Conservation Easement Agreement - Recorded2021 - 202100194995 06130/2021 11:57AM Page I of 60
THE STATE OF TEXAS §
§ KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF DALLAS §
This Conservation Easement Agreement (this "Agreement") is executed as oL;LqJwo,;t)g1
(the "Effective Date"), by and between Blackberry Farm Homeowners Association, Inc. ("Grantor"), and
Mitieation Futures Conservggc I
y ("Grantee').
A. Grantor is the record owner of fee simple title to certain parcels of real properlm
consisting of 12.083 acres located and situated in Dallas County, Texas and more particularly describ
in &hibit "A" legal description of the "Property") attached hereto and made a part hereof The Propel
is also referenced in Project No. SWF-2013-00090 dated A
2618 is
•i i
(a) a governmental body empowered to hold an interest in real property under the laws of
this State or the United States; or
(b) a charitable, not-for-profit or educational corporation, association, or trust, qualified
under Section 501(c)(3) and Section 170(h) of the Internal Revenue Code of 1986, as amended, the
purposes or powers of which include one or more of the Purposes described in Recital D. elow.
C. The preservation of the Property is a condition of approval from the City of Coppell in
association with the Department of the Army Section 404/10 Project Number SWF-2013-00090
authorization dated ADril 8. 2020, or a revision thereof (the "Permit"), attached hereto as Exhibit "B"
requires certain restrictions to be placed on the Property to provide environmental, bank stabilization,
and floodplain protections associated with the Blackben Farm development along Denton Creek. It is
the intent of this Agreement and the Conservation Easement granted herein to assure that the Property
will be retained and maintained forever in the vegetative and hydrologic condition described as
ecologically stable condition documented in the Baseline Environmental Study and Bank Erosion
Hazard Index (BEHI) attached hereto as Exhibit "C". Any activities that impact Denton Creek,
not included in U.S. Army Section 404/10 approval that may be conducted on the Property and that
will affect the vegetative and hydrologic conditions outlined in the Baseline Environmental
Study, must be approved in writing by the United States Army Corps of Engineers (the "USACE"),
Fort Worth District, Regulatory Branch, prior to initiation. The Conservation Easement granted by this
Agreement is created pursuant to the Texas Uniform Conservation Easement Act of 1983 contained in
Chapter 183 of the Texas Natural Resources Code.
D. WHEREAS, the purpose of the Conservation Easement includes but is not limited to one
or more oft e following (the "Pq �oses"):
(a) retaining or protecting natural, scenic, or open -space aspects of the Property;
(b) ensuring the availability of the Property for recreational, educational, or open -space use;
(c) protecting natural resources;
(d) maintaining or enhancing air and water quality;
(3 OCT 2017)
2021 - 202100/94995 06130/2021 11.57AM Page 2 of 60
(e) To serve as a mitigation area or mitigation bank pursuant to the regulation and guidelines
of the United States Environmental Protection Agency (EPA) and the USACE
promulgated under authority of Section 404 of the Clean Water Act (33 USC § 1344,
et seq.) and Section 10 of the Rivers and Harbors Act of 1899 (33 USC § 403, et seq.).
Any uses of the Property that may impair or interfere with these Purposes of the
Conservation Easement are expressly prohibited.
E. The preservation of the Property is a condition of approval by the City of Coppell,
required to mitigate for unavoidable adverse impacts to waters of the United States, environmental
impacts to upland properties, and to floodplain impacts to Denton Creek. Grantor and Grantee agree that
third -party rights of enforcement shall be held by the USACE, Fort Worth District, and any . successor
agencies, andthat such rights
addition ♦ and ii not limit, the rights of enforcement under the
F. The following Exhibits are attached to this Conservation Easement and incorporated y
Terence:
Exhibit Legal Description of the Property
Exhibit .. Army Corps of Engineers Permit
Exhibit C Baseline Documentation Report
Exhibit D City of Co ell Tree Preservation Ordinance
agreementsNOW THEREFORE, for good and valuable consideration paid by Grantee, the receipt and legal
sufficiency of which re hereby acknowledged by Grantor, and in consideration of the covenants, mutual
♦conditionsri `{ Grantor has BARGAINED, GRANTED,
SOLD, CONVEYED, ASSIGNED, SET OVER and DELIVERED, and by these presents does
TRANSFER, i Y► 1 GRANT,
ASSIGN, r and DELIVER, to
Grantee
a conservation easement on, over, under, across, along and through the Property on the terms set forth
herein, to23ether with all other rights reasonab]VA necessary or desirable to accomplish the objectives of the
Mitigation i Plan
t ♦ ♦ 'rightsgranted underAgreement .."Conservation
♦"`i Easement"), subject to
the followingterms, reservations,covenants,• and . ♦
D111:ation ilf Eascmcn . The Conservation. . be perpetual.
Conservation Easement is an easement in gross, runs with the land, and is enforceable
by Grantee against
Grantor, and Grantor's successors,agents,
2. P[oljCrly Descriptign. In addition to the metes and bounds legal description of the
Property set forth in Exhibit "All—and incorporated herein by reference for all purposes are metes and
bounds surveys of the Property by a Texas Registered Professional Land Surveyor. In connection with the
application for the Permit, Grantor has previously provided to the USACE a copy of a waters of the
United States, including wetlands, survey map which delineates all waters of the United States, including
Denton Creek, within the Property. In addition i the waters of . United States survey, Grantorhas also
provided photographsof the Property.
2 (3 OCT 2017)
2021 - 202100194995 06130/2021 11:57AM Page 3 of 60
ITU W A
set forth in this paragraph is also prohibited.
(3 OCT 2017)
2021 - 202100194995 06130/2021 11:57AM Page 4 of 60
(d) Subdivision: The Property may not be further divided, subdivided, or partitioned.
(e)
•••• .•I There shall be no change in the topography of the Property except as
expressly provided in the approved City grading plans and verified through "as built" plans. There shall
be no surface mining, filling, excavating, grading, dredging, mining or drilling upon the Property, and
there shall be no removing of topsoil, peat, sand, gravel, rock, minerals or other materials from the
Property except to restore natural topography or drainage patterns.
(f) Soil or Water Dggradation: There shall be no use of, or the conducting of any activity on,
the Property that causes or is likely to cause soil degradation, erosion, depletion or pollution of, or
siltation on, any surface or subsurface waters of the Property, and there shall be Do change to the surface
or subsurface hydrology of the Property in any manner. There shall be no diking, draining, dredging,
channeling, filling, leveling, pumping, impounding, or related activities, or altering or tampering with
water control structures or devices, or disruption or alteration of the restored, enhanced, or created
drainage patterns. In addition, diverting or causing or permitting the diversion of surface or underground
water into, within or out of the Property by any means, removal of wetlands, polluting or discharging into
waters, springs, seeps, or wetlands, or use of pesticide or biocides is prohibited. It is understood that with
respect to the prohibited activities set forth in this 5ection 4W, Grantor may not and will not engage in
any such prohibited activities on the Property or on any other real property owned by Grantor and
adjacent to the Property (the "� �r�tor �Land").
(g) Construction: There shall be no constructing or placing of any building, mobile home,
asphalt or concrete pavement, billboard or other advertising display, antenna, utility pole, tower, conduit,
line, pier, landing, dock, or any other temporary or permanent structure or facility or any other man-made
structures on the Property except in connection with the repair, maintenance, or replacement (but not
expansion) of any structures and other improvements located on the Property as of the Effective Date of
this Agreement. Grantor shall have the right to maintain, renovate, and repair existing buildings,
structures, fences, pens, wells, dams and reservoirs, utilities, soft -surface roads, and other improvements,
and in the event of their destruction, to reconstruct any such existing improvement with another of similar
size, function, capacity, location, and material.
(h) Roads: There shall be no construction of roads, trails, or walkways on the Property; nor
-2115WA
other rights -of- way on the Property, other than those approved by the City of Coppell, as of the date of
this instrument An exhibit of all approved trails, both improved and unimproved, is included as part of
Exhibit "A". Maintenance of existing roads shall be limited to removal of dead vegetation, necessary
pruning or removal of obstructing trees and plants, and/or application of permeable materials (e.g., sand,
gravel, and crushed stone) as necessary to correct or prevent erosion.
(i) Waters: There shall be no polluting, altering, manipulating, depleting or extracting of
surface or subsurface water (including, but not limited to, ponds, creeks or other water courses) or any
other water bodies on the Property, and there shall be no conducting or (to the extent in Grantor's control)
allowing any entity or person to conduct activities on the Property that would be detrimental to water
purity or that alter the natural water level or flow in or over the Property (including, but not limited to,
damming, dredging or construction in any free flowing water body, nor any manipulation or alteration of
natural water courses, fresh water lake and pond shores, marshes or other water bodies). It is understood
that with respect to the prohibited activities set forth in this Section 40i , Grantor may not and will not
engage in any such prohibited activities on the Property.
0) Vehicles: Use of vehicles shall be limited to access to the site for monitoring, maintenance,
and/or fire protection/emergency action. Off road vehicular access is expressly prohibited.
(k) Easements: There shall be no granting or conveying of any new easements on, over,
4 QT 2017)
C I
2021 - 202100194995 06130/2021 11:57AM Page 5 of 60
under, across, along or through the Property, including, but not limited to, access easements and utility
easements; provided, however, that pursuant to the Conservation Easement and to access the Property
to take such actions which are consistent with the Conservation Easement and the Permit, Grantee
and the USACE have the right of pedestrian and vehicular ingress and egress to and from the
Property.
(1) Mineral Extraction. There shall be no exploration, development, production, extraction,
or transportation of oil, gas or other mineral substances (whether such other mineral substances be part of
the mineral estate or part of the surface estate) on, from, or across the Property ("Mineral Activities")
except in accordance with this Section; provided, however, that this Section does not apply to water,
which is addressed elsewhere in this Conservation Easement.
(a) No Surface Mining. Landowner shall not conduct surface mining by any surface
mining methods, including, without limitation, the mining of gravel, sand or caliche.
N No Surface Use. Landowner has the associated rights and retains its interests, if any, in
all oil, gas and other mineral substances (whether such other mineral substances be part of
the mineral estate or part of the surface estate) in and under the Property; provided,
however, it is understood and agreed by Landowner, Holder, and Third -Party
Beneficiaries that, in conducting any Mineral Activities on the Property, Landowner shall
not use or occupy any portion of the surface estate of the Property and shall not place any
facilities, fixtures, equipment, building, structures, pipelines, rights of way or personal
property of any kind or nature whatsoever on the surface of the Property or in the
subsurface within the depth interval of 1,000 feet below the surface of the Property or on
or in any portion thereof. Landowner agrees that any and all Mineral Activities shall be
conducted by directional or horizontal drilling below said subsurface interval from a
surface location off the Property, and Landowner hereby waives any rights whatsoever to
the use of the surface and said subsurface interval of the Property in connection with any
Mineral Activities on the Property. Notwithstanding anything above to the contrary,
Landowner shall not be prohibited from conducting exploratory activities that are non-
invasive, do not otherwise damage or negatively impact the watersheds or aquifer, and do
not significantly impair or interfere with the Conservation Values. To the extent
Landowner elects to explore for or extract or exploit any oil, gas or other minerals in or
under the Property from a surface location off the Property, Landowner shall use
reasonable efforts to minimize any damage or other negative impact on the watersheds or
aquifer underlying the Property by such activity.
Holder and Third -Party Beneficiaries must be given written notice of any actual or proposed Mineral
Activities that Landowner intends to conduct or authorize at least forty-five (45) days prior to Landowner
entering into any contract with or lease to any third party for mineral exploration, and, if no such contract
or lease, prior to Landowner beginning any work. In addition to the above surface waiver requirements,
_VT•: • rrior to entering into ann contract or lease :W"i rior to be ork if there is no
contract or lease), consult with Holder and Third -Party Beneficiaries and make reasonable efforts to
incorporate conditions or restrictions as Holder and Third -Party Beneficiaries may reasonably determine
are required in order to prevent a significant impairment or interference with the Conservation Values of
the Property. Holder and Third -Party Beneficiaries reserve the right to attend and participate in all
meetings, negotiations or discussions regarding activities associated with the exploration for, extraction
of, or translocation of any actual or proposed Mineral Activities to protect their interest in the
Conservation Easement.
Any and all mineral contracts, mineral conveyances, and mineral leases subsequent to the date of this
Agreement to which Landowner is a party shall be bound by the provisions hereof.
�,� OL 2017)
2021 - 202100194995 06130/2021 11:57AM Page 6 of 60
(c) Third -Party Minerals. All or part of the oil, gas or other mineral substances (whether such
other mineral substances be part of the mineral estate or part of the surface estate) are
owned by third parties as of the date of the grant of this Conservation Easement. The
following provisions shall apply to such third party oil, gas and other mineral substances
to the extent this Conservation Easement is deemed subordinated (by law or otherwise) to
such oil, gas and other mineral substances ownership rights and in such event, only to the
extent that Landowner has the legal right to comply with these provisions:
D Holder and Third -Party Beneficiaries recognize that Landowner may not
receive notice of Third -Party Mineral Activities proposed to occur on the
Property. Landowner shall promptly notify Holder and Third -Party
Beneficiaries upon receiving written notice or such other notice that Landowner
reasonably believes to be objectively credible of any Third -Party Mineral
Activities proposed to occur on the Property by any such third parties (or their
lessees).
ii) Whenever such Third -Party Owners are required by applicable law or pursuant to
any existing or future contract, conveyance or lease to obtain any consent from
Landowner with respect to any access to, operation on, physical alteration of, or
improvement to the Property, Landowner shall, prior to giving any such consent
notify and consult with Holder and Third- Party Beneficiaries and shall
incorporate the conditions or restrictions set forth in section 23(b) on such
consent to the extent allowed by law. In instances where the Landowner does not
have the unilateral right to impose the conditions and restrictions set forth in
section 23(b), the Landowner will use reasonable efforts to negotiate protection
of the Conservation Values by Third -Party Mineral Owners.
iii) In the event Landowner at any time becomes the owner of any of such Third -
Party Ownership rights, then such rights shall be deemed immediately subject
to this Conservation Easement (including without limitation, paragraphs (a) and
(b) of this Section), and any and all subsequent Mineral Activities, contracts,
conveyances and leases of or relating to such ownership rights shall be bound
by the provisions of this Conservation Easement.
(in) Signage: Construction or placement of any signs, billboards, or other advertising displays
on the Property is not permitted, except that signs whose placement, number, and design do not
significantly diminish the scenic character of the Property may be placed to state the name and address of
the Property and the names of persons living on the Property, to advertise or regulate pennitted on-site
activities, to advertise the Property for sale or rent, to post the Property to control unauthorized entry or
use, or to identify the property as being protected by this Conservation Easement.
(n) Development Rights: No development rights that have been encumbered or extinguished
by this Agreement or the Conservation Easement granted herein shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or otherwise.
6W(3 2017)
2021 - 202100194995 06130/2021 11:57AM Page 7 of 60
(o) Hunting: Grantor and Grantor's lessees and guests may conduct hunting, fishing or
trapping activities in accordance with appropriate federal, state and local laws and restrictions that
conform to terms of this Conservation Easement and the Permit. Grantor may expressly construct hunting
blinds, the size, design, location, and number of which shall be subject to Grantee's prior written
approval. No non-native animal species may be introduced to the Property.
(p) Dumping: There shall be no dumping or storing of any material, such as trash, wastes,
ashes, sewage, garbage, scrap material, sediment discharges, oil and petroleum by-products, leached
compounds, toxic materials or fumes, or any "hazardous substances" (as hereinafter defined). For the
purposes of this paragraph, the phrase "hazardous substances" shall be defined as in the federal
Comprehensive Environmental Response, Compensation and Liability Act (42 USC 9601 et seq.) and/or
a substance whose manufacture, processing, distribution in commerce, use, possession, or disposal is
banned, prohibited, or limited pursuant to the federal Toxic Substances Control Act (15 USC 2601 et
seq.).
(q) Other Prohibitions: Any other use of, or activity on, the Property which is or may become
inconsistent with the purposes of the Conservation Easement granted herein, the preservation of the
Property in its natural condition, or the protection of its environmental systems, 'is prohibited.
5. Highla Reserved to Grantor. The Grantor expressly reserves for itself, its successors
and assigns, the right of access to and the right of continued use of the Property for all purposes not
inconsistent with this Agreement and the Conservation Easement granted herein, including, but not
limited to, the right to quiet enjoyment of the Property, the rights of ingress and egress with respect to the
Property, the right to fence the Property and to prohibit public access thereto, and the right to sell,
transfer, gift or otherwise convey the Property, in whole or in part, provided such sale, transfer, or gift
conveyance is subject to the terms of, and shall specifically reference, the Conservation Easement.
Except as may be expressly provided otherwise in this Agreement, neither this Agreement nor the
Conservation Easement granted herein in any way limits, restricts or in any way affects any property of
Grantor other than the Property, including without limitation, any property adjacent to, surrounding or
near the Property. The rights conveyed by this Agreement and the Conservation Easement granted herein
do not constitute a conveyance of a fee interest in the Property, nor of any of the mineral rights therein
and thereunder. The rights retained by Grantor as set forth in this Section 5 are referred to hereinafter as
the "Reserved Rights".
6. Grantee or its authorized representatives, successors, and assigns,
and the USACE, shall have the right to enter the Property at all reasonable times for the purpose of
inspecting the Property to determine if the Grantor or any of its successors and assigns is complying with
the terms, conditions, restrictions, and Purposes of the Conservation Easement. The easement rights
granted herein do not include any public access rights. Grantee shall indemnify, defend and hold
harmless Grantor and its affiliates, partners, members, directors, officers, employees, agents and
contractors and the heirs, personal representatives, successors and assigns of each of them from and
against any and all liability, loss, cost or damage arising out of or in connection with Grantee's exercise of
its rights under the Conservation Easement. Nothing construed herein shall constitute an agreement by
USACE to indemnify, defend or hold harmless either Party, or any of the above -listed parties, from and
against any liability, loss, cost or damage.
7. T lens and Taxes. Grantor shall keep the Property free of any and all liens, including,
without limitation, liens arising out of any work performed for, materials furnished to, or obligations
incurred by Grantor. Grantor shall pay before delinquency all taxes, assessments, fees, and charges of
whatever description levied on or assessed against the Property by competent authority, and shall upon
written request by Grantee furnish Grantee with satisfactory evidence of pa
7 (3 OCT 2017)
2021 - 202100194995 06130/2021 11:57AM Page 8 of 60
8. Enforcement. In the event of a breach of this Agreement by Grantor, the Grantee, any
third party or any third party working for or under the direction of Grantor or the Grantee, the Parties and
the USACE shall be notified immediately. If USACE becomes aware of a breach of this Agreement,
USACE will notify the Grantee and Grantor of the breach.
Grantor shall have thirty (30) days after receipt of such notice to undertake actions that are reasonably
calculated to correct the conditions constituting the breach. If the conditions constituting the breach are
corrected in a timely and reasonable manner, no further action shall be warranted or authorized. If the
conditions constituting the breach are such that more than thirty (30) days are required to cure the breach,
Grantor shall not be in default hereunder if Grantor undertakes the cure of such breach during the thirty
(30) day period following notice of the breach and diligently pursues the cure of the breach to completion.
If Grantor fails to initiate such corrective action within thirty (30) days or fails to complete the necessary
corrective action, the Grantee may enforce the Conservation Easement by appropriate legal proceedings,
including an action for damages, injunctive and other relief. Notwithstanding the foregoing, the Grantee
reserves the immediate right, without notice, to obtain a temporary restraining order, injunctive relief or
other appropriate relief if the breach of any provision of the Conservation Easement is materially
impairing or would irreversibly or otherwise materially impair the benefits to be derived from the
Conservation Easement. Grantor and the Grantee acknowledge that under such circumstances, damage to
the Grantee would be irreparable and remedies at law will be inadequate. The rights and remedies of the
Grantee provided hereunder shall be in addition to, and. not in lieu of, all other rights and remedies
available to Grantee in connection with the Conservation Easement. The costs of a breach of this
Agreement and the costs of any correction or restoration, including the Grantee's expenses, court costs
and attorney's fees, shall be paid by Grantor. The USACE shall have the same right to enforce the terms
and conditions of the Conservation Easement as the Grantee.
Any forbearance or failure on the part of the Grantee or the USACE to exercise its rights in the event of a
violation shall not be deemed or construed to be a waiver of either Grantee's or the USACE's rights
hereunder. Nor shall forbearance or failure to enforce any covenant or provision hereof shall discharge or
invalidate such covenant or provision or any other covenant, condition, or provision hereof or affect the
right to the Grantee and the USACE to enforce the same in the event of a subsequent breach or default.
Nothing contained in this Agreement or the Conservation Easement granted herein shall be construed to
entitle the Grantee to bring any action against Grantor for any injury to or change in the Property, or for
any violation of any covenant or provision of this Agreement, resulting from any prudent action taken in
good faith by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to life,
damage to property or harm to the Property resulting from any of such causes.
9. DMMJLQj1. The burdens of this Agreement and the Conservation Easement shall run with
the Property and shall be enforceable against Grantor and all future interests in and to the Property in
perpetuity. Grantor agrees that the future transfer or conveyance of any interest in or to the Property shall
at all times be subject and subordinate to the terms, conditions, restrictions and purposes of the
Conservation Easement and a reference to this Agreement shall be included in each instrument of transfer
or conveyance of any interest in or to the Property from and after the Effective Date; provided, however,
that nothing in this Agreement shall be construed to in any way limit Grantee's ability to freely sell,
convey, assign, or otherwise transfer the property interest and rights, or any portions thereof, granted by
this Agreement to any other person or entity.
(3 OCT 2017)
2021 - 202100194995 06130/2021 11:57AM Page 9 of 60
10.
- - -- ------
�ut will" Iwo Eel rw&W0 0 1
To Grantor: Blackberry Farm Homeowners Association, Inc.
225 East State Highway 121, Suite 120
Coppell, Texas 75019
To Grantee: Mitigation Futures Conservancy
610 Elm Street Ste 300
McKinney, Texas 75069
To the USACE: Regulatory Branch Fort Worth District
U.S. Army Corps of Engineers
P. O. Box 17300
Fort Worth, Texas 76102
(b) Severability'. In the event any provision of this Agreement is determined by the
appropriate court to be void and unenforceable, all remaining terms shall remain valid and binding.
(c) Agrecment Binding. The terms, covenants, and conditions of this Agreement shall be
binding upon and shall inure to the benefit of Grantor, Grantee and their respective executors,
administrators, heirs, legal representatives, successors and assigns. Notwithstanding the foregoing,
Grantee may not assign (i) this Agreement, or (ii) any rights or interests in this Agreement, without the
prior written approval of Grantor and the USACE.
(d) Warranty. Grantor warrants, covenants, and represents that it owns the Property in fee
simple, and that Grantor either owns all interests in the Property which may be impaired by the granting
of the Conservation Easement or that there are no outstanding mortgages, tax liens, encumbrances, or
other interests in the Property which have not been expressly subordinated to the Conservation Easement.
Grantor further warrants that Grantee shall have the use of and shall enjoy all the benefits derived from
and arising out of the Conservation Easement, and that Grantor will warrant and defend title to the
Property against all persons claiming by, through or under Grantor, but not otherwise.
(e) Subsequent Transfers. Grantor agrees to incorporate the terms of this Agreement and the
Conservation Easement in any deed or other legal instrument that transfers any interest in all or any
portion of the Property. Grantor agrees to provide written notice of such transfer at least thirty (30) days
prior to the date of the transfer. Grantor and Grantee agree that the terms of the Conservation Easement
shall survive any merger of the fee and easement interests in the Property or any portion thereof and shall
not be amended, modified or terminated without the prior written consent and approval of the USACE.
(3 OCT 2017)
2021 - 202100194995 06/30/2021 11-57AM Page 10 of 60
(f) Assi nment or Transfer. The parties recognize and agree that the benefits of the
Conservation Easement are in gross and assignable by the Grantee; provided, however, that the Grantee
hereby covenants and agrees, that in the event it transfers or assigns the Conservation Easement, the
organization receiving the interest will be a qualified holder under applicable state and federal law. The
Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the
transferee or assignee will be required to continue in perpetuity the conservation purposes described in
this Agreement.
(g) Obligations of Ownership. Grantee shall not be responsible for any costs or liability of
any kind related to the ownership, operation, insurance, upkeep, or maintenance of the Property, except as
expressly provided herein. Nothing herein shall relieve the Grantor of the obligation to comply with any
federal, state, or local laws, regulations and permits that may apply to the Property in connection with the
exercise by Grantor of the Reserved Rights.
(h) ExtiMuishment. In the event that changed conditions render impossible the continued
use of the Property for the conservation purposes as contemplated by this Agreement, the Conservation
Easement may only be extinguished, in whole or in part, by judicial proceeding in any court of competent
jurisdiction.
(i) Eminent Domain. Whenever all or any part of the Property is taken in the exercise of
eminent domain so as to substantially abrogate the restrictions imposed by this Agreement and the
Conservation Easement, Grantor and Grantee shall join in appropriate actions at the time of such taking to
recover the full value of the taking, and all incidental and direct damages due to the taking.
0) Proceeds. The Conservation Easement constitutes a real property interest immediately
vested in Grantee. In the event that all or a portion of the Property is sold, exchanged, or involuntarily
converted following an extinguishment of all or any portion of the Conservation Easement, or following
the exercise of eminent domain, Grantee shall be entitled to the fair market value of the Conservation
Easement. The parties stipulate that the fair market value of the Conservation Easement shall be
determined by multiplying the fair market value of the Property unencumbered by the Conservation
Easement (minus any increase in value after the Effective attributable to improvements) by the ratio of the
value of the Conservation Easement as of the Effective Date to the value of the Property (without
deduction for the value of the Conservation Easement) at the time of this grant. The values as of the
Effective Date and as referenced in this Section 9(l be the values used, or which would have been
used, to calculate a deduction for federal income tax purposes, pursuant to Section 170(h) of the Internal
Revenue Code of 1986, as amended (whether eligible or ineligible for such a deduction). Grantee shall
use its share of any proceeds in a manner consistent with the purposes of the Conservation Easement.
Nothing herein shall constitute a grant of real property or proceeds to the USACE.
(k) Failure of Grantee. If at any time Grantee is unable or fails to enforce the Conservation
Easement, or if Grantee ceases to be a qualified grantee, and if within a reasonable period of time after the
occurrence of any of such events, Grantee fails to make an assignment of its interest pursuant to the
Conservation Easement, then Grantee's interest shall become vested in another qualified grantee in
accordance with and as provided by an appropriate and final, non -appealable proceeding in a court of
competent jurisdiction.
94K__1
A 0
10 (3 OCT 2017)
2021 - 202100194995 06/30/2021 11-57AM Page 11 of 60
(1)
• This Agreement and the Conservation Easement granted herein may be
amended, but • in a writing signed by the Parties hereto; provided, • that such amendment
•• not affect the qualification • the Conservation Easement ♦ the status • the Grantee • any
applicable laws, is consistent with the conservation purposes • this Agreement and the Conservation
Easement granted herein, and a• not • with the Project No. SWF-2013-00090. Notice • such
• shall r• provided to the USACE.
TO HAVE AND TO HOLD the Conservation Easement for the purposes herein described,
subject, however, to the matters herein set forth and to all matters of record with respect to the Property,
unto Grantee, its successors and assigns, forever; and Grantor does hereby bind itself, its successors and
assigns to warrant and defend the Conservation Easement and the rights granted herein, unto Grantee, its
successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any
part thereof by, through or under Grantor, but not otherwise.
11 (3 OCT 2017)
2021 - 202100194995 06/30/2021 11-57AM Page 12 of 60
Title: r//?
Signature:
Mitigation Futures Conservancy
12 (3 OCT 2017)
2021 - 202100194995 06/30/2021 11-57AM Page 13 of 60
STATE OF TEXAS §
COUNTY Of ( I §§
This ins ent was acknowled fore eon204) by
Wit j on behalf of
LYNN SLOOPE
31y PubliC, State Of Tex8s
Lxpirps 05-08-2025
11ctary 10 11697657
STATE OF TEXAS §
COUNTY OF §
4A�
20 by
Name: tl�u�
Notaxy Public, State of Texas
Ifv cowiff, * . I il-az-29
IN
M� M
2021 - 202100194995 06/30/2021 11-57AM Page 14 of 60
EXHIBIT A to
Conservation Easement Agreement
LEGAL DESCRIPTION
BLACKBERRY FARMS ADDITION
TRACT I — CONSERVATION EASEMENT 1.224 ACR
EDWARD COOK SURVEY, ABSTRACT NO. 300 1
in Tne toward (.Ook Survey, Abstract r1o. 300, City of Coppell,
WL d
Dallas County, Texas, and being a part of Lot 6X, Blackberry Farms, Phase 1, an addition to the City of
Coppell, Dallas County, Texas, according to the plat of record in Instrument No. 202100188194, of the
Off i c i a I P u b I i r- R-PTnutq—nJJI-3JAs-CPLLX-tK-T-P-X 2-C, 2 A] 11 4,2 -n'f—:'-q'FNeVC44* the
Farms Homeowners Association, Incjh-A deed of record in Instrument No.
tract being more particularly described as follows:
BEGINNING at a ooint for corner it 6ie jnvAeast IiTP tf ? tr!;,rt -if I.? -vi ra-Evown4 ta, Trpin�,i�
11011
Tianaconveyeatotneucallas un Club, by deed ot record in Volume 79215,
Page 1409, of said Deed Records and the northerly northwest corner of said Lot 6X;
THENCE North 89 degrees 36 minutes 19 seconds East, along the common line between the said Lot 6X
and the s
36 minutes 19 seconds West, a distance of 1,233.20 feet from a 1iron rod found at the northeast
corner of Lot 7X of said Blackberry Farms, Phase 1;
THENCE South 36 deffrees
-..•, .4
_M * _ _J3 ,, .
6X and the 328.7 acre tract, a distance of 68.02 feet to an angle point;
THENCE South 22 degrees 52 minzA420_�:
of a non -tangent curve to the right;
THENCE along said non -tangent curve to the right having a central angle of 29 degrees 28 minutes 43
seco, 'ees 2.4 rninyt6s
36 seconds East, 85.88 feet) to a point at the end of said curve;
THENCE South 55 degrees 59 minutes 17 seconds West, a distance of 24.29 feet to an angle point;
THENCE South 00 degrees 25 minutes 16 seconds East, a distance of 61.11 feet to an angle point;
THENCE South 22 degrees 12 minutes 47 seconds West, a distance of 12.17 feet to an angle point;
THENCE South 43 degrees 44 minutes 59 seconds West, a distance of 46.97 feet to an angle point;
THENCE North 76 degrees 22 minutes 55 seconds West, a distance of 60.94 feet to a point for corner;
THENCE South 13 degrees 37 minutes 05 seconds West, a distance of 20.00 feet to a point for comer;
THENCE South 76 degrees 22 minutes 05 seconds East, a distance of 52.57 feet to an angle point;
THENCE South 09 degrees 43 minutes 37 seconds East, a distance of 28.63 feet to an angle point;
THENCE South 27 degrees 03 minutes 01 seconds West, a distance of 45.08 feet to an angle point;
THENCE South 52 degrees 15 minutes 37 seconds West, a distance of 63.98 feet to an angle point;
•
2021 - 202100194995 06/30/2021 11-57AM Page 15 of 60
cru ee to a point Tor corner at
the beginning of a non -tangent curve to the right;
THENCE along said non -tangent curve to the right having a central angle of 38 degrees 32 minutes 14
seconds, a radius of 176.46 feet, and an arc length of 118.69 feet (chord bears North 05 degrees 12
minutes 14 seconds West, 116.46 feet) to a point at the end of said curve;
THENCE South 78 degrees 59 minutes 54 seconds East, a distance of 51.88 feet to a point for corner;
THENCE North 11 degrees 00 minutes 06 seconds East, a distance of 20.00 feet to a point for corner;
THENCE North 79 degrees 01 minutes 49 seconds West, a distance of 52.79 feet to a point for corner;
THENCE North 04 degrees 45 minutes 30 seconds East, a distance of 26.87 feet to an angle point;
THENCE North 33 de i rees 33 minutes 02 seconds East, a distance of 146.16 feet to a noift for_r_,#x-FP_W . VU
according to the %lat thereof recorded in Volume 94057, Page
THENCE South 88 degrees 46 minutes 02 seconds East alon said common line between Lot 25. Block -n
%Awswl I I I
ICCL 1Jdbb1F1K Me bolineasT corner REHM Lot Z5, 61ock D and the
southwest 24
said Triland Investment Grout tract and the said 46.20
M7
6X;
TYVICE V*x% 25 1egrees 37 mixutes 12 sec*x1s West, C*M�AyiA&A*Ag-tr�e
the Triland Investment Group tract and Lot 6X, a distance of 202.03 feet to the POINT -OF -BEGINNING,
containing 53,313 square feet or 1.224 acres of land.
Bearings for this description cited are based on Grid North State Plane Coordinate System, Texas North
Central Zone 4202, North American Datum of 1983. Adjustment Realization (CORS 96).
An exhibit of even date accompanies this description.
Date: June 25, 2021
QF
L. LY D CK
L. Lynn Radleck
Registered Professional Land Surveyor
Texas Registration No. 3952
2021 - 202100194995 06130/2021 11-57AM Page 16 of 60
Call 48 Hours before digging
0 2020 Westwood Professional Services, Inc.
811 or call811.com
- _ _.
anmon noun lance
Line Table
0' 100'
A
200'
Line # Length Direction
_
�® 328.7 AC.
DALLAS GUN CLUB
L1 84.33' N89°36'19E
;P.- G VOL 79215, PG. 14.09 D.R.D.C.T.
a 123320' S8936'19'W
a
CITY OFCARROLLTON
j, C 'P® 112F1R
68.02' 5363535'E
z1 7.�Go 1 CITYLIITLINE
t (C M.)
!_ \
L4 28.07' 522 5232'E
�O<P�r� \ CITY OFCOPP£LL
s
LS 24.29' 555'59'17'W
A ds
O FO2�v, 46.071 Ac.
24�
z
L6 61.11' 60025°16°E
� DENTON CREEK LAND CO., LTD.
2003133, PG. 1569
��a
[? M
17 12.17' 522 °1247'WVOL.
�D.R.D.C.T.
a®
Q6
u
L8 46.97' S434459"W
v � o
a
20'ACCESS & FLooD e i
PLAIN EASEMENT I m r"0 i1
RDti 1 EDWACOOK SURVEY
v _
t O as q
L9 60.91' N76 2255"W
a
VOL. 94057, PG. 602 25 q YJ `
D.RD•CT. ( ABSTRACT NO. 300
pL
v
10 20.00' S13 3705"W
ecaCxL) ®'
LII 52.57' S76 22 55"E
31.59,
SWCWD
28.63° 509 4337°E
L13 45.08' S27°03 01 "W
TRACT 1
75 I
b
v FUTURE
L14 6398' 552'05'37W
j Am
BLACKBERRY FARMS
PHASE 2
T", IFUTURE
LIS 111.62' 557°06'03"W
BLACKBERRY FARMS
1
L16 51.88' S7859'54'E
;PHASE
~
L17 2000' N11'00106"E
L18 52.79' N78 59°54'W
-4 53 313 SF L 12'
L1.9 2684' N04°453o E
1 224 AC �^� J��®4�'�
L20 14616° N33'33 a2'£
m
4�0.
L21 72.93' 588 4602"E
3 ^ y1® h®
L22 202.03' N25°3712'°W
J
Curve Table
Curve #
Length
Radius
Delta
Chord 8eadng
Chord Length
C1
8584'
168.78'
029°2843"
S22'2436"E
85.88'
CI
118.69°
176.46'
03832'14"
N5'1274'W
116.46'
1
NOTES:
1. BEARINGS FOR THIS DESCRIPTION
CITED ARE LEGEND
L. LY NN KADLECK
BASED ON GRID NORTH
..... ....................F..
STATE PLANE COORDINATE SYSTEM,
TEXAS NORTH CENTRAL ZONE 4202, FIR FOUND IRON ROD
3
®+
®®��t" ® Z
NORTH AMERICAN DATUM OF 1983. R.O.W. RIGHT-OF-WAY
ADJUSTMENT REALIZATION (CORSDEED RECORDS, DALLAS
96). D.R.D.C.T. COUNTY, TEXAS
2. A LEGAL DESCRIPTION OF EVEN
OFFICIAL PUBLIC RECORDS,
SURVEY DATE HEREWITH O.P.R.D.C.T, DAL COUNTY, TE XAS
<
ACCOMPANIES THIS PLAT OF SURVEY.
(C..) CONTROLLING MONUMENT
b,
LL
VOL., PG. VOLUME, PAGE
-
a
RESIGNED, LLK
CHECKED: UK P.O.B. POINT OF BEGINNING L. LYNN KADLECK
- Lu
06/25/21 v
DRAWN: ,0/r, 5' SIDEWALK : REGISTERED
PROFESSIONAL LAND SURVEYOR NO. 3952
m
Westvmmd
TRACT 1
SHEET NUMBER:
BLACKBERRY
CONSERVATION
FARMS ADDITION
Phone (214)4784840 2740 Dallas Parkway, Suite 280
EASEMENT
OF
TOWNS (888)937.6160 Pbn% X7509$ EDWARD COOK SURVEY
CITY OF COPPELI, TEXAS
ABSTRACT O.
300
T8PE IRM REGISTRATION NO, F-11756
TBPL$ FIRM REGISTRATION NO. 1074301
' DATE: 06/25/21
PROJECT NUMBER: 0008335.00
2021 - 202100194995 06/30/2021 11-57AM Page 17 of 60
LEGAL DESCRIPTION
BLACKBERRY FARMS ADDITION
&"-Alk
�:l N *0141;Wt Ij U"A 0',01" 2 0 [*JW I$ T it;
BEING a 0.654 acre tract of land situated in the Edward Cook Survey, Abstract No. 300, City of
Coppell, Dallas County, Texas, and being a part of Lot 7X, Blackberry Farms, Phase 1, an addition
to the City of Coppell, Dallas County, Texas, according to the plat of record in Instrument No.
202100188194, of the Official Public Records of Dallas
of land conveyed to the Blackberry Farms Homeowners Association, Inc, by deed of record in
Instrument No. 202100188193 and 202100188194, of said Official Public Records; said 0.654 acre
tract being more particularly described as follows:
conveyed to the Dallas Gun Club, by deed of record in Volume 79215, Page 1409, of said Deed
Records, at the northeast corner of said Lot 7X, and the northwest corner of a 24.153 acre tract
of land conveyed to the City of Carrollton, by deed of record in Volume 91226, Page 332, of said
Deed Records; said point being North 89 degrees 36 minutes 19 seconds East, a distance of
1,317.53 feet from the northwest corner of Lot 6X of said Blackberry Farms, Phase 1 and the
southwest corner of said 328.7 acre tract;
THENCE South 61 degrees 58 minutes 42 seconds West, over and across said Lot 7X, a distance
of 1,062.75 feet to the POINT -OF -BEGINNING;
THENCE South 38 cleees 51 minutes 07 seconds West. ovAr amie.r4• / orw*tat wAK.2rhiw
of 168.22 feet to a point for corner;
THENCE North 69 de-grees 01
THENCE North 80 degrees 12 minutes 56 seconds West, a distance of 114.67 feet to a point for
corner;
TH EN CE N orth 25 degrees 57 m I n utes 3 1 seconds Eaq,,a—d- ksW&P�_ - JUJ&q&wp .24.2 Nga�s Ailw_;
THENCE North 13 degrees 05 minutes 19 seconds East, over and across said Denton Creek, a
distance of 65.28 feet to a point at the beginning of a non -tangent curve to the right;
TM&MCF�?J a--_ ... tM4g-MA2t)k��2-sem-r-2! ?;-& If
58 seconds, a radius of 162.52 feet, and an arc length of 21.41 feet (chord bears North 47 degrees
00 minutes 22 seconds East, 21.40 feet) to a point at the end of said curve;
THENCE North 47 degrees 25 minutes 43 seconds East, a distance of 21.14 feet to a point for
corner;
THENCE North 43 degrees 58 minutes 34 seconds East, a distance of 13.39 feet to a point for
corner;
07MUM
2021 - 202100194995 06/30/2021 11-57AM Page 18 of 60
THENCE South 85 degrees 58 minutes 00 seconds East, a distance of 65.89 feet to a point for
•
71795
BEGINNING, containing 28,470 square feet or 0.654 acres of land.
a
L. Lynn Kadleck
IIIMFMMMMs • •
2021 - 202100194995 06/30/2021 11-57AM Page 19 of 60
Cell 48 Hours before digging:
'eVe-V VVWbLwuuu moyessionai Jervices, inc. is vi or came i.com
1Sr—OU—nTAM"anm
0
328.7 AC,
DALLAS GUN CLUB
VOL 79215, PG. 1409 D.R,D.C.T.
P.O.C. 112FIR
p6 Ga (C M.)
L I
LOT 7X z
BLACKBERRY '0
FARM PHASE 1 —
q
46.671 AC. INST. NO. ';C
, :,j
DENTON CREEK LAND CO., LTD. 202100152331
-,
.0 d
VOL. 2003133, PG. 1569, D.FLD.C.T. O.P.R.D.C.T, ; ��! -e
0
10
L12
TRACT2
N LOT7X
BLACKBERRY CONSERVATION
FARM PHASE 1, EASEMENT
INST. NO,
0. 100,
200'
(0 202100152331 28,470 SF +,-N ' -
ti rv. O.P.R.D.C.T. 0.654 -AC 0
DErr) -'Q 00,9jf 4, T Line Table Line Table ,
IIYpMF
0 ft, Line Length Direction Line # Length Direction
7vr ALN
Ve 41- zy 131753' S89 36'19"W
L7 6528' N13105197
0t?R "OT'V6' 1,? 1062.75' 561*5842"W LO 21.14' IV471251431E
�?z Qj" T
00 16822' 538*5i'07"W L9 13.39' N435834"E
CALLED 8.052 ACRES BLACKBERRY FARM, 04, L3
LTD. INST. NO. 2012055T7546O.P.PD.C.T.
I L4 4732' N69*01'57"W L10 65.89' S855800"E
j, L5 114.67' N80'12'56"W L11 77.331 57912004'E
36.51' N25°57'31 "IF L12
Lfi —5412' :56:6°422 E
Curve Table
Curve # Length Radius Delta Chard Bearing Chord Length
LEGEND
ICY 21.41 ° 162-52- 007-3258" N47 -00'22-E 21.40'
FIR FOUND IRON ROD
R.O.W. RIGHT-OF-WAY NOTES,
D.R.D.C.T. DEED RECORDS, DALLAS 1. BEARINGS FOR THIS DESCRIPTION CITED ARE
COUNTY, TEXAS BASED ON GRID NORTH STATE PLANE
O.P.R.D.C.T, OFFICIAL PUBLIC RECORDS, COORDINATE SYSTEM, TEXAS NORTH CENTRAL
DALLAS COUNTY, TEXAS ZONE 4202, NORTH AMERICAN DATUM OF 1983.
ADJUSTMENT REALIZATION (CORS 96).
(C.M.) CONTROLLING MONUMENT 2. A LEGAL DESCRIPTION OF EVEN SURVEY DATE
VOL., PG. VOLUME, PAGE HEREWITH ACCOMPANIES THIS PLAT OF SURVEY,
P.O.B. POINT OF BEGINNING/ ....... ......
P.O.C. POINT OF COMMENCING L. LYNN KADLECK
20'TIL .®v ...............
RA
3952, '-w
:952
5' SIDEWALK Pftj®4 We
BLACKBERRY
W&Avvood_
FARMS ADDITION
Phone (214)473-4840 2740 Dallas Parkway. Suite 280
Toll Free (888)9875150 PlanoTX75M
CITY OF COPPELL, TEXAS
WNW-Ddp—
Walsimmod ftfmbml Sovk% km
TBPE FIRM REGISTRATION NO. F-11756
TRPILS FIRM REGISTRATION NO. 10074301
2021 - 202100194995 06/30/2021 11-57AM Page 20 of 60
LEGAL DESCRIPTION
BLACKBERRY FARMS ADDITION
kJ M—"I, = A
Texas, and being a part of Lot 7X, Blackberry Farms, Phase 1, an addition to the City of Coppell, Dallas County, Texas,
according to the plat of record in Instrument No. 202100188194, of the Official Public Records of Dallas County, Texas,
Instrument No. 202100188193 and 202100188194, of said Official Public Records; said 0.798 acre tract being more
particularly described as follows:
COMMENCING at a 1/2" iron rod found for corner in the south line of a 328.7 acre tract of land conveyed to the Dallas
Gun Club, by deed of record in Volume 79215, Page 1409, of said Deed Records, at the northeast corner of said Lot 7X,
and the northwest corner of a 24.153 acre tract of land conveyed to the City of Carrollton, by deed of record in Volume
91226, Page 332, of said Deed Records; said point being North 89 degrees 36 minutes 19 seconds East, a distance of
1,317.53 feet from the northwest corner of Lot 6X of said Blackbzir�-
328.7 acre tract;
THENCE South 61 degrees 05 minutes 38 seconds West, a distance of 1,049.90 feet to the POINT -OF -BEGINNING;
THENCE South 66 degrees 42 minutes 23 seconds East, a distance of 13.35 feet to an angle point;
THENCE South 51 degrees 05 minutes 53 seconds East, a distance of 153.86 feet to an angle point;
THENCE South 59 degrees 51 minutes 07 seconds East, a distance of 39.97 feet to a point for corner;
THENCE South 30 dep.,rrees 31 minutes 08 seconds West; over and
for corner;
THENCE North 45 degrees 35 minutes 20 seconds West, a distance of 53.11 feet to an angle point;
THENCE North 42 degrees 04 minutes 49 seconds West, a distance of 66.91 feet to an angle point;
THENCE North 54 degrees 19 minutes 42 seconds West, a distance of 61.51 feet to an angle point;
THENCE North 69 degrees 01 minutes 57 seconds West, a distance of 53.76 feet to a point for corner;
THENCE North 38 cle-onds East, over and across
the POINT -OF -BEGINNING, containing 34,748 square feet or 0.798 acres of land.
Bearings for this description cited are based on Grid North State Plane Coordinate System, Texas North Central
Zone 4202, North American Datum of 1983. Adjustment Realization (CORS 96).
An exhibit of even date accompanies this description.
� by, I M- 0 a MVX Wom
L. Lynn Kadleck
Registered Professional Land Surveyor
Texas Registration No. 3952
2021 - 202100194995 06/30/2021 11-57AM Page 21 of 60
m
328.7 AC.
DALLAS GUN CLUB
VOL. 79215, PG. 1409 D.R.D.C.T.
46.671 Ac.
DENTON CREEK LAND CO., LTD.
VOL. 2003133, PG. 1569, D.R.D.C.T.
L
TRACT 3
CONSERVATION "ZI 0—
'b
EASEMENT *O
,34, 1A,
748 SF 0
z 0.798 AC OAO
CALLED 8.052 ACRES BLACKBERRY FARM,
LTD. INST. NO. 201205577546 O.P.R.D.C.T .
Call 48 Hours before digging:
EMILIE
LOT 7X
BLACKBERRY
FARM PHASE 1,
INST. NO.
202100• 152331
O.P.R.Dr.
.C.T.
'�17'90
Line Table
Line #
length
LOT 7X
Ll
BLACKBERRY
N89 36'19'E
FARM PHASE 1
1049.90'
INST.
I I ST 0
NST. NO.
0 -
0
g2
202100152331
we
0 P, CT
O.P.R.D.C-T.
�r ry
u ev
55 1'05'53E
L5
39.97'
0
L6
U
S30'3108"W
01 100, 200'
LOT 7X
BLACKBERRY
FARM PHASE 1,
INST. NO.
202100• 152331
O.P.R.Dr.
.C.T.
'�17'90
BLACKBERRY
Line Table
Line #
length
Direction
Ll
131753'
N89 36'19'E
L2
1049.90'
561'0538"W
L3
13.35'
566*4223E
L4
153.86'
55 1'05'53E
L5
39.97'
S59*5107E
L6
174.44'
S30'3108"W
L7
53.11'
N453520"W
L8
66.91'
N42'0449"W
L9
61.51'
N541191421W
L10
--
53.76'
N69'01'57"W
I
I L11
16733'
N38 -51-07-E
BLACKBERRY
LEGEND
FARMS ADDITION
Phone (214)473-4640 2740 Dallas Pawkway, Suite 280
FIR
FOUND IRON ROD
CITY OF COPPELL, TEXAS
woo-OlIk-m
R.O.W.
RIGHT-OF-WAY
NOTES:
D.R.D.C.T.
DEED RECORDS, DALLAS
1. BEARINGS FOR THIS DESCRIPTION CITED ARE
COUNTY, TEXAS
BASED ON GRID NORTH STATE PLANE
O.P.R.D.C.T.
OFFICIAL PUBLIC RECORDS,
COORDINATE SYSTEM, TEXAS NORTH CENTRAL
DALLAS COUNTY, TEXAS
ZONE 4202, NORTH AMERICAN DATUM OF 1983.
CONTROLLING MONUMENT
ADJUSTMENT REALIZATION (CORS
2. A LEGAL DESCRIPTION OF EVEN
SURVEY DATE
VOL, PG.
VOLUME, PAGE
HEREWITH ACCOMPANIES THIS PLAT OF SURVEr
P.O.B.
POINT OF BEGINNING
P'O.0
POINT OF COMMENCING
20'TRAIL
TSIDEWALK
BLACKBERRY
Westwood
FARMS ADDITION
Phone (214)473-4640 2740 Dallas Pawkway, Suite 280
EASEMENT
1
Toll FM2 (888)937-6160 Plan%TX76093
CITY OF COPPELL, TEXAS
woo-OlIk-m
ABSTRACT NO. 300
WahmoodftaftoWnIftmk%W-
TRIPE FIRM REGISTRATION NO. F-11756
PROJECT NUMBER: 0008335.00
TBPLS FIRM REGISTRATION NO. 10074301
TRACT 3
SHEET NUMBER:
CONSERVATION
2
EASEMENT
1
OF
EDWARD COOK SURVEY
2
ABSTRACT NO. 300
DATE: 06/25/21
PROJECT NUMBER: 0008335.00
2021 - 202100194995 06/30/2021 11-57AM Page 22 of 60
LEGAL DESCRIPTION
BLACKBERRY FARMS ADDITION
TRACT 4
-
BEING a 0.575 acre tract of land situated in the Edward Cook Survey, Abstract No. 300, City of Coppell, Dallas
County, Texas, and being a part of Lot 7X, Blackberry Farms, Phase 1, an addition to the City of Coppell, Dallas
County, Texas, according to the plat of record in Instrument No. 202100188194--aLthz-RM,*��jt*M*,,-�- �-
Dallas County, Texas, and being part of two tracts of land conveyed to the Blackberry Farms Homeowners
Association, Inc, by deed of record in Instrument No. 202100188193 and 202100188194, of said Official Public
Records; said 0.575 acre tract being more particularly described as follows:
MJ-
•CUMn I aw,
East, a distance of
southwest corner of said 328.7 acre tract;
THENCE South 41 degrees 23 minutes 29 seconds West, a distance of 890.71 feet to the POINT -OF -BEGINNING;
THENCE South 05 degrees 48 minutes 55 seconds West, a distance of 177.60 feet to a point for corner;
THENCE South 83 degrees 10 minutes 00 seconds West, a distance of 55.36 feet to an angle point;
THENCE North 75 degrees 53 minutes 28 seconds West, a distance of 73.70 feet to an angle point;
THENCE North 65 degrees 18 minutes 35 seconds West, a distance of 28.24 feet to a point for corner;
THENCE North 64 degrees 55 minutes 04 seconds West, a distance of 20.68 feet to a point for corner;
THENCE North 31 degrees 39 minutes 21 seconds East, over and across said Denton Creek, a distance of 185.71
feet to a point for corner in the said 46.071 acre tract;
THENCE South 81 degrees 41 minutes 40 seconds East, a distance of 92.33 feet to the POINT -OF -BEGINNING,
containing 25,028 square feet or 0.57S acres of land.
Bearings for this description cited are based on Grid North State Plane Coordinate Sostem.-Texa-,W Mei
Central Zone 4202, North American Datum of 1983. Adjustment Realization (CORS 96).
An exhibit of even date accompanies this description.
Date: June 25, 2021
.............
[VU
L. LYN KADLECK
L. Lynn Kadleck ........................ F..
3952
Registered Professional Land Surveyor
Texas Registration No. 3952
2021 - 202100194995 06/30/2021 11-57AM Page 23 of 60
Q 2020 Westwood Professional Services, Inc.
0
328.7 AC.
DALLAS GUN CLUB
VOL, 79215, PG. 1409 D.R.D.C.T.
FAM
LOT
7zN
om
Jm
CL
LO X
BLACKBERRY RRY < ex 16
rm
FARM PHASE 1 U - cc
INST. NO. 0' d
202100152331
O.P.R.D.C.T. 0
46.071 Ac.
DENTON CREEK LAND CO., LTD.
\-VOL, 2003133, PG. 1569, D.R.D.C.T.
BLOC;,' D
BLACKBERRY
FARMS ADDIT1011
I CITY OF COPPELL, TEXAA
Phone (214)473-4640 27400a11m9Parkway. Suit® 2$0
TCAFM (888)937-6150 Plano.TXTISM
WMW-dP—
WaNvow ft0ftxWW sw*a bm
TBPE FIRM REGISTRATION NO. F-11756
TBPLS FIRM REGISTRATION NO. 10074301
CW1 48 Hours before digging:
811 or call81l.com
Line #
is
LA dK
7�,
Z4 7
HO:rNEReS
INST. NO. 202100188194
LOT 7X
O.P.R.D.C.T.
BLACKBERRY FARM PHASE 1,
CALLED 8.052 ACRES BLACKBERRY FARM,
INST. NO. 202100152331 O.P.KD.C.T.
- "-CONSERVATIO
N
EASEMENT
DEEDN1.
tz .0 LINE
ookol.
LEGEND
j3o-?�
psso -,SBACj3
25,028 SF
k%�•
11). NAU
0.575 AC
D.R.D.C.T.
BLACKBERRY
FARMS ADDIT1011
I CITY OF COPPELL, TEXAA
Phone (214)473-4640 27400a11m9Parkway. Suit® 2$0
TCAFM (888)937-6150 Plano.TXTISM
WMW-dP—
WaNvow ft0ftxWW sw*a bm
TBPE FIRM REGISTRATION NO. F-11756
TBPLS FIRM REGISTRATION NO. 10074301
CW1 48 Hours before digging:
811 or call81l.com
Line #
is
Direction
7�,
Z4 7
131753'
1 L3
Z2
890.71'
S4112329"W
CALLED 8.052 ACRES BLACKBERRY FARM,
55.36'
LTD. INST. NO. 201205577546 O.P.R.D.C.T
L4
LEGEND
FIR
FOUND IRON ROD
R.O.W.
RIGHT-OF-WAY
D.R.D.C.T.
DEED RECORDS, DALLAS
IV64*55'04"W
COUNTY, TEXAS
O.P.R.D.C.T.
OFFICIAL PUBLIC RECORDS,
DALLAS COUNTY, TEXAS
(C.M.)
CONTROLLING MONUMENT
VOL, PG.
VOLUME, PAGE
P.O.B. /
POINT OF BEGINNING
P.O.C.
POINT OF COMMENCING
Em
5' SIDEWALK
BLACKBERRY
FARMS ADDIT1011
I CITY OF COPPELL, TEXAA
Phone (214)473-4640 27400a11m9Parkway. Suit® 2$0
TCAFM (888)937-6150 Plano.TXTISM
WMW-dP—
WaNvow ft0ftxWW sw*a bm
TBPE FIRM REGISTRATION NO. F-11756
TBPLS FIRM REGISTRATION NO. 10074301
CW1 48 Hours before digging:
811 or call81l.com
Line #
Length
Direction
L7
131753'
589*36'19"W
Z2
890.71'
S4112329"W
L3
55.36'
583*10'00"W
L4
73.70'
N755328W
LS
28.24'
N65'1835"W
L6
20.68'
IV64*55'04"W
NOTES:
1. BEARINGS FOR THIS DESCRIPTION CITED ARE
BASED ON GRID NORTH STATE PLANE
COORDINATE SYSTEM, TEXAS NORTH CENTRAL
ZONE 4202, NORTH AMERICAN DATUM OF 1983. 1
ADJUSTMENT REALIZATION (CORS 96).
2. A LEGAL DESCRIPTION OF EVEN SURVEY DATE
HEREWITH ACCOMPANIES THIS PLAT OF SURVEY.
L. LYNN KADLECK 06/25/21
REGISTERED PROFESSIONAL LAND SURVEYOR NO. 3952
TRACT 4 SHEET NUMBER:
CONSERVATION 3
EASEMENT OF
EWARD COOK SURVEY 3
1 DABSTRACT NO. 300 1 1.
DATE: 06125/21
PROJECT NUMBEk-,J.1108335.00
2021 - 202100194995 06/30/2021 11-57AM Page 24 of 60
LEGAL DESCRIPTION
BLACKBERRY FARMS ADDITION
TRACT 5 - CONSERV&j= j4,jg;W4J"
bi"Jfj a 4-g-6101 '-4--j I I a"I a:m -- Ij No Lt" Iff o ILgiod
BEING an 8.832 acre tract of land situated in the Edward Cook Survey, Abstract No. 300, City of Coppell, Dallas
County, Texas, and beini a wrt of Lot 7X Blackberr Farms. Phase 1. aT additint
PC 0 NOR
Dallas County, Texas, and being part of two tracts of land conveyed to the Blackberry Farms Homeowners
Association, Inc, by deed of record in Instrument No. 202100188193 and 202100188194, of said Official Public
Records; said 8.832 acre tract being more particularly described as follows:
COMMENCING at a 1/2" iron rod found for corner in the south lille-ofa-32E-.7-A - - 4 .116.
.4 tlk—
mom
record in Volume 91226, Pa e
East, a distance otl,317.53 feet f
southwest corner of said 328.7 acre tract;
THENCE South 04 degrees 58 minutes 43 seconds West, along a common line between the said Lot 7X and the
said 24.153 acre tract, a distance of 730.31 feet to the POINT -OF -BEGINNING;
THENCE South 04 degrees 58 minutes 43 seconds West, continuin�%aj=�-7 said common line betweeiiWe1d7:N-wtd--
the 24.153 acre tract, a distance of 909.03 feet to a point for corner;
THENCE North 87 cle!rees 13 minutes 31
24.153 acre tract, a distance of 250.48 feet to an angle point;
THENCE North 78 degrees 58 minutes 13 seconds West, a distance of 67.74 feet to an angle point;
THENCE North 36 degrees 36 minutes 23 seconds West, a distance of 50.76 feet to an angle point;
THENCE North 45 degrees 18 minutes 03 seconds West, a distance of 32.60 feet to an angle point;
THENCE North 18 degrees 23 minutes 22 seconds West, a distance of 54.27 feet to an angle point;
THENCE North 21 degrees 18 minutes 58 seconds West, a distance of 45.70 feet to an angle point;
THENCE North 31 degrees 26 minutes 47 seconds West, a distance of 12.25 feet to an angle point;
THENCE North 40 degrees 58 minutes 03 seconds West, a distance of 34.11 feet to an angle point;
THENCE North 44 degrees 12 minutes 42 seconds West, a distance of 24.72 feet to an angle point;
THENCE North 58 degrees 06 minutes 25 seconds West, a distance of 65.36 feet to an angle point;
THENCE North 65 degrees 38 minutes 06 seconds West, a distance of 35.28 feet to an angle point;
THENCE South 87 degrees 27 minutes 55 seconds West, a distance of 21.10 feet to an angle point;
THENCE South 76 degrees 19 minutes 38 seconds West, a distance of 20.82 feet to an angle point;
THENCE South 72 degrees 02 minutes 14 seconds West, a distance of 21.13 feet to an angle point;
THENCE South 55 degrees 45 minutes 53 seconds West, a distance of 33.66 feet to an angle point;
THENCE South 41 degrees 28 minutes 59 seconds West, a distance of 41.04 feet to an angle point;
00UM
2021 - 202100194995 06/30/2021 11-57AM Page 25 of 60
THENCE South 19 degrees 49 minutes 07 seconds West, a distance of 19.20 feet to an angle point;
THENCE South 33 degrees 35 minutes 48 seconds West, a distance of 38.44 feet to an angle point;
THENCE South 28 degrees 27 minutes 52 seconds West, a distance of 16.97 feet to an angle point;
THENCE South i•" 27 minutes 52 seconds West, a distance of 38.55 feet to an angle point;
THENCE South 21 degrees 10 minutes 09 seconds West, a distance of 34.65 feet to an angle point;
THENCE South 17 degrees 31 minutes 45 seconds West, a distance of 12.46 feet to an angle point;
THENCE South 00 degrees 28 minutes 21 seconds West, a distance of 43.94 feet to an angle point;
THENCE South 71 degrees 00 minutes 59 seconds West, a distance of 44.25 feet to a point for corner;
THENCE South 18 degrees 19 minutes 38 seconds East, a distance of 20.00 feet to a point for corner;
THENCE North 71 degrees 00 minutes 56 seconds East, a distance of 38.34 feet to a point for corner;
THENCE South 18 degrees 15 minutes 32 seconds East, a distance of 11.46 feet to an angle point;
THENCE South 18 degrees 27 minutes 43 seconds East, a distance of 30.87 feet to an angle point;
THENCE South 25 deRrees 51 minutes 42 seconds East.
VWWAL I J��Yjff -
332, of said Deed Records and said Lot 7X;
THENCE North 89 degrees 14 minutes 32 seconds West-a-1mg said
jW•
tract, a distance of 78.49 feet to a point at the northwest corner of said 23.6 acre tract and the most southerly
southwe,Vcc,i#r;we-Av VV
deed of record in Instrument No. 20070387504, of said Deed Records;
THENCE North 13 degrees 08 minutes 25 seconds West-a—IML.Eua—c—om—m—o—n .4 —A5r--
tract. at a distance of AA-.3D-feAPt-qasF&TL7 a CIAM(f4ji raripr �2�tian-E ctaLs' Tnto fr—�- —,f ......
MM �a*Mvfol IIirgi ism If$ -0 XF! 5P=-
recorded in Instrument No. 201200344284, of said Official Public Records, continuing along the common line
between the said Lot 7X and the said Lot 1R, Block A, in all a total distance of 76.45 feet to an angle point;
THENCE continuing along said common line between the Lot 7X and the Lot 1R,
distances:
North 00 degrees 38 minutes 25 seconds West, a distance of 91.00 feet to an angle point;
North 19 degrees 21 minutes 15 seconds East, a distance of 136.06 feet to a point at the northeast corn
of said Lot 1R, Block A and a re-entrant corner of said 46.071 acre tract;
THENCE departing the said common line between the Lot 7X and the Lot IR, Block A, along the westerly a
southerly line of said Lot 7X, the following courses and distances:
North 00 degrees 13 minutes 25 seconds West, departing the said common line between Lot 7X and t
Lot IR, Block A, a distance of 5.00 feet to a point for corner;
South 89 degrees 46 minutes 35 seconds West, a distance of 94.75 feet to a point for corner;
North 45 degrees 31 minutes 33 seconds East, a distance of 35.24 feet to an angle point; I
2021 - 202100194995 06/30/2021 11-57AM Page 26 of 60
North 38 degrees 43 minutes 38 seconds East, a distance of 56.00 feet to an angle point;
North 45 degrees 40 minutes 03 seconds East, a distance of 64.21 feet to an angle point;
North 50 degrees 49 minutes 47 seconds East, a distance of 70.04 feet to a point for corner;
South 37 degrees 08 minutes 11 seconds East, a distance of 14.03 feet to a point at the beginning of a
tangent curve to the right;
Along said tangent curve to the right having a central angle of 15 degrees 03 minutes 18 seconds, a radius
of 64.76 feet, and an arc length of 17.02 feet (chord bears South 29 degrees 37 minutes 22 seconds East,
16.97 feet) to a point at the end of said curve;
of 22 degrees 08 minutes 22 seconds East, a distance of 32.23 feet to a point for corner;
North 67 degrees 51 minutes 38 seconds East, a distance of 20.00 feet to a point for corner;
North 22 degrees 07 minutes 56 seconds West, a distance of 32.23 feet to a point at the beginning of a
tangent curve to the left;
Along said tangent curve to the left having a central angle of 15 degrees 00 minutes 00 seconds, a radius
of 85.00 feet, and an arc length of 22.25 feet (chord bears North 29 degrees 38 minutes 11 seconds West,
22.19 feet) to a point for corner;
North 37 degrees 08 minutes 11 seconds West, a distance of 11.60 feet toe point for corner;
North 59 degrees 48 minutes 24 seconds East, a distance of 33.96 feet to an angle point;
North 65 degrees 54 minutes 48 seconds East, a distance of 37.25 feet to an angle point;
North 72 degrees 04 minutes 54 seconds East, a distance of 36.33 feet to an angle point;
North 82 degrees 14 minutes 18 seconds East, a distance of 77.51 feet to an angle point;
South 61 degrees 59 minutes 12 seconds East, a distance of 83.34 feet to an angle point;
South 43 degrees 05 minutes 57 seconds East, a distance of 116.10 feet to a point at the beginning of a
non -tangent curve to the right;
Along said non -tangent curve tot right having a central angle of 09 degrees 26 minutes 03 seconds, a
radius of 465.82 feet, and an arc length of 76.70 feet (chord bears South 29 degrees 55 minutes 30 seconds
East, 76.62 feet) to a point at the end of said curve;
South 25 degrees 23 minutes 00 seconds East, a distance of 92.97 feet to an angle point;
out 40 degrees 46 minutes 39 seconds East, a distance of 24.97 feet to a point at the beginning of a
non -tangent curve tot a left;
Along said non -tangent curve tote left having a central angle of 109 degrees 00 minutes 29 seconds 'a
radius of 45.31 feet, and an arc length of 86.20 feet (chord bears South 88 degrees 02 minutes 07 seconds
East, 73.78 feet) to a point at the end of said curve;
North 26 degrees 31 minutes 16 seconds East, a distance of 96.66 feet to an angle point;
North 02 degrees 06 minutes 19 seconds West, a distance of 112.39 feet to an angle point;
North 19 degrees 20 minutes 02 seconds West, a distance of 128.89 feet to an angle point;
2021 - 202100194995 06/30/2021 11-57AM Page 27 of 60
North 47 degrees 54 minutes 17 seconds East, a distance of 16.23 feet to an angle point;
North 08 degrees 42 minutes 24 seconds West, a distance of 30.39 feet to an angle point;
North 09 degrees 52 minutes 59 seconds East, a distance of 39.45 feet to a point for corner;
South 73 degrees 02 minutes 52 seconds East, a distance of 56.68 feet to point for corner;
North 02 degrees 30 minutes 40 seconds East, a distance of 20.65 feet to a point for corner
North 73 degrees 02 minutes 52 seconds West, a distance of 52.32 feet to a point for corner
North 19 degrees 32 minutes 02 seconds East, a distance of 79.23 feet to an angle point;
North 35 degrees 00 minutes 00 seconds East, a distance of 57.99 feet to a point for corner;
North 41 degrees 33 minutes 00 seconds West, a distance of 16.92 feet to a point for corner;
North 31 degrees 36 minutes 14 seconds East, a distance of 57.55 feet to a point at the beginning of
tangent curve to the left;
Along said tan I ent curve to the left having a central angte-oL_-SOA-Pj;.. .---23-nihwAesA7-so-r-a-ii(es. a radius
2f =er-j-U7ewf'-
76.66 feet) to a point at the end of said curve;
%W-AVQ3 •;•&-awmlgvew
tangent curve to the left;
of 20.00 feet, and an arc length of 39.4ord bears South 89 cle_%ss6m
33.36 feet) to a point at the beginning of non -tangent curve to the right;
MZ�19 CML
radius of 135.69 feet, and an arc length of 113.06 feet (chord bears South 36 degrees 14 minutes 33
seconds West, 109.82 feet) to a point at the end of said curve;
South 42 degrees 03 minutes 00 seconds West, a distance of 4.43 feet to an angle point;
South 61 degrees 02 minutes 53 seconds West, a distance of 84.24 feet to an angle point;
South 75 degrees 02 minutes 26 seconds West, a distance of 37.73 feet to an angle point;
South 74 degrees 27 minutes 43 seconds West, a distance of 86.95 feet to a point for corner;
North 05 cl!Rgree
a point for corner;
North 83 degrees 56 minutes 12 seconds East, a distance of 41.27 feet to an angle point;
North 66 degrees 33 minutes 27 seconds East, a distance of 54.78 feet to an angle point;
North 30 degrees 34 minutes 43 seconds East, a distance of 70.04 feet to an angle point;
North 26 degrees 55 minutes 19 seconds East, a distance of 151.34 feet to an angle point;
North 70 degrees 19 minutes 39 seconds East, a distance of 78.78 feet to an angle point;
South 77 degrees 30 minutes 25 seconds East, a distance of 24.18 feet to an angle point;
2021 - 202100194995 06/30/2021 11-57AM Page 28 of 60
South 72 degrees 41 minutes 23 seconds East, a distance of 26.37 feet to an angle point;
South 61 degrees 05 minutes 15 seconds East, a distance of 3.52 feet to a point for corner;
South 07 degrees 33 minutes 00 seconds West, a distance of 74.73 feet to a point for corner;
South 82 degrees 27 minutes 00 seconds East, a distance of 20.00 feet to a point for corner;
North 07 degrees 33 minutes 00 seconds East, a distance of 66.91 feet to a point for corner;
South 61 degrees 05 minutes 15 seconds East, a distance of 9.53 feet to an angle point;
South 40 degrees 35 minutes 05 seconds East, a distance of 44.24 feet to an angle point;
South 15 degrees 37 minutes 52 seconds East, a distance of 37.79 feet to an angle point;
South 09 degrees 22 minutes 02 seconds East, a distance of 68.20 feet to an angle point;
South 35 degrees 28 minutes 41 seconds East, a distance of 46.66 feet to an angle point;
South 38 degrees 06 minutes 02 seconds East, a distance of 28.20 feet to an angle point;
South 38 degrees 01 minutes 59 seconds East, a distance of 101.10 feet to the POINT -OF -BEG INNING,
containing 384,740 square feet or 8.832 acres of land.
Bearings for this description cited are based on Grid North State Plane Coordinate System, Texas North Central
Zone 4202, North American Datum of 1983. Adjustment Realization (CORS 96).
An exhibit of even date accompanies this description.
Date: June 25, 2021
PP7
L. Lynn Kadleck X L. LYNN KADLECK
Registered Professional Land Surveyor
Texas Registration No. 3952
2021 202100194995 06/30/2021 11-57AM Page 29 of 60
W cvcu vvcbLwuuu rfuTebmunai zervices, Inc.
F�ALei �r-
0 . \.06-
01 100, 200'
LEGEND
FIR FOUND IRON ROD
R.O.W. RIGHT-OF-WAY
D.R.D.C.T. DEED RECORDS, DALLAS
COUNTY, TEXAS
O.P.R.D.C.T. OFFICIAL PUBLIC RECORDS,
DALLAS COUNTY, TEXAS
(C.M.) CONTROLLING MONUMENT
VOL, PG. VOLUME, PAGE
P.O.B. POINT OF BEGINNING/
P.O.C. POINT OF COMMENCING
u
328.7 AC.
DALLAS GUN CLUB
•'G-14M•n2-hC1
LIW
BLACKBERRY FARMS
HOMEOWNERS
ASSOCIATION, INC.
5' SIDEWALK 14)
INST. NO. 202100188194
O.P.R.D.C.T.
TRACT 5
10
/CONSERVATION 1--
46.071 Ac 0
ar q°a
DENTON CREEK LAND CO., LTD. EASEMENT
b
VOL. 2003133, PG. 1569, D.R.D.C.T. 384,740 SF -5- ,- 1,
8.832 AC 0
0
Ze- 0 A�
%p
"o
0
a r, 4,
.0
0 0 '0 00
L72
0
00,
�A
LO 7X
BLACKBERRY FARM PHASE 1,
INST. NO. 202100152331
O.P.R.D. T. k
L67
L69
MATCH LINE
—CALLED 8 052 ACRES FL-ACK—BERRY L64 SHEET 6
FARM,
LTD. INST. N0.201205577546 O.P.R.D.C.T. MATCH LINE
SHEET 7
DEED,-----
z
LINE
46.071 Ac- 3.96
-u
DENTON CREEK LAND CO., LTD.
tArz tA VOL, 2003133, PG. 1569, D.R.D.C.T.
Call 48 Hours before criqqingp
811 or ca1181 1.com
�r—m—m—o—nM�unkanm
712FIR
(C.M.)
BLACKBERRY
Westwood
FARMS ADDITION
Phone (214)473-4540 27400afts Parkway, 34dite,280
TOORM (888)937-5150 Plam,TX76M
CITY OF COPPELL, TEXAS
vailtwowpumm
vftimpow 11,111711111donal swvkm,6 bL
TBPE FIRM REGISTRATION NO. F-11756
T8PLS FIRM REGISTRATION N0.11074301
TRACT 5 SHEET NUMBER:
CONSERVATION
6
EASEMENT OF
EDWARD COOK SURVEY 9
ABSTRACT NO, 300
DATE: 06/25/21
PROJECT NUMBER: 0008335.00
2021 - 202100194995 06/30/2021 11-57AM Page 30 of 60
2020 Westwood Professional Services, Inc.
1.56
TRACT 5
'CONSERVATION
EASEMENT
384F740 SF
8.832 AC
0
0,
db
lie,
W
X
C4
BLACKBERRY FARMS
I HOMEOWNERS ASSOCIATION, INC.
INST. NO. 202100188194
O.P.R.D.C.T.
LOT 7X
BLACKBERRY FARM PHASE 1,
0
INST. NO.2021001523310,P.RD.C.T.
CITY OF COPPELL
CITY LIMIT LINE
CITYOF CARROLLTON
N82-13,31 -W 250. 48,
01 100, Ii
APPROXIMATELY LOCATION
JOHN JACKSON SURVEY ABSTRACT NO. 698
23.6 AC. W. PERRY ABSTRACT NO, 1152
CITY OF CARROLLTON 0z �L
VOL.
D.R.D.912260
, PG. 332 p
< C.T. U— ul Z!
Westvimd
Phone (214)473-4640 2740 Dallas Partway, Suite 280
TORFM (888)937-6150 PNM, TX75093
W&*NmWpqAm
vftgmow prolemlom I smvim km
TSPE FIRM REGISTRATION NO. F-11756
TBPLS FIRM REGISTRATION NO. IOD74301
MATCH I -It
L64 —
SHEET 6
CALLED 8.052 ACRES BLACKBERRY FARM,
LTD. INST. NO. 201205577546 O.P.R.D.C.T.
TRACT 5
MATCH LINE
SHEET 7
CONSERVATION
DEED
EASEMENT
OF
z z 1,
LINE 46.071 Ac
ABSTRACT NO. 300
3.96
uj
U Uj
DENTON CREEK LAND CO., LTD.
PROJECT NUMBER: 0008335.00
kAif
VOL. 2003133, PG. 1569, D.R.D.C.T.
m
91m
1.56
TRACT 5
'CONSERVATION
EASEMENT
384F740 SF
8.832 AC
0
0,
db
lie,
W
X
C4
BLACKBERRY FARMS
I HOMEOWNERS ASSOCIATION, INC.
INST. NO. 202100188194
O.P.R.D.C.T.
LOT 7X
BLACKBERRY FARM PHASE 1,
0
INST. NO.2021001523310,P.RD.C.T.
CITY OF COPPELL
CITY LIMIT LINE
CITYOF CARROLLTON
N82-13,31 -W 250. 48,
01 100, Ii
APPROXIMATELY LOCATION
JOHN JACKSON SURVEY ABSTRACT NO. 698
23.6 AC. W. PERRY ABSTRACT NO, 1152
CITY OF CARROLLTON 0z �L
VOL.
D.R.D.912260
, PG. 332 p
< C.T. U— ul Z!
Westvimd
Phone (214)473-4640 2740 Dallas Partway, Suite 280
TORFM (888)937-6150 PNM, TX75093
W&*NmWpqAm
vftgmow prolemlom I smvim km
TSPE FIRM REGISTRATION NO. F-11756
TBPLS FIRM REGISTRATION NO. IOD74301
TRACT 5
SHEET NUMBER:
CONSERVATION
7
EASEMENT
OF
EDWARD COOK SURVEY
9
ABSTRACT NO. 300
DATE: 06/25/21
PROJECT NUMBER: 0008335.00
2021 - 202100194995 06130/2021 11-57AM Page 31 of 60
C 2020 Westwood Professional Services, Inc.
-_ -.... _ Call 48 Hours before digging:..
7
811 or call811.com
7CLEG E N D - Common Groundlance
FIR FOUND IRON ROD
R.O.W. RIGHT-OF-WAY
D.R.D.C.T. DEED RECORDS, DALLAS.
COUNTY, TEXAS
O.P.R.D.C.T. OFFICIAL PUBLIC RECORDS, `
DALLAS COUNTY, TEXAS
(C.M.) CONTROLLING MONUMENT '
VOL., PG. VOLUME, PAGE L4' try
P.O.B. / POINT OF BEGINNING
P.O.C. POINT OF COMMENCING ` L44
S' SIDEWALK
¢�TRACT5 ` t
CONSERVATION I o
EASEMENT
L40 -r42 384,740 SF
f 8.832 AC ,,
1 LOT 7X
+q� BLACKBERRY FARM PHASE 1,
Y INST. NO. 202100152331 y1y L1a L12 ®�
O.P..D.C.T.
L35
,. L34 ti�6
LOT 1 R, BLOCK A O' °0
DENTON CREEK @ SANDY LAKE ,x, v
INST. NO. 201200344284 a
O.P.R.D.C.T. 2 r °
BI
�dINST. I
424
Lx
L31
I CITY OFCOPPELL
y�P�a a CITY LI I T LINE
�4ti3�'C�' CITY OFCAROLLTON
-,F;- 23.6 AC.
CITY OF
J®�� ® �`� 1 � VO .91226,RPGI. 332
-11QD..D.C.T. o
�C - C.
®�LU co
01", 0' 100' 200'
m
TRACT 5 SHEET NUMBER:
BLACKBERRY Westwood CONSERVATION
FARMS ADDITION Phone (214)473.4840 274011a8aaParkway, Suite 280 _ EASEMENT OF
'rdFm (888)987.6150 PlanoTX75093
CITY OF COPPELL, TEXAS EDWARD COOK SURVEY
AST CT N. 300
TRPE FIRM REGISTRATION NO, F-11756 uNkm m
TBPIS FIRM REGISTRATION NO.10074301 DATE: 06/25/21
PROJECT NUMBER: 0008335.00
2021 - 202100194995 06130/2021 11-57AM Page 32 of 60
�r.c:t►au.T.ru.r.rt4wsrfF-1 �ri7.
1. BEARINGS FOR THIS DESCRIPTION CITED ARE
BASED ON • NORTH STATE
`PLANE
COORDINATEi.
ZONE 4202, NORTH AMERICAN DATUM OF 1983.
ADJUSTMENT REALIZATION (CORS 96).
2. A LEGAL DESCRIPTION OF DATE
ACCOMPANIESHEREWITH OF SUWV.
Line Table
--
res;
Line Table
CONSERVATION
Line Table
Line Table
Line #
Length
ng
Direction
Line #
Length
Direction
Line #
Length
�.�.
Direction
Line # Length .97
Direction
L 1
7317.53'
58936'19'W
L24
44.25'
5710059"W
L47
36.33'
N72O4 54 E
170 86.95'
5742743'W
L2
730.31'
504°5842"W
L25
20.00'
S18°1938"E
L48
77.51'
N82'14'18'F
1,71 173.15' ':
N0549'07"E
L3
50.76'
N36°3623"W
L26
38.34'
N71100'S6 E
L49
8334'
S67 59'12"E
172 41.27'
N83 56'12'E
14
32.60'
N45°18'03"W
L27
11.46'
S18115321E
150
116:10'
S43'05'57"E
L73 5478'
N663327"E
LS
54.27'
N182322"W
L28
30.87'
5182743"E
LSI
9297'
S25°23007
L74 70.04'
N303443E
L6
45.70'
N21118'58"W
L29
44.20'
S25®5142"E
L52
2497
540.46397
L75 151.34'
N26155119E
L7
1225'
N312647'W '-
L30
78.49'
N89°1432'W
L53
96.66'
N2637'16'E
L76 78.78'
N7011939"E
LS
34.11'
N40°58'03'W
L31
76.45'
N73"08'25"W
L54
712,39'
NO2O6'19"W
L77 24.18°
57730'25"E
L9
24.72'
N4411242'W
L32
97,00'
50038257E
L55
128.89'
N191201021W
L78 26.37°
S72°4123"E
L10
65.36'
N58°0625"W
L33
136.06'
N19°27'75'E
L56
16.23'
N47°54'17 €
179 s 3.52'
`
567O575"IF
L11
35.28'
N65 3806'W
L34
5.00'
°1325'
L57
30.39'
N08"42'24"W
LOU 74.73'
507°3300'W
LIZ
21.10'
587°2755'W
L35
94.75'
5894635"W
L58
39.45'
N09°5259"E
L81 20.(X1'
58227'00"E
L13
20,82'
576°1938"W
L36
28.07'
N45 31331E
L59
56.68'
S731023211E
L82 66.91'
N07"3300'E
L74
21.73'
572 02'14"W
L37
5600'
N38 4338E
L60
20.65'
NO2°3040"E
L83 9.53'
56105'15 E
L15
33.66'
S55°45'53'W
L38
64.21
N45°4003 E
L61
5232'
N73O2'S2"W
L 44.24'
540°35'05'E
L16
47.04'
54128 59"W
L39
70.04'
N50 4947 E
162
7823'
N197321027
L85 37.79'
S15""3752"E
L17
1920'
519'49'07'W
14.03'
53708'11 7E
L
5799'
N351001001f
0'
509 2202"E
L18
3844'
5333548`W
L47
3223'
S22°0822"E
L64
16.92'
N413300"W
L87 46.66'
S352847 "E
L1.9
16.97'
S28°2752W
L42
20.00'
N675138 E
L6S
57.55'
N31°36'14"E
L88 2820'
538'0602"E
L20
38.55'
S28°2752"W
L43
32.23'
N22'0756'W
Lff
748.04'
N33 3902"W
L89 107.70'
538015911E
LZt
34.65'
S21"1009"
11.60'
N37'08'11 "W
L67
4.43'
542°0300"W
190 67.74' '
N78°58'13 "W
'-
L45
33.96'
N594824E
L
84.24'
S61°02''53"W
fL23±43.94'tS00'282212.46'S17'3145'W
1"
3725'
N655448 "E
L
37,73'
575'0226"W
Curve Table
Cure #
Length
Radius Delta
Chord
SearingChord
Length
C1
1702'
64.76' 01503'18"
529'37-22'E
16.97'
2225'
85.00' 015°00'00"
N 29°38'11' W
22.19'
C3
7670'
46582" 00926'03"
S29'55'30"E
7662'
S
$620'
45,31' 109 00'29"
588'02'07'E
73.78'
L. V
CS
79.19'
90.03' 050'2347"
-
N 06`2421" E
76.66'
... ........y
v
.
y�J
C6
39.45`
20.00° 113°0035
589°50.41°'W
33.36'
'•.,.•"®�
••
.
...
CT
113-06'
135.69' 0474435"
536'14'33"
W
109.82'
1. BEARINGS FOR THIS DESCRIPTION CITED ARE
BASED ON • NORTH STATE
`PLANE
COORDINATEi.
ZONE 4202, NORTH AMERICAN DATUM OF 1983.
ADJUSTMENT REALIZATION (CORS 96).
2. A LEGAL DESCRIPTION OF DATE
ACCOMPANIESHEREWITH OF SUWV.
Mksftwod TRACT 5
res;
BLACKBERRY
CONSERVATION
9
FARMS ADDITION
phom (214) 473-4640 2740 081m Parkway, Wte 280 EASEMENT
I/25/21
OF
TEXASCITY OF COPPELL,
Profesdomf $WowFv hr.TEIPE ABSTRACT • 300
FIRM REGISTRATION NO. F-11756
• ►.
•• 0008335.00
2021 - 202100194995 06/30/2021 11-57AM Page 33 of 60
Exhibit B to
Conservation Easement Agreement
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS OF ENGINEERS, FORT WORTH DISTRICT
P. 0. BOX 17300
FORT WORTH, TEXAS 76102-0300
illillilillll :11:111111;1I Iii IF 21 1 1 i III
Mr. Terry Holmes
The Holmes Builders
225 East, SH -121
Coppell,Texas 75019
This letter is in regard to information received October 2, 2017, and subsequent submittals
received May 23, 2019, November 4, 2019, December 17, 2019, and March 20, 2020,
concerning a proposal by The Holmes Builders to develop a 55 -acre tract for a residential
development and associated infrastructure located in the city of Coppell, Dallas County, Texas.
This project has been assigned Project Number SWF-2013-00090. Please include this number
in all future correspondence concerning this pr•i-
-i -
je
egulate any work in, or affecting, navigable waters of the United States. Based on the
descAtion of the Progosed wQ, lig Q
&
YI M, III IT,
ITe have reviewed this project under the pre -construction notification procedures of
Nationwide Permit General Condition 32 (Federal Register, Vol. 82, No. 4, Friday, January 6,
2017). We have determined the discharge of dredged or fill materials into waters of the United
States associated with this project is authorized by Nationwide Permit 29 for Residential
Developments and Nationwide Permit 13 for Bank Stabilization. To use these permits, the
permittee must ensure the work is in compliance with the specifications and conditions for the
permits listed above, found at
eneral-Permits/,
and the special conditions listed below. Additionally, all activities must comply with the water
quality certification conditions of the Texas Commission on Environmental Quality (TCEQ)
located at
ert.pd . The special conditions are as follows:
1. The permittee shall conduct a meeting with the construction contractor(s) detailing
the terms and conditions of this permit prior to commencing construction activities of
the project. The permittee shall notify USACE Regulatory Division of the
2021 - 202100194995 06/30/2021 11-57AM Page 34 of 60
me ng at least two weeKs in advance of the meetin
Within two weeks following the meeting, the permittee shall provide written
confirmation, in the form of meeting minutes, to the USACE that the meeting wl
held.
Ot. The permittee shall distinctly mark and fence the limits of clearing and construction
for the project associated with proposed impacts to waters of the United Sates, and
the limits of construction as described in the final conservation easement (CE),
referenced in the Notice of Intent (NO[) by Mitigation Futures to develop such CE
along the floodplain of Denton Creek, dated October 26, 2018. The limits of these
areas shall be approved by the USACE before ground disturbing activities in waters
of the United States commences. Steel cable, with prominent flagging, or similar
methods, may be used in lieu of fencing. Markers and fencing may be removed after
construction is completed.
3. The permittee shall develop appropriate signage to identify the CE areas. All
signage should clearly indicate the areas are to remain in a natural state and shall
identify a contact name and telephone number for questions regarding the CE areas.
4. A copy of the final signed CE filed with Dallas County shall be submitted to USACE
within 60 days of the date of this letter.
Failure to comply with these specifications and conditions invalidates the authorization and
may result in a violation of the Clean Water Act.
Our vercation for the construction of this activity under this nationwide permit is valid until
March 18, 2022, unless prior to that date the nationwide permit is suspended, revoked, or
modified such that the activity would no longer comply with the terms and conditions of the
nationwide permit on a regional or national basis. The USACE will issue a public notice
announcing the changes when they occur. Furthermore, activities that have commenced, or are
under contract to commence, in reliance on a nationwide permit will remain authorized provided
the activity is completed within 12 months of the date of the nationwide permit's expiration,
modification, or revocation, unless discretionary authority has been exercised on a case-by-
case basis to modify, suspend, or revoke the authorization in accordance with 33 CFR 330.4(e)
and 33 CFR 330.5(c) or (d). Continued confirmation that an activity complies with the
so,ecifications and conditions and an,,l
the permittee.
The USACE based this decision on a preliminary jurisdictional determination (PJD) that
there are waters of the United States on the project site. A PJD is not appealable. At any time
you have the right to request and obtain an Approved Jurisdictional Determination (AJD), which
can be appealed. If it is your intent to request an AJD, do not begin work until one is obtained.
Our review of this project also addressed its effects on threatened and endangered species.
Based on the information provided, we have determined this project will not affect any species
listed as threatened or endangered by the U.S. Fish and Wildlife Service within our permit area.
However, please note you are responsible for meeting the requirements of General Condition
18 on endangered species.
2021 - 202100194995 06/30/2021 11-57AM Page 35 of 60
The permittee must sign and submit to us the enclosed certification that the work, including
any proposed mitigation, was completed in compliance with the nationwide permit. The
permittee should submit the certification within 30 days of the completion of work.
This permit should not be considered as an approval of the design features of any activity
authorized or an implication that such construction is considered adequate for any purpose
intended. It does not authorize any damages to private property, invasion of private rights, or
any infringement of federal, state, or local laws or regulations.
Thank you for your interest in our nation's water resources. If you have any questions
concerning our regulatory program, please refer to our website at
ons/Regulatory or contact Mr. Joseph L. Shelnutt at the
address above, by telephone (817) 886-1738, or by email Joseph.L.Sheinuft@usace.army.mil,
and refer to your assigned project number.
Please help the regulatory program improve its service by completing the survey on the
following website: lator surve
am=
SHELNUTTJOSEPH.LEE.111 Digitally signed by
SHELNUTTJOSEPH.LEE.1 1106OrA
BO
0608680 Date: 2020.04.2813:35:01 -05'001
[ I :
VON
VA alkyj [11101
Mr. David Stelly dstell
2021 - 202100194995 06/30/2021 11-57AM Page 36 of 60
U.S. Army Corps of Engineers Project Number: SWF-2013-00090
Name of Permittee: The Holmes Builders, 225 E. SH -121, Coppell, Texas 75019
Date of Issuance: April 28, 2020
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
Regulatory Division
CESWF-RDC
0 #
#
Please note that your permitted activity is subject to a compliance inspection by a U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
'cermit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit was complet
in accrdance with the terms anconditions f the sai•permit, an•reuire•mitiati
was completed in accordance with the permit conditions. I
od od d qd g
Signature of Permittee Date
2021 - 202100194995 06/30/2021 11-57AM Page 37 of 60
14 (3 OCT 2017)
2021 - 202100194995 06/30/2021 11-57AM Page 38 of 60
Exhibit D
to
Conservation Ease et ent
DIVISION 2. - TREE PRESERVATION REQUIREMENTS
Sec. 12-34-2-1. - Purpose.
The purpose of the tree preservation ordinance is to set the standards for the preservation and
protection of a diminishing natural resource, our native and other adapted existing site trees, and to
encourage the planting of trees to replace and supplement our urban forest during the development,
construction, and redevelopment processes.
(Ord. No. 91500-A-203)
Sec. 12-34-2-2. - Intent.
It is the intent of the City Council of the City of Coppell that the terms of article 34, division 2 shall:
(A) Establish rules and regulations governing the protection and preservation of established trees
growing within the city.
B) Regulate the removal and replanting of trees during development, construction and
redevelopment.
Require a tree removal permit when removal is deemed necessarU
(D) Provide the administrative structure to monitor and enforce compliance with the tree
preservation ordinance.
(E) Provide assistance to property owners, developers, and builders in understanding proper
guidelines, methods, and regulations of tree preservation and protection within the city.
(F) Establish the City of Coppell Reforestation and Natural Areas Fund.
=1
3
Administration and enforcement of the tree preservation ordinance shall be the responsibility of the
department of leisure services, under the supervision of the city manager or his designee.
(A) The city manager or his designee will issue a notice of violation to persons, firms, and
corporations failing to comply with provisions of the tree preservation ordinance which will be
adjudicated through the municipal court system.
(B) The city manager or his designee, building official, or an authorized representative shall have
the authority to place a stop work order on any activity which is effectively removing protected
trees or is in violation of article 34, division 2.
(A) Appraised value means the monetary value for a tree based on the formula established by The
Council of Tree and Landscape Appraisers (CTLA) and published by the International Society of
Arboriculture.
(B) Bore utilities means The practice of tunneling at a depth below the effective root system of a
tree, generally at a depth of 18 to 24 inches, for the purpose of running underground utilities.
2021 - 202100194995 06/30/2021 11-57AM Page 39 of 60
(C) Critical root zone means the top 12 inches of undisturbed natural soil around the tree, defined
by a concentric circle with a radius equal to the distance from the trunk to the outermost portion
of the drip line, wherein roots critical to its survival are growing.
(D) DBH or diameter at breast height means the diameter, in inches, of a tree as measured
through the main trunk at a as four and one-half feet above the natural ground level.
(E) Drip line means the periphery of the area encompassing a tree determined by dropping
imaginary vertical lines from the outermost portion of its canopy to the ground.
(F) Historic tree means any tree that is either a minimum size of 40 -inch caliper DBH or 100 years
of age or older.
(G) Leaf litter means the normal organic matter lying on the forest floor.
(H) Mulch means pre -decomposed organic material.
(1) Person means any corporation, partnership, firm, association or other artificial entity; or ar
individual; or any agent or employee of the foregoing.
(J) II Protected tree means any living tree species, six inches DBH or larger, which is not on tt
unprotected tree list' that shall be subject to the preservation, protection, and replantir
requirements of article 34, division 2.
(K) Protective fencing means a barrier from entry, constructed from chain link, orange plastic, i
other similar material at a minimum height of four feet above ground level, restricting access I
a tree protection zone.
(L) Reforestation and natural areas fund means the fund established by the city for the purpose I
collecting monetary reparation to provide for urban reforestation, purchase and preservation i
natural areas, public education, as well as costs associated therein by the department of leisui
services, in conjunction with the park and recreation board.
(M) Replacement tree means a nursery -grown tree of a protected tree species, as defined
article 34, division 2, with a minimum DBH of three inches and height of seven feet.
(N) Specimen tree means a tree that is a minimum size of 24 -inch caliper DBH.
(0) Tree For the purposes of article 34, division 2, any self-supporting woody perennial plant whic
has a trunk DBH of six inches or greater which normally attains an overall height of at least 2
feet at maturity, usually with one main stem or trunk and many branches.
(P) Tree board A board, established by the city council, which is charged with advising the cil
manager or his designee in the administration of this division, as well as promoting tre
awareness, tree planting, and urban forestry education and practice in the city.
(Q) Tree protection zone means any area designated, or required, for the sole purpose
preserving a protected tree, or group of trees, wherein no activities prohibited by article -1,
division 2 shall take place.
(R) Tree removal permit a permit which must be approved by the city manager or his designe
prior to the removal of any tree. (appendix, item 1).
(S) Understory vegetation means forest plants or smaller trees which grow beneath the canopy•
larger trees.
(1) Unprotected tree means a tree of an undesirable species, as determined by article 34, divisi
2, which does not require preservation, protection measures, or replanting.
2021 - 202100194995 06/30/2021 11-57AM Page 40 of 60
W imi'moll a
(A) Subdivisions (single and multi -family).
(B) Non-residential.
Article 34, division 2 shall not apply to the following:
(A) Any property located in a residential development which has received preliminary plat approval
or site plan approval and any non-residential use property which has received site plan approval
prior to the effective date of this article.
(B) Any single family residential property after the first date that said residence was occupied, so
long as said property is not being developed, redeveloped, platted, replatted, or subdivided.
(C) On that portion of property owned or operated by a plant and/or tree nursery, on which trees
are planted and/or grown for commercial sale.
(D) Tree removal or trimming activities of public utility companies or other entities as may be
authorized by prior agreements with the city.
(E) Trees which are diseased, injured, or determined by the city manager or his designee to be in
a hazardous or dangerous condition so as to endanger the public health, welfare or safety and
require immediate removal without delay.
(F) Actions deemed necessary in accordance with city policy during a period of emergency such
as tornado, storrn, flood or other act of God,
(G) Where this article and the Coppell Flood Plain Management Ordinance are in conflict, the flood
plain management ordinance shall take precedence.
(H) Public utility construction and maintenance.
(1) In areas zoned LI (Light Industrial), trees located within the building footprint, as indicated on
the site plan approved by city council, shall not be considered as protected trees under this
section and shall not be subject to tree reparation payment.
(A) The City of Coppell, public school districts or any church, shall endeavor to preserve all trees
protected by the requirements of article 34, division 2 wherever practicable in order to preserve the
natural beauty of environment as to provide for the safety, health, and welfare of the citizenry.
(B) Except as noted herein, article 34, division 2 shall not apply to any property owned, leased,
controlled real property, development, constructed and/or redevelopment by the City of Coppell or
public school districts; or to any church property owned, leased, controlled real property,
development, constructed and/or redevelopment, provided that such uses is only for church
purposes.
(C) In all development, construction, and/or redevelopment, except the construction, reconstruction,
development of public roads, streets, rights-of-way, that is not funded or permitted, after the effective
date of this ordinance, the City of Coppell, public school districts, or church shall comply with the
2021 - 202100194995 06/30/2021 11-57AM Page 41 of 60
i• 0 1 1 0 6 - - I - - •- 0 Z 0 - 0 1 . . a •- -
R"'NOWNIN 1119%jigIVIN I 1 0 *11 . , . - -
Utal pl�-110 $1111 GJ$JcJ-XdJ&-JWL4J-E- 111,11441.1- Iffel— - - - - -
Sec. 12-34-2-7. - Protected tree designation.
(A) Any tree which has a six inch DBH or greater, which is not listed as an unprotected tree species in
section 1234-2-7B or not exempted in section 12-34-2-6, is a protected tree and must be retained
and protected or replaced if removed.
(B) Protection and replacement will not be required for the following species of unprotected trees less
than ten caliper inches.
Hackberry
Cottonwood
Mesquite Trees
FTIILII•=
This list is subject to change and will be periodically updated by the city Manager or his designee
with the approval of the park and recreation board.
(C) All protected trees on the development or construction site must be preservedand protected
according to section 12-34-2-9, guidelines for tree protection, unless a tree removal permit has been
obtained.
(A) Purpose. The tree survey is the heart of the tree preservation ordinance. its purpose is not to
penalize, but to aid those in protecting our valuable natural resources during development and
construction. Additionally, the tree survey will also help determine the quantity of trees, if any, that
must be removed or cannot be safely and adequately protected during the street, utility, and
construction phases of development.
(B) Scope. A tree survey shall be conducted and be curTent to within the 24 months immediately prior
to submission for any of the following:
1 . Preliminary plat.
2021 - 202100194995 06/30/2021 11-57AM Page 42 of 60
2. Re -plat.
3. Final
•l_ and approval.
4. Site
• review,
5. Application for building permit.
The tree T'j �', fjSrs" _'Jf'kIJ8 CA
=z' I xupffie k"Fa�.�'J 'Z"XUjWCJeJrS Y
of Coppell. These persons must register and be approved by the city manager or his designee
prior to the conducting of the tree survey. Minimum qualification must be one of the following:
a. International Society of Arboriculture Certified Arborist.
• Texas Association • Nurserymen Member.
c. A degree in a related field (i.e. forestry, landscape architecture, botany, horticulture) with
five years field •
2. The tree survey shall include location, size (DBH), species, canopy type, ordinal points of
canopy spread, and condition of all trees with a six-inch DBH or larger. Trees will be measured
at four and one-half feet above natural ground level, or DBH (diameter at breast height). The
tree survey information will be compiled in a tabular forrnat with each tree identified by a number
corresponding to a numbered tree on the site plan. (appendices A, B and C).
3. The entire parcel being proposed for development shall be included in the tree survey, except
for any portion located farther than 50 feet from any planned development or construction
activities.
4. Once the tree survey has been accomplished and submitted to the city, all trees on the tree
survey shall be classified as protected trees, with the exception of those unprotected tree
species listed in subsection 112-34-2-713 or exempted by section 12-34-2-6.
5. The tree survey shall then be used to determine:
a. The number of protected trees that must be removed for the development of essential
streets, utilities, and building construction.
b. Potential specimen or historic trees.
c. The total amount of required tree replacement or reparation.
d. The amount of tree preservation credit.
A major purpose of article 34, division 2 is to protect all existing quality site trees which are not
required to be removed for approved development and construction to occur. The following are minimum
requirements for the protection of all protected trees within 50 feet of all development and construction
activities related, but not limited, to streets, parking lots, building sites, driveways, and sidewalks.
(A)
• to construction • land development, the developer •, builder must clearly mark al'
protected trees within 50 feet • all public rights-of-way, public easements, • construction
areas. The protected trees will be flagged with bright, fluorescent survey ribbon wrapped around
the main trunk at a height of four feet from natural grade such that the tape is very visible to
construction workers and equipment operators.
(B) Prior to construction • land development, the developer • builder shall establish designated
parking areas for the parking and maintenance of all vehicles, trailers, construction equipment,
and related items, as well as stockpile areas fbr the storage of construction supplies and
2021 - 202100194995 06/30/2021 11-57AM Page 43 of 60
materials. After approval by the city manager or designee, the location and dimensions of
designated areas shall be clearly identified on construction and site plans and at s
construction site. I -
(C) In those situations where the drip line of a protected tree is not directly affected by constructic
but construction related activities may infringe on said drip -line, protective fencing shall t
installed at minimum around the drip -line designating a tree protection zone. The fencing mu:
be a minimum of four feet in height with silt fencing attached to the base of the fence. Brigti
fluorescent survey ribbon must be attached to the protective fencing at ten -foot interval!
(appendices
(D) Bilingual (English and Spanish) signage will be conspicuously located on all protective fencin
designating a tree protection zone. (appendix F).
(E) Every effort will be made to retain understory vegetation and leaf litter during all phases i
development and construction. If understory vegetation and/or leaf litter is removed, the critic
root zone within the tree protection zone will be mulched with three to six inches of organ
material to aid in keeping soil temperatures down and in the retention of soil moisture.
(F) Underground utilities may be bored if the line of the utility passes within a tree protection
critical root zone. (appendix G).
(G) Grade changes in excess of four inches cut or fill within a tree protection or critical root zon
will require a retaining wall or tree well, made of rock or brick, to be constructed around th
protected tree no closer than 75 percent of the distance between the trunk and the drip line. Th
top of the retaining wall should be constructed at the new grade. Additional measures I
maintain proper oxygen and water exchange with the protected tree roots may also be require(
(appendix H).
(H) All protected trees shall be provided with a permeable surface under a minimum of 75 percet
of the existing drip line of the tree(s).
The following activities shall be prohibited on any development or construction site within a tree
protection zone or the drip line of any protected tree:
(A) No construction vehicle or equipment traffic or parking shall take place.
(B) No materials intended for use in development or construction, or waste materials accumulated
due to excavation or demolition, shall be placed or stored.
(C) No equipment shall be cleaned or liquids deposited or allowed to flow overland. This includes,
but is not limited to, paint, oil, solvents, asphalt, concrete, mortar, and similar materials.
(D) Grade changes in excess of four inches shall not be made unless properly protected by a
retaining wall or tree well as described in section 12-34-2-9.
(E) No water, which accumulates due to construction -related activities, shall be permitted to
remain around any protected tree.
(F) No signs, wires, or other attachments, other than those of a protective nature, shall be attached
to any protected tree.
(G) Except for these aforesaid exemptions in section 12-34-2-6, under no circumstances shall
there be a clear cutting of trees on a property for any purpose at any time.
(H) No person, directly or indirectly, shall cut down, destroy, effectively destroy through damaging,
remove, or move any tree, protected tree, specimen tree, or historic tree without a tree removal
permit at any time unless exempted by section 12-34-2-6.
2021 - 202100194995 06/30/2021 11-57AM Page 44 of 60
(1) No person, directly or indirectly, shall act in concert with an owner, occupant, lessor, lessee or
any person claiming an interest in property to enter into any agreement, contract, negotiation,
letter of intent or any other type of arrangement to circumvent the prohibitions contained herein
or to otherwise qualify for an exemption from the provisions of this ordinance,
(A) In the event it becomes necessary to remove a tree for development or construction, a tree removal
permit will be required. Permits for tree removal may be requested by making application on a form
prescribed by the city to the city manager or his designee. (appendix 1).
(B) Upon receipt by the city of a completed tree removal pen -nit application, an administrative fee shall
be paid to the city by the applicant.
(C) The tree removal permit application shall be accompanied by a preliminary plat or site plan showing
the exact location, size (DBH), common name, and reason for request of removal of each tree on
site.
(D) Submission of a tree removal permit application to the city shall authorize the city manager or his
designee or his designee to conduct field inspections of the site as necessary for purposes related to
the provisions of the tree preservation ordinance.
(E) After thorough review of the tree removal permit application and accompanying documents, the city
manager or his designee will approve, approve with conditions, or disapprove the application.
Disapproved applications may be revised and resubmitted to the city free of charge.
(F) After the initial tree removal permit is issued, higher mitigation fees will apply to any differing trees
requested to be removed. These shall be mitigated at two times the standard fee described in
section 12-34-2-12.
(Ord. No. 91500-A-203 Ord. No. al 500-A-676, § 4, 8-11-15)
Removal of any protected tree(s) will require a tree removal permit and replacing or replanting of
tree(s) on site or on public land, as designated by the city manager or his designee. Required tree
replacement will be determined as follows:
(A) In as much as it is reasonable and feasible, replanting on the development or construction site
will be made to restore the original natural landscape character of the site.
1. Protected trees will be replanted at a replacement ratio of one inch DBH of replacerneWl
tree for each one inch DBH of removed tree,
2. Specimen trees will be replanted at a replacement ratio of ten inches DBH of replacement
tree for each one inch DBH of removed tree.
C Historic trees must be preserved and cannot be removed unless "hardship" is applied fwa
and approved by the city council. I
a. If a hardship is approved, trees shall be replanted at a replacement ratio of ten inches
DBH of replacement tree for each one inch Da H of removed tree.
4. Replacement trees must be a minimum of three inches DBH, seven feet in height, and be
of the same, or more desirable, protected species.
(B) To the extent that tree replacement is not feasible, the city manager or his designee shall
determine the amount of indemnification to be paid by the developer. Upon determination of
2021 - 202100194995 06/30/2021 11-57AM Page 45 of 60
indemnification, said payment shall be made to the City of Coppell Reforestation and natural
area funds based on amounts indicated which is as follows:
1. For protected trees, reparation will be made in the amount of $100.00 per one inch DBH for
trees less than 12 inches DBH and $200.00 per one inch DBH for trees 12 inches DBH and
greater.
2. For specimen trees, reparation will be made for the appraised value of the removed tree as
determined by CLTA (council of landscaping tree appraisers) guidelines.
3. Historic trees must be preserved and cannot be removed unless "hardship" is applied for
and approved by the city council.
a. If a hardship is approved, reparation will be made for the appraised value of the
removed tree as determined by CLTA (council of landscaping tree appraisers)
guidelines.
(C) If any protected and/or replacement tree dies within two years of initial planting or issuance of
certificate of occupancy and is brought to the attention of the city manager or his designee, the
original permit applicant shall be subject to the same replacement as a protected tree in section
12-34-2-12.
(D) Money paid in lieu of tree replacement made in compliance with article 34, division 2 shall be
considered contributions to the City of Coppell Reforestation and Natural Areas Fund. This fund
shall be used for purposes of, but not limited to:
ME=
2. Purchasing of wooded, natural areas, particularly floodplain acreage, to preserve these
highly -sensitive environmental areas for public protection and passive recreational
enjoyment.
3. Educational projects, such as construction of outdoor learning centers or classroom/group
tours led by foresters or park staff.
(E) Except for one six-month extension approved by the city manager or his designee due only to
seasonal limitations that would make planting of trees impractical and require an escrow deposit
in an amount equal to 110 percent of the estimated cost of tree planting, no certificate of
occupancy will be issued for any building or structure on the development or construction site
until all required tree replacement and/or monetary reparation has been made in full.
(Ord. No. 91500-A-203; Ord. No. 91500-A-292, § 1, 5-8-01; Ord. No. R_1500 -A-676, § 5,8-11-
15)
`r.1;11111:1 $.&E,1390 1i I - - - 6 . . I . I . I
Credits may be earned to reduce required tree replacement or money paid in lieu of tree
reDlacement. if a-tv- due n1in ra ' tr
(A) Non-residential property. The following credits shall be given to reduce the amount of
reparation incurred, if any, from development and construction on non-residential property
which is not adjacent to residential use (appendix K):
b. Only those trees in good condition, with an excellent prospect for long-term survival
and preserved in accordance with provision of this ordinance, shall be considered for
preservation credit.
2021 - 202100194995 06/30/2021 11-57AM Page 46 of 60
c. Non-residential property which is adjacent to residential use may qualify for the
preservation credit if a minimum 50 foot permanent buffer, meeting all tree protection
zone requirements, is maintained adjacent to all residential property lines.
MMKEZM��
a. For each one inch DBH of approved species tree planted on site, a landscaping credit
of one inch DBH shall be earTed.
b. This credit shall include any trees planted to fulfill city landscaping requirements.
C. The landscaping credit may be applied to offset up to 50 percent of required
reparation as provided in subsection 3,
3. Applicability of landscaping credit. In an exceptional case a landscape credit may be
applied to offset up to 50 percent of a required reparation as provided herein. An
exceptional case shall be defined by the city manager or his designee by adoption of
reasonable guidelines based on all of the following:
(a) Intensity/use of the development;
(b) Acreage and/or location of the property;
(c) The number of trees which may be affected;
(d) The location of the property in relation to surrounding development;
(e) Frontage on major thoroughfares;
(f) Environmental disruption or sensitivity to surrounding arboreal growth; and
(g) Disruption to surrounding wildlife.
These guidelines shall be adopted, and, may amended from time to time by resolution of the city
council.
(B) Residential and adjacent non-residential properties. The following credits, in exceptional cases,
as defined herein in section 12-34-2-13 (A) (3), shall be given to reduce the amount of
reparation incurred, if any, from development and construction on residential properties and
those non-residential properties adjacent to residential use that do not maintain a minimum of a
50 -foot permanent buffer, as described in section 12-34-2-13A above (appendix L).
1 . Determination of expected credit shall be made by the city manager or his designee upon
approval of a tree removal permit application. '
2. The city manager or his designee shall verify credits upon completion of the site
improvements, and for this purpose, may include an field inspection of the site.
3. If actual landscaping and tree preservation is not in accordance with the plan on which
credits were based, an adjustment shall be made and, if necessary, require the applicant to
make additional reparation either in the form of additional tree planting or contribution to
the City of Coppell Reforestation and Natural Areas Fund.
4. Only in exceptional cases may landscaping credit be given to reduce reparation incurred or
in the event of tree removal for floodplain reclamation purposes.
Each unauthorized tree removed shall constitute a distinct and separate offense and shall also be
punishable by the maximum fine allowed under law.
2021 - 202100194995 06130/2021 11-57AM Page 47 of 60
(Ord. No. 91500-A-203)
Sec. 12-34-2-15. - Appendices.
The following appendices are adopted by the city,
F - " t F W:.- - I
V
#1
7 inches
Post Oak
Iz
V
Intermediate
20%
31
31
02
10 inches
CMINVOW
Is,
12'
suppressed
30%
Gum
is,
12,
03
8.5 inches
Pad Oak
6'
:F
SIJWOO-d
15%
7
10,
#4
t21
Post Oak
Is,
V
Intaffnediate
50%
12'
V
85
11 Inches
Post Oak
18'
13'
Intermadate
50%
IF
9.
No
18 inches
Post Oak
9°
20'
Co to
60%
15,
15'
N7
17 inches
POW Oak
IV
is
CoDoniinate
70%
IV
G.
#8
17 inches
Post Oak
is,
iz
CoDomInate
60%
15'
15,
#9
18 Inches
Post Oak
2V
16
CoDominate
50%
12'
S.
#10
is inches
Post Oak
12'
V
Intermediate
40%
IV
IV
#11,
18'
Post Oak
201
V
Dominate
80%
16,
15'
#12
13 inches
Post Oak
12'
12
CoDominate
40%
91
is,
#13
15 Inches
Post Oak
ir
9
Dominate
90%
V
13'
#14
20 inches
Post Oak
24'
7'
Dominate
90%
2W
#IS
DEAD
#16
15 inches
Post Oak
12'
19
Dominate
80%
is,
2021 - 202100194995 06/30/2021 11-57AM Page 48 of 60
#17
11 inches
Post Oak
#18
10 inches
Post Oak
#19
9 inches
Post Oak
Appendix A (coafteed)
Sample Tree Survey
17
Is, 10, C400rdnete 50%
6.
01
Interrmdate 25%
01
16, lz Intermediate 25%
20'
Sample Tme Survey Conducted at Area Adjacent and North of Overton Bank, Coppd.
Approxknale Size of Area: 15,000 sqffl.
iw17" ..
#4 �#2#1
FR Nil #12
1 wast
1110 #17 East
#18
me #16 #19
#13 #15
#14
2021 - 202100194995 06/30/2021 11-57AM Page 49 of 60
Appendix B
fliustration of Methods or Tree Measurement
Diameter measurement. The • • the protected tree shall • measured as shown. The diameter •
a multi -trunk tree shall be determined by adding the total diameter of the largest trunk to one-half the
diameter of each additional trunk.
Appendix C
• of •♦ Trees
2021 - 202100194995 06/30/2021 11-57AM Page 50 of 60
Crown class is a description of the form of a tree relative to others in the stand, usually as dominant (D),
codominant (CO), intewi-ediate (1) a-fd suooressed (SI
Appendix C—Crown Class
Adapted from the Hazard Tree Assessment Program, Recreation and Park Department, City of San
Francisco.
Live crown ratio is the ratio of the foliage canopy to the total height of the tree. Trees grown in stands
usually have a lower live crown ratio than trees grown in the open.
Abbendix C—Crown Ratio
Adapted from A PhoWrauhic Guide to the Evaluation of Hazard Trees in Urban Areas (2nd Editionl. V.
0�•MMFFMMI=- M -M -M.-
2021 - 202100194995 06/30/2021 11-57AM Page 51 of 60
MUMS=
2021 - 202100194995 06/30/2021 11-57AM Page 52 of 60
Appendix G
r sI
2021 - 202100194995 06/30/2021 11-57AM Page 53 of 60
Appeaft E -I
Illustration of Acceptable Tree Protection Are. ening
Appendix F
I
I
R111
All
I
2021 - 202100194995 06/30/2021 11-57AM Page 54 of 60
Appendix H
Illustration of Methods to Ameliorate Grade Change
Date:
=. -T. 77 aw, I M- 17,
Appendix I
Tree Removal Permit Application
TREE REMOVAL PERMIT APPLICATION
City of Coppell, Texas
Permit Number:
2021 - 202100194995 06/30/2021 11-57AM Page 55 of 60
Phone:
Property Owner Name:
Contractor:
SPECIES REASON FOR
REMOVAL
Attach additional sheets as necessary.
This application must be accompanied by a Plan or Preliminary Plat of the site.
Proposed new development must attach a Tree Survey.
I understand this application is subject to all rules and regulations pertaining to Section 34-11 of the
Zoning Ordinance Code Book of the City of Coppell, Texas.
Applicant Signature:_
For Staff Use Only
Approved/Disapproved By: Date:
Comments:
Fee Paid: Receipt No.
Appendix J
1. DETERMINATION of GROSS RETRIBUTION
for
PROTECTED TREES
Determination in Inches:
INCHES (DB) of TREE REMOVED
times (x) I inch
2021 - 202100194995 06/30/2021 11-57AM Page 56 of 60
GROSS RETRIBUTION in INCHES (DBH)
Determination in Dollars:
GROSS RETRIBUTION in INCHES (DBH)
times $100.00
equals
GROSS RETRIBUTION in DOLLARS
inches (DBH)
inches (DBH)
x $100.00
FF
2. DETERMINATION of GROSS RETRIBUTION
for
SPECIMEN and HISTORIC TREES
Determination in Inches:
INCHES (DBH) of TREE REMOVED
times (x) 10 inches
equals
GROSS RETRIBUTION in INCHES (DBH)
inches (DBH)
X.1019
inches (DBH)
2021 - 202100194995 06/30/2021 11-57AM Page 57 of 60
Determination in Dollars:
The appraised value of the tree as determined by the Council of Landscaping Tree Appraisers (CLIA)
Guidelines.
Appendix K
DETERMINATION of RETRIBUTION CREDITS
Non -Residential Property
GROSS RETRIBUTION inches (DBH)
minus
PRESERVATION CREDIT:
Trees Preserved on Site inches (DBH)
divided by
fi
Total Trees on Site inches (DBH)
equals
Preservation Percentage %
times (x)
Gross Retribution inches (DBH)
equals
2021 - 202100194995 06/30/2021 11-57AM Page 58 of 60
minus
equals
NET RETRIBUTION
times (x) $100.00
equals(=)
CONTRIBUTION to CITY of COPPELL
REFORESTATION and NATURAL AREAS FUND
NMNMB��
_F -I inches (DBH)
inches (DBH)
X $100.00
Appendix L.
DETERMINATION of RETRIBUTION CREDITS
Residential and Adjacent Non-residential Property
GROSS TREE RETRIBUTION inches (DBH)
minus
LANDSCAPING CREDIT inches (DBH)
equals (=)
NET RETRIBUTION
times (x) $100.00
inches (DBH)
X $100.00
2021 - 202100194995 06/30/2021 11-57AM Page 59 of 60
equals(=)
NET RETRIBUTION in DOLLARS
NET RETRIBUTION in DOLLARS
minus
PARK IMPACT FEE CREDIT:
Number of lots lots
times (x)
Park Impact Fee ix $1,285 (or current
fee)
equals
PARK IMPACT FEE CREDIT
equals
CONTRIBUTION to CITY of COPPELL REFORESTATION and NATURAL AREAS
FUND
2021-202100194995 06/30/2021 12:03 PM Page 60 of 60
Recorded On: June 30, 2021 11:57 AM
Total Recording: $258.00
Dallas County
John F. Warren
Dallas County Clerk
Instrument Number: 202100194995
eRecording - Real Property
Number of Pages: 60
" Examined and Charged as Follows: "
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number:
Receipt Number:
202100194995
20210630000527
Recorded Date/Time: June 30, 2021 11:57 AM
User:
Station:
Blanca M
CC04
Record and Return To:
eRecording Partners
400 Second Avenue South
Minneapolis MN 55401
STATE OF TEXAS
`OVHTY, % COUNTY OF DALLAS
* I hereby certify that this Instrument was FILED In the File Number sequence an the date/time
i printed hereon, and was duly RECORDED in the Official Records of Dallas
County, Texas.
John F. Warren
Dallas County Clerk
Dallas County, TX