Res 028-99 4/6/1999RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE
AN ENCROACHMENT AGREEMENT WITH STERLING GARRETT
ACROSS 0.021 ACRES OUT OF J. A. SCOTT SURVEY NO. 6,
ABSTRACT 636, ARCHER COUNTY, TEXAS; FINDING AND
DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION
WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, Sterling Garrett wishes to buy property located at Lake Wichita in
Archer County, Texas; and,
WHEREAS, a survey of the property reveals that a patio, retaining wall, and a
small corner of the house encroach onto land owned by the City of Wichita Falls; and,
WHEREAS, Sterling Garrett has requested the City allow this encroachment of
existing structures; and,
WHEREAS, the City Council has examined this issue and desires to approve an
encroachment agreement for the purposes stated.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
SECTION 1. The proposed encroachment agreement to allow the encroachment
across a 0.021 acre tract of land out of the J. A. Scott Survey No. 6,
A -636, further identified in the encroachment agreement and its attached exhibit, is
hereby approved, and the City Manager is authorized to sign the agreement on behalf
of the City.
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 6th day of April, 1999.
MAYO
ATTEST:
l City 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 Sterling. Garrett, hereinafter called Grantee, an encroachment upon, over
and across Grantor's real property situated in the County of Archer, State of Texas, and described
as follows, to -wit:
ENCROACHMENT AREA
The encroachment across 0.021 acres out of J. A. Scott Survey No. 6, Abstract
636, Lakeside City, Archer County, Texas, and described as follows:
BEGINNING at a 1/2 inch iron rod found at the Southwest corner of a tract of
land described in Volume 502, Page 566, Archer County Deed Records, this
iron rod bears North 08° 58' East 70.0 feet from the Northwest corner of Lot 22,
Edgewater Point as shown on the plat of record;
THENCE North 80° 18' 36" West 18.63 feet along a westerly extension of the
South line of the above -cited tract to a point 2.4 feet South of the Southwest
corner of a concrete patio;
THENCE North 02° 26' East 54.13 feet along the West edge of a concrete patio
to a corner;
THENCE South 87° 51' East 9.93 feet along the North edge of the concrete
patio to a corner;
THENCE North 02° 10' East 7.61 feet along the West edge of the concrete patio
to a corner;
THENCE South 87° 05' East 0.50 feet to the point at which the North line of
the patio intersects the West line of the tract described in Volume 502, Page
566;
THENCE South 07° 28' 30" East 53.20 feet along the West line of the tract to a
chiseled X found for a corner;
THENCE South 08° 58' West 11.78 feet along the West line of the tract to the
Place of Beginning and containing 0.21 acre of land,
said area being further described in the property survey attached as Exhibit A
and incorporated herein.
This instrument shall be construed as conveying an encroachment to Sterling Garrett, his
heirs and assigns, to construct a concrete patio, retaining wall, and a 0.9' by 5.08' portion of a
residential structure hereinafter collectively referred to as the "encroachment improvements"
over and across the encroachment area. Grantee shall save and hold harmless Grantor from any
and all claims, actions, or liabilities associated with Grantee's use or maintenance of the
encroachment improvements. Grantor shall have the sole discretion to determine the need for
removal of the encroachment improvements in order to construct or install public utilities or
perform other public work within the encroachment area, and Grantee, his heirs and assigns,
agree that such removal shall be at the sole expense of Grantee, his heirs or assigns. Grantee, his
heirs and assigns, agree to construct no other improvements on or across the encroachment area.
Grantee understands and agrees that the encroachment area is located within the property- -
owned by Grantor for Lake Wichita, and therefore may be inundated with water. Grantee, his
heirs and assigns, agree to save and hold harmless Grantor from any and all claims, actions, or
liabilities which may result from the flooding of the encroachment area.
EXECUTED this 6th day of April, 1999.
ATTEST:
City C1 k
U
Sterling Garrett
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed before me on this 6� day of April, 1999, by James
Berzina, City Manager for the City of Wichita Falls, a municipal corporation, on behalf of said
City.
.............................
DEBORAH
Notary Public, State of Texas
TT
STATE OF TEXAS §
COUNTY OF WICHITA §
Notary Public, State of Texas
This instrument was executed before me on this day of April, 1999, by Sterling
Garrett.
Notary Public, State of Texas
AFTER RECORDING RETURN To:
PROPERTY MANAGEMENT DIVISION
P. O. Box 1431
WICHITA FALLS, TEXAS 76307
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EXHIBIT A
TEXOMA LANG SURVEYING0'N�
Roy F. wood-OM
(940) 691-9711 Repistertd Profefflo °dl L,4nd Surveyor Number 2102
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The herein described property
DOES lie within the 100 Year
Go Concrete Driveway
Flood as delineated on the
Flood Boundary and Floodway
*- a
Map, City of Lakeside City,
-18.36 o
Archer County Texas Panel
80 0
Number 0001A as published
18'36"
by the U.S. Department of
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Housing and Urban
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58' W
Development Federal
Insurance Administration.
FIR = Found Iron Rod PLACE OF of Loth
x-- Zone A
SIR = Set Iron Rod _- _ T0,0 to the North Lot
Lot !
scale' Feet
I hereby certify that this plat represents the results of an on the ground survey made under my direction and
supervision of the property located at 56 Edgewater Drive, and described as follows: 0 021 Acre out of J A Scott Survey.
Texas. I further certify that the dimensions, size and
u
Number 6. Abstract 6X, in the City of Lakeside City, Archer Conty.
location of buildings and improvements are as shown; that there are no visible encroachments, conflicts or protrusions
except as shown. All corners areas shown. This the lr day of Match 1999.
TEXOMA LANG SURVEYING0'N�
Roy F. wood-OM
(940) 691-9711 Repistertd Profefflo °dl L,4nd Surveyor Number 2102
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