Res 060-2005 4/5/2005RESOLUTION NO. its -x-
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT WITH THE OWNERS OF 297
LOVELACE LANE, LOTS 3 & NORTH HALF 4, BLOCK 1, ARROWHEAD
ACRES SECTION 1, AN ADDITION TO CLAY COUNTY, TEXAS FOR A
PORTION OF THEIR HOME THAT ENCROACHES APPROXIMATELY
388 SQUARE FEET ACROSS THE 930' ELEVATION ONTO CITY
OWNED PROPERTY LOCATED AT LAKE ARROWHEAD', 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 297 Lovelace Lane have requested an encroachment
agreement due to a portion of their home having been built onto City property
encroaching approximately 380 square feet across the 930 elevation at Lake
Arrowhead; 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 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 . 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 297 Lovelace Lane, Clay County, Texas; also known as Lots 3 & North half
of 4, Block 1, Arrowhead Acres Section 1, Clay County, Texas, allowing the building to
remain in its present location across the 930' elevation onto City awned Lake
Arrowhead as described and indicated in the attached encroachment agreement and
survey.
S ECTION 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 5"" day of April, 2005.
MAYOR
ATTEST.
City Clerk
STATE OF TEXAS
COUNTY OF WICHITA
KNOW ALL MEN BY THESE PRESENTS.
THAT the City of Wichita Fells, Texas, hereinafter rated Grantor, In consideration of One Dollar
(51 00) and other good and valuable considerations to it In hand pald . hereby grants to Ronald W. Mil
and Francis C. Mikels, hereinafter called Grantees, a encroachment upon, O and across 930'
elevation of Lake Arrowhead In Lot 3 & North half 4, Block 1 nArrowhead Acres Section 1, an addition to
Clay County, Texas, and shown on the allached property drawings labeled as Vicinity Map" and "Survey ",
and made a part of this Resolution.
This Instrument shall be construed as conveying an encmechment to Ronald W. Mikels and
Francis C. Mikels, their successors and assigns, for existing encroachment of their home on Lot &
North half of 4. Block 1, Arrowhead Acres, an addition to Clay County , Texas for the life of the existing
structure
Grantees, MPIr successors and assigns, as further consideration for the encroachment shell save
and hold harmless the Grantor for any and all calms, damages, voters, or liabilities associated with
Grantor's use of the property_ Grantees, their successors and assigns, agree that should Grantor need to
or adidely remove such encroachments In order m construct or Install public Improvements or
perforrmm Omer work for e public purpose, within the harem described penalty, such removal or partial
removal shall be at the Sots expense of Grantees, their successors or assigns
TO HAVE AND TO HOLD the abwedasvlbed encroachments unto the said Grantees, their
successors or assigns until the use of such property shall be needed for public purpose.
EXECUTED this day of ,2005.
City of Wichita Falls, Texas
By
ATTEST: James Berzlna City Manager
Ciry Clerk
BY
Ronald W. Mi its ls
BY
Francis C. Mikels
STATE OF TExAS
COUNTY OF WICHITA
BEFORE ME, Oe undersigned authority, a Notary Public In and for the Stale of Texas, on this day
personally appeared James Bereina, City Manager of the ORy of Wichita Falls, Texas, a nicipal
corporation, known to me to be the person and officer whose came subscribed to the foregoing
Instrument and acknowledged to me that he executed the same for the said City of Wichita Falls Texas,
for the purposes and consideration nerein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of _ 12005.
Notary Pub 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 Refund W. Mikels, known to me ro be the person whose name is subscribed to the
foregoing Instrument and acknowledged to me that he executed the same for the purposes and
consideration therein expressed and In the capacity therein stated
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _day of ,2005.
Notary Pub - State of Texas
BEFORE ME, the undersigned authority, a Notary Public In and for the State of Texas, on this day
personally appeared Francis 0. Mikels, 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
consldeation therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of ,2005
Notary Public, State of Texas
SURVEY MAP
930 Ft Elevation
Y1t ^J mrc.Jxri NI/ Encroachment � r
—d`Im
6 '
VICINITY MAP
Lot a and North Half of Lo[ 0
28
1067 W f - JRR3M'HEr90 Acct
a 95¢93 04
Lovelace Lane
FALLS a o 5 \�
I093 � I .e9e
x
13
im9e5
I093 \,� a 12e5 I I I099
9a