Res 052-91 3/19/1991RESOLUTION NO. —97
RESOLUTION TO GRANT ENCROACHMENT UPON, OVER
AND ACROSS CITY OF WICHITA FALLS PROPERTY TO
WOOD FAMILY ENTERPRISES, INC.
WHEREAS, the City of Wichita Falls owns the old City
aqueduct that extends from Lake Wichita to the Jasper Street
Water Treatment Plant;
WHEREAS, Wood Family Enterprises, Inc. owns property
adjacent to the aqueduct on the north side of Southwest Parkway
and desires to use a portion of the aqueduct to install a
concrete approach to a parking lot in the rear of a convalescent
center; and,
WHEREAS, the Council has examined a proposed Encroachment
authorizing with Family Enterprises, Inc. to construct a concrete
approach and drive on the aqueduct.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WICHITA FALLS, TEXAS, THAT:
The attached Encroachment is hereby approved and the City
Manager is authorized to execute the same for the City of Wichita
Falls.
PASSED AND APPROVED this the 19th day o March, 199
M A Y O R
AO"
ATTEST:
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CITY CLER
ENCROACHMENT
THE 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 Wood Family Enterprises, Inc. , hereinafter
called Grantee, an encroachment upon, over and across Grantor' s
aqueduct situated in the County of Wichita, State of Texas, and
described as follows, to-wit:
A 0 . 210 acre of land out of John Scott Survey No. 7,
A-295, Wichita Falls, Wichita County, Texas, described
by metes and bounds as follows:
BEGINNING at the intersection of the North line of
Southwest Parkway with the East line of city aqueduct,
same being the Southwest corner of Lot 1, Block 11,
Sikes Lakeside Estates;
THENCE with the North line of Southwest Parkway North
80° 07 ' West 50. 87 feet to the Southeast corner of All
Saints Episcopal Church tract;
THENCE with the East line of church tract and West line
of city aqueduct tract, North 20° 28 ' East 53 . 0 feet;
THENCE South 69° 32 ' East 7. 0 feet to the beginning of
a curve to the left having a radius of 12. 0 feet and a
central angle of 90° ;
THENCE Northeasterly with curve for an arc length of
18 . 85 feet to end of curve;
THENCE North 20° 28 ' East 168.0 feet to the beginning
of a curve to the right having a radius of 58. 0 feet
and a central angle of 62° 15' ;
THENCE Easterly with said curve for an arc distance of
63 . 0 feet to the East line of city aqueduct tract and
West line of Lot 1, Block 11, Sikes Lakeside Estates;
THENCE South 20° 28 ' West 274.9 feet to the Place of
Beginning.
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This instrument shall be construed as conveying an
encroachment to Wood Family Enterprises, Inc. , its successors and
assigns, to construct a concrete approach and drive onto the
City' s aqueduct. Grantee shall save and hold harmless the
Grantor for any and all claims, actions, or liabilities
associated with Grantee' s maintenance of the approach and drive
upon Grantor' s aqueduct. Grantee, its successors and assigns,
agrees that, should Grantor need to remove all or part of the
approach or drive in order to install public utilities or any
other work within the herein described aqueduct, 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 aqueduct shall be needed for public purposes or the Grantor
abandons said aqueduct; in which event Grantee shall pay Grantor
the fair market value of the aqueduct adjacent to its property.
EXECUTED this day of 1991.
CITY OF WICHITA FALLS, WOOD FAMILY ENTERPRISES,
TEXAS INC.
By: By:
Michael Lam, Mayor Mike Wood
Title:
THE 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 Michael
Lam, Mayor 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 as the act of the said City of Wichita
Falls, a municipal corporation, for the purposes and
consideration therein expressed, and in the capacity therein
stated.
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GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1991.
Notary Public, State of Texas
THE 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 Mike
Wood, for Wood Family Enterprises, Inc. ,
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 Wood Family Enterprises, Inc. , for
the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1991.
Notary Public, State of Texas