Res 088-98 6/16/1998RESOLUTION NO. S 8 -- 9 8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, APPROVING ENCROACHMENT AGREEMENT
ALLOWING THE CONSTRUCTION OF A PAGODA ACROSS A
UTILITY EASEMENT WITHIN THE BUILDING LIMIT LINE ON LOT
12 -A, BLOCK 15, UNIT TWO, MIDWESTERN PARK ADDITION;
FINDING AND DETERMINING THAT THE MEETING AT WHICH
THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, Milburn E. Nutt, the property owner of Lot 12 -A, Block 15, Unit Two,
Midwestern Park Addition to the City of Wichita Falls (a /k/a 2024 Peachtree Lane), has
requested permission to construct a pagoda across the City's 15 foot utility easement
located on the referenced lot; and,
WHEREAS, this request constitutes an encroachment onto public property and
requires City Council approval; and,
WHEREAS, the City Council has examined the issue and desires to approve an
encroachment agreement for the purposes stated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS:
SECTION 1. The proposed encroachment agreement to allow the property
owner at 2024 Peachtree Lane to construct a pagoda across the City of Wichita Falls'
15 foot utility easement within the building limit line located on Lot 12 -A, Block 15, Unit
Two, Midwestern Park Addition, is hereby approved, and the City Manager is
authorized to sign the agreement on behalf of the City.
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 16th day of June, 1998.
AYOR
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 Milburn E. Nutt, 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 Pagoda across a 15' Utility Easement located on Lot 12 -A,
Block 15, Unit Two Midwestern Park Addition to the City of Wichita Falls, said
property being also known as 2024 Peachtree Lane. 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 Milburn E. Nutt, his
heirs and assigns, to construct a Pagoda over the City's herein described utility easement and
within the 15' Building Limit Line. Grantee shall save and hold harmless the Grantor from any
and all claims, actions, or liabilities associated with Grantee's maintenance of the Pagoda and
Grantee's use of the easement. Grantor shall have the sole discretion to determine the need for
removal of the Pagoda 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. 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 16th day of June, 1998.
ATTEST:
City Clerk
Milburn E. Nutt
LIM
City of Wichita Falls, Texas
James Berzina, City Manager
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed before me on this day of , 1998, by
Jim Berzina, City Manager for the City of Wichita Falls, a municipal corporation, on behalf of
said City.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed before me on this day of , 1998, by
Milburn E. Nutt.
AFTER RECORDING RETURN TO:
PROPERTY MANAGEMENT DIVISION
P. O. Box 1431
WICHITA FALLS, TEXAS 76307
Notary Public, State of Texas