HomeMy WebLinkAbout98-1008 12-08-1998RESOLUTION NO. 98 -1008
A RESOLUTION OF THE CITY OF EULESS, TEXAS, GRANTING TO
THE DEPARTMENT OF THE 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
EASEMENTS ARE FULLY DESCRIBED HEREINBELOW FOR THE
PURPOSE OF CONSTRUCTING THE SULPHUR BRANCH
MODIFICATION PROJECT, IN FORT WORTH, TARRANT COUNTY,
TEXAS, ELECTING TO BE A SELF - INSURER AS TO CERTAIN LAND
WITHIN THE SULPHUR BRANCH MODIFICATION 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, Tarrant County, Texas; and,
WHEREAS, modifications are required to the original Sulphur Branch Project,
said modifications will be constructed in Fort Worth, Tarrant County, Texas, hereinafter
referred to as "Sulphur Branch Modification Project ";
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 Sulphur Branch Modification Project, and subject to acquisition of the
necessary right -of -way, 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 included within the limits of Corps
Stationing 10+00 to 27 +36.69 and 10+50 to 19 +07.25 as referenced in the plans for
Sulphur Branch Modification Project, Fort Worth, Texas, Solicitation No. DACW 63-98 -
B -0075; and
That the Date of Possession for all Permanent Channel Improvement Easement
and Fee Mitigation Areas (Right -of -Way) shall be the date of award of the construction
contract for the Sulphur Branch Modification 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 Modification 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 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 8th DAY OF December , 1998.
ATTEST
/lilted re I IL
usan Crim, C C, City Secretary
APPROVED AS TO FORM AND LEGALITY:
datu&OP
Bob cFarland, Attorne for City
�" d.. .
Mary ib Saleh, Mayor
EXHIBIT "A"
RESOLUTION 98- 1 008
Permanent Channel Improvement Easement 4.78 acres
Fee Mitigation Areas (Right -of -Way) 5.91 acres
CCC /Sulphur Branch Mod lmpr Right of Entry RES.doc