Res 061-92 4/7/1992RESOLUTION NO. 6 -”,2,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS AUTHORIZING THE CITY MANAGER
TO EXECUTED AN ENCROACHMENT TO JOE PISTOCCO
AUTO SERVICE.
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 Joe Pistocco Auto Service to
encroach upon a portion of the right-of-way of Austin 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 7th day of April, 1992.
I
KA,
MA O R
ATTEST:
j--/-1112 A-4( 'Like-Mild__
CITY CLERK
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Agenda Item No._______
i
r
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 Joe Pistocco Auto Service, hereinafter
called Grantee, an encroachment upon, over and across Grantor' s
right-of-way situated in the County of Wichita, State of Texas,
and described as follows, to-wit:
The encroachment of a sign on the Austin Street right-
of-way, such encroachment being further identified in
Exhibit "A" attached hereto and incorporated herein.
This instrument shall be construed as conveying an encroachment
to Joe Pistocco Auto Service, its successors and assigns, to
construct a sign 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 associated with Grantee' s
maintenance of the sign upon Grantor' s right-of-way. Grantee
further agrees to save and hold harmless the Grantor for any and
all damages to Grantee's sign which may result from a break,
injury, or repair of Grantor's water main located near or below
the encroachment. Grantee, its successors and assigns, agrees
that should Grantor need to remove the sign in order to
construct, repair or install public utilities within the
described right-of-way, such removal shall be at the sole expense
Page of Pages
Agenda Item No.
2.
of Grantee, its successors or assigns. Grantee further agrees to
coordinate the construction or placement of the sign with
Grantor' s Water and Sewer Department and Lone Star Gas Company
before erecting the sign.
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
Joe Pistocco Auto Service
By:
Joe Pistocco
Title:
Page of Pages 1
Agenda Item Igo. — I
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 Joe
Pistocco,of Joe Pistocco Auto
Service, 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 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
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Agenda Item No.._,._.-..F-
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