Res 146-92 9/15/1992RESOLUTION NO. ///‘- y'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT WITH MARY R. AND TIMOTHY L. BOYD
ACROSS PORTIONS OF CERTAIN 15 FOOT UTILITY EASEMENT
LYING BETWEEN LOTS 18 & 19, BLOCK 13 , UNIVERSITY PARK,
SECTION B, WICHITA FALLS, TEXAS, FOR THE EXISTING
STRUCTURES AND PROPOSED CARPORT SITE 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 Mary R. and Timothy L.
Boyd acknowledging the existing utility easement encroachments and
proposed carport site location on Lot 18 and a portion of 19,
Block 13, University 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 Mary R. and Timothy L. Boyd of Wichita Falls to
obtain clear title to the property, and construct a carport as
approved by the Planning and Zoning Commission on August 12, 1992 .
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 15th ay of Septel. .r 1992 .
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M A Y 0 R
ATTEST:
City lerk
A
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
Mary R. Boyd and Timothy L. Boyd, hereinafter called
Grantee, an encroachment upon, over and across a
portion of certain easement in Lots 18 & 19, Block 13 ,
University 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 Mary R. and Timothy L. Boyd, its successors
and assigns, for the existing encroachments of the structures and
proposed carport site as approved by the Planning and Zoning
Commission on August 12, 1992, on Lots 18 & 18, Block 13 ,
University Park, Section B, Wichita Falls, Texas, upon the
Grantor's herein described 15 foot wide utility easement 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 utility
easement. Grantee, its successors and assigns, agree 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
I
4 .
herein described easements, 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
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 day of September, 1992 .
City of Wichita Falls, Texas
By:
James Berzina, City Manager
ATTEST:
City Clerk
Mary R. Boyd
Wichita Falls, Texas
By:
Mary R. Boyd
Timothy L. Boyd
Wichita Falls, Texas
By:
Timothy L. Boyd
5.
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 Mary R.Y P Y PP Y
Boyd, 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
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 Timothy
L. Boyd, 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
A Dart of. Lots 18 an' 19 of Block 13 of Univers,' - v Park Subdivision
Sectl.on B described .. ,, : BEGINNING in the South line of Lot 18, being
the north property line of Phillips Drive and 4 feet westerly from the
Southeast corner of said Lot 18: THENCE Westerly along said South line tf Lc
13 -:andLot 1,9 a distance of 90 feet to a point in the South line -
1 1 ' of Lot 19 and 4 'feet westerly from the Southeast .corner of same!
THENCE Northeasterly 62.1 feet to a point' 8 feet West of the West line of of
19: THENCE Northeasterly 31.8 feet to the Northeast corner of Lot 19 and the
Northwest corner of Lot 18: THENCE Easterly along the North line of Lot 18 a
distance of 59 ,feet to a point 6 feet Westerly from the Northeast corner of
said Lot 18: THENCE Southwesterly 117.7 -feet to the place of beginning.
EXHIBIT "B"
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Lot No.Pte//L, ./.13 1 /-/9 Block No. 3 ,
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Addition or Subdivision i1/2 1 1/e -1- /.7i
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Street Address 4 4 /u f17/`//1 s L)r/'yL.. Survey for TfL X a 4 Sc=7/2L ..E 72.'4/1.5 t
State of Texas
County of Wichita
Before me,the undersigned authority,a Notary Public in and for Wichita County,Texas,an this day personally appeared IL Ernest Lee,a Civil Engineer,
licensed by the State of Texas,known to me to be the person whoae name is.subscribed hereto,who being by ma duly sworn, deposes and says:That he has
made a survey of the above described tract or parcel of land situated in the City of Wichita Falls, Wichita County, Texas, as shown by the plat of record
of said tract in the Wichita County Deed Records: That all improvements on this property are located as shown on the above sketch and that no adjoiningimprovementsencroachthereon: That this property conforms to all the restrictions of th.Addition or Subdivision in whit it is located: That iron stakes
are set at all corners: flat these statements are true and correct.
Sworn to and subscribed before me this 2.- t•
the_ 4 day of ¢4ru a ry 19 6G R. Ernest,
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fir- No. 'Public 151 and for Wichita County,Texas