Res 179-95 11/7/1995RESOLUTION NO. =G�J
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS AUTHORIZING THE CITY MANAGER TO EXECUTE AN
ENCROACHMENT AGREEMENT WITH THE TANGLEWOOD LAKE
OWNERS ASSOCIATION FOR AN ENCROACHMENT IN BLOCKS 5 & 6,
TANGLEWOOD HOLLOW SECTION "C ", AND ALONG THE NORTH
PORTION OF THE RIGHT -OF -WAY OF DRIFTWOOD AND RIDGEMONT
DRIVE, WICHITA FALLS, TEXAS, FOR THE EXISTING PRIVATE
WATERLINE LOCATED IN SAID EASEMENT IN ACCORDANCE WITH
THE ENCROACHMENT AGREEMENT; FINDING AND DETERMINING
THAT THE MEETING AT WHICH THIS RESOLUTION WAS PASSED WAS
OPEN TO THE PUBLIC AS REQUIRED BY LAW.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT:
SECTION I. The City Manager be and is hereby authorized to execute an encroachment agreement
with the Tanglewood Lake Owners Association acknowledging the existing utility easement
encroachment of a private water line on Blocks 5 & 6, Tanglewood Hollow, Section "C ", and along the
north portion of the right -of -way of Driftwood and Ridgemont Drive, Wichita Falls, Texas, the same
described in the encroachment agreement attached hereto as Exhibit "A" and made a part hereof for all
purposes.
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 November, 1995.
ATTEST:
i 1, � �---
CI ERK
STATE OF TEXAS §
COUNTY OF WICHITA §
ENCROACHMENT AGREEMENT
NOW ALL MEN BY THESE PRESENTS:
THAT the City of Wichita Falls, Wichita County, Texas, hereinafter called Grantor, in
consideration of One Dollar ($1.00) and other good and valuable considerations to it in hand paid, hereby
grants to the Tanglewood Lake Owners Association, hereinafter called Grantee, an encroachment upon,
over and across a portion of a certain 10 foot wide utility easement in Blocks 5 & 6, Tanglewood Hollow
Section "C ", and along the north portion of the right -of -way of Driftwood and Ridgemont Drive, Wichita
Falls, Texas, in the County of Wichita, State of Texas, and shown on the attached property drawing
labeled as "Attachment A ", and made a part of this Encroachment Agreement.
This instrument shall be construed as conveying an encroachment to the Tanglewood Lake
Owners Association, their successors and assigns, for the existing encroachment of a private water line
over and across a portion of a certain 10 foot wide easement in Blocks 5 & 6, Tanglewood Hollow,
Section "C ", and along the north portion of the right -of -way of Driftwood and Ridgemont Drive, Wichita
Falls, Texas, upon the Grantor's herein described ten (10) foot wide utility easement and right -of -way.
Grantees, their 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 use of utility lines and facilities installed in the Grantor's utility easement.
Grantee, their 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 Grantee, their successors or assigns.
TO HAVE AND TO HOLD the above - described encroachments unto the said Grantee, their
successors or assigns until the use of such utility easement shall be needed for public purpose or the
Grantor abandons said easement, in which event Grantee shall pay Grantor the fair market value of the
easement.
EXECUTED this _ day of 1995.
ATTEST:
City Clerk
City of Wichita Falls, Texas
By:
James Berzina, City Manager
Tanglewood Lake Owners Association
By:
E.V. Johnson, Secretary Treasurer
STATE OF TEXAS §
COUNTY OF WICHITA §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day
personally appeared James Berzina, City Manager of the City of Wichita Falls, Texas, a municipal
corporation, known to me to be the person and officer whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the said City of Wichita Falls, Texas,
for the purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the _ day of
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF WICHITA
1995.
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this
day personally appeared E. V. Johnson, Secretary Treasurer, Tanglewood Lake Owners Association,
known to me to be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration therein expressed, and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 1995.
Notary Public, State of Texas
ATTACHMENT A