HomeMy WebLinkAboutItem 25 - EasementMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: AUGUST 15, 2023
SUBJECT: U.S. ARMY CORPS OF ENGINEERS LICENSE FOR GRAPEVINE
WATERLINE
RECOMMENDATION: City Council to consider approval to enter into a license agreement with
the U.S. Army Corps of Engineers (USACE) for a waterline along Dove
Road.
FUNDING SOURCE: Funds are available in the Utility Enterprise Fund estimated at $1,160.
BACKGROUND: The City has many facilities located on USACE property that serve
surrounding development. The USACE has begun a process to identify
and grant long term license agreements for these assets. One such asset
is a 16" waterline along Dove Road (see exhibit). This agreement
(DACW63-2-23-0629) has a 25 year term and a $1,160 cost.
Staff anticipates that going forward, there will be similar items for
consideration.
Staff recommends approval.
EASEMENT NO. DACW63-2-23-0629
Replaces No. DACW63-2-98-0738
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 2668, 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 a 16" diameter waterline, 15 feet in width
and 152.08 feet in length, approximately 0.05 acre, hereinafter referred to as the
Facilities, over, across, in and upon the lands of the United States as identified in
EXHIBITS A — MAP, B — SURVEY, and C — LEGAL DESCRIPTION, 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 granted for a term of twenty-five (25) years, beginning
AUGUST 1, 2023, and ending JULY 31, 2048.
2. CONSIDERATION
The consideration for this easement shall be the operation and maintenance of
the waterline for the benefit of the general public and the United States in accordance
with the terms and conditions 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, 200 South Main Street, Grapevine,
Texas 76051; and if to the United States, to the Real Estate Contracting Officer,
Attention: Real Estate Contracting Officer, CESWF-RE-M, 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.
Page 1 of 8
EASEMENT NO. DACW63-2-23-0629
4. AUTHORIZED REPRESENTATIVES
Except as otherwise specifically provided, any reference herein to "Secretary",
"Real Estate Contracting Officer", 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 REAL ESTATE CONTRACTING OFFICER
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 Real Estate
Contracting Officer, 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
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 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
Page 2 of 8
EASEMENT NO. DACW63-2-23-0629
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 proper written approval by said Real Estate Contracting Officer, the
Grantee shall neither transfer no 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 insure 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
Page 3 of 8
EASEMENT NO. DACW63-2-23-0629
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
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 specifically 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
Page 4 of 8
EASEMENT NO. DACW63-2-23-0629
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, interstate, 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. PHASE I ENVIRONMENTAL SITE ASSESSMENT
A Phase I Environmental Site Assessment (ESA), 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 D. Upon
revocation or termination of this easement, another ESA 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 condition on RESTORATION.
20. 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 the
material from further disturbance until said officer gives clearance to proceed.
21. 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 shall not discriminate against any person or persons or exclude
them from participation in the Grantee's operations, programs or activities because of
race, color, religion, sex, age, handicap, or national origin in the conduct of operations
on the Premises. The Grantee will comply with the Americans with Disabilities Act and
attendant Americans with Disabilities Act Accessibility Guidelines (ADAAG) published
by the Architectural and Transportation Barriers Compliance Board.
Page 5 of 8
EASEMENT NO. DACW63-2-23-0629
22. RESTORATION
On or before the termination or revocation of this easement, the Grantee shall,
without expense to the United States and within such time as said officer may indicate,
restore the Premises to the satisfaction of said officer. In the event the Grantee shall fail
to restore the Premises, at the option of said officer, said improvements shall either
become the property of the United States without compensation therefore, or said
officer shall have the option to 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.
23. DISCLAIMER
This instrument is effective only insofar as the rights of the United States in the
Premises 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 for 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), Section 408 (33 U.S.C. § 408) or any other permit or
license which may be required by Federal, state, interstate or local laws in connection
with the use of the Premises.
24. DETERMINATION REGARDING EXECUTIVE ORDER 13658
a. It has been determined this contract is not subject to Executive Order 13658 or
the regulations issued by the Secretary of Labor in 29 CFR Part 10 pursuant to the
Executive Order.
b. If a duly authorized representative of the United States discovers or
determines, whether before or subsequent to executing this contract, that an erroneous
determination regarding the applicability of Executive Order 13658 was made,
contractor, to the extent permitted by law, agrees to indemnify and hold harmless the
United States, its officers, agents, and employees, for and from any and all liabilities,
losses, claims, expenses, suites, fines, penalties, judgments, demands or actions,
costs, fees, and damages directly or indirectly arising out of, caused by, related to,
resulting from or in any way predicated upon, in whole or in part, the erroneous
Executive Order 13658 determination. This includes contractor releasing any claim or
entitlement it would otherwise have to an equitable adjustment to the contract and
indemnifying and holding harmless the United States from the claims of subcontractors
and contractor employees.
Page 6 of 8
EASEMENT NO. DACW63-2-23-0629
25. DETERMINATION REGARDING EXECUTIVE ORDER 13706
It has been determined this contract is not subject to Executive Order 13706 or
the regulations issued by the Secretary of Labor in 29 CFR part 13 pursuant to the
Executive Order.
26. ADDED CONDITIONS
EXHIBIT B — SURVEY depicts the waterline on both the Government fee Tract
No. A-61 B and Flowage Easement Tract No. A-85E. The document granting the
Government the right to intermittently flood and inundate Tract A-85E, recorded in the
real property records of Tarrant County on February 17, 1956, as Instrument Number
9420, does not require authorization from the Government to place structures within the
flowage easement. Therefore, it is not necessary for a consent to be granted for the
portion of the waterline located on Flowage Easement Tract No. A-85E.
THIS EASEMENT is not subject to Title 10, United States Code, Section 2662,
as amended.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 7of8
EASEMENT NO. DACW63-2-23-0629
IN WITNESS WHEREOF, I have hereunto set my hand by authority of the
Secretary of the Army this day of , 2023.
Lee A. Flannery
Deputy Chief, Real Estate Division
Real Estate Contracting Officer
THIS EASEMENT is also executed by the Grantee this day of
.2023.
City of Grapevine
Signature
Title
Page 8 of 8
ACKNOWLEDGMENT
STATE OF TEXAS §
§ SS.
COUNTY OF TARRANT §
On this day of , 2023, before me, the
undersigned officer, personally appeared within named
, United States Army Corps of Engineers, Fort
Worth District, on behalf of the United States of America, and known to me to be the
person whose name is subscribed to the foregoing instrument by virtue of the above -
cited authority and acknowledged to me that he executed the same in such capacity for
the purposes and consideration therein expressed.
Given under my hand and seal this day of , 2023.
Notary Public, State of Texas
My Commission Expires:
Printed Name:
STATE OF TEXAS §
§ SS.
COUNTY OF §
On this day of , 2023, before me, the
undersigned officer, personally appeared ,
known to me to be the person described in the foregoing instrument, who acknowledged
that he executed the same in the capacity therein stated and for the purpose therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary Public, State of Texas
My Commission Expires:
Printed Name:
CERTIFICATE OF AUTHORITY
1, (Name), certify that I am the
(Title) of the City of Grapevine, named as the Grantee
herein; and that (signator of outgrant), who signed the
foregoing instrument on behalf of the Grantee, was then (title
of signator of outgrant) of the City of Grapevine. I further certify that the said officer
was acting within the scope of powers delegated to this governing body of the Grantee
in executing said instrument.
Date
AFFIX COMPANY SEAL
City of Grapevine
Authorized Representative
Title
NOTE: This form certifies that the person signing the attached instrument has the
authority to do so. The signature of the Secretary/Attesting Officer and the
individual signing the attached instrument cannot be the same person.
100 200
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Subject Area
City of Grapevine - Waterline Easement
Grapevine Lake - Trinity Regional Project - Tract A-61B
400
ai■�,
Southlako -
W�lcrtlsw •?t Hwy C.ran wvin
Grapevine Lake
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A_61:2E-2
Legend
C.O.E. Tracts
Waterline
NOTES:
(Subject Area 1. THE COORDINATE SYSTEM SHOWN HEREON US Army Corps
2rov IS BASED ON THE TEXAS COORDINATE SYSTEM,
NORTH CENTRAL ZONE, NA083. of Engineers®
2. MAP TO BE USED FOR EXHIBIT PURPOSES ONLY Fort Worth District
LEGAL DESRIP17ON
A SIXTEEN INCH WATERLINE WITH A FIFTEEN FOOT EASEMENT S-TUATED IN THE COUNTY OF TARRANT. STATE
OF TEXAS. AROSE CENTERLINE IS MORE PARTICULARLY OESCRIBCO AS FOLLOWS:
z
COMMENCING AT MONUMENT A-618-5 OF TRACT A-618, THENCE NORTH 44.48' EAST FOR A DISTANCE OF 67.2
FEET 'TO THE MOST NORTHERLY NORTHEAST CORNER OF TRACT A-618:
F-
THENCE NORTH 7615' WEST FOR A DISTANCE OF 357.75 FEET TO THE MOST WESTERLY NORTHWEST CORNER OF
TRACT AM-618:
L"H
T`
THENCE NORTH 00,20' WEST FOR A DISTANCE OF 17.75 FEET TO THE POINT OF BEGINNING
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THENCE SOUTH 76Z2'13' EAST FOR A DISTANCE OF 539.29 FEET TO A POINT;
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THENCE SOUTH 31'08'4V EAST FOR A DISTANCE OF 79.99 FEET TO A POINT:
a�
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THENCE SOUTH 75'44'12' EAST FOR A DISTANCE OF 32.8E FEET TO A POINT:
(Of-)
THENCE NORTH 61'19'41' EAST FOR A DISTANCE OF 81.10 FEET TO A POINT,
LI_ W
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THENCE SOUTH 74'17'54' EAST FOR A DISTANCE OF 127.89 FEET TO A POINT;
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THENCE SOUTH 76*18'42' EAST FOR A DISTANCE OF 354.93 FEET 70 A CURVE TO THE RIGHT WITH A RADIUS
d'
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OF 856.28 FEET, A CENTRAL ANGLE OF 08'42'19'. A CHORD BEARING OF SOUTH 72'57'33' EAST AND A CHORD
1-1 -
200 10: 0 200 400
DISTANCE OF IOD.15 FEET;
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--T
THENCE CONTINUING ALONG SAID CURVE A DISTANCE OF 100.21 FEET TO A POINT NORTH 3711' EAST, A
DISTANCE OF 10.09 FEET FROM THE NORTHEAST CORNER OF TRACT A-61-Z E2.
SCALE IN FEET
CONTAINING 19,745 SQUARE FEET OR 0.453 ACRES.
LEGEND
FIFTEEN ME WATER LINE G6F Mr
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p[iST1NG a.e.W LM-s WOVE HGAD
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!AREA OF EASEMENT 19,74E S0. FT. OR 0.453 ACRES
TRACT A-14
5
- POINT OF BEGINNING
,-PROPOSED
16 [NCH WATERLINE
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N.".
TRACT A-61A
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TRACT A-15
BASIS OF BEARING
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a TRACT A-610 b
�- N 6}tG'61" E. Et :0' / —EAST Md " 04' TRACT A-61-I i •}
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uox A -eta-. -s. TRACT A-610 a s>®>s•r �:Ir. �, / �\ ,%/'/A>.p'r
':.. !'.t
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TRACT A-61-2, E2 \ Ifl
TRACT A-61-2, E1 r � W "'^7
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W:\..WORN\CRAPVINE\OV AM_TAT-WM\ACAD\CDRPS LI.S4-DWG R. MANAOIS 6/D8/08
- -
GRAPEVINE RESERVOIR
TRINITY REGIONAL PROJECT
WATER LINE EASEMENT
TARRANT COUNTY, TEXAS
Grantee: City of Grapevine
Acres: 0.05
BEING a 15 feet wide parcel of land located in the J. L. Whitman Survey, Abstract 1593,
Tarrant County, Texas, being a portion of that certain 4.29 acre Tract No. A-61B acquired by the
United States of America from Ethel Gaskill, et vir by General Warranty Deed, and the
following centerline description:
COMMENCING at C.O.E. monument A-61A-3, thence North 82-57-47 West, a distance of
526.06 feet to the POINT OF BEGINNING, said point having the coordinates X: 2,396,101.17,
Y: 7,033,419.58;
THENCE South 61-19-41 West, a distance of 61.43 feet to a point;
THENCE North 75-44-12 West, a distance of 32.85 feet to a point;
THENCE North 31-6-49 West, a distance of 57.8 feet to the POINT OF TERMINATION for
this centerline description, containing 0.05 acres of land.
Portions of this product were calculated from GIS systems software prepared by the
U.S. Army Corps of Engineers utilizing spatial reference from various data sources. Data
and product accuracy may vary. They may be developed from sources of differing
accuracy, accurate only at certain scales, based on modeling or interpretation, incomplete
while being created or revised, etc... Using GIS products for purposes other than those
for which they were created may yield inaccurate or misleading results. The Corps of
Engineers makes no guarantees to the accuracy of this legal description.
1 of 1 EXHIBIT C
PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA)
1. REAL PROPERTY TRANSACTION: The U.S. Army Corps of Engineers
proposes to issue Easement No. DACW63-2-23-0629, which will allow City of
Grapevine to continue to use approximately 0.05 acre of land for a 16" waterline at
Grapevine Lake, Texas. The easement will become effective on 1 August 2023
and expires on 31 July 2048.
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) Grapevine Lake Master plan;
4) Operations Division files;
5) Environmental Review Guide for Operations (ERGO).
b. INTERVIEWS WERE CONDUCTED with the following: N/A
c. A SITE INVESTIGATION was performed by U.S. Army Corps of Engineers
Park Ranger, Mr. Austin Smith, on 19 June 2023, which consisted of a visual
inspection of the area.
2. STATEMENT OF FINDINGS
a. COMPREHENSIVE RECORDS SEARCH SUMMARY
A complete search of the District files which pertain to the proposed easement
area was made as stated in 1.a. above. The records search revealed no other
evidence of any hazardous substance being stored, released, or disposed of on
the property involved. The operating plans and historical records also showed no
other evidence of any activity which would have contaminated the property with
hazardous substances.
b. SITE INVESTIGATION SUMMARY
A site investigation of the proposed easement area was made as stated in 1.c.
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.
Page 1 of 2 EXHIBIT D
Based on this inspection it was determined no hazardous substance has been
stored, released or disposed of on the property involved. Project personnel have
no other knowledge of past activities which might have created a hazardous
situation.
Prepared By: TRACEE L. JOHNSTON Date
Realty Specialist
Management and Disposal Branch
Approved By: LEE A. FLANNERY Date
Deputy Chief, Real Estate Division
Real Estate Contracting Officer
Page 2 of 2 EXHIBIT D
City of Grapevine Waterline Easement
VIE Grapevine Lake - Trinity Regional - Tract A-61B
�.�•`•,f 0 Waterline Easement � y
Grapevine City Limits .yo
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