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HomeMy WebLinkAboutR90-026RESOLUTION NO.~ A RESOLUTION AUTHORIZING THE EXECUTION OF A RIGHT-OF-WAY EASEMENT FOR ELECTRIC POWER TRANSMISSION FACILITIES AND A LICENSE AGREEMENT FOR A TEMPORARY CONSTRUCTION AREA FOR THESE FACILITIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton, Texas, has heretofore determined the necessity for the acquisition by the City of Denton of an easement for a right-of-way for electric power transmission facilities and a license for a temporary construction area for these facilities in the land hereinafter described, and BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON' SECTION I The City Council hereby finds and determines that it is necessary to acquire an easement for a r~ght-of-way for electric power transmission facilities and a license for a temporary construction area for these facilities in the hereinafter described land by execution of the attached proposed Easement and License Agreements. S~CTION II. That the City Manager acting on behalf of the City of Denton is hereby authorized and d~rected to execute these instruments to obtain said right-of-way easement and license agreement in,over,and under the land described in Exhibit "A" attached hereto and incorporated by reference for the purpose of constructing an electric power transmission facility on said property. SECTION III. This Resolution shall become effective from and after its date of passage. 1990 PASSED AND APPROVED this the~day of ~-~ , BOB CASTLEBERRY, MAYOR/ ATTEST: JENNIFER WALTERS, CITY SECRETARY DEBR~ ADAMI DRAYOVITCH, CITY ATTORNEY FORT WORTH DIBI'RICTo ~.ORI~ OF ENGINEERI FORT WORTH TleXAa 7~,lO~' November 6, 1990 atate Division ClIY Distribution of Easement No DACW63-2-90-0566 and License No DACW63-3-90-0567, Lewisville Lake, Texas Mr., Lloyd V. Harrell City of Denton Muqicipal Building Denton, Texas 76201 Dear Mr Harrell Enclosed is a copy of Easement No DACW63-2-90-0566 and License No DA~W63-3-90-0567, Lewisville Lake, Texas signed on behalfof [the Government, authorizinS you to use the property describedthireinforthepurposesindicated. Your cooperation in using the prqperty in accordance with the conditions of the agreement willbeappreciated. Sincerely, Real Estate Division Enclosure DEPARTMENT OF THE ARMY DACW63-3-90-0567 LICENSE Le~tsvtlle Lake, Texas The SECFTETAI~Y OF THE ARHY (hereinafter Secretary) or duly authorized represen- 76 0!tetlve under a_u~horlty of 43 USC 961 grants to the C~ty of Denton, Municipal Building, Denton, Texas ~l~erelnafter licensee) e license to use a temporary construction area f. or the, ,pl,acem_ent of an electric transmission line, in an area being approximately 60 feet w~ae oy v,082 feet long The license is for a Iperlod of one (1) year beginning * m -39 ac~_ _-.-?_!.-.; ',.~ , but revocable at will by the Secretary or duly authorized representative The license Is for the premises (hereinafter premmses) shown in Exhibit "B" and more particularly described in Exhibit "A" which are attached and n~ade part of this instrument on the date executed on behalf of the Government THIS LICENSE )a granted subject to the following condmtione per ~.~e order of the Finance and Accounting Off ~r ~~~~nd delivered to The Un,t~ by law or regulation, on late paymen ants due under this agreement for each 30-day period that the payment Is over- 2 The exercise of the privileges granted shall be a without cost or expense to the United States, b unde~ the general supervision of the officer executing this license or duly authorized representative (iherelnafter said officer). I e,, subject to rules and regulations which said officer may prescribe from time to time and subject to approval of said officer, including prior written approval for alterations, modifications or additions or the uae of any herbicide or pesticide on the premises, c subject to the right of the United States to construct, uae, and maintain facilities on the remlses withqut unreasonably interferil~g with the licensee's privileges; d subject to other outgrants of the United States on the premises which do not unreasonably interfere with t~e licensee's privileges, and e without liability of the United' St;itee for failure to supervise or inspect activities or facilities of the hcenaeei ~ 3 Under a separate agreement with the ................................... , .............................. F-~:'-'- ..~-~!!*.~--':'! --: district englne~#r (Army civil works), the licensee shall pay the cost of the United States t0 produce or supply utilities or servicee to the licensee Such costs shall Include the licensee's prop~)rtlonete share of the operation and maintenance costs of United States facilities involved The United States has no obligation to furnish utilities or services 4 The hcenseelat iti own expense shall maintain the premises in good order 5 The licensee ~hall at Its own expense promptly repair or replace to the satisfaction of said officer any United States property damaged or destroyed by the licensee incident to the exerclee of the privileges granted ENG FORM SQ~ OctS~ REPLACES EDITION OF 1 DEC E2 AND ENG FORM 808e 1 Jul 63 WHICH IS OI)SOLETE 1 Instead and ,f required by said officer, the licensee shall pay the United States money in an amount suff,c,ent to co~npensate for the loss sustained by the United States for damage to or destruction of Un,ted States property. e licensee's property, i~r such damage, Injury or The lic?naee shall _hald h~ay arise from or be inci- 7 The I,cenaee p. hall not discriminate against any person(8) because of race, color, age, sex, religion, hand,cap, or n~tlonsl origin in the conduct of Its operations hereunder The licensee ~ r ........... ~ ...................................... will comply with Title VI of the Civil Rights Act of llN14 (42 U.8 C S 2000d) qfld all requirements imposed by or pursuant to Department of Defense D:rective 6600.11, May 27, 1971, as amended {32 C F R pt 300) 8 The hcenseelshall not unlawfully pollute the air, ground, or water or create a public nuisance The licensee shall at no cost to the United States promptly comply with present and future Federal, state and local ~aws, ordinances, regulations, or instructions controlling the quality of the environ- ment This does not affect the licensee's right to contest their validity or enjoin their applicability The hcensee shall not be responsible for pollution caused by others 9 The hceflse~shall not remove or disturb, or cause or permit to be removed or disturbed, any h,stor,cal, archeological, architectural or other cultural artifacts, relics, vestiges, remains or objects of ant,quity In the event such items are discovered on the premises, the licensee 8hall immediately not,fy said officer and protect the site and the material from further disturbance until said officer es clearance to proceed 10 ."he licensee will use ell reesona.b~e means available to protect the environment and natural resources from, damage arising from this license or activities Incident to it, end where damage nonetheless oc~:urs, the licensee shall be liable to restore the damaged resources 11 If the licensbe discover8 military contamination on the premises, the licensee shall immediate- ly stop work arid request said officer for help 12 On or before the date this license expires or the licensee relinquishes this license, the licensee shall vacate the, premises, remove the licensee's property and rested,e_ the premises to a condition sat,sfactory to said officer, except for damages beyond the licensee 8 control or for fair wear end tear If this llce~se is revoked, the licensee will do the same within the time designated by said off,car If the licensee fails or neglecl~s to remove the property and to restore the premises, at the opt,on of said 0fflce~r' . a said property shall bec(~me the property of the United States without compensationtherefor, or ~, ~ ,t ~ hbce~t~iedeofficer'r~sy hav~ the property removed and the premises restored at the expenseofthe , land no claim for damages against the United States or its officers or agents shall be crested by or made on account of the removal and restoration work 2 13 The licensee may terminate this license by giving ten (10) days written notice by certified mall to the Secretary through 8aid office The United States shall not refund compensation paid under condition I If notice la not given at leas;t ten (10) days before compensation Is due under Condition 1, the licensee 8hall pay the compensation for that period or term 14 This license Is ella©tire only Insofar a8 the rights of the United States In the premises ere con- cerned The licensee shall obtain any further permission necessary on account of any other existing rights the Grantinq Clause 15 This license, may not be transferred or assigned. Prior to execution of this license, Condition No(a) 3 and 7 were modified, Condition No(8) 1 and 6 were deleted, and Condition No(a) 16 were added on page 3 which ia made part of this Instrument This license Is not subject to Title 10, United States Code, Section 2662, ae amended IN WITNESS WHEREOF, I have hereunto sat my hand by authority/direction of the Secretary of the /~'~/ this ~ day of (~c. TobCf' 19q0 CITY OF DENTON Lewisvllle Dam Electric Transmission Line CENTERLINE FIELD NOTES Bcgnnnlng at a point in the center line of this transmission hne, said point bearing South 14 degrees 09 minutes 03 seconds East a distance of 334 10 feet from the center hnc of Lcwnsvdl¢ Dam at station 152+6600, said 8tatlon being North 75 degrees 50 minutes 57 cconcis East a distance of 350.00 feet from the intersection of thc dam center line and thc outlet works, Thence, along said transmission line center linc the following sixteen (16) bearings and distances: South 74 degrees 58 minutes 44 seconds West 381 36 feet South 75 degrees 21 minutes 04 seconds West 1183 66 feet, South 66 degrees 39 minutes 16 seconds West 199 96 feet South 75 degrees 29 minutes 20 seconds West 589 19 fcct South 66 degrees 39 minutes 13 seconds West 194 42 feet South 83 degrees 31 minutes 24 seconds West 362 58 feet South 70 degrees 02 minutes 12 seconds West 353 33 fcct South 76 degrees 49 minutes 24 seconds West 399 82 feet South 76 degrees 18 minutes 12 seconds West 980 94 feet South 84 degrees 01 minutes 30 seconds West 179 77 feet South 74 degrees 48 minutes 17 seconds West 783 79 fcct S~uth 79 degrees 23 minutes 59 seconds West 1470 90 feet North 88 degrees 53 minutes 21 seconds West 180 00 feet South 78 degrees 16 minutes 17 seconds West 775 40 feet,South 61 degrees 37 minutes 05 seconds West 269 70 feet, North 82 degrees 24 minutes 39 seconds West 777 26 feet to a point at the end of sandtransmissionlinccenterlinentanexistingpowerpole The undersigned does hereby certify that thc field notes herein are based on an actualsurveymadeonthcgroundinAugust1989, nnd that they arc a true, correct, and accurate representation of the transmls as surveyed StanfosJ~ Hauptman~Texas Registered Public Surveyor Number 2255 EAt']P? VOL 2 8 8 6 PG0 0 6 -/ DEP~RTMENT OF THE ARMY EASEMENT FOR RIGHT OF WAY DACN63-2-90-0566 FOR ELECTRIC POWER TRANSMI~ION OR COMMUNICATION FACILITIES 53.494 ON Lewisville Lake, Texas The SBCRETARY OF THE ARMY, under and by virtue of the authority vested in him by tho act of Congress approved 27 May 1952 (66 Stat 95, 43, United States Code, 961), hereby grants to the City of Denton, a political subdivision in the State of Texas, Municipal Building, Denton, Texas 76201. hereinafter ~ leslgoatedasthegrantee, foraperiodnotcx~ed~ngFifty ( 50 ) yearsfromthedate ~i~vl~f/~neasementforaright.of, wayforthe instal1ation, maintenance, operatlon,andrepai~ ofanelectrictransmissionline, beingapproximately ?0feetwideby9,082fee~ long, containingapproximately417acres, more orlessexecutedonbehalfoftheGovernmenthereinafterireferredtoas "smdfacilities,' over, across, anduponlandoftheUnitedStatesatthelocationshownintadonExhibit "B"attachedhei~toandmadeaparthereof, anddesortbed ~[~ll¢~g~; onExhibit "A" attached heretoan~ madeaparthereof.T~ HI_8. I~AS. EMENTisgrantadsubjecttothefollowingcond~tionsd~n~dCompen~tion ~allbemads ~yable 2 T~t thewnstructlonand/oroperationandmaintenanceof ~idfacilities ~alrbeaccomphsh~dwithoutvostor ~ 13 That upb ~the ~ ~exl~-~t~on, terminatton, or forfetture and a. ~.ment of this grant, the grantee shalli without expense to the United States, and wtthm such time as the Secretary of the Army may lodl~ate,mrnove said facll~tizs from said land and restor~ the premises hereby authorized to be used a~d occupied to a condition satisfactory to the said officer In the event the grantee shall fad, neglect, ]or refuse to remove the said facilities and so restore the premises, the United States shall have tl~e option e~ther to take over the sa~d facihtles as the property of the Un,ted States without compensation therefor, or to remove said facilities and perform the restoration worl~ as aforesaid at the expense of the grantee, and in no event shall the grantee have any claim for damages against the United States, or its officers or agents, on account of the taking over of said facilities or on account of thew removal 14 Thqt the proviz~ons and conditions of th~s instrument shall extend to and be binding upon and shall ~nu~e to the benefit of the heirs, representatwes, successors, and assigns of the grantee 15 That it ~s understood that this instrument is effective only insofar as the rights of the Untted State~ in the said property are concerned, and that the grantee shall obtain such permission as may be neoessary on account of any other existing rights That prior to ~tho e~ecution of this easement, conditions were deleted, revised and added in the following manner I ' 'Prior to execution of tht~ instrument, the Grant,hq Clause waq modified, Conditions No 1 and 8 were deleted and Conditions No 16. 17, 18, 19, 20, 21, and 22 wene added on page 4 which is made part of th~s instrument. Thts easement is not subject to Title 10, Untted States Code, Section 2662 IN WITNESS WHEREQF I have hereunto set my hand th,s~_ day of ~ {.~f- ,19 ~ h~ R~I E~ate Division VOL2886 0069 16. That the City of Denton will be required to modify the electric line easement, Ill qranted, to meet any additional Corps of Engineers or other Federal or State safety standards, including criteria and requirements which may be later developed, including line height requirements. 17 That the right is hereby reserved to the United States, its officers, aoents, and employees, to enter upon the said premises at any time and for a~y purpose necessary or convenient in connection with river and harbor and flood-control work to remove timber therefrom, and to flood the easement premises whenever necessary, and the grantee shall have no claim for damages of any character on account thereof against the United States or any officer, agent, or employee thereof. 18. The grantee shall not discriminate against any person or persons or exclude from participation in the operations, programs or activities conducted on the easement premises, because of race, color, religion, sex, age, handicap, national origin or place of residency. The grantee, by acceptance of this easement, hereby gives assurance that it will comply w~th provisions of Title VI of the Civil Rights Act of 1964 as amended (42 USC Sec ?O00d); the Age Discrimination Act of 1975 (42 USC Sec 6102); the Rehabilitation Act of 1973, as amended (29 USC Sec 794), and all requirements imposed by or pursuant to the Directive of the Department of Defense (32 CFR Part 300) issued as Department of Defense Directive 5500.11 May 27, 1971. This assurance shall be binding on the qrantee and its agents. lq. The Use of any pesticide on the easement premises must be in accordance with appropriate Federal, State, or local laws, rules, and regulations. 20. Grantee shall construct, operate and maintain the said line in accordance with the National Electric Safety Code and National Electric Code. 21. That the grantee shall not remove or disturb or cause or permit to be removed or disturbed, any historical, archaeological, architectural or other cultural artifacts, relics, vestiges, remains or objects of antiquity; In the event such items are discovered on the premises, the qrantee shall tnmedtately notify the District Engineer, Fort Worth District, and the site and the material shall be protected by the grantee from further disturbances until a professional examination of them can be made or until clearance to proceed is authorized by the District Engineer. 22. The grantee shall comply with all applicable laws, ordinances, and regulations of the state, county, and municipality wherein the premises are located. 4 o[2886 ~0070 The above instrument, including all its conditions, is hereby accepted this 5th day of October , 1990. Title) f , . v0t2886 0071 STATE OF TEXAS COUNTY OFI TARRANT This instrument was acknowledged before me on this .~Q~L_ day of , 1990 by on behalf of the U.S. Army Corps of Engineers as the of the Real Estate Division, Fort Worth District, Texas. STATE OF TEXAS COUNTY OF Denton This instrument was acknowledqed before me on this 5th day of October , 1990 by Lloyd V Harrell as Clt~ Manager of the City of Denton and on behalf of said City of Denton. It~'~-7 ~'~\ EL~ee'mE~[~IAMS~No~ .umo ~ LN6ta~ Publlc/~f'n and for r,~p'}.) 8TATEOFT~ ~ ~e State of Texas Y~Comm Exp M~16,199~ Elizabeth J W~lllams Print Name) Notary's Commission Expires: 5-15-93 VOL2886 t8007 2 CERTIFICATE I, Jennifer Walters , certify that I am the Czty Secretary of the City of Denton, named as grantee herein; that Lloyd Harrell who signed this easement on behalf of the City of Denton was then C~t¥ Manager of the municipality; and that said instrument was duly signed for and on behalf of the City of Denton by authority of its governing body and is within the scope of its legal powers. 7 VOL2886 I' gO 73 CITY OF DENTON Lewlsvllle Dam Electric Transmission L~ne CENTERLINE FIELD NOTES Beginning at a point in thc center linc of this transmission linc, said point bearing South 14 dcgrccs 09 minutes 03 scconds East a distancc of 334 10 feet from thc center linc of Lcwisvlllc Dam at station 152+6600, said station being North 75 degrees 50 minutes 57 seconds East a distance of 350 00 feet from the intersection of the dam center linc and thc outlet works, Thence,, along said transmission line center line thc following sixteen (16) bearings and distances South 74 degrees 58 minutes 44 seconds West 381 36 feet, South 75 degrees 21 minutes 04 seconds West 1183 66 feet, South 66 degrees 39 minutes 16 seconds West 199 96 feet, South 75 degrees 29 minutes 20 seconds West 589 19 feet, South 66 degrees 39 minutes 13 seconds West 194 42 feet, South 83 degrees 31 minutes 24 seconds West 362 58 feet, South 70 degrees 02 minutes 12 seconds West 353 33 feet, South 76 degrees 49 minutes 24 seconds West 399 82 feet, South 76 degrees 18 minutes 12 seconds West 980 94 feet, South 84 degrees 01 minutes 30 seconds West 179 77 feet, South 74 degrees 48 minutes 17 seconds West */83 79 feet, South 79 degrees 23 minutes 59 seconds West 1470 90 feet, North 88 degrees 53 minutes 21 seconds West 180 00 feet, South 78 degrees 16 minutes 17 seconds West 7?5 40 feet, jouth 61 degrees 37 minutes 05 seconds West 269 70 feet, orth 82 degrees 24 minutes 39 seconds West 777 26 feet to a point at the end of sa*d transmission hnc center hnc at an existing power pole Thc undersigned does hereby certify that the field notes herein arc based on an actual survey made on thc ground in August 1989, and that they arc a true, correct, and accurate representation of thc transmis crhnc as surveyed October 2, 1989 Stan forkl~ Hauptman~ Texas Registered Public Surveyor Number 2255