Res 003-95 1/3/1995RESOLUTION NO. '�) `�I J
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE
AN ENCROACHMENT AGREEMENT WITH LARRY AND KATHERINE
HARTMANGRUBER ACROSS A 10 FOOT SEWER EASEMENT LYING ON
LOT 9, BLOCK 39, SECTION 2B, FOUNTAIN PARK ADDITION,
WICHITA FALLS, TEXAS, FOR AN EXISTING RESIDENCE;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION 1. The City Manager be and is hereby authorized to
execute an Encroachment Agreement with Larry and Katherine
Hartmangruber, acknowledging the existing sewer easement
encroachment on Lot 9, Block 39, Section 2B, Fountain Park
Addition, 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 3rd day of January, 1995.
ATTEST:
City Clerk
EXHIBIT "A"
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 consideration to it in hand
paid, hereby grants to Larry and Katherine Hartmangruber,
hereinafter called Grantee, an encroachment upon, over and across
Grantor's sewer easement situated in the County of Wichita, State
of Texas, and described as follows, to -wit:
The encroachment of a residence across a 10
foot sewer easement on Lot 9, Block 39,
Section 2B, Fountain Park Addition to the
City of Wichita Falls, said property being
also known as 2412 North Leighton Circle.
This instrument shall be construed as conveying an
encroachment to Larry and Katherine Hartmangruber, their heirs
and assigns, to construct a residence over the City's herein
described sewer easement. Grantee shall save and hold harmless
Grantor from any and all claims, actions, or liabilities
associated with Grantee's maintenance of the residence upon
Grantor's easement, including any damage to Grantee's residence
or damages to any other residence located upstream which may
result directly or indirectly from Grantor's use and operation of
the sewer line. Grantor shall have the sole discretion to
determine the need for removal of the residence and /or the
existing sewer line in order to construct or install public
utilities or repair existing utilities within the easement, and
Grantee, their heirs and assigns, agree that such removal shall
be at the sole expense of Grantee, their heirs or assigns.
TO HAVE AND TO HOLD the above - described encroachment unto
the said Grantee, their heirs or assigns, until the use of such
2
abandons said easement, in which event Grantee shall pay Grantor
the fair market value of the easement across their property.
EXECUTED this day of , 199
City of Wichita Falls, Texas
By:
James Berzina, City Manager
ATTEST:
City Clerk
Larry Hartmangruber
Katherine Hartmangruber
STATE OF TEXAS §
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, on this day personally
appeared Jim Berzina, City Manager of the City of Wichita Falls,
Texas, a municipal corporation, known to me to be the person
whose name is subscribed to the foregoing document, and
acknowledged to me that he executed the same for the said City of
Wichita Falls, 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
, 199
Notary Public, State of Texas
3
STATE OF TEXAS §
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, on this day personally
appeared Larry Hartmangruber, known to me to be the person whose
name is subscribed to the foregoing document, and acknowledged to
me that he executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
. 199
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, on this day personally
appeared Katherine Hartmangruber, known to me to be the person
whose name is subscribed to the foregoing document, and
acknowledged to me that she executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
. 199
Notary Public, State of Texas
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE
AN ENCROACHMENT AGREEMENT WITH LARRY AND KATHERINE
HARTMANGRUBER ACROSS A 10 FOOT SEWER EASEMENT LYING ON
LOT 9, BLOCK 39, SECTION 2B, FOUNTAIN PARK ADDITION,
WICHITA FALLS, TEXAS, FOR AN EXISTING RESIDENCE;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS DISCUSSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
SECTION 1. The City Manager be and is hereby authorized to
execute an Encroachment Agreement with Larry and Katherine
Hartmangruber, acknowledging the existing sewer easement
encroachment on Lot 9, Block 39, Section 2B, Fountain Park
Addition, 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 3rd day of January, 1995.
M A Y O R
ATTEST:
City Clerk
EXHIBIT "A"
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 consideration to it in hand
paid, hereby grants to Larry and Katherine Hartmangruber,
hereinafter called Grantee, an encroachment upon, over and across
Grantor's sewer easement situated in the County of Wichita, State
of Texas, and described as follows, to -wit:
The encroachment of a residence across a 10
foot sewer easement on Lot 9, Block 39,
Section 2B, Fountain Park Addition to the
City of Wichita Falls, said property being
also known as 2412 North Leighton Circle.
This instrument shall be construed as conveying an
encroachment to Larry and Katherine Hartmangruber, their heirs
and assigns, to construct a residence over the City's herein
described sewer easement. Grantee shall save and hold harmless
Grantor from any and all claims, actions, or liabilities
associated with Grantee's maintenance of the residence upon
Grantor's easement, including any damage to Grantee's residence
or damages to any other residence located upstream which may
result directly or indirectly from Grantor's use and operation of
the sewer line. Grantor shall have the sole discretion to
determine the need for removal of the residence and /or the
existing sewer line in order to construct or install public
utilities or repair existing utilities within the easement, and
Grantee, their heirs and assigns, agree that such removal shall
be at the sole expense of Grantee, their heirs or assigns.
TO HAVE AND TO HOLD the above - described encroachment unto
the said Grantee, their heirs or assigns, until the use of such
F
abandons said easement, in which event Grantee shall pay Grantor
the fair market value of the easement across their property.
EXECUTED this day of , 199
City of Wichita Falls, Texas
By:
James Berzina, City Manager
ATTEST:
City Clerk
Larry Hartmangruber
Katherine Hartmangruber
STATE OF TEXAS §
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, on this day personally
appeared Jim Berzina, City Manager of the City of Wichita Falls,
Texas, a municipal corporation, known to me to be the person
whose name is subscribed to the foregoing document, and
acknowledged to me that he executed the same for the said City of
Wichita Falls, 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
. 199
Notary Public, State of Texas
97
STATE OF TEXAS §
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, on this day personally
appeared Larry Hartmangruber, known to me to be the person whose
name is subscribed to the foregoing document, and acknowledged to
me that he executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
199
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, on this day personally
appeared Katherine Hartmangruber, known to me to be the person
whose name is subscribed to the foregoing document, and
acknowledged to me that she executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
, 199
Notary Public, State of Texas