Res 070-2003 6/17/2003RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT WITH THE OWNERS OF 4706 LAKE
SHORE DRIVE FOR A BUILDING THAT ENCROACHES
APPROXIMATELY 0.3 FEET (3.6 INCHES) AT THE NORTH CORNER
AND 0.4 FEET (4.8 INCHES) AT THE SOUTH CORNER, FOR A TOTAL
OF 79.95 SQUARE FEET, INTO A 7.5 FOOT WIDE UTILITY
EASEMENT; 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 4706 Lake Shore Drive have requested an
encroachment agreement due to the location of a building built in a utility easement
adjacent to the east side of their property; and
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 attached encroachment agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1 . In consideration and in receipt of $100.00 ($40.00 for the cost of
the encroachment, $60.00 for the cost of the appraisal), the City Manager be and is
hereby authorized to execute an encroachment agreement with the owners of 4706
Lake Shore Drive, Wichita Falls, Texas; also known as Lot 4, Calhoun & Memorial
Baptist Church Subdivision, Block 46, Lakeview Farms, allowing the building to remain
in its present location within the utility easement 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 17` day of June, 2003.
ATTEST:
L i
City Clerk
ENCROACHMENT AGREEM
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 Weatherbee Enterprises, hereinafter called Grantee, an
encroachment upon, over and across a portion of a certain utility easement in Lot 4,
Calhoun & Memorial Baptist Church Subdivision, Block 46, Lakeview Farms, an
addition to the City Of Wichita Falls, Wichita County, Texas, shown on the attached
property drawings labeled as "Vicinity Map" and "Survey" and made a part hereof.
This instrument shall be construed as conveying an encroachment to
Weatherbee Enterprises, its successors and assigns, for the existing encroachment of
a building on Lot 4, Calhoun & Memorial Baptist Church Subdivision, Block 46,
Lakeview Farms, an addition to the City of Wichita Falls, Texas, upon the Grantor's
herein described utility easement.
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 utility
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 and assigns.
TO HAVE AND TO HOLD the above - described encroachments unto the said
Grantee, its successors or assigns, until the use of such utility 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 easement.
EXECUTED this _ day of , 2003.
City of Wichita Falls, Texas
In
James Berzina, City Manager
ATTEST:
City Clerk
Weatherbee Enterprises
in
James Weatherbee
Title:
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed and acknowledged before me on this __ day
of , 2003, by Jim Berzina, 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 June, 2003, by James Weatherbee, of Weatherbee
Enterprises, on behalf of said company.
Notary Public, State of Texas
SURVEY MAIP
7.5 Foot wide - -
Easement
The harain described
property dome lie Within
the i00 Year Flood as
delineated on the Flood
Boundary and Floodway
Map, city of Wichita
Falls, Wichita County,
Texas Panel Nunber p
00Z5 as published by 0
the U.S. Department of IT
Housing and Urban
Da Yalapnent Federal +�
t n a u r a n c e
Administration. a
Zone A4 0
Flood Ela Y. gas Z
Floor Elew. 988.3 ,
3
Building u')
encroaches $
0.3 feet into H z
easement
.Block 47
(N 89' 57' E)
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Building
encroaches 0.4 feet
into easement
Metal Warehouse
Building
5 88' 17' W 157.5
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Lake Shore
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e View Farms
Block 46
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VICINITY MAP
Location
F.x
0 113.5 T15 468 815 OW
1 inch equals 335 feet
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