HomeMy WebLinkAboutItem 23 - Fairway DriveMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: APRIL 16, 2024
SUBJECT: U.S. ARMY CORPS OF ENGINEERS LICENSE FOR GRAPEVINE
UTILITIES
RECOMMENDATION: City Council to consider approval to enter into a license agreement to
allow for utilities along Fairway Drive with the U.S. Army Corps of
Engineers (USACE).
FUNDING SOURCE: Funds are available in the Utility Enterprise Fund estimated at $1,660.
BACKGROUND: The Fairway Drive water line construction project was approved at the
April 2, 2024 meeting. This waterline requires a USACE easement from
the connection with the existing 16" water line at SH 26 to the connection
with the existing 16" waterline north of Treatment Trail. This agreement
(DACW63-2-24-0535) will allow the City to operate and maintain these
facilities for a 50-year term and has a $1,660 cost.
Staff recommends approval.
EASEMENT NO. DACW63-2-24-0535
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 for installation, maintenance,
operation, and repair of two waterlines, 12" and 8" in diameter, approximately 15 feet in
width and 3,316 feet in length, and associated structures, 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
February 1, 2024 and ending January 31, 2074.
2. CONSIDERATION
The consideration for this easement shall be the construction, operation, and
maintenance of the waterlines 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, 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 properly sealed envelope or wrapper addressed as aforesaid,
Page 1 of 8
EASEMENT NO. DACW63-2-24-0535
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. DACW63-2-24-0536
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. DACW63-2-24-0535
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. DACW63-2-24-0535
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. DACW63-2-24-0535
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. DACW63-2-24-0535
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 portion of the water line crossing Fairway Drive across the dam shall be
installed by open cut method. °
b. The Grantee shall prepare a storm water pollution prevention plan (SWPPP)
and provide the Real Estate Contracting Officer with proof of filing a Notice of Intent
(NOI) with the Environmental Protection Agency.
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. DACW63-2-24-0535
IN WITNESS WHEREOF, I have hereunto set my hand by authority of the
Secretary of the Army this day of , 2024
Lee A. Flannery
Deputy Chief, Real Estate Division
Real Estate Contracting Officer
THIS EASEMENT is also executed by the Grantee this day of
, 2024.
City of Grapevine, Texas
Signature
Title
Page 8 of 8
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF TARRANT
On this day of
undersigned officer, personally apl
Worth District, on behalf of the Uni
person whose name is subscribed
cited authority and acknowledged
the purposes and consideration th
Given under my hand and seal thi
STATE OF TEXAS
COUNTY OF
§
§ SS.
§
Top portion is for USACE notary. the
Please do not fill out. -,
rs, Fort
to be the
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capacity for
My Commission Expires:
Printed Name:
§ SS.
§
, 2024.
On this day of , 2024, 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.
City of Grapevine, Texas
Please read prior to completing
form. Call or email with questions.
Date
AFFIX COMPANY SEAL
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.
Legend
MONUMENTS
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1 of 1
Exhibit A
° MATCH LINE I DETAIL "A"
(SEE SHEET 5)
I I � SCALE 1" = 50'
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LEASE U ` d 0 Z L72
LINE 1 ¢ 000 P.O.B. �� L1 P.O.C.
15 T1 w' I a NAD83 (GRID) N 70 83 (GRID)
\ 0 m N:7031212.87
o ¢ . r a N:7031215.04
E:2411558.08 E:2411560.45
L6
\ TRACT NO. A-1A
L5 UNITED STATES OF AMERICA 0 75 150
L63
L4 L64 I (CIVIL ACTION 1461)
L65. 1.1419 ACRES NORTH GRAPHIC SCALE IN FEET
C7 \
CALLED 120.50 ACRES \ 49,741 SO. FT.
PARCEL 2
EAST GAYLORD RIGHT-OF-WAY EASEMENT /���
CONVENTION CENTER LEASE \ 6'�+ \ TRACT AIIA - PARCEL 3, PART 2 / /
\ (NO. DACW63-2-88-0586) 0•�1
APPROXIMATE LOCATION 1\ // PAlp
OF 80' ROAD EASEMENT
TRACT NO. 1
NO. DACW63-2-56-0008
L 70 \ \ �L69 L _//
BDF
"ACOE A-29" 0 C8
LOT 1, BLOCK 1 \ \ STATE OF TEXAS
OPRYLAND FOURTH ADDITION _ _ ROAD OR STREET EASEMENT
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(INST. NO. D211179935) I ��� IF / P.O.B. (VOL. 3387, PG. 432)
/ 5/8" IRF BEARS I SEE
/ S42°21'20"W - 45.14' DETAIL "A" LEGEND
NOTES: I _ P.O.C. = POINT OF COMMENCING
P.O.B. = POINT OF BEGINNING
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), BDF = BRASS DISK FOUND
North Central Zone (4202). ADF = ALUMINUM DISK FOUND
IRF = IRON ROD FOUND
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey plat accurately sets out the metes
and bounds of the easement tract.
WATERLINE EASEMENT
MORGAN HOOD SURVEY, ABST. NO.
699, GEORGE MARTIN SURVEY
OFT ABST. NO. 1003 & ANDREW
`✓ — �'�?:• GIsrEp�'c. � ANDERSON SURVEY, ABST. NO. 26
�OSHUA D. WARGO CITY OF GRAPEVINE
REGISTERED PROFESSIONAL ...:......................G TARRANT COUNTY, TEXAS
LAND SURVEYOR NO. 6391 1OSHUA D. WARGO
801 CHERRY STREET � •••:••A3, 6391 ••••••••• Kimlev*HornUNIT 11 SUITE 1300o Qv'•
FORT WORTH, TEXAS 76102 ��9,1; •OF E S S��yo� 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335 6511
PH. 817-335-6511 S U R V Fort Worth, Texas 76102 FIRM # 10194040 v .kimley-hom.com
josh.wargo@kimley-horn.com Scale Drawn by Checked by Date Proiect No. Sheet No.
1" = 150' CRG JDW I\ 1l10I 4 OF 6
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CALLED 111.62 ACRES MORGAN 699 HOOD SURVEY
0 75 150 PARCEL 1 ABSTRACT
SILVER LAKE MARINA LEASE
GRAPHIC SCALE IN FEET I L32
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LEGEND
BDF = BRASS DISK FOUND
ADF = ALUMINUM DISK FOUND
IRF = IRON ROD FOUND
CALLED 26.60 ACRES
PARCEL 2
SILVER LAKE MARINA LEASE
1.1419 ACRES
49,741 SQ. FT.
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CALLED 830.14 ACRES
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COWBOYS GOLF COURSE LEASE
WATERLINE EASEMENT
MORGAN HOOD SURVEY, ABST. NO.
699, GEORGE MARTIN SURVEY
ABST NO
1003 & ANDREW
Ll1
ANDERSON SURVEY, ABST. NO. 26
L10
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CITY OF GRAPEVINE
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TARRANT COUNTY, TEXAS
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Tel. No. (817) 335-6511
Fort Worth, Texas 76102 FIRM#10194040 www.kimley-hom.com
Stele
Drawn by
Checked by Date
I
Proiect No.
Sheet No.
063096026
I 5 OF 8
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)96026-GRAJ\,NE
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2 of 3
EXHIBIT B
LINE TABLE LINE TABLE LINE TABLE LINE TABLE
NO. BEARING LENGTH NO. BEARING LENGTH NO. BEARING LENGTH NO. BEARING LENGTH
L1 N47°41'09"W 3.22' L21 N20°55'37"E 10.00, L41 N31°52'30"E 1.91, L61 N83°36'49"W 72.63'
L2 N47°41'09"W 21.09' L22 S69°04'23"E 11.97' L42 S58°07'30"E 15.00' L62 S20°55'37'W 954.11'
L3 N40°05'18"W 301.25' L23 N20°55'37"E 8.32' L43 S31°52'30"W 8.09, L63 N49°44'49"E 7.59'
L4 S62°36'27"W 1.14' L24 S69°04'23"E 1.67' L44 S76°38'48"W 22.02' L64 I S40°15'11"E 10.00'
L5 N27°23'33"W 16.71' L25 N06°23-11"E J 113.95' L45 S30°17-02"W 5.15' L65 I S49°44'49"W 8.24'
L6 N62°36'27"E 1.33' L26 N16°06'49"W I 13.20' L46 S59°42'58"E I 6.79' L66 I S40°05'18"E I 293.79'
L7 N20°55'37"E 1.92' L27 I S73°53'1 VW I 3.87' L47 S72°52'09"E I 12.45' L67 I N49°52'03"E I 103.78'
L8 N69°04'23'W 10.98' L28 I N16°06'49"W I 17.70' L48 I S17°07'51"W I 15.00' L68 I S41°39'56"E I 86.43'
L9 I N20°55'37"E 10.00' L29 I N73°53'11"E I 3.87' L49 I N72°52'09"W I 14.18' L69 I S48'20'04"W I 15.00'
L10 I S69°04'23"E 9.19' L30 I N16°06'49"W I 29.53' L50 I N59°42'58"W I 8.52' L70 I N41°39'56"W I 71.82'
L11 I N20°55'37"E I 9.18' L31 I S89°33'43"W 11894.40' L51 I S30°17'02"W J 139.43' L71 S49°52'03"W 89.27'
L12 I S69°04'23"E 1.79' L32 I N73°53'11"E I 15.00' L52 I S06°23'11"W I 74.36' L72 S02°16'39"E I 10.98'
L13 I N20°55'37"E I 475.82' L33 I S16°06'49"E 63.41' L53 I S28°53'11"W I 12.71' L73 N47°41'09'W I 151.34'
L14 N69°04'23"W I 14.00' L34 S06°23-11"W I 102.55' L54 I S61-10-1WE I 0.10'
L15 N20°55'37"E I 10.00' L35 S83°36'49"E 62.60' L55 I N73°49'50"E 6.96'
L16 S69°04'23"E I 12.26' L36 I N28°53-11"E I 364.41' L56 I S16°10'10'E I 10.00,
\ �
L17 N20°55'37"E I 9.55' L37 I N06°23'11"E I 74.55' L57 I S73°49'50"W J 11.10' \ NORTH
OR
L18 I S69°04'23"E I 1.74' L38 N65°50-34"W 12732.35' L58 I N61°10'10"W I 4.25' 0 75 150
L19 I N20°55'37"E 430.45' L39 N30°17'02"E I 169.18' L59 I S28°53-11"W I 354.71,
L20 I N69°04'23"W 14.00' L40 I N76°38'48"E I 22.26' L60 I S42°44'55"E 11246.66' GRAPHIC SCALE IN FEET
CURVE TABLE DETAIL "B" L41
SCALE 1" = 50'
NO. DELTA RADIUS LENGTH CHORD BEARING CHORD `�0 Cg2
C1 37°10'15" 342.50' 222.20' N21°30'10"W 218.32' L45 L43
C2 12°33'23" 607.50' 133.13' N33°48'37'W 132.87' L46 L44
C3 46°52'58" 607.50' 497.09' NO2°30'52"W 483.34' L47
C4 12°59'48" 278.07' 63.08' N12°42'11"E 62.94' �49 J
C5 14°25'31" 307.50' 77.42' S13°42'51"W 77.21' L50
C6 56°57'56" 592.50' 589.08' S07°33'21 "E 565.12'
C7 3°04'50" 592.50' 31.86' S38°32'53"E 31.85' WATERLINE EASEMENT
cs 33°33'59" 388.77' 227.76' S20°34'42"E 224.52' MORGAN HOOD SURVEY, ABST. NO.699, GEORGE MARTIN SURVEY
LEGEND _ _ ABST. NO. 1003 & ANDREW
BDF = BRASS DISK FOUND F SEE ANDERSON SURVEY, ABST. NO. 26
ADF = ALUMINUM DISK FOUND i DETAIL"B" CITY OF GRAPEVINE
IRF = IRON ROD FOUND TARRANT COUNTY, TEXAS
I L J
BDF_; 'K!�imley)))Horn
"COE A-49" v
MATCH LINE 801 Cherry Street, Unit 11, n • acn Tel. No. (817) 335 6511
I / (SEE SHEET 5) Fort Worth, Texas 76102 l ao www.kinnley-honn.com
T 11 T lllll� S=1a 1 Drawn by Checked by I\ Date Proiect No. Sheet No.
6ENSHEIMER, RILEY 2/6/2024 2:06 PM K:1FTW SURVEY1063096026-GRAPEVINE FAIRWAY DRIDWG1063 )96026-GR0 VINE FAIRWAV_WL SMT.DWG10/2024 I 063096026 I 6 OF 6
3 of 3 EXHIBIT B
LEGAL DESCRIPTION
BEING a 1.1419 acre (49,741 square foot) tract of land situated in the Morgan Hood Survey, Abstract No. 699, the
George Martin Survey, Abstract No. 1003, and the Andrew Anderson Survey, Abstract No. 26, City of Grapevine,
Tarrant County, Texas, and being part of that tract of land described in Declaration of Taking No. 3, filed August 25,
1948 in Condemnation Proceedings (Civil No. 1461) in the District Court of the United States for the Northern District
of Texas, Fort Worth Division, and being designated as Tract No. A-1A for Grapevine Lake, and being more
particularly described as follows:
COMMENCING at the easternmost corner of Lot 1, Block 1, Opryland Fourth Addition, an addition to the City of
Grapevine according to the plat recorded in Instrument No. D211179935, Official Public Records, Tarrant County,
Texas, and being a point in the northwest right-of-way line of State Highway No. 26 (a variable width right-of-way),
from which a 5/8-inch iron rod found bears South 42°21'20" West, a distance of 45.14 feet;
THENCE North 47°41'09" West, along the easternmost northeast line of said Lot 1, a distance of 3.22 feet to the
POINT OF BEGINNING;
THENCE North 47°41'09" West, continuing along the said easternmost northeast line, a distance of 21.09 feet to a
point for corner, being the beginning of a non -tangent curve to the left with a radius of 342.50 feet, a central angle of
37010'15", and a chord bearing and distance of North 21°30'10" West, 218.32 feet, from which a brass disk stamped
"ACOE A-29" found for the easternmost north corner of said Lot 1 bears North 47°41'09" West, a distance of 151.34
feet;
THENCE in northwesterly direction, departing the said easternmost northeast line, with said non -tangent curve to the
left, an arc distance of 222.20 feet to a point for corner;
THENCE North 40°05'18" West, a distance of 301.25 feet to a point for corner, being the beginning of a tangent
curve to the right with a radius of 607.50 feet, a central angle of 1203323", and a chord bearing and distance of North
33048'37" West, 132.87 feet;
THENCE in a northwesterly direction, with said tangent curve to the right, an arc distance of 133.13 feet to a point for
corner;
THENCE South 62°36'27" West, a distance of 1.14 feet to a point for corner;
THENCE North 27°23'33" West, a distance of 16.71 feet to a point for corner;
THENCE North 62°36'27" East, a distance of 1.33 feet to a point for corner, being the beginning of a non -tangent
curve to the right with a radius of 607.50 feet, a central angle of 46°52'58", and a chord bearing and distance of North
02°30'52" West, 483.34 feet;
THENCE in a northerly direction, with said non -tangent curve to the right, an arc distance of 497.09 feet to a point for
corner;
THENCE North 20°55'37" East, a distance of 1.92 feet to a point for corner;
THENCE North 69°04'23" West, a distance of 10.98 feet to a point for corner;
THENCE North 20°55'37" East, a distance of 10.00 feet to a point for corner;
THENCE South 69004'23" East, a distance of 9.19 feet to a point for corner;
THENCE North 20°55'37" East, a distance of 9.18 feet to a point for corner;
THENCE South 69°04'23" East, a distance of 1.79 feet to a point for corner;
THENCE North 20055'37" East, a distance of 475.82 feet to a point for corner;
THENCE North 69°04'23" West, a distance of 14.00 feet to a point for corner;
THENCE North 20055'37" East, a distance of 10.00 feet to a
point for corner; WATERLINE EASEMENT
THENCE South 69004'23" East, a distance of 12.26 feet to a MORGAN HOOD SURVEY, ABST. NO.
point for corner; 699, GEORGE MARTIN SURVEY
THENCE North 20°55'37" East, a distance of 9.55 feet to a ABST. NO. 1003 & ANDREW
point for corner; ANDERSON SURVEY ABST. NO. 26
THENCE South 69°04'23" East, a distance of 1.74 feet to a CITY OF GRAPEVINE
point for corner; TARRANT COUNTY TEXAS
THENCE North 20055'37" East, a distance of 430.45 feet to a
point for corner;
THENCE North 69004'23" West, a distance of 14.00 feet to a Kimley*Horn
point for corner;801tr1.76511
Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com
CONTINUED ON SHEET 2 Scale I Drawn by I Checkedbv II Date Project No. I Sheet No.
NIA
GENSHEIMER, RILEY 2/6/2024 2:05 PM K:\FTW-SURVEY\063096026-GRAPEVINE FAIRWAY DRIDWG1063 196026-GRA�jEVINE FAIRWAY_WL SMT.DWG10/2024 I 063096026 1 OF 6
1 of 3 EXHIBIT C
LEGAL DESCRIPTION (CONTINUED)
THENCE North 20e55'37" East, a distance of 10.00 feet to a point for corner;
THENCE South 69e04'23" East, a distance of 11.97 feet to a point for corner;
THENCE North 20e55'37" East, a distance of 8.32 feet to a point for corner;
THENCE South 69e04'23" East, a distance of 1.67 feet to a point for corner, being the beginning of a non -tangent
curve to the left with a radius of 278.07 feet, a central angle of 12059'48", and a chord bearing and distance of North
12'42'11" East, 62.94 feet;
THENCE in a northerly direction, with said non -tangent curve to the left, an arc distance of 63.08 feet to a point for
corner;
THENCE North 06023'11" East, a distance of 113.95 feet to a point for corner;
THENCE North 16e06'49" West, a distance of 13.20 feet to a point for corner;
THENCE South 73'53'11" West, a distance of 3.87 feet to a point for corner;
THENCE North 16006'49" West, a distance of 17.70 feet to a point for corner;
THENCE North 73'53'11" East, a distance of 3.87 feet to a point for corner;
THENCE North 16e06'49" West, a distance of 29.53 feet to a point for corner, from which a brass disk stamped "COE
A-45" found bears South 89'33'43" West, a distance of 1,894.40 feet;
THENCE North 73'53'11" East, a distance of 15.00 feet to a point for corner;
THENCE South 16006'49" East, a distance of 63.41 feet to a point for corner;
THENCE South 06023'11" West, a distance of 102.55 feet to a point for corner;
THENCE South 83e36'49" East, a distance of 62.60 feet to a point for corner;
THENCE North 28*53'11" East, a distance of 364.41 feet to a point for corner;
THENCE North 06023'11" East, a distance of 74.55 feet to a point for corner, from which a brass disk stamped "COE
A-49" found bears North 65°50'34" West, a distance of 2,732.35 feet;
THENCE North 30e17'02" East, a distance of 169.18 feet to a point for corner;
THENCE North 76e38'48" East, a distance of 22.26 feet to a point for corner;
THENCE North 31 e52'30" East, a distance of 1.91 feet to a point for corner;
THENCE South 58e07'30" East, a distance of 15.00 feet to a point for corner;
THENCE South 31 °52'30" West, a distance of 8.09 feet to a point for corner;
THENCE South 76e38'48" West, a distance of 22.02 feet to a point for corner;
THENCE South 30'17'02" West, a distance of 5.15 feet to a point for corner;
THENCE South 59e42'58" East, a distance of 6.79 feet to a point for corner;
THENCE South 72e52'09" East, a distance of 12.45 feet to a point for corner;
THENCE South 17e07'51" West, a distance of 15.00 feet to a point for corner;
THENCE North 72e52'09" West, a distance of 14.18 feet to a point for corner;
THENCE North 59e42'58" West, a distance of 8.52 feet to a point for corner;
THENCE South 30'17'02" West, a distance of 139.43 feet to a point for corner;
THENCE South 06023'11" West, a distance of 74.36 feet to a point for corner;
THENCE South 2805311" West, a distance of 12.71 feet to a point for corner;
THENCE South 61 e10'10" East, a distance of 0.10 feet to a point for corner;
THENCE North 73e49'50" East, a distance of 6.96 feet to a point for corner;
THENCE South 16'1010" East, a distance of 10.00 feet to a point for corner;
THENCE South 73e49'50" West, a distance of 11.10 feet to a point for corner;
THENCE North 61*1010" West, a distance of 4.25 feet to a point for corner;
THENCE South 28053'11" West, a distance of 354.71 feet to a
point for corner, from which a brass disk stamped "ACOE A-26" WATERLINE EASEMENT
found bears South 42°44'55" East, a distance of 1,246.66 feet; MORGAN HOOD SURVEY ABST. NO.
THENCE North 83e36'49" West, a distance of 72.63 feet to a 699, GEORGE MARTIN SURVEY
point for corner, being the beginning of a non -tangent curve to ABST. NO. 1003 & ANDREW
the right with a radius of 307.50 feet, a central angle of
14025'31", and a chord bearing and distance of South 13e42'51" ANDERSON SURVEY, ABST. NO. 26
West, 77.21 feet; CITY OF GRAPEVINE
TARRANT COUNTY, TEXAS
CONTINUED ON SHEET 3 Kimley*Horn801 tr1.76511
Fort Worth, Texas 76102 FIRM # 10194040 www.kimley-hom.com
Scale Drawn by Checked by Date Proiect No. Sheet No.
NIA CRG JDW 1/1012024 I 063096026 I 2 OF 6
GENSHEIMER, RILEY 2/6/2024 2:05 PM K:1FTW SURVEY1063096026-GRAPEVINE FAIRWAY DRIDWG1063 )96026-GRA4 INE FAIRW Y_WL ESMT. WG '
2 of 3 EXHIBIT C
LEGAL DESCRIPTION (CONTINUED)
THENCE in a southerly direction, with said non -tangent curve to the right, an arc distance of 77.42 feet to a point for
corner;
THENCE South 20°55'37" West, a distance of 954.11 feet to a
point for corner, being the beginning of a tangent curve to the
left with a radius of 592.50 feet, a central angle of 56e57'56",
and a chord bearing and distance of South 07e33'21" East,
565.12 feet;
THENCE in a southerly direction, with said tangent curve to the left, an arc distance of 589.08 feet to a point for
corner;
THENCE North 49'44'49" East, a distance of 7.59 feet to a point for corner;
THENCE South 40'15'11" East, a distance of 10.00 feet to a point for corner;
THENCE South 49°44'49" West, a distance of 8.24 feet to a point for corner, being the beginning of a non -tangent
curve to the left with a radius of 592.50 feet, a central angle of 03'04'50", and a chord bearing and distance of South
38e32'53" East, 31.85 feet;
THENCE in a southerly direction, with said non -tangent curve to the left, an arc distance of 31.86 feet to a point for
corner;
THENCE South 40*05'18" East, a distance of 293.79 feet to a point for corner
THENCE North 49052'03" East, a distance of 103.78 feet to a point for corner;
THENCE South 41 °39'56" East, a distance of 86.43 feet to a point for corner;
THENCE South 48°20'04" West, a distance of 15.00 feet to a point for corner;
THENCE North 41 °39'56" West, a distance of 71.82 feet to a point for corner;
THENCE South 49e52'03" West, a distance of 89.27 feet to a point for corner, being the beginning of a non -tangent
curve to the right with a radius of 388.77 feet, a central angle of 33°33'59", and a chord bearing and distance of
South 20*34'42" East, 224.52 feet;
THENCE in a southeasterly direction, with said non -tangent curve to the right, an arc distance of 227.76 feet to a
point for corner;
THENCE South 02°16'39" East, a distance of 10.98 feet to the POINT OF BEGINNING and containing 49,741
square feet or 1.1419 acres of land, more or less.
NOTES:
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202).
A survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets out
the metes and bounds of the easement tract.
OF
/JOSHUA D. WARG0' *;
REGISTERED PROFESSIONAL ...:......................
LAND SURVEYOR NO. 6391 JOSHUA D. WARGO
WATERLINE EASEMENT
MORGAN HOOD SURVEY, ABST. NO.
699, GEORGE MARTIN SURVEY
ABST. NO. 1003 & ANDREW
ANDERSON SURVEY, ABST. NO. 26
CITY OF GRAPEVINE
TARRANT COUNTY, TEXAS
801 CHERRY STREET ........
6391
UN•.•••••... Kimlev*Horn
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102 q ••• FE S S��.•• o
�Q • • .. `� 801 Cherry Street, Unit 11, # 1300 Tel. No. (817) 335-6511
PH. 817-335-6511 S U•R v Fort Worth, Texas 76102 FIRM # 10194040 mmkimley-ham.com
josh.wargo@kimley-horn.com Scale Drawn by Checked by D_le Proiect No. Sheet No.
NIA CRG JDW JI 1/1012124 I 063096026 I 30F6
GENSHEIMER, RILEY 2/6/2024 2:05 PM K:1FTW SURVEY1063096026-GRAPEVINE FAIRWAY DRIDWG106396026-GRAD VINE FAIRW Y WL ESMT.DWG
3 of 3 EXHIBIT C
PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA)
1 REAL PROPERTY TRANSACTION: The U.S. Army Corps of Engineers
proposes to issue Easement No. DACW63-2-24-0535, which will allow City of
Grapevine, Texas to use approximately 1.14 acres of land for two waterlines and
associated structures at Grapevine Lake, Texas. The new easement will become
effective on 01 February 2024 and expires on 31 January 2074.
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
Ranger, Mr. Andrew Jasper, on 08 September 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
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, FORT WORTH DISTRICT
P.O. BOX 17300
FORT WORTH, TX 76102-0300
March 25, 2024
Real Estate Division
SUBJECT: Grapevine Lake, Texas; Easement No. DACW63-2-24-0535
Mr. Bryan Beck, P.E.
Director of Public Works
City of Grapevine
Post Office Box 95104
Grapevine, Texas 76099
Dear Mr. Beck:
Enclosed are three copies of the subject easement granting you permission to
construct, operate, and maintain two waterlines at Grapevine Lake, Texas. The total
administrative cost to grant 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. Mill r
Chief, Management and Disposal Branch
Real Estate Division
Enclosure
C& VINE
T B 1 S "
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Easement for `
Pipeline ROW "' v
® Easement Location
Prepared for April 16', 2024 G� wF r
Council Meeting �s<�� T `0 r
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