a required for construction and of easement State to Highway Loop 12/Walton Walker Boulevard, require the conveyance 296,757 square feet

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1 WHEREAS, determined that to construct development and is necessary; WHEREAS, said for Creek and TxDOT eement COUNCIL CHAMBER April 27, 2016 City of Dall owns land known Elm Fork Greenbelt and TxDOT a construction is and in public a required for construction and of to Highway Loop 12/Walton Walker Boulevard, and temporary compensatory storage area improvements use improvements Greenbelt, described requires State eement needed proper h interest require of a construction of approximately of land from Elm Fork in Exhibit A, and a part hereof, a to its federal, and local regulatory of this parkland is and Park and Board of City of to providing property for this use; and conveyance 296,757 square feet compensatory storage area attached hereto meet stormwater storage requirements, because use accomplish purpose, necessary Dall is to agreeable WHEREAS, in TxDOT will pay by an determined consideration for fair market value of this and conveyance independent appraisal; of a eement, Recreation temporary or temporary made state, construction in-kind value, equivalent eement, WHEREAS, notice, and bidding of 253 and 272 of Local not applicable when a municipality is conveying an interest in land to an entity with domain authority; Tex referendum, Government Code are eminent requirements Chapter WHEREAS, a public hearing held on March 23, 2016, required by and Wildlife 26, Section ), to is no and alternative to this of this parkland and planning to minimize harm to Elm Fork Greenbelt h been taken. Parks that re reonable w Code (Chapter prudent feible and through use Tex determine that all Now, Therefore, BE IT RESOLVED BY THE PARK AND RECREATION BOARD AND THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That, determined that re purpose stated to park and That a result of public hearing held on March 23, 2016, it is is no alternative to of parkland for in this resolution all planning to minimize harm surrounding parkland feible and prudent adjacent and that hereby approves reonable h been taken. SECTION 2. City of Dall and for construction of a including in City of Dall of right of by TxDOT for in land by Exhibit A, required in conjunction with construction of Highway Loop 12/Walton Walker Boulevard. proposed temporary construction eement exercise area, becomes necessary, interests use authorizes hereby use for a compensatory storage eminent eement, improvements domain, if identified in to such State

2 COUNCIL CHAMBER April 27, 2016 SECTION 3. That, since TxDOT s use of eminent domain for acquiring use of this tract by temporary construction eement h been authorized, Park and Recreation Board h approved, and public hearing with appropriate determinations h been held, City Manager, upon approval to form by City Attorney, is authorized to execute a temporary construction eement for a portion of Elm Fork Greenbelt, subject to Agreement, to this resolution, and to all of following terms and conditions: a. TxDOT and its Contractor shall covenant to City: 1. To observe safety regulations; 2. To not be detrimental to park; 3. To comply with health, safety, noise, environmental protection, wte disposal, water and air quality regulations; 4. To keep adjacent park area free from construction debris and wte; 5. To bear all costs of construction, operation and maintenance of transportation facility and improvements and to bear all costs sociated with temporary construction eement; 6. To do all work within park and surrounding are in a good and workmanlike manner under supervision of Director of Park and Recreation Department (PARD); 7. To not convey to anor any interest in eement tract, or any portion reof, without prior, written consent of City; 8. That use of temporary construction eement shall be for meeting TxDOT s project requirements for construction of improvements to State Highway Loop 12/Walton Walker Boulevard. b. The term of temporary construction eement shall be for completion of project plus a two-year maintenance period which shall include: 1. Removal of approximately 18,273 cubic yards of materials, required, and proper disposal of such materials offsite. Materials removed from compensatory storage area shall include subsoil and all construction debris, all illegally dumped materials existing on site, and vegetation. Topsoil, if any exists, shall not be removed;

3 COUNCIL CHAMBER April 27, 2016 SECTION 3. (Continued) 2. After removal of required materials area shall be graded to match current topography and sheet flow which is sourly towards Elm Fork of Trinity River. The site shall have no are of ponding and grades of compensatory storage area shall match surrounding topography; 3. After grading is completed and approved by Director of PARD site shall be prepared for an ecological restoration using a native prairie seed and plant plug mix. Before planting site may require a rest period seeded with a temporary cover crop of cereal rye (Secale cereale ) and Virginia wildrye (Elymus virginicus); 4. Restoration of site shall include, approved and required by Director of PARD, a combination of a prairie seed mix and plant plugs, topsoil and or soil amendments, if needed, and irrigation. Restoration and maintenance shall be performed by a qualified contractor approved by Director of PARD; 5. Upon completion of seeding site with an approved seed mix TxDOT shall maintain site for a minimum of two years, or until end of seon of second year of restoration, maintenance which may include, approved by Director of PARD: reseeding, planting of plant plugs, weeding, mowing, controlled burns, irrigation, and or land management required; 6. TxDOT is responsible for obtaining all permits, fees, and meters and is responsible for all costs sociated with fulfillment of requirements of this resolution and temporary construction eement agreement; 7. At completion of two-year maintenance period site will be evaluated by Director of PARD. Should site be more than fifty-percent weed species, maintenance by TxDOT shall continue until such that fifty-percent minimal cover of prairie plants is established. c. The City retains right to inspect eement tract and adjacent park and adjacent park are for violations of covenants listed in subsection a. d. TxDOT shall provide City with a procedure for reentering and taking possession of eement tract should TxDOT abandon tract or violate covenants listed in subsection a. 1. A performance bond may be required for compliance with provisions of this resolution and terms of temporary construction eement.

4 COUNCIL CHAMBER April27, 2016 SECTION 3. (Continued) e. TxDOT shall not of park property Director of Park 4.That accordance enter outside for work of and Recreation purposes or disturb or land tract without consultation with Department. eement SECTION this resolution shall in with provisions of accordingly so resolved. psage take surface subsurface effect immediately from and its of City of Dall, and it is Charter after CiTY CCiUNCT[ It APR LZct

5 RE: CITY OF DALLAS SCALE: 1 = 200 FiELD NOTES DESCRIBING A SQUARE FOOT ACRES) COMPENSATORY STORAGE AREA TO BE GRANTED TO SOUTHGATE CONSTRUCTORS FROM THE CITY OF DALLAS 296,757 City of Dall Dall County (6.813 ci ? Exhibit A I of5 S E %.- L 0 e C.M. o. I BLOCK CITY OF DALLAS c. N. C. N. VOL. 244 PG. 425 (UNPLATTED) / -, /.9. NaO;5 E 6488 GLENDELA, L.P. VOL , PG P.R. 0. C. (UNPLATTED) CURVE DATA ARC LENGTH RADIUS DELTA TANGENT CHORD 2 N E / P. R.D.C. T. M.R.O.C.T. D.R.D.C.T. P.0.8. CM LEGEND = / S E /8 IRON ROD FOUND 1/2 IRON ROD SET WITH PLASTIC CAP MCGRAY MCGRAY OFFICIAL PUBUC RECORDS, DALLAS COUNTY, TEXAS MAP RECORDS, DALLAS COUNTY, TEXAS DEED RECORDS, DALLAS COUNTY. TEXAS POINT OF BEGINNING PROPERTY UNE CDNTROWNG MONUMENT N W / // /, P. 0. B, BLOCK BLOCK, Z SANDY LANE S E FILIBERTO AGUIRRE TRACT 1 DOC P.R. D.C. CUNPLATT ED -FILIBERTO AGUIRRE TRACT 2 DCC P.R. D.C. UNPLATTED NO RIGHT OF WAY DEDICATION FOUND RoW VARiES) 30 RIGHT OF WAY DEDICATION PER PLAT DCC LOT 1 0.P.R.D.C.T. BLOCK A/8363 LAND SCULPTURE ADDITION DOC P.R. D.C. T. I.E. P. PROPERTIES, LLC DOC AND DOC P.R. D.C. BLOCK 8363 NOTES: 1. THE BEARINGS SHOWN HEREON ARE BASED ON THE STATE PLANE COORDINATE SYSTEM. TEXAS NORTH CEN1RAL ZONE (4202). NORTH AMERICAN OATUM OF THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TIThE COMMITMENT. A0DONAL ENCUMBRANCES MAY AFFECT THIS EASEMENT.,.1 \ / / V LAND COMPENSATORY STORAGE AREA ACRES OR 296,757 SQ. FT. CITY OF DALLAS, DALLAS COUNTY. TEXAS SURVEYED BY: j MCGRAY & MCGRAY T PROJECT NUMBER: SURVEYORS, INC HANCOCK DRIVE #8 AUSTIN, TEXAS (512) FiRM # PARTY CHIEF: CITY OF DALLAS BLOCK: 03/10/16 CHRIS CONRAD. BEG. PROF. LAND SURVEYOR NO DATE Note: This plot is not valid unless an original signature through an original seal appears on its face. There is a description to accompany this plot. DATE: 03/10/16 TECH: A. BURROUGHS 8367 SCALE: 1 =200 CITY OF DALLAS FOLDER: CITY OF DALLAS FiLE NO.: M:\KIEWTT.5H183 EXPRESSWA\DWG\PARCEL\STORAGE AREA 1.DWG PAGE 4 OF 4

6 m >< c3- O1.0 S. I i GARDNER

7 ompensatory Storage ocation - Site Plan Exhibit A 30f5 0% 12/14/2015 O.

8 Compensatory Storage Location Grading Plan - Exhibit A 4 of 5 12/14/2015

9 Compensatory Storage Location - Contour Map ExhibitA f5 looft 12/14/2015