Res 004-2009 1/6/2009 c �
t '
RESOLUTION NO. ��0� `
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT FOR AN UTILITY EASEMENT
ENCROACHMENT APPROXIMATELY 131 SQUARE FEET LOCATED
AT 4103 SHADY GROVE, ALSO KNOWN AS LOT 9, BLOCK 3, BRIDGE
CREEK ESTATES, SECTION ONE, WICHITA COUNTY, WICHITA
FALLS, TEXAS; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS ,the owners of 4103 Shady Grove have requested an encroachment
agreement due to a portion of their swimming pool and spa having been built over a
utility easement encroaching approximately 131 square feet; and
WHEREAS, all affected City departments have reviewed this request and have
recommended approval of an encroachment agreement; and
WHEREAS, the City Council of the City of Wichtia 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 . That in consideration and in receipt of $1,000.00, this resolution
shall authorize the City Manager to execute an encroachment agreement with the
owners of 4103 Shady Lane, Wichita Falls, Wichita County, Texas; also known as Lot
9, Block 3, Bridge Creek Estates, Section One, Wichita Falls, Wichita County, Texas,
allowing the swimming pool and spa to remain in its present location as described and
indicated in the attached encroachment agreement and survey.
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 January, 2009.
MAYOR
TTEST:
�t Clerk
ENCROACHMENT AGREEMENT
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 Dollar ($1.00) and other good and valuable considerations to it in
hand paid, hereby grants to Linda Mohsenian and Mehran Mohsenian, hereinafter
called Grantee, an encroachment upon, over and across a portion of a certain utility
easement located at 4103 Shady Grove, Also Known As Lot 9, Block 3, Bridge Creek
Estates, Section One, an addition to the City Of Wichita Falls, Wichita County, Texas,
and shown on the attached property drawings labeled as "Vicinity Map" and "Plat
Survey Drawing", and made a part hereof.
This instrument shall be construed as conveying an encroachment to the
property owners of 4103 Shady Grove, its successors and assigns, for the existing
encroachment on Lot 9, Block3, Bridge Creek, Section One, an addition to the City of
Wichita Falls, Texas, upon the Grantor's herein described encroachment.
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 easement by permission of the Grantor, from 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 right-
of-way easement. Grantee, its successors and assigns, agrees 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 easement, such removal or partial removal shall be at the
sole expense of Grantee, its successors or assigns.
TO HAVE AND TO HOLD the above-described encroachments unto the said
Grantee, its successors or assigns until the use of such right-of-way easement shall be
needed for public purpose or the Grantor abandons said easement, in which event
Grantee shall pay Grantor the fair market value of the easemenUright-of-way.
EXECUTED this 6 th day of January, 2009.
City of Wichita Falls, Texas ATTEST:
By:
Darron Leiker, City Manager City Clerk
By:
Linda Mohsenian
By:
Mehran Mohsenian
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed and acknowledged before me on this day
of , 2009, by Darron Leiker, City Manager for the City of Wichita
Falls, on behalf of said city.
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 Linda Mohsenian, of 4103
Shady Grove, Wichita Falls, Texas.
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 Mehran Mohsenian, of
4103 Shady Grove, Wichita Falls, Texas.
Notary Public, State of Texas
After Recording Return To:
Property Management Division
City of Wichita Falls
PO Box 1431
Wichita Falls, TX 76307
VICINITY MAP
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