02-08-17 F-216 Little Cedar Bayou Wetlands Migigation for USACE Permit

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RP-2017-117251 03/20/2017 RF'2 $32.00 f DEED RESTRICTION City of La Porte is the owner of the real property more particularly described and shown in Exhibit"A" (hereinafter the "Property") attached hereto and made a part hereof. The approximately 0.06-acre Property is also referenced in the Mitigation Plan for USACE Nationwide Permit SWG-2008-0119. The Property is subject to the conditions of Department of the Army Section 404/Section 10 Permit Number SWG-2008-0119, dated July 20, 2010, or a revision thereof. One of the conditions of the referenced permit requires restrictions be placed on the deed for the Property for the purpose of providing compensation for adverse impacts to "waters of the United States". The intent of this document 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 the Mitigation Plan for USACE Nationwide Permit SWG-2008-0119. Activities, which may, in the future, be conducted within the Property that will affect the vegetative and/or 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 initiation. The parties to this agreement include the Property owner(s)who by their signature accept the third-party rights of enforcement herein and agree that the deed restrictions will be subject to the following conditions: 1) Property Description City of La Porte(Applicant)will provide as Attachment A-1: a) On-site photographs taken at appropriate locations on the Protected Property including all major natural features;and b) A copy of the deed with an accurate legal description ora current survey certified by a Texas Registered Professional Land Surveyor (RPLS) of the Protected Property. c) A copy of a verified wetland survey map, which delineates all waters of the United States,including wetlands within the Property. 2) Term These restrictions shall run with the land in perpetuity and be binding on all future owners, heirs, successors, administrators, assigns, lessees, or other occupiers and users.The owner must file this Deed Restriction of record with the County Clerk of Harris County, Texas within 10 days of the date this document is signed and provide a copy of the recorded Deed Restriction to the USACE, Galveston District within 30 days of filing. 3) General Except for such specific activities as authorized pursuant to DA Permit Number SWG-2008- 0119,the following activities are prohibited on the Property subject to this Deed Restriction: 1 Row Otit P, V, 11