Res 143-91 9/3/1991RESOLUTION NO. /i/, —f/7
RESOLUTION OF THE CITY OF WICHITA FALLS
AUTHORIZING THE ENCROACHMENT INTO A UTILITY
EASEMENT AT THE REAR OF LOT 30, REPLAT OF
PART OF BLOCK 7, MCKENZIE SUBDIVISION IN THE
CITY OF WICHITA FALLS, TEXAS; AND 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, THAT:
The Mayor be and is hereby authorized to execute an
encroachment to Kathy V. McKinley, authorizing the encroachment
upon a seven and one-half ( 71 ) foot utility easement at the rear
of Lot 30 of a replat of part of Block 7, McKenzie Subdivision in
the City of Wichita Falls, for the purpose of maintaining a
storage shed in accordance with the terms and conditions of the
encroachment document, the same made a part hereof for all
purposes.
It is hereby officially found and determined that the
meeting at which this resolution is passed is open to the public
as required by law, and that public notice of the time, place,
and purpose of said meeting was given as required.
PASSED AND APPROVED this the 3rd day of September, 1991.
M A Y O
ATTEST:
Jalyt-4/4,21(_;Zirtitia%//
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 ( $1 . 00)
Dollar and other good and valuable considerations to it, in hand
paid, hereby grants to Kathy V. McKinley, her heirs, successors
and assigns, a four ( 4 ) foot encroachment upon, over and across
Grantor' s utility easement situated in the County of Wichita,
State of Texas, and described as follows, to-wit:
The encroachment of a storage shed by four
feet on a seven and one-half foot wide
utility easement located at the rear of the
property of Lot 30, replat of a part of Block
7, McKenzie Subdivision of the City of
Wichita Falls, Texas.
This instrument shall be construed as conveying an
encroachment to Kathy V. McKinley, her heirs and assigns, to
construct a storage shed four feet onto the City' s herein
described utility easement. Grantee shall save and hold harmless
the Grantor for any and all claims, actions, or liabilities
associated with Grantee ' s maintenance of the storage shed upon
Grantor ' s utility easement. Grantee, her heirs and assigns,
agrees that, should Grantor need to remove the storage shed in
order to construct or install public utilities or repair existing
utilities within the herein described utility easement, such
removal shall be at the sole expense of Grantee, her heirs or
assigns.
TO HAVE AND TO HOLD the above described encroachment unto
the said Grantee, her heirs or assigns, until the use of such
utility 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 adjacent to her
property.
2
EXECUTED this day of September, 1991 .
CITY OF WICHITA FALLS, TEXAS
By:
Michael Lam, Mayor
Kathy V. McKinley
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 for the said City of Wichita Falls,
Texas, a municipal corporation, for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
September, 1991.
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 Kathy V.
McKinley, known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that she
executed the same for the purposes and consideration therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
September, 1991 .
Notary Public, State of Texas