Res 137-95 8/15/1995RESOLUTION NO. 1 ^
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT WITH NELSON AND SHERLYN
MARTIN FOR ACCESS ACROSS A UTILITY EASEMENT LOCATED IN
BLOCK 17, SOUTBERN HILLS SECTION, DITTOE HEIGHTS ADDITION
TO THE CITY OF WICHITA FALLS, IN ACCORDANCE WITH SAID
ENCROACHMENT AGREEMENT; 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 Nelson and Sherlyn Martin for access across the existing utility easement on Lots
14, Block 17, Southern Hills Section, Dittoe Heights Addition, as recorded in Volume 7, Page
119 of the plat records of Wichita County, the same described in the encroachment agreement
attached hereto as Exhibit "A" and made a part hereof for all purposes.
SECTION 2. It is 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 15th day of August, 1995.
r�
M A Y O R
ATTEST:
I
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 Ten Dollars ($10.00) and other good and valuable considerations to it in hand
paid, hereby grants to Nelson and Sherlyn Martin, hereinafter called Grantee, an encroachment for
ingress and egress over and across Grantor's utility easement situated in the County of Wichita,
State of Texas, and described as follows, to -wit:
That certain ten (10) foot utility easement located along the eastern
boundary of Block 17, Lots 1 -4, Southern Hills Section, Dittoe Heights
Addition, as recorded in Volume 7, Page 119 of the plat records of Wichita
County, and further identified in the map attached hereto as Exhibit A and
incorporated herein.
This instrument shall be construed as conveying an encroachment to Nelson and Sherlyn
Martin, as owners of Block 17, Lot 4, Southern Hills Section, Dittoe Heights Addition, their heirs
and assigns, to construct a gravel road over the City's above - described utility easement for ingress
and egress. Grantee shall save and hold harmless Grantor from any and all claims, actions, or
liabilities associated with Grantee's use or maintenance of the easement for ingress and egress as
permitted by this agreement. Grantee further agrees to indemnify and hold harmless Grantor
against any claims which may result directly or indirectly from a third party's use of the easement.
Grantor shall have the sole discretion to determine the need for removal of the gravel and/or
cessation of the use of the easement by Grantee and any other party as permitted by this
agreement, and Grantee agrees to hold harmless and indemnify Grantor against any claims by
Grantee or any third parties which result from the removal of gravel and/or cessation of the use of
the easement. Both parties agree that the rights conveyed or granted by this instrument shall be
only for ingress and egress across the property, and further agree that such right shall be
subservient to the dedicated use of the property as a utility easement and that certain Easement
and Right -of -Way Agreement between the owners of Lots 1 -4, Block 17, Southern Hills
Addition, filed in Volume 1438, Page 601; Volume 1448, Page 607; and Volume 1801, Page 498,
Wichita County Deed Records.
EXECUTED this day of August, 1995.
ATTEST:
City Clerk
Nelson Martin
City of Wichita Falls, Texas
By:
James Berzina, City Manager
Sherlyn Martin
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