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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 1 QL U m ry O C6 � u LJ Q U � vl- 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. 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