Res 147-2009 10/20/2009 RESOLUTION NO. ly7-�oc�9
Resolution Authorizing The City Manager To Execute An
Encroachment Agreement With Brown and Caldwell for Water
Monitoring Wells to be located at 5 Different Locations along North
9 Streets
WHEREAS, Brown and Caldwell has requested an encroachment agreement for
5 water monitoring wells for the purpose of groundwater sampling activities and/or
contaminant recovery as required by TCEQ;
WHEREAS, the affected City departments have reviewed this request and have
recommended approval of this request.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
In consideration and in receipt of $5,000.00, this resolution shall authorize the
City Manager to execute the attached Encroachment Agreement with Brown and
Caldwell, for Monitor Wells to be located at 5 Different Locations along North 9 tn�� �cn
Streets, with such further changes to form as are approved by the City Attorney.
PASSED AND APPROVED this the 20 day of October, 2009.
�
MAYOR
ATTEST:
i Clerk
ENCROACHMENT AGREEMENT
STATE OF TEXAS §
COUNTY OF WICHITA §
The City of Wichita Falls, Texas, hereinafter called Grantor, in consideration of $5,000
and other good and valuable consideration to it in hand paid, hereby grants to Brown
and Caldwell, hereinafter called Grantee, a non-exclusive, temporary, subordinate
easement to encroach on a portion of the City's right-of-way for the purpose of
groundwater sampling wells in accordance with the attached Monitor Well Schematic
at 5 locations along North 9 Street, Wichita Falls, Wichita County, Texas within
the unpaved part of the right-of-way in the locations depicted on the attached Aerial
Map, which are designated by the attached Physical Address Location. This
encroachment shall be subordinate to the right of the public and the City's franchised
utility companies to use the area subject thereto for its intended purpose as a street
right-of-way and general area of passage. This encroachment shall be temporary and
shall expire at the earlier of (1) the time it is no longer used for its purpose as stated
above or (2) 10 years after its date of execution. Grantee shatl remove the
improvements in the encroached area within 30 days after the expiration of this right to
encroach. After installation of the encroaching improvements, the public right-of-way
shall be fully serviceable for all of its intended purposes, including travel and utilities.
This easement is non-exclusive, and Grantor, as well as the general public and
Grantor's franchised utility companies, shall have the right to use this easement area
for Grantor's intended purposes. In no event will Grantor be liable for any damage,
encroachment, or other problem arising with the encroachment or installations therein.
Grantor shall have the right to obtain samples from this well, and Grantee shall have no
intellectual property or other rights in the data contained therein.
Grantee and Grantee's successors and assigns, as further consideration for this
encroachment, shall save and hold harmless the Grantor from any and all claims,
damages, actions, or liabilities related to this encroachment that are associated with
Grantor's or Grantor's franchisees' maintenance, repair, and/or use of utility lines,
improvements, and other facilities installed in the Grantor's right-of-way. Grantee and
Grantee's successors and assigns agree that, if Grantor or other utility companies
occupying this easement need to remove or partially remove the encroachments
described herein to construct, repair or install utilities, streets or other public works,
within the herein described easement, then the removal or partial removal shall be at
the sole expense of Grantee and Grantee's successors and assigns.
EXECUTED this day of , 2009.
City of Wichita Falls, Texas
By:
Darron Leiker, City Manager
Brown and Caldwell
BY:
Thomas R. Marrou, P.E.,
Vice President
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed and acknowledged before me on this day of
, 2009, by Darron Leiker, City Manager for the City of Wichita Falls,
a Texas municipal corporation, on behalf of said corporation.
Notary Public
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed and acknowledged before me on this day of
, 2009, by Thomas R. Marrou, Vice President of Brown and
Caldwell, a corporation, on behalf of said corporation.
Notary Public
After Recording Return To:
Property Management Division
City of Wichita Falls
PO Box 1431
Wichita Falls, TX 76307