Res 064-2009 4/21/2009 RESOLUTION NO. �r awv"I
Resolution Authorizing The City Manager To Execute An
Encroachment Agreement To Allow An Encroachment Into The
Alley Right-Of-Way Between 710 8th Street (a/k/a 728 Indiana) And
712 8th Street
WHEREAS, the property owner of 728 Indiana (AKA 710 Eighth Street), as
indicated on the attached location map, has requested an encroachment agreement
due to the need for an outdoor cooker to remain in the alley right-of-way to allow the
restaurant currently occupying the property to continue to do business and,
WHEREAS, all affected City departments have reviewed this request and have
recommended approval of an encroachment agreement with the following conditions:
1. There shall be at least a 17-foot clearance in the alley between the building at
728 Indiana (712 Eighth Street) and the screened-in area housing the cooker,
2. The structure shall be built according to the specifications provided to the
Building Inspections division, with the exception that the door to the screened
in area must open on the North side of the structure as opposed to the West
side as currently indicated by the Architects drawing; and
WHEREAS, the City Council of the City of Wichita Falls, Texas concurs with the
execution of the hereto attached encroachment agreement in an effort to further
encourage downtown revitalization and in the public's best interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
In consideration and in receipt of $1,000, the City Manager is hereby authorized
to execute the attached Encroachment Agreement to allow an encroachment into the
alley right-of-way between 710 8th Street (a/k/a 728 Indiana) and 712 8th Street.
PASSED AND APPROVED this the 21 day of April, 2009.
MAYOR
ATTEST:
Clerk
Encroachment Agreement
The City of Wichita Falls, Texas, (hereinafter called "City") hereby authorizes Smith Walker, (hereinafter called
"Encroacher"), and its successor owners and assigns of Lot 7, Block 154, Original Town, an addition to the City of
Wichita Falls, Wichita County, Texas, to retain a 7'x 8' encroachment (hereinafter known as the "encroachment") in
a portion of an alley right-of-way between 710 8` Street and 712 8"' Street, Wichita Falls, Texas as depicted in the
attached Drawing, subject to the City's right to damage said encroachment in operations related to the right-of-way,
utilities, and/or easement.
Encroacher and Encroacher's successors and assi�ns aspartial consideration for the encroachment, aeree to release,
indemnify and hold harmless the City and the Citv's officers aeents and assigns from anv and all claims, dama�es,
actions or liabilities associated with any operations in or near the encroachment. Encroacher and Encroacher's
successors and assigns agree 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 right-of-way and/or easement, then the City or any entities with authority to use the right-of-
way or easement may destroy, demolish, and remove any and/or all improvements in the encroachment, and such
removal or partial removal shall be at the sole expense of Encroacher and Encroacher's successors and assigns. In
no event shall the City ever be liable for any destruction or damage to any part of the encroachment, and Encroacher
acknowledges that the City's operations in and around the Encroachment may render it unable to be used at any
time. Further, the City may terminate this agreement at any time by written notice to Encroacher and/or the
subsequent owner of Lot 7, Block 154, Original Town, and Encroacher shall remove its improvements in the
encroachment within 30 days after the City sends said notice of termination of this agreement.
EXECUTED this S` day of , 2009.
City of Wichita Falls , Encroacher
Darron Leiker, City Manager
(seal) (seal)
ATTEST: ATTEST:
Lydia Ozuna, City Clerk
Acknowledgment
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
Acknowledgment
STATE OF TEXAS §
COUNTY OF WICHITA §
This instrument was executed and acknowledged before me on this day of , 2009, by
Smith Walker.
Notary Public, State of Texas
After Recording Return To:
Property Management Division
City of Wichita Falls
PO Box 1431
Wichita Falls, TX 76307
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Drawing