HomeMy WebLinkAbout94-859 06-28-1994RESOLUTION NO. 94 -859
A RESOLUTION OF THE CITY OF EULESS, TEXAS, GRANTING TO THE
DEPARTMENT OF HIE ARMY, ITS CONTRACTORS, AGENTS,
LICENSEES AND ASSIGNS, THE RIGHT, PRIVILEGE, LICENSE AND
PERMIT TO ENTER IN AND UPON CERTAIN LANDS, RIGHTS -OF -WAY,
LICENSED PROPERTIES AND EASEMENTS HELD BY THE CITY OF
EULESS ALL OF WHICH LANDS, RIGHTS-OF-WAY AND EASE
ARE FULLY DESCRIBED HEREINBELOW FOR THE PURPOSE OF
CONSTRUCTING THE SULPHUR BRANCH PROJECT, IN EULESS, HURST,
AND BEDFORD, TARRANT COUNTY, TEXAS, ELECTING TO BE A SELF-
INSURER AS TO CERTAIN LAND WITHIN THE SULPHUR BRANCH
PROJECT, AND AUTHORIZING THE CITY ATTORNEY TO CERTIFY TO
SUCH EFFECT TO THE U. S. ARMY CORPS OF ENGINEERS.
WHEREAS, as evidenced by the Local Cooperation Agreement between the Department
of the Army and the City of Euless dated April 27, 1993, (hereinafter referred to as the
"Agreement "), the City Council had determined that it was necessary and proper, in order to
provide for the health, welfare and safety of its residents, to construct the Sulphur Branch Project,
in Euless, Tarrant County, Texas; and,
WHEREAS, certain lands and easements were or have now been acquired by the City of
Euless for that purpose;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EULESS:
That for and in consideration of the benefits accruing to the City of Euless by virtue of the
Agreement for the Sulphur Branch Project, dated April, 1993, the City does hereby grant unto
the Department of the Army, its contractors, licensees and assigns, the right, privilege, license
and permit to enter in and upon those lands, rights -of -way, licensed properties and easements as
more particularly described in EXHIBIT "A" attached hereto and made a part hereof, located in
the City of Euless, Tarrant County, Texas, and included within the limits of Corps Stationing 5
+ 00 to 42 + 45.44 as referenced in the plans for Channel Improvements for Sulphur Branch,
Euless, Texas, Solicitation No. DACW 63- 94- B- 0131(herein referred to as "Sulphur Branch
Project "); and
That the Date of Possession for all Temporary Work Area Easements shall be the date of
award of the construction contract for the Sulphur Branch Project by the Department of the
Army; and
That all of the grants, transfers and assignments herein made are temporary in nature and
are made for the sole purpose of permitting the construction of the Sulphur Branch Project, in
accordance with the official drawings, maps and plans of the U. S. Army Corps of Engineers,
true copies of which are on file in the Engineering Department of the City of Euless and to
which reference is made and which are adopted by reference herein; and
That the City of Euless elects to be a self - insurer as to the fee simple title held by the
City of Euless in all the lands and easements owned by the City as more particularly described
in Exhibit "A ", not otherwise insured by commercial title insurance; and
That the City Attorney is authorized to certify that all lands and easements within the
EXHIBIT "A"
Resolution 94 -859
Parcel Nos. 7 and 7T
Right -of -Way Deed and Drainage and Utility Easement from Marion L. Clark and Julie L. Clark
to the City of Euless; 0.1591 acre. Temporary Work Area Easement; 0.0265 acres.
Parcel Nos. 14 and 14T
Final Judgement and Order of Possession from County Court at Law No. One of Tarrant County
for a Channel Improvement Easement (0.1528 acres) and a Temporary Work Area Easement
(0.1528 acre) and a Temporary Work Area Easement (0.0168 acres) from Joseph B. Hornisher
and Helene Hornisher.
Parcel Nos. 33 and 33T
Final Judgement and Order of Possession from County Court at Law No. One of Tarrant County
for a Channel Improvement Easement (0.0111 acres) and a Temporary Work Area Easement
(0.0152 acres) from Kevin W. O'Ciulinn and Ellen Davis O'Ciullinn.
Parcel Nos. 37 and 37T
Right -of -Way Deed and Drainage and Utility Easement from Gene B. Whetstone, II and Carolyn
Jean Whetstone to the City of Euless; 0.0045 acres. Temporary Work Area Easement; 0.0352
acres.
Parcel 44
Permit Nos. 0400 and 0402 from Trinity River Authority (TRA) of Texas to the City of Euless
for the Operation and Maintenance of the Sulphur Branch Channel Improvements and for the
Construction, Relocation and Abandonment of TRA Sanitary Sewer Facilities in Morrisdale
Estates.
Parcel 46
46A - Sanitary Sewer Easement from the City of Hurst to the City of Euless; 0.0707 acres.
46B - Right -of -Way Deed and Drainage and Utility Easement from the City of Hurst to the City
of Euless; 1.6844 acres.
46C - Temporary Work Area Easement from the City of Hurst to the City of Euless; 0.2233 acres
and 0.1026 acres.
limits of said Project and not otherwise insured by commercial title insurance, are self - insured
by the City of Euless as requested by the U. S. Army Corps of Engineers; and
That a duplicate original of this Resolution be duly filed and recorded in the Real Property
Records of Tarrant County, Texas.
PASSED AND APPROVED THIS THE 28th DAY OF June
ATTEST:
Susan Crim, .M.C., City Secretary
wp5 1 \andrea \sulbran. res
, 1994.
Mary ib Saleh, Mayor