Res 010-93 1/19/1993RESOLUTION NO. fQ 9 ?
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT WITH JAMES E. YOUNG AND MARY ANN
YOUNG ACROSS PORTIONS OF CERTAIN 5 FOOT UTILITY
EASEMENT LYING ON LOT 13 , BLOCK 8, SOUTH WINDS ESTATES,
SECTION 1, WICHITA FALLS, TEXAS, FOR THE EXISTING
SWIMMING POOL LOCATED IN SAID EASEMENT 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 James E.
Young and Mary Ann Young acknowledging the existing utility
easement encroachment on Lot 13, Block 8, South Winds Estates,
Section 1, 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 James E. Young and Mary Ann Young to
obtain clear title to the property.
SECTION 3. 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 / /i ay of ! __; 2 993 .
M A 0 R
ATTEST:
AYlvt424 242//
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
James E. Young and Mary Ann Young, hereinafter called
Grantees, an encroachment upon, over and across a
portion of certain 5-foot utility easement in Lot 13,
Block 8, South Winds Estates, Section 1, Wichita Falls,
Texas, in the County of Wichita, State of Texas, and
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 James E. Young and Mary Ann Young, their
successors and assigns, for the existing swimming pool
encroachment located on Lot 13, Block 8, .South Winds Estates,
Section 1, Wichita Falls, Texas, upon the Grantor's herein
described 5 foot wide utility easement on the lot. Grantees
shall save and hold harmless the Grantor for any and all claims,
actions, or liabilities associated with Grantees' maintenance of
such encroachments upon Grantor's utility easement. Grantees,
their successors and assigns, agree that should Grantor need to
remove such encroachments 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
easements, such removal shall be at the sole expense of Grantee,
their successors or assigns.
TO HAVE AND TO HOLD the above-described encroachment unto
ss or asstthesaidGrantees, their successors assigns until the use of
such utility easement shall be needed for public purpose or the
Grantor abandons. said—easements, in which event Grantees shall
pay Grantor the fair market value of the easements.
EX&vTED this day of 1993.
City of Wichita Falls, Texas
By:
James Berzina, City Manager
ATTEST:
City Clerk
James E. Young
Mary Ann Young
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
Berzina, 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
1993
Notary Public, State of Texas
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 E.
Young, 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,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
1993.
Notary Public, State of Texas
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 Mary Ann
Young, 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,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
1993.
Notary Public, State of Texas
SE men f
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round survey made
I •• hereby certify that the • /hereon accurately represents the results Mr on-the-q ey
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71Z,/D Melody L o n e and <<
dirertiaa and.sn of the grooarty located at Q
as follows: It l.3- , Block -Mi S u rn d s s fd ° s S ee,-/ o
as addition to the City of id/41171e /co its , Tus: according to the plat of record in Vol- 29- -
it -
W/6111 4a County Plat Records. I further certify that the dimensions, size and location of buildings and Lc:
or protrusions arc as•shown. All corners as shown.
are as shown: that there are no encroachments, eoaflicrs Pro
Tian the //fl of SPA/Lember., 199Q .=
MIT, TWIST r: b ID, Inc.e1Zh 4( ,e• (5,7 d
Engineers and surveyors • Page 6 of 6 Pages Registered Professional Land Surveyor No
Klchita.Falls, ':aces Agenda Item NoNo. 4.c.