CM-2015-666 - 1/30/2015City of Round 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: 1/30/2015
Dept Director: Michael Thane, Director of Utilities and Environmental Services
Cost: $2,325.00
Indexes: Self -Financed Water Construction
Attachments: RevisedAgmt_USACE_CM1.30.15,
LAF_RevisedAg mt_USACE_CM 1.30.15
Department: Utilities and Environmental Services
Text of Legislative File CM -2015.666
In 1981, 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 site for the Electrical
Control Building. This easement has been amended five prior times by Supplemental
Agreement Nos. 1-5.
On October 8, 2011, a 30 year easement the City purchased in 1981 expired. The City
requested renewal of this easement with USACE. The USACE has recommended that we
incorporate the renewal of the easement in the original 50 year easement 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.
Staff recommends approval.
ClyorRamd Rook R.,1 P40W on 1l 015
LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION
Required for Submission of ALL City Council and City Manager Items
Department Name: Utilities a Emimnmantal Services Project Name: Supplemental Agreement to Easement
Project MgdResouree: Michael Thane ContraclorNendor: Departmentonha Army
Council Action:
ORDINANCE RESOLUTION
QCity Manager Approval
Approval
Date
Notes/Comments
0:\wdox\SCClnts10140\1500\MISC\00328026.XLS Updated 6/3108
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
CW -)O)5 — lo(e(v
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 Al 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 Ail. 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, and the following provisions.
b. If a duly authorized representative or 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 have hereunto set my hand by authority of the
Secretary of the Army, this �p day of wIank 2015.
Lee A. Flannery
Chief, Management and Disposal Branch
Real Estate Contracting Officer
The above instrument, togewith all the conditions thereof, is hereby
her
accepted this __day of , 2015.
City of Round Rock
Name IF
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