Res 083-2002 8/6/2002J
RESOLUTION NO. 'R5—aLM,
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN ENCROACHMENT AGREEMENT WITH THE LAMAR BAPTIST
CHURCH FOR A PROPOSED CANOPY TO BE CONSTRUCTED IN THE
ELEVENTH STREET 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, representatives of the Lamar Baptist Church have requested an
encroachment agreement allowing the construction of a canopy within the Eleventh
Street right -of -way across an existing paved vehicle drop -off lane; and
WHEREAS, all utility companies and affected City departments have reviewed
this request and have agreed to the granting of this encroachment agreement; and
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 Lamar Baptist Church allowing the construction of a
canopy within the Eleventh Street right -of -way across an existing paved vehicle drop -off
lane; said encroachment agreement is 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 6th day of August 2002.
ATTEST:
City Clerk
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EXHIBIT "A"
ENCROACHMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF WICHITA §
KNOW ALL MEN BY THESE PRESENTS:
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, the receipt and sufficiency of
which are hereby acknowledged, hereby grants to the Trustees of The Lamar Baptist Church of Wichita
Falls (hereinafter collectively called "Grantee "), an encroachment upon, over and across a portion of the
Eleventh Street right -of -way adjacent to the Lamar Baptist Church, 1100 Harrison, Wichita Falls, Wichita
County, Texas, and shown on the attached property drawing labeled as "Attachment 1" and made a part
of this agreement.
This instrument shall be construed as conveying an encroachment to Grantee, and their
respective successors and assigns, for the purpose of constructing a canopy structure upon and across
the Grantor's herein described 11`h Street right -of -way subject to terms and conditions herein.
Grantees, their successors and assigns, as further consideration for the encroachment shall save
and hold harmless the Grantor and all other utility companies occupying the easement by permission of
the Grantor for any and all claims, damages, actions or liabilities associated with Grantor's ownership or
use of the property or Grantor's or other utility companies' maintenance, repair, and use of utility lines and
facilities installed in the Grantor's utility easement. Grantees, their successors and assigns, agree that
should Grantor, or other utility companies occupying the easement 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, all repairs or reconstruction of Grantee's improvements resulting from such removal or partial
removal shall be at the sole expense of Grantee, their successors or assigns.
The granting of this encroachment by the Grantor shall be subject to the following conditions:
1. That all construction related to the canopy shall be subject to a building permit.
2. That there shall not be placed any advertisement, logo, or any sign upon or attached to that
part of the canopy within the right -of -way.
3. That the construction of the awning and associated support locations shall be approved by
the Grantor.
TO HAVE AND TO HOLD the above - described encroachment unto the said Grantee, their
respective successors or assigns.
EXECUTED this day of '2002.
Attest:
City Clerk
By:
By:
City of Wichita Falls, Texas
James Berzina, City Manager
For Lamar Baptist Church
Aubrey Thacker
Building Renovation Chairman
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed before me on this day of 2002, by Jim
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 day of 2002, by, Aubrey
Thacker, Building Renovation Chairman, authorized representative of the Lamar Baptist Church of Wichita
Falls, on behalf of the Lamar Baptist Church,.
Notary Public, State of Texas
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Attachment 1
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Attachment 1
1005 Ninth St.— Suite 200
1Mchito F$, TX 76301
= Td. (940)761 -2404
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A NEW AWNING FOR:
LAMAR BAPTIST CHURCH
WCHITA FALLS. TEXAS
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E.p Oatr. 2/28/03