Res 158-2003 12/2/2003RESOLUTION NO. 19 8 7,_)Z03
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT WITH THE OWNER OF 4216
PROTHRO AVENUE FOR A METAL STORAGE/WORKSHOP THAT
ENCROACHES APPROXIMATELY 122 SQUARE FEET OF A 6' UTILITY
EASEMENT; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, the owner of 4216 Prothro Avenue has requested an encroachment
agreement due to the location of a metal building located in the utility easement that
crosses his property; and
WHEREAS, affected City departments have reviewed this request and
recommended conditional approval of an encroachment agreement; and
WHEREAS, City staff has recommended this approval be contingent upon the
approval of the other utility companies.
WHEREAS, the City Council of the City of Wichita Falls, Texas concurs with the
execution of the attached encroachment agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. In consideration and in receipt of $1,100.00 ($1,000.00 for the
encroachment and $100.00 for the application fee), this resolution shall authorize the
City Manager to execute an encroachment agreement with the owner of 4216 Prothro
Avenue, Wichita Falls, Texas; also known as Lot 9 And Tract 1, Block 10, University
Park Subdivision, allowing the metal building to remain in its present location within the
utility easement as described and indicated in the attached encroachment agreement
and survey.
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 2nd day of December, 2003
MAYOR
ATTEST: _
I City Clerk
ENCROACHMENT
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA §
THAT the City of Wichita Falls, Wichita County. Texas, hereinafter called
Grantor, in consideration of Ten Dollars ($10.00) and other good and valuable
considerations to it in hand paid, hereby grants to Terry H. Ramsey, 1101 Ohio, Wichita
Falls, Texas 76301, hereinafter called Grantee, an encroachment upon, over and
across Grantor's utility easement situated in the County of Wichita, State of Texas, and
described as follows, to -wit:
The encroachment of a metal storage building/workshop
across a 6' Utility Easement located on Lot 9 and Tract 1,
Block 10, University Park Subdivision to the City of Wichita
Falls, said property being also known as 4216 Prothro
Avenue. The encroachment is further identified in the
property survey attached hereto as Exhibit A and
incorporated herein.
This instrument shall be construed as conveying an encroachment to Jerry H.
Ramsey, his heirs and assigns, to construct a metal storage building/workshop over the
City's herein described utility easement. Grantee shall save and hold harmless the
Grantor from any and all claims, actions, or liabilities associated with Grantee's
maintenance of the building and Grantee's use of the easement. Grantor shall have the
sole discretion to determine the need for removal of the building in order to construct or
install public utilities or repair existing utilities within the easement and Grantee, his
heirs and assigns, agree that such removal shall be at the sole expense of Grantee, his
heirs or assigns. Grantee, his heirs and assigns, agree to construct no other
improvements on or across the easement. Both parties agree that any rights or
privileges granted by this instrument shall be subservient to the dedicated use of the
property as a utility easement.
TO HAVE AND TO HOLD the above -described encroachment unto the said
Grantee, his heirs and assigns, until the use of such easement shall be needed for
public purpose or the Grantor abandons said easement, in which event Grantee shall
pay Grantor the fair market value of the easement across his property.
EXECUTED this day of December, 2003.
City of Wichita Falls, Texas
James Berzina, City Manager
ATTEST:
City Clerk
Jerry H. Ramsey, Grantee
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