Res 084-92 5/19/1992f
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RESOLUTION NO. IS— foll
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT WITH THE WICHITA COUNTY HERITAGE
SOCIETY ACROSS A PORTION OF EIGHTH AND NINTH STREETS
FOR THE INSTALLATION OF RAILROAD TRACKS AND FENCING 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.
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 Wichita
County Heritage Society authorizing the installation of fencing
and railroad tracks across a portion of Eighth and Ninth Streets,
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 the Wichita County Heritage Society to
relocate vintage rail rolling stock and secure the same for the
Wichita Falls Railroad Museum.
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 the 19th day of May, 1992.
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M A Y O R
ATTEST:
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City C erk
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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 Wichita County Heritage Society,
hereinafter called Grantee, an encroachment upon, over and across
a portion of the Eighth and Ninth Street rights-of-way situated
in the County of Wichita, State of Texas, and described as
follows, to-wit:
EIGHTH STREET
BEGINNING at the Northeast corner of Lot 1, Block 177,
Original Townsite of Wichita Falls, the most
southeasterly corner of the herein described parcel and
the Place of Beginning of this description; said point
being further identified as lying in the West right-of-
way line of Michigan Avenue as originally platted;
THENCE South 50° 17 ' 44" West along the South right-of-
way line of Eighth Street and the North line of the
aforementioned Lot 1 a distance of 80. 0 feet to a
point;
THENCE leaving the South right-of-way line of Eighth
Street, North 39° 42 ' 16" West a distance of 25. 0 feet
to a point in Eighth Street; Thence North 50° 17 ' 44"
East a distance of 40. 0 feet to a point in Eighth
Street;
THENCE North 39° 42 ' 16" West a distance of 55. 0 feet
to a point in the North right-of-way line of Eighth
Street and the South line of Lot 7, Block 162, Original
Townsite of Wichita Falls;
if 2 .
THENCE North 50° 17 ' 44" East along the North right-of-
way line of Eighth Street and the South line of the
aforementioned Lot 7 a distance of 40. 0 feet to a point
in the West line of Michigan Avenue as originally
platted;
THENCE South 39° 42 ' 16" East along the West right-of-
way line of Michigan Avenue as originally platted a
distance of 80. 0 feet to the Place of Beginning,
containing 4,200. 00 square feet, more or less.
NINTH STREET
BEGINNING at the Northeast corner of Lot 1, Block 181,
Original Townsite of Wichita Falls, the most
southeasterly corner of the herein described parcel and
the Place of Beginning of this description; said point
being further identified as lying in the West right-of-
way line of Michigan Avenue as originally platted;
THENCE South 50° 17 ' 44" West along the South right-of-
way line of Ninth Street and the North line of the
aforementioned Lot 1 a distance of 80. 0 feet to a
point;
THENCE North 39° 42 ' 16" West a distance of 80. 0 feet
to a point in the North right-of-way line of Ninth
Street and the South line of Lot 7, Block 177 of the
Original Townsite of Wichita Falls;
THENCE North 50° 17 ' 44" East along the North right-of-
way line of Ninth Street and the South line of the
aforementioned Lot 7 a distance of 80.0 feet to a point
in the West line of Michigan Avenue as originally
platted;
THENCE South 39° 42 ' 16" East along the West line of
Michigan Avenue as originally platted a distance of
80 . 0 feet to the Place of Beginning, containing 6,400.0
square feet, more or less.
This instrument shall be construed as conveying an
encroachment to the Wichita County Heritage Society, its
successors and assigns, to construct a fence and install railroad
tracks upon the Grantor' s herein described rights-of-way.
Grantee shall save and hold harmless the Grantor for any and all
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claims, actions, or liabilities associated with Grantee's
installation and maintenance of the fence and railroad tracks
upon Grantor' s rights-of-way. Grantee, its successors and
assigns, agrees that should Grantor need to remove the fence
and/or tracks in order to construct or install public utilities
or repair existing utilities, or perform other work for a public
purpose, within the herein described rights-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 rights-of-way, in which event Grantee shall pay
Grantor the fair market value of the rights-of-way adjacent to
its property.
EXECUTED this day of 1992.
City of Wichita Falls, Texas
By:
James Berzina, City Manager
ATTEST:
City Clerk
Wichita County Heritage Society
By:
Title:
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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 Wichita County Heritage Society, 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