Res 092-93 7/6/1993RESOLUTION NO. I,;4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS GRANTING AN ENCROACHMENT
UPON, OVER AND ACROSS CITY OF WICHITA FALLS
AQUEDUCT ADJACENT TO LOT 10, BLOCK 1, SIKES
ESTATE UNIT 1, SECTION G; 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 Jasper Street Water
Treatment Plant; and,
WHEREAS, Mark Cartwright owns property adjacent to the
aqueduct at Lot 10, Block 1, Sikes Estate Unit 1, Section G, and
desires to use a portion of the aqueduct to maintain a concrete
slab; and,
WHEREAS, the City Council examined the proposed
encroachment, authorizing Mark Cartwright 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 t ay of -'f
M A Y O
ATTEST:
City erk
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 Mark Cartwright,
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 10, Block 1, Sikes Estate, Unit 1, Section G,
Wichita Falls, Wichita County, Texas. To the rear
of said property, a concrete slab measuring 22 feet
by 24 and 3/4 feet.
This instrument shall be construed as conveying an
encroachment to Mark Cartwright, 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.
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EXECUTED this day of 1993 .
City of Wichita Falls, Texas
By:
Jim Berzina, City Manager
Mark Cartwright
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 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
Mark Cartwright, 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 1993 .
Notary Public, State of Texas