Lake Grapevine TR No. C-205 - Easement for Sewer Lift StationOFF C;AL RECORD
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. TEEM
This easement is hereby granted for a term of five
beginning on 1 March, 1995, and ending on 28 February,
(5) years,
2000.
2.
full
Worth
Ail
Collection
The
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3. NOTICES
Ail 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.
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. "~OBFDITION 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 A/~D 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." ~fNDE~iNITY
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
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 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. RESTOP~ATION
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. Ail 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~IESS W~EREOF, I have hereunto~ my hand by authority of the
Se~y. of the Army, this, 19 ~-.' . ~-~ day of
Chief, Real Estate Division
THIS EASEMENT is also executed by the grantee this
day of , 1995.
THE CI~_
BY:
(Title)
STATE OF TEXAS
COUNTY OF TA_RRANT
This instrument was acknowledged ~e_cre me on this
day of
on behalf he U. S. Army Corps of Encqn~s__. ~ as ~he Chief of
Real Estate Division, Fort Worth District, Texas.
Notary Public
State of Texas .~..~ ~ ~}~/~"~..t~.~
(Print Name)
Notary's Commission Expires
~ ~SUSAN K. MARTERELLA I
~ %~ STA~ OF TEXAS I
sT~T2 OF TEX~S
COUNTY OF TARRANT
This instrument was acknowledged before me on the
Notary Public
(Print Name)
Notary's Commission Expires:
CERTIFICATE OF AUTHORITY
I~_ _~~rtify that I am the~~ of
City of S/uthlak/, that ~ _~-_~ ~ ~ / '~
who signed the foregoing instrument on behalf of the grantee
was thent~ Cityha~t s~aid of Southtake. I further
certify the officer was acting within the scope
of powers delegated to this officer by the governing body
of the grantee in executing said instrument.
Date ~~~
r~
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:
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
files.
7) Engineering Division files.
b. A SITE INVESTIGATION was performed on 31 March, !995 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 1.a. above. This
records search revealed no evidence of any hazardous substance
being stored, released or disposed of on the property involved.
The operatin~ 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 1.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
ln~-~ved. Project personnel have no knowledge of past activities
· ~hich might have created a hazardous situation.
Maiine Edwards
CE SWF - RE - MM
Approved~y: /~y~a j. Head
Chief, R~al E~tate Division