Res 125-99 10/19/1999RESOLUTION NO. 1�3-Cloj_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT WITH THE WICHITA COUNTY
HERITAGE SOCIETY ACROSS A PORTION OF NINTH STREET AND
LASALLE (ALLEY) FOR THE INSTALLATION OF FENCING AND THE
EXPANSION OF THE RAILROAD MUSEUM SITE IN ACCORDANCE
WITH THE ENCROACHMENT AGREEMENT; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the Wichita County Heritage Society desires to fence off a portion of
Ninth Street and LaSalle (alley) to further develop the Depot Square Area.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. That the City Manager be and is hereby authorized to execute an
encroachment agreement with the Wichita County Heritage Society across a portion of
Ninth Street and LaSalle (alley), the same described in the encroachment agreement
attached hereto as Exhibit "A" and made a part hereof for all purposes.
SECTION 2. That the encroachment agreement hereby authorized is to enable
the Wichita County Heritage Society to facilitate the installation of fencing and the
expansion of the Railroad Museum site.
SECTION 3. 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 19th day of October 1999.
ATTEST:
41 a , h. WA��
City Clerk
Exhibit "A"
ENCROACHMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TEXAS §
THAT the City of Wichita Falls, Wichita County, Texas, hereinafter called
Grantor, in consideration of One ($1.00) Dollar and other good and valuable
considerations to it in hand paid, hereby grants to the Wichita County Heritage Society,
hereinafter called Grantee, an encroachment upon, over and across a portion of the
Ninth Street and LaSalle Alley rights -of -way situated in the County of Wichita, State of
Texas, and described as follows, to wit:
NINTH STREET AND LASALLE ALLEY
BEGINNING at the Northeast corner of Lot 1, Block 181;
THENCE South 5017' 44" West along the South right -of -way line of Ninth
Street and the North line of the aforementioned Lot 1 a distance of 80.0 feet to a
point; said point being the southeasterly corner of the herein described parcel
and the Place of Beginning of this description;
THENCE South 50 017'44" West along the South right - of-way line of Ninth Street
and the North line of the aforementioned Lot 1 a distance of 70.0 feet and
continuing to a point 0.5 feet into alley right -of -way, in all a distance of 70.5 feet;
THENCE North 39 042'16" West a distance of 80.0 feet to a point in the North
right -of -way line of Ninth Street extended and the South line extended of Lot 7,
Block 177 of the Original Townsite of Wichita Falls;
THENCE North 50 017'44" East along the North right - of-way line of Ninth Street
and the South line of the aforementioned Lot 7 a distance of 70.5 feet to a point;
said point being further identified as lying 80.0 feet South 50 017'44" West of the
southeasterly corner of Lot 7, Block 177 of the Original Townsite of Wichita Falls;
THENCE South 39 142'16" East 80.0' to the Place of Beginning, containing
5,640.0 square feet, more or less.
This instrument shall be construed as conveying an encroachment to the Wichita
County Heritage Society, its successors and assigns, to construct a fence and expand
the Railroad Museum exhibits upon the Grantor's herein described rights-of-way.
Grantee shall save and hold harmless the Grantor for any and all claims, actions, or
liabilities associated with Grantee's installation and maintenance of the fence and
museum expansion upon Grantor's rights -of -way. Grantee, its successors and assigns,
agrees that should Grantor need to remove the fence and/or tracks in order to construct
or install public utilities or repair existing utilities, or perform other work for a public
purpose, within the herein described rights-of-way, such removal shall be at the sole
expense of Grantee, its successors or assigns.
TO HAVE AND TO HOLD the above - described encroachment unto the said
Grantee, its successors or assigns until the use of such rights -of -way be needed for
public purpose or the Grantor abandons said rights -of -way, in which event Grantee
shall pay Grantor the fair market value of the rights -of -way adjacent to its property.
EXECUTED this day of , 1999.
ATTEST:
City Clerk
M_
City of Wichita Falls, Texas
James Berzina, City Manager
Wichita County Heritage Society
By:
Title:
e .
STATE OF TEXAS §
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared James Berzina, City Manager of the City of
Wichita Falls, Texas, a municipal corporation, known to me to be the person and officer
whose name is subscribed to the foregoing document, and acknowledged to me that he
executed the same for the said City of Wichita Falls, Texas, for purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
, 1 999.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, a Notary Public in and for
the State of Texas, on this day personally appeared ,
for the Wichita County Heritage Society, known to
me to be the person and officer whose name is subscribed to the foregoing document,
and acknowledged to me that _he executed the same for the said Wichita County
Heritage Society, for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
1999.
Notary Public, State of Texas
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