20-816ORDINANCE NOe 2�-$16
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZiNG THE CITY MANAGER, OR
HIS DESIGNEE, TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 TO EASEMENT
NO. DACW63-2�01-0673, BETWEEN THE CITY AND THE LJNITED STATES ARMY
CORPS OF ENGINEERS, RELATED TO THE RAW WATER PUMP STATION AT LAKE
RAY ROBERTS, LOCATED IN THE MARTHA LANGSTON SURVEY, ABSTRACT NO.
739, PART OF THE UNITED STATES OF AMERICA, TRACT 210 — LAKE RAY
ROBERTS, COUNTY OF DENTON, TEXAS; AND PROVIDING FOR SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, the Secretary of the Army has requested that the City of Denton ("City")
execute a supplemental agreement to Easement No. DACW63-2-01-0673, related to the Raw
Water Pump Station at Lake Ray Roberts located in Martha Langston Survey, Abstract No. 739,
Part of the United States of America, Tract 210 — Lake Ray Roberts, County of Denton, Texas;
and
WHEREAS, the City agrees to the requested changes as outlined in the proposed
supplemental agreement, as more fully set out in Supplement Agreement No. 1, attached hereto
as E�ibit 1 (the "Agreement"); and
WHEREAS, the City Council hereby fmds the agreement will benefit and serve the
public; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The fmdings 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 authorized to execute and deliver to the
Secretary of the Army Supplemental Agreement No. 1, attached hereto as E�ibit 1, with the legal
description being attached to the Agreement as E�ibits B1 and C1, for the purpose of increasing
the size of the existing easement area from 0.671 acres to a total of 0.818 acres needed to install a
chemical feed system at the entrance of the water intake structure to control zebra mussels, and to
construct a 20-foot by 30-foot chemical feed building.
SECTION 3 a The City Manager is further authorized to carry out all duties and
obligations as set forth in the Agreement.
SECTION 4. If any section, article, paragraph, sentence, phrase, clause, or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 5. This ordinance shall become effective immediately upon its passage and
approval.
The motion to approve this ordinance was made by ,G ,/��� and
seconded by �/�5✓�E �¢I (//✓� , the ordinance was passed and approved by
the following vote � - ( �:
Chris Watts, Mayor:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2
Jesse Davis, District 3:
John Ryan, District 4:
Deb Anlzintor, At Large Place 5:
Paul Meltzer, At Large Place 6
Aye Nay Abstain Absent
PASSED AND APPROVED this the ��day of
ATTEST:
ROSA RIOS, CITY SECRETARY
BY: �/.��� �
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTOR �Y -
� ��_
f3Y:
Page 2
WA
, 2020. -
, MAYOR
DocuSign Envelope ID: ECOA81 F1-7140-451 B-69D7-68E5CEC92EE4
EASEMENT NO. DACW63-2-01-0673
SUPPLEMENTAL AGREEMENT NO. 1
TO
EASEMENT NO. DACW63-2-01-0673
RAY ROBERTS LAKE, TEXAS
This Supplemental Agreement No. 1 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, 216 West Mulberry Street, Denton, Texas 76201, party
of the second part, hereinafter referred to as the Grantee;
WITNESSETH:
WHEREAS, on 3 October 2001, the Government granted to the City of Denton,
Texas, the above numbered fifty-year easement for a raw water pump station across
Tract 210, at Ray Roberts Lake, Denton County, Texas, as more specifically described
in said easement.
WHEREAS, Grantee has requested permission to place a chemical feed system
at the entrance of the intake to control zebra mussels, construct a 20 feet by 30 feet
chemical feed building, and increase the easement area to a total of 0.818 acre.
WHEREAS, Exhibits A and B will be replaced with Exhibits A1, B1, C1 and D1.
NOW THEREFORE, Easement DACW63-2-01-0673 is hereby amended in the
following respects only:
1. Delete the EASEMENT language in its entirety and substitute in lieu thereof:
"NO. DACW63-2-01-0673
DEPARTMENT OF THE ARMY
EASEMENT FOR RAW WATER PUMP STATION, WATER INTAKE STRUCTURE,
ELECTRICAL AND CHEMICAL FEED BUILDINGS
IN
SUPPORT OF A WATER SUPPLY AGREEMENT
LOCATEI3 AT
DocuSign Envelope ID: ECOA81 F1-7140-4516-69D7-68E5CEC92EE4
EASEMENT NO. DACW63-2-01-0673
RAY ROBERTS LAKE
DENTON COUNTY, TEXAS
This easement is made on behalf of THE UNITED STATES OF
AMERICA (the "United States"), between THE SECRETARY OF THE
ARMY, acting by and through the Real Estate Contracting Officer,
U.S. Army Engineer District, Fort Worth, hereinafter referred to as the
"Grantor", under and by virtue of the authority vested in Title 10, United
States Code, Section 2668, having found that the granting of this
easement will not be against the public interest, and pursuant to
Contract No. DACW63-80-C-0104 for Water Storage Space in
Ray Roberts and Lewisville Lakes, entered into on August 15, 1980 and
amended on May 14, 1982, under the authority of the Water Supply Act of
1958, as amended (43 U.S.C. 290b), hereinafter referred to as the "Water
Supply Agreement", and the CITY OF DENTON, with its principal office at
216 WEST MULBERRY STREET, DENTON, TEXAS, hereinafter referred
to as the "Grantee."
NOW THEREFORE:
The Grantor, for good and valuable consideration set forth below,
the receipt and sufficiency of all of which are hereby acknowledged, upon
and subject to the terms, covenants and conditions set forth in this
easement, does hereby:
Grant and convey to Grantee, an easement for the construction,
installation, operation, maintenance, repair, and replacement of a raw
water pump station, raw water intake structure, electrical and chemical
feed buildings, hereinafter referred to as the "Facilities", over, across, in
and upan lands of the United States as identified in EXHIBITS A1 — MAP,
61 — SURVEY, and C1 — LEGAL DESCRIPTION, hereinafter referred to
as the "Premises", and which are attached hereto and made a part hereof;
and
Grant and convey unto the Grantee, its successors and assigns, all
of the Grantor's right, title and interest in and to all improvements and
fixtures of whatever nature currently located on the Premises.
The Grantor hereby makes no claim of title during the term of this
easement to any Facilities of whatever nature located, constructed, or
placed on the Premises by the Grantee.
2
DocuSign Envelope Ia: ECOA81F1-7140-4516-B9D7-68E5CEC92EE4
EASEMENT NO. DACW63-2-01-0673
THIS EASEMENT is granted subject to the following conditions:
1. TERM
This easement is hereby granted for a term of fifty (50) years,
beginning OCTOBER 1, 2001, and ending SEPTEMBER 30, 2051 so long
as the Grantee remains in compliance with any or all of the conditions of
this easement and the Water Supply Agreement remains in effect.
2. CONSIDERATION
The consideration for this easement shall be the construction,
operation, maintenance, repair and replacement of the facilities on the
Premises for the benefit of the general public in accordance with the terms
and conditions hereinafter set forth, and the terms and conditions of the
Water Supply Agreement.
3. NOTICES
All correspondence and notices to be given pursuant to this
easement shall be in writing and addressed, if to the Grantee, to CITY OF
DENTON, 216 WEST MULBERRY STREET, DENTON, TEXAS and, if to
the Grantor, to the Real Estate Contracting Officer, Attention: Real Estate
Contracting Officer, ATTN: CESWF-RE-M, Post Office Box 17300, Fort
Worth, TX 76102-0300, or as may from time to time otherwise be directed
by the parties. Notices shall be mailed by certified mail, postage prepaid,
return receipt requested, addressed to the addresses above. The
effective date of the notice shall be the earlier of the actual date of receipt
or the date the addressee is notified of the attempted delivery of the
certified mail, whether or not the addressee actually accepts delivery.
4. AUTHO�RIZED REPRESENTATIVES
Except as otherwise specifically provided, any reference herein to
"Grantor" or "Chief, Real Estate Division" shall include their duly
authorized representatives. Any reference to "Grantee" shall include
assignees, transferees and their duly authorized representatives.
5. SUPERVISION BY THE GRANTOR
The construction, operation, maintenance, repair or replacement of
said facilities, including culverts and other drainage facilities, shall be
pertormed at no cost or expense to the United States and subject to the
approva� of the Grantor. Upon the completion of any of the above
activities, the Grantee shall immediately restore the Premises to the
3
DocuSigq Envelope ID: ECOA81F1-7140-451B-B9D7-68E5CEC92EE4
EASEMENT NO. DACW63-2-01-0673
satisfaction of the Grantor. 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 and the terms and
conditions of the Water Supply Agreement.
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
tocated.
7. WATER SUPPLY AGREEMENT
a. The Grantee has entered into the referenced Water Supply
Agreement with the Grantor which authorizes water storage and
withdrawal. In accordance with the Water Supply Agreement, the Grantee
has acquired rights to store and withdraw water in and from Ray Roberts
Lake and has agreed to pay the applicable costs for such rights. The
Grantee must comply with the terms and conditions of the Water Supply
Agreement.
b. The Grantee agrees to operate all water intake and other
facilities and all electrical equipment will be installed, operated and
maintained in compliance with all applicable Federal, state, county and
municipal laws, ordinances and regulations wherein the Premises are
located, including, but not limited to, the provisions of the latest edition of
the National Electrical Safety Code (NESC) and the Environmental
Protection Agency regulations on Polychlorinated Biphenyls (PCB's).
c. Any electrical service to submerged motors or those located
above water shall be by means of a sealed, water-proof, multiple
conductor cable with controls and switches located on land. The location
of such motors and the electrical feeders shall be clearly marked to be
visible to boaters and swimmers. Additionally, signs warning "DANGER-
HIGH VOLTAGE-Unauthorized Access Prohibited" shall be erected to be
visible from the land and water approaches to the equipment.
d. The granting of this easement does not, expressly or by
implication, authorize withdrawal, or any increase in withdrawal, of water
from Ray Roberts Lake. The easement does not represent a water supply
agreement nor grant any future right to reservoir storage for water supply
purposes.
4
DacuSign Envelope ID: ECOA81F1-7140-451B-69D7-68E5CEC92EE4
EASEMENT NO. DACW63-2-01-0673
8. 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 Grantor.
9. 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 the Grantor to repair any such defects.
10. PR�TECTI�N OF GOVERNMENT PROPERTY
The Grantee shall be responsible for any damage that may be
caused to the 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 other causes. Any property of the United States damaged or destroyed
by the Grantee incident to the exercise of the privileges herein granted
shall be promptly repaired or replaced by the Grantee to a condition
satisfactory to the Grantor, or at the election of the Grantor,
reimbursement made therefor by the Grantee in an amount necessary to
restore or replace the property to a condition satisfactory to the Grantor.
11. RIGHT TO ENTER
The right is reserved to the Grantor, 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, #o make inspections, to remove timber or other material, except
property of the Grantee, to flood the Premises, to manipulate the level of
the lake or pool in any manner whatsoever 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 Grantor, the United States or any officer, agent, or
employee thereof.
12. TRANSFERS AND ASSIGPIMENTS
Without prior written approval by the Grantor, the Grantee shall
neither transfer nor 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
5
DocuSigq Envelope ID: ECOA81F1-7140-451B-B9D7-68E5CEC92EE4
EASEMENT NO. DACW63-2-01-0673
binding upon and shall inure to the benefit of the representatives,
successors and assigns of the Grantee.
13. 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.
14. 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
the Grantor, interfere with the use of the Premises by the Grantee.
15. 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.
16. RELOCATfON 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 Grantor. In the event said facilities
shall not be removed or relocated within ninety (90) days after such notice,
the Grantor may cause such relocation at the sole expense of the
Grantee.
[�
DocuSign Envelope ID: ECOA81F1-7140-4516-69D7-68E5CEC92EE4
y
EASEMENT NO. DACW63-2-01-0673
17. TERMINATION
a. This easement may be terminated by the Grantor upon 30 days
written notice to the Grantee if the Grantor 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 Grantor for failure of the
Grantee to comply with any or all of the conditions of this easement; for
non-use for a period of two (2) years; or for abandonment.
b. This easement may be terminated if the Grantee fails to comply
with the terms and conditions of, or is in default under, the Water Supply
Agreement. In addition, if the Water Supply Agreement is terminated,
expires or becomes void, then this easement may be terminated. This
easement may also be terminated for failure of the Grantee to comply with
Condition 7, WATER SUPPLYAGREEMENT.
18. SOIL AND WATER CONSERVATION
The Grantee shall maintain, in a manner satisfactory to Grantor, 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 the Grantor.
19. 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 promptly 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 strictly 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.
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DocuSign Envelope ID: ECOA81F1-7140-451B-69D7-68E5CEC92EE4
EASEMENT NO. DACW63-2-01-0673
b. The use of any pesticides or herbicides within the Premises
shall be in conformance with all applicable Federal, state and local laws
and regulations. The Grantee must obtain approval in writing from the
Grantor 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,
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 the Grantor and protect the site and material from further
disturbance until the Grantor 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, by acceptance of this easement, is receiving a
type of Federal assistance and, therefore, hereby gives assurance that it
will comply with the provisions of Title VI of the Civil Rights Act of 1964 as
amended (42 U.S.C. Section 2000d); the Age Discrimination Act of 1975
(42 U.S.C. Section 6102); the Rehabilitation Act of 1973, as amended (29
U.S.C. Section 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.
22. RESTORATION
On or before the expiration or termination of this easement, the
Grantee shall, without expense to the United States, and within such time
as the Grantor may indicate, remove said facilities and restore the
Premises to the satisfaction of the Grantor. In the event the Grantee shall
fail to remove said facilities and restore the Premises, the Grantor shall
have the option to take over said facilities without compensation, or to
remove said facilities and perform the restoration at the expense of the
0
DocuSign Envelope ID: ECOA81F1�7140�4516-69D7-68E5CEC92EE4
EASEMENT NO. DACW63-2-01-0673
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. DESCRfPTION
Upon the completion of construction and satisfactory restoration of
the easement area, the Grantee, will provide as-built drawings and
description. This easement will be amended to correct EXHIBITS A1, B1,
and C1 based on the as-built drawings and description.
25. 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.
�
DocuSign Envelope ID: ECOA81F1-7140-4516-B9D7-68E5CEC92EE4
�
EASEMENT NO. DACW63-2-01-0673
26. 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.
27. SPECIAL CONDITIONS
a. The Grantee is granted permission to place and utilize a
chemical feed system at the entrance of the intake structure for controlling
Zebra Mussels, as shown on Exhibit D1.
b. The Grantee is granted permission to construct a chemical
storage building being approximately 20 feet by 30 feet to house the
chemical feed system. A fence shall be constructed along the expanded
easement boundary.
c. The chemicals being used are sodium permanganate and
copper ion solutions.
d. Chemical dosing shall only occur during periods when flow is
actively proceeding to the water treatment facility to prevent contamination
of the surrounding watere
e. A level switch with an alarm shall be installed to alert plant staff
in the event of a leak.
f. Upon the completion of construction a final Safety Plan shall be
submitted to the Real Estate Contracting Officer."
THIS EASEMENT is not subject to Title 10, United States Code, Section 2662,
as amended.
EXCEPT for the revisions above, the terms and conditions of the easement shall
remain unchanged and in full force and effect.
THE REMA/NDER OF THIS PAGE lS LEFT INTENTIONALLY BLANK
10
DocuSign Envelope ID: ECOA81 F1-7140-451 B-69D7-68E5CEC92EE4
EASEMENT NO. DACW63-2-01-0673
IN WITNESS WHEREOF, I have hereunto set my hand by authority of the
Secretary of the Army, this day of , 20
Rocky D. Lee
District Chief, Real Estate Division
Real Estate Contracting Officer
The above instrur�enf, together with all the conditions thereof, is hereby
accepted this �?/��� day of , 20 �0.
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
4��fYfl�`and business terms.
�raan.l� P
22943FE13318483...
Signature
Director, Water Utilities
Title
Water Utilities
The City of Denton T xas
d
Signature
`• V�
Title
ATTEST:
CITY SECRETARy
CIT�' �F NTQN, TE S
BY:
Department �ro���,���1 p,S TO FORM"
Date Signed: 3/3o/2ozo CITy ATTORNEY �
CIiY OF DE �� , TEXAS �_
` �BY: �
11
DocuSign Envelope ID: ECOA81 F1-7140-4516-69D7-68E5CEC92EE4
CERTIFICATE OF AUTHORITY
I l �,1S,D Tj /G �11'r$�, certify that I am the �lCTff ��/ Z�.c� ��,t?E�SEit/Ti�T I�C
•T-
of The City of Denton, named as the grantee herein; and that
/0�� �'/(�"�']�-N , who signed the foregoing instrument on behalf of The
City of Denton, was then C;iTy /17i9rt�iqzr of The City of Denton. I further
certify that the said officer was acting within the scope of powers delegated to this
o�cer by the governing body of The City of Denton, in executing said instrument.
AFFIX COMPANY SEAL
r
Authorized Representative
G�Ty /�1�����
(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.
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational
o iga�'�onsyand business terms.
�raan.�C P�'`I�
Signature
Director Water Utilities
Title
Water Utilities
A'I'T'EST:
�ITY SECRETARY
��'�� OF D ON, TBXA
��Y:
Department �'��'�n`_'�� 4S TO FOr��1�1;
Date Signed: 3/3o/zozo • C;TY ATTORNEY
GITY OF DENTON, T�XAS -- - -
� . .._��
DocuSign Envelope ID: ECOA81 F1-7140-451 B-B9D7-68E5CEC92EE4
STATE OF TEXAS
COUNTY OF TARRANT
ACKNOWLEDGMENT
On this day of , 20 , 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 �DE�O/I%
day of
Notary Public, State of Texas
My Commission Expires:
Printed Name:
20
On this oZ /'�� day of , 20�, before me, the
undersigned officer, personally appear T��iGE/Yd�3i✓ ,
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.
_ ���,�Yp�/� JANE E. RICHARDSON �
�� �PR... Ug ���
ax�:�'1 �� Notary Public, State of Texas
; 9. 6`�.}q� Comm. Expires Q6-27-2�21 ��
'���;��„��`� Notary ID 8251214 ���
- - - � ,,
� (�l �
No ary Public, State of Texas
My Commission Ex ires: 0� o�7-oZDo? /
Printed Name: � �i SO{�1
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DocuSign Envelope ID: ECOA81 F1-7140-4516-69D7-68E5CEC92EE4
ovewau. �o�n �NSEr
NOT TO SCAtE
U.SA
TRACT 270
PERM.ESMT.FOR
RAW WATER
f�t1MP STATION
i
NAD83(2011J
lCRID COORD/NATE
N = T178291.2852
E= 24i1494.3628
PlR11iAMEMT EA:E�IENT
FOR n�w war�� �
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0.818 ACRES
� �����4�� ��G�o
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POiNT OF
BEGINNING
NAD83(2011J GRID COORDINATE:
N = �1tTB85.8958, E = 247l94R4905
USACE MON (CA� FND. fOR SOUTNWEST
('dR.OFli.S.h. TRACT2a9 tAOL. 1l8i. AG. 702
IYAD83(2011) GRID COORDVNATE•
N ■ 71TIOQ7.� E= 21t16B47.�'46
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'usace�uon+� �, av coM,��oNun�sErwFEN u s.a
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NAD 83[2011J GRl/J COOf�OINATE
N=7lTT2824603, E = 2�78,T018
NOTE3
f. 6earin� a 6�es stbw, her.on are robrancoa ro cria No�&f a u» rm�as
CoonSnale Systam W 1993 tNqtls CaMral2one M102 NACl83(2011y EPOCH
�1� as Qarwad ictitty irom Westam Data SYs� �rY ��q
RetaraKe Slations (t�RSj vta Rad Tme Kirrmatic (RTiQ siave�r mNhods.
TM dstarces cF�own hxean rpresaM wtaca valu� uti6xxg an Avaage
Combined Scab Foqa d 1.6001508�0 b tctle Pan {Xid ro strlaoe. TM
toor�ate data sfawn harsan repreae�s FU1063{201 t��rid va4�a.
2. iTrs ExhiM was preparetl wntlwul Yse beneM d a cLrreM Tnle Commilment. or
Enctxnbrance ReporL Adtldiona� easem�ts, rigMs�af�ay andla oU�r matters
W record may aHecl 1Ms Iraet Ihal ate r� ahw+n hereon
3. A Lay�i Des� d wen dat6 herewrth aorAm�iw Ihia EasamenR E#iitql
Su Fxlx� %P
4 Atl Improvements are not shown
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UNITED S7'ATES OF AIII�RICA
TRACT 210 — CAI.LED 27.39 ACRES
YOL.10�i, PG. 829
' �_ D.R.D.C.T
r' s
4
� �p
0 50 100 200
SCALE� 1' = 100'
�USACE MaN (BROKEWj FND. FOR SOUTH COR.
OF U.SA TRACT �4. V(�L. 1118, PG. 463.
/VAD83(2011J GR70 GOOROJNATE
N = 7176727.9�3, F = 241tB72.8738
� y. i °►
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EXHIBIT Bl
�°'STF``TF+� pERMANENT EASE�iIENT FOR
: Q-� � 4� •� �
.. . ............." ..•+..
� 8. � Aaw w�� P[�ll� P STATION
.... ... ......t .
:;4 �'4`859� �= . BEING 0.818 ACFtES OF LAND SITUATED IN THE
;y �Os'� S s, o::' q4' MARTHA LANGSTON SURVEY, ABSTRACT NO. 738
�� SUR`�4"� DENTON COUNTY, TEXAS
DEN19094 PAGE 1 OF 1
T�-- 1of1
DocuSign Envelope ID: ECOA81F1-7140-451B-B9D7-68E5CEC92EE4
EXHIBIT "C7"
0.818 ACRE PERMANENT EASEMENT
FOR RAW WATER PUMP STATION
Part of United States of America Tract 210 — Lake Ray Ro6erts
BEING a 0.818 acre tract of land situated in the Martha Langston Survey, Abstract No. 739, Denton County, Texas, and
being part of a called 27.39 acre tract of land described as Tract 210 in a Deed to the United States of America, as recorded
in Volume 1093, Page 829 of the Deed Records of Denton County, Texas, and being more particularly described as foilows:
BEGINNING at a point near the center of an existing concrete flume, said point having a NAD 83(2011) grid coordinate value
of N= 7,177,685.8958, E= 2,411,340.4905, said point also being the most Southerly Southwest corner of the herein
described easement, from which a broken United States Army Co[ps of Engineers monument having a NAD 83(2011) grid
coordinate value of N= 7,176,727.9893, E= 2,411,672.8738, found for the South corner of a tract of land described as Tract
224 in a Deed to the United States of America, as recorded in Volume 1118, Page 463 of the Deed Records of Denton
County, Texas, bears South 19°08'10" East a distance of 1014.10 feet, a Unfted States Atmy Corps of Engineers monument
having a NAD 83(2011) grid coordinate value of N= 7,177,262.4603, E= 2,409,979.7018, found in the common line
between Tracts 205 and 206, per Deeds to the United States of America, as recorded in Volume 1088, Page 429 and
Volume 1090, Page 652 of the Deed Records of Denton County, Texas, bears S 72°42'56" West a distance of 1425.36 feet,
and a United States Arrny Corps of Engineers monument having a NAD 83(2011) grid coordinate value of N=
7,177,067.9343, E= 2,408,847.8748, found forthe Southwest corner of Tract 209 per Deed to the United States of America,
as recorded in Volume 1101, Page 702 of the Deed Records of Denton County, Texas, bears South 76°04'34" West a
distance of 2568.46 feet;
THENCE North 18°21'42" West for a distance of 222.01 feet to a point for corner, said point being 1.1' east of said concrete
flume;
THENCE North 71 °55'32" East for a distance of 61.50 feet to a point for corner;
THENCE South 33°47'00" East for a distance of 43.25 feet to a point for corner; '
THENCE North 71 °38'18" East for a distance of 43.41 feet to a point for comer;
THENCE North 15°17'14" East for a distance of 274.93 feet to a point for comer;
THENCE North 26°39'17" East for a distance of 52.77 feet to a point for corner;
THENCE North 71 °41'07" East for a distance of 32.14 feet to a point for comer;
THENCE North 19°22'46" West for a distance of 80.02 feet to a point for corner having a NAD 83(2011) grid coordinate
value of N= 7,178,291.2652, E= 2,411,494.3626;
THENCE North 70°37'14" East for a distance of 15.78 feet to a point for corner at the edge of an existing concrete structure;
THENCE South 18°36'31" East along the edge of said concrete structure, for a distance of 12.00 feet to a point for corner;
THENCE South 70°37'14" West departing said concrete structure, for a distance of 9.61 feet to a point for corner;
THENCE South 19°22'46" East for a distance of 91.41 feet to a point for corner;
THENCE South 71 °41'07" West for a distance of 19.41 feet to a point for corner;
THENCE South 26°39'17" West for a distance of 46.87 feet to a point for corner,
THENCE South 15°17'14" West for a distance of 55.42 feet to a point for corner,
THENCE South 20°16'32" East for a distance of 19.59 feet to a point for comer;
7HENCE South 15°53'59" West for a distance of 198.86 feet to a point for corner;
THENCE South 82'3�'12" West for a distance of 10.05 feet to a point for corner;
0.818 Acre Permanent Easement (or Raw Water Pump Stafion
Page ? of2 Exhibit C1
DocuSign Envelope ID: ECOA81F1-7140-4516-B9D7-68E5CEC92EE4
THENCE South 15"17'14" West for a distance of 54.48 feet to a point for corner;
THENCE South 71 °38'18'° West for a distance of 10.00 fee# to a point for corner;
THENCE South 18'21'42" East for a distance of 116.24 feet to a point for comer;
THENCE South i1'38'18" West for a distance of 100.00 feet to the POINT OF BEGINNING, and containing 0.818 acres of
land, more or less.
NOTES:
1. Bearings shown hereon are referenced to Grid No�th of ihe Texas Coordinate System of 1983 (Norfh Central Zone
4202; NAD83(2011) Epoch 2010j as derived locally from Westem Data Systems Continuously Operating Reference
Stafions (CORS) via Real Time Kinematic (RTfq smvey methods. The distances shown hereon represent surface
values utilizing an average combined scale facfor oi 1.000150630 to scale from grid to surface. Alf coordinate data
represents grid values.
2. An Easement Exhibit of even date herewifh accompanies this Legal Description. See Exhibit 'B':
.�- ` %�
L:���--�--
To d B. Tumer, R.P.L.S. No. 4859
Teague Nall & Perkins
3200 S. Interstate 35E, Suite 1129
Denton, Texas 76210
940-383-4177
Date: March 25, 2019
0. 818 Acre Permanent Easement for Raw Wafer Pump Station
Page2of2 EXhibit C1
DocuSign Envelope ID: ECOA81 F1-7140-451 B-B9D7-68E5CEC92EE4
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