CM-2014-633 - 12/26/2014City of Round Rock
RO%A5 ROCK Agenda Item Summary
Agenda Number:
Title: Consider executing Supplemental Agreement No. 6 to Easement No.
DACW63-2-81-0675 Lake Georgetown with the Department of the Army.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 12126/2014
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost: $2,325.00
Indexes: Utility Fund
Attachments: SA#6 USACE CM12.26.14
Department: Utilities and Environmental Services
Text of Legislative File CM -2014-633
In 1961, the City acquired an easement from the United States Army Corps of Engineers
(USACE) for the Raw Water Pump Station, a raw water line, and a site for the Electrical
Control Building. This easement has been amended five times by Supplemental Agreement
Nos. 1-5.
On October 8, 2011, a 30 year easement that the City purchased in 1981 expired. The City
has requested renewal of this easement with USACE. They have recommended that we
incorporate this easement into the original 50 year easement that the City acquired in 1981.
The Utility Staff requests the City Manager execute Supplemental Agreement No. 6 with
USACE in the amount of $2,325, which covers the USACE administrative time necessary to
approve the amendment.
This easement will need to be renewed in the year 2031.
Staff recommends approval.
GyerRomd Rook Page 1 Printed on IV2312014
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCILICITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: tailless B Environmental SeMces projectName: Supplemental Agreement to Easement
Project NigdResomte: Michael Them ContractoYNendor: Department of the Army
Council Action:
ORDINANCE F-1 RESOLUTION
QCity Manager Approval
EfAttorney
CMA Wording
Consider executing Supplemental Agreement No.6 to Easement No. DACW63-2-616675 Lake Georgetown with the Department
of the Any.
Date
O:lwdox\SCClnts\0141\1400\MISC100326249.XLS Updated 6008
SUPPLEMENTAL AGREEMENT NO. 6
TO
DEPARTMENT OF THE ARMY
EASEMENT DACW63-2-81-0675
WILLIAMSON COUNTY
LAKE GEORGETOWN, TEXAS
This Supplemental Agreement No. 6 to Easement DACW63-2-81-0675, 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 Round Rock, 2008 Enterprise Drive,
Round Rock, Texas 78664, party of the second part, hereinafter referred to as the
Grantee;
WITNESSETH:
WHEREAS, on 11 September 1981, the Secretary of the Army granted to the City
of Round Rock, the above -numbered fifty (50) year easement for the construction,
operation, maintenance and repair of (1) 30 -inch water pipeline and (2) a raw water
intake structure across Tract 104, Lake Georgetown, Texas, as more specifically
described in said easement; and
WHEREAS, on 5 June 1995, the above -numbered easement was amended to
include a 30 -inch waterline, a 25' by 410' additional area to the water intake structure
and added 10' to the easement area; and
WHEREAS, on 6 March 2000, the above -numbered easement was amended to
expand the water intake, add an additional 0.60 acre to the easement area, and add an
electrical building and a standby generator; and
WHEREAS, on 20 March 2001, the above -numbered easement was amended to
add 0.07 acre (3,225 square feet) to the easement area; and
WHEREAS, on 11 March 2004, the above -numbered easement was amended to
add an additional 1.118 acres (48,716 square feet) area for utility easement; and
WHEREAS, on 12 June 2008, the above -numbered easement was amended to
add an additional 1.119 acres (48,743 square feet) area for utility easement; and
WHEREAS, the Grantee has requested that Easement DACW63-2-87-0503, for
an ingress and egress driveway, 0.070 acre, on Tract 105-1, which expired on 8
0 M- Ams-(Va3
October 2011, be renewed. It was determined that this easement should be combined
with DACW63-2-81-0675; and
WHEREAS, the Secretary of the Army is agreeable to the supplement of said
easement to allow for the addition of 0.070 acre of land for an ingress and egress
driveway, effective 1 November 2014, and under the same provisions and conditions of
the original easement and all other Amendments and Supplemental Agreements.
NOW THEREFORE, Easement DACW63-2-81-0675 is hereby amended in the
following respects only:
1. Add to the first paragraph of the original easement the following words, "The
addition of 0.070 acre area for the expansion of the easement as shown in Exhibits A8,
A9 and A10 and as described in Exhibit At 1, for an ingress and egress driveway,
attached hereto and made a part hereof".
2. Add to the Conditions section of the original easement the following condition,
"32. The grantee shall provide to said officer a survey and legal description for the
additional 1.119 acre utility easement, as outlined in Amendment No. 5 to Easement
No. DACW63-2-81-0675, within 120 days from execution of this supplemental
agreement on behalf of the Government. Following approval, the survey and legal
description will be attached hereto and made a part hereof as Exhibit Al2. The legal
description should not include any more land than is necessary and should tie into a
known U.S. Government monument. Submittals shall conform to the following:
a. Drawings are to be in DGN (Microstation) or SHP (ArcGIS) file format
(preferably both) and georectified in Texas State Plane 4202 North Central, UTM Zone
14 North.
b. Legal descriptions are to be furnished in DOCX (WORD)."
3. Add to the Conditions section of the original easement the following condition:
"33. 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."
4. The Grantee shall pay consideration in advance to the United States the
amount of Two Hundred Sixty Five and No/100 Dollars ($265), in full for the term
hereof, 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
EXCEPT for the revisions above, the terms and conditions of the easement shall
remain unchanged and in full force and effect.
IN WITNESS WHEREOF, I h ve hereunto setsny hind by authority of the
day of
Secretary of the Army, this 3 Ma�eL , 2015.
Lee A. Flannery
Chief, Management and Disposal Branch
Real Estate Contracting Officer
The above ins rument, tone dh all the conditions thereof, is hereby
accepted this ' day of �e '2015.
RoundCity of
Name
Title �( 0
CERTIFICATE OF AUTHORITY
rlk Whl*-, , certify that l am the (A f j 61'644e -
of the City of Round Rock Texas, named as the grantee herein; and that
11AIA kf 6 -W 1jjj , who signed the foregoing instrument on behalf of the
City of Round Rock Texas, was then G�LIaof the City of Round Rock
Texas. 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 Round Rock Texas, in
executing said instrument.
Date x'23' J!S'
AFFIX COMPANY SEAL
IXXNU.�
Authorized Representative
Ci-h-� Gl rt/l�
(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.
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NF_OG_C_1_105-1 05042012 ■
FIELD NOTES FOR A 0.070 ACRE ACCESS EASEMENT
FIELD NOTES describing a 0.070 acre tract of land situated in the Joseph Fish
Survey, Abstract No. 232, Williamson County, Texas, being upon a 249.00 acre,
Tract 105-1, conveyed to The United States of America by Deed recorded in
Volume 550, Page 553, of the Deed Records of said County, being more
particularly described by metes and bounds as follows:
BEGINNING FOR REFERENCE at Government Marker No. 105-1-3, being the Southwest
corner of a 15.85 acre easement. Tract 105-E-1, granted to said United States
of America by Deed recorded in Volume 550..Page 553 of said Deed Records, and
the most southerly corner of said Tract 105-1: also being an angle point in a
portion of the remainder of those certain lands conveyed to D. E. Wood by Deed
recorded in Volume 271, Page 314 of said Deed Records; thence N34016'40"W,
3846.14 feet to a point in the North edge of a paved road, being a point in the
East line of a 5,245 acre easement (TRACT A), granted to the City of Round
Rock, Texas;
THENCE along the North edge of said paved road, being the South line hereof.
N65"05'W, 50.00 feet to a point, being the Southwest comer hereof;
THENCE along the West line hereof, N50022120"E, 125.28 feet to a chain link
fence corner post, being an angle point in said existing easement, being the
most northerly comer hereof;
THENCE along said chain link fence, being a West line of said existing
easement, being an east line hereof. S05000050"W, 35.00 feet to an ell comer
in said existing easement being an ell corner hereof;
THENCE continue along said existing easement, being the East line hereof. the
following two (2) courses:
1) N84"59'lOnW, 15.36 feet to an angle point hereof;
2) S25055'50"41, 75.00 feet to the POINT OF BEGI14NING of the herein described
tract of land containing 0.070 acre or 3028 square feet of land.
I
EXHIBIT A11