Res 051-2000 5/2/2000RESOLUTION NO. 5k -aWO
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT WITH THE HIGHLAND HEIGHTS
CHRISTIAN CHURCH FOR A PROPOSED DROP -OFF LANE AND
CANOPY TO BE CONSTRUCTED IN THE COYOTE BLVD. RIGHT -OF-
WAY; FINDING AND DETERMINING THAT THE MEETING AT WHICH
THIS RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS
REQUIRED BY LAW.
WHEREAS, the Highland Heights Christian Church has requested an encroach-
ment agreement for a proposed paved drop -off lane and canopy to be constructed
across a portion of Coyote Boulevard right -of -way;
WHEREAS, all utility companies and affected City departments have reviewed
this request and have recommended approval of an encroachment agreement; and
WHEREAS, the City Council of the City of Wichita Falls, Texas concurs with the
execution of the hereto attached encroachment agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to execute an
encroachment agreement with the Highland Heights Christian Church allowing the
construction of a paved drop -off lane and canopy within the Coyote Boulevard right -of-
way described in the encroachment agreement attached hereto as Exhibit "A" and
made a part hereof for all purposes.
SECTION 2. 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 2nd day of May 2000.
ATTEST:
a) ULU42
City Clerk
ENCROACHMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA §
THAT the City of Wichita Falls, 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 Highland Heights Christian Church, hereinafter called
Grantee, an encroachment upon, over and across a portion of Coyote Boulevard right -
of -way adjacent to Lot 10, Block 71A, Highland Addition, an addition to the City of
Wichita Falls, Wichita County, Texas, and shown on the attached property drawing
labeled as "Attachment 1," and hereby made a part of this agreement.
This instrument shall be construed as conveying an encroachment to Highland
Heights Christian Church, its successors and assigns, for the purpose of constructing a
private access loading space and canopy structure adjacent to Lot 10, Block 71A,
Highland Addition, an addition to the City of Wichita Falls, Texas, upon and across the
Grantor's herein described Coyote Boulevard right -of -way.
Grantee, its successors and assigns, as further consideration for the
encroachment, shall save and hold harmless the Grantor and all other utility companies
occupying the Coyote Boulevard right -of -way by permission of the Grantor for any and
all claims, damages, actions, or liabilities associated with Grantor's or other utility
companies' maintenance, repair, and use of utility lines and facilities installed in the
Grantor's Coyote Boulevard right -of -way. Grantee, its successors and assigns, agrees
that should Grantor, or other utility companies occupying the Coyote Boulevard right -of-
way by permission of Grantor, need to remove or partially 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 herein described street right -of -way,
such removal or partial removal shall be at the sole expense of Grantee, its successors
or assigns.
Grantee, its successors and assigns, further agrees to hold Grantor harmless for
any and all claims, damages, actions or liabilities associated with Grantee's use of the
encroachment area hereby authorized.
TO HAVE AND TO HOLD the above - described encroachments 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 right -of -way, in which event
Grantee shall pay Grantor the fair market value of the right -of -way.
EXECUTED this day of
Attest:
Lydia Torres, City Clerk
in
Title:
, 2000.
City of Wichita Falls, Texas
James Berzina, City Manager
Highland Heights Christian Church
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed before me on this day of
, 2000, by James Berzina, City Manager for the City of Wichita Falls,
a municipal corporation, on behalf of said city.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed before me on this
, 2000, by ,
for the Highland Heights Christian Church, on behalf of said church.
Notary Public, State of Texas
AFTER RECORDING, PLEASE RETURN TO:
PROPERTY MANAGEMENT DIVISION
P. O. Box 1431
WICHITA FALLS, TEXAS 76307
day of
Attachment 1
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