Res 056-91 4/2/1991RESOLUTION NO. ,W---,7
RESOLUTION TO GRANT CONDITIONAL ENCROACHMENT
UPON CITY OF WICHITA FALLS DRAINAGE EASEMENT
ON LOT 1, BLOCK 59, SECTION 7-D, FOUNTAIN
PARK ADDITION
WHEREAS, the City of Wichita Falls owns a 22.5 foot wide
drainage and utility easement within the northwest property line
of Lot 1, Block 59, Section 7-D, Fountain Park Addition;
WHEREAS, the owner of the property has constructed a small
retaining wall within the easement; and,
WHEREAS, the Council has examined the encroachment and
determined, at this time, it does not adversely affect drainage
or maintenance of the drainage facility.
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 2nd da - • ,, April, 199
1 /
M A O R
ATTEST:
J el .
CITY CLERK
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 and No/100
1. 00) Dollar and other good and valuable considerations to it,
in hand paid, hereby grants to William Byrd, hereinafter called
Grantee, an encroachment upon, over and across Grantor's utility
and drainage easement situated in the County of Wichita, State of
Texas, and described as follows, to-wit:
The encroachment on a 22 . 5' utility and
drainage easement located on Lot 1, Block 59,
Section 7-D, Fountain Park Addition, by the
placement of railroad ties and cribbing. The
area encroached upon is further identified in
the map attached hereto and incorporated
herein.
This instrument shall be construed as conveyingYg an
encroachment to William Byrd, his heirs and assigns, onto the
City's herein described utility and drainage easement. Grantee
shall save and hold harmless the Grantor for any and all claims,
actions, or liabilities associated with Grantee's maintenance of
the encroachment. Grantee, his heirs and assigns, agrees that,
should Grantor need to remove the railroad ties, cribbing or
other material placed on the easement to perform work within the
easement area, such removal shall be at the sole expense of
Grantee, his heirs or assigns.
TO HAVE AND TO HOLD the above described encroachment unto
the said Grantee, his heirs or assigns, until the use of such
easement shall be needed for public purposes or the Grantor
abandons said easement; in which event Grantee shall pay Grantor
the fair market value of the easement.
EXECUTED this day of 1991.
CITY OF WICHITA FALLS, TEXAS
By:
James Berzina, City Manager
William Byrd
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 William
Byrd, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
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 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 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1991.
Notary Public, State of Texas
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UTILITY & DRAINAGE
EASEMENT
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1/ 6.9' ENCROACHMENT
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RAILROAD TIES
7.8' ENCROACHMENT
22.6' UTILITY & DRAINAGE
EASEMENT
FOUNTAIN PARK
ENE
SECTION ' 7 - D R. 0 •
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LOT 1
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BLOCK X59 z • iz -s Cr
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EASEMENT
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ENCROACHMENT Ori W
3 MARCH 1991 O - 6 /Z
FIELD BOOK f 18 PAGE 47 ) 4 6105E84 Q/
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