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1994-043RESOLUTION NO. 94-43 A RESOLUTION AUTHORIZING THE CITY OF SOUTHLAKE, TEXAS TO ENTER INTO AN AGREEMENT WITH THE STATE OF TEXAS WHEREBY THE CITY WILL ASSUME RESPONSIBILITIES FOR DRAINAGE AND MAINTENANCE OF THE STATE'S DRAINAGE EASEMENT LEFT OF CENTERLINE STATION 13+65.54 ON FARM TO MARKET HIGHWAY 1938 WHEREAS, the City Council of the City of Southlake, Texas deems it necessary and to the best interest of the City of Southlake, Texas to enter into an agreement with the State of Texas, acting by and through the Texas Transportation Commission whereby the City will maintain proper drainage and maintenance within the State's drainage easement left of centerline station 13+65.54 on Farm to Market Highway 1938 in Southlake, Texas; as shown in the attached Exhibit A and made a part of this Resolution; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTBLAKE, TEXAS, that the City of Southlake, Texas, acting by and through its Mayor, enter into an agreement with the State of Texas whereby the City of Southlake, Texas assumes whatever responsibilities and liabilities the State may have for the proper and adequate MM discharge of all drainage from the highway drainage facility located at left of centerline station 13+65.54 on Farm to Market Highway 1938 in the City of Southlake, and Gary Fickes, Mayor of the City of Southlake, Texas be and is hereby authorized to enter into an agreement on behalf of the City of Southlake, Texas. The City Secretary is hereby instructed to attest and affix the seal of the City of Southlake, Texas to said agreement. PASSED, APPROVED AND ADOPTED THIS THE 6 DAY OF 4 , 1994, ata regular meeti g f the City Council of the City /of Southlake, Texas. ATTEST: ,\ THE CITZA UTHLAKE, TEXAS City Secretary APPROVED: . u.._ 6 In glflMll/ City Attorney ` Ma4 yor city of South la Texas City of Southlake, Texas 64 ' ox v N= SCALE 60' MINT OF BEGINNING LYING N 00* 18'00'W. 198.92 FEET FROM THE S.W. CORNER OF LOT IR, BLK. 1, L/ O/Neelkle! PHASEI ADDITION EXHIBIT "N' 0.264 ACRE DRAINAGE EASEMENT LOCATED IN THE W.R. EAVES SURVEY. ABST. No. 500. TARRANT COUNTY, TEXAS, BEING A PORTION OF BLOCK 1. SOUTHLAKE CROSSING, PHASE I ADDITION, CITY OF SOUTHLAKE. TARRANT COUNTY, TEXAS JUNE 18, 1994 STA. 13+65.54, 65.0' LT - FM 193 DAVIS BOULEVARD : RANDOL MILL JESSIE G. ALLEN SURVEY ABST. No. IS W. R. EAVES SURVEY ABST. No. 500 F. M. HWY. No. 1938) 0.264 ACRE 0, 500 S.F.) AVENUE N 00*18'00'W AVEN UE 51.90 252.43 100, S 51*26'34'W S 02'15118,w 318. 12.98 S 44*42'00'W 82 0 49.31 0.432 ACRE N 25*3749'E 5.06 FF"(18 , 806 S.F. ) 24.95 LOT IR S D- 60*00'00' R = 240.00 T = 138.56 LOT 3IR L = 251.33 CHD = S 21*26'34'W DRAINAGE ESMT. 240.00 %f &CiA 0 1733 0 1400LQ;*3T T; 2 lptelol a 2 ;a IM BLOCK I SOUTHLAKE CROSSING — PHASE I CABINET A. SLIDE 1613 P. R. T. C. T. D 0 T r T LOT 2R COPYRIGHT 0 WER IS AS90IMTES, NC- 6AS SHEET EDIT AT! 07-27-94 FILE E*WS WAO 93021 WIER& ASSOCIATES, INComw AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF SOUTHLAKE FOR THE STATE'S DRAINAGE FACILITY LEFT OF STATION 13+65.54 ON F.M. HIGHWAY 1938 STATE OF TEXAS § COUNTY OF TARRANT § This Agreement, made by and between the City of Southlake, Texas, hereinafter called CITY, and the State of Texas , acting herein by and through the Texas Transportation Commission, hereinafter called STATE: WHEREAS, the CITY passed a Resolution on 94-43 , dated September 6, 1994 1994, authorizing its Mayor, on behalf of the City of Southlake, to enter into an agreement with the State of Texas whereby the CITY will assume whatever responsibilities and liabilities the STATE may have for the proper and adequate discharge of all drainage from the highway drainage facility located within the State's 0.264 Acre easement that is left of centerline survey station 13+65.54 on F.M. Highway 1938 in the City of Southlake, Texas as shown on Exhibit "A", attached hereto and made a part hereof; and WHEREAS, the CITY accepts the drainage and maintenance responsibilities and liabilities of the STATE'S drainage facility located within the State's 0.264 Acre easement that is left of centerline survey station 13+65.54 on F.M. Highway 1938 in the City of Southlake, Texas as shown on Exhibit "A", attached hereto and made a part hereof: and WHEREAS, the CITY agrees to indemnify and hold the STATE harmless against loss or damages resulting from said CITY'S operations and maintenance of the STATE'S drainage facility located within the State's 0.264 Acre easement that is left of centerline survey station 13+65.54 on F.M. Highway 1938 in the City of Southlake, Texas, as shown on Exhibit "A", attached hereto and made a part hereof. 1 NOW THEREFORE, in consideration of the above premises, it is mutually agreed and understood by the parties hereto that the CITY hereby assumes whatever responsibilities and liabilities the STATE may have for the proper and adequate discharge of all drainage from and through the State's drainage facility located within the State's 0.264 Acre easement that is left of centerline survey station 13+65.54 on F.M. Highway 1938 in the City of Southlake, Texas, as shown on Exhibit "A", attached hereto and made a part herof; and the CITY agrees to indemnify and hold the STATE harmless against loss or damages resulting from said CITY'S operation and maintenance of the STATE'S drainage facility located left of centerline survey station 13+65.54 on F.M. Highway 1938 in the City of Southlake, Texas, as shown on Exhibit "A", attached hereto and made a part herof. CITY OF SOUTHLAKE, TEXAS BY: APPROVED: ATTEST: Seal) m co City At tor ey 2 In witness whereof, STATE has executed this instrument on this day of , 1994. THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order Number 100002. By: Date: Gary W. Bernethy, P.E. Director of Right of Way SCALE i I' = 60' POINT OF BEGINNING LYING N 00.18'00' W, 198.92 FEET FROM THE S.W. CORNER OF LOT IR, BLK. SOUTHLAKE CROSSING, PHASE I ADDITION. STA. 13+65.54 , 65.0' LT - FM 1938 ) DAVIS BOULEVARD EXHIBIT 0.264 ACRE DRAINAGE EASEMENT-] I THE W.R. EAVES SURVEY. ABST . No. 500, UNTY, TEXAS. BEING A PORTION OF BLOCK I. THLAKE CROSSING. PHASE I ADDITION. SOUTHLAKE, TARRANT COUNTY, TEXAS JUNE 18, 1994 JESSIE G. ALLEN SURVEY ABST. No. IS – N 1 - W. R. EAVES SURVEY ASST. No. 500 F . M . HWY . No. 1938) 0.264 ACRE II, 500 S.F. I N 00•18 '=,rW N m 51.90 _ _z 252.43 V= S• 2 3 S 51.2. 98I2 .98 W S 44.42 '00' W S 02015'18'W 318.82 - 49.31 FF::' 0.432 ACRE ( 18,806 S.F. ) LOT IR ' D - 60.00'00' `— R = 240.00 J/ T 138.56 LOT 3R L = 251.33 CFS = S 21.26'34' W 240.00 NOTE, THE EASTERLY AND SOUTHEASTERLY LMTS OF DRAINAGE EASEMENT IS 1.00 FEET OFF BOX CULVERT. BLOCK I SOUTHLAKE CROSSING — PHASE I CABINET A, SLIDE 1613 P. R. T. C. T. N 25.37'49' E 5.08- 24. E 196.36 S DRAINAGE ESMT. V. 9614.P. 1733 / D.R.TR.T.C.T. LOT 2R RANDOL MILL 00 0 9 F AVENUE COPYRIGHT O WER 8 ASSOCIATES, INC._ LAST SHEET EDIT DATE 07-27-94 FILE EXHBS VINAt WA# 93021 WIER & ASSOCIATES INC.IIIIIIIIIIIIIIII