Res 066-2003 6/3/2003RESOLUTION NO. Cole -ao 03
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 2201
ELLINGHAM DRIVE FOR A FENCE THAT ENCROACHES 4.7 FEET
INTO THE STREET RIGHT -OF -WAY FOR A DISTANCE OF 130.8 FEET;
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 2201 Ellingham Drive have requested an
encroachment agreement due to location of a fence built in the street right -of -way
adjacent to the east side of their property; and
WHEREAS, all utility companies and affected City departments have reviewed
this request and have recommended conditional 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:
S ECTION 1 . In consideration and in receipt of $4,950.00 ($4,800 plus $150.00),
this resolution authorizes the City Manager to execute an encroachment agreement
with the owners of 2201 Ellingham Drive, Wichita Falls, Texas; also known as Lot 8 and
30' by 90' of Lot 9, Block 35, Country Club Estates, allowing a fence to remain in its
present location within the street right -of -way, 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 3 r day of June, 2003.
MAYOR
ATTEST:
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Jj
City Clerk -�
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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 ($1.00) Dollar and other good and valuable consideration to it in
hand paid, hereby grants to Jeff Lemley and Carol Lemley, hereinafter called Grantees,
an encroachment upon, over and across a portion of a certain right -of -way easement in
Lot 8 and 30' by 90' of Lot 9, Block 35, Country Club Estates, an addition to the City Of
Wichita Falls, Wichita County, Texas, as shown on the attached property drawings
labeled as "Vicinity Map" and "Surrey ", and made a part hereof.
This instrument shall be construed as conveying an encroachment to Jeff Lemley
and Carol Lemley, their heirs, successors and assigns, for the existing encroachments
of structures on Lot 8 and 30' by 90' of Lot 9, Block 35, Country Club Estates, an
addition to the City of Wichita Falls, Texas, upon the Grantor's herein described street
right -of -way.
Grantees, their heirs, 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 or other utility companies' maintenance,
repair, and /or use of utility lines and facilities installed in the Grantor's right -of -way
easement. Grantees, their heirs, 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 easements, such removal or partial removal shall be at the
sole expense of Grantees, their successors or assigns.
TO HAVE AND TO HOLD the above - described encroachments unto the said
Grantees, their 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
Grantees shall pay Grantor the fair market value of the easement.
EXECUTED this _ day of , 2003.
City of Wichita Falls, Texas
M
James Berzina, City Manager
ATTEST:
City Clerk
Jeff Lemley
Carol Lemley
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was acknowledged before me on this day of June, 2003,
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 acknowledged before me on this day of June, 2003,
by Jeff L.emley.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was acknowledged before me on this day of June, 2003,
by Carol Lemley.
Notary Public, State of Texas
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