HomeMy WebLinkAboutRES 12.17.1986- Lake Georgetown Water Treatment PlantI
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WHEREAS, the City of Council of the City of Georgetown, Texas has
received a request from the Corps of Engineers for the execution of the
documents for easements and temporary license to use Government land for a
temporary construction area in connection with Lake Georgetown Water
Treatment Plant right-of-way for electric lines, and an access road as
shown in the attached field notes contained in Corps of Engineers'
Contract No. DACW63-2-86-0743 and Contract No. DACW63-3-86-0744, and
WHEREAS, the City Council finds that it is in the best interest of the
City to execute such documents for easements and temporary license.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS THAT
the City Council of the City of Georgetown does hereby resolve that Robert
Gaylor, City Manager, is authorized and directed to sign and deliver all
necessary requests and other documents in connection therewith for and on
behalf of the City of Georgetown.
I, Pat Caballero, City Secretary of the City of Georgetown, certify the
foregoing is a true and correct copy of the resolution duly adopted by the
City Council of the City of Georgetown on the I j? day of i )CC6-. ,1ZK , 1986.
4
C
Jim Colbert, Mayor
ATTEST:
Mr. Pat Caballero, City Secretary
/rw
12-3-86
DEPARTMENT. OF THE Af IY
EASEMENT FOR RIGHT OF WAY
WATER (PIPELINE) CONTRACT NO.DACW63-2-86-0743
GE0RGETOWN LAKE, TEXAS
ON............:......... - --... .. .............-_ .....
THE SECRETARY OF THE ARMY, under and by virtue of the authority vested in him by
Title 10, United States Code, Section 2669, hereby grants to THE CITY OF
GEORGETOWN,, TEXAS,
hereinafter designated as the rVantee, for a period not exceeding fi fty
( 50 ) years from the datelhereof, an easement for aright of way for the purpose
of constructing, installing, inspecting, repairing, operating,
maintaining, replacing, changing, and removing a water line with all
incidental equipment and appurtenances, with egress and ingress to the
easement site.,
over, across, in, and upon land under the control of the Secretary of the Army at the location
shown in red on Exhibit A
attached hereto and made a part hereof, and described as follows:
A twenty ('20) foot wide easement to be effective fifty
(50) years and as described in Exhibit B attached hereto
and made a part hereof.
* of execution on behalf of the Secretary of the Army
THIS EASEMENT is granted subject to. the following oonditions:
ee. Compensation shall be made payable to the
`"'°"" 1361
1 AUGU63 PREVIOUS EDITIONS 14.1 BE USED (FR a05-I,410)
8. The installatio?. d/or operatior4 and vraintenanee of sa ine sh&U be accomplished
without cost or expense to the United States under the general supervision and subject to
the approval of the officer having immediate jurisdiction over the property, hereinafter
designated as "said officer", and in such manner as not to endanger personnel or property of
the United States on the said United States land or obstruct travel on any road thereon. The
grantee shall have the right of ingress and egress for such purposes.
8. The use and occupation of said land incident to the exercise of the privileges hereby
granted shall be subject to such rules and regulations as the said officer may from time to time
prescribe.
4. Th,e grantee shall supervise the said line and cause it to be inspected at reasonable
intervals, and shall immediately repair any leaks found therein as a result of such inspection, or
when requested by said officer to repair any defects. Upon completion of the installation of
said line and the making of any repairs thereto, the premises shall be restored immediately by
the grantee, at the grantee's own expense, to the same condition as that in which they existed
Prior to the commencement of such work, to the satisfaction of the said officer.
5. Any property of the United States damaged or destroyed by the grantee incident to
the use and occupation of the said premises, shall be promptly repaired or replaced by the
grantee to the satisfaction of the said offizer or in lieu of such repair or replacement the grantee
shall, if so required by the said officer, pay to the United States money in an amount su itcient
to compensate for the loss sustained by the United States by reason of damages to or destruction
of Government property.
s_ The United States reserves to itself the right to construct, use, and maintain across,
over, and/or under the right of way hereby granted, electric transmission, telephone, telegraph,
water, gas, gasoline, oil and sewer lines, and other f acilities, in. such manner as not to create any
unreasonable interference with the use of the right of way herein granted.
7. The United States shall not be responsible for damages to property or injuries to
persons which may arise from or be incident to the use and occupation of the said premises,
nor for damages to the property of the grantee, or for injuries to the person of the grantee
(if an individual), nor for damages to the property or injuries to the person of the grantee's
officers, agents, servants, or employees, or others who may be on said premises at their invita-
tion or the invitation of any one of them, arising from or incident to government activities, and
the grantee shall hold the United States harmless from any and all such claims.
8. The United States shall not be responsible for damages to property or injuries to
persona which may arise from or be incident to the construction, maintenance, and use of Said
line.
9. That the grantee shah furnish through said line &Uch service as may be required from
time to time for governmental purposes on said land, 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.
10. In the event all or -any portion of said land occupied by said line shall be needed by
the United States, or in the event the existence of said line shall be considered detrimental to
governmen.tu.2 activities, the grantee shall, from time to time, upon notice so to do, and as of ten
as so notified, remove said line and related facilities to such other location or locations on said
land as may be designated by said officer, and, in the event said line shall not be removed or
relooated within ninety (90) days after any aforesaid notice, the United States may cause the
same to be done at the expense of the grantee.
✓A
11. This easement" ;y be terminated by the Secretary of ( )Army upon a reasonable
notice to the grantee if toe Secretary of th. Army shall determine that the right of way hereby
granted interferes with the use or disposal of said land or any part thereof by the United States,
or it may be terminated by the Secretary of the Army for failure, neglect, or refusal by the
grantee fully and promptly to comply with any and all of the conditions of this grant, or for
nonuse, for a period of two years, or for abandonment.
12. Upon the expiration or termination of this grant, the grantee shall, without expense
to the United States, and within such time as the Secretary of the Army may indicate, remove
the said line from said land and restore the premises hereby authorized to be used and occupied
to a condition satisfactory to the said officer. In the event the grantee shall fail, neglect, or
refuse to remove the said line and so restore the premises, the United States shall have the option
either to take over the said line as the property of the United States, without compensation
therefor, or to remove the said line and perform the restoration work as aforesaid at the expanse
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 line or on account of its
removal.
13. The conditions of this instrument shall extend to and be binding upon and shall inure
to the benefit of the heirs, representatives, successors, and assigns of the grantee.
14. That it is understood that this instrument is effective only insofar as the rights of the
United States in the said property are concerned; and that the grantee shall obtain such per-
mission as may be necessary on account of any other existing rights.
Prior to execution of this easement, the granting clause and Condition
11 were modified, Condition was deleted, and Conditions 15, 16, 17, 18,19, 20,
and 21 were added on page 4 which is hereby made a part hereof.
This easement is not subject to Title 10, United States Code, Section teat.
IN WITNESS WHEREOF I have hereunto set my hand this
day of 19 86, by direction of the Secretary
of the Army.
DAMES P. CAIN
Chief, Real Estate Division
8 GPO 937.179
15. That the City of Georgetown will remove all rocks disturbed during
construction and the construction area be topsoiled, leveled, seeded,
fertilized and watered for one year.
16. That the City of Georgetown will plant 13 replacement trees
of 1 1/2" to 2" caliper. The type and location of planted trees will
be specified by the Reservoir Manager.
17. The grantee shall not discriminate against any person or
persons or exclude any persons from participation in the grantee's
operations, programs or activities conducted on the easement premises,
because of race, color, age, sex, handicap, national origin or religion.
The grantee, by acceptance of this easement hereby gives assurance that
the provisions of Title VI of the Civil Rights Act, as amended, (42
U.S.C. 2000d); the Age Discrimination Act of 1975 (42 U.S.C. 6102);
the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); and
Department of Defense Directive 5500.11 will be complied with.
18. The use of any pesticide on the easement premises must be
in accordance with appropriate Federal, state or local laws, rules and
regulations.
19. That 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, vestiges, remains or objects of
antiquity. In the event such items are discovered on the premises, the
grantee shall immediately notify the District Engineer, Fort Worth
District, and the site and the material shall be protected by the grantee
from further disturbance until a professional examination of them can
be made or until clearance to proceed is authorized by the District
Engineer.
20. That the grantee shall comply with all applicable Federal
laws and regulations and with all applicable laws, ordinances and
regulations of the State of Texas, county and municipality wherein the
premises are located.
21. That within the limits of their respective legal powers, the
parties to this easement shall protect the project against pollution
of its waters. The grantee shall comply promptly with any regulations,
conditions or instructions affecting the activity hereby authorized if
and when issued by Environmental Protection Agency and/or local
governmental water pollution control agency having jurisdiction to abate
or prevent water pollution. Such regulations, conditions, or instructions
in effect or prescribed by the EPA, state, interstate or local governmental
agency are hereby made a condition of this easement.
The above and foregoing easement for a right-of-way across
Government owned land within Georgetown Lake, Texas, is hereby accepted
on behalf of the City of Georgetown, Texas, this day of
1986.
CITY OF GEORGETOWN, TEXAS
BY: v
R'o ex t Gay nor
Ci_hti Mana (TITLE)
ql
C E R T I F I C A T E
certify that I am theF_L.i1
of the City of Georgetown named as grantee herein; that
, who signed this instrument on behalf of the grantee
was then the G r-/���, of said municipality; that
said instrument was duly signed for and in behalf of the said municipality
by authority of its governing body and is within the scope of its corporate
powers.
i
E
EXHIBIT A
FIELD NOTES DESCRIBING A 0.702 ACRE TRACT OF LAND OUT OF AND A PART OF THE
DAVID WRIGHT LEAGUE SURVEY NO. 13 IN WILLIAMSON COUNTY, TEXAS, AND BEING A
PORTION OF THAT CERTAIN 122.0 ACRE TRACT OF LAND CONVEYED TO THE UNITED STATES
OF AMERICA BY T.H. GODWIN BY DEED RECORDED IN VOLUME 514, PAGE 432 OF THE DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.702 ACRES BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a United States Corps of Engineers monuments found at an
interior corner of said 122.0 acre tract of land, being also the northeasterly
corner of that certain 13.228 acre tract of land conveyed by the United States
of America to the City of Georgetown, Texas by deed recorded in Volume 616,
Page 738 of said Williamson County Deed Records, and being also the
southeasterly corner of that certain 18.14 acre tract of land conveyed to
Robert L. Crouch and wife, Joan T. Crouch by deed recorded in Volume 968, Page
31 of said Deed Records of Williamson County, Texas, and being also on the
westerly line of the north access road to North Fork Reservoir (Lake
Georgetown Dam Road), for a point on the westerly line of the tract herein
described;
THENCE, along the common line of said 18.14 acre tract of land and the
westerly line of said north access road to North Fork Reservoir (Lake
Georgetown Dam Road), the following two (2) courses:
1. N 250 06' 59" E, 1007.35 feet to a 3/4" iron rod found for an angle
point;
2. N 190 55' 16" W, 139.39 feet to a 3/4" iron rod found at the
southerly 80 foot right of way line of F.M. 2338, for the northwesterly corner
of the tract herein described;
THENCE, S 650 25' 18" E, along the northerly line of said north access
road to North Fork Reservoir (Lake Georgetown Dam Road) and the southerly
right of way line of said F.M. 2338, 118.63 feet to the northeasterly corner
of the tract herein described;
THENCE, departing said southerly right of way line of F.M. 2338, S 250
06' 59" W, 1173.70 feet to the beginning of a curve to the left;
THENCE, along said curve to the left, having 8 central angle of 030 14'
25", a radius of 1954.69 feet, a chord bearing S 23 29 47 W, 110.53 feet,
for an arc distance of 110.54 feet to the southeasterly corner of the tract
herein described;
THENCE, N 680 07' 26" W, 20.00 feet to a point on the westerly line of
said north access road to North Fork Reservoir (Lake Georgetown Dam Road) and
a point on the arc of a curve to the right, for the southwesterly corner of
the tract herein described;
THENCE, along said westerly line and said curve to the right, having a
central angle of 030 14' 25" , a radius of 1974.69 feet, a chord bearing N 230
29' 47" E, 111.66 feet, for an arc distance of 111.68 feet to the POINT OF
BEGINNING, containing within these metes and bounds 0.702 acres of land, more or
DEPARTMENT OF THE ARMY
LICENSE
GEORGETOWN LAKE, TEXAS CONTRACT NO.DACW63-3-86-0744
The SECRETARY OF THE ARMY (hereinafter Secretary) or duly authorized represen-
tative under authority#= vested in him, lftrr'ilFa
the City of Georgetown, Texas, (hereinafter licensee) a/ a se t'd
use Government land for temporary construction area for the installation of a water
pipeline with all incidental equipment and appurtenances . The
license is for a period dfX
beginning * X WXXXXXX;IiA1doXdMXXXXXXXXXXXXXXXXIVXXX but revocable at will
by the Secretary or duly authorized representative. The license is for the premises (hereinafter
premises) shown in Exhibit A and more particularly described in Exhibit g which are
attached and made part of this instrument.
THIS LICENSE is granted subject to the following conditions:
($ ) per pa a order of
the Finance and Accounting Officer, _P-1stF' and delivered to
The United States will im arge, the amount to be determined by law or regulation, on late
payment of ue 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. under the general supervision of the officer executing this license or duly authorized
representative (hereinafter 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 use of any herbicide or pesticide on the premises;
c. subject to the right of the United States to construct, use, and maintain facilities on the
premises without unreasonably interfering with the licensee's privileges;
d. subject to other outgrants of the United States on the premises which do not unreasonably
interfere with the licensee's privileges; and
e. without liability of the United States for failure to supervise or inspect activities or facilities
of the licensee.
3. Under a separate agreement with the installation commander (Army military), base commander
(Air Force military) or district engineer (Army civil works), the licensee shall pay the cost of the
United States to produce or supply utilities or services to the licensee. Such costs shall include the
licensee's proportionate 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 licensee at its own expense shall maintain the premises in good order.
5. The licensee shall 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 exercise of the
privileges granted.
ENG FORM 808, Oct 85 REPLACES EDITION OF 1 DEC 62 AND ENG FORM 808a, 1 Jul 63, WHICH IS OBSOLETE
*on the date of execution on behalf of the5ecretary of the Army and ending on the date
water pipeline is completed and granted un r Easement NO. DACWb3-2-86-0743,
Instead and if required by said officer, the licensee sliall pay the United States money in an amount
sufficient to compensate for the loss sustained by the United States for damage to or destruction
of United States property.
6. The United States and its officers, agents, servants, and employees ("the released parties") shall
not be responsible for damages to property, injuries to persons, or any other cause of action ("released
actions") which may arise from or be incident to this license or the licensee's exercise of the privileges
herein granted. Released actions include, without limitation, damage to the licensee's property,
injury to the licensee's person, or other cause of action of the licensee, or such damage, injury or
other cause of action of the licensee's officers, agents, servants, employees, invitees of any of these,
or anyone else otherwise on or near said premises incident to the license. The licensee shall hold
harmless and indemnify the released parties for released actions which may arise from or be inci-
dent to this license or the licensee's exercise of the privileges herein granted.
—7—The licensee shalLnca discriminate against any �ie
handicap, or national origin in the conduct of its operations here nAer--. Thre-ittensee furnishes as
a part of this cont�(4�2
act an assurance; Exhibit i will comply with Title VI of the Civil
Rights Act of 1964 and all requirements imposed by or pursuant to Department
8. The licensee shall 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 laws, 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 licensee shall not be responsible for pollution caused by others.
9. The licensee shall not remove or disturb, or cause or permit to be removed or disturbed, any
historical, archeological, architectural or other cultural artifacts, relics, vestiges, remains or objects
of antiquity. In the event such items are discovered on the premises, the licensee shall immediately
notify said officer and protect the site and the material from further disturbance until said officer
gives clearance to proceed.
10. The licensee will use all reasonable means available to protect the environment and natural
resources from damage arising from this license or activities incident to it, and where damage
nonetheless occurs, the licensee shall be liable to restore the damaged resources.
11. If the licensee discovers military contamination on the premises, the licensee shall immediate-
ly stop work and 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 restore the premises to a condition
satisfactory to said officer, except for damages beyond the licensee's control or for fair wear and
tear. If this license is revoked, the licensee will do the same within the time designated by said
officer. If the licensee fails or neglects to remove the property and to restore the premises, at the
option of said officer:
a. said property shall become the property of the United States without compensation
therefor, or
b. said officer may have the property removed and the premises restored at the expense
of the licensee, and no claim for damages against the United States or its officers or agents shall
be created by or made on account of the removal and restoration work.
2
13. The licensee may terr, ate this license by giving ten (10) d, written notice by certified mail
to the Secretary through said office. The United States shall not refund compensation paid under
condition 1. If notice is not given at least ten (10) days before compensation is due under Condition
1, the licensee shall pay the compensation for that period or term.
14. This license is effective only insofar as the rights of the United States in the premises are con-
cerned. The licensee shall obtain any further permission necessary on account of any other existing
rights.
15. This license may not be transferred or assigned. Prior to execution of this license, Ctd4rA=i(ii N0(%X
granting clause was rx*t4 modified, Condition No(s) 1 and 7 were deleted, and
Condition No(s) 16 were added on page 4 which is made part of this
instrument.
This license is not subject to Title 10, United States Code, Section 2662, as amended,
IN WITNESS WHEREOF, I have hereunto set my hand by authority/direction of the Secretary of
the Army this day of 19
JAMES P. CAIN
Chief, Real Estate Division
The above instrument, including all its conditions, is hereby accepted this
day of 19
CITY OF GEORGETOWN, TEXAS
BY:
ROBERT YLOR
.-.y�„;JY,, MANAGE R
TITLE
3 * U.S. GO V""M@nt Mntln9 Off IM 1966-497.914/49260
16. That the terms and conditions of Easement DACW63-2-86-0743 are
incorporated as part hereof except for the ending date.
FIELD NOTES DESCRIBING A 0.44 ACRE TRACT OF LAND OUT OF AND A PART OF THE
DAVID WRIGHT LEAGUE SURVEY NO. 13 IN WILLIAMSON COUNTY, TEXAS, AND BEING A
PORTION OF THAT CERTAIN 122.0 ACRE TRACT OF LAND CONVEYED TO THE UNITED STATES
OF AMERICA BY T. H. GODWIN BY DEED RECORDED IN VOLUME 514, PAGE 432 OF THE DEED
RECORDS OF WILLIAMSON COUNTY, TEXAS, SAID 0.44 ACRES BEING A 15 FOOT WIDE
TEMPORARY CONSTRUCTION EASEMENT RUNNING PARALLEL WITH THE EASTERLY LINE OF
THE 0.702 ACRE TRACT DESCRIBED BELOW:
BEGINNING 'at "a United States Corps of Engineers monuments found at an
interior corner of said 122.0 acre tract of land, being also the northeasterly
corner of that certain 13.228 acre tract of land conveyed by the United States
of America to the City of Georgetown, Texas by deed recorded in Yolume 616,
Page 738 of said Williamson County Deed Records, and being also the
southeasterly corner of that certain 18.14 acre tract of land conveyed to
Robert L. Crouch and wife, Joan T. Crouch by deed recorded in Yolume 968, Page
31 of said Deed Records of Williamson County, Texas, and being also on the
westerly line of the north access road to North Fork Reservoir (Lake
Georgetown Dam Road), for a point on the westerly line of the tract herein
described;
THENCE, along the common line of said 18.14 acre tract of land and the
westerly line of said north access road to North Fork Reservoir (Lake
Georgetown Dam Road), the following two (2) courses:
I. N 250 06' 59" E, 1007.35 feet to a 3/4" iron rod found for an angle
point;
2. N 190 55' 16" W, 139.39 feet to a 3/4" iron rod found at the
southerly 80 foot right of way line of F.M. 2338, for the northwesterly corner
of the tract herein described;
THENCE, S 650 25' 18" E, along the northerly line of said north access
road to North Fork Reservoir (Lake Georgetown Dam Road) and the southerly
right of way line of said F.M. 2338, 118.63 feet to the northeasterly corner
of the tract herein described;
THENCE, departing said southerly right of way line of F.M. 2338, S 250
06' 59" W, 1173.70 feet to the beginning of a curve to the left;
THENCE, along said curve to the left, having 8 central angle of 030 14'
2511, a radius of 1954.69 feet, a chord bearing S 23 29' 47" W, 110.53 feet,
for an arc distance of 110.54 feet to the southeasterly corner of the tract
herein described;
THENCE, N 680 07' 26" W, 20.00 feet to a point on the westerly line of
said north access road to North Fork Reservoir (Lake Georgetown Dam Road) and
a point on the arc of a curve to the right, for the southwesterly corner of
the tract herein described;
THENCE, along said westerly line and said curve to the right, having a
central angle of 030 14' 25" , a radius of 1974.69 feet,a chord bearing N 230
29' 47" E, 111.66 feet, for an arc distance of 111.68feet to the POINT OF
BEGINNING, containing within these metes and bounds 0.702 acres of land, more or
EXHIBIT A
F. M. 23,_38
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