19-346F' ♦UV I ig ki♦ iR R ♦ R'..
911 -all-All
THE EXPENDITURE OF FUNDS THEREFOR; 1 PROVIDING FOR SEVERABILITY
EASEMENT;AND AN EFFECTIVE DATE. (LEWISVILLE LAKE OFFSITE SANITARY SEWER
1. LIFT STATION; APPURTENANT FACILITIES; ♦ , PIPELINE
HICKORY CREEK AT OLD ALTON ROAD.)
WHEREAS, on November 3,1981, the U.S. Army Corps of Engineers ("USACE") granted
Easement No. DACW63 -2-81-0724 to the City of Denton ("City"), recorded as Volume I I 11,
Page 678, for use for a sewer pipeline and a lift station and appurtenant facilities. On July 14, 1982,
Supplemental Agreement No. 1 amended the subject easement by deleting Exhibits "A" and "A-
I" and substituting Exhibits "A-2" and "A-3 " with no other changes; and
eorigina easement, allowing or # # # .. CAIN L111g, +. #
Hickory•11 • added an additional A#I and
# 1• ♦ •• r 1� - #, •dsR•
A-4 (legal description), and B-2 (Survey), which allowed for continued operation and maintenance
of and
WHEREAS, the USACE desires to combine all three (3) easements into one (1) document
and renew said agreements until June 18, 2031 and the City is amenable to this request for the
extension; NOW, THEREFORE,
SECTION 1. The findings set forth in the preamble of this Ordinance are incorporated
by reference into the body of this Ordinance as if fully set forth herein.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute
Supplemental Agreement 3, attached hereto as Exhibit "A" and incorporated herein by reference,
and to carry out the duties and responsibilities of the City under the Agreement, including the
expenditure of funds as provided in the Agreement; and
SECTION, 3 The provisions of this ordinance are severable, and the invalidity of any
phrase, clause, or part of this ordinance shall not affect the validity or effectiveness of the
remainder of the ordinance.
SECTION 4, This Ordinance shall become effective immediately upon its passage and
approval. .
rovc this ordinance was made by r % 4
n Ito au � � � � � � � � and seconded
bye-m0 M �' j0 '° j0u h��p� the ON G1lliu1ti e " vas l)alsw�'ed and approved by the
Aye Nay
Chris Watts, Mayor:
Gerard Hudspeth, District 1:`
Keely G. Briggs, District 2:
Don Duff, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5: _ 1
Paul Meltzer, At Large Place 6: I
Abstain Absent
PASSED AND APPROVED this the , Mk day of
......J.... .....: w
CHRIS WATTS, I A':R
ATTEST:
RACHEL WOODS, INTERIM CITY SECRETARY
APPROVED AS TO LEGAL FORM:
AARON LEA L, CITY AT[°OR NE
BY:�
a,
-_.
Exhibit "A"
ATVIAuTP*a-AZ��'. �TA.rs W-1
WE
LEWISVILLE LAKE, TEXAS
This Supplemental Agreement No. 3 is made and entered into between the
Secretary of the Army, party of the first part, hereinafter referred to as the Government,
and the City of Denton, Texas, party of the second part, hereinafter referred to as the
Grantee;
kymg L'T's mot 1wwizaYA�,100 ---------------
WHEREAS, on 14 July 1982, Supplemental Agreement No. 1 amended the
subject easement by deleting Exhibits "A" and "A-1 " and substituting therefore Exhibits
"A-2" and "A-3" with all other terms and conditions of the subject easement remaining
unchanged and in full force; and
WHEREAS, on 28 April 2017, Supplemental Agreement No. 2 amended the
subject easement by deleting the granting authority Title 10, United States Code, 2669
and substituting in lieu thereof Title 10, United States Code, 2668. Also, expired
Easement No. DACW63-2-87-0603 was merged with the subject easement to include
Exhibits B-1 (map overview), A-4 (legal description), and B-2 (Survey), which allowed
for continued operation and maintenance of a 15-inch sewer line. Finally, "24.
DETERMINATION REGARDING EXECUTIVE ORDER 13658," was added to the
easement; and
WHEREAS, on 12 October 1984, the Government granted Easement No.
DACW63-2-85-0509 for a term of 25-years to the City of Denton for the construction,
operation and maintenance of a 15-inch sanitary sewer line; and
WHEREAS, on 25 August 1999, Supplemental Agreement No. 1 to Easement
No. DACW63-2-85-0509 amended the original easement, allowing for the modification
of three existing aerial sewer lines crossing Hickory Creek, and added an additional
1.494 acres; and
Easement r DACW63-2-85-0509 expired on 2* March 2009
sewer line depicted e expired easement r , to the sewer line associatedEasement No. DACW63-2-81-0724 south of Teasley Lane upon Tracts F-551 and
F-554, and is requested to be merged with that easement.
NOW D;' -.amended in
k following respects
Delete the original Easement, Supplemental Agreement No. 1 and Supplemental
Agreement No. 2 in their entirety and substitute.i
A11A ► J t „ • Z I :WA Cy
LEV ISVILLE LAKE
THE SECRETARY ARMY .r and by virtue of the
authority vested in the Secretary by Title 0 United States Code,
2668, having found that the granting of this easement will be in the public
interest and not substantiallyUnited
Unitedhereby grants to, the City of Denton, Texas, hereinafter referred to as the
Grantee, an easement for sewer pipelines, a lift station and appurtenant
facilities, hereinafter referred to as the Facilities, over, across, in and upon
the lands of the d. ♦.,
B2, and B3, hereinafter referred to as the Premises, and which are
attached hereto and made a part hereof.
This easement is granted for a term of fifty (50) years, beginning
June N, 1981
and ending ,
9
The consideration for this easement shall be the operation,
maintenance and repair of the 15 inch sewer lines, lift station, and
appurtenant facilities for the benefit of the general public in accordance
with the terms and conditions hereinafter set forth.
All correspondence and notices to be given pursuant to this
easement shall be addressed, if to the Grantee, to the City of Denton,
Texas, 215 East McKinney Street, Denton, Texas, 76201; and if to the
United States, to the Real Estate Contracting Officer, Attention: Chief,
Real Estate Division CESWF-RE-M, Post Office Box 17300, Fort Worth,
Texas 76102-0300, or as may from time to time otherwise be directed by
the parties. Notice shall be deemed to have been duly given if and when
enclosed in a properly sealed envelope or wrapper addressed as
aforesaid, and deposited, postage prepaid, in a post office regularly
maintained by the United States Postal Service.
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.
M
The Grantee shall comply with all applicable Federal, state, county,
and municipal laws, ordinances, and regulations wherein the Premises are
The Grantee acknowledges that it has inspected the P ' remises,
knows the condition, and understands that the same is granted without
any representation or warranties whatsoever and without any obligation
the part of the United States. I
The Grantee shall inspect the Facilities at reasonable intervals and
by said officer to repair any such defects.
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 dent to the exercise of the privileges herein granted all
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.
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, an4,
the Grantee shall have no claim for damages on account thereof against
the United States or any officer, agent, or employee thereof.
4
transferWithout proper written approval by said Real Estate Contracting
Officer, the Grantee shall neither
benefitpart thereof nor grant any interest, privilege, or license whatsoever in
connection with this easement. The provisions and conditions of this
tasement shall extend to and be binding upon and shall insure to the
: and assigns of the
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
o; any one of them, and to the extent allowed by the law
Unitedshall hold the States harmless fromd all such claims
including damages due to the fault or negligence of the United States or
contractors.its
This easement is subject ar 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
;.id officer,� of the Premises by the Grantee.
The Grantee
may be required from time to time for governmental purposes, provided
that p.yment fobe made d States at rates
which shall be mutually agreeable but _ .r exceed the most
favorable rates granted by the Grantee for similar service.
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.
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.
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.
a. Within the limits of their respective legal powers, the parties
hereto shall protect the Premises against pollution of its air, ground and
water. The Grantee shall comply with any laws, regulations, conditions or
instructions affecting the activity hereby authorized if and when issued by
the Environmental Protection Agency, or any Federal, state, interstate or
local governmental agency having jurisdiction to abate or prevent
pollution. The disposal of any toxic or hazardous materials within the
Premises is specifically prohibited. Such regulations, conditions, or
instructions in effect or prescribed by the said Environmental Protection
Agency, or any Federal, state, interstate or local governmental agency are
hereby made a condition of this easement. The Grantee shall not
fischarge waste or effluent from the Premises in such a manner that the
101
�1 0 �DA
discharge will contaminate streams or other bodies of water or otherwisc
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
from said officer before any pesticides or herbicides are applied to
Premises.
c. The Grantee will use all reasonable means available to p
the environment and natural resources, and where damage noneth
#ccurs arising from the Grantee's activities, the Grantee shall be lie
restore the damaged resources.
An Environmental Checklist (ECL), 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
ECL 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
L,vift the condition on RESTORATION.
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.
FWIMTIJSMTK���]
a. The Grantee shall not discriminate against any person or
ilersons because of race, color, age, sex, handicap, national origin or
:eligion.
b. The Grantee, by acceptance of this easement, is receiving a
type of Federal assistance and, therefore, hereby gives assurance that
7 1
will comply with the provisions of Title VI of the Civil Rights Act of 1964 as
amended (42 U.S.C. § 2000d); the Age Discrimination Act of 1975 (42
6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. §
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 and 1020.1, and Army Regulation 600-7. This
assurance shall be binding on the Grantee, its agents, successors,
transferees, and assignees.
R4AIITNT-�e : �-'* I
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 ttyd
United States or its officers or agents for such action.
KMEJ91
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), 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.
N 11:4,*4 I91-$7V*
a. It has been determined this contract is not subject to Executive
*rder 13658 or the regulations issued by the Secretary of Labor in 29
C-1 FR 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
8
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
errA: eous 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.
It has been determined this contract is not subject to Executivim-
Order 13706 or the regulations issued by the Secretary of Labor in 29
CFR part 13 pursuant to the Executive Order."
EXCEPT for the revisions above, the terms and conditions of the easement shall
remain unchanged and in full force and effect.
'117a X
A
EASEMENT NO. DACW63-2-81-0724
IN WITNESS WHEREOF, I have hereunto set my hand by authority of the
Secretary of the Army, this day of 2019,
Rocky D. Lee
District Chief, Real Estate Division
Real Estate Contracting Officer
The above instrument, together with all the conditions thereof, is hereby
accepted this day of 2019,
CITY OF D -M-1--ON
TEA,'.
BY:-
TODD Hll-.MAN, ANAGER
ATTEST:
CITY SECRETARY
41
BY:
APPROVED AS TO LEGAL FORM:
CITY ATTORNEY
4 . .. ....
Iz.
BY:
10
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF TARRANT
On this day of, 2019, before me, the
undersigned officer, personally appeared within named Rocky D. Lee, District Chief,
Real Estate Division, 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
STATE OF TEXAS
COUNTY OF J fEa '7m I
dayof .. �._.._ ..............................� _., 2019..
Notary Public, State of Texas
My Commission Expires:_,,,,,,
Printed Name:
On this �� y.day of.�, 2019, before me, the
undersigned officer, personally appeared`„ �� "..�...
known to me to be the person described in the forego ng instrunl� rat„ 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.
_'a.w.�� ,��:
p r
�
N66ry Public, State of Texas
2.72021 My Commission Expires
���
�1
j
��
' �. Printed Name ,h � lli � �' � �'��
�.
CERTIFICATE OF AUTHORITY
certify that I am the
na�
of the City of Denton, named as the grantee herein; and that �y
�R
who signed ig the foregoing instrument on behalf of the
,
City of Denton, was then ',tt/ "of the City of Denton. I further certify
that the said officer was acting within the scope of powers delegated to this officer by
the governing body of the City of Denton, in executing said instrument.
Dater°.w
Authorized Representative
r
(Title)
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.
1 of 1 EXHIBI I A
1 of I EXHIBIT Al
EXISTING SEWER LINE & EASEMENTS�
(DACW63-2-81-0724)
SEWAGE
LIFT
PROPOSED PERPETUAL
SEWER LINE EASEMENi_'
m
i�
MON F-554-4
N
V,
EXISTING SEWER LINE & EASEMENT
(DACW63-2-85-0509)
City of Denton
Engineering & Transportation Department
Right - of- Way Division _All�qy� f -999
1 of 1 EXHIBIT A2
LEWISVILLE DAM AND GARZA-LATTLE ELM ILAKE
DENTON COU',YIFY, TEXAJ
PROPOSED PERPETUAL SEWER LINE EASEMENT
TO CITY OF IDENTON, TEXAS, FROM U.S.A.
A.Aract of land situated in tle County of Denton,, State of lexas, being part
of the John S. Dickson SurvVy (A-342), and the Alexander E. Cannot SurvelY
(A-232), an4 being a strIp of land 20 feet in width, 10 feel an each side of
the fbilowirIg described cefq,,r line., Jm.
FROM Goaerraqp.rot Marker No. F-554-4 for as re-entrant corner for a tract of land
designated qs Tract No. F-554 for Lewisville Dam and Garza -Little Elm Lake.
SIDng as nostheastarly boundary line for said Uact No. F-554. North 1703003" West,
151.30 feet, to as point for the EaStErnmast canner for an easenT*nt for the City of
Denton, Texas, Sewage Lift Station from U.S.A., recorded ill Nied Records,
Vallue 1111, Page 578;
THENCE alono the ari line for said easeiHrwnt as -follows: South 7229'07" West,
131.9 feet to the Point of Beginning for thiS Usement;
THENCE South 04'56"14" West crossing Hickor�y Creek, 190.8 fact to a point;
THENCE South 3504 411 East 42&70 "Bet to a point;
7HENCE South 83017 27" East crossing Hickory Creek, 443.28 feet to as point',
VENCE South 56'2719" EaM: 271.10 feet ta as point on the w2st edge of as gravel
road;
THENCE South 02"40'49" East crossing said gravel ruad at 180 feet, in ill
597.0 feet to as point;
THENCE South 6900 49" EaV 25100 flet to a pohQ
TMENCE North 68'21 '351'11 East 552.66 feet, to a point;
THENCE South 634009" East 418.04 feet to a point; said point being
South 04'12'49" East 20.43 feet from Government Marker No. F-551-2;
THENCE North 76'4'3()" Fast 502; 69 feiat to a point;
THENCE South 75"34"20" East 321.92 feet to a point;
THENCE North 24*28'17" East 358.40 Get to an poMt; sMd pohl being
South 75024'00" East 46.63 feet from GOVErnment Marker No. F-551-4;
THENCE North 00'2119" East 26147 Net to as oand;
THENCE North 14"23'21" West 566.50 feet to as point;
THENCE North 38*1619" West 30L59 feet to as pMiQ
THENCE North 02'53'19"" E'wnst 39.60 feet to as point; in the south right-of-way
line of Texas Farm Lo Market Road No. 2181; said point being the end of this
center line; sa!d point being South 86139'53" East 13.50 feet from Governnont
Marker No. 551-5, said strip of land contafirring 2.56 acres,"rPore or less. A
VARIT A '
1 of 1 EXHIBIT B
LEWISVILLE DAM AND GARZA-LITTLE ELM LAKE
DENTON COUNTY, TEXAS
PERPETUAL SEWER LINE EASEMENT
TO THE CITY OF DENTON, TEXAS FROM U.S.A.
A tract of land situated in the County of Denton, State of
Texas, being part of the A. Cannon Survey (A-232)® and being a
strip of land 30 feet in width and being more particularly
described as follows
COMMENCING at Government Marker No. F-554-4 for a re-entrant
corner for a tract of land designated as Tract No. F-554 for
Lewisville Dam and Garza -Little Elm Lake, along a northeasterly
boundary line for said Tract No. F-554, North 170 301 53" WeSt,
151.30 feet to a point for the easternmost corner for an
easement for the City of Denton, Texas, Sewage Lift Station from
U.S.A., recorded in Deed Records of Denton County in Volume
1111, Page 678, (DACK63-2-81-0724) and subsequently amended on'
July 14, 1982 (to correct field note descriptions) and recorded
in Volume 1158, Page 583 of the Deed Records of Denton County,
THENCE South 72' 291 07" West along the southern boundary line of
said Sewage Lift Station tract a distance of 131.9 feet to a
point for corner, said point being the beginning of a 20' wide
perpetual sewer line easement described by centerline to the
City of Denton, Texas from U.S.A. on October 12', 3.984 (DACW63-
THENCE South 040 561 14" West continuing along said 1984 easeme
centerline description a distance of 190.8 feet to a point for
corner; I
THENCE South 350 341 41" East continuing along said 1984 easement
centerline description a distance of 383.73 feet to a point for
THENCE North 540 25' 19" East departing said 1984 easement
centerline description a distance of 10 feet to the POINT OF
BEGINNING, said point lying on a northeasterly line of said
existing perpetual sewer line easement (DACW63-2-85-0509) ;
THENCE South 830 17, 27" East a distance of 241.08 feet to a
point for corner;
THENCE South 350 34, 41" East a distance of 40.55 feet to a point
for corner, said point lying on a northerly line of said
perpetual sewer line easement (DACK63-2-85-0509);
c. \my p:U¢ac:nican s\Lid ixa Paz av: �x uana ¢ u°\a a: °u au.anu,aM. ljMm,HXmaoC EXHIBIT A—/ I OF 2
1 of 2 EXHIBITB1
THENCE North 350 341? 1" West along said easement line (DA 3-2-
5-0509) a distance of 40.5.5 feet to a point :for corner;
South 3" 3.71 2711 East a distance ce of 281.63 feet to
point for corner;
17MCE South 3.5" 341 411v East a distance of 40.55 feet to a point
for corner;
TRMCE South 83' 171 27" East a distance of 194.06 feet to a
point for corner;
THENCE South 56° 271 09" East a distance of 219.29 feet to a
point for corner;
THENCE North 33' 321 .51" East a distance of 6.73 feet to a garai..nt
to corner;
THENCE North 240 351 13- 'West a, distance of 47.48 feet to a point
for corner,
THENCE North 190 581 001" West a distance of 127.40 feet to the
POINT OF BEGINNINGand containing 27,653 square feet of land.
p,f eA
2 OF 2
2 of 2 EXHIBIT B1
LEWISVILLE DAM AND GARZA-LITTLE ELM LAKE
DEON COUNTY, TEXAS
PERPETUAL SEWER LINE EASEMENT
TO THE CITY OF DENTON, TEXAS FROM U.S.A.
being
A tract of land situated in the County of Denton, State of
Texas, being part of the A. Cannon Survey (A-232), and being a
strip of land 20 feet in width and more particularly
described as follows:
easternmost
COMMENCING at Government Marker No. F-554-4 for a re-entrant
corner for a tract of land designated as Tract No. F-554 for
Lewisville Dam and Garza -Little Elm Lake, along a northeasterly
boundary line for said Tract No. F-554, North 170 301 53" West,
151.30 feet to a point for the
Volumeeasement for the City of Denton, Texas, Sewage Lift Station from
U.S.A., recorded in Deed Records of Denton County in
1111, Page 678,(DACW63-2-81-0724) and subsequently amended on
July 14, 1982 (to correct field note descriptions) and recorded
in Volxme 1158, Page 583 of the Deed Records of Denton County,
THENCE
South 720 291 07" West along the southern boundary line ®f
said Sewage Lift Station tract a distance of 99.44 feet to the
POINTOF BEGINNING;
THENCE South 04" 56, 14" West a distance of 222.91 feet to a
point for corner, said point lying on a northeasterly line of
201 wide perpetual sewer line easement described by centerlin
to the City of Denton, Texas from U.S.A. on October 12th, 1984-11
THENCE North 350 341 41" West continuing along northeasterly line
of said 1984 easement a distance of 30.79 feet to a point for
THENCE North 04" 561 14- East continuing along an easterly line
of said 1984 easement a distance of 191.24 feet to a point for
corner, said point lying on the southern boundary line of said
Sewage Lift Station tract;
THENCE North 72' 29' 07 East along the southern boundary line o
said Sewage Lift. Station tract a distance of 21.64 feet to the
POINTOF BEGINNING and containing 4,1.42 square feet of land.
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12 P 1.91
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1 of 1 EXHIBIT B2
LEWISVILLE DAM AND GARZA-LITTLE ELM LAKE
DE ON COUNTY, TEXAS
PERPE' SEWER LINE EASE14ENT
TO THE CITY OF DENTON, TEXAS FROM U.SA
A tract of land sitaaated in the County ty of Denton, State of
Texas, being part of the John Rogers Survey ( .-1®B5) , and being
a strip of land 20 feet in width and being more particularly
described as follows
NovemberCOMMENCING at a point lying in the centerline of an existing
perpetual sewer line easement granted to the City of Denton on
Page 678 of the Deed Records of Denton County, Texas and
subsequently amended an July 14, 1982 (to correct field note
descriptions) and recorded in Volume 1158, Page 583 of the Deed
Records of Denton County, Texas, said point bearing South 63' 311
42" West a distance of 520 feet from Corps of Engineers Monument
THENCE South. 520 211 17" West a distance of 18.18 feet to the
POINT F BEGINNING, said point lying on a southerly bins of said
existing perpetual sewer line easement, Volume 1158, page 5 3
THENCESouth, 52' 211 17" West a distance of 36.36 feet to a paint
for corner;
THENCE South 85' 431
17 West a distance of 205.63 feet to a
point for corner, said point lying on a southeasterly Line of
said perpetual seder line easement, Volume 1158, Page 563;
THENCE North 750 33' 17" East along said southeasterly line a
distance of 113.31 feet to a point for corner;
THENCE North 850 431 1TI East along a southerly line of said
perpetual sewer line easement, Volume 1158, Page 58, a distance
of 124.47 fee3t to the POINT OF BEGINNING and containing 3,301
square feet of land.
17 yy
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1 of 1 EXHIBIT
1. REAL PROPERTY "' AO Corps e,.
proposes to issue Easement No. DACW63-2-81-0724, which will allow the City of
Denton to continue use of 3.36 acres of land for sewer pipelines, a lift station and
appurtenant easement was effective
June 19, 1981 and will expire on June 18, 2031.
a. SCOMPREHENSIVE RECORDS wasconducted d e
a review of the following areas:
HIM
r,.
INTERVIEWSb. rt, CONDUCTED following: Army , Corps
Barnett]
1 g, s r, , ■1.i t, a n g . " , ,1 d ,r, " o . with Ms. " � ; ,,, , " .
Februaryon 22, 2017.
c. A SITE INVESTIGATION was performed by Mr. Sanders, which consisted of
9. visual inspection of the area.
r '� , ■" ." ,%, T A
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. , r operating plans 4' historical recordsf o,ed no other
evidence of any activity which would have contaminated the property with
iazardous substances.
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,
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: JAMES MILLER Daim-
Realty Specialist, Management and Disposal Branch I
Approved By: ROCKY D. LEE Date
District Chief, Real Estate Division
Real Estate Contracting Officer
Page 2 of 2 EXHIBIT C