A-1511 (5F1)
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EASEMENT NO. DACW63-2-03-0S95
L_
EASEMENT FOR DRAINAGE IMPROVEMENT
DEPARTMENT OF THE ARMY
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 2668, having found that the granting of this
easement is not incompatible with the public interest, hereby
grants to City of Southlake, 1400 Main Street, Southlake, Texas
76092, hereinafter referred to as the grantee, for a drainage
easement of 0.18 acres, 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 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 twenty five
(25) years, beginning 1 May 2003, and ending 30 April 2028.
2. CONSIDERATION
The consideration of this easement shall be the construction,
operation and maintenance of a drainage improvement for the
benefit of the United States and the general public in accordance
with the terms herein 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, 1400 Main Street, 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, 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 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", 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 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
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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
:1
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 anyone 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
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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
officer, all soil and water conservation structures that may be
in existence upon said premises at the beginning of or that may
be con5tructed 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 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 D.S.C. ~ 2000d)i the
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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.
23. ADDED CONDITIONS
a. If historical or cultural resources are discovered during
construction, the grantee must stop work immediately and notify
the Lake Manager.
b. In an effort to reduce environmental impacts and future
fragmentation of natural resources, the grantee must allow other
utility easements to be placed within the existing easement,
provided that any future easement will not, in the opinion of the
District Engineer, interfere with the use of the premises by the
grantee.
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THIS EASEMENT is not subject to Title 10, United States Code,
Section 2662, as amended.
IN WITNESS WHEREOF, I have hereun~ s~~'m.y hand by authority
of the Secretary of the Army, this ,~ day of
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THIS EASEMENT is also executed by the grantee this
/9 fit day of Md.'] Zo-o ~ .
City of Southlake
Q~~/D'~~ 06~~bl..(. W.JGI\
(Name/Title)
City of Southlake
~<lAjj / D 1'N-clo( 0{; p~bl,,( \^to~\~
Name/Title
STATE OF TEXAS
COUNTY OF TARRANT
Before me, -'1t.rt.A ~ ~iX\C\t. W~,bs1ER , on this day personally appeared
R:q({)rf\ \=o..rOJ\~ , known to me (or proved to me on the oath of
or through to be the person whose name is
subscribed to the foregoing instrument and acknowledged to me that he executed the
same for the purposes and consideration therein expressed.
Given under my hand and seal of office this ~ ')(J;
(Seal)
",~QfI"1
l~~~..v~~t~~ KAREN YVONNE WEBSTER
i : : ~ Notary Public, state of Texas
\:t.... .;.~:l My Commission expires
",:..~[.~~..., January 17, 2006
C E R T I F I CAT E
I,
<!.~o Y" I ( ~ ~Jk..d.- S
, certify that I am the
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gJt~rM_~c..r- of the City of Southlake named as Grantee
That Pe-dId.Jh. Pa..r~V1a-J::::- who signed this
.
herein.
Easement on behalf of the Grantee was then
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PuPI/~ {.LJo~ Olr~/or of the City of Southlake, and that
said Easement was duly signed for and behalf of the City of
Southlake by authority of its governing body and is within the
scope of its legal powers.
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Note: Someone other than the individual who executes the
easement must complete this certificate.
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EXHIBIT 'B'
DRAINAGE EASEMENT
Field Notes
BEING a 0.111 acre tract ofland situated in the F. THROOP SURVEY, ABSTRACT
No. 1511, City of Southlake, Tarrant County, Texas, and being a strip of land over,
through, and across a tract of land by deed to the United States of America, as recorded in
Volume 2334, Page 97, Deed Records, Tarrant County, Texas (DRTCT), and being more
particularly described by metes and bounds as follows:
BEGINNING at a point for the northwest corner of the herein described easement, said
point being S 26055'00" W, a distance of 121.00 feet from the northwest comer of said
U.S.A. tract;
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
South 82 degrees 30 minutes 30 seconds East, a distance of 64.32 feet, to a
point for easement comer in the centerline of a creek, said point being by
deed call S 06023 '30" W, 117.00 feet from the northwest comer of a tract
ofland by deed to l.W. Tanner as recorded in Volume 6245, Page 853,
DRTCT;
South 19 degrees 26 minutes 09 seconds West, a distance of 34.39 feet, to
a point for easement corner in the centerline of a creek;
South 23 degrees 20 minutes 10 seconds West, a distance of 30.49 feet, to
a point for easement corner in the centerline of a creek;
South 35 degrees 28 minutes 05 seconds West, a distance of 44.15 feet, to
a point for easement corner, said point being in the north line of Dove
Road, said point also being the most southerly southeast comer of said
U.S.A. tract;
North 46 degrees 41 minutes 16 seconds West, along the north line of said
Dove Road a distance of39.40 feet to a point for easement comer;
North 33 degrees 38 minutes 30 seconds East a distance of39.27 feet to a
point for easement comer;
North 64 degrees 01 minutes 01 seconds West, a distance of 27.28 feet to a
point for easement comer in the east line of Lonesome Dove Avenue;
North 26 degrees 55 minutes 00 seconds East, along the east line of said
Lonesome Dove Avenue a distance of 37.12 feet, to the POINT OF
BEGINNING, containing 4,859 square feet or 0.111 acres ofland, more or
less.
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EXHIBIT 'B'
DRAINAGE EASEMENT
Field Notes
BEING a 0.059 acre tract ofland situated in the F. THROOP SURVEY, ABSTRACT
No. 1511, City of South lake, Tarrant County, Texas, and being a strip ofland over,
through, and across a tract of land by deed to the United States of America, as recorded in
Volume 2323, Page 82, Deed Records, Tarrant County, Texas (DRTCT), and being more
particularly described by metes and bounds as follows:
BEGINNING at a point in the centerline of a creek for the northwest comer of the herein
described easement, said point being the northwest comer of said U.S.A. tract, said point
also being described as being S 06023'00" W, 117.00 feet from the northwest comer ofa
tract ofland by deed to lW. Tanner as recorded in Volume 6245, Page 853, DRTCT;
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
THENCE
South 21 degrees 38 minutes 00 seconds East, along the northeast line of
said U.S.A. tract a distance of29.78 feet, to a point for easement comer;
South 20 degrees 06 minutes 43 seconds West, a distance of 77.36 feet, to
a point for easement comer;
South 04 degrees 04 minutes 53 seconds East, a distance of 29.73 feet, to a
point for easement comer in the north line of Dove Road;
North 46 degrees 41 minutes 16 seconds West, along the north line of said
Dove Road a distance of 48.97 feet to a point for easement comer, said
point being the southwest comer of said U.S.A. tract;
North 35 degrees 28 minutes 05 seconds East a distance of44.15 feet to a
point for easement comer in the centerline of a creek;
North 23 degrees 20 minutes 10 seconds East, a distance of 30.49 feet to a
point for easement comer in the centerline of a creek;
North 19 degrees 26 minutes 09 seconds East, a distance of 34.39 feet, to
the POINT OF BEGINNING, and containing 2,585 square feet or 0.059
acres of land, more or less.
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