HomeMy WebLinkAboutItem 11 - Utilities License AgreementMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: SEPTEMBER 19, 2023
SUBJECT: U.S. ARMY CORPS OF ENGINEERS LICENSE FOR GRAPEVINE
UTILITIES
RECOMMENDATION: City Council to consider approval to enter into a license agreement with
the U.S. Army Corps of Engineers to allow for utilities along Snakey Lane
FUNDING SOURCE: Funds are available in the Utility Enterprise Fund estimated at $1,660.
BACKGROUND: The City has many facilities located on U.S. Army Corps of Engineers
(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 are the sanitary sewer lines, a lift station
and a water line near Snakey Lane (see exhibit). This agreement
(DACW63-2-23-0645) will allow the City to operate and maintain these
facilities for a 50-year term and has a $1,660 cost. This easement
replaces and existing easement already in place.
The City has been working with the USACE on this easement and since
this sanitary sewer line is part of the City's current Inflow and Infiltration
Project the easement line may require revision after the completion of the
project. The proposed sewer project will replace the existing 15" main and
relocate the line into the roadway to eliminate an aerial crossing and
improve manhole access.
Staff recommends approval.
EASEMENT NO. DACW63-2-23-0645
Replaces No. DACW63-2-73-0431
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, Texas, hereinafter
referred to as the Grantee, an easement of varying lengths and widths for a lift station,
sanitary sewer pipeline, and a waterline, approximately 10.26 acres, hereinafter referred
to as the Facilities, over, across, in and upon the lands of the United States as identified
in EXHIBITS A — MAP and B — 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 fifty (50) years, beginning
JUNE 15, 2023 and ending JUNE 14, 2073.
2. CONSIDERATION
The consideration for this easement shall be the construction, operation, and
maintenance of the lift station, sanitary sewer pipelines, and 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 Director of Public Works, 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,
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EASEMENT NO. DACW63-2-23-0645
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",
"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
Page 2 of 8
EASEMENT NO. DACW63-2-23-0645
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 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.
Page 3 of 8
EASEMENT NO. DACW63-2-23-0645
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
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
Page 4 of 8
EASEMENT NO. DACW63-2-23-0645
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
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 C. 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
Page 5 of 8
EASEMENT NO. DACW63-2-23-0645
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.
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 6of8
EASEMENT NO. DACW63-2-23-0645
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
a. The water pipeline shall be buried a minimum of 24 inches deep.
b. Manholes and lift stations shall be waterproofed up to elevation 572 feet
National Geodetic Vertical Datum.
c. Upon any change to the footprint of the easement, the Grantee shall provide to
said officer a survey and legal description of the entire easement area.
THIS EASEMENT is not subject to Title 10, United States Code, Section 2662,
as amended.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
Page 7 of 8
EASEMENT NO. DACW63-2-23-0645
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 8of8
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
I
Grantee herein; and that
(Name), certify that I am the
(Title) of City of Grapevine, Texas, named as the
(signator of outgrant), who
signed the foregoing instrument on behalf of the Grantee, was then
(title of signator of outgrant) of City of Grapevine, Texas. 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, Texas
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.
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TRINITY REGIONAL PROJECT
SANITARY SEWER PIPELINE EASEMENT
TARRANT COUNTY, TEXAS
Grantee: City of Grapevine Acres: 10.26
Parcel I: (0.61 acre)
BEING a 0.61 acre parcel of land located in the A. S. Harris Survey, Abstract 707, the S. Cate
Survey, Abstract 2002, and the J. M. Baker Survey, Abstract 168, Tarrant County, Texas, being a
portion of that certain 132.4 acre Tract No. A-53 acquired by the United States of America from
Ora Ayres Ramsey, et al by General Warranty Deed, being more particularly described as
follows, all bearings being referred to the Texas State Plane Coordinate System, North Central
Zone 4202:
COMMENCING at the C.O.E. monument A-53-2, thence North 6-16-11 East, a distance of
14.58 feet to the POINT OF BEGINNING, said point having the coordinates X:
2398052.286783, Y: 7041414.624739;
THENCE North 66-7-34 West, a distance of 259.528 feet to a point;
THENCE South 5-17-15 West, a distance of 16.28767 feet to a point;
THENCE North 66-28-0 West, a distance of 31.58442 feet to a point;
THENCE North 5-17-37 East, a distance of 16.52967 feet to a point;
THENCE North 66-2-59 West, a distance of 445.72834 feet to a point;
THENCE South 24-28-50 West, a distance of 18.94525 feet to a point;
THENCE North 66-28-0 West, a distance of 15.00205 feet to a point;
THENCE North 24-28-50 East, a distance of 19.05442 feet to a point;
THENCE North 66-2-59 West, a distance of 112.15379 feet to a point;
THENCE South 70-8-45 West, a distance of 147.87427 feet to a point;
THENCE South 23-1-4 West, a distance of 322.64601 feet to a point;
THENCE South 45-42-0 West, a distance of 29.21338 feet to a point;
THENCE North 21-2-6 East, a distance of 355.73664 feet to a point;
THENCE North 70-21-3 East, a distance of 169.50848 feet to a point;
THENCE South 65-55-39 East, a distance of 864.05225 feet to a point;
THENCE South 0-47-1 West, a distance of 19.45316 feet to the POINT OF BEGINNING,
containing 0.61 acres of land, more or less.
1 of 8 EXHIBIT B
Parcel 2: (0.06 acre)
BEING a 0.06 acre parcel of land located in the J. L. Whitman Survey, Abstract 1593, Tarrant
County, Texas, being a portion of that certain 2 acre Tract No. A-63 acquired by the United
States of America from E. D. Reed, et ux as recorded in Civil Action 2113, Declaration of
Taking No. 1, filed 22 January 1952 in the District Court of the U.S. for the Northern District of
Texas, Fort Worth Division, being more particularly described as follows, all bearings being
referred to the Texas State Plane Coordinate System, North Central Zone 4202:
COMMENCING at C.O.E. monument A-63-1, thence North 72-42-0 West, a distance of 394.6
feet to the POINT OF BEGINNING, said point having the coordinates X: 2397731.330230, Y:
7038703.096485;
THENCE South 55-25-49 West, a distance of 143.80394 feet to a point;
THENCE North 35-39-49 West, a distance of 20.00364 feet to a point;
THENCE North 55-25-49 East, a distance of 128.48672 feet to a point;
THENCE South 72-42-0 East, a distance of 25.4256 feet to the POINT OF BEGINNING,
containing 0.06 acres of land, more or less.
Parcel 3.
(8.35 acre)
BEING a 8.35 acre parcel of land located in the J. L. Hallum Survey, Abstract 722, the J. L.
Whitman Survey, Abstract 1593, and the F. Wood Survey, Abstract 1688, Tarrant County,
Texas, being a portion of that certain 17 acre Tract No. A-14 acquired by the United States of
America from J. D. Singleton as recorded in Civil Action 2303, filed 30 January 1952 in the
District Court of the U.S. for the Northern District of Texas, Fort Worth Division, also being a
portion of that certain 103 acre Tract No. A-49 acquired by the United States of America from C.
Smith, et al as recorded in Civil Action 2115, filed 20 March 1951 in the District Court of the
U.S. for the Northern District of Texas, Fort Worth Division, also being a portion of that certain
83.15 acre Tract No. A-60 acquired by the United States of America from G. U. Pickering as
recorded in Civil Action 2115, filed 20 March 1951 in the District Court of the U.S. for the
Northern District of Texas, Fort Worth Division, also being a portion of that certain 61.9 acre
Tract No. A-61A acquired by the United States of America from Ethel Gaskill, et vir by General
Warranty Deed, being more particularly described as follows, all bearings being referred to the
Texas State Plane Coordinate System, North Central Zone 4202:
BEGINNING at C.O.E. monument A-49-1, said point having the coordinates X:
2399397.039367 Y: 7035285.862524;
THENCE South 89-10-19 West, a distance of 722.43 feet to a point;
THENCE North 87-58-46 West, a distance of 500.77248 feet to a point;
THENCE South 7-41-15 West, a distance of 23.75553 feet to a point;
2 of 8 EXHIBIT B
THENCE South 46-25-16 West, a distance of 394.81696 feet to a point;
THENCE South 58-54-3 East, a distance of 259.37279 feet to a point;
THENCE South 46-12-0 West, a distance of 15.53649 feet to a point;
THENCE North 58-54-3 West, a distance of 259.35579 feet to a point;
THENCE South 45-43-7 West, a distance of 428.89331 feet to a point;
THENCE South 5-22-30 East, a distance of 315.02431 feet to a point;
THENCE South 46-12-0 West, a distance of 19.14782 feet to a point;
THENCE North 5-22-30 West, a distance of 321.75655 feet to a point;
THENCE North 88-26-32 West, a distance of 533.70666 feet to a point;
THENCE South 52-36-30 West, a distance of 224.12007 feet to a point;
THENCE South 39-36-14 East, a distance of 9.96231 feet to a point;
THENCE South 53-2-43 West, a distance of 13.8681 feet to a point;
THENCE North 38-41-20 West, a distance of 10.20834 feet to a point;
THENCE South 53-41-20 West, a distance of 293.20466 feet to a point;
THENCE South 24-33-41 East, a distance of 13.67369 feet to a point;
THENCE South 53-5-0 West, a distance of 15.35579 feet to a point;
THENCE North 24-33-42 West, a distance of 13.83944 feet to a point;
THENCE South 53-41-20 West, a distance of 118.48119 feet to a point;
THENCE South 52-13-0 West, a distance of 451.47465 feet to a point;
THENCE South 27-12-0 West, a distance of 61.97861 feet to a point;
THENCE South 31-19-11 East, a distance of 415.65607 feet to a point;
THENCE South 46-41-59 West, a distance of 156.35225 feet to a point;
THENCE South 28-41-17 East, a distance of 4.90494 feet to a point;
THENCE South 82-32-53 West, a distance of 121.084 feet to a point;
THENCE South 14-7-34 West, a distance of 20 feet to a point;
THENCE North 75-52-26 West, a distance of 571.1713 feet to a point;
THENCE North 75-52-26 West, a distance of 566 feet to a point;
THENCE South 14-7-34 West, a distance of 7.56137 feet to a point;
3 of 8 EXHIBIT B
THENCE North 76-20-0 West, a distance of 20.00064 feet to a point;
THENCE North 14-7-34 East, a distance of 27.72175 feet to a point;
THENCE South 75-52-26 East, a distance of 570.11304 feet to a point;
THENCE North 24-20-8 West, a distance of 682.58191 feet to a point;
THENCE North 25-53-39 East, a distance of 9.23174 feet to a point;
THENCE North 83-43-0 West, a distance of 272.44155 feet to a point;
THENCE North 5-50-0 West, a distance of 187.47823 feet to a point;
THENCE South 88-33-0 West, a distance of 33.17156 feet to a point;
THENCE North 7-42-1 East, a distance of 20.25778 feet to a point;
THENCE North 88-33-0 East, a distance of 28.41704 feet to a point;
THENCE North 5-50-0 West, a distance of 46.54991 feet to a point;
THENCE North 39-11-0 East, a distance of 28.27605 feet to a point;
THENCE South 5-50-0 East, a distance of 257.91319 feet to a point;
THENCE South 83-43-0 East, a distance of 263.40548 feet to a point;
THENCE North 25-53-39 East, a distance of 346.49517 feet to a point;
THENCE North 35-12-56 East, a distance of 364.41156 feet to a point;
THENCE North 24-23-38 West, a distance of 21.4554 feet to a point;
THENCE North 65-39-6 West, a distance of 271.01951 feet to a point;
THENCE North 41-25-12 East, a distance of 20.33168 feet to a point;
THENCE South 65-29-8 East, a distance of 272.54195 feet to a point;
THENCE South 22-59-4 East, a distance of 18.78323 feet to a point;
THENCE North 39-27-7 East, a distance of 668.95207 feet to a point;
THENCE North 46-40-34 East, a distance of 173.3097 feet to a point;
THENCE North 26-46-21 East, a distance of 397.68105 feet to a point;
THENCE South 81-36-34 West, a distance of 266.03359 feet to a point;
THENCE South 84-16-17 West, a distance of 265.72572 feet to a point;
THENCE North 28-4-56 East, a distance of 30.32335 feet to a point;
THENCE North 84-31-53 East, a distance of 245.78566 feet to a point;
4 of 8 EXHIBIT B
THENCE North 82-56-45 East, a distance of 280.49416 feet to a point;
THENCE North 26-46-21 East, a distance of 49.37948 feet to a point;
THENCE North 3-52-42 East, a distance of 401.67711 feet to a point;
THENCE North 46-25-34 East, a distance of 137.26719 feet to a point;
THENCE North 62-3-14 East, a distance of 170.56604 feet to a point;
THENCE North 65-56-34 East, a distance of 151.43484 feet to a point;
THENCE North 9-27-0 East, a distance of 157.48211 feet to a point;
THENCE North 83-18-0 East, a distance of 10.41085 feet to a point;
THENCE South 32-26-0 East, a distance of 14.97867 feet to a point;
THENCE South 9-27-0 West, a distance of 135.98482 feet to a point;
THENCE North 65-56-34 East, a distance of 161.96485 feet to a point;
THENCE North 33-9-13 East, a distance of 77.7575 feet to a point;
THENCE North 5-17-26 West, a distance of 221.20015 feet to a point;
THENCE North 53-58-1 East, a distance of 192.03058 feet to a point;
THENCE North 56-2-53 West, a distance of 399.61042 feet to a point;
THENCE North 35-30-22 West, a distance of 53.30676 feet to a point;
THENCE South 56-10-32 East, a distance of 456.66043 feet to a point;
THENCE North 49-19-14 East, a distance of 504.05495 feet to a point;
THENCE North 26-35-47 East, a distance of 300.09061 feet to a point;
THENCE North 2-34-54 West, a distance of 488.05469 feet to a point;
THENCE North 19-11-2 West, a distance of 344.05192 feet to a point;
THENCE North 89-45-46 East, a distance of 21.08484 feet to a point;
THENCE South 19-9-47 East, a distance of 341.12147 feet to a point;
THENCE South 2-31-34 East, a distance of 498.47027 feet to a point;
THENCE South 27-4-34 West, a distance of 309.56693 feet to a point;
THENCE South 49-18-41 West, a distance of 504.89193 feet to a point;
THENCE South 53-47-8 West, a distance of 192.37072 feet to a point;
THENCE South 5-33-6 East, a distance of 223.51198 feet to a point;
5 of 8 EXHIBIT B
THENCE South 34-30-39 West, a distance of 97.93 feet to a point;
THENCE South 63-56-29 West, a distance of 192.2434 feet to a point;
THENCE South 9-27-0 West, a distance of 54.34338 feet to a point;
THENCE North 80-33-0 West, a distance of 20 feet to a point;
THENCE North 9-27-0 East, a distance of 40.07299 feet to a point;
THENCE South 63-56-29 West, a distance of 252.55742 feet to a point;
THENCE South 46-33-43 West, a distance of 174.82 feet to a point;
THENCE South 3-47-39 West, a distance of 385.88215 feet to a point;
THENCE South 27-11-52 West, a distance of 475.55947 feet to a point;
THENCE South 41-2-9 West, a distance of 862.83324 feet to a point;
THENCE South 34-32-23 West, a distance of 357.22074 feet to a point;
THENCE South 26-11-24 West, a distance of 361.0993 feet to a point;
THENCE South 30-59-47 East, a distance of 320.374 feet to a point;
THENCE South 27-53-16 East, a distance of 368.88 feet to a point;
THENCE North 76-30-41 East, a distance of 36.34 feet to a point;
THENCE South 73-18-29 East, a distance of 378.48624 feet to a point;
THENCE South 60-27-24 East, a distance of 85.59163 feet to a point;
THENCE North 80-24-38 East, a distance of 117.56155 feet to a point;
THENCE South 28-41-17 East, a distance of 3.02255 feet to a point;
THENCE North 45-44-50 East, a distance of 143.36263 feet to a point;
THENCE North 31-27-59 West, a distance of 409.88035 feet to a point;
THENCE North 27-12-0 East, a distance of 72.02139 feet to a point;
THENCE North 52-13-0 East, a distance of 457.03839 feet to a point;
THENCE North 53-39-7 East, a distance of 437.98793 feet to a point;
THENCE North 52-43-10 East, a distance of 230.27702 feet to a point;
THENCE South 88-26-42 East, a distance of 540.32788 feet to a point;
THENCE North 45-42-24 East, a distance of 439.16048 feet to a point;
THENCE North 46-19-55 East, a distance of 398.72942 feet to a point;
6 of 8 EXHIBIT B
THENCE North 7-41-15 East, a distance of 30.64447 feet to a point;
THENCE South 88-1-37 East, a distance of 513.86137 feet to a point;
THENCE North 89-10-19 East, a distance of 722.37 feet to a point;
THENCE South 0-14-15 East, a distance of 15 feet to the POINT OF BEGINNING,
containing 8.35 acres of land, more or less.
Parcel 4:
(1.24 acre)
BEING a 1.24 acre parcel of land located in the W. Y. Allen Survey, Abstract 34, and the B. B.
Johnson Survey, Abstract 869, Tarrant County, Texas, being a portion of that certain 35.48 acre
Tract No. A-30 acquired by the United States of America from Alton Corbin, et ux, by General
Warranty Deed, being more particularly described as follows, all bearings being referred to the
Texas State Plane Coordinate System, North Central Zone 4202:
COMMENCING at the C.O.E. monument A-148, thence South 51-18-25 East, a distance of
20.53 feet to the POINT OF BEGINNING, said point having the coordinates X:
2401838.728867, Y: 7034183.733700,
THENCE South 50-15-55 West, a distance of 234.08146 feet to a point;
THENCE North 54-51-37 West, a distance of 157.69006 feet to a point;
THENCE South 61-39-14 West, a distance of 273.29887 feet to a point;
THENCE South 31-35-25 East, a distance of 395.53038 feet to a point;
THENCE South 81-1-41 East, a distance of 111.79129 feet to a point;
THENCE South 44-51-32 West, a distance of 413.78751 feet to a point;
THENCE South 61-37-13 West, a distance of 400.9052 feet to a point;
THENCE South 6-7-15 East, a distance of 140.30915 feet to a point;
THENCE South 50-45-50 West, a distance of 252.74779 feet to a point;
THENCE North 0-16-0 East, a distance of 24.85112 feet to a point;
THENCE North 51-3-51 East, a distance of 224.7708 feet to a point;
THENCE North 6-7-37 West, a distance of 145.2211 feet to a point;
THENCE North 61-36-54 East, a distance of 12.31526 feet to a point;
THENCE North 20-30-0 West, a distance of 93.80132 feet to a point;
THENCE North 64-38-37 East, a distance of 20.07205 feet to a point;
THENCE South 20-30-0 East, a distance of 92.73062 feet to a point;
7 of 8 EXHIBIT B
THENCE North 61-36-54 East, a distance of 376.41961 feet to a point;
THENCE North 45-40-23 East, a distance of 387.67609 feet to a point;
THENCE North 80-12-8 West, a distance of 101.66309 feet to a point;
THENCE North 31-42-53 West, a distance of 403.15871 feet to a point;
THENCE North 59-24-25 West, a distance of 311.02963 feet to a point;
THENCE North 43-28-21 West, a distance of 39.80664 feet to a point;
THENCE North 52-12-0 West, a distance of 72.30997 feet to a point;
THENCE South 59-24-25 East, a distance of 420.93871 feet to a point;
THENCE North 61-41-59 East, a distance of 291.38174 feet to a point;
THENCE South 54-17-9 East, a distance of 154.69618 feet to a point;
THENCE North 49-58-0 East, a distance of 216.80043 feet to a point;
THENCE South 45-25-47 East, a distance of 20.49412 feet to the POINT OF BEGINNING,
containing 1.24 acres of land, more or less.
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.
8 of 8 EXHIBIT B
PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA)
1. REAL PROPERTY TRANSACTION: The U.S. Army Corps of Engineers
proposes to issue Easement No. DACW63-2-23-0645, which will City of Grapevine
to continue to use approximately 10.26 acres of land for a sanitary sewer pipeline,
associated lift station, and waterline at Grapevine Lake, Texas. The new easement
will become effective on 15 June 2023 and expires on 14 June 2073.
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 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 Mr. John Mathney, U.S. Army
Corps of Engineers Lake Manager, on 10 July 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 C
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 C
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