HomeMy WebLinkAboutItem 24 - U.S. Army Engineers Infilteration Remediation ProjectMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
STEM r
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ROGER NELSON, CITY MANAGER
MAY 16, 2000
U.S. ARMY CORPS OF ENGINEERS EASEMENT SANITARY
SEWER — INFLOW / INFILTRATION REMEDIATION PROJECT
City Council consider approving the Easement Agreement with the U.S. Army Corps of
Engineers (COE) for the Inflow / Infiltration Project, authorize staff to execute said
easement, and take any necessary action.
BACKGROUND:
The Inflow / Infiltration project, which includes sanitary sewer repair and replacement
work all over Grapevine, includes the relocation of a sewer line on Corps of Engineers
property in the Russwood Estates subdivision between Robin and Bluebird Courts. This
work is necessary to reduce/eliminate the infiltration of storm water into the sanitary
sewer system. We have received the necessary COE agreement for this construction
(see attached).
Staff recommends approval.
/MS
o: \agenda/051600/sewer. a gm
May 10, 2000 (1:52PM)
DEPARTMENT OF THE ARMY
FORT WORTH DISTRICT. CORPS OF ENGINEERS
P. O. BOX 17300
FORT WORTH, TEXAS 76102-0300
REP, , TO
ATTF�,TIONOF April 26, 2000
Real Estate Division
SUBJECT: Proposed Easement DACW63-2-00-0838, Grapevine
Lake, Texas
Mr. Matt Singleton
Assistant Director of Public Works
City of Grapevine
Post Office Box 95104
Grapevine, Texas 76099
Dear Mr. Singleton:
I have enclosed three originals of the above mentioned
easement for a sanitary sewer line on Tract A-34, Grapevine
l Lake, Texas. Please have someone sign, date, and return all
�. originals. A certificate is included that must be signed by
someone other than the person who signs the easement. One
original will be returned for your records. If you have any
questions, please call Mr. Rich Adamson at (817) 978-2094.
Sincerely,
eke W . W t \.
Chief, Management aia
Disposal Branch
Real Esta't-e,Division
Enclosure
EASEMENT NO. DACW63-2-00-0838
DEPARTMENT OF THE ARMY
EASEMENT FOR PIPELINE RIGHT-OF-WAY
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
will be in the public interest and will not substantially injure
the interests of the United States, hereby grants to the City of
Grapevine, hereinafter referred to as the grantee, an easement
for construction, operation and maintenance of a sanitary sewer
pipeline across tract A-34, 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 fifty years
beginning May 1, 2000, and ending April 30, 2050.
2. CONSIDERATION
The consideration for this easement shall be the
construction, operation, and maintenance of the sewer pipeline
for the benefit of the general public in accordance with the
terms and condition hereinafter 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
Grapevine, ATTN: Public Works Department, Post Office Box 95104,
Grapevine, TX 76099, and, if to the United States, to the
District Engineer, Attention: Chief, Real Estate Division, CESWF-
RE-M. P. O. 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, 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. 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
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.
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 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
g from said officer
are applied to the premiseSbefore any pesticides or
C.
Protect The grantee will use all reasonable
the environment and natural resources
nonetheless means available to
grantee °ccurs arising from the and where damage
shall be liable to restore thea damageetsed
activities, the
damaged resources.
19• HISTORIC PRESERVATION
The grantee shall not
to be removed or remove or disturb
architectural disturbed, any historical or cause or
or other cultural archeological
permit
objects of antiquit artifacts gical,
Y• In the , relics, remains or
the premises the event such items
and protect , grantee shall immediate) are discovered on
the site and material Y notify
said officer from further Y said officer
gives clearance disturbance
to proceed, until
20• NON-DISCRIMINATION
a' The grantee
shall not discriminate
persons because
any Pers
ori of race, color, gainst
gin or religion. age, seax, handicap, nationalon or
b• The grantee,
receiving a by acceptance of this
gives type Of Federal assistance and easement
assurance that � is
it will comply therefore, hereby
VI of the Civil plY with the
Rights Act of Provisions of Title
2000d)' the 1964 as amended
' Age Discrimination Act (42 U.S.C.
the Rehabilitation °f 1975 (42 U.
all re Act of 1973 S C 6102) •
requirements ' as amended (29 U '
imposed by or pursuant U.S.C.
794)
Department of Defense to the and
Defense (32 CFR Part Directive of the
Directive 5500.11 and 300) issued
This 1020.1 as Department of
assurance shall be , and Army Regulation 600-7
successors, transferees binding on the
and assignees grantee, its agents,
21. RESTORATION
On or before the
the grantee shall, expiration or termination
withinwithout expense to the °f this easement,
such time as said United
facilities and officer may States, and
restore Y indicate, remove said
Officer. In the the premises to the
event the satisfaction of
facilities and restore the grantee shall fail to said
premises, the United States eshala
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 CONDITION
It is required that the sewer line be installed by boring
the entire length of the easement from pits at either end of the
easement. The line will be installed at a depth of about five to
six feet from the surface. This requirement will minimize
damage to the valuable trees in the area.
THIS EASEMENT is not subject to Title 10, United States
Code, Section 2662, as amended.
IN WITNESS WHEREOF, I have hereunto set my hand by authority
of the Secretary of the Army, this day of r 2000.
HYLA J. HEAD
Chief, Real Estate Division
THIS EASEMENT is also executed by the grantee this
day of , 2000.
City of Grapevine
herein; that
CERTIFICATE
, certify that I am the
of the city of Grapevine, named as a grantee
, who signed this Easement on
behalf of the city of Grapevine, was then
of the city of Grapevine and that said
Easement was duly signed for and on behalf of the city of
Grapevine by authority of its governing body and is within the
scope of its legal powers.
Date
(Title)
Please have someone other that the person who signs the Easement,
sign this form.
EXHIBIT "A"
15 -FT WIDE UTILITY EASEMENT
Oak Creek Park
McKinney & Williams Survey, Abstract No. 1103
City of Grapevine, Tarrant County, Texas
BEING, a 3864 square foot (0.089 acre) tract of land located in the City of Grapevine,
Texas and being situated in the McKinney & Williams Survey, Abstract No. 1103, Tarrant
County, Texas; said tract being part of Oak Creek Park and being part of a tract of land
conveyed to the United States of America by Lay T. Dutcher; said 3864 square foot tract
of land being more particularly described as follows (basis of bearings for this description
based on NAD -83, Texas State Plane Coordinate System, North Central Zone);
COMMENCING, at Corps of Engineers Monument "A-3" found at the northeast corner of
Lot 35, Block 2, Russwood Estates, an addition to the City of Grapevine, Texas according
to the Final Plat recorded in Volume 388-112, Page 17 of the Plat Records of Tarrant
County, Texas; said point also being the northwest comer of Russwood Estates, Phase 2,
an addition to the City of Grapevine, Texas according to the Final Plat recorded in Volume
388-120, Page 19 of the Plat Records of Tarrant County, Texas
THENCE, South 42 degrees, 41 minutes, 08 seconds West, along the said
northwest line of Lot 35, at a distance of 227.10 feet passing the westernmost
comer of said Lot 35, in all a distance of 231.32 feet to the POINT OF BEGINNING;
said point being on a northwest right-of-way line of Bluebird Court (a dedicated
public right-of-way);
THENCE, South 42 degrees, 41 minutes, 08 seconds West, along the said northwest line
of Bluebird Court, a distance of 18.45 feet to a point for corner;
THENCE, North 82 degrees, 54 minutes, 11 seconds West, departing the said northwest
line of Bluebird Court, a distance of 235.87 feet to point for corner in a northeast right-of-
way line of Robin Court (a dedicated public right-of-way); said point being North 58
degrees, 14 minutes, 30 seconds West, a distance of 129.85 feet from the northeast comer
of Lot 27, Block 2 of said Russwood Estates;
THENCE, North 58 degrees, 14 minutes, 30 seconds West, along the said northeast line
of Robin Court, a distance of 35.95 feet to a point for corner;
THENCE, South 82 degrees, 54 minutes, 11 seconds East, departing the said northeast
line of Robin Court, a distance of 279.28 feet the POINT OF BEGINNING;
CONTAINING, 3864 square feet or 0.089 acres of land, more or less.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the above
description accurately sets out the metes and bounds of the easement tract described.
OF
% 117P
O" 2MaErkA. Pach o, R.P.L.S. No. 4900 "Date
MA KA. PACHECO Pacheco Koch Consulting Engineers, Inc.
$0 4900 9401 LBJ Frwy., Suite 300, Dallas TX 75243
*tas% (972) 235-3031
1963.38
BLOCK 2 8+ BLOCK 2
LOT 24 NI LOT 25 5ge�
i
ROBIN
COURT
(50' R.O.W.)
88.90'
BLOCK 2 T�
LOT 27
8 10' UTILITY EASEMENT /
(V. 388-112, P. 17) f�
RUSSWOOD ESTATES
(VOL. 388-112, PG. 17)
/ X
— —n.ir
J
f
a .a.
N ter.:
\ z Cw
BLOCK 2 \ f
LOT 34
BLUEBIRD \
n /R S42'41'08"W�
0
h�
N58'14'30"W
35.95'
C
0 25 50 100
GRAPHIC SCALE IN FEET
15 -FT. WIDE
UTILITY EASEMENT
(3864 SF)
POINT OF
BEGINNING
18.45 \10' UTILITY EASEMENT
(50' R.O.W.) \ ,/ (V. 388-112, P. 17)
azeo' . /pry• �\ \
S
BLOCK 2 39.7t' \ \ \\fid• TEMPORARY
LOT 37BLOCK 2 \ \ \ \ CONSTRUCTION
LOT 36 \ \ BLOCK 2 \�?� EASEMENT
\ \ LOT 35 \-o\ ?�j
THE UNDERSIGNED HEREBY CERTIFIES `��''
THAT THIS PLAT IS A TRUE AND ) \ RUSSWOOD ESTATES \ / \ POINT OF
ACCURATE REPRESENTATION OF THE N� \(VOL 388-112, PG. 17) \ \1COMMENCING
EASEMENT TRACT SHOWN \ \
�''• • F \ 5' UTILITY
EASEMENT-
388-112.
ASEMENT 388-112, P. 17)
1>Q \
MARK A. PACHECO
—�--�
y 4900 Q» _ — — _ 4 . — �l•
gsof%..�{ 5' UTILITY EASEMENT — o \
SUR (V. 388-120, P. 19) h BLOCK 2 i
.i v
DLCCK 2 ^`
LOT 46 / LOT 47 tl [UTILITY
o u Zooe RUSSWOOD ESTATES EASEMENT
PHASE 2 CORPS OF ENGINEERS
MARK A. PACH CO DAIS MONUMENT "A-3'
REGISTERED PROFESSIONAL LAND SURVEYOR (VOL. 388-120. PG. 19) 4900 FOUND
'' "'
OAK CREEK PARK
UNITED STATES OF AMERICA
(U.S. ARMY CORPS OF ENGINEERS)
BEARING SYSTEM BASED GN THE NAD -83
TEXAS STATE PLANE COORDINATE SYSTEM,
NORTH CENTRAL ZONE
li4 9401 LSJ FREEWAY SWTE 000 DALLAS, TEXAS 75249 972296.8001
OAAbw SY CAECKM Sr I SCALE t AAM JW N(A R
LHN MAP 1'_50' JAN 2000 1983-98.288
15 -FT. WIDE
UTILITY EASEMENT
OAK CREEK PARK
LOCATED IN THE CITY OF GRAPEVINE, TEXAS
AND BEING OUT OF THE
MOKINNEY ✓k WILLIAMS SURVEY, ABSTRACT N0. 1103
TARRANT COUNTY. TEXAS