CM-10-11-227ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY.
Item Caption:
City Manager Approval Summary Sheet
Consider executing an Easement for Waterline and Facilities right-of-way from the
Department of the Army acknowledging the obligations for the City of Round Rock under
the easement.
Approval Date:
Department: Administration/DSO
Project Manager: Aneil Naik
Item Summary:
This document is an easement modified from our standard boilerplate language to accommodate a public waterline
on the US Armed Forces Center located off of Red Bud Ln.
Strategic Plan Relevance: Maintenance/Infrastructure
Cost:
Source of Funds:
$0
N/A
REV. 6/10/10
RECORDED
DOCUMENT
FOLLOWS
ii iii 1
11111111111111111111111111111111111111111111111ESMT
14 PG5
2010088430
Easement No. DACA63-2-10-0532
DEPARTMENT OF THE ARMY
EASEMENT FOR WATERLINE AND FACILITIES
RIGHTS-OF-WAY
LOCATED ON
ROUND ROCK ARMED FORCES RESERVE CENTER
WILLIAMSON 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
Chief, Real Estate Division, U.S. Army Engineer District, Fort Worth, Texas, 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 the City of Round Rock, 221 E. Main Street, Round Rock, Texas 78664,
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 0.026 -acre easement for the construction, installation,
operation, maintenance, repair, removal, upgrade, and replacement of an underground waterline
and water meter and related facilities, hereinafter collectively referred to as the "Facilities", over,
across, under, in and upon lands of the United States as identified in Exhibits "A" and "B,"
having been determined not to be more land than is necessary for the easement, hereinafter
referred to as the "Premises", and which is attached hereto and made a part hereof;
Make no claim of title during the term of this Easement to any easement Facilities of
whatever nature located, constructed, or placed on the Premises during the term of the Easement
by, or on behalf of, the Grantee; and title to any such Facilities and any addition or alteration to
the Facilities, shall, upon completion thereof, immediately vest in the Grantee. The Facilities
shall remain real property for the duration of this Easement.
THIS EASEMENT is granted subject to the following conditions:
1. TERM
This easement is hereby granted in perpetuity so long as the Grantee remains in
compliance with all substantive conditions of this easement.
011(1 -10-1 I - 2_21
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Easement No. DACA63-2-10-0532
2. CONSIDERATION, MITIGATION, AND DAMAGES
a. The consideration for this easement shall be the construction, operation and
maintenance of the utility for the benefit of the United States and the general public in
accordance with the terms herein set forth.
3. NOTICES
a. All correspondence and notices to be given pursuant to this easement shall be in
writing and addressed, if to the Grantee, to the City Engineer, 2008 Enterprise Drive, Round
Rock, Texas 78664; and if to the Grantor, to the U. S. Army Engineer District, Fort Worth
District, 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. Both Grantor and
Grantee have an obligation to ensure that the other party has their accurate address.
b. 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. AUTHORIZED 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
a. The construction, operation, maintenance, repair or replacement of said Facilities,
including related facilities, culverts and other drainage facilities, and the Premises shall be
performed at no cost or expense to the United States under the general supervision and subject to
the approval of the Grantor's representative 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, subject to
approval of access by said officer.
b. The use and occupation of the Premises incident to the exercise of the privileges and
purposes hereby granted shall be subject to such rules and regulations as the said officer may
from time to time prescribe, provided same shall cause no unreasonable interference with
Grantee's use and enjoyment of the easement.
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Easement No. DACA63-2-10-0532
6. APPLICABLE LAWS AND REGULATIONS
a. The Grantee shall comply with all applicable Federal, state, county and municipal laws,
ordinances and regulations where the premises are located. The Grantee shall be solely
responsible for obtaining at its cost and expense any permits or licenses required for its
operations under this Easement, independent of any existing permits or licenses held by the
Grantor.
b. The Grantee shall promptly report to the Grantor any incident for which the Grantee is
required to notify a Federal, State or local regulatory agency or any citation by Federal, State or
local regulatory agency of non-compliance with any applicable law, ordinance or regulation.
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 Grantor.
8. INSPECTION AND REPAIRS
a. Upon completion of any activity on the easement which causes damage to the
Premises, the Grantee shall restore said damage promptly, at the Grantee's own expense, to the
same condition which existed prior to the commencement of such work.
b. The Grantee shall supervise the said Premises and Facilities and cause it to be
inspected at reasonable intervals, and shall promptly repair any defects or leaks found by such
inspection, or when reasonably requested to do so by the Grantor.
9. PROTECTION OF GOVERNMENT PROPERTY
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
incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by
the Grantee to a satisfactory condition.
10. RIGHT TO ENTER
a. The right is reserved to the Grantor, 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, 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.
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Easement No. DACA63-2-10-0532
b. If the entry will involve removal of timber or other material, or heavy equipment, the
Grantor will provide reasonable notice to Grantee of any such entry or use so that Grantee may
take any necessary measures to assure the safety of its pipeline and any personnel of the United
States working in proximity to such pipeline. Grantee will ensure that Grantor has emergency
contact information.
11. TRANSFERS AND ASSIGNMENTS
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 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, 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 in advance in writing with the
Grantee, and easements will not be granted which will interfere with the use of the premises by
the Grantee.
14. OTHER AGENCY AGREEMENTS
It is understood that the provisions of this easement shall not abrogate or interfere with
any agreements or commitments made or entered into between the Grantee and any other agency
of the United States with regard to financial aid to the Grantee in connection with the installation,
construction, operations, maintenance, or repair of the facilities herein authorized.
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 at the sole cost and expense of the United States. In the event said
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Easement No. DACA63-2-10-0532
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 United States.
16. TERMINATION
This easement may be terminated by the Grantor upon 90 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, in which case the United States shall pay for all
costs and expenses incurred by Grantee pursuant to removal of its facilities, or it may be revoked
by the Grantor for failure of the Grantee to remain in compliance with all substantive conditions
of this easement, or for non-use for a period of two (2) continuous years, or for abandonment.
17. SOIL AND WATER CONSERVATION
The Grantee shall satisfactorily maintain, 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 not of a
minor or insignificant nature or amount occurring outside the premises resulting from the
activities of the Grantee shall be corrected by the Grantee.
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 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 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, interstate, 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.
d. The Grantee shall have the right to trim and cut trees and shrubbery on the easement to
the extent necessary to prevent possible interference with the operation of the facilities or to
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Easement No. DACA63-2-10-0532
remove a possible hazard thereto, after coordination with said officer, with Grantee's entry onto
the premises of Grantor being authorized in writing.
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 shall not further disturb the site and the material until said officer gives
clearance to proceed.
20. 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. 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 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
Upon termination of this easement in accordance with Section 16 herein, the Grantee
shall promptly, without expense to the United States, restore the premises in accordance with and
to the standard delineated in Section 8a and Section 9 herein. In the event the Grantee shall fail
to restore the premises as required, said improvements shall become the property of the United
States without compensation therefor.
21. 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) 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.
THIS EASEMENT is not subject to Title 10, United States Code, Section 2662, as
amended.
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Easement No. DACA63-2-10-0532
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Easement No. DACA63-2-10-0532
IN WITNESS WHEREOF, I have hereunto set my hand by authority
of the Secretary Army, this 7 day of A </r-, , 2010.
. HEA
Chi: .' Real Estate
U.S. Army Engineer District,
Fort Worth District
THIS EASEMENT is also executed by the Grantee this 12* day of NI01)M', 2010.
CITY OF ROUND ROCK
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Easement No. DACA63-2-10-0532
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF TARRANT
PERSONALLY APPEARED BEFORE ME, the undersigned authority in and for said
County and State, within my jurisdiction, the within named Hyla J. Head, who acknowledged
that she is the Chief of Real Estate Division, U.S. Army Engineer District, Fort Worth District,
and that in said capacity she executed the above and foregoing Easement for Waterline and
Water Meters by authority of the Secretary of the Army for the purposes therein expressed and
as the act and deed of the United States of America.
2010.
GIVEN UNDER MY HAND AND SEAL, this 71-71L day of 66-t e- re,
(SEAL)
MICHAEL J. FRAKES
F�= Notary Public, State of Texas
i ,'.• 'Sc My Commission Expires
July 30, 2013
My Commission Expires:
3j_Z 3
�.
9
NOTARY P BLIC
Easement No. DACA63-2-10-0532
CITY CERTIFICATE
1, M 1/Vv4 , certify that I am the (Cf-fli ��� � ) of City
of Round Rock, that SPS-- g-. t'1L ?, . , who signed the foregoing instrument on
behalf of the City was then C1 14vt,� fj f the City. I further certify that the said officer was
acting within the scope of powers delegated to this officer by the governing body of the Grantee
in executing said instrument.
Date (t.(2 •(D
cyA44,1- tathe
City Secretary (or Appropriate Officer)
City Secretary or
Appropriate Officer
(AFFIX SEAL)
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Easement No. DACA63-2-10-0532
ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF IM ii l i CinisoN
PERSONALLY APPEARED BEFORE ME, the undersigned authority in and for the
county and state, on this 1 2. day of Movervij € , 2010 , within my jurisdiction,
the within namedc James p, gust, who acknowledged that (he/she) is of the
City of Round Rock, and that for and on behalf of the City, and as its act d deed s executed
the above and foregoing instrument after having been duly authorized by the City so to do.
(SEAL)
�i111/N/
eo? ssi.6e rt MEAGAN M. SPINKS
es. Notary Public, State of Texas
= My Commission Expires
FIZ,1 September 09, 2014
My Commission Expires:
11
m LU -an
NOTAR PUBLI
dPRC—Round Rock, Texas
0.026 -ACRES
TRACT A
METES AND ROUNDS DESCRIPTION
FOR A 0.026 -ACRE TRACT OF LAND SITUATED IN THE ROBERT
McNUTT SURVEY, ABSTRACT NO. 422 IN WILLIAMSON COUNTY,
TEXAS, AND BEING A PORTION OF A CALLED 17.141 -ACRE TRACT AS
DESCRIBED IN THAT DEED TO THE UNITED STATES OF s RICA.
DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF:ENGII 'EERS FORT
WORTH DISTRICT AND RECORDED IN DOCUMENT NO.
F
THE OFFICIAL PUBLIC RECORDS OF SAID TY (O2P.RW.C.913434 O)
SAID 0.026 -ACRE TRACT IS MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
BEGINNING ata U.S. Army C.O.E. monument stamped AFRC No. 2 for the northwest corner
of said 17.141 acre tract, same being a southwest corner of the remainder
tract of land described as Tract 3 in that deed to Beverly Johnson .Go�n red inn 106.6-acre
No. 9835986 of the Official Public Records of said cowity, coonb
eing,on the east tof-way line of
N. Red Bud Lane, County Road 122 (100 -foot wide publicf ght-oway),�for-the northwest
corner and POINT OF BEGINNING hereof;
THENCE with the north line of said 17.141 -acre tract, same being a south Iine of said
106.6 -acre tract, N 87° 28' 53" E for a distance of 38.00feet to the northeast corner. Hereof from
which a U. S. Army C.O.E. monument stamped AFRC No. 5 for the northeast comer of said
17.141 -acre tract bears N 87° 28' 53" E at a distance of 1281.87 feet;
THENCE over and across the interior of said 17.141 -acre tract, .the following. two (2) courses
and distances:
1) S 02° 31' 07" E for a distance of 30.00 feet to the southeast corner hereof and
EXHIBIT 'A'
AFRC — Round Rock, Texas
0.026 -ACRES
2) S 87° 28' 53" W for a distance of 36.95 feet to a point on the west line of said 17.141 -acre
tract, same being the east right-of-way line of said N. Red Bud Lane, for the southwest
corner hereof, from which a U.S. Army C.O.E. monument stamped AFRC No. 1 found for
the southwest corner of said 17.141 -acre tract bears S 04° 30' 55" E at a distance of
540.33 feet;
THENCE with the east right-of-way line of said N. Red Bud Lane, same being the west line of
said 17.141 -acre tract, N 04° 30' 55" W for a distance of 30.02 feet to the POINT OF
BEGINNING and containing 0.026 -acres of land.
Bearings described herein are based on the NAD -83, HARN 93, Texas State Plane Coordinate
System, Central Zone No. 4203.
Surveyed under the direct supervision of the undersigned during May, 2010.
Asi7/w4 5'1/7°1
William A. Forshey
Texas Registered Professional Land Surveyor No. 5097
Baker-Aicklen & Associates, Inc.
405 Brushy Creek Road
Cedar Park, Texas 78613
(512) 260-3700
lob No.: 1909-3-0(11-10
Filename: W:1PROJECTS\RR ARMY RESERVE CENIER'.EASEMENTS%DOCtRR AFRC ON-SITE WTR ESMT-2010.DOC
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N. RED BUD LANE
COUNTY ROAD 122
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SKETCH TO ACCOMPANY DESCRIPTION
FILED AND RECORDED
OFFICIAL PUBLIC RECORDS 2010088430
E.w..
12/29/2010 04:34 PM
CPHELPS $68.00
NANCY E. RISTER, COUNTY CLERK
WILLIAMSON COUNTY, TEXAS
01-05-11A10:59 RCVD
SHEETS & CROSSFIELD
309 EAST MAIN ST
ROUND ROCK, TX 78664