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Home My WebLink AboutItem 08 - Big Bear Creek ITEM # 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) 4 x r ;a This deed restriction is the last step required of the City to conform to the Corp's 404 permit requirements on the creek 23/17 project. Staff recommends approval. JSL/jdr a O:\AGENDA\2004\11-16-04\deed restriction for Creek 23-17.doc J� November 5,2004(3:08PM) It( CY) U o� (LU AMH 31tl1S) W W 3AV 31tr1 / ! 02 W t w p { m.. RE lilt i L.J Ltd PR FFH1 , tj 41 �_. s _ 'zj �..."'� "�' r•fi t '� s k. L iTi , f I `3 \ I s DEED RESTRICTIONS FOR WETLAND AND RIPARIAN AREA 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: SEE EXHIBITS "A"AND "B" 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. GRANTOR: Signature Signature Printed Name 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 day of A.D. 2004. SEAL Notary Signature 0AFORMSWT EAS.doc Page 2 of 2 x j i GRANTEE: CITY OF GRAPEVINE By: 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 ,i 0AFORMS\UT_EAS.doc Page 3 of 2 EXHIBIT "A" LEGAL DESCRIPTION BEING 2.940 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 1/2" iron rod set, within said 14 . 931. acre tract, located S 810 51, 46" 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 Volume 388 11, Page 11 of the Plat Records of Tarrant County, Texas; THENCE N 090 55' 58" E 47 .07 feet, to a 1/2" iron rod set; THENCE N 790 52 ' 55" E 98 . 98 feet, to a 1/2" iron rod set; THENCE S 330 52 ' 06" E 135.72 feet., to a 1/2" iron rod set; THENCE S 790 51 ' 39" E 80. 30 feet, to a 1/2" iron rod set; THENCE S 000 23 ' 41" E 41 . 16 feet, to a 1/2" iron rod set; THENCE S 510 03 ' 29" W 35 . 19 feet, to a 1/2" iron rod set; THENCE S 490 50 ' 22" W 136 . 60 feet, to a 1/2" iron rod set; THENCE S 580 06' 32" W 144 . 81 feet, to a 1/2" iron rod set; THENCE S 540 48 ' 00" W 48.26 feet, to a 1/2" iron rod set; THENCE N 580 35' 46" W 349 .27 feet, to a 1/2" iron rod set; THENCE NORTH 121 .72 feet, to a 1/2" iron rod set; THENCE S 880 48 ' 08" E 277 .29 feet, to a 1/2" iron rod set; THENCE N 690 03 ' 24" E 58 . 37 feet, to THE PLACE OF BEGINNING containing 2 . 940 acres of land. t Bxrr LAW x CAsTrro� EXHIBIT "B" '"'"' LOT 41. BLOCK 3 TIMBERLINE SOUTH VOL 388-196. PG. 98 P.R.T.C.T. LOT 25 , BLOCK 1 CREEKWOOD ESTATES VOL. 388-111, PG. 11. P.R.T.C.T. N�q•52'55..E"� S 81.51'46"E 88 88• 31.59• J SOUTHEAST CORNER OF N 09.55'56"E JG: L e i s 47.07' ,`? S 68.48.08"E 277.29' POINT OF ? P� N aa• BEGINNING S 79.51.3,9,.E e0.30' o n 2.940 ACRES z w 41.18' DEED RESTRICTED S 51.03. 91W WETLAND AND RIPARIAN 35.19' M1ry AREA PRESERVE 5"96 M Se�J*s•k. � ob�ry CITY OF GRAPEVIVE VOL 10634, PG. 2177 O� P.R.T.C.T. S 54.46'00"W 9 as.zs• moo. Z 0 x SCALE 1 100' (DOC) \SU\GRAPVINE\DSDEEDR2\DESDEEDR2\