Res 096-92 6/2/1992r
RESOLUTION NO. 9.6— Vat/
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT WITH BONNET RESOURCES CORP. , A
BANC ONE CO. , SUCCESSOR OF THE FIRST NATIONAL BANK OF
WICHITA FALLS, TEXAS ACROSS A PORTION OF THE ALLEY IN
BLOCK 164 , ORIGINAL TOWNSITE, AND INDIANA AVENUE
ABUTTING SAID BLOCK, FOR THE EXISTING STRUCTURES
LOCATED ON LOTS 1-A & 4-A, BLOCK 164 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 Bonnet
Resources Corp. , a Banc One Co. , successor of the First National
Bank of Wichita Falls, Texas acknowledging the existing alley and
street rights-of-way encroachments in Block 164, Original
Townsite, and Indiana Avenue abutting such block, the same
described in the encroachment agreement attached hereto as
Exhibit "Arr and made a part hereof for all purposes.
SECTION 2 . That the encroachment agreement hereby
authorized is to enable Bonnet Resources Corp. , a Banc One Co. ,
successor of the First National Bank of Wichita Falls 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 the 2nd-4Wy of June, ,22 .
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ATTEST:
City Cl rk
EXHIBIT "A"
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 Bonnet Resources Corp. , a Banc One
Co. , successor of the First National Bank of Wichita Falls,
Texas, hereinafter called Grantee, an encroachment upon, over and
across a portion of the alley in Block 164 , Original Townsite,
Wichita Falls, Texas, and portions of Indiana Avenue right-of-way
abutting said block situated in the County of Wichita, State of
Texas, and described as follows, to-wit:
INDIANA AVENUE
Portions of Indiana Avenue right-of-way not exceeding
0. 32 feet in width, as shown in Details "A" & "B" on
the attached map.
ALLEY
Portions of the alley in Block 164 , Original Townsite,
not exceeding 0. 34 feet in width, as shown in Detail
D" on the attached map.
This instrument shall be construed as conveying an
encroachment to the Bonnet Resources Corp. , a Banc One Co. ,
successor of the First National Bank of Wichita Falls, Texas, its
successors and assigns, for the existing encroachments of the
structures on Lot 1-A and Lot 4-A, Block 164, Original Townsite,
upon the Grantor's herein described rights-of-way. Grantee shall
3 .
save and hold harmless the Grantor for any and all claims,
actions, or liabilities associated with Grantee' s maintenance of
a structure upon Grantor' s rights-of-way. Grantee, its
successors and assigns, agrees that should 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
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
Bonnet Resources Corp. , a Banc One Co. ,
successor of the First National Bank of
Wichita Falls, Texas
4 .
By:
Title:
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 Bonnet Resources Corp. , a Banc One Co. , successor of the
First National Bank of Wichita Falls, Texas, 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 Bonnet Resources Corp. , a Banc One Co. , successor of the
First National Bank 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
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