Res 022-94 2/15/1994w .
RESOLUTION NO. 3 a -Q'1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS GRANTING AN ENCROACHMENT UPON, OVER AND ACROSS
THE CITY OF WICHITA FALLS' AQUEDUCT ADJACENT TO LOT 4,
BLOCK 19, SIKES ESTATES, SEC. F-2; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the City of Wichita Falls owns the old City
aqueduct that extends from lake Wichita to the Jasper Street
Water Treatment Plant; and,
WHEREAS, Edward Janousek owns property adjacent to the
aqueduct at Lot 4, Block 19, Sikes Estates, Sec. F-2, and desires
to use a portion of the aqueduct to maintain a concrete slab;
and,
WHEREAS, the City Council of the City of Wichita Falls
examined the proposed encroachment, authorizing Edward Janousek
to maintain a concrete slab on the aqueduct.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS:
SECTION 1. That the attached encroachment is hereby
approved, and the City Manager is authorized to execute the same
for the City of Wichita Falls.
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 15 day of Feb 94.
Add!!!::
M A — O R
ATTEST:
I lk!J
City Clerk
1.
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 and No/100
1.00) Dollar and other good and valuable considerations to it,
in hand paid, hereby grants to Edward Janousek, hereinafter
called Grantee, an encroachment upon, over and across Grantor's
aqueduct situated in the County of Wichita, State of Texas, and
described as follows, to-wit:
Lot 4, Block 19, Sikes Estates, Sec. F-2, Wichita
Falls, Wichita County, Texas. To the rear of said
property, a concrete slab measuring 40' x 25' .
This instrument shall be construed as conveying an
encroachment to Edward Janousek, his successors and assigns, to
maintain a concrete slab onto the City's aqueduct. Grantee shall
save and hold harmless the Grantor for any and all claims,
actions, or liabilities associated with Grantee's maintenance and
use of the concrete slab upon Grantor's aqueduct. Grantee, his
successors and assigns, agrees that, should Grantor need to
remove all or part of the concrete slab in order to construct or
install public utilities or any other work within the herein
described City-owned aqueduct, such removal shall be at the sole
expense of Grantee, his successors or assigns.
TO HAVE AND TO HOLD the above-described encroachment unto
the said Grantee, his successors or assigns, until the use of
such aqueduct shall be needed for public purposes or the Grantor
abandons said aqueduct; in which event Grantee shall pay Grantor
the fair market value of the aqueduct adjacent to his property.
EXECUTED this day of February, 1994.
City of Wichita Falls, Texas
By:
Jim Berzina, City Manager
Edward Janousek
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 Jim
Berzina, City Manager for the City of Wichita Falls, Texas, a
municipal corporation, 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 said City of Wichita Falls, a
municipal corporation, 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
February, 1994.
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF WICHITA S
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of Texas, on this day personally appeared Edward
Janousek, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day
of February, 1994.
Notary Public, State of Texas