Item 5HCity of Southlake, Texas
MEMORANDUM
May 16, 2006
TO: Shana Yelverton, City Manager
FROM: Robert H. Price, P.E., Director of Public Works, x8097
SUBJECT: Sanitary Sewer Easement for the Cliffs at Clariden Ranch Subdivision
Action Requested: Authorize the acceptance of an easement granted by the Army Corps of
Engineers for a proposed sanitary sewer line connection to an existing
sewer on the Corps of Engineers property for the Cliffs at Clariden Ranch
subdivision.
Background
Information: The proposed sewer line from the Cliffs at Clariden Ranch subdivision
will connect to an existing Trinity River Authority (TRA) sewer line
located on the Corps of Engineers property. The proposed sewer line will
be eight (8) inches in diameter and constructed by a ten (10) inch
directional bore for approximately four hundred (400) feet to an existing
TRA manhole. The easement will be granted for a term of twenty five
(25) years beginning April 5, 2006, and ending April 4, 2031, as stated in
the easement document.
Financial
Considerations: A fee of $1,095 is required for the term of the easement, and will be paid
to the Army Corps of Engineers by the developer.
Citizen Input/
Board Review: None.
Legal Review: Acceptance of the easement must be approved by the City Council, per the
City Attorneys.
Alternatives: Approve or Deny.
Supporting
Documents: Location map.
Easement document from the Department of the Army.
Staff
Recommendation: Staff recommends that City Council authorize the acceptance of the sewer
line easement granted by the Army Corps of Engineers.
Staff Contact: Robert H. Price, P.E., Director of Public Works, x8097
N:ACristina's Documents\CMO Memos\CMO Memo for Council - TRA Easement (3).doc
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EASEMENT NO. DACW63-2-06-0771
DEPARTMENT OF THE ARMY
EASEMENT FOR SEWER LINE
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 is not incompatible with the public interest, hereby
grants to: City of Southlake, 1400 Main Street, Suite 320,
Southlake, Texas, 76092, hereinafter referred to as the grantee,
an easement for an eight (8) inch sanitary sewer line, 10"
directional bore, approximately 400 feet long, Tract C-259,
hereinafter referred to as the facilities, over, across, in and
upon lands of the United States as identified in Exhibits A, B
and C, 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 April 5, 2006, and ending April 4, 2031.
2. CONSIDERATION
The grantee shall pay in advance to the United States the
amount of One Thousand Ninety Five and No/100 Dollars ($1,095.00)
in full for the term hereof to the order of the Finance and
Accounting Officer, Fort Worth District and delivered to Post
Office Box 17300, ATTN: CESWF-RE-M, Fort Worth, Texas 76102-
0300.
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, 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, 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, including, but not limited to, the
provisions of the latest edition of the National Electrical
Safety Code (NESC) and the Environmental Protection Agency
regulations on Polychlorinated Biphenyls (PCB's).
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.
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 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 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
The Grantee shall not discriminate against any person or
persons because of race, color, age, sex, handicap, national
origin, or religion.
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.
22. ADDED CONDITIONS
a. If historical or cultural resources are discovered during
construction, the City must stop work immediately and notify the
Grapevine Lake Manager.
b. The Corps shall retain the right to grant permission for
other utilities to be placed within the easement, provided that
any future easements will not, in the opinion of the District
Engineer, interfere with the use of the premises by the grantee.
c. The granting of this easement does not authorize any
surface disturbance rights outside of the existing Trinity River
Authority's existing easement.
d. Any ground disturbing activities, including trails, roads
and/or staging areas, must be disked, leveled, and reseeded with
native grasses. Erosion must be controlled by existing
recognized standards.
e. All spoil material from the bore pits, and spoil material
trenching that is not put back in the trench, must be removed
from fee and flowage easement property.
f. Any electrical service to the sanitary sewer improvements
shall be placed underground or, if placed overhead, shall comply
with the vertical clearance requirements specified in the
attached table, Exhibit D.
THIS EASEMENT is not subject to Title 10, United States Code,
Section 2662, as amended.
of
-IN WITNESS WHEREOF, I have hereunto set
the Secretary of the Army, this
,2006.
my hand by authority
day of
Hyla J. Head
Chief, Real Estate Division
THIS EASEMENT is also executed by the grantee this
day of -- --- -- 1 2006.
City of Southlake
(Name/Title)
C E R T I F I C A T E
I, , certify that I am the
of the City of Southlake named as Grantee
herein; that
behalf of the Grantee was then
who signed this Easement on
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.
Note: Someone other than the individual who executes the
easement must complete this certificate.
Exhibit A
LEGAL DESCRIPTION
Being a centerline description of a 10 inch wide sanitary sewer easement situated in the William
Mills Survey Abstract No. 1086, City of Southlake, Tarrant County, Texas, being part of Tract
No. 259, of the United States of America, Corps of Engineers tract as described in Volume 2332,
Page 169, of the Deed Records of Tarrant County, Texas, and being more particularly described
as follows:
COMMENCING, at a 1/2" iron rod set, at the northwest corner of said tract, being an interior
corner of a 55.247 acre tract to A.F. Oien as described in Volume 4823, Page 575, of said
Deed Records;
Thence, S241,06'04"W, with the west line of the Corps of Engineers tract, for a distance of
234.27 feet, to the POINT OF BEGINNING;
Thence, S65^53'56"E, departing said line, and with the centerline of the sanitary sewer easement
for a distance of 379.40 feet, to the end of said easement, being an existing sanitary sewer
manhole.
Bearings referenced to Clariden Ranch Phase III, an addition to the City of Southlake, Tarrant
County, Texas.
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