Grapevine Springs-AG 94092000556
EXHIBIT C
OPEN SPACE USE AGREEMENT
ORDER NO. 94 1519
DATE .SEP 2 0 1994
STATE OF TEXAS
COUNTY OF DALLAS
BE IT REMEMBERED, at a regular meeting of the Commissioners Court of Dallas
County, held on the 20th day of September
Nancy E. Judy, Commissioner of District No. 2
Jim Jackson, Commissioner of District No. 1
following Order was adopted:
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
COURT ORDER
1994, on motion Made by
and seconded by
,the
in 1991, Dallas County received a donation of 15.537 acres of park
land from the Baptist Foundation of Texas; and
this acreage, which has since been named Grapevine Springs Park
Preserve, is located within the City of Coppell; and
the City of Coppell has agreed to maintain this Preserve, in
accordance with the attached use agreement, for a period not to
exceed ninety -nine years; and
such an agreement is consistent with County Park open Space
Policy.
NOW THEREFORE, BE IT ORDERED, ADJUDGED AND DECREED that the Dallas County
Commissioners Court approves the use agreement for Grapevine Springs Park
Preserve with the City of Coppell and authorizes the County Judge to sign
said use agreement.
DONE IN OPEN •URT this the 20th day of
September 1994.
Lee F.
Count is L. #2
ommended by
e is V. Semos
Dist. #3 Commissioner Dist. #4
1G
THE STATE OF TEXAS
COUNTY OF DALLAS
OPEN SPACE USE AGREEMENT
WHEREAS, the City of Coppell and the County of Dallas desire to promote the
preservation of open space areas and natural park lands for the use and benefit
of the public and future generations; and
WHEREAS. the City of Coppell and the County of Dallas desire to allocate
by mutual agreement the responsibilities for governmental functions and services
which are or may become necessary for .the best use of acquired open space areas
in accordance with the Adopted Policy of the Dallas County Park and Open Space
Program. and pursuant to the Texas Interlocal Cooperation Act, Chapter 791,
Government Code; Now Therefore,
W I T N E S S E T H:
This agreement, by and between the County of Dallas, Texas, acting by and
through its Commissioners Court, hereinafter called 'County and the City of
Coppell, Texas, hereinafter called "City and in consideration of One Dollar
($1.00), the receipt of which is hereby acknowledged, and of the mutual covenants
and agreements of the parties hereto to be by them respectively kept and
performed, and hereinafter set forth, shall be as follows:
I.
City agrees to relinquish whatever legal right it may have to the property
described below in Section III.
II.
County and City agree that the land for open space use will be acquired in
fee simple by County and that the County will be responsible for all acquisition
costs, if any occur.
The County and City agree that the 15.537 acres of open space property,
more fully described as Grapevine Springs Park Preserve, which is located at the
end of Park Street, between Bethel Road and the STL &SW Railroad, west of Denton
Tap Road, shall be administered by the City for a period of time not to exceed
ninety -nine (99) years, beginning with the date of execution hereof, subject to
the terms and conditions hereinafter set forth, and which shall be renewable by
mutual consent of both parties. The official property description for this site
is attached to this Use Agreement as Exhibit A.
1
The County and City agree that the City may seek to obtain the park from
the County at a future date in accordance with existing state laws.
V.
V I.
OPEN SPACE USE AGREEMENT
The City aerees to operate this property as a public park that is open and
readily accessible to all users regardless of residence.
The County agrees that the City may develop the property for public outdoor
recreation provided such development is consistent with the park's historical
integrity and the County's Park and Open Space policies and is approved by the
County. Conversion of the property to any use other than for public outdoor
recreation is not permissible.
VII.
The County will conduct a park dedication ceremony and will undertake the
following reclamation activities:
Install two Dallas County Park signs: remove overgrown vegetation from the
park's flumes and trails: remove vegetation that otherwise threatens the park's
architectural structures: install handrails for three sets of rock steps: cap
open wells: construct an erosion control improvement along the creek:. add new
surface material to the trails; and install cable linked bollards on the island
side that borders the erosion control improvement.
The County will also install two pedestrian foot bridges across Grapevine
Creek. Initially. these two bridges will have widths of about 6.5 feet.
However. should sufficient grant funds and donations be obtained, then one or
more of these bridges. if the City so desires. will be replaced with a wider
structure that will accommodate the City's mowing equipment.
The County will also seek to undertake any repair /restoration work to the
park's walls, BBQ pits. flumes. and dam that may be needed once the overgrown
vegetation has been removed. Such repair /restoration work. as well as the
installed bridges and erosion control work, shall be consistent with a work
schedule agreed upon by the County and City.
The County will also improve Park Street. which leads into the park. and
construct an 8 -space parking lot for the park on city right of -way that directly
abuts the park. The City will contribute $1.500 towards the improvement of Park
Street and shall review and approve the plans for the street improvements and the
parking area.
The value of these aforementioned restoration /reclamation activities and
improvements shall be at least $100.000.
VIII.
EX.
OPEN SPACE USE AGREEMENT
Plans for the required erosion control improvement will be developed in•
consultation with the City and must be approved by the City before the
construction of :anv such improvement can begin. The improvement itself must be
'designed to be consistent with the City's storm water management plan and
criteria and be capable of handling ultimate development run -off. and the City
shall formally certify that the improvement has been designed in accordance with
these requirements and thus should not be responsible for exacerbating flooding
downstream.
Once reclaimed. the City agrees to mow the area contained in the original
six -acre WPA park (see Exhibit 8) on a regular basis consistent with that of
other developed parks within the City and to generally maintain this property.
along with the other acreage that composes this entire park preserve. thus
keeping it reasonable free of litter. dumped waste. overgrown vegetation. and
other natural or man -made conditions that would diminish the natural qualities
of the property. threaten its architectural features. or endanger the safety of
the public.
The County. using its Community Service work crews, agrees to assist the
City in mowing the park's island, which is approximately one acre in size. until
one of the initial bridges can be replaced with a wider structure as discussed
in Section VII. In providing this mowing assistance, the County shall mow the
island twice a month during the months of April September.
The City also agrees. once initial installation and /or restoration work has
been completed, to maintain the park's structures. improvements, and facilities
(i.e.. flumes. parking lot. walls, bridges, dam, BBQ pits, etc.). as well as any
other physical features that may be added by the City with the County's approval.
at some later date. In the event of substantial damage caused by an act of God,
the City may ask the County to consider funding some of the repair costs.
X.
The City and the County agree that all restoration, maintenance.
installation, and construction work will be done utilizing material that is
readily available. reasonable in price, and comparable in style with the park's
original materials.
XI.
The City agrees to assist the County in its efforts to raise funds from
governmental entities. private foundations, organizations, corporations, and
individuals for any restoration work that may be needed. The County similarly
agrees to assist the City in obtaining funding for any new capital improvements
that the City may wish to construct. with the County's approval. at the site.
3
XII.
The City agrees to provide normal police and fire protection for the
property at all times and shall take reasonable precautions to guard the property
from abuse through vandalism' or wanton destruction.
XIII.
The City agrees to pay for the performance of governmental functions or
services in connection with the property. excluding emergency assistance from the
County.
XIV.
The City and County shall perform and exercise all rights, duties.
functions and services in compliance with all applicable Federal, State, and
local laws and regulations.
XV.
If the City or County fails to fulfill any condition or term of this
Agreement. then upon ninety (90) dav5 written notice to the City or County, the
City or County may take any corrective action reasonable or necessary to effect
such conditions or terms: for which, the County or City shall bear all costs.
Furthermore. the County may require the City to remove any or all improvements.
fixtures, or other alterations to the property for which the City was responsible
for constructing prior to date of termination. for which the City shall bear all
costs.
XVI.
X VII.
OPEN SPACE USE AGREEMENT
This agreement may be terminated by the mutual consent of both City and
County. Upon termination, the County agrees to provide the City reasonable time
to remove portable equipment or facilities, and the County agrees to purchase all
duly authorized permanent improvements erected by the City on the property at a
price that shall represent the original cost of such improvements minds
depreciation.
The City agrees to save, protect. defend, and hold harmless the County from
any and all suits, claims, or causes of action which may arise out of or in any
manner be connected with the operation of recreation or development programs or
the negligence of City employees, agents, or servants, to the extent provided by
law: provided. however, that this indemnity Agreement does not cover or include:
(a) any liability or obligation of third parties based on any contract
to which the County is not a party: and
(b) any tort claim or liability for which the City would not be liable
if the same were asserted directly against the City.
4
The County agrees to save. defend. protect, and hold harmless the City from
any and all suits, claims, cause of actions, or public liability which may arise
out of County operations of programs, to the extent provided by law: provided.
however. that this indemnity Agreement does not cover or include:
(a) any liability or obligation of third parties based on any contract
to which the County is not a part: and
(b) any tort claim or liability for which the County would not be liable
if the same were asserted directly against the County.
Nothing herein shall be deemed in any manner to constitute a waiver of any
immunity or affirmative defense which may be asserted by the County or the City
pursuant to law. Nor shall this provision be in any manner construed to create
a cause of action for the benefit of any person not a party to this Agreement,
or to create any rights for the benefit of any person not a party to this
Agreement not otherwise existing at law.
This Agreement shall not become effective until it has been approved by the
City Council and the Commissioners Court and signed by both parties.
Signed n ags eed by and between the County and City on this __,„,2,r, 4.— day of
n 4x 1994.
YJ
ATTEST:
Ci v Secretary g C T /A-'&
APPROVED AS TO FORM:
ty Attorney
ATTEST:
awse,
Commissioners Court Clferk
APPROVED AS TO FORM:
Assistant District Attorney
XVIII.
5
Mayor
OPEN SPACE USE AGREEMENT
rt a., opnspuse.agr
TRACT 1
EXHIBIT A
BEING a 6.296 acre tract of land out of the J. A. Simmons
Survey, Abstract NO. 1296 in the City of Coppell in Dallas
County. Texas and being more particularly described as follows:
COMMENCING at a found 1/2 inch iron rod at the intersection of
the south line of Bethel Road (50' R.O.W.) and the east line of
Park Road (50' R.0.W.);
THENCE South 02 degrees 27 minutes 30 seconds West along said
east line of Park Road for 546.07 feet to a found 7/8 inch iron
pipe being the POINT OP BEGINNING;
THENCE South 29 degrees 26 minutes 52 seconds East leaving the
said east line of Park Road for 325.67 feet to a point for
corner;
THENCE South 44 degrees 28 minutes 08 seconds East for 313.99
feet to a point for corner;
THENCE South 39 degrees 59 minutes 55 seconds West for 230.41
feet to a point for corner;
THENCE North 89 degrees 28 minutes 08 seconds West for 463.05
feet to a point for corner;
THENCE North 00 degrees 31 minutes 52 seconds East for 431.01
feet to a point for corner;
THENCE North 30 degrees 31 minutes 52 seconds East for 290.10
feet to a point for corner in the south line of said Park Road;
THENCE South 89 degrees 17 minutes 30 seconds East along said
south line of Park Road for 79.71 feet to the POINT OF BEGINNING
and CONTAINING 274.260 square feet or 6.296 acres of land, more
or less.
TRACT 2
BEING a 6.829 acre tract of land out of the J. A. Simmons
Survey, Abstract No. 1296 in the City of Coppell in Dallas
County. Texas and being more particularly described as follows:
COMMENCING at a found 1/2 inch iron rod at the intersection of
the south line of Bethel Road (50 foot R.O.W.) and the east line
of Park Road (50' P.O.W.);
THENCE South 02 degrees 27 minutes 30 seconds West along the
said east line of Park Road for 546.07 feet to a found 7/8 inch
iron pipe;
THENCE South 29 degrees 26 minutes 52 seconds East leaving the
said east line of Perk Road for 325.67 feet to the POINT OP
BEGINNING;
THENCE North 39 degrees 59 minutes 55 seconds Beet for 178.63
feet to a point for corner;
THENCE North 24 degrees 02 minutes 50 seconds East for 75.00
feet to a point for corner;
THENCE -r 39 degrees 59 minutes 55 sewn East fcr 446 02
feet to point for corner.
THENCE South 87 degrees 20 minutes 24 seconds Eats for 311 11
feet to a point for corner.
THENCE North 20 degrees 53 minutes 37 seconds East for 244 96
feet to a point for corner.
THENCE South 88 degrees 42 minutes 24 seconds East for 238 84
feet to a point for corner.
THENCE South 20 degrees 53 minutes 37 seconds West for 456.12
feet to a point for corner
THENCE North 84 degrees 12 minutes 02 seconds West for 441.33
feet to a point for corner;
THENCE South South 24 degrees 02 minutes 50 seconds West for
345 95 feet to a point for corner;
THENCE South 18 degrees 17 minutes 10 seconds East for 117.82
feet to a point for corner;
THENCE South 39 degrees 59 minutes 55 seconds West for 222.93
feet to a point for corner;
THENCE North 44 degrees 28 minutes 08 seconds West for 313.99
feet to the POINT OP BEGINNING and CONTAINING 297.495 square
feet or 6.829 acres of land, more or less
TRACT 3
BEING a 2.412 acre tract of land out of -the J. A. Simmons
Survey, Abstract No 1296 in the City of Coppell in Dallas
County, Texas and being more particularly described as follows:
COMMENCING at a found 1/2 inch iron rod at the intersection of
'the south line of Bethel Road 150' R.0.W.1 and the east line of
Park Road (50' P.O.W.),
THENCE South 02 degrees 27 minutes 30 seconds West along said
east line of Park Road for 546.07 feet to a found 7/8 inch iron
pipe;
THENCE South 29 degrees 26 minutes 52 seconds East leaving the
said east line of Park Road for 325.67 feet to a point;
THENCE South 44 degrees 28 minutes 08
feet to a point.
THENCE South 39 degrees 59 minutes 55
feet to the POINT OF BEGINNING;
THENCE South 31 degrees 16 minutes 25 seconds East for 440.81
feet to a point for corner in the north line of the Cottonbelt
Railroad (100' R O.W.)
THENCE South 87 degrees 24 minutes 00
north line for 284.94 feet to a point
THENCE North 3 degrees 16 minutes 25
north line for 320.48 feet to a point
THENCE North 07 degrees 06 minutes 00
feet to a point for corner;
THENCE South 89 degrees 28 minutes 08
feet to a point for 'corner;
THENCE North 39 degrees 59 minutes 55 seconds
feet to the POINT OP BEGINNING and CONTAINING
feet or 2.412 acres of land, more or less.
seconds East for 313.99
seconds West for 207.32
seconds West along said
for corner;
seconds West leaving said
for corner;
seconds West for 100,89
seconds Eest for 219.82
East for 23.09
105.046 square
fl
EXHIBIT B
1 E XH 8 T DEMO NG
L E X I S T I N G PARK AREA
1 uxPROVEMENTS
485 sx TOT
fj C.PPEL L. LE xAS 1
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