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Grapevine Lake (Lot C-205) - Easement for Pipeline Right of WayEASEMENT NO. DACW63-2-00-0775 REPLACES DACW63-2-95-0589 DEPARTMENT OF THE ARMY EASEMENT FOR PIPELINE RIGHT-OF-WAY LOCATED ON GRAPEVINE LAKE TARRANT COUNTY, TEXAS THE SECRETARY OF THE ARMY under and by virtue of the authority vested in the Secretary by Title 10 United States Code, Section 2669, having found that the granting of this easement will be in the public interest and will not substantially injure the interests of the United States, hereby grants to the City of Southlake, hereinafter referred to as the grantee, an easement for the operation and maintenance of a sanitary sewer pipeline and lift station across tract C-205, hereinafter referred to as the facilities, over, across, in and upon lands of the United States as identified in Exhibits A and B, hereinafter referred to as -he 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 fifty years beginning March 1, 2000, and ending February 28, 2050. 2. CONSIDERATION The consideration for this easement shall be the operation and maintenance of the sewer pipeline and lift station for the benefit of the general public in accordance with the terms and condition hereinafter set forth. 3. NOTICES All correspondence and notices to be given pursuant to this easement shall be addressed, if to the grantee, to City of Southlake, Director of Public Works, 667 North Carroll Ave., Southlake, TX 76092, and, if to the United States, to the District Engineer, Attention: Chief, Real Estate Division, CESWF- RE-M. P. O. Box 17300, Fort Worth, TX 76102-0300, or as may from time to time otherwise be directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in a properly sealed envelope or wrapper addressed as afore/said, and deposited postage prepaid in a post office regularly maintained by the United States Postal Service. 4. AUTHORIZED REPRESENTATIVES Except as otherwise specifically provided, any reference herein to "Secretary", "District Engineer", or "said officer" shall include their duly authorized representatives. Any reference to "grantee" shall include assignees, transferees and their duly authorized representatives. 5. SUPERVISION BY THE DISTRICT ENGINEER The construction, operation, maintenance, repair or replacement of 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, knows the condition, and understands that the same is granted without any representation or warranties whatsoever and without any obligation on the part of the United States. 8. INSPECTION AND REPAIRS The grantee shall inspect the facilities at reasonable intervals and immediately repair any defects found by such inspection 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 the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United 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 said 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, agents, 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 connection with government purposes, and the grantee shall have no claim for damages on account thereof against the United States or any officer, agent, or employee thereof. 11. TRANSFERS AND ASSIGNMENTS Without prior written approval by said District Engineer, the grantee shall 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 this easement shall extend to and be binding upon and shall inure to the benefit of the representatives, successors and assigns of the grantee. 12. INDEMNITY The United States shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or for damages to the property or injuries to the person of the grantee's officers, agents, or employees or others who may be on the premises at their invitation or the invitation of any one of them, and the grantee shall hold the United States harmless from any and all such claims not including 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 those subsequently granted as well as established access routes for roadways and utilities located, or to be located, on the premises, provided that the proposed grant of any new easement or route will be coordinated with the grantee, and easements will not be granted which will, in the opinion of said officer, interfere with the use of the 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, provided that payment for such service will be made by the United States at rates which shall be mutually agreeable but which shall never exceed the most favorable rates granted by the grantee for similar service. 15. RELOCATION OF FACILITIES In the event all or any portion of the premises occupied by the said facilities shall be needed by the United States, or in the event the existence of said facilities is determined to be detrimental to governmental activities, the grantee shall from time to time, upon notice to do so, and as often as so notified, remove said facilities to such other location on the premises as may be designated by said officer. In the event said facilities shall not be removed or relocated within ninety (90) days after such notice, the United States may cause such relocation at the sole expense of the grantee. 16. TERMINATION This easement may be terminated by the Secretary upon 30 days written notice to the grantee if the Secretary shall determine that the right-of-way hereby granted interferes with the use or disposal of said land 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 (2) years, or for abandonment. 17. SOIL AND WATER CONSERVATION The grantee shall maintain, in a manner satisfactory to said off:,-cer, all soil and water conservation structures that may be in existence upon said premises at the beginning of or that may be constructed by the grantee during the term of this easement, and the grantee shall take appropriate measures to prevent or con'..rol soil erosion within the right-of-way herein granted. Any soil erosion occurring outside the premises resulting from the act-Lvities of the grantee shall be corrected by the grantee as directed by said officer. 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 laws, regulations, conditions or instructions affecting the activity hereby authorized if and when issued by the Environmental Protection Agency, or any Federal, state, interstate or local governmental agency having jurisdiction to abate or prevent pollution. 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 governmental agency are hereby made a condition of this easement. The grantee shall not discharge waste or effluent from the premises in such a manner that the discharge will contaminate streams or other bodies of water or otherwise become a public nuisance. b. The use of any pesticides or herbicides within the premises shall be in conformance with all applicable Federal, state and local laws and regulations. The grantee must obtain approval in writing from said officer before any pesticides or herbicides are applied to the premises. C. The grantee will use all reasonable means available to protect 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 a. The grantee shall not discriminate against any person or persons because of race, color, age, sex, handicap, national origin or religion. b. The grantee, by acceptance of this easement, is receiving a type of Federal assistance and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C. 2000d); the Age Discrimination Act of 1975 (42 U.S.C. 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 300) issued as Department of Defense Directive 5500.11 and 1020.1, and Army Regulation 600-7. This assurance shall be binding on the grantee, its agents, successors, transferees, and assignees. 21. RESTORATION On or before the expiration or termination of this easement, the grantee shall, without expense to the United States, and within such 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 or 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 Department of the Army permit which may be required pursuant to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (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. 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 ofh-lJr'�ai` , Hy,�4 J . z%'MEAD \ Chief, Real Estate Division THIB BASEMENT is also executed by the grantee this jl day of QQQ City of Southlake CERTIFICATE I, certify that I am the of the city of Southlake, named as a grantee herein• that who signed this Easement on behalf of the city of Southla e, was then of the city of Southlake and that said Easement was duly signed for and on behalf of the city of Southlake by authority of its governing body and is within the scope of its legal powers. E4 d f `r��rEa (Tit NOTE: Please have someone other than the person who signs the Easement, sign this form. o � 0 C.L. PROPOSED SANITARY SEWER F'.0.B. ryryo Original Scale : 1 " = 20 0 10 20 40 Graphic Scale in Feet UNITED STATES OF AMERICA VOL. 2334, PG. 97 5/a" J.P.S. D. R., T. CO., TX. sA �, 0.24 ACRE 0s \ Area = 0.013 Acre \ .. ""--or 547 Square Feet c�ti 0 �-;� oo Q f R -f9 r p`��1'ST''!•� JAMES BARTLETT 'Lp'�f •s u � N PREPARED FROM A SURVEY ADE ON THE GROUND 0 23, 1995 JAM;UARY W. BARTLETT R.P.L.S NO. 1897 5/8" I.P.S. h 5 .5/8" I.P.S. SURVEY OF A 0.013 ACRE TRACT OF LAND IN THE FRANCIS THROOP SURVEY, A-1511 TARRANT COUNTY, TEXAS (SEE ATTACHED FIELD NOTES) VE— MPCO, N C. suRVErnc-u,�rac-rcca,�,, T,vN�8 S. MAIN ST.FORT WORTH,TX76110-4278: (817)926-7876 FAX: (817)926-7878 Project No. 6107FME1 EXHIBIT 'A' SEMPL J, INC. James W. Bartlett, R.S. David A. Watson, R.S., L.S.L.S. David A White, R.S. Cl SURVEYING — M^r-PING — PLANNING — CONSULTANTS FIELD NOTES Fred A. Barnett, R.S. - Consultant January 26, 1995 All that certain lot, tract or parcel of land in the FRANCIS THROOP SURVEY, Abstract 1511, Tarrant County, Texas, being a portion of that certain 0.24 acre tract of land conveyed to the United States of America by the deed recorded in Volume 2334, Page' 97, Deed Records, Tarrant County, Texas (D.R., T.Co., Tx.) and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron pin set that bears North 27 degrees 10 minutes 28 seconds East 16-21/100 feet along the East right-of-way (R/W) line of Lonesome Dove Rd. from a concrete monument found at the intersection of the East R/W line of Lonesome Dove Rd, and the Northeast R/W line of Dove Rd.; THENCE North 27 degrees 10 minutes 28 seconds East with the East R/W line of said Lonesome Dove Rd., 21-37/100 feet to a 5/8 inch Iron pin set; THENCE departing said East R/W line, South 42 degrees 12 minutes 05 seconds East 31-14/100 feet to a 5/8 inch iron pin set; THENCE South 47 degrees 47 minutes 55 seconds West 20-00/100 feet to a 5/8 inch iron pin set; THENCE North 42 degrees 12 minutes 05 seconds West 23-61/100 feet to the place of beginning, containing in all some 0.0'13 acre of land or 547 square feet. f Prepared from a survey made on the ground January 23, 1995. J nes W. Bartlett .P.L.S. No. 1897 (See attached map) 3208 SOUTH MAIN ST., FORT WORTH, TX 76110 (817) 926.7876 METRO 429-6787 FAX 926-7878 1203 NW LOOP 281 LONGVIEW, TX 75604 (903) 295.1776 MOBILE (903) 738-4784 EXHIBIT 'B'