Res 066-96 5/21/1996RESOLUTION NO. (Q -Cl (4,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE
AN ENCROACHMENT AGREEMENT WITH BILL GUILLIAMS ACROSS
PORTIONS OF BURNETT AND WARREN STREETS RIGHTS-OF-WAY,
BLOCK E, ORIGINAL TOWNSITE, WICHITA FALLS, TEXAS;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS:
SECTION 1. That the City Manager be and is hereby authorized to execute an
encroachment agreement with Bill Guilliams, acknowledging the existing carport and staircase
encroachment into the rights-of-way of Burnett and Warren Streets, Block E, Original
Townsite, 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 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 21st day of May, 1996.
4000 A jiP.
M A Y
ATTEST:
la 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 One Dollar ($1.00) and other good and valuable considerations to it in hand
paid, hereby grants to Bill Guilliams, hereinafter called Grantee, encroachments upon, over
and across the Burnett and Warren Streets rights-of-way located East and South of 200 North
Burnett Street, a/k/a 55.4' X 102.3', Block N, Original Townsite, the County of Wichita,
State of Texas, for the existing carport and metal staircase structures as shown on the attached
property survey labeled as Exhibit A and made a part of this resolution.
This instrument shall be construed as conveying an encroachment to Bill Guilliams, his
heirs and assigns, for the existing carport and metal staircase located in the Burnett and Warren
Streets rights-of-way, East and South of 200 North Burnett Street, Wichita Falls, Wichita
County, Texas. Grantee shall save and hold harmless the Grantor for any and all claims,
actions or liabilities associated with Grantee's maintenance of such encroachments upon
Grantor's street right-of-way. Grantee, his heirs and assigns, agree that should Grantor need
to remove such encroachment 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
right-of-way, such removal shall be at the sole expense of Grantee, his heirs or assigns.
TO HAVE AND TO HOLD the above-described encroachments unto the said
Grantee, his heirs or assigns until the use of such street right-of-way shall be needed for public
purpose, or the Grantor abandons said right-of-way, in which event Grantee shall pay Grantor
the fair market value of the street right-of-way.
EXECUTED this 21st day of May, 1996.
City of Wichita Falls, Texas
By:
James Berzina, City Manager
ATTEST:
City Clerk
By:
Bill Guilliams
STATE OF TEXAS
COUNTY OF WICHITA §
This instrument was acknowledged before me on 1996, by James
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 acknowledged before me on 1996, by Bill
Guilliams.
Notary Public, State of Texas
II i% • J -JU I IUIr ,I ,v,,LniYUuri',. I Fin AU. u:I i G.i J::vU I, UL
FIELD 1QTES
FIELD NOTES OF 0.224 ACRE OF LAND OUT OF THE JOHN SCOTT SURVEY NO. 15,A4.07,WICHITA
FALLS,WICHITA COUNTY,TEXAS,DESCRIBED BY METES AND BY SA FOLLOWS:
BEGINNING at an"x"found in concrete at the intersection of the Southwest right-of-way line of North Burnett Street with the
Northwest right-of-way line of Warren Street,same being the East corner of a 95.4 foot x 102.3 foot tract described in deed
to Bill Gilliams recorded at Volume 1252,Page 261,Wichita County Deed Records,said corner is called to be 428.8 feet
Northwest from the intersection of the Southwest trio of North Burnett Street with the South line of the Jchn Scott Survey No.
15;
THENCE with the Southwest right-of--way of North Burnett Street N 32'19'W 95,38 feet to an Iron rod found at North corner
of this tract;
THENCE S 57.43'W 102.3 feet to an iron rod sot for the West corner of this tract;
THENCE S 32'19'E 95.4 feet to an iron rod set for the South corner of this tract In the Northwest right-o°-way line of Warren
Street from which an iron rod found bears S 57'42'W 0.3 foot;
THENCE with the Northwest right-of-way line of Warren Street N 57°42'E 102.3 feet to the PLACE OF BEGINNING and
containing 0.224 acre of land.
re.Aria tr.d os.Metr..«flat
U. .aa,m ed.t foe ye.e Hari AA
4.11144eod AA fa. Flood ao aeaay ua
Mealy II.p, city.t WPAMA Pall..
7.11.., .f.ALltowx. Pawl Iltab.t ZD30-5 foilL•a.a Mr um,u.a. 0
O.p.cer.at .,
4/
awu.q Aod vn..
a' Aaw.fep.Nt ?Ya11t1 I
J.e.y.l.ttati.a. sea rivet) toAs
tNUfq..aa.. Ls teas y
e
f4tiyo5ot
eA
1
Otk
t 4' 5 b t illof
ete fitr.
4
P
y
f"
4
S
a
k P o
JOHN r,
e
SCOT Ti SURVEY N0, 15 `,\ a
1-9- ar PLACE OF
307
BEGINNING
arI •-"
L)0 42 a.••
5 ¢01,he
1
o'' g1°
a EXHIBIT
E
PRA
A
0
r .4. OA=OF stramn.-ants NAD 2r
sale I m.• to n
I do 11.WWY snip•that CC pit heletn atettely V ax=Ow rcavlta er on aa.etavA!d survey mace mkt my,lueeti.a ad aapervubo of Om pr.peny
e towed at L e 2 o e N a r4 11 lt_tiu i--I S 4titth.eao aw+xd.mi," et.2 7 4 Arm.r L a Kai
Qu}e fhc .1p1,e. S v44 Cu,roc Ne 1 A-14]rt,Vi'}s ril(5
s
A_ no
I fwtel unify that the dimeagM,Nu and lucatiea e{vlNi.p ad imp.AytlI Ny ANA.sitcom Ill Ul.r.In nu rncroacltuema,atonic'or p.7n1umom
e
4A.wa.All cornett/a.t L As."
9cP't' 612 ' This ow •.-1 4 ii .oy a A .1' to L
v,
s},
s
2 CORLETT,PROBST G BOYD,inc. I i .%.J I.
Ensineoes and s.uveyers 0,it,Pr u Is$ ,, .)r• I e f L
Melilla Falls.isms tur,im t Pra.r..l LorO ttya No. L