Res 076-93 6/1/1993RESOLUTION NO. 7 - f3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS AUTHORIZING THE ENCROACHMENT INTO A UTILITY
EASEMENT AT THE REAR OF LOT 29, REPLAT OF PART OF BLOCK
7, MCKENZIE SUBDIVISION IN THE CITY OF WICHITA FALLS,
TEXAS; 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. The Mayor be and is hereby authorized to execute
an encroachment to Jeff and Theresa Chappell, authorizing the
encroachment upon a seven and one-half (7Z) foot utility easement
at the rear of Lot 29 of a replat of part of Block 7, McKenzie
Subdivision in the City of Wichita Falls, for the purpose of
maintaining a roof overhang, patio, and storage shed in
accordance with the terms and conditions of the encroachment
document, the same made a part hereof for all purposes.
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 1st day of June, 1993 .
AP..
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M A Y R
ATTEST:
14-11-fk-di
City lerk
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 Jeff and Theresa Chappell,
their heirs, successors and assigns, encroachments upon, over
and across Grantor's utility easement situated in the County
of Wichita, State of Texas, and described as follows, to-wit:
The encroachment of a storage shed by nine feet, a
roof overhang of 1. 3 feet and a patio encroachment
of . 3 feet, on a utility easement located at the
rear of the property of Lot 29, replat of a part of
Block 7, McKenzie Subdivision of the City of Wichita
Falls, Texas, said encroachment being further
identified in the drawing attached hereto and
incorporated herein.
This instrument shall be construed as conveying an
encroachment to Jeff and Theresa Chappell, their heirs and
assigns, to construct a storage shed of nine feet, a roof
overhang of 1. 3 feet, and a patio encroachment of . 3 feet onto
the City's herein described utility easement. Grantees shall
save and hold harmless the Grantor for any and all claims,
actions, or liabilities associated with Grantees' maintenance
of the storage shed, roof overhang, and patio encroachment
upon Grantor's utility easement. Grantees, their heirs and
assigns, agree that, should Grantor need to remove any of
these encroachments in order to construct or install public
utilities or repair existing utilities within the herein
described utility easement, such removal shall be at the sole
expense of Grantees, their heirs or assigns.
TO HAVE AND TO HOLD the above-described encroachment unto
the said Grantees, their heirs or assigns, until the use of
such utility easement shall be needed for public purposes or
the Grantor abandons said easement; in which event Grantees
shall pay Grantor the fair market value of the easement
adjacent to their property.
2
EXECUTED this day of June, 1993 .
City of Wic• . alls,
By: f.,,r,A1
Michael Lam, Mayor
Jeff Chappell Theresa Chappell
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 Lam, Mayor 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 June, 1993 .
Notary Public, State of Texas
3
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
Jeff Chappell, 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 June, 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
Theresa Chappell, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me
that she executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day
of June, 1993 .
Notary Public, State of Texas