Memorandum JUN - T CflV OF DALLAS. 7 May2012. Trinity River Corridor Project Council Committee Meeting Agenda

Transcription

1 Memorandum JUN - DATE 7 May2012 T CflV OF DALLAS TO Trinity River Corridor Project Committee Members: Linda Koop (Vice Chair), Monica Alonzo, Scott Griggs, and Delia Jasso SUBJECT Trinity River Corridor Project Council Committee Meeting Agenda Monday, 11 June 2012, 3:00 P.M. Dallas City Hall 6ES, 1500 ManIla Street, Dallas, TX The agenda for the meeting is as follows: 1. Approval of 14 May 2012 Meeting Minutes Vonciel Jones Hill, Chair (3:00 P.M. 3:01 P.M.) 2. Dallas Floodway System Risk Assessment and Colonel R.J. Muraski, USACE Study Update Michael Bormann, USACE (3:01 P.M. 4:00 P.M.) Nathan Snorteland, USACE 3. TRCP Component Overview Book Presentation Jill A. Jordan, P.E., ACM, CMO (4:00 P.M. 4:15 P.M.) 4. Upcoming Potential Council Agenda Item(s) for 13 June 2012 and 27 June 2012 (4:15 P.M. 4:25 P.M.) Authorize settlement in lieu of proceeding further with condemnation in the lawsuit styled, City of Dallas v. James Robert McDaniel, Cause No F, pending in the County Court at Law No. 5, for the acquisition of a tract of land containing approximately 49,047 square feet from James Robert McDaniel located near the intersection of Long Acre Lane and Loop 12 for the Trinity River Audubon Center - Not to exceed $34,755 ($30,755 plus closing costs and title expenses not to exceed $4,000) - Financing: 1998 Bond Funds Authorize acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from Saber Development Company, of an unimproved tract of land containing approximately 17 acres located near the intersection of Leath Street and Ingersoll Street for continued operation and maintenance associated with the Dallas Floodway Project - Not to exceed $45,000 ($42,000 plus closing costs and title expenses not to exceed $3,000) - Financing: 2006 Bond Funds A resolution authorizing the conveyance of an easement and right-of-way containing approximately 3,906 square feet of land to Oncor Electric Delivery Company, LLC for the construction and maintenance of electric facilities across City-owned land located at the corner of Canada Drive and Bataan Street Financing: No cost consideration to the City (DRAFT) Authorize an increase in the construction contract with Omega Contracting, Inc., for the repair of an additional existing levee utility line crossing in the Dallas Floodway System for the 100-Year Levee Remediation Utility Mitigation and Other Improvements - Not to exceed $39,927, increasing the contract from $577,224 to $617,151 - Financing: 2006 Bond Funds (DRAFT) Dallas Together, we do it better!

2 Trinity River Corridor Project Council Committee Meeting Agenda Page 2 7 June 2012 Authorize a contract with Magnus Pacific Corporation to purchase untreated water from the Elm Fork water supply system for a period of one year, from July 1, 2012 to June 30, 2013 for use in the Trinity River levee cutoff wall construction - Financing: Estimated Revenue: - $5,887 (DRAFT) 5. Upcoming Event (4:25 P.M. 4:30 P.M.) A documentary about the Margaret Hunt Hill Bridge titled Bridging The Trinity For The Love Of The City airs 13 June 2012 on WFAA-TV Channel 8 at 6:30 P.M. Adjourn (4:30 P.M.) Should you have any questions, please do not hesitate to contact me. Vonciel Jones Hill, Chair Trinity River Corridor Project Committee THE TRINITY cc: Honorable Mayor and Members of the city Council Kelly High, Director, Trinity Watershed Management Mary K. Suhm, City Manager Sarah Standifer, (I) Assistant Director, Trinity Watershed Management A. C. Gonzalez, First Assistant City Manager Paul D. Dyer, Director, Park and Recreation Ryan S. Evans, Assistant City Manager Theresa O Donnell, Director, Sustainable Development & Construction Jill A. Jordan, P.E., Assistant City Manager Rosa A. Rios, City Secretary Forest E. Turner, Assistant City Manager Stephanie Cooper, Assistant to the City Manager Council Joey Zapata, Assistant City Manager Frank Librio, PlO Dallas Together, we do it better!

3 A closed executive session may be held if the discussion of any of the above agenda items concerns one of the following: 1. Contemplated or pending litigation or matters where legal advice is requested of the City Attorney. Section of the Texas Open Meetings Act. 2. The purchase, exchange, lease or value of real property, if the deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. Section of the Texas Open Meetings Act. 3. A contract for a prospective gift or donation to the City, if the deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. Section of the Texas Open Meetings Act. 4. Personnel matters involving the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee or to hear a complaint against an officer or employee. Section of the Texas Open Meetings Act. 5. The deployment, or specific occasions for implementation of security personnel or devices. Section of the Texas Open Meetings Act. Dallas Together, we do it better!

4 Trinity River Corridor Project Council Committee Meeting Minutes Meeting Date: 14 May 2012 Convened: 3:00 P.M. Recessed: 3:28 P.M. Reconvened: 4:20 P.M. Adjourned: 4:23 P.M. Councilmember s: Vonciel Jones Hill, Chair Linda Koop, Vice Chair Monica Alonzo Scott Griggs Delia Jasso Presenter(s): Jill A. Jordan, P.E., ACM, CMO Kelly High, TWM Staff Present: Elizabeth Fernandez, Adelia Gonzalez, Travella King, Crystal Lee, Lesley Schwalje, Sarah Standifer, and Kristina Tippie AGENDA: 1. Approval of the 9 April 2012 Meeting Minutes Presenter(s): Vonciel Jones Hill, Chair Information Only: Action Taken/Committee Recommendation(s): Motion to approve the 9 April 2012 meeting minutes Motion made by: Delia Jasso Item passed unanimously: X Item failed unanimously: Motion seconded by: Monica Alonzo Item passed on a divided vote: Item failed on a divided vote: 2. Dallas Floodway System Update (100 Year Remediation Project) Presenter(s): Kelly High Information Only: X Action Taken/Committee Recommendation(s): The briefing provided an update on the 100- Year Levee Remediation Project. 3. Pavaho Pump Station Tour Presenter(s): Vonciel Jones Hill, Chair Information Only: X Action Taken/Committee Recommendation(s): At 3:28 P.M. the chair recessed the committee to participate in the scheduled tour of the Pavaho Pump Station. At 4:20 P.M. the committee reconvened. 4. Upcoming Events Presenter(s): Jill A. Jordan, P.E. Information Only: X Action Taken/Committee Recommendation(s): Staff notified the committee on two upcoming events: on June 1, 2012 the 2012 Trinity River Photo contest begins and the 2011 winning images are on exhibit at the Janette Kennedy Gallery Vonciel Jones Hill, Chair Trinity River Corridor Project Committee (Draft Minutes Pending Committee Approval)

5 Memorandum DATE June8,2012 CITY OF DALLAS TO Trinity River Corridor Project Committee Members: Vonciel Jones Hill (Chair) Linda Koop (Vice Chair), Monica Alonzo, Scott Griggs, and Delia Jasso SUBJECT Dallas Floodway System Risk Assessment and Study Update At the next Trinity River Corridor Project Council Committee Meeting on Monday, June 11, 2012, the attached briefing will be presented by Colonel Richard J. Muraski, Michael Bormann, P.E., and Nathan Snorteland, P.E. with the United States Army Corps of Engineers. This briefing will provide an update on the Dallas Floodway System risk assessment and provide a study update Please contact me if you have questions. Jill A. Jordan, P.E. Assistant City Manager L Attachment THE TRINITY DALLAS Cc: Honorable Mayor and Members of the City Council Mary K. Suhm, City Manager A. C. Gonzalez, First Assistant City Manager Ryan S. Evans, Assistant City Manager Jill A. Jordan, P.E., Assistant City Manager Forest E. Turner, Assistant City Manager Joey Zapata, Assistant City Manager Kelly High, Director, Trinity Watershed Management Sarah Standifer, (I) Assistant Director, Trinity Watershed Management Paul D. Dyer, Director, Park and Recreation Theresa O Donnell, Director, Sustainable Development & Construction Rosa A. Rios, City Secretary Stephanie Cooper, Assistant to the City Manager Council Frank Librio, PlO Dallas, the City that works: diverse, vibrant, and progressive

6 DALLAS FLOODWAY SYSTEM RISK ASSESSMENT AND STUDY UPDATE Colonel Richard J. Muraski, Jr. Commander, Fort Worth District Nate Snorteland, P.E. Director, USACE, Risk Management Center, Golden, CO Mike Bormann, P.E. Director, Trinity River Corridor Project, Fort Worth District June 11, 2012 US Army Corps of Engineers

7 Introduction Life safety is our No. 1 priority The Corps of Engineers is a learning organization The nationwide Corps Levee Safety Program comprises 14,600 miles of levees in 2,000 systems Civil Works Transformation under way Risk Assessment part of all future Levee projects Life-cycle Flood Risk Management is a shared responsibility. We remain committed and vigilant to reducing flood risk to the citizens of our Nation. We will continue to look critically and vigorously at the resilience and vulnerability of our water resource infrastructure, nationwide, and help drive down risk together with all our partners. - MG Merdith Bo Temple Deputy Commanding General 2

8 In Summary The Corps and the City are committed to life safety protecting people and property Levees more resilient than originally evaluated and less risk associated with their performance The levees have been determined to be tall enough to withstand a flood with a frequency between 1/1,000 and 1/5,000 years Goal is to complete the System Study late 2013 The City and Corps will continue to look for ways to ensure public safety and expedite this work in a cost effective manner 3

9 Purpose of Briefing Discuss recent successes Civil Works Transformation Discuss Risk Assessment Background, Principal Findings and Recommendations Recent Actions System Study Path Forward Summary 4

10 Recent Successes City has been very diligent addressing deficiencies identified in the 2007 Periodic Inspection 198 maintenance deficiencies corrected City granted 2-yr extension in P.L program Corps approved (Section 408) 100-yr Levee Improvements & Baker Pump Station City moving forward with 100-yr levee improvements Pavaho Pump Station almost finished Work is progressing on the System Study 5

11 Civil Works Transformation Why Civil Works Transformation? Better address water resources challenges and the needs of the nation in fiscally constrained environment Identify national priorities Streamline the Civil Works planning process Ensure an expedited, economical and focused study process (3x3x3 rule) High Priority Dallas project selected early for Risk Assessment Risk Assessments will be required for all levee projects 6

12 Risk Assessment Background Prior to the Risk Assessment, we identified 3 scenarios on possible impacts to the 100-yr levee improvements plan: Scenario #1 Minor changes to plan; meet anticipated FEMA schedule for release of revised flood maps. Scenario #2 Major changes to plan; also meets FEMA schedule. Scenario #3 Changes so great, 100-year fixes will have to be rolled into larger levee improvement plan; not meet FEMA schedule Risk Assessment resulted in NO changes to the 100-yr levee improvements plan Through investigation, analysis and Risk Assessment, we know more about the Dallas Floodway system 7

13 Risk Assessment Background Corps uses a risk-informed approach to levee safety similar to its dam safety activities Evaluations of risk includes two components: structural performance and consequences Corps Headquarters determined the riskinformed processes could help focus the evaluation of the existing system and the scope of the ongoing study which would include life safety in addition to economic decision factors In September Corps Headquarters sent a team to Dallas to evaluate the economic and life safety risks posed by the system 8

14 Risk Assessment Process Assess & Report Current Risk Hazard, Exposure Vulnerability Risk Level - Increased Pumping Capabilities - Levee Improvements (tougher not taller) - Increased Maintenance & Inspection - Emergency Action Plan Flood Response Execute Evacuation Plan Disaster Assistance Manage Residual Risk - Community Outreach / Education Self Insure Insurance Payout Pre Event Post Event 9

15 Risk Assessment Background Recon Should we do something? Feasibility What should we do? Implementation Take Action 10

16 Increasing Individual risks and societal concerns Unacceptable Region Tolerable Region Broadly acceptable Region Risks cannot be justified except in extraordinary circumstances People and society are prepared to accept risk in order to secure benefits Risk regarded as insignificant, further effort to reduce risk not required unless easily achieved 11

17 Activities in Trinity River Corridor Certification by the City of Dallas (National Flood Insurance Program) Ongoing repairs/improvements by the City of Dallas Interior Drainage (Pump Station) Sewer Interceptor (Tunnel) Under Construction Dallas Floodway Extension Trinity River Corridor Project (Lakes, Highways, Levees) System Study (Corps City of Dallas) Levee Risk Screening (Corps National) 12

18 Risk Assessment Background Large flood damage reduction system 11 miles of levees on each side of the Trinity River Built in many stages, with various levels of design and expertise, the levee system has only been tested to ½ its height by floodwaters Performance had been questioned in Periodic Inspection #9 particularly related to stability Review of extensive geotechnical work done to date (5,000-plus borings) 13

19 Risk Assessment Dallas Floodway 3 weeks (Potential Failure Mode Analysis - PFMA in Nov., First Risk Assessment in Dec., Second Risk Assessment in Jan.) Experts from Risk Management Center (RMC), Fort Worth District (SWF), Corps Engineer Research and Development Lab (ERDC), City of Dallas, and HNTB (City s Contractor) External Technical review complete No major findings Final report to be completed 14

20 Risk Assessment What We Learned Our understanding of the types of floods that generally occur in the basin The impact that the shorter-duration floods have on the distance that water penetrates the levees A better understanding of the combination of events that need to happen to cause failure Assumed that all current and future efforts in and around the floodway system will do no harm and meet Corps requirements 15

21 Examples of Failure Modes Find the Weak Spot The Initiating Event (flood, deterioration/aging, malfunction, earthquake) The Failure Mechanism (Internal erosion through the foundation, Gates fail to open leading to overtopping) The Resulting Impact on the Structure (rapidity of failure, breach characteristics, consequences) 16

22 General Failure Mode Categories Overtopping Without Breach Overtopping with Breach Breach Prior to Overtopping Internal Erosion 17

23 Principal Findings Levees more resilient than originally evaluated and less risk associated with their performance The team examined 13 potential failure modes Of those, only 2 failure modes appeared to be significant, and then only in extreme events Overtopping and Breach of the East and West Levee Systems. However, the levees have been determined to be tall enough to withstand a flood with a frequency between 1/1,000 and 1/5,000 years Overtopping of the floodwall on the East Levee 18

24 Principal Findings In addition, one failure mode is potentially significant internal erosion in the foundation of the East/West levees in specific locations City s construction of cut-off walls as part of their effort to regain FEMA accreditation will likely help reduce risk associated with this potential failure mode These 3 failure modes are being addressed as part of the on-going System Study Risks for all other failure modes are tolerable 19

25 Principal Findings Floods are likely short duration events. Overtopping without breach is NOT likely to fill the areas protected by the levees If the levee overtops AND breaches, the depth and area of inundation will be significant 20

26 Principal Findings The City of Dallas has been active in managing risks. They have a good surveillance plan, emergency action plan, and good lines of communication with emergency management officials. This should all result in good warning for any potential issues. 21

27 Recommendations Develop alternatives to reduce life safety risks from overtopping and breach of the system Tougher not taller levees preventing breach is more important than preventing overtopping Raising levees without providing resilience would increase risks Develop alternatives to reduce life safety risks from internal erosion look for cost effective measures The team recommends developing remote detection device alternatives to evaluate the assumptions made in the risk assessment and provide the ability for real-time safety evaluations to be made Revised Emergency Action Plan (EAP) to reflect information learned in the Risk Assessment 22

28 Recent Actions Risk Assessment helped define project conditions and identified risks to life safety In May, letter sent to Mayor Rawlings stating, Initial indications suggest the levees, as they stand today after the aforementioned numerous deficiency corrections, are more resilient than originally evaluated There is less risk associated with levees performance. Risk Assessment allows us to focus on critical areas Risk Assessment was key to moving the System Study forward. 23

29 Recent Actions May 23-24, 2012, City & Corps held a Feasibility Scoping Meeting Discussions were held on the risks identified by the Risk Assessment Measures were proposed to address the significant risks Solution might not be as extensive as previously thought (tougher not taller) 24

30 System Study Path Forward Next steps identified: Continue to utilize Risk Assessment; incorporating results into ongoing System Study Narrowing down of proposed measures Determine economical viability resulting in Federal interest; justify ability to cost-share Meet with other stakeholders to develop schedules for the System Study Update committee in Fall with results 25

31 In Summary The Corps and the City are committed to life safety protecting people and property Levees more resilient than originally evaluated and less risk associated with their performance The levees have been determined to be tall enough to withstand a flood with a frequency between 1/1,000 and 1/5,000 years Goal is to complete the System Study late 2013 The City and Corps will continue to look for ways to ensure public safety and expedite this work in a cost effective manner 26

32 KEY FOCUS AREA: Economic Vibrancy AGENDA ITEM #40 AGENDA DATE: June 13, 2012 COUNCIL DISTRICT(S): 5 DEPARTMENT: Trinity Watershed Management CMO: Jill A. Jordan, P.E., MAPSCO: 57 Z SUBJECT Authorize settlement in lieu of proceeding further with condemnation in the lawsuit styled, City of Dallas v. James Robert McDaniel, Cause No E, pending in the County Court at Law No. 5, for the acquisition of a tract of land containing approximately 49,047 square feet from James Robert McDaniel located near the intersection of Long Acre Lane and Loop 12 for the Trinity River Audubon Center - Not to exceed $34,755 ($30,755 plus closing costs and title expenses not to exceed $4,000) - Financing: 1998 Bond Funds BACKGROUND This item authorizes a settlement for the acquisition of approximately 49,047 square feet of land located near the intersection Long Acre Lane and Loop 12. This property was improved with a multi tenant commercial service yard. This item authorizes additional funds of $30,755 which when added to the $305,217 previously awarded by the Special Commissioners equals a total agreed settlement amount of $335,972 and also authorizes closing costs and title expenses not to exceed $4,000. This property will be used for the Trinity River Audubon Center. This settlement will allow acquisition of the property without further condemnation proceedings. PRIOR ACTION I REVIEW (COUNCIL BOARDS, COMMISSIONS) Authorized acquisition on September 10, 2008, by Resolution No Authorized deposit of Special Commissioners Award on August 11, 2010, by Resolution Briefed in Executive Session on June 6, FISCAL INFORMATION 1998 Bond Funds - $34,755 ($30,755 plus closing costs and title expenses not to

33 exceed $4,000) OWNER James Robert McDaniel MAPS Attached Agenda Date 06/13/ page 2

34 COUNCIL CHAMBER June 13, 2012 A RESOLUTION AUTHORIZING SETTLEMENT OF A CONDEMNATION SUIT. IN THIS RESOLUTION THE FOLLOWING DEFINITIONS SHALL APPLY: CONDEMNATION SUIT: 5, and styled City of Dallas v Council Resolution No Cause No. cc-i e, in County Court at Law No. Robert McDaniel, filed pursuant to City James PROJECT: Trinity River Corridor Project COMMISSIONERS AWARD: previously approved and deposited The sum of $305,217, the having been into the registry of the County Court at Law. same SETTLEMENT AMOUNT: $335,972, which includes the Commissioners Award. ADDITIONAL AMOUNT: Award and the settlement $30,755, the difference between the Commissioners amount. PROPERTY: Approximately 49,047 feet of land situated in City Block 6263 of the City of Dallas, Dallas County, Texas, described in said condemnation suit. square CLOSING COSTS AND TITLE EXPENSES: Not to exceed $4,000 AUTHORIZED AMOUNT: $34,755 ($30,755 plus $4,000) DESIGNATED FUNDS: Trinity River Corridor Fund No. 1P14, Department TWM, Unit N966, Activity TRPP, Program No. PB98N966, Object 4210, Encumbrance No. CT-PBW98N966K4 WHEREAS, the City Council Manager to into a the PROJECT, enter desires settlement to authorize the City Attorney and the City of the CONDEMNATION SUIT in connection with BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City Attorney and the City Manager are authorized to settle said CONDEMNATION SUIT for the SETTLEMENT AMOUNT. The ADDITIONAL AMOUNT, CLOSING COSTS TITLE EXPENSES shall not exceed the AUTHORIZED AMOUNT. and together SECTION 2. That the City Attorney and the City Manager are authorized to prepare and such documents may be to effect the described herein. execute as necessary as settlement

35 COUNCIL CHAMBER June 13, 2012 SECTION 3. That the City Controller is hereby authorized and directed to draw a warrant in favor of James Robert McDaniel and Boyle-Lowry, LLP and! or the title company closing and/or issuing a title policy in the transaction described herein in the ADDITIONAL AMOUNT and/or CLOSING COSTS AND TITLE EXPENSES, paid out of and charged to the DESIGNATED FUNDS. SECTION 4.That this Resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so resolved. APPROVED AS Thomas P. City By:

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38 KEY FOCUS AREA: Economic Vibrancy AGENDA ITEM #50 AGENDA DATE: June 13, 2012 COUNCIL DISTRICT(S): 6 DEPARTM ENT: Trinity Watershed Management CMO: Jill A. Jordan, P.E., MAPSCO: 42 K SUBJECT Authorize acquisition, including the exercise of the right of eminent domain, if such becomes necessary, from Saber Development Company, of an unimproved tract of land containing approximately 17 acres located near the intersection of Leath Street and Ingersoll Street for continued operation and maintenance associated with the Dallas Floodway Project - Not to exceed $45,000 ($42,000 plus closing costs and title expenses not to exceed $3,000) - Financing: 2006 Bond Funds BACKGROUND This item authorizes the acquisition of an unimproved tract of land containing approximately 17 acres located near the intersection of Leath Street and Ingersoll Street from Saber Development Company. This property will be used for continued operations and maintenance associated with the Dallas Floodway Project. The consideration is based on an independent appraisal. PRIOR ACTION/REVIEW (COUNCIL, BOARDS, COMMISSIONS) This item has no prior action. FISCAL INFORMATION 2006 Bond Funds - exceed $3,000) OWNER $45,000 ($42,000 plus closing costs and title expenses not to Saber Development Corporation Robert Farrow, Director/President

39 MAPS Attached Agenda Date 06/13/ page 2

40 COUNCIL CHAMBER June A RESOLUTION DETERMINING UPON THE NECESSITY OF ACQUIRING REAL PROPERTY AND AUTHORIZING ITS APPROPRIATION ANDIOR CONDEMNATION FOR PUBLIC USE. DEFINITIONS: shall apply: For the purposes of this resolution, the following definitions of terms CITY : The City of Dallas. PROPERTY : Approximately 17 acres of property located in Dallas County, and being the same property more particularly described in Exhibit A, attached hereto and made a part hereof for all purposes. PROJECT : Trinity Project Dallas Floodway USE : Operation and maintenance of the levee PROPERTY INTEREST : Fee Simple OWNER : Saber Development Company, provided, however, that the term OWNER as used in this resolution means all persons having an ownership interest, regardless of whether those persons are actually named herein. OFFER AMOUNT : $42,000 CLOSING COSTS AND TITLE EXPENSES : Not to exceed $3,000 AUTHORIZED AMOUNT : $45,000 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the USE of the PROPERTY for the PROJECT is a public use. SECTION 2. That public necessity requires that the CITY acquire the PROPERTY INTEREST in the PROPERTY for the PROJECT. SECTION 3. That for the purpose of acquiring the PROPERTY INTEREST in the PROPERTY, the Assistant Director of the Sustainable Development and Construction Department, Real Estate Division, or such person as she may designate, is hereby authorized and directed to offer the OFFER AMOUNT as payment for the PROPERTY INTEREST in the PROPERTY.

41 COUNCIL CHAMBER June 13, 2012 SECTION 4. That in the event the OWNER the OFFER AMOUNT, the City Controller is authorized and directed to draw a warrant in favor of the OWNER, or the then current owner of record, or the title company closing the transaction described herein in the OFFER AMOUNT and CLOSING COSTS AND TITLE EXPENSES payable out of Floodplain and Storm Drainage Improvements Fund, Fund No. BT23, Department TWM, Unit P646, Activity TRPP, Program No. TW06P646, Object 4210, Encumbrance No. CT-TWMO6P646G1. The OFFER AMOUNT, CLOSING COSTS and TITLE EXPENSES together shall not the AUTHORIZED AMOUNT. exceed accepts SECTION 5. That the CITY is to have of the PROPERTY at closing; and the CITY will pay any title and closing costs. In the event of condemnation, the CITY will pay court by the Special Commissioners or the court. Further, litigation determined by the City Attorney to be authorized for payment. All and described in this section shall be paid from the previously described funds. are that expenses costs as may be expenses costs possession assessed expenses necessary SECTION 6. That if the OWNER to the OFFER AMOUNT, the CITY will appropriate the PROPERTY INTEREST in the PROPERTY for the PROJECT under the laws of eminent domain and the provisions of the Charter of the City of Dallas. In such the City Attorney is authorized and to file the suit(s) and take the action for the prompt acquisition of the PROPERTY INTEREST in the PROPERTY by condemnation or in any manner provided by law. case, necessary refuses accept requested necessary SECTION 7. That in the it is subsequently determined that additional other than named herein have an interest in the PROPERTY, the City Attorney is authorized and directed to join said parties in said condemnation suit(s). those event as defendants SECTION 8. That to the extent the PROPERTY is being bond CITY obtained an independent appraisal of the PROPERTY S market value. proceeds has persons purchased wholly or partly with SECTION 9. That OWNER provided with copy of the Landowner s Bill of Rights required by Texas Property Code Section as has been SECTION 10. That in the event the Special Commissioners in Condemnation appointed by the Court return an award that is the amount or less than the OFFER AMOUNT, the City Attorney is hereby authorized to settle the lawsuit for that and the City Controller is hereby authorized to issue check drawn on the previously described funds in an amount not to the Commissioners award payable to the County Clerk of Dallas County, to be deposited into the registry of the Court, to enable the CITY to take of the PROPERTY without further action of the Dallas City Council. amount made possession a same exceed a

42 COUNCIL CHAMBER June 13, 2012 SECTION 11. That this resolution shall take effect immediately from and after its passage in accordance with the provisions of the Charter of the City of Dallas, and accordingly so resolved. it is APPROVED AS TO FORM: THOMAS P. PERKINS, JR., City Attorney City Attorney

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44 Exhibit A FIELD NOTES DESCRIBING PARCEL ACRES (737,332 SQUARE FEET) TO BE ACQUIRED FROM SABER DEVELOPMENT COMPANY FOR TRINITY RIVER LEVEE RIGHT-OF-WAY, OFFICIAL CITY OF DALLAS BLOCK NO. 7166, IN THE J. B. EARHART SURVEY, ABSTRACT NUMBER 436, CITY OF DALLAS, DALLAS COUNTY, TEXAS BEING a acre (737,332 square feet) tract of land situated in the J. B. Earhart Survey, Abstract Number 436, City of Dallas, Dallas County, Texas, Official City of Dallas Block Number 7166, and being all of that called acre tract of land described as Tract I in Special Warranty Deed to Saber Development Company, as recorded in Volume 89249, Page 1235 of the Deed Records of Dallas County, Texas, (D.R.D.C.T.), and being more particularly described by metes and bounds as follows: --- COMMENCING at a found concrete monument for the common southeast corner of said J. B. Earhart Survey, the northeast corner of the M. B. Reynolds Survey, Abstract Number 1227, the southeast corner of that called acre tract of land described as Tract I in Warranty Deed to John M. Bushman, Trustee of the C & J Revocable Trust, as recorded in Volume 86176, Page 4136, D.R.D.C.T., the southwest 0 corner of that called acre tract of land described as Tract II in Warranty Deed to John M. Bushman, Trustee of the C & J Revocable Trust, as recorded in Volume 86176, Page 4136, D.R.D.C.T., the northeast corner of that called acre tract of land described as Tract 111 in Warranty Deed to John M. Bushman, Trustee of the C & J Revocable Trust, as recorded in Volume 86176, Page 4136, D.R.DC.T., and the most westerly northwest corner of Joe Irwin No. 3, an addition to the City of Dallas, (1 Dallas County, Texas, as recorded in Volume 10, Page 165 of the Map Records of Dallas County, Texas, said point being the intersection of the north right-of-way line of Bickers Street (a 50 foot wide right-ofway) with the west right-of-way line of Iroquois Street, formerly known as Matthews Avenue, (a 60 foot wide right-of-way), from which point a found 24-inch Elm tree marked X bears North 09 degrees 38 minutes 06 seconds West, a distance of feet; THENCE North 89 degrees 48 minutes 00 seconds West, with the common south line of said J. B. Earhart Survey, the north line of said M. B. Reynolds Survey, the south line of said called acre tract, and the north line of said called acre tract, passing at a distance of feet a 1/2-inch set iron rod with yellow plastic cap stamped HALFF (hereinafter referred to as with cap ) for the southeast corner of that called acre tract of land described in Warranty Deed with Vendor s Lien to Sterling W. Kenty and Sidney L. Hoover, as recorded in Volume 79017, Page 1281, D.R.D.C.T., and continuing with the common south line of said J. B. Earhart Survey, the north line of said M. B. Reynolds Survey, the north line of said called acre tract, and the south line of said called acre tract, in all, a total distance of feet to a 1/2-inch set iron rod with cap for the POINT OF BEGINNING, said point being the common southwest corner of said called acre tract and the southeast corner of said called acre tract; THENCE North 89 degrees 48 minutes 00 seconds West, continuing with the common south line of said J. B. Earhart Survey, the north line of said M. B. Reynolds Survey and the south line of said called acre tract, passing at a distance of feet a 1/2-inch set iron rod with cap for witness, and continuing with said common line in all, a total distance of feet to a point for corner on the east bank of the West Fork of the Trinity River (unable to set); THENCE North 34 degrees 55 minutes 00 seconds East, departing said common line and with the east bank of the West Fork of the Trinity River, a distance of feet to a calculated point for corner (unable to set); Page 1 of5 2/10/2011 PARCEL 3014.doc

45 FIELD NOTES DESCRIBING PARCEL ACRES (737,332 SQUARE FEET) TO BE ACQUIRED FROM SABER DEVELOPMENT COMPANY FOR TRINITY RIVER LEVEE RIGHT-OF-WAY, OFFICIAL CITY OF DALLAS BLOCK NO. 7166, IN THE J. B. EARHART SURVEY, ABSTRACT NUMBER 436, CITY OF DALLAS, DALLAS COUNTY, TEXAS THENCE North 23 degrees 18 minutes 00 seconds East, continuing with said east bank of the West Fork df the Trinity River, a distance of feet to a point for corner (unable to set); C 0 THENCE North 14 degrees 14 minutes 00 seconds East, continuing with said east bank of the West Fork of the Trinity River, a distance of feet to a point for corner (unable to set); THENCE North 21 degrees 03 minutes 00 seconds East, continuing with said east bank of the West Fork Jzf the Trinity River, a distance of feet to a point for corner (unable to set); THENCE North 55 degrees 32 minutes 00 seconds East, continuing with said east bank of the West Fork of the Trinity River, passing at a distance of feet a 1/2-inch set iron rod with cap for witness, and continuing with said east bank of the West Fork of the Trinity River, in all, a total distance of feet to a 1/24nch set iron rod with cap for corner; THENCE South 81 degrees 25 minutes 00 seconds East, continuing with said east bank of the West Fork of the Trinity River, a distance of feet to a 1/2-inch set iron rod with cap for corner; THENCE South 70 degrees 53 minutes 00 seconds East, continuing with said east bank of the West Fork of the Trinity River, a distance of feet to a 1/2-inch set iron rod with cap for the most easterly northeast corner of said called acre tract, said point being on the common southeast line of said called acre tract, the northwest line of that called 0442 acre tract of land described in Quit Claim Deed to Jose Luis Cardoza and Timoteo Silva and Associates, as recorded in Volume 85084, Page 4005, D.R.D.C.T.; THENCE South 12 degrees 07 minutes 00 seconds West, departing said east bank of the West Fork of the Trinity River and with said common line, passing at a distance of feet a 1/2-inch set iron rod with cap for a northwest corner of that called acre tract of land described in Special Warranty Deed to Pedro Montoya, as recorded in Volume 89247, Page 1180, D.R.D.C.T., and continuing with the common southeast line of said called acre tract and the northwest line of said called acre tract, in all, a total distance of feet to a 1/2-inch set iron rod with cap for corner; THENCE North 70 degrees 53 minutes 00 seconds West, departing said common line and with the common southwest line of said called acre tract and the northeast line of said called acre tract, passing at a distance of feet a 1/2-inch set iron rod with cap for a common northwest corner of said called acre tract and the northeast corner of that called acre tract of land described in Quit Claim Deed to Jose Luis Cardoza and Timoteo Silva and Associates, as recorded in Volume 85084, Page 4005, D.R.D.C.T., and continuing with the common southwest line of said called acre tract and the northeast line of said called acre tract, in all, a total distance of feet to a 1/2-inch set iron rod with cap for corner; Page 2 of 5 2/10/2011 PARCEL doc

46 FIELD NOTES DESCRIBING PARCEL ACRES (737,332 SQUARE FEET) TO BE ACQUIRED FROM SABER DEVELOPMENT COMPANY FOR TRINITY RIVER LEVEE RIGHT-OF-WAY, OFFICIAL CITY OF DALLAS BLOCK NO. 7166, IN THE J. B. EARHART SURVEY, ABSTRACT NUMBER 436, CITY OF DALLAS, DALLAS COUNTY, TEXAS THENCE South 12 degrees 07 minutes 00 seconds West, with the common southeast line of said called acre tract and the northwest line of said called acre tract, passing at a distance of feet a H1/2-inch set iron rod with cap for the common southwest corner of said called acre tract and the northwest corner of said called acre tract, and continuing with the common southeast line of said called acre tract and the northwest line of said called acre tract, in all, a total distance of feet to a 1/2-inch set iron rod with cap for corner; THENCE South 17 degrees 42 minutes 00 seconds West, continuing with said common line, a distance of feet to the POINT OF BEGINNING AND CONTAINING 737,332 square feet or acres of land, more or less. Basis of Bearing is defined as NAD 83 (NSRS2007) Texas State Plane North Central Zone 4202 as observed by VRS RTK GPS from City of University Park control station DUNP. Convergence angle at DUNP is +00 degrees 56 minutes seconds. Combined Surface Adjustment Scale Factor = Surveyor s Certification This plat of survey was prepared under my supervision as surveyed on the ground on November 16, Items in Schedule B of the Title Commitment GF#l 0R32094 CR7, issued by First American Title Insurance Company November 5, 2010, effective October 10, 2010, have either been noted or shown hereon. Cohn J. Henry, R.P.L. Registered Professional Land Surveyor State of Texas Number 5230 Page 3 of 5 2/10/2011 PARCEL doc

47 _. SCALE: 1 = N - - I CITY OF IRVING APPROXIMATE CITY LIMIT LINE PARCEL ACRES (737,332 SQUARE FEET) TO BE ACQUIRED FROM SABER DEVELOPMENT COMPANY FOR TRINITY RIVER LEVEE RIGHT-OF-WAY, OFFICIAL CITY OF DALLAS BLOCK NO. 7166, IN THE 600U. B. EARHART SURVEY, ABSTRACT NUMBER 436, CITY OF DALLAS, DALLAS COUNTY, TEXAS U.T.S. _.., T.S. (L 7 CITY OF DALLAS UNPLATTE 0)0) ajllj LW (OWNER> (LiO) SABER DEVELOPMENT UNPLATTED J& COMPANY, TRACT I VOL. / BLOCK PG / 7166 I (CALLED AC.) 0 SQ. FT. UN- OR T s PLATTED E- ACRES , D.R.D.C.T. 737, Jr 5 U.T.S. POINT OF -.2 BEGINNING.T.S APPROX IMATE SURVEY Li M.B. REYNOLDS (Li) LINEPLATTED SURVEY, ABSTRACT NO NOTE; SEE PAGE 5 OF 5 FOR OWNERSHIP, WITNESS CALLS, PLAT INFORMATION AND FOUND MONUMENTS Z, RACTI UNPLATTED POINT OF COMMENCING N8948 OO W FOUND CONCRETEJ MONUMENT BLOCKFOUND 24 ELM TREE 7168 MARKED X BEARS NO9 38 0,6W III UNPLATTED iroquois STREET (60 WIDE R.O.W.) (FORMERLY KNOWN AS MATTHEWS AVENUE) J_(>XrRACT TRACT II UNPLATTED LiJ W I- >( >- ow 2z Ib FOUND CONCRETE MONUMENT W/NAIL BEARS S W -j Co % FIR 30 3H je-4i 29 4 I j $25R8 I 24 ir22 < OO W 484. E12r1 ii 2 1: jro J LLiz -? Co Iwi è I 17 RD..Z,, - -J.4 -C---Jb _O-o I I 3I ) 18 F jii4oth i: N iig - --JaI 27 JI26 3E-I 14 _i-.ff 30i;F : 85 5j L2 I O6L BICKERS STREET (50 WIDE R.O.W.) -9- O U.T.S. FIR MR.D.C.T. D.RD.C.T. OP.RD.CT. LEGEND RECORD CALLS 1/2-INCH SET IRON ROD WITH YELLOW PLASTIC CAP STAMPED 1-IALFF (UNLESS OTHERWISE NOTED) FOUND MONUMENT (AS NOTED) UNABLE TO SET FOUND IRON ROD MAP RECORDS DALLAS COUNTY TEXAS DEED RECORDS DALLAS COUNTY TEXAS OFFICIAL PUBLIC RECORDS DALLAS COUNTY TEXAS PARCEL ACRES (737,332 SQUARE FEET) TO BE ACQUIRED FROM SABER DEVELOPMENT COMPANY FOR TRINITY RIVER LEVEE RIGHT-OF-WAY, OFFICIAL CITY OF DALLAS BLOCK NO. 7166, IN THE J. B. EARHART SURVEY, ABSTRACT NUMBER 436, CITY OF DALLAS, DALLAS COUNTY, TEXAS S I. I1AIFF DATE: FEB TBPE FIRM F N.BOWSER ROAD RICHARDSON, TEXAS TELE. (214) FAX (214) AVO.: WO59

48 0 U, S4 0 z (k % FIR BEARS S0O 42 OO E 0.29 JOHN M. BUSHMAN, TRUSTEE OF THE C Sc J REVOCABLE TRUST TRACT II VOL , PG D. R. D. C. T. (CALLED AC.) unplatted PEDRO MONTOYA VOL , PG R. D.C. T. (CALLED AC.) UNPLATTED JOHN M. BUSHMAN, TRUSTEE OF THE C Sc J REVOCABLE TRUST, TRACT I VOL , PG. 4(36 D. R. D.C. T. (CALLED AC. UNPLAT TED JOHN M. BUSHMAN, TRUSTEE OF THE C Sc J REVOCABLE TRUST TRACT III VOL. 86(76, PG R. D.C. 7. (CALLED AC.) UNPL AT TED 1 FIP % FIR CITY AND COUNTY OF DALLAS (PER DALLAS CENTRAL APPRAISAL DISTRICT) UNPLATTED PARCEL ACRES ( SQUARE FEET) TO BE ACQUIRED FROM SABER DEVELOPMENT COMPANY FOR TRINITY RIVER LEVEE RIGHT-OF-WAY, OFFICIAL CITY OF DALLAS BLOCK NO. 7166, IN THE J. B. EARHART SURVEY, ABSTRACT NUMBER 436, CITY OF DALLAS, DALLAS COUNTY, TEXAS JOSE LUIS CARDOZA AND TIMOTEO SILVA AND ASSOCIATES VOL , PG D. R. D.C. T. (CALLED AC.) UNPLAT TED JOSE LUIS CARDOZA AND TIMOTEO SILVA AND ASSOCIATES VOL , PG D. R. D.C. 7. (CALLED AC.) UNPLAT TED EASEMENT AND ROV FOR STORM SEWER DRAIN FACILITY TO CITY OF DALLAS VOL , PG D. R. D.C. T. ACCESS EASEMENT VOL , PG D. R. D.C. T. LOT 1, BLOCK A OF TWIN WELLS GOLF COURSE VOL , PG R. 0. C. T. NOTES E LINE TABLE BEARING D(STAN Li N89 48 OO W (Li) (N E) (630.00) L2 N34 55OO E (L2) (S DW) (330.80) L3 N23 18 OO E (L3) (S230Q O0 W) ( ) L4 N14D (L.4) (Sl W) (583.70) L5 N21 03O0 E (L5) (S20 45 OO W) ( ) L6 N55 32 OO E (L6) (S55 14 OO W) ( ) U S E (L7) (N81 43 OO W) ( ) LB S7O 53 00E (L8) (NT1 ll OO W) (275.00) L9 Sl2O7O W (L9) (Nl1 49 OO E) (200.00) LiD N7O 53 OO W (L10) (S E) (103.45) Lii S W (Lii) (N11 49 OO E) ( ) L12 S W (L12) (N17 402O E) ( ) 0E 1. Basis of Bearing is defined as NAD 83 (NSRS2007) Texas State Plane North Central Zone 4202 as observed by VRS RTK CPS from City of University Pork control DUNP. Convergence angle at DUNP is +00 degrees 56 minutes seconds. Combined Surface Adjustment Scale Factor = station 2. Terms and Conditions of Ordinance No , as recorded in Volume 82173, Page 0178 of the Deed Records of Dcl las County, Texas CD. R. D. C. T. ), the subject property. affect 3. The Easement to the City and County of Dcl (as Levee Improvement of Da( (as County, Texas, as recorded in Volume 1502, Page 407, D.R.D.C.T., the Subject property. affects District STERLING W. KENTY AND SIDNEY L. HOOVER VOL. 790(7, PG. (281 D. R. D.C. T. (CALLED AC. 1 UNPLATTED PARCEL ACRES ( SQUARE FEET) TO BE ACQUIRED FROM SABER DEVELOPMENT COMPANY FOR TRINITY RIVER LEVEE RIGHT-OF-WAY, OFFICIAL CITY OF DALLAS BLOCK NO. 7166, IN THE J. B. EARHART SURVEY, ABSTRACT NUMBER 436, CITY OF DALLAS, DALLAS COUNTY, TEXAS HALFF DATE: FEB AVO.: *059 TBPE FIRM F-3l2l 1201 N.BOWSER ROAD RICHARDSON, TEXAS TELE. (214) FAX (214) I PAGE 5 OF 5 P

49 TRINITY RIVER Twin Wells Park Golf Course LOCTION MP ND T S. C., C.) 0 C J 0 AREATO BE ACQUIRED Cl Cl

50 FOR IMMEDIATE RELEASE: PHOTO AVAILABLE UPON REQUEST Contact: Juliette Coulter, The Coulter Group, , The Trinity Trust Presents Margaret Hunt Hill Bridge Documentary Bridging The Trinity For The Love Of The City Documentary premieres June 13 on WFAA-TV Ch. 8 DALLAS, Texas, May 29, 2012 The Trinity Trust presents a documentary about the Margaret Hunt Hill Bridge titled Bridging The Trinity For The Love Of The City on June 13 on WFAA-TV Channel 8 at 6:30 p.m. The 30-minute film illustrates the building of the cable-stayed bridge beginning with the first announcements in 2001 and completing with the opening celebrations in Dr. Gail Thomas, president and CEO of The Trinity Trust, said, In March, more than 40,000 people attended the opening celebration of the Margaret Hunt Hill Bridge. With this film, we can relive that celebratory moment and all of the dramatic moments leading up to it. On June 13, we will watch how this bridge was built, from the groundbreaking and topping off of the arch to the stringing of cables and three-day opening celebration. The Margaret Hunt Hill Bridge Celebration was co-hosted by the City of Dallas, The Trinity Trust and the Trinity Commons Foundation. More than a decade in the making, the half-hour special is the work of award-winning, veteran documentary team of Judy Kelly, producer/writer, and Ginny Martin, photographer/editor. Beginning with Ambassador and former Dallas Mayor Ron Kirk s appeal to the community in 2001, which began the public/private partnership to finance the signature bridge, and ending with a challenge for the public to support efforts to reclaim the Trinity River, the program introduces all of the bridge builders, led by Spanish artist, architect and engineer Santiago Calatrava. Featured in the program are the many architects, engineers, truck drivers, ironworkers, welders, crane operators, cable installation crews, electricians and highway constructors who worked on the bridge, as well as the politicians, philanthropists and the community representatives behind the effort to build Calatrava s first vehicular bridge in America. Through Hunt Petroleum, the Hill family made a lead gift in honor of their mother, Margaret Hunt Hill, for Dallas to have an iconic bridge. The Eugene McDermott Foundation also contributed generously to the bridge. In addition, the documentary includes footage of middle school students who built a 20-foot The Trinity Trust 1444 Oak Lawn Ave. Suite 200 Dallas, TX thetrinitytrust.org

51 model of the cable-stayed bridge after they visited the bridge construction site and spoke with the engineers. During the Engineering Workshop, sponsored by The Trinity Trust in partnership with SMU s Summer Youth Program of the Annette Caldwell Simmons School of Education and Human Development, SMU s Talented and Gifted Program, the teenagers express how the Margaret Hunt Hill Bridge will better connect Dallas and its citizens. Bridging The Trinity For The Love Of The City concludes with scenes of the community gathered on the bridge including the Parade of Builders and West Dallas Chamber of Commerce s Parade of Giants, a levee run, a street fair, and opening ceremonies to celebrate this hallmark of the greater Trinity River project. About The Trinity Trust Foundation: The Trinity Trust Foundation helps the city by raising private funds for this $2.2 billion urban park project. Donations from the private sector will add amenities such as the signature Calatrava bridges, lakes, a central island, a white water course, amphitheaters, and ball fields. The foundation also reaches out into the community to educate citizens about the project with presentations, symposia, and events. More information can be found by calling , by ing info@thetrinitytrust.org, or by visiting About the Margaret Hunt Hill Bridge: Opened in March 2012, the Margaret Hunt Hill Bridge transforms the Dallas skyline and Dallas relationship to the 20-mile green space known as the Trinity River Corridor. The bridge joins more than a dozen downtown bridges, all overlooking the Trinity River that runs beneath them. Margaret Hunt Hill Bridge also connects West Dallas with the heart of downtown, instigating new urban conservation and development revitalization efforts in a historically underserved part of the city. According to the Texas Department of Transportation, the bridge costs $82 million, and the highway approaches and land cost more than $100 million. The adjacent Continental Avenue Bridge will soon be transformed into a pedestrian plaza and gateway park also connecting West Dallas with the Design District and downtown. The Sylvan bridge construction begins in 2012, and the Margaret McDermott Bridge, replacing the I-30 bridge, begins construction in ###