Res 170-92 11/17/1992r-
RESOLUTION NO. /
1/7 -42.1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT WITH DERRELL ALLSUP ACROSS
PORTIONS OF TENTH STREET RIGHT-OF-WAY LYING SOUTH OF
LOT 7, BLOCK 181, ORIGINAL TOWNSITE, WICHITA FALLS,
TEXAS, FOR THE EXISTING LOADING DOCK STRUCTURE LOCATED
IN SAID RIGHT-OF-WAY 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 Derrell
Allsup acknowledging the existing loading dock encroachment into
the Tenth Street right-of-way south of Lot 7, Block 181, Original
Townsite, 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 Derrell Allsup 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 t. - ,A uday of N500-00- , 1992 .
4iiiiii011
M A Y O R
ATTEST:
A--41-41?-/ (Y• ' Nte-Mteed----/
City Clerk
70 _2
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
Derrell Allsup, hereinafter called Grantee, an
encroachment upon, over and across the Tenth Street
right-of-way located south of Lot 7, Block 181,
Original Townsite, in the County of Wichita, State of
Texas, for the existing loading dock structure as
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 Derrell Allsup, its successors and assigns, for
the existing loading dock structure located in the Tenth Street
right-of-way south of Lot 7, Block 181, Original Townsite, in the
County of Wichita, State of Texas. Grantee shall save and hold
harmless the Grantor for any and all claims, actions, or
liabilities associated with Grantee' s maintenance of such
encroachment upon Grantor's street right-of way. Grantee, its
successors and assigns, agree that should Grantor need to remove
such encroachment 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
right-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
street right-of-way shall be needed for public purpose or the
Grantor abandons said street right-of-way, in which event Grantee
shall pay Grantor the fair market value of the street right-of-
way.
EXECUTED this 17th day of November, 1992 .
City of Wichita Falls, Texas
By:
James Berzina, City Manager
ATTEST:
City Clerk
Derrell Allsup
Wichita Falls, Texas
By:
Derrell Allsup
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 Derrell
Allsup, 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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