Res 127-92 8/18/1992RESOLUTION NO. g7--U--1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT WITH SUZANNE E. BRISCOE ACROSS
PORTIONS OF CERTAIN DRAINAGE & UTILITY EASEMENTS AND
BUILDING SETBACK LINE, IN LOT 6, BLOCK 10, COLONIAL
PARK, SECTION B, WICHITA FALLS, TEXAS, FOR THE EXISTING
STRUCTURES LOCATED ON THE LOT 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 Suzanne E.
Briscoe acknowledging the existing drainage & utility easement
and building setback line encroachments in Lot 6, Block 10,
Colonial Park, Section B, 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 Suzanne E. Briscoe 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 18th7 diy of August,—T 92 .
A
ATTEST:
94,„
City C erk
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
Suzanne E. Briscoe, hereinafter called Grantee, an
encroachment upon, over and across a portion of certain
drainage & utility easements and building setback lines
in Lot 6, Block 10, Colonial Park, Section B, 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 the Suzanne E. Briscoe, its successors and
assigns, for the existing encroachments of the structures on Lot
6, Block 10, Colonial Park, Section B, Wichita Falls, Texas, upon
the Grantor's herein described drainage & utility easements and
the building setback lines on the lot. Grantee shall save and
hold harmless the Grantor for any and all claims, actions, or
liabilities associated with Grantee's maintenance of such
encroachments upon Grantor's drainage & utility easements.
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 easements, such removal shall be at the sole expense of
Grantee, its successors or assigns.
2 .
TO HAVE AND TO HOLD the above-described encroachment unto
the said Grantee, its successors or assigns until the use of such
drainage & utility easement shall be needed for public purpose or
the Grantor abandons said easements, in which event Grantee shall
pay Grantor the fair market value of the easements.
EXECUTED this 18th day of August, 1992 .
City of Wichita Falls, Texas
By:
James Berzina, City Manager
ATTEST:
City Clerk
Suzanne E. Briscoe
Wichita Falls, Texas
By:
Suzanne E. Briscoe
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 Suzanne
E. Briscoe, 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
I
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CORLETT. PROBST & BOYD
CONSULTING KNGINmrs A. Probst, ,Jr
REGISTERED PU.LIC SURVEYORS
W1CNITA PALLS. 1UAA Rasl•t.r.i rabic Surv.j ar N. CO i G