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Grapevine Lake (Lot C-205) - Easement for Sanitary Sewer Lift StationRECORD EASEMENT NO. DACW63-2-95-0589 DEPARTMENT OF THE ARMY EASEMENT FOR SEWER LIFT STATION LOCATED ON GRAPEVINE LAKE, 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, a municipal corporation, organized pursuant to the laws of the State of Texas, hereinafter referred to as the grantee, an easement for a sewer lift station, hereinafter referred to as the facilities, over, across Tract No. C-205, Grapevine Lake, Texas, in and upon lands of the United States as identified in Exhibits A and 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 five (5) years, beginning on 1 March, 1995, and ending on 28 February, 2000. WON Fly The United states willi"esee h_Nt determined by lass er regulat}en late payment ..E (2) ifi additien te the ehar-ges set <.._th aheve, the r4n _a 3. NOTICES All notices to be given pursuant to this easement shall be addressed, if to the grantee, to Robert Whitehead, Director of Public Works, City of Southlake, Southlake, Texas 76092; and, if to the United States, to the District Engineer, Attention: Chief, Real Estate Division, CESWF-RE-MM, 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 duly given if and when enclosed in a properly sealed envelope or wrapper addressed as aforesaid, 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," "Installation Commander," 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. '�!ONDITION 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 work, to make inspections, to remove timber or other material, except property of the grantee, 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 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 of disposal of said land by the United States, or it may be revoked by the Secr9tary 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 officer, 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 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 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 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. PRELIMINARY ASSESSMENT SCREENING A Preliminary Assessment Screening (PAS) documenting the known history of the property with regard to the storage, release or disposal of hazardous substances thereon, is attached hereto and made a part hereof as Exhibit B. Upon expiration, revocation or ..termination of this easement, another PAS shall be prepared which will document the environmental condition of the property at that time. A comparison of the two assessments will assist the said officer in determining any environmental restoration requirements. Any such requirements will be completed by the grantee in accordance with the conditions on restoration. 20. PRESUMPTION OF ENVIRONMENTAL LIABILITY The grantee acknowledges that it has reviewed and carefully evaluated the technical environmental reports prepared by, or on behalf of, the Army, the grantee, and others prior to accepting this instrument, that it has inspected and accepts the physical condition and current level of environmental hazards on the property and deems the property to be safe for the grantee's intended use, human health, and the environment in general. The grantee's acknowledgement of the condition of the property creates a presumption that any substance discovered on the property after the date hereof is related solely to the activity of, caused, deposited, or created by the grantees, its successors, or assigns. The consideration for this instrument has been negotiated to eliminate and bar all claims by the grantee or others against the United States arising out of or in any way predicated upon the activities of the grantees or substances released by the grantee. In the event any such claims against the United States are brought, the grantee agrees to hold harmless, indemnify, and defend the United States from and against all claims, demands, losses, damages, liens, liabilities, injuries, deaths, penalties, fines, lawsuits and other proceedings, judgements, awards and costs and expenses, including legal expenses, in any manner predicated upon, the presence, release, or threatened release of any hazardous substance, pollutant, or contaminant arising out of the activities of the grantees, its successors or assigns. 21. 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. 22. NON-DISCRIMINATION The 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. 23. 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. 24. 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. Section 403) , Section 404 of the Clean Water Act (33 U.S.C. Section 1344) or any other permit or license which may be required by Federal, state or local statute in connection with use of the premises. 25. ADDED CONDITIONS A. All manholes used for maintenance are above the 560 feet National Geodetic Vertical Datum (NGVD). B. The Contractor will be responsible for any damage to Government property. If any guard post and cable are removed, it will be put back on the property line. C. Any Government property that is disturbed will be reseeded and restored to its natural environment. Prior to execution of this easement, Condition 2 was deleted and Condition 25 was added. THIS EASEMENT is not subject to Title 10, United States Code, Section 2662, as amended. IN WIT�JESS WHEREOF, I have hereunto s4 my hand by authority of the Se tary of the Army, this y� day of 14 % 19 HYI,4 J. AD '/ C ef, Real Estate Division THIS EASEMENT is also executed by the grantee this day of 1995. THE CITY A SOUTHLAKE BY: f (Title) STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged befcre me on this �: V day of 1995 by J. on behalf cf the U. S. Army Corps of Ena neers as the Chief of Real Estate Division, Fort Worth District, Texas. Notary Public State of Texas (Print Name) Notary's Commission Expires �_ �Mr SUSAN N. MARTEAELLA * � * NOUry Mblic STATE OF TEXA$ My Comm. Exp, 10/22/97 STATE OF TEXAS COUNTY OF TARRANT 19 This instrument wasacknowledgedbefore me on the 016, day of 199v , by C. as of on behalf of Notary Public e SMMaa L LEGMD NOTARY PUBLIC State of Texas ( Print Name) Comm. EMp, 024*97 Notary's Commission Expires: 0 CERTIFICATE OF AUTHORITY I (�"�akrtify that I C, /�jam the of City of Southlake, that �4 A (,�pyI j who signed the foregoing instrument on behalf of the grantee was then d&JUAW City of Southlake. I further certify that the said officer was acting within the scope of powers delegated to this officer by the governing body of the grantee in executing said instrument. Date �y�JZHIA!(F%ee` ' >�7� (Title) =..a cn m mo z °' - • z g ci � 0 a PRELIMINARY ASSESSMENT SCREENING 1. REAL PROPERTY TRANSACTION: The Corps proposes to grant to the City of Southlake, Texas, permission to place a sewer lift station on Tract No. C-205, Lake Grapevine, Texas. a. A COMPREHENSIVE RECORDS SEARCH was conducted which included a review of the following areas: files. 1) Real Estate Division files. 2) Real Estate Division maps. 3) Operational Management Plan. 4) Master Plan. 5) Operations Division files. 6) Safety and Occupational Health and Safety Office 7) Engineering Division files. b. A SITE INVESTIGATION was performed on 31 March, 1995 and evaluated the following areas: 1) Visual inspection of existing conditions. 2) Interview with Project Office personnel. 2. STATEMENT OF FINDINGS a. COMPREHENSIVE RECORD SEARCH SUMMARY A complete search of the District files which pertain to the proposed area was made as stated in l.a. above. This records search revealed no evidence of any hazardous substance being stored, released or disposed of on the property involved. The operating.plans and historical records also showed no evidence of any activity which would have contaminated the property with hazardous substances. b. SITE INVESTIGATION SUMMARY A site investigation of the proposed area was made as stated in l.b. above. This visual inspection revealed no unusual odors, stained soils, stressed vegetation, suspicious seepage, manmade land features, unnatural surface features or other evidence that would indicate the presence of hazardous wastes. Based on this inspection it was determined no hazardous substance has been stored, released of disposed of on the property inti-O'lved. Project personnel have no knowledge of past activities -Which might have created a hazardous situation. ���'l� d ands Prep red by: Maxine Edwards CESWF-RE-MM Approved/45y: GRyla J. Head Chief, Real Estate Division /� Dat � y.S Date