Res 001-93 1/5/1993RESOLUTION NO. /43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT WITH THE SOUTHLAND CORPORATION
ACROSS PORTIONS OF 14TH STREET RIGHT-OF-WAY LYING NORTH
OF LOT 3A, BLOCK 230, POWELL & GORMAN SUBDIVISION,
WICHITA FALLS, TEXAS, FOR THE EXISTING WATER AND AIR
SERVICE FACILITY LOCATED IN SAID RIGHT-OF-WAY 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.
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 The Soutland Corporation
acknowledging the existing encroachment into the 14th Street
right-of-way north of Lot 3A, Block 230, Powell & Gorman
Subdivision, 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 . That the encroachment agreement hereby authorized
is to enable The Southland Corporation to obtain clear title to
the property.
SECTION 3 . It is hereby officially found and determined that
the meeting at which this resolution was . .ssed was open to the
public as required by law.
PASSED AND APPROVED THIS THE--5th f Janu. y, 993 .
M A Y O
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 ($1. 00)
Dollar and other good and valuable considerations to it in
hand paid, hereby grants to The Southland Corporation,
hereinafter called Grantee, an encroachment upon, over and
across the 14th Street right-of-way located north of Lot
3A, Block 230, Powell & Gorman Subdivision, in the County
of Wichita, State of Texas, for the existing water and air
service facility as shown on the attached property survey
labeled as "Exhibit B" , and made a part of this Resolution.
This instrument shall be construed as conveying an encroachment
to The Southland Corporation, its successors and assigns, for the
existing water and air service facility located in the 14th Street
right-of-way north of Lot 3A, Block 230, Powell & Gorman Subdivision,
in County of Wichita, State of Texas. Grantee shall save and hold
harmless the Grantor for any and all claims, actions, or liabilities
associated with Grantee's maintenance of such encroachment upon
Grantor's street right-of-way. Grantee, its successors 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, its successors or assigns.
TO HAVE AND TO HOLD the above-described encroachment unto the
said Grantee, its successors or assigns until the use of such street
4.
right-of-way shall be needed for public purpose or the Grantor
abandons said street right-of-way, in which event Grantee shall pay
Grantor the fair market value of the street right-of-way.
EXECUTED this 5th day of January, 1993 .
City of Wichita Falls, Texas
By:
James Berzina, City Manager
ATTEST:
City Clerk
The Southland Corporation
Dallas, Texas
By:
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 Bernina,
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
1992.
Notary Public, State of Texas
5.
STATE OF TEXAS
COUNTY OF WICHITA
BEFORE ME, the undersigned authority, a Notary Public in and for
Texas, on this day personally appearedtheStateofypypp
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 purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
1992 .
Notary Public, State of Texas
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EXHIBIT "B"
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