Res 2269 1/2/1979RESOLUTION NO.
RESOLUTION APPROVING SANITARY SEWER EASEMENT WITH
SHEPPARD AIR FORCE BASE FOR SANITARY SEWER FORCE MAIN
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain Sanitary Sewer Easement, a copy of which is attached
hereto, between the City of Wichita Falls and Sheppard Air Force Base
for a Sanitary Sewer Force Main to be installed on Sheppard Air Force
property is hereby approved, and the City Manager is authorized to execute
same for the City of Wichita Falls.
PASSED AND APPROVED THIS 2ND DAY OF JANUARY, 1979.
MAYOR
ATTEST:
City Clerk
DEPARTMENT OF THE AIR FORCE
EASEMENT FOR RIGHT OF WAY
SEWER (PIPE LINE)
ON SHEPPARD AIR FORCE BASE, TEXAS
THE SECRETARY OF THE AIR FORCE, under and by virtue of the authority vested
in him 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 interest of the UnitedStatesinthepropertyaffectedthereby, hereby grants to the City of Wichita Falls, a
public agency and corporate of the State of Texas
hereinafter designated as the grantee,for a period not exceeding twenty five25 ) years from the date hereof, an easement for a right-of-way for the construction,installation, operation, maintenance and repair of a 8-inch sewer line.
Aver,
across, in and upon land of the United States at the location shown in red on Exhibit
attached hereto and made a part hereof,and more particularly described as follows:
Beginning at the most southerly southwest property corner of Sheppard AirForceBasewhosecoordinatesintheTexasPlaneCoordinateSystem - NorthCentralZonearey (834,436.72) and X (1,694,039.54) ;
Thence North 22°53'13" West 10.91 feet along the West fence
line of Sheppard Air Force Base to the place of beginning
of a centerline of a 20 foot wide sanitary sewer easement:
Thence South 89°16'55" East 831.70 feet;
Thence North 22°50'51" East 270.54 feet;
Thence North 00°88'05" East 340.00 feet;
Thence North 32"53'05" East 484.97 feet;
Thence North 07°45'05" East 307.06 feet;
Thence North 21°16'55" West 115.88 feet to an existing sanitarysewermanhole.
THIS EASEMENT is granted subject to the following conditions:
ii e
ntee.ter
ENS EURM +
1 4 q 1361 a PREVIOUS EDITIONS MAY SE USED. (Ell!40 0-1-8 40) te—rams-6
lrcrcfri r;rar'cd jn'cr erer: ,+•::.''h the use or dZsposal of said land or any part thereof by the
United States, or it may be terminated by the Secretary of the Air Force 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, 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 Air Force 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 expense 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
permission as may be necessary on account of any other existing rights.
15. That the City of Wichita Falls, and its appurtenant areas and
facilities will be operated in a nondiscriminatory manner to the end that no
person shall, on the grounds of race, color, religion, sex, age, or national
origin, be excluded from using the facilities or obtaining the services
provided thereon or otherwise be subjected to discrimination under any program
or activities provided thereon.
16. That the grantee will be required to maintain the easement area
similar to the surrounding terrain and may not construct fences or other
obstructions that will detract from the aesthetic conditions of the surrounding
area or interfere with mowing of the easement area.
17. That the grantee will not at any time overload the base sewage plant
with waste water transported through said line.
18. That the quality of waste water entering the base plant through said
line will be in compliance with the NPDES (National Pollutant Discharge
Elimination System) permit as issued by the Environmental Protection Agency.
19. That this easement is granted subject to the grantee obtaining written
approval for operation of said line from the Environmental Protection Agency.
This easement is not subject to Title 10, United States Code,Section 2662.
IN WITNESS WHEREOF' I have hereunto set my hand by authority of the Secretary of
the Air Force this day of 19
3 10-73039-5 U.S.COVENNNNNY PRISMS OPTICS
L
20. Charges for treatment of waste water at the base treatment plant
will be computed by the Installation Commander and such charges will be
credited by the city on the installation's water bill.
21. That the grantee will continue active negotiations with the base
for connection of the base's sewer to the proposed city's treatment plant.
22. That this easement may be terminated by the Secretary of the Air
Force upon completion of the city's new sewage treatment plant.
Prior to execution of this easement, Condition 1 was deleted, and Conditions
15, 16, 17, 18, 19, 20, 21, and 22 were added."
This easement is also executed by the grantee this day of
19 .
THE CITY OF WICHITA FALLS
BY:
TITLE)
C E R T I F I C A T E
I,certify that
I am the of the municipal
corporation named as grantee herin, that
who signed this easement on behalf of the City of Wichita Falls, Texas,
was then of said municipal corporation;
that said easement was duly signed for and in behalf of the City of
Wichita Falls, Texas, by authority of its governing body and is within
the scope of its corporate powers.
SEAL)
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