2009-173ORDINANCE NO.2009-1'7J
AN ORDINANCE APPROVING AN EASEMENT FOR PIPELINE RIGHT-OF-WAY BY
AND BETWEEN THE CITY OF DENTON, AS GRANTEE AND THE DEPARTMENT OF
THE ARMY (CORPS OF ENGINEERS) AS GRANTOR RELATING TO THE LOCATION
OF A CITY SANITARY SEWER LINE WITHIN LANDS OF THE UNITED STATES OF
AMERICA, OUTGRANT NO. DAC W63-2-09-0655, LEWISVILLE LAKE, TEXAS, BEING
SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT NUMBER 1330, DENTON,
DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PECAN PARK ADDITION OFF-
SITE SANITARY SEWER EASEMENT - 7300 BLOCK EAST MCKINNEY STREET)
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee, is hereby authorized to execute an
Easement for Pipeline Right-of-Way between the City of Denton, Texas and the Department of
Army (Corps of Engineers), in substantially the form of the agreement that is attached to and
made a part of this ordinance for all purposes, for the purpose of locating a City subsurface
sanitary sewer line under an approximate .093 acre tract of land, within the lands of the United
States of America.
SECTION 2. The City Manager is authorized to make the expenditures as set forth in
the attached Easement for Pipeline Right-of-Way agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval. LL
PASSED AND APPROVED this the j7` ' day of , 2009.
A. BURR&1QiHS1 MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
h-7.
By~
AP' OVED A -
I'O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By:
NO. DACW63-2-09-0655
DEPARTMENT OF THE ARMY
EASEMENT FOR PIPELINE RIGHT-OF-WAY
LOCATED ON
LEWISVILLE LAKE, TEXAS
DENTON 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 2669, 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, City of
Denton, 901-A Texas Street, Denton, Texas 76209, hereinafter
referred to as the grantee, an easement for placement of sub-
surface six inch sewer line inside a 12-inch steel encasement on
approximately 0.093 acres, Tract M-1101-2,hereinafter referred to
as the facilities, over, across, in and upon lands of the United
States as identified in Exhibit(s) A, B, & C, 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 hereby granted for a term of 50.(fifty)
years beginning May 15, 2009, and ending May 14, 2059.
2. CONSIDERATION
The grantee shall pay in advance to the United States the
amount of Five Hundred Ninety Five and No/100 Dollars ($595.00),
in full for the term hereof payable in advance to the order of
the Finance and Accounting Officer, Fort Worth District, and
delivered to Corps of Engineers, ATTN: CESWF-RE-M, Post Office
Box 17300, Fort Worth, Texas 76102-0300.
3. NOTICES
All correspondence and notices to be given pursuant to this
easement shall be addressed, if to the grantee, to City of
Denton, 901-A Texas Street, Denton, Texas 76209 and, if to the
United States, to the District Engineer, 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.
4. AUTHORIZED REPRESENTATIVES
Except as otherwise specifically provided, any reference
herein to "Secretary", "District Engineer", "Installation
Commander", 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 (DISTRICT ENGINEER) (INSTALLATION
COMMANDER)
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 District
Engineer, 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 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 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 prior written approval by said District Engineer, 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 binding upon
and shall inure 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, to the extent permitted by the laws and
constitution of the State of Texas, and 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.
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 drosion within the right-of-way herein granted. Ariy
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 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.
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 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. 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 material from further disturbance until
said officer gives clearance to proceed.
20. NON-DISCRIMINATION
The grantee shall not discriminate against any person or
persons because of race, color, age, sex, handicap, national
origin, or religion in the conduct of operations on the premises.
21. 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 said officer may indicate, remove said
facilities and restore the premises to the satisfaction of said
officer. In the event the grantee shall fail to remove said
facilities and restore the premises, the United States shall have
the option to take over said facilities without compensation, or
to remove said facilities and perform th,e 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.
22. DISCLAIMER
This instrument is effective only insofar as the rights of
the United States in the property 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 of 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 or local statute in
connection with use of the premises.
23. ADDED CONDITIONS
Since this is a sub-surface easement, no surface rights are
granted.
THIS EASEMENT is not subject to Title 10, United States Code,
Section 2662, as amended.
IN WITNESS WHEREOF, I have hereunto set my hand by authority
of the Secretary of the Army, this day of , 2009.
Hyla J. Head
Chief, Real Estate Division
THIS EASEMENT E~
is also executed by the grantee this
day of 1 2009 .
A(( Y of D o
i
ame and Title)
CERTIFICATE
If certify that I am the
of the Ci y of Denton, named as a grantee herein; It
An(*nh%A rkz 170 who signed this agreement on behalf of the City of
Denton, was then of the City of Denton and that
said agreement was my signed for and on behalf of the City of
Denton and is within its scope of its legal powers. Au T ROR M eT>
lati' C. %T L? O F vet-k-ros.1 oRo► A A PAC-1E MO. Z o0e-1- 1 13
Date f o}
Q..J
(Title)
NOTE: Please have someone other than the person who signs the
easement, complete and sign this form.
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Proposed Sanitary Sewer Force Main
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asement Request
DATE
June 16 2008
Freese and Nichols
4055 International Plaza, Suite 200
Fort Worth, TX 76109 - 4895
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Vicinity Map
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DESIGNED
RMF
FIGURE
Phone - (817) 735 - 7300
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Entry Point
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Proposed Sanitary Sewer Force Main
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Parcel Boundaries
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ro ONE N
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Freese ane Nichols
4055 International Plaza, Suite 200 S
Fort Worth, TX 76109 - 4895
Phone - (817) 735 - 7300
0 40 80
City of Denton
USACE Easement Request
160 Feet 2007 Aerial Imagery
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Sub-surface Easement Details
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