Res 042-92 3/17/19921
RESOLUTION NO. 10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS AUTHORIZING THE CITY MANAGER
TO EXECUTE AN ENCROACHMENT TO COCA-COLA
BOTTLING COMPANY.
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 the Coca-
Cola Bottling Company to encroach upon a portion of the right-of-
way of Travis Street and 15th Street, in accordance with the
encroachment document, the same attached hereto and 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 is open to
the public as required by law.
PASSED AND APPROVED this the 17th day of March, 1992 .
M A Y O
ATTEST:
City lerk
Page of Pages
Agenda Item No.
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 the Coca-Cola Bottling Company,
hereinafter called Grantee, an encroachment of 24 square feet
upon, over and across a part of the Travis Street right-of-way
situated in the County of Wichita, State of Texas, and described
as follows, to-wit:
BEGINNING at an "X" at the intersection of the East
right-of-way line of Travis Street and the South right-
of-way line of 15th Street; said "X" also being the
Northwest corner of Lot 1A, Block 226, Original
Townsite, an addition to said City of Wichita Falls;
THENCE along said East right-of-way line of Travis
Street South 34° 00 ' 00" East 141. 77 feet to the Place
of Beginning of this description;
THENCE continuing along said East right-of-way line of
travis Street, South 34° 00 ' 00" East 11. 86 feet;
THENCE leaving said East right-of-way, North 55° 13 '
28" West 11. 05 feet to a point for an ell corner;
THENCE North 34° 46 ' 32" East 4. 29 feet to the Place of
Beginning and containing 24 square feet, more or less.
This instrument shall be construed as conveying an
encroachment to the Coca-Cola Bottling Company, its successors
and assigns, to construct a fence upon the Grantor' s herein
described right-of-way. Grantee shall save and hold harmless the
Grantor for any and all claims, actions, or liabilities
2 .
associated with Grantee ' s maintenance of the fence upon Grantor' s
right-of-way. Grantee, its successors and assigns, agrees that
should Grantor need to remove the fence in order to construct or
install public utilities or repair existing utilities, or perform
other work for a public purpose, within the herein described
right-of-way, such removal shall be at the sole expense of
Grantee, its successors or assigns.
TO HAVE AND TO HOLD the above-described encroachment unto
the said Grantee, its successors or assigns until the use of such
right-of-way shall be needed for public purpose or the Grantor
abandons said right-of-way, in which event Grantee shall pay
Grantor the fair market value of the right-of-way adjacent to its
property.
EXECUTED this day of 1992.
City of Wichita Falls, Texas
By:
James Berzina, City Manager
ATTEST:
City Clerk
Coca-Cola Bottling Company
By:
Title:
r
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 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
1992 .
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
for
the Coca-Cola Bottling Company, 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 Coca-
Cola Bottling Company, 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
1992.
Notary Public, State of Texas