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HomeMy WebLinkAbout73-331 07-24-1973RESOLUTION NUMBER 331 A RESOLUTION APPROVING AND ADOPTING RIGHT -OF -WAY EASEMENT AND ADDENDUM AGREEMENT BETWEEN THE CITY OF EULESS AND TRINITY INDUSTRIES, INC. FOR CONSTRUCTION OF THE "BOYD BRANCH PARALLELING SANITARY SEWER INTERCEPTOR LINE" ACROSS AND UPON CERTAIN LANDS OF TRINITY INDUSTRIES, INC. WHEREAS, the City of Euless, Texas, plans to construct, reconstruct and perpetually maintain a sanitary sewer line commonly known as the "Boyd Branch Paralleling Sanitary Sewer Interceptor Line" together with all necessary laterals in, over, under and across certain parcels and tracts of `land out of the R. H. Calloway Survey, Abstract No. 337 and the John R. Wallace Survey, Abstract No. 1699, which parcels and tracts of land are more particularly described in such Easement, to which reference is hereby made and attached hereto and made a part hereof as Exhibit "A "; and WHEREAS, the City of Euless, Texas,.. instituted Cause No. 153 - 17184 -73, styled City of Euless vs. Trinity Industries in the 153rd Judicial District Court, Tarrant County, Texas, for condemnation of the tracts of land described in the Ease- ment (Exhibit "A ") ; and WHEREAS, Trinity Industries, Inc. and the City Attorney of the City of Euless have reached agreement in settlement of such suit by the execution of the Easement (Exhibit "A ") and by the execution by Trinity Industries, Inc. and the City of Euless of the Addendum Agreement to which reference is hereto made and attached hereto as a part hereof as Exhibit "A "; and WHEREAS, it is the recommendation of the City Attorney of the City of Euless, Texas, that the offer of compromise and settlement be accepted; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF EULESS, TEXAS: T That the City Manager is hereby authorized and directed to accept said Easement (Exhibit "A "). ITEM XII Council Minutes July 24, 1973 That the City Manager is hereby authorized and directed to execute the Addendum Agreement (Exhibit "A ") containing the covenants and promises set forth therein as a part of the consideration for the execution and delivery by Trinity Industries, Inc. of the Easement (Exhibit "A "). III That this Resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Euless, Texas, and it is accordingly so RESOLVED. IV ADOPTED this the 24th day of July, 1973, at a regular meeting of the Euless City Council of the City of Euless, Texas, by a vote of 5 ayes and 0 nays. ATTEST: City Secretary APPROVED AS 0 FORM: APPROVED: L A. C. rause, M r City At PARCEL NO. 7 EASEMENT THE STATE OF TEXAS ) COUNTY OF TARRANT ) BOYD BRANCH TRUNK SEWER CITY OF EULESS, TEXAS K -R -E -C NO. 2 -515 That, TRINITY INDUSTRIES, INC., for and in consideration of the sum of ONE AND NO /100 DOLLARS ($1.00) cash and other good and valuable consideration in hand paid by the City of Euless, Texas, receipt of which is acknowledged, and further consideration of the benefits to be derived by me on account of the construction, recon- struction and maintenance by the City of Euless, Texas, of a sanitary sewer line in and through my certain premises hereinafter described, do hereby give and grant to the said City of Euless, Texas, a municipal corporation of Tarrant County, Texas, the right to con- struct, reconstruct and perpetually maintain a sanitary sewer line together with all necessary laterals in, upon and across that cer- tain lot, tract or plot of land hereinafter described, the easement herein created being a construction easement and a permanent easement described as follows: TRACT A SITUATED in Tarrant County, Texas, and being a strip of land in the R. H. CALLOWAY SURVEY, Abstract No. 337 and being across a portion of that certain tract of land conveyed to Pipeline Road Property Company ( Tract No. 2 ) by deed recorded in Volume 4740, Page 269, of the Deed Records of Tarrant County, Texas, and said strip of land being a permanent easement 10.0 feet wide, 5.0 feet either side of a Surveyed Base Line, and a temporary construction easement 100.0 feet wide, 55.0 feet left of and 45.0 feet right of said Base Line, and said Base L3.ne being more particularly described as follows: BEGINNING at a point in the Westerly line of South Main Street, and 102.5 feet at right angles Southerly from the Southerly line of the Chicago, Rock Island, and Pacific Railroad R. 0. W.; THENCE Northwesterly with a curve to the right whose center bears North 38 degrees, 01 minutes, 59 seconds East, 160 feet, and with said Base Line, 93.37 feet, to the end of said curve; THENCE North 18 degrees, 52 minutes West with said Base Line 102.5 feet to a point in !iaid Southerly line of the Chicago, Rock Island, and Pacific Railroad. 1 of Boyd Branch Trunk Sewer City of Euless, Texas 2 -515 PARCEL NO. 7 TRACT B SITUATED in Tarrant County, Texas, and being a strip of land in the R. H. CALLOWAY SURVEY, Abstract No. 337, and being across a portion of that certain tract of land conveyed to Pipeline Road Property Company (Tract No. 1.) by deed recorded in Volume 4740, Page 269, of the Deed Records of Tarrant County, Texas, and said strip of land being a permanent easement 10.0 feet wide, 5.0 feet either side of a Surveyed Base Line, and a Temporary Construction Easement 100.0 feet wide, 55.0 feet left of and 45.0 feet right of said Base Line, and said Base Line being more particularly described as follows: BEGINNING at a point in the Northerly R.O.W. line of the Chicago, Rock Island, and Pacific Railroad, said point being 50.0 feet Southwesterly along said R.O.W. line from the center of South Main Street; THENCE, North 18 degrees, 52 minutes West with said Base Line, 6.76 feet to a point on a curve whose center bears South 36 degrees, 32 minutes, 47 seconds West 209.2 feet; THENCE, Northwesterly with said curve, through a central angle of 30 degrees, 32 minutes, 46 seconds, a distance of 111.53 feet; THENCE, North 10 degrees, 21 minutes, 59 seconds West with said Base Line, and parallel with and 10.0 feet Northeasterly from an existing 15" sanitary sewer line, a distance of 155.9 feet; THENCE, North 35 degrees, 48 minutes, 25 seconds West with said Base Line, and parallel with and 10.0 feet Northeasterly from said existing sewer line, 231.5 feet to the beginning of a curve to the right with a radius of 450.0 feet; THENCE, Northwesterly with said curve, and with said Base Line, a distance of 92.15 feet to the end of said curve; THENCE, North 24 degrees, 04 minutes, 27 seconds West with said Base Line, and parallel with and 10.0 feet Northeasterly from said existing sewer line, 160.35 feet; THENCE, North 53 degrees, 08 minutes, 49 seconds West with said Base Line, and parallel with and 10.0 feet Northeasterly from said existing sewer line, 282.31 feet to the beginning of a curve to the right with a radius of 450.0 feet; THENCE, Northwesterly with said curve, and with said Base Line, 43.75 feet to the end of said curve; THENCE, North 47 degrees, 34 minutes, 36 seconds West with said Base Line, and parallel with and 10.0 feet Northeasterly from said existing sewer line, 60.05 feet to the beginning of a curve to the left with a radius of 450.0 feet; THENCE, Northwesterly with said Base Line, and with said curve, 40.14 feet to the end of said curve; THENCE, North 52 degrees, 41 minutes, 15 seconds West with said Base Line, and parallel with and 10.0 feet Northeasterly from said existing sewer line, 71.79 feet to the beginning of a curve to the right with a radius of 450.0 feet; THENCE, Northwesterly with said curve and with said Base Line, 16.41 feet to the end of said curve; i Parcel No.. 7, Tr/ a, continued. ' THENCE Ncrth 50 degrees, 35 minutes 54 seconds West with said Base Line, and parallel with and 10.0 feet Northeasterly from said existing sewer line, 276.39 feet; THENCE North 84 degrees, 22 minutes, 54 seconds West with said Base Line, and parallel with and 10.0 feet Northeasterly from said existing sewer line, 197.09 feet to the beginning of a curve to the right with a radius of 450.0 feet; THENCE Northwesterly with said curve, and with said Base Line, 18.61 feet' to the end of said curve; THENCE North'82 degrees, 00 minutes, 43 seconds West with said Base Line, and parallel with and 10.0 feet Northeasterly from said existing sewer line, 523.59 feet; - THENCE South 51 degrees, 08 minutes, 55 seconds West with said Base Lint, and parallel -with and 10.0 feet Northwesterly from said existing sewer line, 620.08 feet; THENCE North 67 degrees, 40 minutes, 55 seconds West with said Base Line, and "parallel with and 10.0 feet Northeasterly from said existing sewer liner; 254.1 feet; ,Vacs; North_35 degrees, 41 minutes, 34 seconds West with said Base Line, and parallelwith and 10.0 feet Northeaterly from said existing sewer line, 94.75 feet to the beginning of a curve to:the left with a radius of 450.0 feet; THENCE Northwesterly with said curve and with said Base Line, 25.49 feet'to the end of said curve; TCE North 38 degrees, 56 minutes, 18 seconds West with said Base Line, 105.16 feet to a point in a Westerly line :of said Pipeline Ron property Company tract, and the West line of said Calloway Survey. TRACT C '4 SITUATED in Tarrant County, Texas, and being a strip of land in the ' JOHN R. WALLACE SURVEY, Abstract no. 1699, and being across a portion ' of. .tbat certain tract of land conveyed to Pipeline Road Property 'r''.Cosipseir by deed recorded in Volume 4740, Page 269, of the Deed Records "of Tarrant County, Texas ( Tract 2), and said strip of land being a - Permanent easement, 10.0 feet wide, 5.0 feet either side of a ' Surveyed Base Line, and a Temporary Construction easement, 100.0 ' feet wide, 55.0 feet left of and 45.0 feet right of said Base Line, Wand said Base Line being more particularly described as follows: BEGINNING at a point in a South line of said Pipeline Road Property Company traot,and in the South line of said John R. Wallace Survey, said point being 232.2 feet Easterly along said Survey line from the Southeasterly corner of that certain tract of land conveyed to R. C. Robertson, and wife, Maud Robertson, by deed recorded in Volume 2345, Page 584, of the Deed Records of Tarrant County, Texas; 1.111(da North 48 degrees, 06 minutes, 43 seconds West with said Base Line;. and parallel with and 10.0 feet Northeasterly from an existing 15" sanitary sewer line, 72.4 feet; THENCE North 13 degrees, 54 minutes, 43 seconds West with said Base Line', and parallel with and 10.0 feet Northeasterly from said existing sewer line, 623.6 feet; THENCE North 61 degrees, 55 minutes, 43 seconds West with said Base Line'; and parallel with and 10.0 feet Northeasterly from said existing sewer line, 65.0 feet to the beginning of a curve to the left with -a radius of 450.0 feet; THENCE Northwesterly with said curve, and with said Base Line, 10.8 feet to a point in the West line of said Pipeline Road Property Company tract, and the East line of said R. C. Robertson tract. 3 of 4 TO HAVE AND TO HOLD the same perpetually to the City of Euless, Texas, and its successors and assigns, together with the right and privilege at any and at all times to enter said premises, or any part thereof, for the purpose of constructing, reconstructing and maintaining said sewer and for making connections therewith, all upon the conditions that the City of Euless, Texas, will at all times, after doing any work in connection with the construction, reconstruc- tion or repair of said sewer line, or any lateral thereof, restore said premises to the condition in which same were found before such work was undertaken, and that in the use of said rights and privi- leges herein granted, the City of Euless, Texas, will not create a nuisance or do any act that will be detrimental to said premises. WITNESS MY HAND this /5421 day of , 1973. TRINITY INDUSTRIES, INC. By THE STATE OF TEXAS ) COUNTY OF DALLAS lace, President BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this day personally appeared W. RAY WAL- LACE, known to me to be the person and officer whose name is sub- scribed to the foregoing instrument and acknowledged to me that the same was the act of the said TRINITY INDUSTRIES, INC., a corpora- tion, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the /S day of 91,1_,I'LL) , 1973. Notary Public in and for Said County and State. 4 of 4 THE STATE OF TEXAS ) ADDENDUM TO EASEMENT AND RIGHT -OF -WAY AGREEMENT OF TRINITY INDUSTRIES, INC. AND THE CITY OF EULESS, TEXAS COUNTY OF TARRANT ) THIS AGREEMENT, entered into under date hereinafter last written, by and between Trinity Industries, Inc., hereinafter re- ferred to as "Trinity ", and the City of Euless, Texas, a municipal corporation of Tarrant County, Texas, hereinafter referred to as "City ": W I T N E S S E T H: WHEREAS, Trinity has, simultaneously with the execution of this Agreement, granted City an easement and right -of -way for the construction of a sanitary sewer interceptor line over, under and across certain parcels and tracts of land out of the R. H. Calloway Survey, Abstract No. 337 and the John R. Wallace Survey, Abstract No. 1699, which parcels and tracts of land are more particularly de- scribed in such Easement and Right -of -Way Agreement; and WHEREAS, as part of the additional consideration for the grant of such easement and right -of -way and executed contemporaneously herewith, City has reached agreement with Trinity providing Trinity, its successors and assigns, with certain rights to tie -in to such sanitary sewer interceptor upon certain terms and conditions which rights, terms and conditions are more fully set forth herein; NOW, THEREFORE, for and in consideration of the premises above - stated and hereinafter set forth, it is understood and agreed by and between the parties hereto that Trinity, its successors and assigns, with respect to that certain parcel and tract of land more particularly described in Exhibit "A" hereto, which Exhibit is in- corporated herein and made a part hereof for all purposes, shall AGREEMENT - Page 1 have the right to tie -in to that certain sanitary sewer interceptor line known as the "Boyd Branch Paralleling Sanitary Sewer Intercep- tor Line" being constructed by City across such tract of land, sub- ject only, to the following: (1) Trinity, its successors or assigns, furnishing to the City at the time of such proposed tie -in written permission of the City of Fort Worth, Texas, authorizing such tie -in; (2) The payment to City by Trinity, its successors or assigns, as the case might be, of the then applicable sewer pro rata charge of City based upon the construction cost of such sani- tary sewer interceptor and the then applicable "tap" fee customarily charged by City to like users; and (3) A determination by the then City Engineering staff of City that capacity then exists in such line for the use intended as a result of such tie -in, or in the alternative, that sufficient capacity exists in such line for such intended use upon a timed discharge basis through the use of sewage retaining receptacles, as the case might be. It is further agreed that Trinity, its successors or as- signs, as the case might be, shall have the right at all times, and from time to time, to landscape the easement area with trees, grass, shrubs and other natural growing plants and to pave the easement area for parking, driveways, alleys or streets, it being understood and agreed that the obligation of maintenance of such improvements, except as to improvements existing in right -of -way dedicated to the public, shall be the responsibility of Trinity, its successors or assigns, as the case might be. As to improvements existing upon dedicated public rights -of -way, the repair or replacement of such AGREEMENT - Page 2 improvements necessitated from the maintenance, repair or removal, as the case might be, of such sanitary sewer interceptor line shall be the responsibility of City. Heretofore, on or about December 29, 1954, T. C. Whitener and wife executed a Right -of -Way easement to Royce Wisenbaker, re- corded in Vol. 3043, p. 25, Deed Records of Tarrant County, Texas; and on or about the same date Robert S. Muir conveyed a Right -of -Way easement to Royce Wisenbaker, recorded in Volume 3043, page 23, and City is successor to the interests of the said Royce Wisenbaker in said Right -of -Way easements, and as further consideration City agrees with respect to said easements that Trinity shall have the rights with respect to the use of the surface of said easements as are set forth in the immediately preceding paragraph of this agree- ment. The rights, duties and obligations created and /or imposed hereby shall inure to and be binding upon the parties hereto, their successors and assigns. This Agreement and the Easement executed contemporaneously herewith shall become effective only upon and after acceptance and approval by the City Council of the City of Euless duly assembled. EXECUTED in duplicate originals this the day of , 1973. CITY OF EULESS, TEXAS By J. Griggs, City Manager TRINITY INDUSTRIES, INC. By THE STATE OF TEXAS COUNTY OF TARRANT ) 'ay a lace, President BEFORE ME, the undersigned, a Notary Public in and for AGREEMENT - Page 3 said County and State, on this day personally appeared C. J. GRIGGS, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said CITY OF EULESS, a municipal corporation, and that he executed the same as the act of such municipal corporation for the purposes and consideration therein expressed, and in the ca- pacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 0/-44' day , 1973. STATE OF TEXAS ) COUNTY OF DALLAS ) Notary Public in and for Said County and State. BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared W. RAY WALLACE, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said TRINITY INDUSTRIES, INC., a corpora- tion, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. th GIVEN UNDER MY HAND AND SEAL OF OFFICE this the /5— day of J , 1973. Notary Public in and for Said County and State. AGREEMENT - Page 4 EXHIBIT "A" TRACT 'A' Being a tract of land out of the J. R. Wallace Survey and the F. Wood Survey, Tarrant County, Texas and being more particularly described as follows: BEGINNING at the southeast corner of the F. Wood Survey; THENCE North 89 °25' West, along the general line of a fence, a distance of 750.0 feet to an iron pin at a fence corner; THENCE North 0 °30' West, along the general line, of a fence, at 1497.93 feet pass a 1/2" square rod, in all a distance of 1522.93 feet to a point for a corner in the centerline of Pipeline Road; THENCE North 89 °05' East, along the centerline of Pipeline Road, a distance of 1439.62 feet to a point for a corner; THENCE South 0 °33' East, at 25.0 feet pass a 2" angle iron set in concrete, in all a distance of 461.10 feet to a 1/2" square rod for a corner; THENCE North 89 °32' East, along the general line of a fence at 147.66 feet pass a 1/2" square rod, in all a distance of 471.79 feet to an iron pipe set in concrete for a corner; THENCE South 0 °27' East, along the general'line of a fence, a distance of 1103.91 feet to a fence corner post, a point for a corner; THENCE South 89 °50' West, along the general line of a fence, a distance of 1161.0 feet to a point for a corner; THENCE North 0 °20' East, a distance of 11.0 feet to the POINT OF BEGINNING and CONTAINING 63.012 gross acres of land more or less. TRACT 'B' Being a tract of land out of the R. H. Calloway Survey, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a point in the west line of the said R. H. Calloway Survey, said point being South 0 °20' West, a distance of 11.0 feet from the northwest corner of the said R. H. Calloway Survey; THENCE North 89 °50' East, a distance of 1161.0 feet to an angle point, the southeast corner of-the above described tract 'A'; THENCE North 89 °48' East, a distance of 292.0 feet to a point for a corner; _ THENCE South 0 °39'30" West, a distance of 2226.39 feet to a point for a corner in the northwest line of the C.R.I.& G. Railroad right -of -way (150 feet wide); THENCE South 73 °30' West, along the said northwest right -of -way line, a distance of 1481.50 feet to a point for a corner in the south line of the said R. H. Calloway Survey, a point in the centerline of Calloway Cemetery Road; THENCE North 89 °52' West, along the said south line, the centerline of Calloway Cemetery Road, a distance of 22.22 feet to the southwest corner of the R. H. Calloway Survey; THENCE North 0 °20' East, along the west line of the R. H. Calloway Survey, a distance of 2642.59 feet to the POINT OF BEGINNING and CON- TAINING 80.939 gross acres of land more or less. UK%L L Being a tract of)d out of .the R, H. Calloway Spey, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a point in the south line of the said R. H. Calloway Survey, the centerline of Calloway Cemetery Road, said point being South 89 °52' East along the said line a distance of 890.91 feet from the southwest corner of the R. H. Calloway Survey; THENCE North 0 °08' East, a distance of 103.0 feet to a point for a corner in the southeast line of the C.R.I.& G. Railroad right -of -way (150 feet wide); THENCE North 73 °30' East, along the said southeast right -of -way line, a distance of 573.37 feet to a point for a corner; THENCE South 0 °39'30" West, a distance of 267.16 feet to a point for a corner in the south line of the R. H. Calloway Survey, the centerline of Calloway Cemetery Road; THENCE North 89 °52' West, along the last said south line and centerline, a distance of 546.92 feet to the POINT OF BEGINNING and CONTAINING 2.328 gross acres of land more or less. TRACT 'C' Being a tract of land out of the R. H. Calloway Survey, Tarrant County, Texas and being more particularly described as follows: BEGINNING at the northeast corner of the R. H. Calloway Survey, a point in the centerline of South Main Street; THENCE South 0 °36' East, along the east line of the said Calloway Survey, along the general centerline of South Main Street, a distance of 1856.86 feet to a point for a corner in the northwest line of the C.R.I.& G. Railroad right -of -way (150 feet wide); THENCE South 73 °30' West, along the said northwest right -of -way line, a distance. of 1331.18 feet to a point for a corner, the southeast corner of the above described tract 'B'; THENCE North 0 °39'30" East, along the east line of the above described tract 'B', a distance of 2226.39 feet to a point for a corner, the northeast corner of the said tract 'B'; THENCE North 89 °48' East, a distance of 758.74 feet to an angle point; THENCE North 89 °18' East, a distance of 472.56 feet to the POINT OF BEGINNING and CONTAINING 58.703 gross acres of land more or less. TRACT 'C -1' Being a tract of land out of the R. H. Calloway Survey, Tarrant County, Texas and being more particularly described as follows: BEGINNING at the southeast corner of the R. H. Calloway Survey, a point in the centerline intersection of South Main Street and Calloway Cemetery Road; THENCE North 89 °52' West, along the south line of the said survey, the centerline of Calloway Cemetery Road, a distance of 1289.68 feet to a point for a corner, the southeast corner of the above described tract 'B -1' THENCE North 0 °39'30" East, along the east line of the said tract '8 -1', a distance of 267.16 feet to a point for a corner in the southeast line of the C.R.I.& G. Railroad right -of -way (150 feet wide), the north- east corner of the said tract 'B -1'; THENCE North 73 °30' East, along the said south right -of -way line, a distance of 1334.77 feet to a point for a corner in the east line of the R. H. Calloway Survey; THENCE South 0 °36' East, along the last said east line, a distance of 649.24 feet to the POINT OF BEGINNING and CONTAINING 13.520 gross acres of land more or less.