HomeMy WebLinkAbout027786 RES - 07/29/2008RESOLUTION
DECLARING AND DEDICATING A 4.000 -ACRE (174,246 S.F.)
TRACT OF LAND (WETLAND PRESERVATION SITE, TRACT#1)
AND A 2.273 -ACRE (99,030 S.F) TRACT OF LAND (WETLAND
BUFFER ZONE, TRACT #2) AS A WETLAND PRESERVE;
AUTHORIZING THE CITY MANAGER AND DESIGNEE TO
EXECUTE AND RECORD THE ATTACHED REAL ESTATE
INSTRUMENT TO THAT EFFECT; AND AUTHORIZING THE
CITY MANAGER AND DESIGNEE TO TAKE ACTIONS
NECESSARY TO MAINTAIN THE PROPERTY AS A WETLAND
PRESERVE SUBJECT TO AND IN ACCORDANCE WITH THE
SUCCESS CRITERIA IN THE "FINAL WETLAND MITIGATION
PLAN FOR MASTER CHANNEL 27 DRAINAGE
IMPROVEMENTS," AS REVISED ON JANUARY 29, 2008,
DEPARTMENT OF THE ARMY PERMIT NO. 24328.
WHEREAS, one of the goals of the Clean Water Act is to prevent the
degradation of the Nation's waters, including the needless destruction of
wetlands; and
WHEREAS, under Section 404 of the Clean Water Act (33 U.S.C. 1344), the
scope and location of certain activities, including placing dredged or fill material
into "waters of the United States, including wetlands," require a permit from the
U.S. Army Corps of Engineers before beginning any activity; and
WHEREAS, the scope and location of the City's Master Channel 27 Drainage
Improvements Project #2263 indicated a "Section 404 Permit"; and
WHEREAS, the U.S. Army Corps of Engineers, Galveston District Office, issued
Department of the Army Permit Number 24328, which requires that the City
perform the authorized activity in accordance with the Permit's terms and special
conditions. The special conditions require authorized losses of wetlands and
other waters be offset by restored, enhanced, and created wetlands that replace
those lost acres, functions and values; and
WHEREAS, as mitigation for authorized losses of wetlands, the City has
acquired and desires to dedicate as a wetland preserve a 4.000 -acre (174,246
S.F.) tract of land (Wetland Preservation Site, Tract #1), as well as a 2.273 -acre
(99,030 S.F) tract of land (Wetland Buffer Zone, Tract #2) to act as a buffer zone
to ensure that there will be no encroachment of development on the preserve;
and
WHEREAS, for unavoidable impacts to waters of the United States, this
protected land, which is located within the 100 -year Floodplain, will be monitored
by the City and held in perpetuity as a wetland preserve; and
027786
C:\Documents and Settings\veronicao\Desktop\RESO 2 preserve as wetland.doc
WHEREAS, the purpose and intent of this Resolution is to assure that the
subject lands will always be retained and maintained forever predominantly in the
vegetative and hydrologic condition described in the success criteria of the
"Final Mitigation Plan for Master Channel 27 Drainage Improvements," as
Revised January 29, 2008, under the City's Section 404 Permit No. 24328; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CORPUS CHRISTI, TEXAS:
SECTION 1. That a 4.000 -acre (174,246 S.F.) tract of land (Wetland
Preservation Site, Tract #1) and a 2.273 -acre (99,030 S.F) tract of land (Wetland
Buffer Zone, Tract #2), real property owned by the City, more particularly
described by metes and bounds, and as shown in the accompanying map
(Exhibit "A") (collectively referred to herein as the "Protected Property") is land
hereby declared and dedicated as a Wetland Preserve, to be monitored by the
City and held in perpetuity as a wetland preserve.
SECTION 2. This authorizes the City Manager and designee to sign and record
the attached real estate instrument to that effect: "Dedication of Wetland
Preserve and Deed Restriction," (Exhibit "B").
SECTION 3. This authorizes the City Manager and designee to take other
actions that are, in their judgment, necessary to maintain and preserve the
Protected Property as a wetland preserve subject to and in accordance with the
success criteria in the "Final Wetland Mitigation Plan for Master Channel 27
Drainage Improvements," as revised on January 29, 2008, Department of the
Army Permit No. 24328.
SECTION 4. This Resolution takes effect immediately from and after its
passage.
ATTEST:
2fVVVtvLO ek9Cando Chapa Henry Gar
City Secretary Mayor
CITY OF CORPUS CHRISTI
Approvedas lt�oform:10-Jul-08
By: (\('rl
Veronica Ocafias
Assistant City Attorney
for City Attorney
C:\Documents and Settings\veronicao\Desktop\RESO 2 preserve as wetland.doc
&1 day of
2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
4
"4°4
afit
02 7786
C:\Documents and Settings\veronicao\Desktop\RESO 2 preserve as wetland.doc
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Loi 11
L & L Fomity Partnership. LTD.
55.955 Acres out of Lots 5-A
6-A, 7-A, & all o/ Lots 9-11, Sec. 26
F.B. & E.F. & G.T.
DOC/ 1998053979. 0.P.R.N.C.T.
40' Roadway Eosement
Vol. A Pg. 4/-43, M.R,N.CT
(Unimproved Rood)
(Record = S 61'00'00" E)
-S 61'20'15" E-644.47'-
5/8' Iron
Rod W/Cop
Stomped
Naismith Eng,
C. C. TX'
County Road
IS 61'20'15" E
75.00'
S 61'20'15" E
89.17' Zn
s X408'2
Lot 10
*POC
* 5/8" Iron
Rod Set
—5 6120'15" E-434.24'-
12.23'
5/8" Iron-/ S 28'45'08" W-169.92'
Rod Found (Record = S 29'00'00"
POB -TRACT 2 _
POB- TRACT 11, Ll
S 61'20'15" EL2
434.24" to P.a.N.
o1p
313
sAt' Iron
Rod S.1
TTRA6T 2 •
Or Zone
Al oc!
05/27/06
Page 1 or3
STATE OF TEXAS
COUNTY OF NUECES
TRACT 1
WETLAND PRESERVE SITE
BEING A 4.000 ACRE (174,246 S.F.) TRACT OF LAND OUT OF
THAT CERTAIN 3.5 ACRE TRACT OF LAND DESCRIBED IN
DOCUMENT NO. 985385 OF THE OFFICIAL PUBLIC RECORDS
OF NUECES COUNTY, TEXAS AND OUT OF THAT CERTAIN
11.212 ACRE TRACT OF LAND DESCRIBED IN VOLUME 1854,
PAGES 648-651, TRACT A, OF THE DEED RECORDS OF
NUECES COUNTY, TEXAS, SAID 3.5 ACRE TRACT AND 11.212
ACRE TRACT BEING OUT OF LOTS 20 AND 21, SECTION 26 OF
THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME A,
PAGES 41-43, OF THE MAP RECORDS OF NUECES COUNTY,
TEXAS, SAID 4.000 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING at a set 5/8 inch iron rod with a plastic cap stamped "MAVERICK
ENGR. CORPUS CHRISTI, TX, BOUNDARY MARKER" for the northeast comer of
said 3.5 acre tract of land, same point being located on the south boundary line of that
certain 55.955 acre tract of land as described in Document No. 1998053979 of said
Official Public Records, same line being the common boundary line of Lots 10 and 21, of
said Section 26 of the Flour Bluff and Encinal Farm and Garden Tracts, and from which
point a set 5/8 inch iron rod with a plastic cap stamped "MAVERICK ENGR. CORPUS
CHRISTI, TX, BOUNDARY MARKER" for the common corner of Lots 9, 10, 21, & 22
of said Section 26, bears South 61°20'15" East, a distance of 434.24 feet, said set
common comer bears North 28°38'53" East, a distance of 13.47 feet from a found 5/8
inch iron rod located on the common boundary line of Lots 21 and 22;
THENCE South 28°45'08" West (Record = South 29°00'00" West), with the east
boundary line of said 3.5 acre tract of land and leaving the common boundary line of said
Lots 10 and 21, at 12.23 feet pass a found 5/8 inch iron rod, at a distance of 20.00 feet
pass the south boundary line of a 40 foot wide roadway easement (unimproved), recorded
in Volume A, Pages 41-43, of said Map Records, in all a total distance of 169.92 feet to a
set 30 inch aluminum rod with aluminum cap stamped "CITY OF CORPUS CHRISTI
WETLAND PRESERVE", "MAVERICK ENGR. INC. CORPUS CHRISTI, TX";
THENCE North 61°20'15" West, a distance of 50.00 feet, to a set 30 inch aluminum rod
with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND PRESERVE",
"MAVERICK ENGR. INC. CORPUS CHRISTI, TX", for the POINT OF
BEGINNING and for the northeast corner of said tract herein described;
Wetland Preserve Site.doo Initials 7/`
Exhibit "A"
Page 2 of 7
05/27/08
Page 2 of 3
THENCE South 28°45'08" West, a distance of 275.15 feet to a set 30 inch aluminum
rod with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND
PRESERVE", "MAVERICK ENGR. INC. CORPUS CHRISTI, TX", for the southeast
corner of said tract herein described;
THENCE North 58°11'39" West, a distance of 160.94 feet to a set 30 inch aluminum
rod with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND
PRESERVE", "MAVERICK ENGR. INC. CORPUS CHRISTI, TX", for a corner of said
tract herein described, same point being located on the west boundary line of said 3.5
acre tract and on the east boundary line of that certain 11.212 acre tract of land as
recorded in Volume 1854, Page 648 of the Deed Records of Nueces County, Texas;
THENCE North 53°08'04" West, a distance of 381.10 feet to a set 30 inch aluminum
rod with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND
PRESERVE", "MAVERICK ENGR. INC. CORPUS CHRISTI, TX" for a comer of said
tract herein described;
THENCE North 81°33'09" West, a distance of 205.22 feet to a set 30 inch aluminum
rod with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND
PRESERVE", "MAVERICK ENGR. INC. CORPUS CHRISTI, TX", for the southwest
corner of said tract herein described;
THENCE North 28°46'43" East, a distance of 242.86 to a set 30 inch aluminum rod with
aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND PRESERVE",
"MAVERICK ENGR. INC. CORPUS CHRISTI, TX", for the northwest corner of said
tract herein described;
THENCE South 61°20'15" East, a distance of 89.17 feet to a set 30 inch aluminum rod
with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND PRESERVE",
"MAVERICK ENGR. INC. CORPUS CHRISTI, TX", for a corner of said tract herein
described;
THENCE South 74°08'23" East, a distance of 180.52 feet to a set 30 inch aluminum rod
with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND PRESERVE",
"MAVERICK ENGR. INC. CORPUS CHRISTI, TX", for a corner of said tract herein
described;
THENCE South 61°20'15" East, a distance of 304.46 feet to a set 30 inch aluminum rod
with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND PRESERVE",
MAVERICK ENGR. CORPUS CHRISTI, TX", for a corner of said tract herein
described, same point being located on the west boundary line of said 3.5 acre tract and
on the east boundary line of said 11.212 acre tract of land;
THENCE South 61°20'15" East, a distance of 160.75 feet, to the POINT OF
BEGINNING and containing an area of 4.000 acres (174,246 S.F.) of land, more or less.
Wetland Preserve Site.doo Initials
Exhibit "A"
Conn z s 7
05/27/08
Page 3 of 3
Bearings are based on the Texas Coordinate System of 1983 (South Zone) and referenced
to the monumented west right-of-way line of County Road 7B.
A survey plat of even date was prepared and is made a part of this metes and bounds
description.
All references to record data (Record = ***) indicate information as cited in Document
No. 985385 of the Official Public Records ! Zeces County, Texas,
di Evans, R.P.L.S. 5373
Maverick Engineering, Inc.
400 Mann Street, Suite 200
Corpus Christi, Tx. 78412
Phone- (361) 696-3726
Wetland Preserve Site.doc InitialteEj
Exhibit "A"
Paae 4 of 7
STATE OF TEXAS
COUNTY OF NUECES
TRACT 2
WETLAND BUFFER ZONE
05/27/08
Page 1 of 3
BEING A 2.273 ACRE (99,030 S.F.) TRACT OF LAND OUT OF
THAT CERTAIN 3.5 ACRE TRACT OF LAND DESCRIBED IN
DOCUMENT NO. 985385 OF THE OFFICIAL PUBLIC RECORDS
OF NUECES COUNTY, TEXAS AND OUT OF THAT CERTAIN
11.212 ACRE TRACT OF LAND DESCRIBED IN VOLUME 1854,
PAGES 648-651, TRACT A, OF THE DEED RECORDS OF
NUECES COUNTY, TEXAS, SAID 3.5 ACRE TRACT AND 11.212
ACRE TRACT BEING OUT OF LOTS 20 AND 21, SECTION 26 OF
THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN
TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME A,
PAGES 41-43, OF THE MAP RECORDS OF NUECES COUNTY,
TEXAS, SAID 2.273 ACRE TRACT BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING at a set 5/8 inch iron rod with a plastic cap stamped "MAVERICK
ENGR. CORPUS CHRISTI, TX, BOUNDARY MARKER" for the northeast corner of
said 3.5 acre tract of land, same point being located on the south boundary line of that
certain 55.955 acre tract of land as described in Document No. 1998053979 of said
Official Public Records, same line being the common boundary line of Lots 10 and 21, of
said Section 26 of the Flour Bluff and Encinal Farm and Garden Tracts, and from which
point a set 5/8 inch iron rod with a plastic cap stamped "MAVERICK ENGR. CORPUS
CHRISTI, TX, BOUNDARY MARKER" for the common corner of Lots 9, 10, 21, & 22
of said Section 26, bears South 61°20'15" East, a distance of 434.24 feet, said set
common corner bears North 28°38'53" East, a distance of 13.47 feet from a found 5/8
inch iron rod located on the common boundary line of Lots 21 and 22;
THENCE South 28°45'08" West (Record = South 29°00'00" West), with the east
boundary line of said 3.5 acre tract of land and leaving the common boundary line of said
Lots 10 and 21, at 12.23 feet pass a found 5/8 inch iron rod, at a distance of 20.00 feet
pass the south boundary line of a 40 foot wide roadway easement (unimproved), recorded
in Volume A, Pages 41-43, of said Map Records, in all a total distance of 169.92 feet to a
set 30 inch aluminum rod with aluminum cap stamped "CITY OF CORPUS CHRISTI
WETLAND PRESERVE", "MAVERICK ENGR. INC. CORPUS CHRISTI, TX" for the
POINT OF BEGINNING and the northeast corner of said tract herein described;
Wetland BufferZone.doa Initiate /;;
Exhibit "A"
0527/08
Page 2 of 3
THENCE South 28°45'08" West (Record = South 29°00'00" West), with the east
boundary line of said 3.5 acre tract of land a distance of' 353.65 feet to a set 30 inch
aluminum rod with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND
PRESERVE", "MAVERICK ENGR. INC. CORPUS CHRISTI, TX" for the southeast
corner of said tract herein described;
THENCE North 58°11'39" West, a distance of 211.00 feet to a set 30 inch aluminum
rod with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND
PRESERVE", "MAVERICK ENGR. INC. CORPUS CHRISTI, TX" located on the west
boundary line of said 3.5 acre tract of land and on the east boundary line of that certain
11.212 acre tract of land, as recorded in Volume 1854, Page 648 of the Deed Records of
Nueces County, Texas, for a corner of said tract herein described;
THENCE North 53°08'04" West, a distance of 372.81 feet to a set 30 inch aluminum
rod with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND
PRESERVE", "MAVERICK ENGR. INC. CORPUS CHRISTI, TX" for a corner of said
tract herein described;
THENCE North 81°33'09" West, a distance of 294.00 feet, to a set 30 inch aluminum
rod with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND
PRESERVE", "MAVERICK ENGR. INC. CORPUS CHRISTI, Tr located on the east
right-of-way line of said County Road 7B, a description of which is recorded in Volume
1917, Page 639, of said Deed Records of Nueces County, Texas, for the southwest corner
of said tract herein described;
THENCE North 28°46'43" East (Record = North 29°00'00" East), with said east right-
of-way line of said County Road 7B a distance of 350.48 to a set 30 inch aluminum rod
with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND PRESERVE",
"MAVERICK ENGR. INC. CORPUS CHRISTI, TX" for the northwest corner of said
tract herein described;
THENCE South 61°20'15" East, a distance of 75.00 feet, to a set 30 inch aluminum rod
with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND PRESERVE",
"MAVERICK ENGR. INC. CORPUS CHRISTI, TX" for a corner of said tract herein
described;
THENCE South 28°46'43" West, a distance of 242.86 feet, to a set 30 inch aluminum
rod with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND
PRESERVE", "MAVERICK ENGR. INC. CORPUS CHRISTI, TX" for a corner of said
tract herein described;
THENCE South 8193'09" East, a distance of 205.22 feet, to a set 30 inch aluminum rod
with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND PRESERVE",
"MAVERICK ENGR. INC. CORPUS CHRISTI, TX" for a corner of said tract herein
described;
Wetland Buffer Zone.doc Initials
Exhibit "A"
Pace 6 of 7
05mrog
Page 3 of 3
THENCE South 53°08'04" East, a distance of' 381.10 feet to a set 30 inch aluminum rod
with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND PRESERVE",
"MAVERICK ENGR. INC. CORPUS CHRISTI, TX" located on the west boundary line
of said 3.5 acre tract of land and on the east boundary line of said 11.212 acre tract for a
corner of said tract herein described;
THENCE South 58°11'39" East, a distance of 160.94 feet to a set 30 inch aluminum rod
with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND PRESERVE",
"MAVERICK ENGR. INC. CORPUS CHRISTI, TX" for a comer of said tract herein
described;
THENCE North 28°45'08" East, a distance of' 275.15 feet to a set 30 inch aluminum rod
with aluminum cap stamped "CITY OF CORPUS CHRISTI WETLAND PRESERVE",
"MAVERICK ENOR. INC. CORPUS CHRISTI, TX" for a corner of said tract herein
described;
THENCE South 61°20'15" East, a distance of 50.00 feet to the POINT OF
BEGINNING and containing 2.273 acres (99,030 S.F.) of land, more or less.
Bearings are based on the Texas Coordinate System of 1983 (South Zone) and referenced
to the monumented west right-of-way line of County Road 7B.
A survey plat of even date was prepared and is made a part of this metes and bounds
description.
All references to record data (Record = ***) indicate information as cited in Document
No. it 385 of the Official Public Records o Nueces County, Texas.
di Evans, R.P.L.S. 5373
Maverick Engineering, Inc.
400 Mann Street, Suite 200
Corpus Christi, Tx. 78412
Phone- (361) 696-3726
Wetland Buffer Zone.doc
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Exhibit "A"
DEDICATION AS A WETLAND PRESERVE and DEED RESTRICTION
The CITY OF CORPUS CHRISTI is the owner of certain real property, to wit: a 4.000 -acre
(174,246 S.F.) tract of land (Wetland Preservation Site, Tract #1) and a 2.273 -acre (99,030 S.F)
tract of land (Wetland Buffer Zone, Tract #2), more particularly described and shown in the
attached map and metes and bounds description (Exhibit "A") (collectively referred to herein as
the "Property").
The City hereby dedicates the Property for a wetland preserve, a special condition of the
"Department of the Army Permit Number 24328," dated 2/5/08, and the "Final Wetland
Mitigation Plan for the Master Channel 27 Drainage Improvements, Revised 1/29/08,"
(Mitigation Plan).
One of the conditions of DA Permit Number 24328 requires the City, as Owner, to place
restrictions on the deed for the Property for the purpose of providing compensation for adverse
impacts to waters of the United States.
This dedication and instrument is to assure that the Property will be retained and maintained
forever predominantly in the natural vegetative and hydrologic condition described in success
criteria of said Mitigation Plan.
Activities which may, in the future, be conducted within the Property, that will affect the
vegetative and or the hydrologic conditions outlined in the success criteria of the Mitigation
Plan, must be coordinated with and approved by the United States Army Corps of Engineers
(USACE), Galveston District, Regulatory Branch, prior to beginning the activity.
The Property is subject to the following conditions:
1) Property Description: Attachment A-1:
a) Exhibit "A" -- Map and Accompanying two Metes & Bounds, Tract 1#1 & Tract
#2
b) Exhibit "B" from the "Department of the Army Permit Number 24328," dated
2/5/08, and "Final Wetland Mitigation Plan for the Master Channel 27 Drainage
Improvements, Revised 1/29/08";
c) On-site photographs taken at appropriate locations on the Protected Property
including all major natural features;
c) A copy of the deed to the Property, with an accurate legal description or a current
survey certified by a Texas Registered Professional Land Surveyor (RPLS) of the
Protected Property;
d) A copy of a verified wetland survey map, which delineates all waters of the United
States, including wetlands within the Property.
DEDICATION AS A WETLAND PRESERVE & DEED RESTRICTION
072908 Resolution
Exhibit B
Page 1 of 4
2) Term
These restrictions run with the land in perpetuity and are binding on the Owners and
transferees, future owners, heirs, successors, administrators, assigns, lessees, or other
occupiers and users. Owner is filing this Wetland Preserve Dedication of record with the
County Clerk of Nueces County, Texas within 10 days of the date this document is
signed, and will provide a copy of the recorded instrument to the USACE, Galveston
District within 30 days of filing.
3) General
Except for the specific activities, as authorized under DA Permit Number 24328, the
following activities are prohibited on the Property subject to this Dedication:
I
(a) There must be no filling, excavation, mining, or alteration of the Property that
will affect the success criteria outlined in the Mitigation Plan unless approved
in writing in advance by the USACE, Galveston District.
(b) If the Property is ever sold, the City must require the future owner and
transferee to sign a sworn notice of transfer acknowledging the deed
restrictions herein, and a copy of the signed notice of transfer, as well as a
copy of Permit # 24328, must be forwarded to the Galveston District Office
to validate the transfer of the authorization.
(c) If the Property is ever sold, the City must require the future owner and
transferee to sign a sworn notice of transfer acknowledging the deed
restrictions herein, and a copy of the signed notice of transfer, as well as a
copy of Permit # 24328, must be forwarded to the Galveston District Office
to validate the transfer of the authorization.
(d) This Property must be used in perpetuity for the purposes for which it was
acquired. This Property was acquired for a wetland preserve under the
Section 404 of the Clean Water Act (33 U.S.C. 1344). If the Property is ever
sold or used for purposes contrary to those for which it was acquired, the
United States Army Corps of Engineers, Galveston District Office must be
notified, and the Property reverts back to the City of Corpus Christi, to
forever be held in perpetuity as a dedicated wetland preserve under Section
404 of the Clean Water Act (33 U.S.C. 1344).
4) Rights of Access and Entry
The IJSACE has the right to enter and go upon the Property to inspect, and to take
actions including but not limited to scientific or educational observations and studies,
and collection of samples.
DEDICATION AS A WETLAND PRESERVE & DEED RESTRICTION
072908 Resolution
Exhibit B
Page 2 of 4
5) Enforcement
In the event of a breach of the restrictions by the Owner, or a third party working with
the permission of or under the direction of the Owner, the USACE must be notified
immediately. If the USACE becomes aware of a breach of this Agreement, the USACE
will notify the Owner of the breach. The Owner will have 30 days after receipt of the
notice to take actions that are reasonably calculated to swiftly correct the conditions
constituting the breach. If the Owner corrects the conditions constituting the breach in a
timely and reasonable manner, no further action is warranted or authorized. If the Owner
fails to begin to take the said corrective action within 30 days or fails to complete the
necessary corrective action, the USACE may take actions, including legal proceedings,
as are necessary to effect the corrective action. Any forbearance on the part of the
USACE to exercise its rights in the event of a breach of the restrictions must not be
deemed or construed to be a waiver of their rights hereunder in the event of any
subsequent failure of the Property owner to comply.
OWNER- THE CITY OF CORPUS CHRISTI
By:
George K. Noe, City Manager
Approved as to legal form this
By:
STATE OF TEXAS
COUNTY OF NUECES
of , 2008.
Veronica Ocanas, Assistant City Attorney
ACKNOWLEDGMENT
This instrument was acknowledged before me on , 2008, by George K. Noe, as
City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said
corporation.
Notary Public, State of Texas
DEDICATION AS A WETLAND PRESERVE & DEED RESTRICTION
072908 Resolution
Exhibit B
Page 3 of 4
AFTER RECORDING RETURN TO:
CITY OF CORPUS CHRISTI
Department of Engineering Services
PROPERTY AND LAND ACQUISITION DIVISION
P. O. Box 9277
Corpus Christi, Texas 78469-9277
DEDICATION AS A WETLAND PRESERVE & DEED RESTRICTION
072908 Resolution
Exhibit B
Page 4 of 4