET RICNT-OF-�VAY EASE�tfENT PC. 516 DEED RECOROS, TARRANT COUNTY, RECORDED lN VOL.9B23 PC. 8JJ TEXAS DEED RECOROS, TARR�I�IT COUN7Y, )EXAS � 25.15" 5 00'00'00'E 116.47' N 90'00'00"E PO/N r OF BEGINNING 2 25• 0 4i I�. 1 �� � � g �J W � 3 � o �j � SCALE � o Q� N �.. _ 2, �LJ $� � � g z� � � H � � DEN01E5 FOUND 1/2" � SIEEL ROD fw""�m, � � DENOlES SET 1/2" SIEEL ROD �� 2.20' N 90'00'00' W FIELD NOTES BEING A TRACT OF LAND SITUATED IN THE WILLIAM DOOLEY SURVEY, ABSTRACT NO. 422, TARRANT COUNTY, TEXAS, ALSD BEING A PORT70N OF A 1 ACR£ TRACT OF OF LAND CONVEYED TO TNE CITY OF GRAPEVINE BY DEED RECORDED lN VOLUME 6224, PAGE 516, DEED RECORDS TARRANT COUNTY, TEXAS AND BEING MORE PARI7CULARLY DESCRIBED BY METES AND 80UNOS AS FOLLOWS COMMENCING AT A FOUND 1/2" STEEL ROD AT THE NORTHWEST CORNER OF TNE SAID 1 ACRE TRACT.• 7NENCE S DO' 00' 00" E WITH THE EAS� RIGHT—OF—WAY LINE OF PINE STREET, PASSING THE SOU11-IWEST CORNER OF A STREET RIGHr OF—WAY EASEMENT RECORDED 1N VOL. 9823 PG. 833, DEED RECOROS, TARRANT COUNTY, 7FXAS_AT A DISTANCE OF 25.15; 1N A�� A DISrANCE OF 116.47' TO A 1/2"' STEEL ROD SET A 1NE POINT OF BEGINNlNG: TI-IENCE N 90' 00' 00" E A DISTANCE OF 2.25' TO A SET 1/2" STEEL ROD; TI-IENCE S 00' 24' 33" W A DISTANCE OF 7.00' TO A SET 1/2" STEEL ROD; 7NENCE N 90' 00' 00"" W A DISTANCE OF f.20' TO A SET 1/2"' S1FEL ROD SET ON SAID EAST RIGHT—OF—VVAY LINE,• 7NENCE N 00' 00' 00" E WITH SAID EAST RIGI-IT—OF—WAY LINE A DISTANCE OF 7.00' TO THE POiNT OF BEGINNING AND CONTAINING 15.58 SOUARE FEET OF LAND. �� I, DOUGLA ,y '�NbE�f�i,lx00D. REGISTERED PROFESSIONAL LAND SURVEYOR N0. 4709, DO HEREBY CERIIFY ' f�'�,•.s•7�-I,E�182�,�(E FIELD NOTES WERE PREPAREU FROM A SURVEY MADE ON 71�E GROUND AND AR � R(�e •.,4Nb.COT�RECT TO 7NE BEST OF MY KNOWLEDGE AND BELIEF. � � (}rr�n;tns;•i._i:,. . �;�I\� \,-,..; .... _ .�`.; y •;,,� a,>r,q •.,�; �7 9 � " � `' ll LAS W. UNDERW000 �.�'.d';�'•.:: : .:. . _ '1 .t ,. ��'::�_:.'. , - _ REGlS7FRED PROFESSIONAL � LAND SURI/EYOR iJO. 4709 DRAFTING & SURVEYING 305 W. WOODARD ST. SUITE 204 DENISON, TEXAS 75020 (?_14)465—?_15