ST9905-CS080922
(8/21/2009) Keith Marvin - FW: Draft Deed RestrictionPage 1
From:
"Mokry, Loretta" <lmokry@apaienv.com>
To:
<kmarvin@ci.coppell.tx.us>
Date:
9/22/2008 12:04 PM
Subject:
FW: Draft Deed Restriction
Attachments:
sample deed restrict for NWP_Trib G-1 Mit Area.doc; sample deed restrict fo
r NWP.doc
Keith,
Sent the following message previously on 9/10/08 from the hotel where I
was staying that night. It might not have gone through properly. I had
attached both the original generic deed restriction from the USACE and
then one with my suggested text filled into the blanks. I had also back
calculated the numbers of trees and shrubs and determined the spacing
for each I had used. See note below. Let me know if you have any
questions.
Loretta
Loretta Mokry
Alan Plummer Associates, Inc.
10060 N Dowling Rd
College Station, TX 77845
979.694.7619 home office
817.806.1700 Fort Worth Office
817.845.3280 cell
www.apaienv.com <blocked::http://www.apaienv.om/>
_____
From: Mokry, Loretta
Sent: Wednesday, September 10, 2008 7:19 PM
To: 'kmarvin@ci.coppell.tx.us'
Cc: Voight, Jason
Subject: Draft Deed Restriction
Keith,
(8/21/2009) Keith Marvin - FW: Draft Deed RestrictionPage 2
Attached is the USACE's draft deed restriction with the blanks filled in
with what I think are appropriate titles. Have also attached the
original document from the USACE. The deed restriction document really
needs to be processed ASAP as according to the last modification Ken
Laterza did for us, the draft deed restriction was to be submitted to
the USACE for review and approval and then filed with the County Clerk
prior to commencement of any ground-disturbing activity within the
jurisdictional reach of the creek (i.e., the reach north of Bethel
Road). At the present time, the City is out of compliance, but I think
if we can get it to them with the Oct. 1 report there won't be any
comment from the USACE. At the very latest, we need to have the draft
deed restriction to the USACE by the time we submit the addendum report
re: the completion of the plantings.
I was also able to reconstruct my calculations re: the mitigation
plantings. First, the numbers in the text on page 21 that indicated 178
canopy trees and 340 understory trees and shrubs are incorrect. These
were the numbers in the original mitigation plan dated 5/25/2004 when
the channel reach upstream of Bethel Road was still considered
jurisdictional. They somehow got missed when we did all the revisions
through the plan based on the revised jurisdictional review. The
correct numbers are what is shown in the revised tables, 118 canopy
trees and 236 understory trees and shrubs. (If you can't find the copy
of the revised mitigation plan dated February 14, 2005 that I sent
Suzan, let me know and we will get you another copy.) Based on the
engineering design data in the mitigation plan, the channel bottom was
to be 35 foot wide and the top of channel was to be 50 foot wide within
the 60 foot wide right-of-way. That leaves 5 feet on each side of the
channel for the plantings. The additional gabion layer you showed me
may have decreased this. Let me know what you determine after you stake
the boundaries of the right-of-way. There was approximately 830 linear
feet (LF) of non-jurisdictional drainage channel and 350 LF of
jurisdictional tributary channel for a total of 1180 LF. The canopy
trees were to be spaced approximately every 20 feet along each side of
the channel ((1180 x 2)/20) = 118 canopy trees. The understory trees
and shrubs were to be spaced approximately every 10 feet along each side
of the channel ((1180 x 2)/10) = 236). Usually we strive to a random
spacing of trees and shrubs, but within the constraints of the drainage
right-of-way, the canopy trees will need to be evenly spaced so that
they have sufficient room to spread. The understory trees and shrubs
can be more randomly spaced between the canopy trees based on the sizes
of the individual species.
Let me know if you have any further questions.
Loretta Mokry
Alan Plummer Associates, Inc.
(8/21/2009) Keith Marvin - FW: Draft Deed RestrictionPage 3
10060 N Dowling Rd
College Station, TX 77845
979.694.7619 home office
817.806.1700 Fort Worth Office
817.845.3280 cell
www.apaienv.com <blocked::http://www.apaienv.om/>
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NOTICE OF RESTRICTION
STATE OF TEXAS }
KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF }
is the owner of that real property more particularly described and shown in Exhibit
"A" (hereinafter the "Property") attached hereto and made a part hereof. The Property is subject
to special conditions of U. S. Army Corps of Engineers (USACE) Nationwide Permit for
Project Number , dated , or a revision thereof. One of the special conditions of the
referenced permit requires restrictions be placed on the deed for the Property for the purpose of
providing compensation for adverse impacts to waters of the United States. Any purchaser of all
or any part of the Property or any person having an interest in or proposing to acquire an interest
in all or part of the property, or any person proposing to develop or improve all or any part of the
Property, is hereby notified that development restrictions affecting the Property are as follows:
1) The Property, or a portion of the Property, is hereby dedicated in perpetuity as
{insert "a wetland mitigation area" and/or other mitigation area description}
associated with the construction of . The Property shall not be disturbed
except by those USACE-approved activities that would not adversely affect the
intended extent, condition, and function of the mitigation area. Any other change,
modification, or disturbance of the dedicated property shall require prior written
approval by the District Engineer, USACE, Fort Worth District, or his/her duly
authorized representative.
2) This restriction shall not be removed or revised without obtaining a modification of
the aforementioned USACE authorization and/or prior written approval of the
USACE. Permit modifications may be granted only by the USACE.
This notice of restriction does not grant any property rights or exclusive privileges.
EXECUTED THIS day of , 200
BY:
SUBSCRIBED AND SWORN TO BEFORE ME by , on this the day of , 200 ,
to certify which witness my hand and seal of office.
Notary Public in and for the
State of Texas
My commission expires: Printed Name of Notary:
Page 1 of 4
(Acknowledgement)
STATE OF TEXAS }
COUNTY OF __________}
This instrument was acknowledged before me on the day of , 200 by
.
Notary Public, State of Texas
Notary's name (printed):
Notary's Commission Expires:
Page 2 of 4
Exhibit "A"
FIELD NOTES AND MAP FOR
A ACRE TRACT
seal of RPS
Page 3 of 4
Exhibit "B"
MAP FOR
A ACRE TRACT
Page 4 of 4
NOTICE OF RESTRICTION
STATE OF TEXAS}
KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF DALLAS}
The City of Coppell, Texas is the owner of that real property more particularly described and
shown in Exhibit "A" (hereinafter the "Property") attached hereto and made a part hereof. The
Property is subject to special conditions of U. S. Army Corps of Engineers (USACE) Nationwide
Permit 39 for Project Number 200400181, dated May 4, 2005, or a revision thereof. One of the
special conditions of the referenced permit requires restrictions be placed on the deed for the
Property for the purpose of providing compensation for adverse impacts to waters of the United
States. Any purchaser of all or any part of the Property or any person having an interest in or
proposing to acquire an interest in all or part of the property, or any person proposing to develop
or improve all or any part of the Property, is hereby notified that development restrictions
affecting the Property are as follows:
1) The Property, or a portion of the Property, is hereby dedicated in perpetuity as
Tributary G-1 Mitigation Area {insert "a wetland mitigation area" and/or other
mitigation area description} associated with the construction of Modification of
Tributary G-1 in conjunction with the Bethel Road West Project. The Property shall
not be disturbed except by those USACE-approved activities that would not
adversely affect the intended extent, condition, and function of the mitigation area.
Any other change, modification, or disturbance of the dedicated property shall
require prior written approval by the District Engineer, USACE, Fort Worth
District, or his/her duly authorized representative.
2) This restriction shall not be removed or revised without obtaining a modification of
the aforementioned USACE authorization and/or prior written approval of the
USACE. Permit modifications may be granted only by the USACE.
This notice of restriction does not grant any property rights or exclusive privileges.
EXECUTED THIS day of , 200
BY:
SUBSCRIBED AND SWORN TO BEFORE ME by , on this the day of , 200 ,
to certify which witness my hand and seal of office.
Notary Public in and for the
State of Texas
My commission expires: Printed Name of Notary:
Page 1 of 4
(Acknowledgement)
STATE OF TEXAS }
COUNTY OF __________}
This instrument was acknowledged before me on the day of , 200 by
.
Notary Public, State of Texas
Notary's name (printed):
Notary's Commission Expires:
Page 2 of 4
Exhibit "A"
FIELD NOTES AND MAP FOR TRIBUTARY G-1 MITIGATION AREA
A 0.48-ACRE TRACT
seal of RPS
Page 3 of 4
Exhibit "B"
MAP FOR TRIBUTARY G-1 MITIGATION AREA
A 0.48-ACRE TRACT
Page 4 of 4