Res 076-2009 6/2/2009 . �
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RESOLUTION NO. ��P'o�iD�"1
Resolution Authorizing The City Manager To Execute An
Encroachment Agreement With The Wichita Falls Country Club For A
Driveway Across The City Aqueduct For Access Between Hamilton
Boulevard And The Country Club Maintenance Barn
WHEREAS, an encroachment has been identified on the City aqueduct adjacent
to the Wichita Falls Country Club;
WHEREAS, both parties affected by the encroachment have found a workable
solution that will not have an adverse affect for either party; and
WHEREAS, it is in the best interest of the public to allow the encroachment to
remain as it currently exists at this time.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to execute the attached Encroachment
Agreement, and such document is deemed to be in the City's best interest.
PASSED AND APPROVED this the 2" day of June, 2009.
�
OR
ATTEST:
t �.
\
y Clerk
,
' Encroachment Agreement
The City of Wichita Falls, Texas, (hereinafter called "City") hereby authorizes the Wichita Falls Country Club,
(hereinafter called "Encroacher") to encroach upon the following area, hereinafter known as the Encroachment
Area:
A TRACT OF LAND IN WICHITA COUNTY, TEXAS, BEING PART OF THE JOHN A.
SCOTT SURVEY NO. 9, A-305, AND BEING OUT OF A 50 FOOT-WIDE CITY AQUEDUCT,
AND BEING MORE SPECIFICALLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS;
BEGINNING AT A POINT IN THE SOUTH LINE OF A 50 FOOT-WIDE CITY AQUEDUCT
FOR THE SOUTHWEST CORNER OF THIS DESCRIPTION, SAID POINT BEARS SOUTH
00°47'22" WEST 50.66 FEET AND NORTH 81°30'11" EAST 324.22 FEET FROM A 1 INCH
PIPE FOR THE SOUTHWEST CORNER LOT 1, BLOCK 2, FAIRWAY ADDITION, AN
ADDITION TO THE CITY OF WICHITA FALLS, AS RECORDED IN VOLUME 6, PAGES 18
AND 19, WICHITA COUNTY, PLAT RECORDS;
THENCE ALONG THE SOUTH LINE OF SAID CITY AQUEDUCT, NORTH 61 ° 18'26" EAST
72.52 FEET TO A POINT FOR THE NORTHWEST CORNER OF THIS DESCRIPTION;
THENCE NORTH 86°03'26" EAST 68.61 FEET TO A POINT FOR THE NORTHEAST
CORNER OF THIS DESCRIPTION;
THENCE SOUTH 81 °09'39" EAST 65.74 FEET TO A POINT IN THE SOUTH LINE OF SAID
CITY AQUEDUCT, FOR THE SOUTHEAST CORNER OF THIS DESCRIPTION;
THENCE ALONG THE SOUTH LINE OF SAID C1TY AQUEDUCT, SOUTH 81°30'11" WEST
199.21 FEET TO THE PLACE OF BEGINNING AND CONTAINING 2992 SQUARE FEET OF
LAND, MORE OR LESS.
THESE FIELD NOTES WERE PREPARED FROM SURVEY FIELD WORK PERFORMED BY
PROVEN CORNERSTONE ENGINEERING, PLLC dba CORNERSTONE ENGINEERING, AND
SHALL BE AT7'ACHED TO THAT SURVEY DRAWING DATED MARCH 31, 2009, CE WORK
ORDER No. 090003.
Encroacher as partial consideration for the encroachment, a�rees to release, indemnifX, and hold harmless the City
and the City's officers, a�ents, and assi�ns from anv and all claims, damages, actions, or liabilities associated with
the activities of Encroacher or Encroacher's invitees in or near the Encroachment Area. Encroacher agrees that, if
City or utility companies need to remove or partially remove the aforementioned encroachments to construct or
install public utilities, repair existing utilities or streets, or perform other work within the Encroachment Area, then
the City or any entities with authority to use the Encroachment Area may remove the Encroacher's improvements in
the Encroachment Area, subject to the obligation of the entity removing said improvements to replace said
improvements upon completion of the work.
EXECUTED this 51 day of , 2009.
City of Wichita Falls Wichita Falls, Country Club, Encroacher
Darron Leiker, City Manager By: Leo Lane , President
(seal) (seal)
H:\_legal\CONTRACTS.QUESTIONS�2009-068�2-Encroachment Agreemen[.doc
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ATTEST: ATTEST:
Lydia Ozuna, City Clerk
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, on behalf of said city.
Notary Public
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed and acknowledged before me on this day of , 2009, by
Leo Lane, President of the Wichita Falls Country Club, a Texas nonprofit 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
H:\_legal\CONTRACTS.QUESTIONS�2009-068�2-Encroachment Agreement.doc