Res 124-2007 8/7/2007 RESOLUTION NO. I a —'
RESOLUTION AUTHORIZING THE CITY MANAG R TO EXECUTE AN
ENCROACHMENT AGREEMENT FOR APPROXIMATELY 380 SQUARE FEET FOR
PROPERTY AT #3 GOLDENROD COURT, ALSO KNOWN AS LOT 18, BLOCK 10,
BRIDGE CREEK ESTATES SECTION 5, WICHITA FALLS, WICHITA COUNTY,
TEXAS; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
RESOLUTION WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, the builders of #3 Goldenrod Court have requested an
encroachment agreement and it is in the best interest of the City of Wichita Falls to
protect utility easement areas from encroachments; and
WHEREAS, solutions have been determined for a unique problem regarding the
location of part of a recently constructed new home as indicated in the attached
Encroachment Agreement and Site Drawing; and
WHEREAS, it is fully understood and agreed upon by the current owner/builder
that any problems that may arise or any damages that may occur regarding this
encroachment shall not be in any way the responsibility of the City of Wichita Falls.
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 for property at #3 Goldenrod Court also known as Bridge
Creek Estates, Block 10, Lot 18, Section 5, of the City of Wichita Falls.
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:
ity rk
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 Harmon & Holcomb Homes Inc., 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 a residential structure across a 30' Utility Easement located
in part on Bridge Creek Estates, Section 5, Block 10, Lot 18, City of Wichita
Falls, said property being also known as #3 Goldenrod Court. The encroachment
is further identified in the property survey 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 a residential structure over a part of the City's herein described utility
easement as identified in Exhibit A. Grantee acknowledges the existence of a 48" water line
within the utility easement and the importance of said line to Grantor to provide water service to
the citizens of Wichita Falls. In an effort to help prevent erosion and to provide shoring for future
work on the water line, Grantee agrees to install a retaining wall. The retaining wall shall be
installed in accordance with plans prepared and sealed by an engineer and approved by Grantor.
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 occupancy or use of the
residential 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
easement. 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:
Danon Leiker, City Manager
Grantor
ATTEST: APPROVED AS TO FORM:
City Clerk Bi�l Sullivan, City Attorney
HARMON & HOLCOMB HOMES INC.
By:
Title:
Grantee
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed before me on this day of August, 2007, by Darron
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 Harmon & Holcomb Homes Inc., on behalf of said corporation.
Notary Public, State of Texas
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I do he�eby ceniCy �hat �he plal hveon occumlNy rcprcsents tAe msults of an on-ihe-yround survey made under my direction atM supervisiun of �he propufy
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nccordmg w�he p1a� of rcc«d in Vol. 2 8 . Pg. 6 9' 7 0 W I C H I T A Counry Pta Ranrds -
I funher cmify �h:a �he dimensions, s�u nnd location of 6uilJingz and improvenKnts ue u shown; thae them um no er.croxhnxn�r. conflk�s ar p�arvs�ais excep� s
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July 23, Z007
No. 3 Goldenrod Court
Brid� C�elc Estates, Sectlon 5
WichiEa Falis, Texas
� Fr:eL DE3CR1P710N
LEGAL DESCRIPTlON OF A Q.008 ACRE (338 SQUARE FEE7') 7RACT
OUT OF LOT 18, BLpCK 10, BRIDGE CREEK ESTATES, SECTION 5,
WiCHITA FALLS, TEXAS, L}ESCRtBED BY METES AND BOUNDS AS
FOLLOWS:
SEGINNING at a polM trt the North 6ne vF a'# 5 foot wide water 6ne easertient ecroBS the
badc of said Lot 18, Blodc 10, 5aid pant bears N 5T 16' W!7A fieet a�d S 63' 03' W 38_0
feet from an iron tound at the Southeast c�mer of said Lot 18, a6 shawn an pFac reoorded
in Yolutr�e 28, Pages 69 and 70,1K�chita Cotu�N Piat Reoad6. fior 1he North�,st aomer of
thfs tract;
THENCE 3 18° Q3' W a distanoe of 12.0 feet to a parrt which is 6.5 taet iram the Squth
line ot said Lot 18. for the Southeast oorner of this tr�
THENCE S 66° 15' W a dlstanoe ot a distanoe o�f 38.0 �Set to a pofM whkh is 8_6 feet trom
the Sauth line of said Lot 18, far the Soc�ttnNest oomer af this ir�d;
THENCE N71° 57' W e dis�nce of 9.0 feet ta the NorttnNest c�rr�r of this tr�et on the
North Grte of saie easement;
THENCE N 63° 03' E witt� ttre Nontt Iine o�F s�id easement, a distance o� 52.8 feet to the
PLACE OF BEGlNNING and contatntng O.OQS acre (338 squere feet) of Iand.
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No. 3 Goldervod Court
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