Loading...
Res 138-2013 12/17/2013RESOLUTION NO. 138-2013 Resolution Authorizing The City Manager To Execute A Boundary Agreement Delineating The Boundary Of Property Between Jeff R. Howard And The City Along Lake Wichita Between Barnett Road And Gregg Road And Adjacent Areas WHEREAS, the City of Wichita Falls is the owner in fee simple of property in the lakebed of Lake Wichita, in Wichita and Archer Counties, Texas, circumscribed by the water line of said lake when level with the top of the eastern (old) spillway at an elevation of 980.7 feet above sea level; WHEREAS, one owner of property in the Lake Wichita lakebed, Jeff Howard, desires to delineate the ownership of the property along surveyed lines, and has surveyed said property at a location that approximates the traditional 980.7’ level, save such areas excavated by the owners of his property after construction of the lake; WHEREAS, Jeff Howard has provided a copy of the survey to the City, and has requested the City approve such boundary, and the City is willing to approve such boundary on the condition that the City be permitted to continue to fill Lake Wichita to the 980.7’ level, which will be documented via an easement on Jeff Howard’s property; and WHEREAS, Texas Local Gov’t Code § 272.001(b) provides: b) The notice and bidding requirements of Subsection (a) do not apply to the types of land and real property interests described by this subsection and owned by a political subdivision. The land and those interests described by this subsection may not be conveyed, sold, or exchanged for less than the fair market value of the land or interest unless the conveyance, sale, or exchange is with one or more abutting property owners who own the underlying fee simple. The fair market value is determined by an appraisal obtained by the political subdivision that owns the land or interest or, in the case of land or an interest owned by a home-rule municipality, the fair market value may be determined by the price obtained by the municipality at a public auction for which notice to the general public is published in the manner described by Subsection (a). The notice of the auction must include, instead of the content required by Subsection (a), a description of the land, including its location, the date, time, and location of the auction, and the procedures to be followed at the auction. The appraisal or public auction price is conclusive of the fair market value of the land or interest, regardless of any contrary provision of a home-rule charter. This subsection applies to: 1) narrow strips of land, or land that because of its shape, lack of access to public roads, or small area cannot be used independently under its current zoning or under applicable subdivision or other development control ordinances; 2) streets or alleys, owned in fee or used by easement; WHEREAS, the City Council finds that no appraisal of the property is necessary because it is an exchange of property with the neighboring property owner who owns the underlying fee simple, and the City will maintain an easement for inundation of property to its 980.7’ level. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to execute the attached Boundary Line Agreement, with changes as are approved by the City Attorney. PASSED AND APPROVED this the 17th day of December, 2013. M A Y O R ATTEST: City Clerk BOUNDARY LINE AGREEMENT The City of Wichita Falls, Texas, a municipal corporation (the “City”) and Mr. Jeff R. Howard Howard”) are entering into this boundary line agreement on the basis of the following facts and understandings: RECITALS Howard is the owner of certain lands in Wichita County, Texas, consisting of multiple tracts lying in Block 37, Denton County School Lands, League 1 and in Block 24, Denton County School Lands, League 2 (the “Subject Property”), which generally lie between Barnett and Gregg Roads and front on Lake Wichita (the “Lake”), a manmade impoundment of water lying in Archer and Wichita Counties of Texas. Howard’s ownership of the Subject Property has been obtained by various transactions from family members. The City is the fee simple owner of the lands encompassing Lake Wichita as described in that deed of record in Volume 171, Page 169, et seq., Wichita County Deed Records. The original deeds referenced in that conveyance generally describe a Lake boundary line described as being along the meanderings of the reservoir when full of water at spillway level. Although the Lake spillway has since been lowered by the Corps of Engineers Flood Control Project for Holliday Creek, the original spillway elevation level of the Lake has been established at 980.7 feet. A survey of the Subject Property has been conducted by Proven Cornerstone Engineering, PLLC dated September 30, 2013 (the “Survey”). The lands to be conveyed are described by that Survey and on those metes and bounds descriptions attached as Exhibit “A” hereto (the “Property”). Howard and the City have been provided with and have reviewed a copy of the Survey and its accompanying metes and bounds descriptions which are attached hereto, and both parties accept and desire the same to be the true and correct boundary between them. NOW, THEREFORE, in consideration of the mutually beneficial establishment of the common boundary line between the Subject Property and the Lake property as owned by the City, and to remove any further question as to the location of the common boundary line, Howard and the City hereby agree as follows: 1. Those boundary line segments along the Lake as described in Exhibit “A” hereto are accepted as the boundary line between private ownership and City ownership in said Blocks 24 and 37. 2. The City owns and maintains an inundation easement on the real property located between the boundary line up to the elevation line of 980.7 feet, and retains the continuing right pursuant to its original deeded interests to inundate lands to an elevation of 980.7 feet. This inundation easement allows City to inundate and store water on the inundation lands. 3. This Agreement shall be binding upon and inure to the benefit of Howard and the City, their respective heirs, beneficiaries, successors in interest and assigns. This Agreement shall be effective as of the ________ day of _____________________, 2013 even though executed on the dates of signature by the separate parties as indicated below. Jeff R. Howard The City of Wichita Falls By: _____________________________ Jeff R. Howard Darron Leiker, City Manager 2104 10th Street 1300 7th Street Wichita Falls, Texas 76301 Wichita Falls, Texas 76301 Attest: Tracy Norr, City Clerk STATE OF TEXAS § COUNTY OF WICHITA § This instrument was executed and acknowledged before me this _____ day of ________, 2013, by Jeff R. Howard, to certify which witness my hand and seal of office. Notary Public, State of Texas STATE OF TEXAS § COUNTY OF WICHITA § This instrument was executed and acknowledged before me this _____ day of ___________, 2013, by Darron J. Leiker, City Manager of the City of Wichita Falls, a Texas municipal corporation, on its behalf, to certify which witness my hand and seal of office. Notary Public, State of Texas EX H I B I T A