Res 120-97 8/19/1997RESOLUTION !,
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN ENCROACHMENT AGREEMENT WITH ROBERT D. OWENS AND
JOELLYN S. OWENS ACROSS PORTIONS OF A UTILITY EASEMENT
AND BUILDING SETBACK LINE ON LOT 12, BLOCK 48, FOUNTAIN
PARK SECTION 2 -D, AN ADDITION TO THE CITY OF WICHITA FALLS,
TEXAS, FOR EXISTING STRUCTURES LOCATED ON THE LOT 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, Robert D. Owens and Joellyn S. Owens have requested an
encroachment agreement for certain encroachments on their property at 4116
Canberra; and,
WHEREAS, all utility companies occupying the easements have reviewed this
request and agreed to the granting of this encroachment agreement subject to a "hold
harmless cause "; and,
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 Robert D. Owens and Joellyn S. Owens, acknowledging
the existing utility easement and building setback line encroachments on Lot 12, Block
48, Fountain Park Section 2 -D, an addition to the City of Wichita Falls, Texas, the same
described in the encroachment agreement attached hereto as Exhibit "A" and made a
part hereof for all purposes.
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 19th day of August, 1997.
G
MAYO
ATTEST:
ml ) � (000
CITY CLERK
Exhibit A
ENCROACHMENT
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA
THAT the City of Wichita Falls, Texas, hereinafter called Grantor, in
consideration of One Dollar ($1.00) and other good and valuable considerations to it in
hand paid, hereby grants to Robert D. Owens and Joellyn S. Owens, hereinafter called
Grantees, an encroachment upon, over and across a portion of a certain utility
easement and building setback line in Lot 12, Block 48, Fountain Park Section 2-D, an
addition to the City Of Wichita Falls, Wichita County, Texas, and shown on the attached
property drawing labeled as "Attachment 1 ", and made a part of this Resolution.
This instrument shall be construed as conveying an encroachment to Robert D.
Owens and Joellyn S. Owens, their successors and assigns, for the existing
encroachments of structures on Lot 12, Block 48, Fountain Park Section 2-D, an
addition to the City of Wichita Falls, Texas, upon the Grantors herein described utility
easement and building setback line on the lot.
Grantees, their successors and assigns, as further consideration for the
encroachment shall save and hold harmless the Grantor and all other utility companies
occupying the easement by permission of the Grantor for any and all claims, damages,
actions, or liabilities associated with Grantors or other utility companies' maintenance,
repair, and use of utility lines and facilities installed in the Grantors utility easement.
Grantees, their successors and assigns, agree that should Grantor, or other utility
companies occupying the easement by permission of Grantor, need to remove or
partially remove such encroachments in order to construct or install public utilities or
repair existing utilities or streets, or perform other work for a public purpose, within the
herein described easements, such removal or partial removal shall be at the sole
expense of Grantees, their successors or assigns.
TO HAVE AND TO HOLD the above-described encroachments unto the said
Grantees, their successors or assigns until the use of such utility easement shall be
needed for public purpose or the Grantor abandons said easement, in which event
Grantees shall pay Grantor the fair market value of the easement.
EXECUTED this day of 1997.
ATTEST:
City Clerk
City of Wichita Falls, Texas
MI_
0
James Berzina, City Manager
Robert D. Owens
By:
Joellyn S. Owens
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 instrument, and acknowledged to me that
he executed the same for the said City of Wichita Falls, Texas, 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
,1997.
STATE OF TEXAS
COUNTY OF WICHITA
Notary Public, State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Robert D. Owens, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to
me that he executed the same 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
Notary Public, State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Texas, on this day personally appeared Joellyn S. Owens, known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to
me that she executed the same 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
,1997.
Notary Public, State of Texas
Attachment 1
-- Lot 11--- -
�� N 89e 5T 32" E 85,28 wo
IS Udiity Eimismont
Hd Tub
n
�9 rr4
wm
eJ
it
4 b M CO
1'. Deck
Lot 13
U
K. F
N
yam,
m Carnet }y
i A
ta-
C
a
ice
WL1
ro.V jI -V
Y
Q
sa
/ry
FL
YJ
Oren Story 1166 House Y
r
O
�
M r
�
zo
^
ll
73� iS3 i.
W B.L.L.
z
Lot 12
Block 48
The heron described
Fountain Park
property does not to vhftn
Section 2 -d
the 100 Year Flood as
delineated on the Flood
Boundary end Floodway fry.
f ° =°
Map, City of Wichita Fols,
Wld to County. Texas
S 89e 52'W 90.0
Patel NurnW_ Qj5_0 as
published by the U.S.
Oapertment of Housing
and Urban Development
Federal Insurance
Canberra Drive
Adrnirristrauon.
Zone X
sLm• : t tr,ca= 20 asr
I hereby carby Out tMS plat represents the resuks of an on Oro ground curvy made under my drodion and supemsion of yie property located at
4116 Canberra Qriye, and deserted es follows: lML9
Block 4§, Fountain P_ W-k See/on 2_-OL an addMion to ate Coy of Wkt ib Fats. Taws, aecotdirg
to the plat of record in Vol 12 Pages 52 t iS Vj(i„Lt>dat
CouMty Plat Records. 1000 terrify i-at ft dmeeMals, time and bamboo of buitd'nps all
wnprovemants we s shown: OW dun are no visible ancroaehrnenbc, canfiets or protrusions ercapt as shown, AN comas we as shown.
This the ?sea day of June, 1997.
TEXOMA LAND SURVEYING e
(940) 691 — 9711 y� A `. wa• P,on