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Loch Meadows Estates (Block 1) - Permanent Utility EasementOFFICIAL RECORD NO. DACW63-2-04-0680 DEPARTMENT OF THE ARMY EASEMENT FOR PIPELINE RIGHT-OF-WAY LOCATED ON GRAPEVINE LAKE TARRANT COUNTY THE SECRETARY OF THE ARMY under and by virtue of the authority vested in the Secretary by Title 10 United States Code, Section 266'_�, havinca found that the granting of this easement will be in the pub is interest and wi11 not substantially injure the interests of ~he United States, hereby grants to, the City of Southlake, 1400 Main. Street, Suite 321, Southlake, Texas 76092, hereinafter ret_�rred to as the grantee, a 15 foot wide easement for a 12 inch sewer line, hereinafter- referred to as the facilities, over, acrss, in -ind upon lands of the United States as identified in Exhibit A and described in Exhibit B, hereinafter referred to as the premises, and which are attached hereto and made a part hereof. THIS EASEMENT is granted subject to the following conditions. 1. TERM This easement is hereby granted for a term of 25 years beq__nning July 7, 2004, and ending July 6, 2029. 2. CONSIDERATION a. The grantee shall pay in advance to the United States the amount of Five Hundred Ninety-five Dollars ($595.00) in full for the term hereof to the order of the Finance and Accounting CfE,cer, Fort Worth Cistrict ATTN: CESWF-RE-M and delivered to Post Cffice Box 1730C, Fort Worth, TX 76102-0300. b. A1__ consideration and other payments due under the terms c, his easement must be paid on or before the date they are due in -rder to avoid the mandatory sanctions imposed by the Debt Col'ect:_on Act of 1902, 31 U.S.C. Section 3717. This statute rea.Ares the imposition of an interest charge for the late pa�ment of handling delinquent debts, and the assessment of an ,:daitional Penalty charge on any portion of a debt that is more than 90 days past due. so Z'd voftlmq The provisions of the statute will be implemented as follows: (1) The United States will impose an interest charge, the amount to be determined by law or regulation, on late payment of debts. Interest will accrue from the due date. An administrative charge tc cover the cost of processing and handling each payment will also be imposed. (2) In addition to the charges set forth above, the United States will impose a penalty charge of six percent (60) per annum on any payment, or portion thereof, more than ninety (90) days pass_ due. The penalty shall accrue from the date of the delinquency and will continue to accrue until the debt is paid in fu1 . 3) All payments received will be applied first to any accumulated interest, administrative and penalty charges and then to any unpa_.d rental or other payment balance. Interest will not a(c--ue on any administrative or late payment penalty charge. 3. NOTICES All correspondence and notices to be given pursuant to this casement shall be addressed, if to the grantee, to the City of Sou-hlake, 1400 Main Street, Suite 320, Southlake, Texas 76092, and, if to the United States, to the District Engineer, Attention: chief, Real Estate Division, CESWF-RE-M, Post office Box 17300, Fort Worth, Texas 76102-0300, or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been dale given if and when enclosed in a properly sealed envelope or wrapper addressed as aforesaid, and deposited postage prepaid in a post office regular'-y maintained by the United States Postal Service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein ?-o secretary "District Engineer Installation Commander or "said officer" shall include their duly authorized representatives. Any rreference to "orartee" shall include assignees, transferees and their duly authorized representatives. 5. SUPERVISION BY THE DISTRICT ENGINEER The construction, operation, maintenance, repair or replacement f said facilities, including culverts and other drainage facilities, shall be performed at no cost or expense to the United States and subject to the approval of the District Engineer, Fort Worth District, hereinafter referred to as said officer. Upon the completion of any of the above activities, the Grantee shall immediately restore the premises to the satisfaction of said officer. The use and occupation of the premises for the purposes herein granted shall be subject to such rules and regulations as said officer prescribes in writing from time to time. 6. APPLICABLE LAWS AND REGULATIONS The grantee shall comply with all applicable Federal, state, county and municipal laws, ordinances and regulations wherein the premises are located. 7. CONDITION OF PREMISES The grantee acknowledges that it has inspected the premises, �:r ows the r;onditlon, ano unaerstanas LnaL Lne same Ls ytaiiLeu without any representation, or warranties whatsoever and without any cb1_gation „n the part of the United States. 8. INSPECTION AND REPAIRS The grantee shall inspect the facilities at reasonable ntervals and immediately repair any defects found by such --nspection or when required by said officer to repair any such defects. 9. PROTECTION OF GOVERNMENT PROPERTY The grantee shall be responsible for any damage that may be Caused to the property of the United States by the activities of the grantee under this easement and shall exercise due diligence in _he protection of all property located on the premises against sire or damage from any and all other causes. Any property of the Jn,_ted States damaged or destroyed by the grantee incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the grantee to a condition satisfactory to �,aLd officer, or at the election of said officer, reimbursement made therefor by the grantee in an amount necessary to restore or replace the property to a condition satisfactory to said officer. 10. RIGHT TO ENTER The right is reserved to the United States, its officers, aq:nt5l and employees to enter upon the premises at any time and for any purpose necessary or convenient in connection with government purposes, to make inspections, to remove timber or other material, except property of the grantee, to flood the premises and/or to make any other use of the lands as may be necessary in -orinection with government purposes, and the grantee shall have no claim for damages on account thereof against the United States or anv officer, agent, or employee thereof. W314451 oU �b2 11. TRANSFERS AND ASSIGNMENTS Without prior written approval by said District Engineer, the jiar,'ee shal neither transfer nor assign this easement or any part thereof nor grant any interest, privilege or license whatsoever in connection with this easement. The provisions and conditions of tr_is easement shall extend to and be binding upon and shall inure to trIe benefit of the representatives, successors and assigns of tree irantee. 12. INDEMNITY "he United States shall riot be responsible for damages to property or injuries to persons which may arise from or be incident to t1ie exerc-:_se of the privileges herein Granted, or for damages to tl�e property or injuries to the person of the grantee's officers, ager;J_s, or employees or others who may be on the premises at their i_i.v-J,,-ation or the invitation of any one of them, and the grantee shall_ ho_1d the United States harmless from any and all such claims n(;t jncliadin,j damages due to the fault or negligence of the United States or its contractors. 13. SUBJECT TO EASEMENTS This easement is subject to all other existing easements, or Subsequently granted as well as established access routes for r,;adwa,s and utilities located, or to be located, on the premises, prc;vided that the proposed grant of any new easement or route will bE coordinated with the grantee, and easements will not be granted w}�__ch will,n the opinion of said officer, interfere with the use of t:he premises by the grantee. 14. REQUIRED SERVICES The grantee shall furnish through said facilities such services as may be required from time to time for governmental purposes, pro-jided that payment for such service will be made by the United States at rates which shall be mutually agreeable but which shall nev,=r exceea the most favorable rates granted by the grantee for s im: '.-ar serv-I ce. 15. RELOCATION OF FACILITIES In the event all or any portion of the premises occupied by the saki facilities shall be needed by the United States, or in the evert the existence of said facilities is determined to be detrimental to governmental activities, the grantee shall from time tc> time, upon notice to do so, and as often as so notified, remove sa:id facilit-ies to such other location on the premises as may be oesgnated ky said officer. In the event said facilities shall not wg31051 P. 4 C� Wt k,-H- emoved >r relocated within ninety (90) day's'—K? e?"-3-Ach thF United 'sates may cause such relocation at the sole expense of the grantee. 16. TERMINATION This easement may be terminated by the Secretary upon 30 days wri-ten noti.ce to the grantee if the Secretary shall determine that the right-o}-way hereby granted interferes with the use or disposal o;- said lard by the United States, or it may be revoked by the Secretary for failure of the grantee to comply with any or all of the conditions of this easement, or for non-use for a period of two ) years, or for abandonment. 17. SOIL AND WATER CONSERVATION The grantee shal'- maintain, in a manner satisfactory to said officer, all soil and water conservation structures that may be in existence upon said premises at the beginning of or that may be c,or.�tructed by the grantee during the term of this easement, and the grantee shall take appropriate measures to prevent or control soil erosion within the right-of-way herein granted. Any soil erosion occurring outside the premises resulting from the ,activities of the grantee shall be corrected by the grantee as directed by said off-.-cer. 18. ENVIRONMENTAL PROTECTION a. Within the limits of their respective legal powers, the parties hereto shall protect the premises against pollution of its air, ground, and water. The grantee shall promptly comply with any _aws, regulations, conditions or instructions affecting the <A tivity hereby authorized if and when issued by the Environmental rotection Agency, or any Federal, state, interstate or local 4o,,-rnmentaI agency having jurisdiction to abate or prevent po_1.ution. The disposal of any toxic or hazardous materials within the premises is strictly prohibited. Such regulations, conditions, or instructions in effect or prescribed by the said Environmental =protection Agency or any Federal, state, interstate or local go­rnmental agency are hereby made a condition of this easement. "h,e grantee shall not discharge waste or effluent from the premises _n such a manner that the discharge will contaminate streams or ether bodies of water or otherwise become a public nuisance. b. The use of any pesticides or herbicides within the premises be in conformance with all applicable Federal, state and oval laws and regulations. The grantee must obtain approval in ,,;rating from said officer before any pesticides or herbicides are applied to the premises. 6 ►2 W014d31 P. 0� C. The grantee will use all reasonable means available to orotect the environment and natural resources, and where damage nonetheless occurs arising_ from the grantee's activities, the grantee shall be liable to restore the damaged resources. 19. HISTORIC PRESERVATION The grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any historical, archeological, architectural or other cultural artifacts, relics, remains or objects of antiquity. In the event such items are discovered on the premises, the grantee shall immediately notify said officer and protect the site and material from further disturbance until said officer gives clearance to proceed. 20. NON-DISCRIMINATION Fhe grantee shall not discriminate against any person or persons because of race, color, age, sex, handicap, national origin, or religion in the conduct of operations on the premises. 21. RESTORATION On or before the expiration or termination of this easement, the grantee shall, without expense to the United States, and within sucr time as said officer may indicate, remove said facilities and restore the premises to the satisfaction of said officer. In the event the grantee shall fail to remove said facilities and restore the premises, the United States shall have the option to take over said facilities without compensation, or to remove said facilities and perform the restoration at the expense of the grantee, and the grantee shall have no claim for damages against the United States cr its officers or agents for such action. 22. DISCLAIMER This instrument is effective only insofar as the rights of the United States in the property are concerned, and the grantee shall obtain such permission as may be required on account of any other existing rights. It is understood that the granting of this easement does not eliminate the necessity of obtaining any L)epartment of the Army permit which may be required pursuant to the urovisions of Section 10 of the Rivers and Harbors Act of 3 March 8U' '30 Stat. 1151; 33 U.S.C. 403) , Section 404 of the Clean Water Act (33 U.S.C. . 1344) or any other permit or license which may be required by Federal, state or local statute in connection with use of the premises. 23. ADDED CONDITION If historical or cultural resources are discovered during construction, the grantee must stop work immediately and notify the Lake Manager. THIS EASEMENT is not subject to Title 10, United States Code, Section 2662, as amended. IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of the Army, this day of 2004. BOBBY J. CAMP ACTING CHIEF, REAL ESTATE DIVISION THIS EASEMENT is also executed by the grantee this J- day of ---- K, 2004. City of Southlake STATE OF TEXAS } } SS. ACKNOWLEDGMENT COUNTY OF TARRANT } On this the _ day of , 2004, before me, the undersigned office., personally appeared the within named BOBBY J. CAMP, Acting Chief of the Real Estate Division, United States Army Corps of Engineers, Fort Worth District, on behalf of the United :Mates of America, and known to me to be the person whose name is subscribed to the foregoing instrument by virtue of -he above -cited authority and acknowledged to me that she executed the same in such capacity for the purposes and consideration therein expressed. given under my hand and seal this 20C4. KENNETH H. PRICE Notary Public, State of Texas My Commission Expires August 12, 2006 day of Notary Public, State of Texas My Commission Expires: Printed Name: 0�31�a3'1 .6 0� DZ � CERTIFICATE I, certify that I am the (2 of City of Southlake, named as a grantee herein; that who signed this agreement, on behalf of the City of Southlake, was then G2ircc iv'- o- Pu6l,G &,og rSof City of Southlake, and that said agreement was duly signed for and on behalf of City of Southlake, by authority of its governing body and is within the scope of its legal powers. Date e (Titldj NOTE: Please have someone other than the person who signs the agreement, complete and sign this form. D2oa314431 p: K`� j� Lot 4 w No. Block 1, LOCH MEADOWS w ESTATES, Cabinet A, Slide-,5Q7.4Ln — I u i I O) N Lot 3 12 San. Sewer) I z (D N 89' 08' 05" E 228.55 M• H• I O I S 89'08'05" W 228.51 N 0-58'01" W 15.00 ........... United States Volume 2378, e; S 8901516" ' 68.3 S 0' 44' 44" E of America,.. . Page 537 E Plat Showing A 15' Utility Easement in the Joel Chivers Survey, Abstract No. 350 City of Southlake, Tarrant County, Texas. See Attached Description Scale: 1 "=40' Prepared April 27, :AREA SURVEYING, INC 2004 Registered Professional Land Surveyors — M 135 Sheffield Drive Phone 817 293-5684 - Fort Worth, TX 76134 Fax (817� 293-5685 COPYRIGHT 2004, AREA SURVEYING, INC. l�2ba31�3`1 �• � XHIBIT A 10 dE 12 Area Surveying, Inc. REGISTFREI) PROFESSIONAL LAND SURVEYORS 135 Sheffield Drive Fort Worth, TX 76134 817-293-5684 FIELD NOTES Description for a fifteen feet (15') wide Utility Easement in the JOEL CHIVERS SURVEY, ABSTRACT NUMBER 350, City of Southlake, Tarrant County, Texas, and being a portion of a tract of land described in a deed to the United States of America, recorded in Volume 2378, Page 537, Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows; BEGINNING at a concrete monument found for the northwest corner of said United States of America tract; THENCE North 89 degrees 08 minutes 05 seconds East a distance of 228.55 feet along the north line of said United States of America tract and along the south line of Block 1, LOCH MEADOWS ESTATES, according to the plat recorded in Cabinet A, Slide 5074, Plat Records, Tarrant County, Texas; THENCE North 89 degrees 15 minutes 16 seconds East a distance of 68.32 feet continuing along the south line of Block to a concrete monument found for the northeast corner of said United States of America tract; THENCE South 00 degree 44 minutes 44 seconds East a distance of 15.00 feet; THENCE South 89 degrees 15 minutes 16 seconds West a distance of 68.32 feet; THENCE South 89 degrees 08 minutes 05 seconds West a distance of 228.51 feet to the west line of said United States of America tract; THENCE North 00 degree 58 minutes 01 seconds West a distance of 15.00 feet along the west line of said United States of America tract to the POINT OF BEGINNING. Prepared April 27, 2004 C, \Pfo,ectsN42667 _ Docs\Corps of Engmers Easement Field Notes.doc 11 dF 11� �20�3vO p Pace I of I EXHIBIT B By: CITY OF SOUTHLAKE 1400 MAIN STREET SUITE 270 SOUTHLAKE TX 76092 Submitter: CITY OF SOUTHLAKE - ZSLKE-001 SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration Instrument # 10/07/2004 03:17 PM D204314437 OPR VS PGS 12 11111111111111 IIII IIIII IIIII IIIII IIIM111l 111111111111111111111 IIII III D204314437 $36.00 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.