HomeMy WebLinkAboutItem 08 - Big Bear CreekITEM #
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER
MEETING DATE: NOVEMBER 16, 2004
SUBJECT: DEED RESTRICTION — WETLAND AND RIPARIAN AREA
PRESERVE — DOWNSTREAM END OF CREEK 23 AT BIG
BEAR CREEK
RECOMMENDATION:
City Council consider approving the establishment of a Wetland and Riparian Area
Preserve by deed restriction on City property at the downstream end of Creek 23 at Big
Bear Creek and take any action
BACKGROUND:
Approval of the Creek 23/17 construction project by the U. S. Army Corps of Engineers
included the authorization of a permit under Section 404 of the Clean Water Act. To
offset the impacts of the concrete channel construction, this permit required that two
wetland areas at the upstream and downstream limits of the Creek 23 project be "deed
restricted" in perpetuity. These deed restrictions establish both areas as wetland and
riparian area preserves and limit the activities that can occur within the designated
areas.
The upsteam wetland area is on Grapevine Colleyville Independent School District
(GCISD) property. The school board has approved the deed restriction on this area.
The downstream wetland area yet to be deed restricted is on property owned by the City
of Grapevine, within a floodplain storage and detention area near the confluence of
Creek 23 and Big Bear Creek. This area is completely within the 100 -year floodplain.
Restrictions that apply to this area will include:
1. any tree removal or minor grading changes must be done by hand
2. no mechanized heavy equipment is allowed in the area
3. no mowing can occur within the area other than to provide a fire break and
pest control around the perimeter of the area immediately adjacent to
residential properties.
November 9, 2004 (2:32PM)
`j This deed restriction is the last step required of the City to conform to the Corp's 404
Yt ;sig'
permit requirements on the creek 23/17 project.
Staff recommends approval.
JSL/jdr
O:\AGENDA\2004\11-16-04\deed restriction for Creek 23-17.doc
November 5, 2004 (3:08PM)
DEED RESTRICTIONS FOR WETLAND. PRESERVE
STATE OF TEXAS §
KNOWN ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
THAT WE, the City of Grapevine (COG), do hereby ESTABLISH IN PERPETUITY for the
Public and the City of Grapevine, Texas, its successors and assigns, a "Wetland and
Riparian Area Preserve", under and across land described as follows:
The "Wetland and Riparian Area Preserve" described on the attached Exhibits "A" and "B"
is an approximately 2.94 acre tract being a part of a certain tract of land located in the
J.S. Byrd Syrvey, Abstract No. 207, conveyed to the City of Grapevine by the deed
recorded in Volume 10634, Page 2177, Deed Records of Tarrant County, State of Texas.
The preserve is located near the confluence of Big Bear Creek and Creek 23 (Tributary
BB -5). The City of Grapevine does hereby establish in perpetuity the said approximately
2.94 acre tract as a wetland and riparian area preserve, thus protecting it from future
disturbance that would affect the intended extent and quality of the aquatic and riparian
ecosystem.
The City of Grapevine, Texas shall insure that the preserve will not be disturbed except
by those activities that would not adversely affect the intended extent, condition and
function of the mitigation area. The primary purpose of this area is as a basin for flood
detention. The City of Grapevine's intent is to preserve it as a herbaceous wetland.
Trees may be removed by hand using chainsaws and similar equipment. Mechanized
clearing using bulldozers and other heavy equipment will not be allowed. The City will
continue to maintain the slopes above the deed restriction boundary by periodic mowing
in order to serve as a fire break and to protect nearby residences from rodent infestation.
The deed restricted area will be permanently staked and marked as a non -mow area.
The said City of Grapevine, Texas, its successors and assigns shall hold the premises,
together with the right and privilege, at any and all times to enter said premises or any
part thereof, for the purpose of constructing, reconstructing, and perpetually maintaining
said "Wetland and Riparian Area Preserve"; all upon the condition that the City of
Grapevine, Texas, will at all times, after entering upon said premises and/or doing any
work in connection with the construction, reconstruction, or repair of said preserve,
restore said premises to a like condition in which same were found before such entry
and/or work was undertaken and that said tract will not be used by said City of Grapevine,
Texas, for any other purpose under this dedication, except herein provided.
O:\FORMS\UT_EAS.doc Page 1 of 2
WITNESS OUR HANDS THIS , day of
2004.
Signature
Printed Name
Signature
Printed Name
Title Title
STATE OF TEXAS
COUNTY OF TARRANT §
BEFORE ME on this day personally
appeared known to me (or proved to me on the
oath of or through (description of
identity card or other document) to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed.
Given under my hand and seal of office this
A.D. 2004.
SEAL
day of
Notary Signature
0AFORMSWT—EAS.doc Page 2 of 2
CITY OF GRAPEVINE
0
Roger Nelson, City Manager
By:
Linda Huff, City Secretary
STATE OF TEXAS
COUNTY OF TARRANT §
BEFORE ME on this day personally
appeared known to me (or proved to me on the
oath of or through (description of
identity card or other document) to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed.
Given under my hand and seal of office this day of
A.D. 2004.
SEAL
Notary Signature
0AFORMUT—EAS.doc Page 3 of 2
EXHIBIT "A"
LEGAL DESCRIPTION
BEING 2.040 acres of land located in the J. S. BYRD SURVEY, Abstract No.
207, Grapevine, Tarrant County, Texas, and crossing the 14.931 acre Tract
of land conveyed to the City of Grapevine by the deed recorded in Volume
10634, Page 2177 of the Deed Records of Tarrant County, Texas. Said
2.940 acres being more particularly described by metes and bounds, as
follows:
BEGINNING at a 1/211 iron rod set, within said 14.931. acre tract, located
S 810
51,
4611
E __31.59
feet,
from the
Southeast corner
of Lot 25,
Block
1,
Creekwood Estates,
an
addition to the
City
of
Grapevine,
Tarrant County,
Texas according to the plat recorded,
in
V61ume 38-8-
11,
Page
11 of
the Plat
Records
of
Tarrant
County,
Texas;
THENCE
N
090
551
5811
E
47.07
feet,
to
a 1/21'
iron
rod
set,;
THENCE
N
790
521
55"
E
98.98
feet,
to
a 1/21,
iron
rod
set;
THENCE
S
330
521
06"
E
135.72
feet-,
to
a 1/211
iron
rod
set;
THENCE
S
790
511
3911
E
80.30
feet,
to
a 1/2"
iron
rod
set;
THENCE
S
000
231
4111
E
41.16
feet,
to
a 1/211
iron
rod
set;
THENCE
S
510
031
2911
W
35.19
feet,
to
a 1/21'
iron
rod
set;
THENCE
S
490
501
2211
W
136.60
feet,
to
a 11/21'
iron
rod
set;
THENCE
S
580
061
3211
W
144.81
feet,
to
a 1/21'
iron
rod
set;
THENCE
S
540
481
0011
W
48.26
feet,
to
a 1/211
iron
rod
set;
THENCE
N
580
351
4611
W
349.27
feet,
to
a 1/211
iron
rod
set;
THENCE
NORTH
121.72
feet,
to
a 1/211
iron
rod
set;
THENCE
S
880
481
08"
E
277.29
feet,
to
a 1/2"
iron
rod
set;
THENCE N 690 031 24" E 58.37 feet, to THE PLACE OF BEGINNING
containing 2.940 acres of land.
LOT 25 , BLOCK 1
CREEKWOOD ESTATES
VOL. 388-111, PG. 11. P.R.T.C.T.
(j Taxi LAW x CRslrro>
,rom„m wm"
LOT 41, BLOCK 3
TIMBERLINE SOUTH
VOL. 388-196. PG. 98
P.R.T.C.T.
N-�q•52'55 IC=
88.98'
s
N 09.55'58"E JG:
47.07' ,`r`?
1 �P.
N o�603 POINT OF
BEGINNING
2.940 ACRES
DEED RESTRICTED
WETLAND AND RIPARIAN
AREA PRESERVE
CITY OF GRAPEVINE
VOL 10634, PG. 2177
P.R.T.C.T.
2
0
x
SCALE 1 " = 100'
80.30•
4'A
`L
41.16'
(DOC)\SU\GRAPVINE\DSDEEDR2\DESDEEDR2\