HomeMy WebLinkAboutItem 33 - Utilities LicenseMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: JANUARY 16, 2024
SUBJECT: APPROVE 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 near Bayou Road.
FUNDING SOURCE: Funds are available in the Utility Enterprise Fund and estimated to be
$1,660.
BACKGROUND: The City has many facilities located on U.S. Army Corps of Engineers
(USACE) property that serve surrounding developments. The USACE has
begun a process to identify and grant long-term license agreements for
these assets. Two such assets are the sanitary sewer line and the Dooley
Lift Station near Bayou Road (see exhibit). This agreement (DACW63-2-
23-0672) will allow the City to operate and maintain these facilities for a
50-year term and has a $1,660 cost.
This easement replaces the existing easement (DAWC63-2-73-0310) that
was signed in March 1973 for a 50-year term.
Staff recommends approval.
EASEMENT NO. DACW63-2-23-0672
Replaces No. DACW63-2-73-0310
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 the operation and maintenance of a
sanitary sewer line and lift station, of varying lengths and widths, approximately 1.116
acres, 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 fifty (50) years, beginning
March 29, 2023 and ending March 28, 2073.
2. CONSIDERATION
The consideration for this easement shall be the operation and maintenance of a
sewer line and lift station 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, Post Office Box 95104, Grapevine,
Texas 76099; 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
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EASEMENT NO. DACW63-2-23-0672
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",
"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.
6. 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
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EASEMENT NO. DACW63-2-23-0672
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. DACW63-2-23-0672
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. DACW63-2-23-0672
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 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
Page 5 of 8
EASEMENT NO. DACW63-2-23-0672
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 6 of 8
EASEMENT NO. DACW63-2-23-0672
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 sewer pipeline shall be buried at a minimum of 24 inches.
b. Sewer lines and manholes shall be of a sealed waterproof construction,
including the manhole cover which shall be bolted down on a water -tight gasket. The
watertight cover will not be required if the top of the manhole is at or above the flowage
easement elevation.
c. Lift stations shall be of a sealed waterproof construction, and the top shall not
be lower than 5 feet above the 50-year flood frequency elevation. Lift stations shall be
provided with waterproof electric lines and connections, and with operating controls
located above the flowage easement elevation to allow continued operation of the lift
station when water reaches that elevation. Lift stations will not be required to be of a
sealed waterproof construction if the top is at or above the flowage easement elevation.
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. DACW63-2-23-0672
IN WITNESS WHEREOF, I have hereunto set my hand by authority of the
Secretary of the Army this day of , 20 .
Lee A. Flannery
Deputy Chief, Real Estate Division
Real Estate Contracting Officer
THIS EASEMENT is also executed by the Grantee this day of
20_.
City of Grapevine
Signature
Title
Page 8 of 8
ACKNOWLEDGMENT
STATE OF TEXAS §
§ SS.
COUNTY OF TARRANT §
On this day of , 20_, 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 , 20_.
Notary Public, State of Texas
My Commission Expires:
Printed Name:
STATE OF TEXAS §
§ SS.
COUNTY OF §
On this day of , 20_, 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, (Name), certify that I am the
(Title) of 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 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.
TRINITY REGIONAL PROJECT
TARRANT COUNTY, TEXAS
GRAPEVINE RESERVOIR
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& SAMUEL FREEMAN SURVEY, ABSTRACT NUMBER 526
CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS
BEING a 1.1159 acre tract of land located in the Samuel Freeman Survey, Abstract No. 526, and in the Archibald F.
Leonard Survey, Abstract No. 946, City of Grapevine, Tarrant County, Texas, said 1.1159 acre tract of land also being
a portion of those tracts of land identified as "Tract A-226" and "Tract A-21", conveyed to UNITED STATES OF
AMERICA, by deeds thereof filed for record in Tarrant County Clerk's Instrument No. (Ins. No.) D151014212 and
D152016496, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), said 1.1159 acre tract of land being more
particularly described by metes and bounds as follows:
BEGINNING on the east property line of said "Tract A-228", same also being the southwest lot corner of Lot 11AR,
Shorecrest Acres Addition, being an Addition to the said City and State, according to the plat thereof filed for record
in Volume 388-153, Page 90, O.P.R.T.C.T., said beginning point being at the apparent northeast corner of an existing
50 feet wide easement as shown on sheet 4 of the City of Grapevine Right -of -Way Strip Map with Job No. 2965 and
dated May, 1991, (No deed record found), said beginning point also being the northwest right-of-way corner of
Redbud Lane (being a 50 feet wide public right-of-way), said beginning point having a NAD83 Texas North Central
Zone (4202) grid coordinate of N: 7,033,653.23 and E: 2,406,473.21;
THENCE South 09°57'32" East, along the east property line of said "Tract A-226", and along the west right-of-way
line of said Redbud Lane, passing at 50.69 feet a 1/2" iron rod found at the northwest lot corner of Lot 10,
Shorecrest Acres, being an Addition to the said City and State, according to the plat thereof filed for record in
Volume 388-L, Page 81, O.P.R.T.C.T., and continuing along the said east property line, and along the west lot line of
said Lot 10, in all a total distance of 130.56 feet to a 1/2" inch iron rod found at the southwest lot corner of said Lot
10, same being a northwest lot corner of Lot 14, Block 1, Lakewood Acres, being an Addition to the said City and
State according to the plat thereof filed for record in Volume 388-139, Page 68, O.P.R.T.C.T.;
THENCE along the east property lines of said "Tract A-2213" and said "Tract A-21", and along the west Block line of
said Lakewood Acres the following courses and distances:
South 09°39'29" East, 690.35 feet;
South 09°30'03" East, 387.85 feet to a 1/2" iron rod found at the southwest lot corner of Lot 1, Block 1 of said
Lakewood Acres, same being on the north right-of-way line of Bushong Drive (being a 60 feet wide public
right-of-way);
THENCE South 89°23'15" West, along the north right-of-way line of said Bushong Drive, 8.67 feet to a southwest
property line of said "Tract A-21", same being the east lot corner of Lot 8, Block 1, Cable Creek Estates, an Addition
to the said City and State, according to the plat thereof filed for record in Volume 388-164, Page 58, O.P.R.T.C.T.;
THENCE North 45°12'27" West, along the said property line and along the northeast lot line of said Lot 8, 19.59 feet
to the west line of an existing Easement and Right-of-way for a Sanitary Sewer Pipeline with Lift Station that has
expired on March 28, 2023, according to the instrument thereof filed for record in the Department of the Army's
Document Number DACW63-2-73-0310;
THENCE over and across said "Tract A-21" and "Tract A-226" the following courses and distances:
North 09°30'03" West, along the the said expired easement and right-of-way line, 363.61 feet to the southeast
easement corner of the said expired easement;
WEST, along the south line of the said expired easement and right-of-way, 376.21 feet to a point on the east line
of N. Dolley Street, being a 60' easement conveyed to the City of Grapevine, as noted on Sheet 4 of the Dooley
Street paving plans having a Job No. of 2965 and dated May,1991, said point being at the beginning of a curve to
the right having a radius of 1,970.00 feet;
EXHIBIT "A" — PAGE 1 of 4
Spooner & Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 - PH. 817-685-8448 - espooner@spoonersurveyors.com - S&A 22022
1 of 2 EXHIBIT C
EXHIBIT "A"
SANITARY SEWER EASEMENT
ARCHIBALD F. LEONARD SURVEY, ABSTRACT NUMBER 946
& SAMUEL FREEMAN SURVEY, ABSTRACT NUMBER 526
CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS
Along the said east line of Dooley Street and along said curve to the right, an arc length of 50.28 feet, and across
a chord which bears North 06°02'09" East, a chord length of 50.28 feet to a point from which a 1/2" iron rod
found at the northeast lot corner of Lot 1, Block 1, Dooley Elementary School Addition, an Addition to the said
City and State, according to the plat thereof filed for record in Cabinet A, Slide 2066, O.P.R.T.C.T., bears North
47'48'07" West, 110.22 feet;
EAST, along the north line of the said expired easement and right-of-way, 362.43 feet to the said west line of the
existing 20' Sanitary Sewer Easement;
North 09°39'29" West, along the west line of the said expired easement and right-of-way, 647.65 feet;
North 16°35'50" West, 84.20 feet to a point on the south line of Redbud Lane, being a 50' easement conveyed to
the City of Grapevine, as noted on said Sheet 4 of the said Dooley Street paving plans having a Job No. of 2965
and dated May, 1991, from said point a 3" brass monument stamped "CORPS OF ENGINEERS - U.S. ARMY A-73",
bears South 44°24'03" West, 434.13 feet;
South 89°28'35" West, along the said south line of Redbud Lane, 109.04 feet to the said east line of N. Dooley
Street, same being at the beginning of a curve to the right having a radius of 1,230.00 feet;
Along the said east line of Dooley Street and along said curve to the right, an arc length of 50.12 feet, and across
a chord which bears North 03"24'41" East, a chord length of 50.12 feet;
North 89°28'35" East, along the north line of said Redbud Lane, 127.42 feet to POINT OF BEGINNING.
The hereinabove described tract of land contains a computed area of 1.1159 acres (48,608 square feet) of land,
more or less.
The bearings recited hereinabove are based on a local coordinate system based on NAD83 Texas North Central Zone
4202, derived from GPS RTK observations using the North Texas VRS Network (maintained by Allterra Central, Inc.)
I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the foregoing
description accurately sets out the metes and bounds description of the easement tract described herein.
iA,b. 10-31-23
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4 ERIC S. SPOONER
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Eric S.4pooner, RPLS
Spooner & Associates, Inc.
Texas Registration No. 5922
TBPLS Firm No. 10054900
EXHIBIT "A" — PAGE 2 of 4
Spooner & Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 - PH. 817-685-8448 - espooner(@spoonersurveyors.com - S&A 22022
2 of 2 EXHIBIT C
PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA)
1. REAL PROPERTY TRANSACTION: The U.S. Army Corps of Engineers
proposes to issue Easement No. DACW63-2-23-0672, which will allow City of
Grapevine to continue to use 1.116 acres of land for a sewer line and lift station at
Grapevine Lake, Texas. The new easement will become effective on
29 March 2023 and expires on 28 March 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 U.S. Army Corps of Engineers
Ranger, Mr. Austin Smith, on 24 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 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 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
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, FORT WORTH DISTRICT
P.O. BOX 17300
FORT WORTH, TX 76102-0300
November 6, 2023
Real Estate Division
SUBJECT: Grapevine Lake, Texas; Easement No. DACW63-2-23-0672
Mr. Bryan Beck
Public Works Director
City of Grapevine
Post Office Box 95104
Grapevine, Texas 76099
Dear Mr. Beck:
Enclosed are three copies of the subject easement granting the City of Grapevine
permission to operate and maintain a sewer line and lift station at Grapevine Lake,
Texas. The total administrative cost to renew this easement is $1_,660,_payable
immediately upon receipt.
Please sign, date, and return all three copies of the easement, along with your
payment, to the above address, Attention: CESWF-RE-M (Mrs. Tracee Johnston). Make
the check or money order payable to F&A Officer, USAED, Fort Worth. Once signed,
two fully executed copies of the easement shall be returned to you for your records.
If you have any questions, please contact Mrs. Tracee Johnston, 817-886-1236 or
Tracee.L.Johnston@usace.army.mil.
Sincerely,
James B. iIIer
Chief, Management and Disposal Branch
Real Estate Division
Enclosure