Res 125-2007 8/7/2007 RESOLUTION NO. I��� D
�
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT AND A UTILITY EASEMENT FOR A
PORTION OF ELEVENTH STREET FOR USE BY THE UNITED
REGIONAL HEALTH CARE SYSTEM FOR AN EXPANSION OF THEIR
FACILITY; FINDING AND DETERMINING THAT THE MEETING AT
WHICH THIS RESOLUTION WAS PASSED WAS OPEN TO THE
PUBLIC AS REQUIRED BY LAW.
WHEREAS, The City Council supports the development of health care options
and quality in the community; and
WHEREAS, the United Regional Health Care System wishes to construct a
major expansion of their Eleventh Street campus; and
WHEREAS, connection of that expansion will involve the construction of finro
pedestrian bridges over Eleventh Street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The City Manager is hereby authorized to execute an
Encroachment Agreement to enable the use of designated Eleventh Street right-of-way
for location of structural foundations and a drive approach. Also a Utility Easement for
aerial rights for the location and construction of pedestrian bridges and related utility
connections to serve the existing building and the new construction as per approved
plans.
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 7th day of August, 2007.
MAYOR
ATTEST:
ty Clerk
ENCROACHMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WICHITA §
THAT the City of Wichita Falls, Wichita County, Texas, hereinafter called Grantor, in
consideration of Ten Dollars ($10.00) and other good and valuable considerations to it in hand
paid, hereby grants to United Regional Health Care System, hereinafter called Grantee, an
encroachment upon, over and across Grantor's utility easement situated in the County of Wichita,
State of Texas, and described as follows, to-wit:
The encroachment of four (4) bridge footings, approximately 132 square feet,
used to construct an overhead walkway across Eleventh (11 ` Street between
Holliday and Grace, a drive approach encroachment of 211 square feet, and an
additional curb encroachment of 350 square feet for a total encroachment of 693
square feet. The encroachment is further identified in the detailed drawings
provided by Wingler and Sharp Architects attached hereto as Exhibit A, Exhibit
B,and incorporated herein.
This instrument shall be construed as conveying an encroachment to Grantee, its heirs
and assigns, to construct an overhead walkway structure over a part of the City's herein described
right-of-way as identified in Exhibit A and Exhibit B. Grantee shall indemnify Grantor, its
officers and employees from and against any and all liability, losses, fines or judgment, including
costs, attorneys' fees and other expenses, for death or injuries to persons or property arising out
of, or in connection with the use of the overhead walkway structure by Grantee or its successors
or assigns. This Indemnity inures to the benefit of Grantor, its officers and employees and is
binding on the heirs, successors and assigns of Grantee. Grantee, its heirs and assigns, agree to
construct no other improvements on or across the right-of-way. Both parties agree that any rights
or privileges granted by this instrument shall be subservient to the dedicated use of the property
as a utility easement.
TO HAVE AND TO HOLD the above-described encroachment unto the said Grantee,
its heirs and assigns, until Grantor abandons said easement, in which event Grantee shall pay
Grantor the fair market value of the easement across its property.
EXECUTED this day of August, 2007.
CITY OF WICHITA FALLS, TEXAS
By:
Darron J. Leiker, City Manager
Grantor
UNITED REGIONAL HEALTH CARE SYSTEM
By:
Title:
Grantee
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed before me on this day of August, 2007, by Darron J.
Leiker, 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 executed before me on this day of August, 2007, by
of United Regional Health Care System, on behalf of said
corporation.
Notary Public, State of Texas
UNITED REGIONAL HEALTH CARE SYSTEM EXISTING HOSPITAL
ENTRANCE
- � n
q � `�' EXtSTiNG CONSTRUCTION
� �� ALREADY ENCHROACHING
���T� �^� \ ON R.O.W.
4
PROPERTY LINE - _
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DRIVE APPROACH 70 BE
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GTY OF WICHRA FALLS. CON7RACTOR TO PRO'VIDE ALL TRAFFIC CONTROL
DEVICES REQUIRED.
2 AREA OF PAVE7►AENT REM01/AL TO BE BAq�ILLED YVRH TOP 90� b SODDED �
WITH GRHSS TO MATCH DUS'T'!NG LA1NN.
3. REPLACE PAVING TO MATCH EXIS'TING: 6' OONCRE7'E VUfT�i NO. 3'S � 18"
O.�_E.W. OVERLAYED YYfTH 2' TYPE D HMAC. SEE DETAILS SHEET Gt.03.
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