Res 077-2009 6/2/2009 ' ' .
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RESOLUTION NO. �I`I a��9
Resolution Authorizing The City Manager To Execute Two
Encroachment Agreements With Gary Mehan To Provide For Gary
Mehan's Sign To Encroach On City Right-Of-Way And To Provide For
A City Sidewalk To Encroach On Gary Mehan's Property At 3127
Lawrence Road
WHEREAS, cross-encroachments have been identified at 3127 Lawrence Road,
wherein a private property owner is encroaching on City property and the City's
sidewalk is encroaching on said private property owner's property; and
WHEREAS, both parties affected by the encroachments have agreed to allow the
encroachments to remain without financial reimbursement; and
WHEREAS, the City Council finds it in the best interest of the public to allow the
encroachments to remain as they currently exist.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute the attached Encroachment
Agreements.
PASSED AND APPROVED this the 2" day of June, 2009.
MAYOR
ATTEST:
� ,
' 't�� Clerk
1 r �
Encroachment Agreement
Gary Mehan DBA G.M. Properties, hereby authorizes The City of Wichita Falls, Texas,
(hereinafter called "Encroacher"), and its successor owners and assigns to retain a 61.0 square
foot tract of land (hereinafter known as the "encroachment") found at the existing East right-of-
way line of Lawrence Road as conveyed to the City of Wichita Falls by Eminent Domain, out of
Lot 1, Block 8, Burlington Callfield Industrial District, an addition to the City of Wichita Falls,
Wichita County, Texas, more commonly known as 3127 Lawrence Road, Wichita Falls, Texas
as described in the following field notes, subject to the City's right to damage said
encroachment in operations related to the right-of-way, utilities, and/or easement.
TRACT 1
CITY SIDEWALK ENCROACHMENT
INTO GARY MEHAN PROPERTY
@ LAWRENCE ROAD
BEING A 61.0 SQUARE FOOT TRACT OF LAND OUT OF A 0.29 ACRE
PARCEL AS RECORDED IN VOLUME 1807, PAGE 495 OF THE WICHITA
COUNTY DEED RECORDS AND BEING MORE SPECIFICALLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
BEGINNING AT A"X" IN CONCRETE FOUND AT THE INTERSECTION OF
THE EXISTING EAST RIGHT-OF-WAY LINE OF LAWRENCE ROAD AS
CONVEYED TO THE CITY OF WICHITA FALLS BY EMINENT DOMAIN,
CAUSE NO. C-307-A, DATED FEBRUARY 21, 2008, AND THE SOUTH
PROPERTY LINE OF SAID 0.29 ACRE PARCEL OF LAND AS RECORDED
IN VOLUME 1807, PAGE 495, OFFICIAL PUBLIC RECORDS WICHITA
COUNTY; SAID "X" IN CONCRETE BEING SOUTH 89°56'02" EAST 15.00
FEET FROM THE RECORDED SOUTHWEST CORNER OF SAID 0.29
ACRE PARCEL OF LAND;
THENCE NORTH 00°43'45" EAST 25.67 FEET ALONG SAID EAST RIGHT-
OF-WAY LINE TO THE TRUE PLACE OF BEGINNING;
THENCE NORTH 00°43'45" EAST 7.25 FEET CONTINUING ALONG SAID
EAST RIGHT-OF-WAY LINE TO A POINT;
THENCE SOUTH 76°52'58" EAST 7.50 FEET LEAVING SAID EAST RtGHT-
OF-WAY LINE TO A POINT;
THENCE SOUTH 00°43'45" WEST 8.07 FEET TO A POINT;
THENCE NORTH 89°16'15" WEST 4.92 FEET TO A POINT;
THENCE NORTH 00°43'45" EAST 1.30 FEET TO A POINT;
THENCE NORTH 63°57'49" WEST 2.66 FEET TO THE TRUE PLACE OF
BEGINNING AND CONTAINING 61.0 SQUARE FEET, MORE OR LESS.
As partial consideration for this encroachment, Encroacher enters into a"Sign Encroachment
Agreement" with Gary Mehan DBA G.M. Properties executed contemporaneously with the
"Sidewalk Encroachment Agreement". Gary Mehan DBA G.M. Properties and Encroacher,
Encroacher's successors and assigns may terminate this agreement at any time by written
agreement signed by the parties
EXECUTED this day of , 2009.
Gary Mehan, Encroacher
DBA G.M. Properties City of Wichita Falls
Gary Mehan Darron J. Leiker, City Manager
(seal)
ATTEST:
Lydia Ozuna, City Clerk
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed and acknowledged before me on this day of
, 2009, by Gary Mehan DBA G.M. Properties .
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed and acknowledged before me on this day of
, 2009, by Darron J. Leiker, City Manager for the City of Wichita Falls, on
behalf of said city.
Notary Public, State of Texas
After Recording Return To:
Property Management Division
City of Wichita Falls
PO Box 1431
Wichita Falls, TX 76307
.
Encroachment Agreement
The City of Wichita Falls, Texas, (hereinafter called "City") hereby authorizes Gary Mehan DBA
G.M. Properties, (hereinafter called "Encroacher"), and its successor owners and assigns of Lot
1, Block 8, Burlington Callfield Industrial District, an addition to the City of Wichita Falls, Wichita
County, Texas, to retain a 4.0 square foot tract of land (hereinafter known as the
"encroachment") lying in the existing right-of-way of Lawrence Road, more commonly known as
3127 Lawrence Road, Wichita Falls, Texas as described in the following field notes, subject to
the City's right to damage said encroachment in operations related to the right-of-way, utilities,
and/or easement.
TRACTII
GARY MEHAN PROPERTY
SIGN ENCROACHMENT INTO LAWRENCE ROAD R.O.W.
BEING A 4.0 SQUARE FOOT TRACT OF LAND LYING IN THE EXISTING
RIGHT-OF-WAY OF LAWRENCE ROAD AS CONVEYED TO THE CITY OF
WICHITA FALLS BY EMINENT DOMAIN, CAUSE NO. C-307-A, DATED
FEBRUARY 21, 2008, AND LYING WEST OF LOT 1, BLOCK 8,
BURLINGTON CALL FIELD INDUSTRIAL DISTRICT AS RECORDED IN
VOLUME 11, PAGE 11, OFFICIAL PLAT RECORDS WICHITA COUNTY,
WICHITA FALLS, TEXAS, AND BEING MORE SPECIFICALLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS;
BEGINNING AT A"X" IN CONCRETE FOUND AT THE INTERSECTION OF
THE EXISTING EAST RIGHT-OF-WAY LINE OF LAWRENCE ROAD AND
THE SOUTH PROPERTY LINE OF A 0.29 ACRE PARCEL OF LAND AS
RECORDED IN VOLUME 1807, PAGE 495, OFFICIAL PUBLIC RECORDS
WICHITA COUNTY; SAID "X" IN CONCRETE BEING SOUTH 89°56'02" EAST
15.00 FEET FROM THE RECORDED SOUTHWEST CORNER OF SAID 0.29
ACRE PARCEL OF LAND;
THENCE NORTH 00°43'45" EAST 186.43 FEET ALONG SAID EAST RIGHT-
OF-WAY LINE TO THE TRUE PLACE OF BEGINNING;
THENCE NORTH 89°16'15" WEST 2.00 FEET LEAVING SAID EAST RIGHT-
OF-WAY LINE TO A POINT;
THENCE NORTH 00°43'45" EAST 2.00 FEET TO A POINT;
THENCE SOUTH 89°16'15" EAST 2.00 FEET TO A POINT ON THE SAID
EAST RIGHT-OF-WAY LINE;
THENCE SOUTH 00°43'45" WEST 2.00 FEET ALONG SAID EAST RIGHT-
OF-WAY LINE TO THE TRUE PLACE OF BEGINNING AND CONTAINING 4.0
SQUARE FEET, MORE OR LESS.
As partial consideration for this encroachment, Encroacher enters into a"Sidewalk
Encroachment Agreement" with the City executed contemporaneously with the "Sign
Encroachment AgreemenY'. The City and Encroacher, Encroacher's successors and assigns
may terminate this agreement at any time by written agreement signed by the parties
EXECUTED this day of , 2009.
City of Wichita Falls Gary Mehan
DBA G.M. Properties
Darron J. Leiker, City Manager
(seal)
ATTEST:
Lydia Ozuna, City Clerk
Acknowledgment
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed and acknowledged before me on this day of
, 2009, by Darron J. Leiker, City Manager for the City of Wichita Falls, on
behalf of said city.
Notary Public, State of Texas
Acknowledgment
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed and acknowledged before me on this day of
, 2009, by Gary Mehan DBA G.M. Properties .
Notary Public, State of Texas
After Recording Return To:
Property Management Division
City of Wichita Falls
PO Box 1431
Wichita Falls, TX 76307
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Erecraachmeni Agreement
Gary i�fehan DBA G.M. Properties, hereby authorizes The City of Wrchita Falls, Texas, (hereinafRer called
"Encroacher"), and its successor owners and assigns to retain a 63.Q square foot tract of land {ftereinafter
known as the �`encroachmenY'} found at the existing East right-of-way line of Larvrence Road as conveyed
to the City of V4'ichtia Falls by Eminent Domain, out of Lot 1, Block S, Burtingtfln Callfield Industrial
District, an addition to the City of Wichita Falls, �Vichita County, Texas, more comrnonly known as 3]27
Lawrence Road, Wichita Falls, Texas as described in the foIlowing feld notes, subject to the City's ribht to
damage said encroachment in operations related t� the right-of-way, utilities, and/or easement.
TRACT 1
CITY SIDEWALK ENCROACHMENT
INTO GARY MEHAN PROPERTY
� LA�'RENCE ROAD
BE[NG A b].0 SQUARE FOOT TRACT OF LAND OUT OF A 0,29 ACRE
PARCEL AS RECORDED IN VOLU�IE 1807, PAGE 495 OF THE WICHITA
COUNTY DEED RECpRDS AND BEING MORE SPECIFICALLY DESCR[BED
BY METES AND BOUNDS AS �'OLLOWS;
BEGINNING AT A"X" IN CONCRETB FOUVD AT THE INTERSECTIQN OF
THE EXISTING EAST RIGHT-OF-WAY LiNE OF LA1�'RENCE ROAD AS
CONVEYED TO THE CITY OF WTCHITA FALLS BY EMINENT DOM.4IN,
CAUSE NO. C-307-A, DATED FEBRUARY 2t, 2008 AND TI3E SOUTH
PROPERTY L1NE OF SAID 4.29 ACRE PARCEL OF LAND AS RECORDED IN
VOLUME 1$07, P.�1GE 495,OFFICIAL PUBLIC RECORDS VVICHITA COUNTY;
SAID "X" IN CONCRE7E BEING SOUTH S9°56'42" EAST 15.d0 FEET FRO�YI
THb RECORDED SOUTHWEST CORNBR OF SAID 0.29 ACRE PARCEL OF
LAND;
THENCE NORTH 00 EAST 25.67 FEET ALQNG SAID EAST RIGHT-OF-
WAY LI\iE TO THE TRUE PL.ACE OF BEGTNNING;
THENCE I�ORTH 00°43'45" EAST 7.25 FEET CONTINUING ALONG SAID
EAST RIGHT-OF-WAY LINE TO A POINT; '
THENCE SOU'I'H 76°52'�8" EAST 7.�0 FEET LEAVING SaID EAST RTGHT-
OF-WAY LINE TO A POINT;
THENCE SOUTH �0°43'45" �VEST 8.07 FEET TO A PQNT;
THBNCE NORTH 89° ] 6' 15" WEST 4.92 FEET TO A POINT;
THENCE NORTH 00°43'45" EAST ].30 FEET TO A POINT;
THENCE NORTH 63''S7'49" �VEST 2.66 FEET TO THE TRUE PLACE OF
" BEG[NNIVG AND COl�'TAINING blA SQUARE FEET, VIORE OR LESS.
As partial cansideration for this encr�achrnent, Encroacher enters into a"Sign Encroachment Agreement"
with Gary Mehan DBA G.M. Properties executed contemporaneously with the "Sidewalk Encroachment
Agreement". Gary Mehan DBA G.M. Properties and Encroacher, Encroacher's successors and assigns may
terminate this agreement at any rime by written agreement signed by the parties
Mey �"LU Uy UtS:4"18 Legal y4u-ro i-�o�o p.4
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EXECUTED this ��day of I�A�{ , 2009.
Gary Meh i, + nacher
DB G rope e C' of Wic tia Falls
�
G• M Darron J. Leiker, �ty anager
(seal)
A ST•
�
ydia na, �t�� Clerk
. Acknowledgment
STATE OF :�EX.4S : . ; , §
COUNTY OF�'F�HITA.;.§ ��/
lfiis inst�inen� �ua� e�ecuted at7d acknowledged before me on this,� day of //�-
2Q09 b�,:Gary I�Ieliac� pBtk G V1 •�Pro.perties ,
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C� i `�� ._ ' ,���^��, RF���GA ARlNSTRONG
Nota�Public,`�tat�,ofTexas '� � �' �6��a�F?YPU�LIC
� � � - � S��T�' OF TEXAS
� ' �` �''� � �' t�y Comrn. Ezta. 0-05-2011
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_ Acl:nowledgment
STATE OF TEXAS' - §
COUNTY OF WICI3I7"A §
This insirument was eaecuted and acknowledged before me on this ` of 1�Y1.D�
2009, by Darron J. Le�7cer, City Manager for the Gity of Wichita Falls, on beha)f of said '�.
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Notary Public, State of Te:cas N��l P1�NC. � 0/Tl7f#� �
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Afier Recording Retum To:
Property Management Division
Citv of Wichita Falls
PO Box 1431
Wichita Falls, TX 7630?
M ay'20 09 08:41a Legal 940-761-7626 p.5
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Encroachment Agreement
The City of Wichita Fa[ls, Texas, (hereinafter called "CiTy") hereby authorizes Gary Mehan DBA G.M.
Properties, (hereinafter calied "Bncroachec"}, and its successor owners and assigns of Lot I, Block 8,
Burlington Callfield Industrial District, an addition to the City of Wichita Fa11s, Wichita Counry, Texas, to
retain a 4.0 square foot tract of land (hereinafter known as the "encroachment") lying in the existiog right-
of-way of Lawrence Road, more commonly known as 3127 Lawrence Road, Wichita Falls, Texas as
described in the following field notes, subject to the City's right to damage said encroachment in operations
related to the rijht-of-way, utilities, and/or easement.
TRACT II
GARY MEHAN PROPERTY
SIGN ENCROACHMENT
INTO LAWRENCE ROAD 1t.O,W.
BE[NG A 4.0 SQUARE F�OT TR.ACT OF LAND LYING IN THE EXISTING
RIGHT-OF-VvAY OF LAt�'RENCE ROAD .AS C4NVEYED TO THE C1TY OF
WICHITA FALLS BY EMINENT DOMAI�I, CAUSE N0. C-3�7-A. DATED
FEBRUARY 21, 2008, AND LYING WEST OF LOT l, BLQCK 8,
BURLINGTON CALL FIELD INDUSTRIAL DISTRICT AS RECORDED iN
VOLUME ]], PAGE Il, OFFICIAL PLAT RECORDS 1�'ICHITA COLINTY, �
WICHITA FALLS, TEXAS, AND BEENG 1410RE SPECIFICALLY
DESCRBED BY METES AND BOUNDS AS FOLLOWS:
BEGlNNING AT A"X" IN CONCRETE FOUND AT THE 1NTERSECTION OP
THE EXISTTNG EAST RIGHT-0E-WAY LINE OF LAR%RENCE ROAD AND
THE SOUTH PROPERTY LINE OF A 0.29 ACRE PARCEL �F LAND AS
RECORDED IN VOLUME 18a7, PAGE 495, OFPICIAL PUBLTC RECORDS
V�`ICH]TA COLJNTY; SAID "X" IN CONCRETE BEING SOUTH 89°55'02"
EAST 15.00 FEET FROM THE RECORDED SOUTHWEST CORNER OF SAID
0.29 ACRE PARCEL OF LAND;
TI�ENCE NORTH 00°43'45" EAST 286,43 FEET ALONG SAID EAST RIGHT-
OF-WAY LI�IE TO THE TE�UE PLACE OF BEG[NI�ING;
THENCE NORTH 89°16'IS" �VEST 2.00 FEET LE�VING SAID EASTRIGH'f-
OF-WAY LINE TO A PO[NT;
THENCE VORTI-� QO°43'45" EAST 2.00 FEET TO A POIN7:
THENCE SOUT�I 89°16'1�" EAST 2,00 F6ET TO A PO1TT ON THE SAID
EAST R1GHT-OF-WAY L[rE;
THENCE SOUTH OQ`43'45" WEST 2.00 FEET ALONG SAID EAST RIGHT-
OF-WAY LINE TO THE TRUE PLACE OF BEGINNING AND CONTAINiNG
4.0 SQUARE FEET, MORE OR LESS.
As partial cansideration for this zncroachment, Encroacher enters into a"Sidewalk Encroachment
Agreement" with the City executed contemporaneously with the "Sib Encroachment Agreement". The
City and Encroacher, Encroacher's successvrs and assigns may terminate this agreement at any time by
written agreement signed by the parties
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EXECUTED this 15�'' day of J U�� , 2009.
Cit}• ' ita Fails Gary Meha �
DBA G. rope ie
.
Darron . LeikeF,-,City nager
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(seal) y � - _ �
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STATE`6�.TEXAS�= §. . , '
CDUNTYOE-ih'ICHITA �
This instrument was executed and acknowledged before me on this ��� day of ,
3009, by Darron J. Leiker, City Vianager for the City of Plic '
� � Not1wY P�b�c� S�e Of TeXai
My �n�tbrt E�iros:
Notary Public, State of'('exas p��� ���
Acknowledgment
STATE OF TEXAS §
COUNTY �F WICHITA § !��
This instrument was executed and acknowledged before me on this���-! day of ,
2009, by Gary Mehan DBA G.I�t. Properties .
`Z J1-�"`- -
Notary Public, State of Texas ,�'"'�, €�HG'�f[�A ARMSTRONG
�o- � � ����3YPUBLIC
� � i AT�' OF TEXAS
�''� •�}� "�'�v C�r�s�. Exp. 0-05-2011
After Recording Return To:
Property Management Division
City of Wichita Falls
PO Box 1431
Wichita Falls, TX 76307