Res 148-93 10/5/1993RESOLUTION NO. \ L4 , C
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT WITH MERLIN E. RIDDLE AND NAOMA RIDDLE
ACROSS PORTIONS OF A CERTAIN 7 . 5 FOOT UTILITY EASEMENT LYING
ON LOT 9, BLOCK 4, EDGECLIFF ESTATES, (1717 DOWNHILL DRIVE) ,
WICHITA FALLS, TEXAS, FOR THE HOUSE, AIR CONDITIONER, AND
STORAGE BUILDINGS 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.
NOW, THEREFORE, 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 Merlin E. Riddle and Naoma
Riddle acknowledging the existing utility easement encroachment on Lot
9, Block 4 , Edgecliff Estates,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 Merlin E. Riddle and Naoma Riddle 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 - 7th da - • •.- , 19 '3 .
M A Y 0 R
ATTEST:
dt044)
City Llerk
EXHIBIT "A"
ENCROACHMENT
STATE OF TEXAS
KNOW ALL S :
COUNTY OF WICHITA ) (
THAT the City of Wichita Falls, Wichita County, Texas,
hereinafter called Grantor, in consideration of One Dollar
1 . 00) and other good and valuable considerations to it in
hand paid, hereby grants to Merlin E. Riddle and Naoma
Riddle, hereinafter called Grantees, an encroachment upon,
over and across a portion of certain 7 . 5-foot utility
easement in Lot 9, Block 4 , Edgecliff Estates, 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
Merlin E. Riddle and Naoma Riddle, their successors and assigns, for
the existing residence, storage buildings and air conditioner all
located on Lot 9, Block 4, Edgecliff Estates, Wichita Falls, Texas, and
upon the Grantor' s herein described 7 . 5 foot wide utility easement .
Grantees, their successors and assigns, 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 Grantor' s or other utility companies' maintenance and
use utility lines and facilities installed in the Grantor' s utility
easement . Grantees, their successors and assigns, agree that should
Grantor, or other utility companies 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, their successors or assigns .
TO HAVE AND TO HOLD the above-described encroachment unto the said
Grantees, their 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 Grantees 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
Merlin E. Riddle
Naoma Riddle
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 Merlin E. Riddle,
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 Naoma Riddle, 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
s
0 04,
o A
o m 0
0-
a Q+
0 Q 1pi
N e t
o c,
oN
0 20'00' W 57.63
KE-1/1
W rU , ,- 7.5' UTIL. E&(T. LINE
C
kr) o? l
r0
CAC.z
rTI ~ Oti 1,
POOL.tn0 a '
o a2 pt
r \ Z '-1 Q' '
mow 2 1
e"
mti za 1 ti
leC) ".
o rn m 11co1\3
n n 11 a' '\:
7:,w o 11
n m
z. I L _ 1
Z3 Z
3 11
I
1::':-'1,:::
h zv, - - - - J1_
1 0 1 I COVERED PATIO
r: z
O
5.0'-.6
8.5'
12.5
I —.---•...
4.‘ E
I *N w 2 2.2'
BRICK RES. o
10' 5.8'("1
m 26.9' _ rtl
4.. t y. 117 E51-11.
V r 19.5' , O
T25• B.L.L_4----
o .a
it,
I . I o ..
t.
Z-1• I 0/ii I
ti
9 I I I aIU) 2 0 c r-b yS 0 27'39' E 39.84
m > 17 r rrox <
in x z m i,o
m -< c mpcoO
7J p.z.0
I
do
1717 DOWNHILL DRIVE o
I I I
CO • • •
O 0 0 O
CO CD 0 H
nco
SH
Do m
I
Z ---1 0 EXHIBIT 11B11
D ° o > m
CD z C)
D 0 m Dr i—
G r-