Res 009-93 1/19/1993RESOLUTION NO. 7--I?
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT WITH MICHAEL FELTCH ACROSS
PORTIONS OF A CERTAIN 7 .5 FOOT UTILITY EASEMENT LYING
ON LOT 2, BLOCK 5, EDGEMERE HEIGHTS, WICHITA FALLS,
TEXAS, FOR THE EXISTING CARPORT AND ACCESSORY BUILDING
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 Michael
Feltch acknowledging the existing utility easement encroachments
on Lot 2 , Block 5, Edgemere Heights, 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 Michael Feltch 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 A ay of ik 1993 .
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M A Y O R
ATTEST:
47
City Cler
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
Michael Feltch, hereinafter called Grantee,
encroachments upon, over and across a portion of
certain 7. 5-foot utility easement in Lot 2, Block 5,
Edgemere Heights, 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 Michael Feltch, his successors and assigns, for
the existing carport and accessory building encroachments located
on Lot 2, Block 5, Edgemere Heights, Wichita Falls, Texas, upon
the Grantor's herein described 7.5 foot wide utility easement on
the lot. Grantee shall save and hold harmless the Grantor and
all other utility companies occupying the easement by permission
of Grantor for any and all claims, actions, or liabilities
associated with Grantee's maintenance of such encroachments upon
Grantor's utility easement. Grantee, his successors and assigns,
agree that should Grantor, or other utility company occupying the
easement by permission of 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, his successors
or assigns.
TO HAVE AND TO HOLD the above-described encroachments unto
the said Grantee, his successors or assigns until the use of such
utility easement shall be needed for public purpose or the
Grantor abandons said easements, in which event Grantee shall pay
Grantor the fair market value of the easements.
EXECUTED this day of 1993 .
City of Wichita Falls, Texas
By:
James Berzina, City Manager
ATTEST:
City Clerk
Michael Feltch
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 Michael
Feltch, 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
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J BLOrCK $ , E _P _! e hOTECOYO' ''"Li 1,1‘el !'.a>I.S TEXAS, ACCORDING TO THE PLAY OF RECORD IN VOL. 8 . ,PAGE 5SUMcomas4N0 'IMPROVEMENT3 ARE 43 SHOWN,tfTHATJTHERE 4RE£NO ENCROAC MENTS, CONFLICTS OR PROTRUSIONSEDIMENSIONS, SIZE AND tOC4rfON OFSHOWN. ALL C 7RNERS ARE AS SHOWN. THIS THE EXCEPT7JAYOF 'Pr _, 1992 /~CORLET , PROBST & BOYO, tNC. c/' y ,/
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