HomeMy WebLinkAboutBULKHEAD AT KLEIN RETREAT NCI_2005-2203CITY OF LA PORTE BUSINESS RECORDS 10.22.2019
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BULKHEAD AT KLEIN RETREAT NCI
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BULKHEAD AT KLEIN RETREAT NCI
2005-2203
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City of La Porte
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May 1, 2006
J&S Contractors, Inc
PO Box 4003
Brazoria, Texas 77422
Re: NCP Improvements
Dear Mr. Glick,
This letter is to advise you that the bulkhead and other improvements have been accepted
by the City of La Porte. April 14, 2005 is considered the date of acceptance and it
initiates the one (1) year contractor's warranty period as stated in Exhibit "E" on Page 3.
It has been a pleasure working with your firm and if you have any questions, please do
not hesitate to give me a call at 281-470-5065.
Sincerely,
t
Reagan Mc Phail
Public Improvement Coordinator
Cc: Stephen Barr, Parks Director'
Berdon werence
File
604 W. Fairmont Pkwy. • La Porte, Texas 77571 9 (281) 471-5020
COMPANY
6.
7.
9
CITY OF LA PORTE
PRE -CONSTRUCTION MEETING
NCIPROPERTY
SIGN IN
DATE: November 2, 2005
TIME: 10 A.M.
LOCATION: LA PORTE CITY HALL
NAME
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PRECONSTRUCTION CONFERENCE
Project: NCI f /1O" Owner: 6c.4
Planning De t Job No: Contractor:
Date: " L Z o o f Time: `O! Am Location: G
Attendees: See attached Attendance Roster
City of La Porte Inspector:
City of La Porte Public Works Representative:
Office:
Engineering Department Representative:
Office: 2 CI — 47 J- fa Ld
2. Contractor Organization:
Project Manager: Office:
Pager:
Mobile:
Supervisor On -Site:
24 hr. Emergency Phone:
Pager: ' Mobile:
Engineer of Record:
Address:
Office:
4. Laboratory:
5. Progress Payment Request Cut -Off Date
Fax:
Contact:
Phone:
Payment Date: '
6. Construction Submittals:
-use of submittal form
-timely submission IV 4tf
-Construction Schedule
7. Site meetings: As needed
8. Permits: ` Il ?e r Wn, -
9. Utility Coordination: Call OneCall
Operator: Contact:
Operator:
Phone:
Contact:
Phone:
Mobile:
Office:
9. Change Orders — Requires Owner's Approval: Notify ASAP
10. Record Documents:
-Utility Projects:.
-Paving Projects:
-O&M Manuals:
11. Maintenance of Traffic Flow: Conform to Chapter Six of Texas MUTCD
12. Community Relations: Keep streets clean, minimize dust, practice good silt control
13. Environmental requirements/concerns
-NOI Required
-S WPPP Reou red
14. Contractors Staging Area: On -Site
15. Excess Spoil:
16. Move -in Date/NTP:
NIA
Construction Drawings Issued:
Date: A I
of copies:
Technical Specifications:
Date: P of copies:
17. Surveying:
bFF- ser _5 &AY_ htn-d 3o _ So
: J'P) AA
18. Miscellaneous:
a Wory— 54ej1 lf,
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MASTER AGREEMENT
THIS MASTER AGREEMENT (this "Agreement") is entered into as of the 4th day of.
October, 2005, by and among the CITY OF LA PORTE ("La Porte"), a municipal corporation,
C. BERDON LAWRENCE ("Lawrence"), a resident of Harris County, Texas, and LA PORTE
VISTA BAYWOOD, LTD. ("LPVB"), a Texas limited partnership.
RECITALS
City is the owner of (i) a tract of land containing 3.6850 acres in La Porte, Texas
described on Exhibit "A" attached hereto and commonly referred to as the Neighborhood
Centers Property ("the NC Property'), and (ii) a tract of land depicted on Exhibit `B" attached
hereto and commonly referred to as the south portion of Little Cedar Bayou Park (the "Park
Land").
Lawrence is the owner of (i) the tracts of land in La Porte, Texas described on Exhibit
"C" attached hereto (the `Bay Frontage Property") and (ii) the tracts of land located in La Porte,
Texas described as follows (the `Broadway Frontage Property"):
All of the lots in Block 1218 and all of the lots in Block 1255, less
and except Lots 1 and 2 thereof, of the Town of La Porte according
to the map thereof recorded in Volume 60, Page 115 of the Map
Records of Harris County, Texas.
LPVB, an entity affiliated with Lawrence, owns (i) the property containing
approximately 10.026 acres located in LaPorte, Texas described on Exhibit "D" attached hereto
which was formerly the site of an apartment project known as Vista Baywood Apartments and
(ii) Lots 1 and 2 of Block 1255 of the Town of La Porte according to the map thereof recorded in
Volume 60, Page 115 of the Map Records of Harris County, Texas (collectively, the "VB
Propert '). The Bay Frontage Property, Broadway Frontage Property and VB Property are
sometimes hereinafter collectively referred to as the "Lawrence Property".
The Bay Frontage Property and the VB Property are contiguous to each other and abut
the Park Land. The VB Property and Broadway Frontage Property are contiguous to each other
except that there are certain alleys and streets which traverse these tracts which are dedicated by
the Plat (defined below) but are not paved or in use at this time. La Porte and Lawrence have
heretofore entered into the Declaration (defined below) regarding the use of a portion of the Park
Land.
LaPorte, Lawrence and LPVB desire to enter into this Agreement to evidence the
following:
(a) the agreement of Lawrence to cause Construction Manager (defined below) to
manage and administer and provide funds for the construction and installation of
certain improvements to the NC Property;
(b) the agreement of LPVB to dedicate a drainage easement over and across the VB
Property; and
HOU:2426924.8
1
(c) the agreement of La Porte to amend the Declaration and extend the term thereof
as provided below and to abandon certain streets and alleys which traverse the VB
Property and Broadway Frontage Property.
AGREEMENTS
1. Definitions. The following terms, when used herein, shall have the following meanings:
"Abandonment Ordinance" means the ordinance of the City of La Porte relating to the
vacating, abandoning and closing of streets and alleys set forth in Section 62-31 through
62-35 of the Code of Ordinances of the City of LaPorte.
"City Abandonment Charges" means the purchase price and/or amounts payable in
respect of the fair market value of land and any other fees and charges payable to La
Porte or its contractors or vendors in connection with vacating, abandoning and closing of
streets and alleys pursuant to the Abandonment Ordinance including, without limitation,
any application fees or fees or charges related to the appraisal required pursuant to the
Abandonment Ordinance; provided, however, City Abandonment Charges shall not
include fees and expenses paid to the franchised utility providers (other than La Porte) for
the information required from the utility providers as a condition to vacating, abandoning
and closing of streets and alleys under the Abandonment Ordinance.
"Construction Contract" means the construction contract or proposal in the form attached
hereto as Exhibit "E" to be executed between Construction Manager and Contractor
providing for the construction and installation of the NCP Improvements.
"Construction Manager" means Knollwood, LLC, an entity owned and controlled by
Lawrence, who will act as construction manager for the construction and installation of
the NCP Improvements.
"Contractor" means J&S Contractors, Inc., the general contractor engaged by
Construction Manager to construct and install the NCP Improvements.
"Corps Letters" means (i) the two (2) letters dated February 17, 2005, from Stephen L.
Barr, Director of Parks & Recreation for the City of La Porte, to Kristi McMillan,
Regulatory Specialist for the U.S. Army Corps of Engineers, which defines the scope of
work for the NCP Improvements, and (ii) the two (2) letters dated March 3, 2005 and
March 17, 2005, respectively, from Bruce Bennett, Leader, North Evaluation Unit of the
Department of the Army, Corps of Engineers, to Stephen L. Barr, approving the
applications and further defining the scope of work for the NCP Improvements. Copies
of the Corps Letters are attached hereto as Exhibit "F".
"Declaration Amendment" means the Amendment of Declaration of Covenants and
Restrictions attached hereto as Exhibit "G" to be executed by LaPorte, Lawrence and
LPVB whereby the restrictions contained in the Declaration are expanded to affect
certain portions of the Park Land and the term of the Declaration is extended for an
additional twenty (20) years.
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HOU:2426924.8
J
"Declaration" means the Declaration of Covenants and Restrictions dated October 26,
1987 by and between La Porte and Lawrence recorded in the office of the County Clerk
of Harris County, Texas, under County Clerk's File No. L466001 and under Film Code
No. 107-00-0764 of the Official Public Records of Real Property of Harris County,
Texas.
"NCP Improvements" means the improvements to the NC Property described and
contemplated by the NCP Plans.
"NCP Plans" means the following plans and/or specifications for the improvements to the
NC Property: (i) the plans and specifications described on Exhibit "H" attached hereto
(ii) the specifications contained in the Construction Contract, and (iii) the plans and
specifications contained in the Corps Letters excludine any plans and/or specifications
relating to the seeding or planting of grass or the performance of post construction
obligations or maintenance requirements. The plans and specifications for the NCP
Improvements described on Exhibit "H" attached hereto have been prepared at the
direction of La Porte and at its cost and expense.
"Plat" means the plat of the Town of La Porte recorded in Volume 60, Page 115 of the
Map Records of Harris County, Texas.
2. Declaration Amendment. Concurrently with the execution of this Agreement, La Porte,
Lawrence and LPVB shall execute and deliver the Declaration Amendment. Lawrence,
at his expense, shall arrange for the recordation of the Declaration Amendment in the
Official Public Records of Real Property of Harris County, Texas
3. Alley/Street Abandonment. Immediately following the execution of this Agreement, La
Porte shall:
(a) complete the abandonment of the alleys which bisect Blocks 1218 and 1255 of the
Town of La Porte according to the Plat in accordance with the abandonment
applications dated on or about April 1, 2003 currently pending before the City
Council of La Porte in accordance with the Abandonment Ordinance (the "Alley
Abandonment); provided, however, La Porte shall waive the requirement for the
payment of any City Abandonment Charges in connection with such
abandonment and any funds currently deposited with La Porte in respect of the
City Abandonment Charges shall be refunded to Lawrence and LPVB;
(b) upon submission by Lawrence and LPVB of an abandonment application in
accordance with the Abandonment Ordinance, commence and complete the
abandonment and vacation of the unabandoned portion of the right-of-way of
Park Avenue as shown on the Plat from the southeast corner of Block 1255 of the
Town of La Porte (according to the Plat) to the northeast comer of Block 1218 of
the Town of La Porte (according to the Plat) (the "Park Avenue Abandonment");
provided, however, La Porte shall waive the requirement for the payment of any
City Abandonment Charges in connection with such abandonment; and
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HOU:2426924.8
(c) upon submission by Lawrence and LPVB of an abandonment application in
accordance with the Abandonment Ordinance, commence and complete the
abandonment and vacation of South R Street as shown on the Plat from the
intersection of Broadway and South R Street east to the temunation of the right-
of-way of South R Street in the VB Property and abandon and relinquish any
rights of the public in and to the private street through the VB Property from the
termination of the right-of-way of South R Street through the VB Property to the
Bay Frontage Property (the "South R Abandonment'); provided, however, La
Porte shall waive the requirement for the payment of any City Abandonment
Charges in connection with such abandonments.
Lawrence shall complete and submit the abandonment applications and any other
documents required pursuant to the Abandonment Ordinance in order to commence
and/or complete the Park Avenue Abandonment and the South R Abandonment, which
abandonment applications shall be similar to the abandonment applications currently
pending before the City Council of La Porte for the Alley Abandonment. Lawrence and
LPVB shall be responsible for obtaining any consents and joinders that may be necessary
from any abutting property owners for the Park Avenue Abandonment. La Porte and
Lawrence shall accomplish the abandonments described above as soon as reasonably
possible after the execution of this Agreement. The ordinances of the City Council of La
Porte to accomplish the Alley Abandonment, Park Avenue Abandonment and the South
R Abandonment shall be substantially consistent with the forms therefor attached to the
Intention to Abandon Resolution (as defined below).
Prior to completion of the Park Avenue Abandonment and South R
Abandonment, the City Council of La Porte may pass a resolution (the "Intention to
Abandon Resolution") in the form attached hereto as Exhibit "I" whereby La Porte agrees
that it will complete (i) the Park Avenue Abandonment and South R Abandonment
subject only to receipt of appropriate consents from the franchised utility providers (other
than LaPorte) in accordance with Section 62-34 of the Abandonment Ordinance, and (ii)
the Alley Abandonment (it being acknowledged that appropriate consents from the
franchised utility providers have heretofore been obtained for the Alley Abandonment).
4. Drainage Easement Reservation. Reference is here made to the fact that there is an
existing drainage ditch (the "Existing Drainage Ditch") of varying width over and across
the east portion of the Broadway Frontage Property and a portion of Park Avenue that is
the subject of the Park Avenue Abandonment. Concurrently with and as a condition to
the completion of the Park Avenue Abandonment, in the ordinance for the abandonment
of Park Avenue, La Porte shall reserve a drainage easement (the "Park Avenue Drainage
Easement") over and across the property which is the westernmost sixty (60) feet of the
property which is the subject of the Park Avenue Abandonment for the purpose of
constructing, installing, maintaining, operating, replacing and expanding a drainage
facility over and across such property. The ordinance shall provide that, at such time that
the Park Avenue Drainage Easement is improved with a drainage facility, La Porte shall
abandon and relinquish any right, title or interest that it has in and to any portion of the
Existing Drainage Ditch located outside the boundaries of the Park Avenue Drainage
Easement.
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HOU:2426924.8
5. NCP Improvements. The NCP Improvements shall be constructed and installed in
accordance with the terms of this paragraph.
(a) Lawrence shall cause Construction Manager to perform the following obligations
with respect to the construction and installation of the NCP Improvements:
(i) act as construction manager to administer and manage the construction
and installation of the NCP Improvements as more fully provided below;
and
(ii) at its cost and expense, pay the Contractor as and when due under the
Construction Contract the contract sum provided for in the Construction
Contract attached hereto as Exhibit "E" for the construction and
installation of NCP Improvements (exclusive of any costs and expenses
related to changes requested by LaPorte).
(b) La Porte shall have the following obligations with respect to the construction and
installation of the NCP Improvements:
(i) permit Construction Manager and Contractor full access to and possession
of the NC Property to the extent necessary to construct and install the NCP
Improvements; and
(ii) otherwise cooperate with Construction Manager and Contractor to
facilitate the construction and installation of the NCP Improvements as
soon as possible after construction thereof commences including, without
limitation, cooperating with Construction Manager and Contractor in
obtaining all necessary permits (with permit fees to be waived by La
Porte) to entitle Contractor to perform such construction.
(c) Not later than the date that the abandonments contemplated by Paragraph 3 above
are completed (or, if sooner, the date that the Alley Abandonment is completed
and the Intention to Abandon Resolution is passed and a copy thereof delivered to
Lawrence and LPVB), Construction Manager shall enter into the Construction
Contract and give a notice to proceed to the Contractor. Thereafter, Construction
Manager shall cause Contractor to commence and substantially complete the NCP
Improvements consistent with the NCP Plans and the Construction Contract. As
and when payments under the Construction Contract become due and payable to
Contractor, Construction Manager shall make such payments to Contractor up to
the contract sum provided for therein (exclusive of any costs and expenses related
to changes requested by LaPorte). La Porte shall have the right to inspect the
progress of the construction and installation of the NCP Improvements at any
time.
(d) No changes in the work of the Contractor are contemplated in connection with the
construction and installation of the NCP Improvements. However, the following
provisions shall apply with respect to change orders:
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HOU:2426924.8
(i) Change orders requested by the Contractor that are necessary to complete
the NCP Improvements and the scope of work defined in the Construction
Contract shall be submitted to the Construction Manager and LaPorte.
Construction Manager shall implement such change orders. All costs and
expenses associated with such change orders shall be the sole cost and
expense of Construction Manager including, without limitation, any fees
paid to engineers for the changes to the NCP Plans or NCP Improvements
and any increases in the contract sum under the Construction Contract
resulting therefrom.
(ii) La Porte may submit to Construction Manager requests for changes in the
NCP Plans or NCP Improvements and Construction Manager shall
implement such request for changes; provided, however, all costs and
expenses associated with such change shall be the sole cost and expense of
La Porte including, without limitation, any fees paid to engineers for the
changes to the NCP Plans or NCP Improvements and any increases in the
contract sum under the Construction Contract resulting therefrom.
Construction Manager may require La Porte to deposit the amount of such
costs and expenses (or an estimate thereof) prior to effecting such change
in the NCP Plans, NCP Improvements and Construction Contract.
(e) Upon substantial completion of the construction and installation of the NCP
Improvements in substantial accordance with the NCP Plans, Construction
Manager shall so notify La Porte. La Porte shall have a period of ten (10) days
after such notice to inspect the NCP Improvements as constructed and installed
and give notice to Construction Manager of any matters which must be addressed
before La Porte will accept the NCP Improvements as substantially complete in
accordance with NCP Plans. If La Porte gives such notice, Construction Manager
will address or cause the Contractor to address the matters detailed in such notice
and give another notice to La Porte of such substantial completion and La Porte
shall have a period of ten (10) days after such notice to inspect the NCP
Improvements as constructed and installed and give notice to Construction
Manager of any matters which must be addressed before La Porte will accept the
NCP Improvements as substantially complete in accordance with NCP Plans.
Such procedure shall be repeated until La Porte accepts or is deemed to have
accepted the NCP Improvements as substantially complete in accordance with
NCP Plans. If La Porte does not send a notice during any such ten (10) day
period for inspection, La Porte shall be deemed to have accepted the NCP
Improvements as substantially complete in accordance with NCP Plans. Upon
acceptance or deemed acceptance of the NCP Improvements as substantially
complete in accordance with NCP Plans, Construction Manager shall assign the
Construction Contract to La Porte, and Lawrence, LPVB and Construction
Manager shall have no further obligations or liabilities with respect to the
constriction and installation of, the NCP Improvements except that Construction
Manager shall continue to make payments to the Contractor under the
Construction Contract up to, but not exceeding, the contract sum provided for
therein (exclusive of any costs and expenses related to changes requested by La
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Porte). Without limiting the generality of the foregoing, it is intended that, by
virtue of such assignment of the Construction Contract to LaPorte, the
Construction Manager shall assign all warranties and guarantees of Contractor to
La Porte upon acceptance or deemed acceptance by La Porte of the substantial
completion of the construction and installation of the NCP Improvements, and La
Porte shall have the right to enforce the performance of such warranties and
guarantees directly against Contractor.
6. Future Drainage Easement. In connection with the future development of property (the
"Development Property") containing approximately seven (7) acres located generally
west of the Broadway Frontage Property across South Broadway Street (as shown on the
Plat), La Porte contemplates the need to permit storm water drainage from the
Development Property to drain into the Park Avenue Drainage Easement in order to
permit such storm water to drain into Little Cedar Bayou. Lawrence agrees that, if
requested by La Porte and subject to the terms and conditions set out below, Lawrence
will grant to La Porte an easement (the "Future Drainage Easement") under, through and
across a portion of the Broadway Frontage Property as described below for the purpose of
installing, constructing, operating, inspecting, testing, maintaining, replacing, repairing,
upgrading, removing or altering below ground storm sewer lines in order to provide
storm sewer drainage from the Development Property to the Park Avenue Drainage
Easement. The grant of the Future Drainage Easement shall be on the following terms
and conditions (and the instrument granting the Future Drainage Easement shall contain
appropriate provisions to reflect such terms and conditions):
(a) The Future Drainage Easement shall be under, through and across a strip of land
(the "Easement Parcel") between 16 and 20 feet in width (as determined by La
Porte) adjacent and contiguous to the south boundary line of the Broadway
Frontage Property (i.e., the south boundary line of Block 1255 as shown on the
Plat), including the portion of Easement Parcel abandoned by La Porte in the
Alley Abandonment, from South Broadway Street east to the Park Avenue
Drainage Easement.
(b) La Porte shall be responsible for conducting all necessary engineering studies and
for performing all appropriate construction work to expand, if necessary, the Park
Avenue Drainage Easement in order to accommodate the increased flow of storm
drainage waters into the Park Avenue Drainage Easement as a result of the Future
Drainage Easement. All storm sewer lines installed within the Easement Parcel
shall be buried to a depth required by the grades required for drainage, and
backfilled to normal ground level.
(c) After each entry upon the Easement Parcel, La Porte shall leave said land at
substantially the same level and condition that it was in prior to such entry to the
full extent reasonably possible. In the event that any such entry should cause or
produce damage to the fence, gates or other improvements that may be situated on
said land or any other lands of Lawrence or LPVB, or cause or produce damage to
the surface of the land or any other lands of Lawrence or LPVB, La Porte shall
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HOU:2426924.8
promptly restore and/or repair the same and/or pay to Lawrence and/or LPVB any
and all damages that may be caused by reason of such entry.
(d) The easement shall expire and terminate automatically if La Porte fails to
construct and install storm sewer lines in the Easement Parcel within twelve (12)
months after the granting thereof or, thereafter, La Porte abandons the easement
or fails to use the same for a period of twelve (12) consecutive months. In such
event, La Porte agrees that upon request by Lawrence, it will promptly upon
written request execute and acknowledge in recordable form such instruments or
documents as may be necessary to evidence the expiration and termination of the
easement and its rights hereunder.
(e) Lawrence shall reserve the right to use and enjoy the land affected by the Future
Drainage Easement for any purposes except insofar as such use and enjoyment
unreasonably interferes with the rights granted to La Porte in such instrument.
The agreements of Lawrence and La Porte set forth in this Paragraph 6 shall
continue in full force and effect for a period of two (2) years after the date hereof. If La
Porte has not made request of Lawrence to grant the Future Drainage Easement within
such two (2) year period, the agreements of La Porte and Lawrence set out in this
Paragraph 6 shall terminate and expire. Further, upon the granting of the Future Drainage
Easement, the terms and provisions of the instrument granting such easement shall
supersede and replace the terms and provisions of this Paragraph 6.
7. Termination. This Agreement shall terminate upon the occurrence of all of the following:
(i) the completion of the abandonments contemplated by Paragraph 3 hereof and granting
of the Park Avenue Drainage Easement in accordance with the terms of Paragraph 4
hereof, (ii) the completion of the NCP Improvements in accordance with the terms of
Paragraph 5 hereof, and (iii) the granting of the Future Drainage Easement or the
expiration of the right of La Porte to request the Future Drainage Easement in accordance
with the terms of Paragraph 6 hereof. Upon the termination of this Agreement in
accordance with the foregoing sentence, upon request of any party hereto, the parties
shall execute an instrument to evidence the termination hereof.
S. Waiver. The failure of a party to insist in any one or more instance on the performance
of any term or condition of this Agreement shall not operate as a waiver of any future
performance of that term or condition.
9. Headings. The headings used in this Agreement appear strictly for the parties'
convenience in identifying the provisions of this Agreement and shall not affect the
construction or interpretation of the provisions of this Agreement.
10. Legal Fees. If any party to this Agreement succeeds in any legal action to enforce the
provisions of this Agreement, the other party or its successor -in -interest (as applicable)
shall reimburse the successful party for its attorneys' fees and costs related to the action,
in addition to any other relief obtained by the successful party.
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HOU:2426924.8
11. Counterparts. The parties may execute this Agreement in counterparts, each of which
shall constitute an original and all of which, when taken together shall constitute one and
the same instrument.
12. Governing Law. This Agreement shall be subject to and be governed by the laws of the
State of Texas.
13. Notice. Any notice or request required or desired to be given under this Agreement shall
be in writing and shall be deemed to have been properly served when (i) delivered in
person, or (ii) three (3) days after deposit in the United States Mail, certified, return
receipt requested, postage pre -paid,
(a) if to LaPorte:
City of La Porte
Attn: City Manager
604 West Fairmont Parkway
LaPorte, Texas 77571
or (b) if to Lawrence or LPVB, to
Attn: Robert B. Egan
55 Waugh Drive, Suite 1240
Houston, Texas 77007
Any party may change such party's address for purposes of notice hereunder, by giving
notice to the other parties in accordance with the foregoing terms of this paragraph.
14. Severability. If any of the covenants, conditions or terms of this Agreement shall be
found void or unenforceable for whatever reason by any court of law or of equity, then
every other covenant, condition or term herein set forth shall remain valid and binding
provided that in such event all of the parties shall to the fullest extent possible modify
such covenant, condition or term to the extent required to carry out the general intention
of this Agreement and to impart validity to such covenant, condition or term.
(Signature page follows]
E
HOU:2426924.8
EXECUTED to be effective as of the date first above written.
CITY OF LA PO// RTE
By: W
Name: Debra Brooks Feazelle
Title: City Manager
ATT#ST:
' a
City Sec etary k.
IN
HOU:2426924.8
SIGNATURE PAGE FOR MASTER AGREEMENT
C. BERDON LAWRENCE
LA PORTE VISTA BAYWOOD, LTD.,
a Texas limited partnership
By: Vista Baywood GP ., Texas
corporation, its O P er
By: z v/ 7r, r
obert B. %an,
President
EXHIBIT "A"
Description of NC Propertv
A-1
HOU:2426924.5
EXF13BIT "A"
FIELD NOTE DESCRIPTION OF 3.6950 ACRES OF LAND BEING A PORTION OF A CALLED 4.599 ACRES
OF LAND BEING APART OF A 19.1 ACRE TRACT SHOWN AS TAT 19 OF THE W.B. LOWRANCE
SUBDIVISION ACCORDING TO THE PLAT RECORDED IN VOLUME 1, PAQE 53 OF THE MAP RECORDS
OF HARRIS COUNTY, TEXAS AND BEING IN THE IOHNSON HUNTER SURVEY, A-35, CITY OF LA
PORTE, HARRIS COUNTY, mmAS. SAID TRACT BEING Tim SAME PROPERTY DESCRIBED IN
VOLUME 4834, PAGE ISB FOTHE RARR1S COUNTY DEED RECORDS: SAID 3.68SO ACRES BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGLNNINO, at a 1-ineb icon sod fond making The want comes, of a aid tact of land described in did seconded in vohrme
4834. Page 159 of the Deed Records of Harris County. Tesrnt4 aid point being co the sauthcartedy right-0f wuY line of
Bal,shorm Drive (90 feet wi&e .
TI(ENCE, N 26- 00' 00" E, and with the aouthesacly right-of-wy lose of aid Baydntr: Grim a distance of 63.92 Imt.w A 4-
foot chain'link fatee post maldtug the wd caner of a truet of land described in dad cow, d of volume 232, page 189 of tho
Harm County Deed RaArdr, said point hearing S 64. 00' Or E, a distmce of W.00 fat from the south corner of Block 17, of
Bay Fmttt Addition according to the plat receded in volrne 85, page MO of the D=d Records of Hmis County, Tam+:
THENCE S 52- 25, IS- E, a dissare of 34.IS feet to a 4-foot chain link post found for a point for comer of the herein
described tram
THENCE. N 3 r 57' OT E, a dlawaxt of 50.00 feet to a 4-foot chain )ink post found for a Point for Corner of the hocbu
described tract
TIMNCE, N 51- 55' 41" W, a dtCaooe of 64.83 fact to a 4.faot chain link post found co the sondsestrly rightof-way line of
said Boyshare Drive for a point for coma of the herein describod but
THENCE. N 26. 00' W" E. along the sonamsts y riot line of said Baysbo a Dore. a distance of 287.57 Cyst to a (-
inch ban rod found on the southwesterly line of Bay Shore Pak A&GLion oaordiug. to am plat recadrd in volume 10. large 32
of the Harris Canty Mop Reeaads, said point being the neah cower orthe herein described tract
THENCE. S 51. 53' 54- $ and with the aom6s.otaly line of said Bay Shoe Pak Additiaq a dirAom of 389.74 feet to a 6-
foot chain link post found for the can toner of the herein described tract, said point being on the sot shore line of Galveston
o:
THENCE, following the meanders of the westerly sham Iwo of 0alteston Bay the 100001ing cosasto and dt.r,.. eec
S 33. 02' 43" W, a distance of43.04 fact to a point for comer.
3 09- 03- 1T W, a 6rtaaee of 66.43 fete to a point for comer.
S 2T 59' 34" W, a distatce of 49.70 foal to a point.for corns.
S 14. 06' 14" E. a distance of53.68 foes to a point for tsarq
S 29. 24' 10- W, a diva roe of 27.57 reel to a point for comer,
S 39' 38' 54" W, a die none of T1.81 fad to a point for cone,
S 39. 3T 27" W. a disueoe of 77-89 fan to a point far caner.
S 25. 41' 35" W, a distance; of 21.41 feet to a 6-foot cLmT link peat fond 1-3 feu oath of the aauh coma of the
bade described treat, said point being on the north line of Sylvan Beach Prclt .
THENCE. N 51. 44' 36" W. along the oath lime of said Sylvan Beach ParK a distance of 409.17 feet to the POINT OF
BEOLNNM of the herein descrnbnh tea and containing as aforesaid 3.6850 Bern of land.
Dated ffo-Roc,21st day of April, 2004
lob No. 2004124 n �:0R.0, elk 4 diet' JG ;rrOKF..su ;ALttu<1n Js
THE Srti E 0r TEXAS
WUNN OE 11AM96
, Axel' mM1d MA in ruvaeb ni KED in Re stoner Set ea w ere
dux arc a se bet snmoec raeon or rM am was aw RECORDEC in It
Offoat Patio Records eat Rear Property of Nam Co rr Tws or,
JUN - 2 2004
3�a COIWrY�
�. / HARfeSWI,'PrrY TEXAS
EXHIBIT " B"
Description of the Park Land
HOU:2426924.5
Page I of I
EXHIBIT vvBvl,L
file:HC:\Documents%20and%2OSettings\villk\Local%2OSectings\Temporaty%201ntemet%2OFiles\OLK7\...
9/15/2005
EXHIBIT "0'
Description of Bav Frontage Propertv
C-1
HOU:2426924.5
EXHIBIT "C"
T3ACT IS
Being a 0.5411 acre tract I called 0.5892 acres ) out of Lot 23. W. B. Lowrance
Subdivision.., Johnson Hunter Survey, A-35, Harris County, Texas and being the
same tract of land as conveyed by Stan Sherwood to -Decker McKim. Trustee. according
to the Instrument recorded under Harris County Clerk's File No. C821482.
The 0.5411 acre tract of land is more particularly described by metes and
bounds as follows;
Commencing at a 5/8 inch iron rod found for the Northwest corner of that cereal
0.9603 acre tract of land as conveyed by Stan Sherwood. Trustee. to Stanley D.
Sherwood on January 6,19B1 as evidenced by the instrument recorded under Harris
County Clerk's Film Code No.175-89-13B2.
Thence,Soutb; coincident with the.%East boundary line of that certain 20.00
acre tract of land conveyed by Frank Bonner Howard to George B. Rush and O'Meara
Properties. Inc. according to the instrument recorded under Harris County Clerk's
Film Code No. 237-37-0027; a distance of 313.59 feet to a 1/2 inch iron rod set for
the Northwest corner of this tract and the POINT OF BEGINNING.
Thence, S 76' 51' 37" E; coincident with the South boundary line of that
certain called 0.8085 acre tract of land conveyed by Stanley D. Sherwood to
Nilliam C. Staner on January 6.1981 as evidenced by the instrument recorded under
Harris County Clerk's File No..G821480; passing at 160.27 feet a 1/2 inch iron rod
set for reference corner; for a total distance of 186.45 feet to a point for the
Northeast corner of this tract.
Thence, coincident with the existing westerly shoreline meanders of Galveston
Bay as follows;
S 26' 19' 14" A a distance of 11.17 feet to a point for corner.
S 34' 06' 22" H'a distance of 148.21 feet to a point for corner.
S 56' 31' 37" E a distance of 26.61 feet to a point for the Southeast corner
of this tract.
Thence. N 88' 28' 35" H; passing at 50.74 feet a 5/8 inch iron rod found
for a reference corner; for a total distance 115.74 feet to a 5/8 inch iron rod
found for the Southwest corner of this 0.5411 acre tract.
Thence. North; coincident with the East boundary line of the afore -mentioned
George B. Rush 10.00 acre tract of land; a distance of 186.71 feet of the POINT
OF BEGINNING.
EXHIBIT.' C" :n .
TRACT II''.
Being a 0.2633 acre.tract of .land( called 0:2152 acres ) subject to the
ebb and flow of the tides of Galveston Bay and being out of ,Lot 23, N.B. Lowrance
Subdivision, Johnson Hunter Survey, A-35, Barris County, Texas and being the same
tract of land as conveyed by Stan Sherwood. -Trustee to Decker McKim, Trustee,
according to the instrument recorded under Barris County Clerk's File No. G821482.
The 0.2633 acre tract of land is more particularly described by metes and
bounds as follows;
Commencing at a 5/8 inch iron rod found for the Northwest corner of that
certain 0.9603 acre tract of land conveyed by Stan Sherwood, Trustee to Stanley
D. Sherwood on January 6,1981 according to the instrument recorded under Harris
County Clerk's Film Code No. 175-89-1382.
Thence, South; coincident with the East boundary line of that certain 20.00
acre tract of land conveyed by Frank Bonner Howard to George B. Rush and O'Meara
Properties, Inc according to the instrument recorded under Harris County Clerk's
Film Code No. 137-37-0027; a distance of 313.59 feet to a 1/2 inch iron rod for
corner.
Thence, S 76' 51' 37" E; coincident with the South boundary line of that
certain called 0.8085 acre tract of land conveyed by Stanley D. Sherwood to
Nilliam C. Starter according to the instrument recorded under Harris County Clerk's
File No. G821480; passing at 160.27 feet a 1/2 inch iron rod; for a total distance
of 186.45 feet to a point for the Northwest corner of this 0.2633 acre tract and
the POINT OF BEGINNING.
Thence, coincident with the existing westerly shoreline meanders of Galveston
Bay as follows;
S 26' 19' 14" N a distance of 11.17 feet to a point for corner.
S 34' 06' 22" N a distance of 148.21 feet to a point for corner.
S 56' 31' 37" E a distance of 26.61 feet to a point for corner.
Thence. S 88' 28'35" E a distance of 67.15 feet to a point for the Southeast
corner of this tract.
Thence. N 23' 26' 16" E a distance of 147.38 feet to a point for the Northwest
corner of this tract.
Thence. N 76' 511•37" N a distance of 61.49 feet to. the POINT OF BEGINNING.
EXHIBIT "C"
TRACT III:
Being.a 0.43D3 acre tract of land, out of'Lot 23, W.B. Lowrance Subdivision,
Johnson Hunter Survey, A-35, Harris County. -Texas and being a portion of that certain
called 0.8085 acre tract of land conveyed by Stanley D. Sherwood to William C. Staner
on January 6,1981 as evidenced by the instument recorded under Harris County Clerk's
File No. G82148D.
Commencing at a 5/8 inch iron rod found for the Northwest corner of that certain
called 0.9603 acre tract of land as conveyed by Stan Sherwood, Trustee to Stanley
D. Sherwood on January 6, 19B1 as evidenced by the instrument recorded under Harris
County Clerk's Film Code No. 175-89-1382'.
Thence, South; coincident vith the East boundary line of that certain 10.00 acre
tract of land conveyed by Frank Bonner Howard to George B. Rush and O'Meara Properties,
Inc. according to the instrument recorded under Harris County Clerk's Film Code
No. 137-37-0027; a distance of 150.80 feet to to a 1/2 inch iron rod set for the
Northwest corner of this 0.4303acre tract and the POINT OF BEGINNING.
Thence, S 76' 51'37" E; coincident with the South boundary line the aformentioned
0.9603 acre tract; passing at 243.06 feet a 1/2 inch iron rod set for a reference
corner; for a total distance of 258.06 feet to a point for the Northeast corner of
this tract.
Thence; coincident with the original shoreline meanders of the Westerly shoreline
of Galveston Bay as follows;
S 25' 53' 36" W a distance of 7.78 feet to a point for corner.
S 25' 39' 50". W a distance of 72.22 feet to a point for the Southeast corner
of this tract.
Thence, N 76" 48' 46" W; passing at 22.26 feet a 1/2 inch iron rod set for
reference corner; for a total distance of 222.50 feet to a 1/2 inch iron rod set
for the Southwest corner of this tract.
Thence, North; coincident with the East boundary Iine of the O'Meara Properties
10.00 acre tract; for a distance of 80.00 feet to the POINT OF BEGINNING.
EXHIBIT "C"
a
TRACT ZV. rt
Being a 0.106 acre tract of land subject to the. ebb and flow of the tides
of Galveston Bay and being out of Lot 23, W. B. Lowrance Subdivision, Johnson
Hunter: Survey. A-35, Harris County, Texas.. The said.-0.1026 acre tract is described
more particularly as being out of that certain called 0.2135 acre tract of land
shown as exhibit "B" as conveyed by, Stan. Sherwood to William C. Staner on January
6;1981 as evidenced by theAnstrument recorded ;under Harris County Clerk's File
No. G821480.,
The 0.1026 acre .tract.ivaore.p'articularly described by metes and bounds
as' follows; �'
Commencing at a 5/8 inch iron rod found for the Northwest corner of that
certain called 0.9603 acre tract of land as conveyed by Stan Sherwood, Trustee,
to Stanley D. Sherwood on January 6, 1981 as evidenced by the instrument recorded
under Harris County Clerk's Film Code No. 175-89-1382'.
Thence, South; coincident with the East boundary line of that certain 10.00
acre tract of land conveyed by Frank Bonner Howard to George B. Rush and O'Meara
Properties, Inc. according to the instrument recorded under Harris County Clerk's
Film Code No. 137-37-0027.; for a distance of 150.80 feet to a 1/2 inch iron rod
for corner.
Thence. S 76' 51' 37"'E; coincident with the South boundary line of that certain
called 0.9603 acre tract of land conveyed by Stanley D. Sherwood to James M.
Sims as evidenced by the instrument recorded under Harris County Clerk's
Film Code 008-82-1024.and the North boundary line of that certain called 0.8085
acre tract of land as evidenced by the instrument recorded under Harris County
Clerk's File No. G821480; for a total distance of 258.06 feet to a point for the
Northwest corner of this 0.1026 acre tract and the POINT OF BEGINNING.
Thence, coincident with the' original shoreline meanders of the Westerly
shoreline of Galveston Bay as follows;
S 25' 53' 36" W a distance of 7.78 feet to a point for corner.
S 25' 39' 50" W a distance of 72.22 feet to a point for the Southwest corner
of this tract.
Thence, S 76' 48' 46" E a distance of 58.86 feet to a point for the Southeast
corner of this tract.
Thence. N 23' 26' 16" E a distance of 64.04 feet to a point for corner.
Thence, N 21' 12' 04" E a distance of 15.28 feet to a point for the Northeast
corner of this tract.
Thence, N 76' 51' 37" W a distance of 55.07 feet to the POINT OF BEGINNING.
EXHIBIT "C"
TRACT V:
Being a 0.9591 acre tract (called 0.9603 acres) out of Lot
23, W. B. Lowrance Subdivision, Johnson Hunter Survey, A-35,
Harris County, Texas, and being the same tract of land referred
to as Exhibit "A" in the deed from Stanley D. Sherwood to James M.
Sims as recorded under Harris County Clerk's File Code 008-82-1024.
The 0.9591 acre tract of land is more particularly described
by metes and bounds as follows:
Beginning at a 5/8 inch iron rod found for the Northwest corner of this
0.9591 acre tract of land; said corner is also the Northwest corner of that certain
2.358 acre tract of land conveyed to Stanley D. Sherwood, Trustee by the Estate of
Frank Bonner Howard ( Deceased ). ,
Thence. S 76' 51' 37" E; coincident with the South boundary line of that
certain 9.4925 acre tract'of'land conveyed to Watson's Bay. Inc. by W. S. Crawford
Jr. according to the deed recorded in Volume 6959, Page 568 of the Harris County
Deed Records; passing at 220.00 feet a 5/8 inch iron rod found for reference corner;
for a total distance of 292.38 feet to a point for corner in the present shoreline
of Galveston Bay.
Thence; coincident with the meanders of the Westerly shoreline of Galveston
Bay as follows;
S 38' 56' 46" E a distance of 14.83 feet to 'a point for.corner;
S 11' 40' 00" W a distance of 33.34 feet to a point for corner;
S 15' 35' 43" W a distance of 60.24 feet to a point for corner;
S 25' 53' 36" ,1' a distance of 45.34 feet to a point for the Southeast corner of
this tract.
Thence, N 76' 51' 37" W; coincident with.the North boundary line of that certain
tract of land conveyed by Stanley D. Sherwood to William C. Staner as per the instrumen
recorded under Harris County Clerk's File No.. G821480; passing at 15.00 feet a 5/8
inch iron rod set foi reference corner; for a total distance of 258.06 feet to a
1/2 inch iron rod found for the Southwest corner of this tract.
Thence. North; coincident with the Fast boundary line'of that certain 10.00 acre
tract of land as conveyed by Frank Banner Howard to George B.Rush and O'Meara
Properties. Inc. according to the instrument recorded under Harris County Clerk's
Film Code No. 137-37-0027; a distance of 150.80 feet to the -POINT OF BEGINNING.
EXHIBIT "C"
TRACT VI:
Being a 0.1895 acre tract (called 0.1883 acres) out of Lot 23,
W. B. Lowrance Subdivision, subject to tidal flow, and being the
same tract of land referred to as Exhibit "B" in the deed from
Stanley D. Sherwood to James M. Sims as recorded under Harris
County Clerk's Film Code 008-82-1024.
The 0.1895 acre tract of land is more particularly described by
metes and bounds as follows:
Commencing at the 5/8 inch iron rod found for the Northwest corner of the
0.9591 acre tract.
Thence. S 76' 51' 37" E; coincident with the North boundary line of the
0.9591 acre tract previously described; a distance of 292.38 feet to the POINT
OF- BEGINNING.
Thence. S 76' 51' 37" E a distance of 75.83 feet to a point for corner.
Thence. S 21' 12' 04" A a distance of 14B.32 feet to a point for corner.
Thence, N 76' 51' 37" N; coincident with the North boundary line of that
certain 0.2135 acre tract described as Exhibit "B" in the deed from Stanley D.
Sherwood to William C. Staner as recorded under Harris County Clerk's File
No.'GB21480; a distance of 55.07 feet to a point for corner.
Thence; coincident with the meanders.of the present Westerly shoreline of
Galveston Bay as follows;
N 25' 53' 36" E a distance of 45.34 feet to a point for corner.
N 15' 35' 43" E a distance of 60.24 feet to a point for corner.
N I1' 40' 00" E a distance of 33.34 feet to a point for corner.
N 38' 56' 46" V a distance of 24.63 feet to the POINT OF BEGINNING.
EXHIBIT "Cl.
TRACT VII
Being a 0.3780 acre tract of land out of Lot 23., W. B. Lowrance
Subdivision, Johnson Hunter Survey, A-35,. Harris County, Texas. The 0.3780
acre tract of land is a part of that certain. 0. 8085 acre tract of land as
conveyed by Stanley D. Sherwood -to Wi111am.C..Staner.on January 6, 1981 as
evidenced by the instrument recorded under Harris County Clerk's File
Number G821480, which is the same tract of land conveyed to Herbert L.
Brannan by William C. Staner according to the instrument recorded under
Harris County Clerk's File Number H351771- C
The 0.3780 acre tract is more particularly described by metes and
bounds as follows:
Commencing at a 5/8 inch iron rod found for the Northwest corner of
that certain called 0.9603 acre tract of land conveyed by Stanley D.
Sherwood, Trustee to Stanley D. Sherwood on January 6, 1981 as evidenced
by the instrument recorded under Harris County Clerk's Film Code Number
175-89-1382.
Thence, South ( Reference Bearing ); coincident with the East
boundary line of that certain 10.00 acre tract of land conveyed by Frank
Bonner Howard to George B. Rush and Omera Properties, Inc. as evidenced by
the instrument recorded under Harris County Clerk's File Number D480689;
passing at 150.80 feet a 1/2 inch iron rod found for the Northwest corner
of that certain 0.4303 acre tract of land as conveyed by Herbert L.
Brannan to Hollywood Marine, Inc. according to the instrument recorded
under Harris County Clerk's File Number H887624; for a total distance of
230.80 feet to a P.R. Nail set in an expansion joint for the Northwest
corner of this 0.3780 acre tract and the POINT OF BEGINNING.
Thence, S 76 degrees 48 minutes 46 seconds E; coincident with the
South boundary line of the aforementioned 0.4303 acre tract; passing at
200.24 feet a 5/8 inch iron rod set for reference corner; for a total
distance of 222.50 feet to a point for the Northeast corner of this tract.
Thence, coincident with the original westerly shoreline meanders of
Galveston Bay as indicated in the deed of the aforementioned 0.8085 acre
tract as follows;
S 25 degrees 39 minutes 50 seconds W a distance of 32.48 feet.
S 24 degrees 01 minutes 22 seconds W a distance of 29.62 feet.
S 26 degrees 19 minutes 14 seconds W a distance of 20.17 feet to a
Point for the Southeast corner of this 0.3780 acre tract.
PAGE 1 of 2
Thence, N 76 degrees 51 minutes 37 seconds W; coincident with the
North boundary line of that certain 0.5411 acre tract conveyed by Stanley
Sherwood, Trustee to Decker McKim, Trustee as evidenced by the instrument
recorded under Harris County Clerk's File Number G821482; passing at 26.18
feet a 5/8 inch iron rod set for reference; for a total distance of 186.45
feet to a 5/8 inch iron rod set for the Southwest corner of this 0.3780
acre tract; said point being coincident with the Northwest corner of the
aforementioned 0.5411 acre tract.
Thence, North; coincident with the East boundary line of the .
aforementioned 10.00 acre tract acid" the the West boundary line of the
aforementioned 0.8085 acre tract; a distance of 82.79 feet returning to
the POINT OF BEGINNING.'
PAGE 2 of 2
EXHIBIT "C"
TRACT VIII
Being a 0.1110 acre tract of land out of Lot 23, W. B. Lowrance
Subdivision, Johnson Hunter Survey., A.-35, Harris ,County, Texas. The 0.1110
acre tract 'of land is a part of that certain 0.2135 acre tract of land as
.conveyed by Stanley.D:;Sherwood to:Wi131am,C. Stanek on January 6, 1961 as
evidenced by the instrument recorded.under Harris County Clerk's File
Number G821480 „which is the same tract of land conveyed to Herbert..L.
Brannan by.William C. Staner.according to* instrument recorded under
Harris County Clerk's File Number H351771.
The 0.1110 acre tract,is more particularly described by metes and
bounds 'as follows:
Commencing at a 5/8 inch iron rod.found for the Northwest corner of
that certain called 0.9603 acre tract of land conveyed by Stanley D.
Sherwood, Trustee to Stanley D. Sherwood on January 6, 1981 as evidenced
by the instrument recorded under Harris County Clerk's Film Code Number
175-89-1382.
Thence, South ( Reference Bearing); coincident with the East
boundary line of that certain 10.00 acre tract of land conveyed by Frank
Bonner Howard to George B. Rush and Omera Properties, Inc. as evidenced by
the instrument recorded under Harris County Clerk's File Number D480689;
passing at 150.80 feet a 1/2 inch iron rod found for the Northwest corner
of that certain 0.4303 acre tract of land as conveyed by Herbert L.
Brannan to Hollywood Marine, Inc. according to the instrument recorded
under Harris County Clerk's File Number H887624; for a total distance of
230.80 feet to a P.R. Nail set in an expansion joint for the Southwest
corner of the aforementioned 0.4303 acre tract.
Thence, S 76 degrees 48 minutes.46 seconds E; coincident with the
South boundary line of the aforementioned 0.4303 acre tract; passing at
206.24 feet a 5/8 inch iron rod set for reference corner; for a total
distance of 222.50 feet to a point for the Northwest corner of this 0.1110
acre tract and the POINT OF BEGINNING.
Thence, coincident with the original westerly shoreline meanders of
Galveston Bay as indicated in the deed of the aforementioned 0.2135 acre
tract as follows;
S 25 degrees 39 minutes 50 seconds W a distance of 32.48 feet.
S 24 degrees 01 minutes 22 seconds W a distance of 29.62 feet.
S 26 degrees 19 minutes 14 seconds W a distance of 20.17 Peet to a
Point for the Southwest corner of this 0.1110 acre tract.
PAGE 1 OF 2
Thence, S 76 degrees 51 minutes 37 seconds E into Galveston Bay;
coinc.ident.1with the South boundary line -of the 0.2135 acre tract; a
distance of 61.49 feet to a point for the Southeast corner of this tract.
Thence, N 23 degrees 26 minutes16 seconds E; coincident with the
East boundary line of the aforementioned 0.2135 acre tract; a' distance of
81.70 feet to a point for the Northeast corner of this 0.1110 acre tract.
Thence, N 76 degrees 48 minutes-46 seconds W; coincident with. the
South boundary line of that certain 0.1026 acre tract conveyed by Herbert
L. Braman to Hollywood Marine, Inc. as evidenced by the instrument
recorded under Harris County Clerk's File Number H887624; a distance of
58.86 feet returning to the POINT OF BEGINNING.
PAGE 2 of 2
EXHIBIT " D"
Description of the VB Property
D-1
HOU:2426924.5
EXHIBIT `°D"
Description of the VB Property
A tract of land containing 10.0026 acres out of the Frank Bonner Howard Tracts No. 1. 2 and 3. as
recorded in Volume 3319, Page 7 of the Harris County Deed Records (H.C.D.R.), out of Lot 23 of
the W.B. Lowrance Subdivision, Johnson Hunter League, Abstract 35, as recorded in Volume 83,
Page 596 H.C.D.R., and a part of that certain East 40 feet of Park Avenue, as vacated and abandoned
by City of LaPorte, Texas on September 27, 1971, by City Ordinance No. 892. and being more
particularly described by metes and bounds as follows:
BEGINNING at a 3/4-inch iron rod found for the southwest comer of that East 40 feet of Park
Avenue, as vacated and abandoned by the Hams County Commissioners Court on August 26. 1968.
and recorded in the minutes of said court in Volume 68, Page 7, same point being the northwest
comer of the subject 10.0026 acre tract;
THENCE South 76' 51' 37" East, along the common line between that certain 10.0035 total acres
conveyed to the City of LaPorte and described in deed recorded under Harris County Clerk's File
(H.C.C.F.) No. F423903 and said Frank Bonner Howard tracts, a distance of 340.00 feet to a
3/4-inch iron rod w/cap set for corner of a lift station out -tract;
THENCE South 13' 08' 23" West, departing said common line, a distance of 25.00 feet to a 3/4-inch
iron rod w/cap set for corner of a lift station out -tract;
THENCE South 76' 5 F 37" East, along the south line of said lift station out -tract, a distance of 25.00
feet to a 3/4-inch iron rod w/cap set for corner;
THENCE North 13' 08' 23" East, along the east line of said lift station out -tract, a distance of 25.00
feet to a 3/4-inch iron rod w/cap set in said common line between said City of LaPorte 10.0035 acres
and said Frank Bonner Howard tracts;
THENCE South 76' 51' 37" East, along said common line, a distance of 449.86 feet to a 5/8-inch
iron rod found for the northeast corner of the subject 10.0026 acre tract, same point being a common
corner to a 0.6035 acre tract H.C.C.F. No. M604460 and also a 0.9591 acre tract H.C.C.F. No.
J402815;
THENCE South 00' 02' 11" West, along the east line of said subject 10.0026 acres, at 230.78 feet
pass a "PK" nail, in a concrete driveway found for the common west comer of said 0.9591 acre tract
and a 0.4303 acre tract, H.C.C.F. No. J402815 and continuing, in all a total distance of 500.35 feet
to a 5/8-inch iron rod found for a common corner with the subject 10.0026 acre tract and a 0.5411
acre tract, H.C.C.F. No. J402815, same point also being in the north line of Crescent Shores
Subdivision as recorded in Volume 8, Page 58 H.C.M.R.;
Page 1 of 2
THENCE North 88° 28' 35" West, along the common line between said subject 10.0026 acres tract
and said Crescent Shores Subdivision, a distance of 97.12 feet to a point for corner, as described in
that certain Boundary Line Agreement recorded under H.C.C.F. No. J407171;
THENCE North 69' 37' 05" West, departing the north line of said Crescent Shores Subdivision
distance of 48.67 feet to a point for corner.
THENCE South 04° 16' 25" West, a distance of 15.75 feet to a point in the north line of said
Crescent Shores Subdivision;
THENCE North 88' 28' 35" West, along the north line of said Crescent Shores Subdivision, a
distance of 540.98 feet to a 3/4-inch iron rod w/cap set for corner;
THENCE North 00' 02' 11" East, departing the north line of said Crescent Shores Subdivision and
along the east line of that certain tract called Reserve "A", a distance of 235.64 feet to a 3/4-inch iron
rod w/cap set for comer;
THENCE North 89' 57' 49" West, along the north line of said Reserve "A", a distance of 108.96 feet
to a 3/4-inch iron rod w/cap set for corner in the west line of that certain East 40 feet of Park Avenue,
as vacated and abandoned by the City of LaPorte;
THENCE North 00' 02' 11" East, along the west line of said East 40 feet of Park Avenue, as vacated
and abandoned by the City of LaPorte, a distance of 431.67 feet to the POINT OF BEGINNING and
containing 10.0026 acres of land, more or less.
This Real Property Description is based upon a land title survey conducted under the direction of T.
Trigg Lupher, Registered Professional Land Surveyor, Texas Registration No. 4752 in January of
2001.
Page 2 of 2
EXHIBIT " E"
Form of Construction Contract
E-1
HOU:2426924.5
EXHIBIT "E"
J & S Contractors, Inc.
Brazoria, Texas 77422
Knogwood, LLC
P.O. Box 1343
Houston, Texas 77261
The following prices cover all costs to tekrcate exieft rip rap, build 400' of
timber bulkhead, furnish and place M and furnish and place concrete rip nap in
front of wan. If all work is awarded at one time and work schedule permits part of
the mobA¢ation may be saved on item C. All Quantities are approximate, actual
billing will be by the foot. cubic yard or ton.
AUow 3.4 weeks lead time on materials, 3-4 weeks for consbuetion, 1 week for
badddl, 1 week for rip rap. Teens wr31 be net 10 on each phase of the worts
completed. -
Thank you for this inquiry, we look forward to vmd mg with you on this project.
F. Scott GlCk
Mos President
AS Contractors, Inc.
Page 1 of 3
A.
B.
Bufid 400' + oimber bulkhead as per piano dated 2 July 2004
1. Move itdmove out equWmeut to site tuck aommm assumed for egmpmmt
and material delivery 950.00
2. Materials per foot of wall 79.O0x400' 31,600.00
3. Sales tax, materials only. Per foot of wall 6S2000' 2.608.00
4. Labor and equipment to imatall, per foot of wall 120.00x400' 48,000.00
5. Material for two 20' ft dome of 24" ADS drain pipes 709.78
6. Saks tax on ADS drain pipes 58.56
7. latxar to insun ADS drain pipe 500.00
8. Relocate existing rip tap L505,00
Total to build 400' timber bulkhead 92.831.34
Inuitl fill dirt, aNnnalcd requited 1,t100 cubic yards (compacted)
1. Move bdnw o out agtpeah to eta teaclk access for c*pmmt delivery 350.00
2. Famish fill dK rowed on avatlab ty and crttrem pricing
. 833 per cubic yard x 1,800 15,000.00
3. Push and back camp = fill delivered by dump truck to area 4aomt
to deadmen 3MJbubic yd. x 1,800 cable yd. BadM material shall be of
reasonably clean sell, Sec of any eo atreablas m that is tegadatod by Local
State and Federal Agencies, eompadod in 8 =12" Wt$ to a deesry tmmehiag
the ea&W* soil The malem comma shall be m fficimo to achieve the desired
convection. The top 12" shall be fire of debris and shall be of a topsoil
mawW conductive to plant growth Upon completion of the final lift the
cadre bwJcfllled am shall be ptepatetI for planting, the area shall be graded
smooth and them tilled to a depth ofZ -3". 5.796.00
4. Sales tax on 1.800 cmbic yards fill 1237
Total to install I AW cubic yards All 22,383.50
Page 2 of 3
C. Install 12" + crashed - , a r Pie rip nip in fmmt of txtmplete 1 wall, air till is complete.
Rip -rap sbaR be emaete and fice of exposed mbar, exposed mbar shaU be cat
and removed from the site. Rkmv tdmll be semi -round, is shape with a minimum
diameter of Ir. If dp W is of various sizes, tic rip cep shall be placed in layers
beginning with the amp for the but and ®radwaing in sine as each layer is
Placed. The rip -rap material @hall be free of egbak The plaeemem shall be
conducted in such a manner as not to disturb the wedand grasses as shown an
the pions. Rip rap will be dumped in fins@ of wall, placed by excavator estimated total
required. 520 tons.
1. Move io/move out equipment to site track access assumed for aquipmcat
delivery 700.00
2. Assist bvdm to bulldemd and place rip rap. Damage to sod areas fiom to
bulkhead will occur, rapeir of sod areas not included 13.50 par ton x 520 tom 7.020.00
3. Furnish rip rap, based on actual availability and custom pricing
19.50 per ran x 520 tom 10,140.00
4. Sales tax on rip rap only 1.61 per son x 520 tons 937.20
Total to install 520 tone lr+cnzdmd eoeravte rip rat+ 19,69720
Warranty. Conbn;w wanams to Owner that tic wort paeformed pmsuaxt to the Proposal
sbdl be perforated is a good sod vmdnttanUlre mummer five of de&M not
inherent in the quality requited or permitted and that the work will confam
to the regal of the Proposal and plans and specification for the work
This w wamy excludes remedy for damage or defect eatnod by abuse,
modifications not ow avted by to C m mcl or. improper or msWicm=
mainleemac e, itaI I operefion at nofmd wee and tear tad no:mel usage.
This vvium Qy is for one year 8om oompkdon of work.
J&.S Camaaetms.Inc.
Page 3 of 3
EXHIBIT "F'
Copies of Corps Letters
F-1
HOU:2426924.5
EXHIBIT "F'
Parks & Recreation Department
We I/e oed?r/ed to me omits an Ind mamVemem of suoenor ours rn0 /ecrelboru/ Ncuilms.
mnovr//W oroyrrmsrno sff V vs '.With —# pmv o our cus/omers rrn "&sum Ina enncnmrm-
February 17, 2005
Ms. Kristi McMillan, Regulatory Specialist
North Evaluation Unit
U. S. Army Corps of Engineers
Galveston District, Regulatory Branch
P.O. Box 1229
Galveston, TX 77553-1229
Dear Ms. McMillan:
ESIR&ISIWd 1892
Re: Nationwide 27 Permit Review
City of La Porte Property -
Lot 19, W.B. Lowrance Subdivision
Johnson Hunter Survey, City of La Porte,
Harris County, Texas
As we discussed recently, the City of La Porte is proposing to install a new wooden
bulkhead for the purpose of bank stabilization at the site referenced above. In addition, as
discussed, the City would like to rearrange portions of the existing concrete riprap material
located,below the estimated Mean High Tide line to enhance the existing wetlands area as
well as create an environment where the wetlands grasses can expand. I have reviewed
the Federal Register requirements for Nationwide Permits; dated January 15, 2002, and It
appears that our project may require a Nationwide 27 permit based on our proposed scope
of work.
I have enclosed 8 1/2 by li black & white drawings of our proposed project, an aerial
location photograph, a Harris County Key Map location page, a copy of the General
Warranty Deed showing ownership by the City of La Porte, and a letter from the Texas
General Land Office, that stipulates the location of the estimated Mean High Tide line at
this property.
As we discussed, here is our proposed Scope of Work for this project:
1. The existing shoreline has eroded back substantially from its original state and there
are wetlands grasses (DisbdMi]F Vicata a nd SparVna a/1emiAora) growing in portions
of the area (see attached drawings).
2. There is existing rip rap material that lines the north end of the project that Is
protecting the existing Spartina grass stand in two areas (see attached drawings 2
& 3), from excessive wave action. The south section of the project (see attached
Drawing 1) has little or no protection along the breakwater, allowing low-level wave
action to inundate this portion, which restricts the growth of wetland grasses on this
end. The center section of the project has excess concrete rip rap (see attached
drawing 2) that, when the new bulkhead is placed, could be used in the south end
of the project to protect the low areas, much like has occurred on the north end of
Page 1 of 2
1322 South Broadway La Porte. Texas 77571 Telephone: (281) 470.7275 Facsimile: (281) 470.131
porksandree ®el.la-porte.m.us
the project.
3. We propose to move portions of the existing concrete rip rap material from the
center section and the interior of the south portion of the project, to the exterior
south portion along the breakwater, to duplicate the north end of the project. By
doing so, we hope to create anew area for wetiands'grass growth.
4. We propose to use a track hoe to re -configure the concrete riprap, using wooden
mats to protect the interior area on the south and central portions of the project. In
addition, if we move any at all, we propose to move some of the concrete material
adjacent to the Distichlis grass by hand to keep any disturbance of this area to a
minimum. All riprap replaced in the area will be on the interior side of the existing
breakwater which will not result in any potential navigation hazard.
5. We also propose to break two 18"-24" openings through the existing breakwater. 1)
at approximately 20' from the south boundary, and 2) at approximately 30' from the
north boundary, to allow free passage to and from the interior of the project by
marine life.
6. After the concrete riprap is placed in the new configuration, we propose to plant
new Spartina grass in the south area between the breakwater and the new
bulkhead to try to establish a new stand on the south end.
7. Nothing in our proposed scope will substantially change the existing conditions for
drainage. We propose to place a plastic culvert pipe through the bulkhead on the
south end as well as the north end of the property (see attached drawings 1 & 3) to
allow those areas to drain (as it currently does by sheet flow) into the bay.
B. This project will not impact any of the existing wetlands areas that are currently on
the property, but should result in establishment of new growth that will be
environmentally beneficial to the entire project.
I am requesting that your office conduct a review of the need for a Nationwide 27 Permit
for the project as described. Should a permit be required, please notify me as to any
additional information or data that would be necessary to obtain the permit. The
information that you need in order to respond to this request is as follows:
Name of requestor: City of La Porte
Parks & Recreation Department
Responsible Party: Stephen L. Barr, Director
Address: 1322 S. Broadway
La Porte, TX 77571-5306
Telephone: 281.470.5136
E-mail Address: barrs(a laportetx.00v
If you have any questions or require more information
me. Again, thank you for your kind consideration.
Wirector
Parks & Recreation Department
City of La Porte
c: John E. Joems, Assistant City Manager
Page 2 of 2
please do not hesitate to contact
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City of La Porte Property
Project Site Map, Harris
County Key Map 580D
February 2005
Project Site
0
t:I,e'.a'••: EXIST PALM TREE
SCALE: 1" = 60'
a a
11/
6O _ 41
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J'.I+(j'.•:•S•+ &ROGI(Y • : Kt rEXIST BREAKWATER
2':: I fj!:tISGTTEREORIVftAP,.1.!�.r r
GALVESTON BAY
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SCALE: l' = 40'
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PROP. BULKHEAD
TOP ELEV. = 55
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GALVESTON BAY
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SCALE: 1' = 40'
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SCALE: 1' = 40'
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATUR-AL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFOR,ILATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FORRE CORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED Vc�
THE STATE OF TEXAS
COUNTY OF HARRIS
KNOW ALL PERSONS BY THESE PRESENTS:
That NEIGHBORHOOD CENTERS, INC. f/Wa NEIGHBORHOOD CENTERS - DAY CARE
ASSOCIATION, a Texas non-profit corporation (hereinafter referred to as'G. an*.or`.v.*het;ne, cne or moral.
for and in consideration of the sum of TEN AND N0J100 DOLLARS (S10.00) and other good and valuable
consideration to Grantor paid by CITY OF LA PORTE. TEXAS whose mailing address is 604 W. FAIRMONT
PARKWAY, LAPORTE, TEXAS 77571 (hereinafter referred to as "Grantee", whether one or more), the
receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD and
CONVEYED and by these presents does GRANT, BARGAIN, SELL and CONVEY unto Grantee the tractor
parcel of land in HARRIS County, Texas, more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND INCORPORATED HEREIN FOR ALL PURPOSES
(hereinafter referred to as "Property).
This conveyance is made byGrantorand accepted by Grantee subject to all and singular restrictions,
mineral reservations, royalties. conditions, easements, and covenants. if any, but only to the extent that the
same are currently valid and enforceable against the Property.
TO HAVE AND TO HOLD the Property, subject to the matters herein set forth, together with all and
singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns
forever, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER
DEFEND all and singular the Property unto Grantee, its successors and assigns, against every person
whomsoever lawfully claiming or to claim the same oranypart thereof, by, through, or under Grantor, but not
otherwise.
AS A MATERIAL PART OF THE CONSIDERATION FOR THIS CONVEYANCE, GRANTEE
HEREBY AGREES TO ACCEPT THE PROPERTY IN ITS "AS -IS, WHERE IS" CONDITION AND W ITH ALL
FAULTS, AND WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, OR ARISING BY OPERATION OF LAW, EXCEPT ONLY THE TITLE WARRANTIES
EXPRESSLY SET FORTH HEREIN AND THE WARRANTIES EXPRESSLY SET FORTH IN THE
CONTRACT BY AND BETWEEN GRANTOR AND GRANTEE COVERING THE CONVEYANCE OF THE
PROPERTY. .
a0722000000240USTON326SIS.1 0Sr2YW.01:16M UNC M.101
EXECUTED this ZS day of 2004.
GRANTOR:
NEIGHBORHOOD CENTERS. INC. r
Ukla Neighborhood Centers - Day Care Association,
a Texas non-profit corporation
By > /�
Name
T Itle PYIA 4 r,ED
STATE OF TEXAS
COUNTY OF HARRIS
BEFORE ME, th understgne Notary Pubfi4 In anc�for said, and State, on this day
personally appeared G10-l0.r�LF1CGcl, �}c Stclt CCU of
NEIGHBORHOOD CENTERS: INC. f/k/a Neighborhood Centers - Day Care Association, a Texas
non-profit corporation. known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he/she executed the same for the purposes and consideration
therein expressed and in the capacity thereir, stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this o-S day of
`` _. 2004.
,a ti No Public, State of TEXAS
a „,CHE:_= D. Gv"EiNS tart
.0 TA;; USUC. STATE CF TEXAS �
M- CCAiN.ISS;ON EXPIRES
AUG. 7, 2004
AFTER RECORDING RETURN TO: V/
Askins Armstrong, P.C.
P.O. Sox 121R
TP Pnrto- TX 77S77_191R
407220000002 HOUSTON 724SISA OS/SS 4,01:14M deedvtsw.tpl
"=c'T
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EXHIBIT -A- 4U�: Or C..N ORIC
REVISED SHORELINE 'hUTC v?Y.UiMOiG-T�FnP:? �1`
FIELD.Nan DE3CRTMN OF 3.6850 ACRES OF LAND BEING A PORTION OF A CALLED 4.519 ACRES
OF LAND 13EVO A PART OF A 19.1 ACRE TRACT SHOWWAS LOT 19 OF THE W33- LOWRANCE
SUBDIWMON ACCORDING TO THE PLAT RECORDED IN VOLUME 1, PAGE 53 OF non MAP RECORDS
OF RABBIS COUNTY. TEXAS AND BEING IN THE X IDSON iI11NTi3l SIIAVEY. A-35, CITY OF LA
PORTS. HAMM COUNTY, TOW. SAID TitACT.BEM THE SAME PROPERTY DESCRIBED IN
VOLUME 4834, PAGE ISS FGTHEHARRIS COUNTY DEED RECORDS: SAID 3.6250 ACRES BEING MORE
PARTICULARLY DESCRM.M BY METES AND BOUNDS AS FOLLOWS:
DEGINNINO, at a 1-inch ism rod found mairing the west taro= of a raid taeeeeaTo
ct of land dibed in deed remrded in tsmte
4334. Page 159 of the Dcod Records, of Hare County. Tessa. acid Point being an the awthenstniy rights[ way lion of
Boyahae Drin (to fact w�idek .
T `NCE, N 26. 00' 00" E,-and with the muthommerly ngLtof-woyJim of acid Bayshom Deist a 4ist"""' of 63.92 feet w a 4-
fact chain link Lcoce part mmimtg the %eat cocas of a ttaa of laced deetbad in dad, —dad in solame 232, page 181 of tho
Norris County Dccd Records. said point being S 64. 00' Or E, a distance of 50.00 fact Gum the south car= of Block 17, of
Bay Front Addition according 10 the plot rcordcd in vohmc ". page 440 of the Deed Records of ilorm County. T—
THENCE. S 52. 7S' 19- E, a distance of 54.15 feet to a 4-Cool chain link post found for a point for cams of the heen
described tract: '
THENCE. N 3r 57' or E. a distance of 50.00 foci to a 4400t chain )ink post fannd for a point far cerncr of the bucm
daaibed out
TrIENCE. N 51.' 53' 41 W, • dtatarce d 64.93 feet to a 41mt chain link post found an the sood""aly rigM-of--w'ay um of
said Dayshore Drive for 4 point for come of the herein described tract
%^dht"o- w§y line?� �1'>bore DciK a A;-- of 287.57 feet On a 1-
TE iCE. N 26' 00' 00" E. along the wathc&9crinch trort red found an the =Ahwc3=!y 1pm orHay Sbae Park Adobtim ==.- s to the Plat two" in Tohme 10. Pogo 32
of the Harris Canty Map Recodsr said point bring the north corner of the halo desarbed tract
THENCE. S 51. 53- 54" 1- god with the mut iwesterly line of said Bay Share Park Additioe, a distance of 389.74 feet to a 6-
foot chain link post found for the east c me of the herein described tract said point being an the wen &!tore lice of Galvc nm
Day,
T I ENCE, following the men -Am of the wedaly shom him of Galveston Bay the folowing caorre and di tmacar-
S 33- 02' 43" W. a distance of 43.04 feet to a Pouf for taro?
s o9' 03' IT W, a distance of 66.43 fen to a point for COMM
S 2r 56' 34" W, a diatmte : of 49.70 fed to a point.fat mac.
S 14. 06' 14" I; a A;ew ce o03.63 Est to a point for come.
S 29- 24' 10" W, a di8ame of 27.57 feet to a point for oancc,,
S 39' 39' 54" W. a diamoce of T1.S1 fact to a point for comer,
3 39. 3r 2r W. a distance of 72.99 feet to a Point for come.
S 25. 41' 35" W, a distance of 21.41 feet to a 61oot chain link Post foam 13 far2 north of the :ouch come of the
bur. described tract, said point being an the north line of Sylvan Beach Part
THENCE, N 51' 44' 3r W. along the north line of said Sylvan
nd Beach
acres park.&d distance
ad of 409.17 fed to the POINT OF
DEO04NIIi . of the herein
drbd tact and 'containing as
Dated oliroc,21st day of April 2W4
Job No. 2004124
C•3,,N i Y -F dARR::
rer".f:.9 rs raeaari ear II nfknCx'�san rY
SLa va a to and soq o . ram er m ere Tors &M; V ..(2_ =t It
0L5;,y i-,ttic Rearm o ico i^man tl item =err tease a.
JUN - 2.2004
}%W cs
,71ti;�/f' r�COMM wEFM
TEXAS
Z�4'y AND DA i
v r•
�= GENE -RA L 1LAIND OFFICE
-sr JERRY PATTERSON, COMNIISSIONTR
�TB p S
February 17, 2005
Stephen Barr
City of La Porte Parks and Recreation
1322 S: Broadway
LaPorte, TX 77571
RE: state boundary of Lot 10, W B Lowrance Subdivision, La Porte, Tx
Dear Mr. Barr:
After reviewing the provided map as to the boundary between state and private lands I concur that the
location drawn is the approximate boundary we agreed on in the field in January. If the bulkhead is placed at
or above that line no easement will be required before the bulkhead is placed. However, before any changes
in the breakwater are undertaken an easement from the GLO must be obtained.
Sincerely,
V'VLL �-
Gany McMahan
Regional Manager
Asset Inspection -Upper Coast Field Office
11811 North D Street • La Porte, Tens 77S71-913S
Phone: 281-470-1191 • Farc 281-470-8071
wwwglo.state.mus
EXHIBIT "F'
Parks & Recreation Department
we am 000i /ati to Ma pm ns/tin anti man 'Wa / Of suOanor rams anti /a Otvna/ 14ca"'as. ,
Mnovv,v*,7mgwms. anti seMres MXY , 110mour cus/Omats w/M O/aasu/a anti anncnmini
February 17, 2005
Ms. Kristi McMillan, Regulatory Specialist
North Evaluation Unit
U. S. Army Corps of Engineers
Galveston District, Regulatory Branch..
P.O. Box 1229
Galveston, TX 77553-1229
Dear Ms. McMillan:
r XAS
EsmblISlhed 1892
Re: Nationwide 13 Permit Review
City of La Porte Property -
Lot 19, W.B. Lowrance Subdivision
Johnson Hunter Survey, City_ of La Porte,
Harris County, Texas
As we discussed recently, the City of La Porte is proposing to install a new wooden
bulkhead for the purpose of bank stabilization at the site referenced above. I have
reviewed the Federal. Register requirements for Nationwide Permits, dated January 15,
2002, and it appears that we will not require a permit based on our proposed scope of
work.
I have enclosed 8 1/2 by 11 black & white drawings of our proposed project, an aerial
location photograph, a Harris County Key Map location page, a copy of the General
Warranty Deed showing ownership by the City of La' Porte, and a letter from the Texas
General Land Office, that stipulates the location of the estimated Mean High Tide line at
this property.
As we discussed, here is our proposed Scope of Work for this project:
1. The existing shoreline has eroded back substantially from its original state and there
are wetlands grasses (DisGdV&spimtil and Spartina ailemiliora) growing in portions
of the area (see attached drawings).
2. There is a 1-2 foot embankment (indicated as "grass ledge drop off' on the
drawings that is upland from the estimated Mean High Tide line.
3. We propose to construct a wooden bulkhead at least T feet upland (laterally) of the
estimated MHT line, removing portions of the embankment back 5' lateraly in the
areas where the esL MHT is adjacent to the embankment, or adjacent to existing
wetland grasses (see attached drawings) whichever is closer, and to straighten the
new bulkhead line. The top of the new bulkhead will be at elevation 5.5 ft., which
will be approArnatey 3.5 feet above the est_ MHT line. We propose to tie the new
bulkhead into the existing bulkhead on the north, and to terminate it on the south
end into the existing rip rap; both end treatments will be above the estimated MHT
line.
Page 1 of 2
►s
1322 South Broadway La Pone. Texas 77571 Telephone: (281) 470-7275 Facsimile: (281) 470.13
parksandree O cUe-porteAlt.us
4. We propose to install +/- 12" concrete- rip -rap placed in front of the bulkhead for
protection, upland of the est. MHT line, placed on a minimum 1:2 slope from the
top ofthe bulkhead toward the est MHT line. We will NOT place rip -rap on any
existing wetlands grass areas, as we plan to move the bulkhead upland, away from
the grasses, with sufficient distance to assure that the bulkhead is protected without
disturbing the wetland grass areas.
5. After construction, we propose to fill behind the new bulkhead with dean fill
material in such a way that the terrain will sheet flow to the bulkhead, eliminating
low pockets in the grassy area behind the ,bulkhead. We propose to seed,
hydromulch, or otherwise establish new grass material on the fill work upland of the
bulkhead to eliminate future runoff. We will protect against runoff by use of
sediment fences adjacent to the new bulkhead until the new grass material has
been established.
6. Nothing in our proposed scope will substantially change the existing conditions for
drainage. We propose to place a plastic culvert pipe through the bulkhead on the
south end as well as the north end of the property (see attached drawings) to allow
those areas to drain (as it currently does by sheet flow) into the bay.
7. All of the proposed work, including driving piles, removal of grass ledge, placement
of fill, etc., will take place upland of the est. MHT line, as shown on the attached
drawings. This project will not impact any wetlands areas that are currently on the
property.
I am requesting that your office conduct a review of the need for a Nationwide 13 Permit
for the project as described. The information that you need in order to respond is as
follows:
Name of requestor:
Responsible Party:
Address:
Telephone:
E-mail Address:
City of La Porte
Parks & Recreation Department
Stephen L. Barr, Director
1322 S. Broadway
La Porte, TX 77571-5306
281:470.5136
barrs(c laoortetx.00v
If you have any questions or require more information please do not hesitate to contact
me. Again, thank you for your kind consideration.
`Sink�ly,
�!J
Step n L. Barr, Director
Pa & Recreation Department
City of La Porte
c: John E. Joems, Assistant City Manager
Page 2 of 2
all
WHINSWITH
17.
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City of La Porte Property
Project Site Map, Harris
County Key Map 5800
February 2005
Project Site
8
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SCALE: 1' = 60'
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/j • 6.0 jjj
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TOP EIEV.•S s' ,';. •,:;.,.,r
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':•'• �.'• . .• a,. P EXIST BREAKWATER
r ..vT` . rY•• r•r'r'i�':w' .\Tiini!7.^`5
' tr't'...'ath3 ,>.. : •�`.>f. _ . EXIST.BREAKWATER
flT4M•• SAND ROCKY , s
�•: .j•. ISGTTEREDRIPJIAPI 1'� ' Q
"'"' EXIST.BREAKWAT R GALVESTON BAY
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gpu
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SCALE: 1
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TIM. a.. 100
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7.0
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TOP ELEV. = 5.5*
SAND'& ROCKY
BEACH
.(SCATTERED RIP -RAP)
EXIST. BREAKWATER
GALVESTON BAY
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w
Z
� 5.0
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SCALE: 1' = 4V
PROP.BULKHEAD
TOP ELEV. = 5.5'
rw.nw.a :i
.: .•.•SPARTINA GRASS •.•.:. '
..
��l�ll
EXIST. BREAKWATER
GALVESTON BAY
PALM TREE
'o 0.-
BULKHEAD
55
i;T. BREAKWATER
GALVESTON BAY
SCALE V = 40'
,siGK5i
srWaFr II ITLE PCJST
06101i1)i X6S7984
HC Fi:e 'xe' . :i+;5t106. SiS
NOTICE OF CONFIDENTIALITY RIGHTS:.IF YOU ARE A NATL-R.4L PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORDL-tTION FROM THIS
LNSTRLMENT BEFORE IT IS FILED FORRE CORD IN THE PUBLIC RECORDS: YOUR
SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER '
SPECIAL WARRANTY DEED
Iv ..
THE STATE OF TEXAS
KNOW ALL PERSONS BY THESE PRESENTS:
COUNTY OF HARRIS
That NEIGHBORHOOD CENTERS, INC. f/k/a NEIGHBORHOOD CENTERS - DAY CARE
ASSOCIATION, a Texas non-profit corporation (hereinafter referred to as'Granto-. wheher one or more),
for and inconsideration of the sum of TEN AND NO/100 DOLLARS (S10.00) and other good and valuable
consideration to Grantor paid by CITY OF LA PORTE, TEXAS whose mailing address is 604 W. FAIRMONT
PARKWAY, LAPORTE, TEXAS T7571 (hereinafter referred to as "Grantee", whether one or more), the
receipt and sufficiency of which are hereby acknowledged, has GRANTED, BARGAINED, SOLD and
CONVEYED and by these presents does GRANT. BARGAIN, SELL and CONVEY unto Grantee the tract or
parcel of land in HARRIS County, Texas, more particularly described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
AND INCORPORATED HEREIN FOR ALL PURPOSES
(hereinafter referred to as "Property).
This conveyance is made by Grantor and accepted by Grantee subject to all and singular restrictions,
mineral reservations, royalties, conditions, easements, and covenants, if any, but only to the extent that the
same are currently valid and enforceable against the Property.
TO HAVE AND TO HOLD the Property, subject to the matters herein set forth, together with all and
singular the rights and appurtenances thereto in anywise belonging, unto Grantee. its successors and assigns
forever, and Grantor does hereby bind itself, its successors and assigns, to WARRANT AND FOREVER
DEFEND all and singular the Property 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.
AS A MATERIAL PART OF THE CONSIDERATION FOR THIS CONVEYANCE, GRANTEE
HEREBY AG REES TO ACCEPTTHE PROPERTY IN ITS "AS4S, WHERE IS" CONDITION AND WITH ALL
FAULTS, AND WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, OR ARISING BY OPERATION OF LAW, EXCEPT ONLY THE TITLE WARRANTIES
EXPRESSLY SET FORTH HEREIN AND THE WARRANTIES EXPRESSLY SET FORTH IN THE
CONTRACT BY AND BETWEEN GRANTOR AND GRANTEE COVERING THE CONVEYANCE OF THE
PROPERTY.
40722000=2 HOUSTON 374515.1 05MV04, 01:16M ONONM.IW
EXECUTED this Z5 day of 2004.
GRANTOR:
NEIGHBORHOOD CENTERS, INC.
f/k/a Neighborhood Centers - Day Care Association,
a Texas non-profit corporation - O
By
Name
Title,Ply*
STATE CF TEXAS
COUNTY OF HARRIS
BEFORE ME, th unders'' d Notary Publi4ln anc�for said Cdunty and State, on this day
personally appearedG I Ct- t5�0.nr ht�rA }Y c S t cat � C go of
NEIGHBORHOOD CENTERS, INC. f/k/a Neighborhood Centers - Day Care Association, a Texas
non-profit corporation, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he/she executed the same for the purposes and consideration
therein.expressed and in the capacity U erain stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE. tthiis� C96 day of -/ 2004.
C-✓t1!/:. %�vllJ '�. ��.r�lJ!/JrO 1 `K.�/K.C.[Xi � /
o.• •=� N1GY.Ei:= O. DOESINS Notary Public, State of TEXAS
NCTnRv ?tiE:1C. STATE CFT .Li /
MY CC"MISS;ON EXPIRES � ✓/
•r,;; �• 00. 7. 2004 �
AFTER RECORDING RETURN TO: t/ V/
Askins Armstrong. P.C.
v.n Rnr 1718
TA Dnrra_ TY 77577-171R
:n =tg
_ 1
4OTL0000D02H0l:ST0N724516.1 MSA4,01:16pm deedvtsw.tpl
li
C
ECHIBIC-A' s• 's= Jc IL':.•_ MITI: CARh^N OR
REVSMSIIORELIME '^� . w?1, GtiOLO.',ED FAPER.
FIELD NOTEE DFgCA,Tl'TtOV OF 3.G850 ACRES OF LAND BE1i iO A PORT[ !i OF A CALLED 4.599 ACRES
SIJgp1VISIONF LAND �NCE
A�CCORDING TO i1L FLAT RECORDED IN VOL U) M 1. PAG A PART. OF, A 19.1 ACRE TRAXT SHOWN AS L40T GGE 553 OF THE MAP RECORDS
OF HARRIS COUNTY, TEXAS AND BEING IN THE XM SON 1IMMK SUR4EY, A-3I rCRCITOF LA
FORTE, HARRIS COUNTY. TDW,S, SAID TRACT BID10 THE SAME PROPERTY DESCILLBID IN
VOLUME 4934, PAGE 152 FG THE F-A= COUNTY DID RECORDS: SAID 3.6350 ACRES BEING MORE
PARTLCVLARL YDESCRIED BY NMT S AND BOUNDS AS FOLLOWS:
L1D-G1NN1N0, eta 1 inch iron rod fotmd tnarkiog the .red arse of a said mat of Lmd dc=Omd in deed recorded In roltatte
4334. Page 151 of the Deed Resods'of Flarsis Canty. Tota:4-said Pautt being oa the soutbmsterty
live
to(+ay of
Baydtee Drive (so fact widek .
T'UENcr N 26' 00' 0o- E, and .ith the sauOnmCerly rightor-mmy lim of said iiayshme DeivC a djoua a of 63.92 fact to a 4-
foot chain-linkfence post r s. said the vaed Carrier of a traG of land dc='acd m clued =orded in rohane 232, Page 1 IS of tbo
Harris Comry Lkd Rsmrd:+, said Past besnng 3 Gf • 00' DO" E, a dtdanee of 80.00 feet Gan tbw south acrna of Block Mar
Bay Front Addition ocradiry to the Flat rwm'dal in volume 25. psge 440 of the Dead Records otHasris Cmmry. TemS
THENCE S 52' 25' 1s- E. a distance of 54.15 fed to a 4-fool chain link post fotmd for s paint for comer of the basin
described tnet.'
THENCE, N 37' 57' OT 1L a dieanm of 50.00 feet to a Knot chain link post farad for a paint for same of the be®
described treat
T3LLTICE. N 51' 55' 41- W, a diataaee n of 6443 fato 4 4-faat chain Link Post farad m the sobtbeaaeYly r'e"( . e5 lino of
said Dayshore Drive for a point for rose of the herein described tract
Ta'-J?'10E, N 2G' 00' 00" E. dottg the ronNust righwt vmy hoe of said Beysbore Dane. a distant,: of 287.57 feet m a 1-
incin um rod round an the wwhwc=,y line of Bay Sinai Ptak A•.''AU= r 'tea tat lm PW rrzudrd in wed" Ou 10' Pste 32
of the Mattis Catmq Mop Records. stud port beirq the tnflb Came of the he = desasbad tact
THENCE. S 31. 53' 54- E, sad with disc saotliwetely Una of said Bay Share Perk Additim a dieunoe of 339.74 feet to a G-
toot chain link post food for the cast corner Of the bcm n daseibcd bno. said Point beirtg an the wet Chore Ire of "*csmo
Day,
THENCE, following the mrmtders of the westely shme Lino of Oelvetm Bay the following rouse and distance:
S 33. 02' 43" W, a distarce of 43.04 fan to ■ Point for tssrtror,
S 09' 03' 1T W. a t5daom of 66.43 fed to a Poiad for tsmtr,
S 2T 5g' 34" W, a distonce of 49.70 fctl to a point for mcaa;
S 14. 06' 14" E, a distance of 53.61 feet to a Point for rasa. .
S 29- 24' 10- W, a dismnoa of -17.57 feet to a point for owner.
S 39. 3t1' 54" W, ■ dietaooe of 71.Il Act to a Paine for
3 39. 37' 2T W, a dhtaode of'M39 fees to a Point for cane
S 25' 41' 35" W. a distaam of 21.41 feet to a 6-1o)t dram link Post found 13 feel north of 11m swab mn4 0( ties
basin described tract said point bong oa the meth 16e of Sylvan Hoch Park
THENCE, N 5 V 4V 36" W, aloteg the north lira of slied 33'v id c"410 put
ad discitnue
to 409.17 fedthe POINT OF
HEOBNN1141} d rite hetitt decrtbed bon and eattai87tg
Dated &j5- e2ld day orApn'1, 2M4
C LARLES S BATES. Rctauznd Profossn.Pga titan �rT.cr.q . • ..:- . - .. :Y:.:. _;
,:.•.7 d-__•w:K �J `idC ;: 'o'�.J:x:..
Job No. 2004124 r_zul i9 ter d AM—, i:• � f,iCS;,i 7€` ..r...ts
C'?'.':'aY'-4 oor'H.::
'Lh! OY'n`} i ]•3 rGTrae'I ar:Rli� n idr. M1'T:Y J!^/.1 M a!
ft
r.9uem em; oOwq;1ft�i�� u a yre
JUN - 2 2004
Woe
O t
1 \
%:� COUNTY CUM
DEPARTMENT OF THE ARMY - - --- -
GALVESTON DISTRICT, CORPS OF ENGINEERS,-� - - -
P.O. BOX 1229
GALVESTON, TEXAS 77553-1229
- MAPREPLY TO
ATTENTION OF: March �, 2005
Evaluation Section
SUBJECT: Permit Application No. D-17013
City of La Porte
Parks & Recreation Department
Attn: Stephen L. Barr
1322 South Broadway Street
LaPorte, Texas 77571-5306
Dear Mr. Barr:
This is in regard to your February 17, 2005 permit application, requesting a Department of
the Army permit for bank stabilization above the ordinary high water mark. The project site is
located on Lot 19, of the W.B. Lowrance Subdivision Johnson. Hunter Survey, in the City of La
Porte, in Hams County, Texas.
We have reviewed your project and have concluded that your proposed project will be
conducted above the ordinary high water mark and no fill will be placed in wetlands, therefore, it
is not subject to our jurisdiction under Section 10 of the Rivers and Harbors Act of 1899 and/or
Section 404 of the Clean Water Act. As such, a Department of the Army permit is not required.
Please note the Notification of Administrative Appeal Options regarding this determination as
enclosed.
Corps determinations are conducted to identify the limits of the Corps Clean Water Act
jurisdiction for the particular sites. This determination may not be valid for the wetland
conservation provisions of the Food Security Act of 1985, as amended. If you or your tenant are
USDA program participants, or anticipate participation in USDA programs, you should request a
certified wetland determination from the local office of the Natural Resources Conservation
Service prior to starting work. .
This approved.determination is valid for 5 years from the date of this letter unless new .
information warrants a revision of the determination prior to the expiration date. Please
reference determination number D-17013 in future correspondence pertaining to this subject. If
you have any questions concerning this determination or possible appeal of this determination,
please contact Kristi N. McMillan at the letterhead address or by telephone at 409-766-3083.
Sincerely,
Bruce H. Bennett
Leader, North Evaluation Unit
Applicant: City of La Porte File #: D-17013 Date: 3/310�
Attached is:
See Section belo%�
INITIAL PROFFERED PERMIT Standard Permit or Letter of Permission)
A
PROFFERED PERMIT (Standard Permit or Letter of Permission)
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I'= The following identifies your rights and options re&r'dmgmn�adimnrstrahve'appeal of the -above
decision. Additional information may be found at http//wwvv.usace_atmV:millmet/fiinctio�cw7cec�uo/repJ .
Or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in is entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved
jurisdictional determination (JD) or provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section iI of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
C ul/
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
A1A)I I10NAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTAGrFAR iJESTIONS'ORINFQItIvIAfION€i¢Y,
k;
If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may
process you may contact: also contact:
Kristi McMillan, Regulatory Specialist James E. Gilmore, Appeal Review Officer
CESWG-PE-RE, P.O. Box 1229 CESWD-CMO-E, 1100 Commerce Street, Room 8E9
Galveston, Texas 77553-1229 Dallas, Texas 75242-0216
Telephone: 409-766-3083;FAX: 409-766-6301 Telephone: 496-487-706 1; FAX: 469487-7190
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
number:
of appellant or
DEPARTMENT OF THE ARMY
GALVESTON DISTRICT, CORPS OF ENGINEERS
P. O. BOX 1229
GALVESTON TX 77553-17.29
March 17.2005
Evaluation Section
SUBJECT: Permit No. SWG-05-27-001; Nationwide Permit Verification
City of La Porte
Attn: Stephen L. Barr
1322 South Broadway
La Porte, Texas 77571-5306
Dear Mr. Barr:
r.'
I
' PAt<iS & R�Cn,�.;;iiOP� GEPT.
You may proceed with the rearrangement of the existing concrete riprap as proposed in your
letter, dated February 17, 2005, provided that the activity complies with the enclosed permitted
project plans, the Nationwide General/Regional Conditions, and Texas Commission on
Environmental Quality's (TCEQ) Best Management Practice (BMP) Guidelines for Nationwide
Permit (NWP) No. 27. Your letter resulted in the initiation of the pre -construction notification
procedure specified for NWP 27. You were notified by telephone on March 16, 2005, that the
District Engineer has determined that the work is verified under NWP 27. The project site is
located on Galveston Bay, north of Sylvan Beach Park, in La Porte, Harris County, Texas.
Nationwide Permit 27 authorizes activities associated with the restoration of former tidal and
non -tidal wetlands and riparian areas, the enhancement of degraded wetlands and riparian areas,
and creation of wetlands and riparian areas in waters of the United States.
A copy of your plans in 5 sheets is enclosed. Please note the enclosed Notification of
Administrative Appeal Options regarding this Nationwide Permit. This authorization is based on
an approved jurisdictional determination and remains valid for 2 years from the date of this
letter. The following special condition has been added to your authorization:
The permittee understands and agrees That if future operations by the United
States require the removal, relocation, or other alteration of the structure or work
herein authorized, or if, in the opinion of the Secretary of the Army or his
authorized representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the permittee will be
required, upon due notice from the Corps of Engineers to remove, relocate or alter
the structural work or obstructions caused thereby, without expense to the United
States. No claim shall be made against the United States on account of any such
removal or alteration.
-2-
Please let us know when you complete your project by returning the enclosed pre -addressed
postcard. If you have any questions concerning this matter, please. contact Kristi N. McMillan at
the letterhead address or by telephone at 409-766-3083. .
Sincerely,
Bruce H. Bennett
Leader; North Evaluation Unit
Enclosures:
Permitted Plans
Compliance Certificate
Nationwide General/Regional Conditions
TCEQ (May 1, 2003 BMP conditions)
BMP Guidelines
Notification of Administrative Appeal Options and Process and Request for Appeal
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
Description of BMPs
(Tier I Projects)
EROSION CONTROL BWs
Temoorary Vegetation
----- Description:— Vegetation-can-be-used--as-a-temporary or permanent stabilization-rechnique-for--areas------ ---
disturbed by construction. Vegetation effectively reduces erosion in swales, stockpiles, berms, mild to
medium slopes, and along roadways. Other techniques such as matting, mulches, and grading may be
required to assist in the establishment of vegetation.
Materials:
• The type of temporary vegetation used on a site is a function of the season and the availability of water
for irrigation.
• Temporary vegetation should be selected appropriately for the area.
• County agricultural extension agents are a good source for suggestions for temporary vegetation.
• All seed should be high quality, U.S. Dept. of Agriculture certified seed.
Installation:
• Grading must be completed prior to seeding.
• Slopes should be minimized.
• Erosion control structures should be installed.
• Seedbeds should be well pulverized, loose, and uniform.
• Fertilizers should be applied at appropriate rates.
• Seeding rates should be applied as recommended by the county agricultural extension agent.
• The seed should be applied uniformly.
• Steep slopes should covered with appropriate soil stabilization matting.
April 12, 2004 -1-
Blankets and Matting
Description: Blankets and matting material can be used as an aid to control erosion on critical sites during
the establishment. period of protective vegetation. The most common uses are in channels, interceptor
swales, diversion dikes, short, steep slopes, and on tidal or stream banks.
Materials:
New types of blankets and matting materials are continuously being developed. The Texas Department of
Transportation (TxDOT) has defined the critical performance factors for these types of products and has
established minimum performance standards which must be met for any product seeking to be approved for
use within any of TxDOT's construction or maintenance activities. The products that have been approved
by TxDOT are also appropriate for general construction site stabilization. TxDOT maintains a web site at
http://www.dor.state.tx.usAnsdtdot/orgchart/cmd/erosion/Concents.hrtm which is updated as new products
are evaluated.
Installation:
• Install in accordance with the manufacturer's recommendations.
• Proper anchoring of the material.
• Prepare a friable seed bed relatively free from clods and rocks and any foreign material.
• Fertilize and seed in accordance with seeding or other type of planting plan.
• Erosion stops should extend beyond the channel liner to full design cross-section of the channel.
• A uniform trench perpendicular to line of flow may be dug with a spade or a mechanical trencher.
• Erosion stops should be deep enough to penetrate solid material or below level of ruling in sandy soils.
• Erosion stop mats should be wide enough to allow turnover at bottom of trench for stapling, while
maintaining the top edge flush with channel surface.
Mulch
Description: Mulching is the process of applying a material to the exposed soil surface to protect it from
erosive forces and to conserve soil moisture until plants can become established. When seeding critical sites,
sites with adverse soil conditions or seeding on other than optimum seeding dates, mulch material should
be applied immediately after seeding. Seeding during optimum seeding dates and with favorable soils and site
conditions will not need to be mulched.
Materials:
• Mulch may be small grain straw which should be applied uniformly.
• On slopes 15 percent or greater, a binding chemical must be applied to the surface.
April 12, 2004 -2-
• Wood -.fiber or paper -fiber mulch may be applied by hydroseeding.
• Mulch nettings may be used.
• Wood chips may be used where appropriate.
Installation:
Mulch anchoring should be accomplished immediately after mulch placement. This may be done by one of
the following methods: peg and twine, mulch netting, mulch anchoring tool, or liquid mulch binders.
Sod
Description: Sod is appropriate for disturbed areas which require immediate vegetative covers, or where
sodding is preferred to other means of grass establishment. Locations particularly suited to stabilization with
sod are waterways carrying intermittent flow, areas around drop inlets or in grassed swales, and residential
or commercial lawns where quick use or aesthetics are factors. Sod is composed of living plants and chose
plants must receive adequate care in order to provide vegetative stabilization on a disturbed area.
Materials:
• Sod should be machine cut at a uniform soil thickness.
• Pieces of sod should be cut to the supplier's standard width and length.
• Tom or uneven pads are not acceptable.
• Sections of sod should be strong enough to support their own weight and retain their size and shape when
suspended from a firm grasp.
• Sod should be harvested, delivered, and installed within a period of 36 hours.
Installation:
Areas to be sodded should be brought to final grade.
• The surface should be cleared of all trash and debris.
• Fertilize according to soil tests.
• Fertilizer should be worked into the soil.
• Sod should not becut or laid in excessively wet or dry weather.
Sod should not be laid on soil surfaces that are frozen.
• During periods of high temperature, the soil should be lightly irrigated.
April 12, 2004 -3-
The first row of sod should be laid in a straight line with subsequent rows placed parallel to and butting
tightly against each other.
• Lateral joints should be staggered to promote more uniform growth and strength.
• Wherever erosion may be a problem, sod should be laid with staggered joints and secured.
• Sod should be installed with the length perpendicular to the slope (on the contour).
Sod should be rolled or tamped.
• Sod should be irrigated to a sufficient depth.
• Watering should be performed as often as necessary to maintain soil moisture.
• The first mowing should not be attempted until the sod is fimily rooted.
• Not more than one third of the grass leaf should be removed at any one cutting.
Erosion Control Compost
Description: Erosion control compost (ECC) can be used as an aid to control erosion on critical sites during
the establishment period of protective vegetation. The most common uses are on steep slopes, swales,
diversion dikes, and on tidal or stream banks.
Materials:
New types of erosion control compost are continuously being developed. The Texas Department of
Transportation (TxDOT) has established minimum performance standards which must be met for any
products seeking to be approved for use within any of TxDOT's construction or maintenance activities.
Material used within any TxDOT .construction or maintenance activities must meet material specifications
in accordance with current TxDOT specifications. TxDOT maintains a website at
http://www.dot.state.Ex.us/desAandscape/compost/specifications.htm that provides information on compost
specification data. This' website also contains information on areas where the Texas Commission on
Environmental Quality (TCEQ) restricts the use of certain compost products.
ECC used for projects not related to TxDOT should also be of quality materials by meeting performance
standards and compost specification data. To ensure the quality of compost used as an ECC, products
should meet all applicable state and federal regulations, including but not limited to the United States
Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503
Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ)
Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all
other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requirements
required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis
Requirements for Final Products and §332.72 Final Product Grades. Compost specification data approved
by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance.
Testing standards are dependent upon the intended use for the compost and ensures product safety, and
April 12, 2004 -4-
product performance regarding the product's specific use. The appropriate compost sampling and testing
protocols included in the United States Composting Council (USCC) Test Methods for the Examination'
of Composting and Compost (TMECC) should be conducted on compost products used for ECC to ensure
that the products used will not impact public health, safety, and the environmenr and to promote production
and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that
provides protocols for the composting industry and'msr methods for compost analysis. TMECC provides
protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous
parameters that might be of concern in compost can be tested by following protocols or test methods listed
in TMECC. TMECC information can be found at http://www.tmecc.org/tmecclndex.html. The USCC
Seal of Testing Assurance (STA). program contains information regarding compost STA certification. STA
program information can be found athttp://rmecc.org/sta/STA_program_description.hcml.
Installation:
• Install in accordance with current TxDOT specification.
• Use on slopes 3:1 or flatter.
• Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed
• When rolling is specified, use a light corrugated drum roller.
Mulch Filter Berms and Socks
Description: Mulch filter berms and socks are used to intercept and detain sediment laden run-off from
unprotected areas. When properly used, mulch filter berms and socks can be highly effective at controlling
sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Mulch filter
berms and socks are used during the period of construction near the perimeter of a disturbed area to
intercept sediment while allowing water to percolate through. The berm or sock should remain in place until
the area is permanently stabilized. Mulch filter berms should not be used when there is a concentration of
water in a channel or drainage way: If concentrated flows occurs after installation, corrective action must
be taken. Mulch filter socks may be installed in construction areas and temporarily moved during the day
to allow construction activity provided it is replaced and properly anchored at the end of the day. Mulch
filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity.
Materials:
New types of mulch filter berms and socks are continuously being developed. The Texas Department of
Transportation (TxDOT) has established minimum performance standards which must be met for any
products seeking to be approved for use within any of TxDOT's construction or maintenance activities.
Mulch filter berms and socks used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with current TxDOT specifications. TxDOT maintains a website at
http://www.dot.state.tx.us/des/landscape%ompost/specifications.htm that provides information on compost
specification data. This website also contains information on areas where the Texas Commission on
Environmental Quality (TCE(y restricts the use of certain compost products.
Mulch filter berms and socks used for projects not related to TxDOT should also be of quality materials by
meeting performance standards and compost specification data. To ensure the quality of compost used for
April 12, 2004 -5-
mulch filter berms. and socks, products should meet all applicable state and federal regulations, including but
not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations
(CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation
Commission Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter
332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing
requirements required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling
;and Analysis Requirements for Final Products and §332.72 Final Product Grades. Compost specification
data approved by. TxDOT are appropriate to use for ensuring the use of quality compost materials or for
guidance.
Testing standards are dependent upon the intended use for the compost and ensures product safety, and
product performance regarding the product's specific use. The appropriate compost sampling and testing
protocols included in the United States Composting Council (USCC) Test Methods for the Examination
of Composting and Compost (TMECC) should be conducted on compost products used for mulch filter
berms and socks to ensure that the products used will not impact public health, safety, and the environment
and to promote production and marketing of quality composts that meet analytical standards. TMECC is
a laboratory manual that provides protocols for the composting industry and test methods for compost
analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the
composting process. Numerous parameters that might be of concern in compost can be tested by following
protocols or test methods listed in TMECC. TMECC information can be found at
http://www.tmecc.org/tmecc/index.htm]. The USCC Seal of Testing Assurance (STA) program contains
information regarding compost STA certification. STA program information can be found at
htEp://tmecc.org/sta/STA_program_descripEion.html.
Installation:
• Install in accordance with current TxDOT specification.
• Mulch filter berms should be constructed at 1-1/2 feet high and 3 foot wide at locations shown on plans
• Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies
immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1/3 of
the height of the berm. Disperse filter berm or leave in place as directed.
• Mulch filter socks should be in 8 inch, 12 inch or 18 inch or as directed. Sock materials should be
designed to allow for proper percolation through.
Compost Filter Berms and Socks
Description: Compost filter berms and socks are used to intercept and detain sediment laden run-off from
unprotected areas. When properly used, compost filter berms and socks can be highly effective at controlling
sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Compost
filter berms and socks are used during the period of construction near the perimeter of a disturbed area to
intercept sediment while allowing water to percolate through. The berm or sock should remain in place until
the area is permanently stabilized. Compost filter berms should not be used when there is a concentration
of water in a channel or drainage way. If concentrated Flows occur after installation, corrective action must
be taken. Compost filter socks may be installed in construction areas and temporality moved during the day
to allow construction activity provided it is replaced and properly anchored at the end of the day. Compost
April 12, 2004 -6-
filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocin.
Materials:
New types of compost filter berms and socks are continuously being developed. The Texas Department of
Transportation (TxDOT) has established minimum performance standards which must be met for any
products seeking to be approved for use within any of TxDOT's construction or maintenance activities.
Compost filter berms and socks used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with TxDOT specification 1059. TxDOT maintains a website at
http://www.dot.state.tx.us/des/landscape/compost/specifications.hrm that provides information on compost
specification data: This website also contains information on areas where the Texas Commission. on
Environmental Quality (TCEQ) restricts the use of certain compost products.
Compost filter berms and socks used for projects not related to TxDOT should also be of quality materials
by meeting performance standards and compost specification data. To ensure the quality of compost used
as compost filter berms and socks, products should meet all applicable state and federal regulations, including
but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal
Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource
Conservation Commission (now named TCEQ) Health and Safety Regulations as defined in the Texas
Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products
outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter
332, including Sections §332.71 Sampling and Analysis Requirements for Final Products and §332.72 Final
Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the
use of quality compost materials or for guidance.
Testing standards are dependent upon the intended use for the compost and ensures product safety, and
product performance regarding the product's specific use. The appropriate compost sampling and testing
protocols included in the United States Composting Council (USCC) Test Methods for the Examination
of Composting and Compost (TMECC) should be conducted on compost products used for compost filter
berms and socks to ensure that the products used will not impact public health, safety, and the environment
and to promote production and marketing of quality composts that meet analytical standards. TMECC is
a laboratory manual that provides protocols for the composting industry and test methods for compost
analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the
composting process. Numerous parameters that might be of concern in compost can be tested by following
protocols or test methods listed in TMECC. TMECC information can be found at
http://www.tmecc.org/tmecctindex.hcml. The USCC Seal of Testing Assurance (STA) program contains
information regarding compost STA certification. STA program information can be found at
http://tmecc.org/sta/STA_program_description.htn1.
Installation
• Install in accordance with TxDOT Special Specification 1059.
• Compost filter berms shall be constructed at 1-1/2 feet high and 3 foot wide at locations shown on plans.
• Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies
immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1/3 of
the height of the berm. Disperse filter berm or leave in place as directed.
April 12, 2004 -7-
• Compost filter socks shall be in 8 inch, 12 inch or 18 inch or as directed. Sock materials shall be designed
allowing for proper percolation through. "
SEDIMENT CONTROL BMPS
Sand Bat Berm
Description: The purpose of a -sandbag berm is to detain sediment carried in runoff.from disturbed areas.
This objective is accomplished by intercepting runoff and causing it to pool behind the sand bag berm.
Sediment carried in the runoff is deposited on the upstream side of the sand bag berm due to the reduced
flow velocity. Excess runoff volumes are allowed to flow over the top of the sand bag berm. Sand bag berms.
are used only during construction activities in streambeds when the contributing drainage area is between
5 and 10 acres and the slope is less than 15%, i.e., utility construction in channels, temporary channel
crossing for construction equipment, etc. Plastic facing should be installed on the upstream side and the
berm should be anchored to the streambed by drilling into the rock and driving in "T" posts or rebar (#5
or #6) spaced appropriately.
Materials:
• The sand bag material should be polypropylene, polyethylene, polyamide or cotton burlap woven fabric,
minimum unit weight 4 oz/yd 2, mullen burst strength exceeding 300 psi and ultraviolet stability exceeding
70 percent.
• The bag length should be 24 to 30 inches, width should be 16 to 18 inches and thickness should be 6 to
8 inches.
• Sandbags should be filled with coarse grade sand and free from deleterious material. All sand should pass
through a No. 10 sieve. The filled bag should have an approximate weight of 40 pounds.
• Outlet pipe should be schedule 40 or stronger polyvinyl chloride (PVC) having a nominal internal
diameter of 4 inches.
Installation:
• The berm should be a minimum height of 18 inches, measured from the top of the existing ground at the
upslope toe to the top of the berm.
• The berm should be sized as shown in the plans but should have a minimum width of 48 inches measured
at the bottom of the berm and 16 inches measured at the top of the berm.
• Runoff water should flow over the tops of the sandbags or through 4-inch diameter PVC pipes embedded
below the top layer of bags.
• When a sandbag is filled with material, the open end of the sandbag should be stapled or tied with nylon
or poly cord.
Sandbags should be stacked in at least three rows abutting each other, and in staggered arrangement
April 12, 2004 -8-
The base of the'berm should have at least 3 sandbags. These can be reduced to 2 and 1 bag in. the second
and third rows respectively.
• For each additional 6 inches of height, an additional sandbag must be added to each row width... .
• A bypass pump -around system, or similar alternative, should be used on conjunction with the berm for
effective dewateiing of the work area.
Silt Fence
Description: A silt fence is a barrier consisting of geotextile fabric supported by metal posts to prevent soil
and sediment loss from a site. When properly used, silt fences can be highly effective at controlling sediment
from disturbed. areas. They cause runoff to. pond which allows heavier solids to settle. If not properly
installed, silt fences are not likely to be effective. The purpose of a silt fence is to intercept and detain water-
borne sediment from unprotected areas of a limited extent. Silt fence is used during the period of.
construction near the perimeter of a disturbed area to intercept sediment while allowing water to percolate
through. This fence should remain in place until the disturbed area is permanently stabilized. Silt fence
should not be used where there is a concentration of water in a channel or drainage way. If concentrated
flow occurs after installation, corrective action must be taken such as placing a rock berm in the areas of
concentrated flow. Silt fencing within the site may be temporarily moved during the day to allow
construction activity provided it is replaced and properly anchored to the ground at the end of the day. Silt
fences on the perimeter of the site or around drainage ways should not be moved at any time.
Materials:
• Silt fence material should be polypropylene, polyethylene or polyamide woven or nonwoven fabric. The
fabric width should be 36 inches, with a minimum unit weight of 4.5 oz/yd, mullen burst strength exceeding
1901b/in 2 , ultraviolet stability exceeding 70%, and minimum apparent opening size of U.S. Sieve No. 30.
• Fence posts should be made of hot rolled steel, at least 4 feet long with Tee or Y-bar cross section, surface
painted or galvanized, minimum nominal weight 1.25 lb/fr 2, and Brindell hardness exceeding 140.
• Woven wire backing to support the fabric should be galvanized 2" x 4" welded wire, 12 gauge minimum.
Installation:
• Steel posts, which support the silt fence, should be installed on a slight angle toward the anticipated runoff
source. Post must be embedded a.minimum of 1 foot deep and spaced not more than 8 feet on center.
Where water concentrates, the maximum spacing should be 6 feet.
• Lay out fencing down -slope of disturbed area, following the contour as closely as possible. The fence
should be sited so that the maximum drainage area is''/4 acre/100 feet of fence.
• The toe of the silt, fence should be trenched in with a spade or mechanical trencher, so that the down -
slope face of the trench is flat and perpendicular to the line of flow. Where fence cannot be trenched in
(e.g., pavement or rock outcrop), weight fabric flap with 3 inches of pea gravel on uphill side to prevent flow
from seeping under fence.
April 12, 2004 -9-
• The trench must be a minimum of 6 inches deep and-6 inches wide to allow for the silt fence fabric to be
laid in the ground and backfilled with compacted material.
Silt fence should be securely fastened to each steel support post or to woven wire, which is in rum
attached. to the steel fence post. There should be a 3-foot overlap, securely fastened where ends of fabric
meet.
Trianzular Filter Dike
Description: The purpose of a triangular sediment filter dike is to intercept and detain water-bome
sediment from unprotected areas of limited extent. The triangular sediment filter dike is used where there
is no concentration of water in a channel or other drainage way above the barrier and the contributing
drainage area is less than one acre. If the uphill slope above the dike exceeds 10%, the length of the slope
above the dike should be less than 50 feet. If concentrated flow occurs after installation, corrective action
should be taken such as placing rock berm in the areas of concentrated flow. This measure is effective on
paved areas where installation of silt fence is not possible or where vehicle access must be maintained. The
advantage of these controls is the ease with which they can be moved to allow vehicle traffic and then
reinstalled to maintain sediment
Materials:
• Silt fence material should be polypropylene, polyethylene or polyamide woven or nonwoven fabric. The
fabric width should be 36 inches, with a minimum unit weight of 4.5 oz/yd, mullen burst strength exceeding
190 lb/in 2 , ultraviolet stability exceeding 70%, and minimum apparent opening size of U.S. Sieve No. 30.
• The dike structure should be 6 gauge 6" x 6" wire mesh folded into triangular form being eighteen (18)
inches on each side.
Installation:
• The frame of the triangular sediment filter dike should be constructed of 6" x 6", 6 gauge welded wire
mesh, 18 inches per side, and wrapped with geotextile fabric the same composition as that used for silt
fences.
• Filter material should lap over ends six (6) inches to cover dike to dike junction; each junction should
be secured by shoat rings.
• Position dike parallel to the contours, with the end of each section closely abutting the adjacent sections.
• There are several options for fastening the filter dike to the ground. The fabric skirt may be toed -in with
6 inches of compacted material, or 12 inches of the fabric skirt should extend uphill and be secured with a
minimum of 3 inches of open graded rock, or with staples or nails. If these two options are not feasible the
dike structure may be trenched in 4 inches.
• Triangular sediment filter dikes should be installed across exposed slopes during construction with ends
of the dike tied into existing grades to prevent failure and should intercept no more than one acre of runoff.
• When moved to allow vehicular access, the dikes should be reinstalled as soon as possible, but always at
April12, 2004 -10-
the end of the workday.
Rock Berm
Description: The purpose of a rock berm is to serve as a check dam in areas of concentrated flop•, to .
intercept sediment -laden runoff, detain the sediment and release the water in sheet flow. The rock berm
should be used when the contributing drainage area is less than 5 acres. Rock berms are used in areas where
the volume of runoff is too great for a silt fence to contain. They are less effective for sediment removal than
silt fences, particularly for fine panicles, but are able to withstand higher flows than a silt fence. As such,
rock berms are often used in areas of channel flows (ditches, gullies, etc.). Rock berms are most effective
at reducing bed load in channels and should not be substituted for other erosion and sediment control
measures further up the watershed.
Materials:
• The berm structure should be secured with a woven wire sheathing having maximum opening of 1 inch
and a minimum wire diameter of 20 gauge galvanized and should be secured with shoat rings. .
• Clean, open graded 3- to 5-inch diameter rock should be used, except in areas where high velocities or
large volumes of flow are expected, where 5- to 8-inch diameter rocks may be used.
Installation:
• Lay out the woven wire sheathing perpendicular to the flow line. The sheathing should be 20 gauge
woven wire mesh with 1 inch openings.
• Berm should have a top width of 2 feet minimum with side slopes being 2:1 (H:V) or flatter.
• Place the rock along the sheathing to a height not less than 18".
• Wrap the wire sheathing around the rock and secure with tie wire so that the ends of the sheathing
overlap at least 2 inches, and the berm retains its shape when walked upon.
• Berm should be built along the contour at zero percent grade or as near as possible.
• The ends of the berm should be tied into existing upslope grade and the berm should be buried in a trench
approximately 3 to 4 inches deep'to prevent failure of the control.
Hay Bale Dike
Description: The purpose of a hay or straw bale dike is to intercept and detain small amounts of sediment -
laden runoff from relatively small unprotected areas. Straw bales are to be used when it is not feasible to
install other, more effective measures or when the construction phase is expected to last less than 3 months.
Straw bales should not be used an areas where rock or other hard surfaces prevent the full and uniform
anchoring of the barrier.
April 12, 2004 -11-
Materials:
Straw: The best quality straw mulch comes from wheat, oats or barley and should be free of weed and grass
seed which may nor be desired vegetation for the area to be protected. Straw mulch is light and therefore
must be properly anchored to the ground.
Hay: This is very similar to straw with the exception that it is made of grasses and weeds and not grain
stems. This form of mulch is very inexpensive and is widely available but does introduce weed and grass seed.
to the area. Like straw, hay is light and must be anchored.
• Straw bales should weigh a minimum of 50 pounds and should be at least 30 inches long.
Bales should be composed entirely of vegetable matter and be free of seeds.
• Binding should be either wire or nylon string, jute or cotton binding is unacceptable. Bales should be used
for not more than two months before being replaced.
Installation:
• Bales should be embedded a minimum of 4 inches and securely anchored using 2" x 2" wood stakes or 3/8"
diameter rebar driven through the bales into the ground a minimum of 6 inches.
• Bales are to be placed directly adjacent to one another leaving no gap between them.
• All bales should be placed on the contour.
• The first stake in each bale should be angled toward the previously laid bale to force the bales together.
Erosion Control Compost
Description: Erosion control compost (ECC) can beused as an aid to control erosion on critical sites during
the establishment. period of protective vegetation. The most common uses are on steep slopes, swales,
diversion dikes, and on tidal or stream banks.
Materials:
New types of erosion control compost are continuously being developed. The Texas Department of
Transportation (TxDOT) has established minimum performance standards which must be met for any
products seeking to be approved for use within any of TxDOT's construction or maintenance activities.
Material used within any TxDOT construction or maintenance activities must meet material specifications
in accordance with current TxDOT specifications. TxDOT maintains a website at
http://www.dor.state.tx.us/des/landscape%ompost/specifications.htm that provides information on compost
specification data. This website also contains information on areas where the Texas Commission on
Environmental Quality (TCEQ) restricts the use of certain compost products.
ECC used for projects not related to TxDOT should also be of quality materials by meeting performance
standards and compost specification data. To ensure the quality of compost used as an ECC, products
should meet all applicable state and federal regulations, including but not limited to the United States
April12, 2004 -12-
Environmental Protection Agency (USEPA) Code of Federal Regulations (CFR), Title 40, Part 503
Standards for Class A biosolids and Texas Natural Resource Conservation Commission (now named TCEQ)
Health and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter 332, and all
other relevant requirements for compost products outlined in TAC, Chapter 332. Testing requirements
required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling and Analysis
Requirements for Final Products and §332.72 Final Product Grades. Compost specification data approved
by TxDOT are appropriate to use for ensuring the use of quality compost materials or for guidance.
Testing standards are dependent upon the intended use for the compost and ensures product safety, and
product performance regarding the product's specific use. The appropriate compost sampling and testing
protocols included in the United States Composting Council (USCC) Test Methods for the Examination
of Composting and Compost (TMECC) should be conducted on compost products used for ECC to ensure
that the products used will not impact public health, safety, and the environment and to promote production
and marketing of quality composts that meet analytical standards. TMECC is a laboratory manual that
provides protocols for the composting industry and test methods for compost analysis. TMECC provides
protocols to sample, monitor, and analyze materials during all stages of the composting process. Numerous
parameters that might be of concern in compost can be tested by following protocols or test methods listed
in TMECC. TMECC information can be found at http://www.tmecc.org/tmecc/index.htmi. The USCC
Seal of Testing Assurance (STA) program contains information regarding compost STA certification. STA
program information can be found at http://tmecc.org/sta/STA_program_description.htmi.
Installation
• Install in accordance with current TxDOT specification.
• Use on slopes 3:1 or flatter.
• Apply a 2 inch uniform layer unless otherwise shown on the plans or as directed
• When rolling is specified, use a light corrugated drum roller.
Mulch Filter Berms and Socks
Description: Mulch filter berms and socks are used to intercept and detain sediment laden run-off from
unprotected areas. When properly used, mulch filter berms and socks can be highly effective at controlling
sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Mulch filter
berms and socks are used during the period of construction near the perimeter of a disturbed area to
intercept sediment while allowing water to percolate through. The berm or sock should remain in place until
the area is permanently stabilized. Mulch filter berms should not be used when there is a concentration of
water in a channel or drainage way. If concentrated flows occurs after installation, corrective action must
be taken. Mulch filter socks may be installed in construction areas and temporarily moved during the day
to allow construction activity provided it is replaced and properly anchored at the end of the day. Mulch
filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity.
Materials:
New types of mulch filter berms and socks are continuously being developed. The Texas Department of
Transportation (TxDOT) has established minimum performance standards which must be met for any
April12, 2004 -13-
products seeking.to be approved for use within any of TxDOTs construction or maintenance activities.
Mulch filter berms and socks used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with current TxDOT specifications. TxDOT maintains a website at
http://www.dor.state.tx.us/desAandscape%ompost/specificarions.hrm that provides information on compost
specification data. This website also contains information on areas where the Texas Commission on
Environmental Quality (TCEQ) restricts the use of certain compost products.
Mulch filter berms and socks used for projects not related to TxDOT should also be of quality materials by.
meeting.performance standards and compost specification data. To ensure the quality of compost used for
mulch filter berms and socks, products should meet all applicable state and federal regulations, including but
not limited to the United States Environmental Protection Agency (USEPA) Code of Federal Regulations
.:(CFR),,:Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource Conservation
Commission Heath and Safety Regulations as defined in the Texas Administration Code (TAC), Chapter
332, and all other relevant requirements for compost products outlined in TAC, Chapter 332. Testing
requirements required by the TCEQ are defined in TAC Chapter 332, including Sections §332.71 Sampling
and Analysis Requirements for Final Products and §332.72 Final Product Grades. Compost specification
data approved by TxDOT are appropriate to use for ensuring the use of quality compost materials or for
guidance.
Testing standards are dependent upon the intended use for the compost and ensures product safety, and
product performance regarding the product's specific use. The appropriate compost sampling and testing
protocols included in the United States Composting Council (USCC) Test Methods for the Examination
of Composting and Compost (TMECC) should be conducted on compost products used for mulch filter
berms and socks to ensure that the products used will not impact public health, safety, and the environment
and to promote production and marketing of quality composts that meet analytical standards. TMECC is
a laboratory manual that provides protocols for the composting industry and test methods for compost
analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the
composting process. Numerous parameters that might be of concern in compost can be tested by following
protocols or test methods listed in TMECC. TMECC information can be found at
http://www.tmecc.org/tmecc/index.html. The USCC Seal of Testing Assurance (STA) program contains
information regarding compost STA certification. STA program information can be found at
http://tmecc.org/sta/STA_program_description.htrrd.
Installation:
• Install in accordance with current TxDOT specification.
• Mulch filter berms should be constructed at 1-12 feet high and 3 foot wide at locations shown on plans.
• Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies
immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1 /3 of
the height of the berm. Disperse filter berm or leave in place as directed.
• Mulch filter socks should be in 8 inch, 12 inch or 18 inch or as directed. Sock materials should be
designed to allow for proper percolation through.
April 12, 2004 -14-
Compost Filter Berms and Socks
Description: Compost filter berms and socks are used to intercept and detain sediment laden run-off from
unprotected areas. When properly used, compost filter berms and socks can be highly effective at controlling
sediment from disturbed areas. They cause runoff to pond which allows heavier solids to settle. Compost
filter beans and socks are used during the period of construction near the perimeter of a disturbed area to
intercept sediment while allowingwater to percolate through. The berm or sock should remain in place until
the area is permanently stabilized. Compost filter berms should not be used when there is a concentration
of water in a channel or drainage way. If concentrated flows occur after installation, corrective action must
be taken. Compost filter socks may be installed in construction areas and temporality moved during the day
to allow construction activity provided it is replaced and properly anchored at the end of the day. Compost
filter berms and socks may be seeded to allow for quick vegetative growth and reduction in run-off velocity.
Materials:
New types of compost filter berms and socks are continuously being developed. The Texas Department of
Transportation (TxDOT) has established minimum performance standards which must be met for any
products seeking to be approved for use within any of TxDOT's construction or maintenance activities.
Compost filter berms and socks used within any TxDOT construction or maintenance activities must meet
material specifications in accordance with TxDOT specification 1059. TxDOT maintains a website at
http://www.dot.state.tx.us/desAandscape/compost/specifications.hun that provides information on compost
specification data. This website also contains information on areas where the Texas Commission on
Environmental Quality (TCEQ) restricts the use of certain compost products.
Compost filter berms and socks used for projects not related to TxDOT should also be of quality materials
by meeting performance standards and compost specification data. To ensure the quality of compost used
as compost filter berms and socks, products should meet all applicable state and federal regulations, including
but not limited to the United States Environmental Protection Agency (USEPA) Code of Federal
Regulations (CFR), Title 40, Part 503 Standards for Class A biosolids and Texas Natural Resource
Conservation Commission (now named TCEQ) Health and Safety Regulations as defined in the Texas
Administration Code (TAC), Chapter 332, and all other relevant requirements for compost products
outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in TAC Chapter
332, including Sections §332.71 Sampling and Analysis Requirements for Final Products and §332.72 Final
Product Grades. Compost specification data approved by TxDOT are appropriate to use for ensuring the
use of quality compost materials or for guidance.
Testing standards are dependent upon the intended use for the compost and ensures product safety, and
product performance regarding the products specific use. The appropriate compost sampling and testing
protocols included in the United States Composting Council (USCC) Test Methods for the Examination
of Composting and Compost (TMECC) should be conducted on compost products used for compost filter
beans and socks to ensure that the products used will not impact public health, safety, and the environment
and to promote production and marketing of quality composts that meet analytical standards. TMECC is
a laboratory manual that provides protocols for the composting industry and test methods for compost
analysis. TMECC provides protocols to sample, monitor, and analyze materials during all stages of the
composting process. Numerous parameters that might be of concern in compost can be tested by following
protocols or test methods listed in TMECC. TMECC information can be found at
http://www.tmecc.org/tmecctmdex.html. The USCC Seal of Testing Assurance (STA) program contains
April 12, 2004 -15-
information regarding compost STA certification. STA program information can be found at
http:/hmecc.org/sta/STA_program_description.html.
Installation:
• Install in accordance with TxDOT Special Specification 1059.
• Compost filter berms shall be constructed at 1-1/ 2 feet high and 3 foot wide at locations shown on plans.
• Routinely inspect and maintain filter berm in a functional condition at all times. Correct deficiencies
immediately. Install additional filter berm material as directed. Remove sediment after it has reached 1 /3 of
the height of the berm. Disperse filter berm or leave in place as directed. .
Compost filter socks shall be in 8 inch, 12 inch or 18 inch or as directed. Sock materials shall be designed
allowing for proper percolation through.
POST -CONSTRUCTION TSS CONTROLS
Retention/Irrieation Systems
Description: Retention/irrigation systems refer to the capture of runoff in a holding pond, then use of the
captured water for irrigation of appropriate landscape areas. Recention/irrigation systems are characterized
by the capture and disposal of runoff without direct release of captured flow to receiving streams. Retention
systems exhibit excellent pollutant removal but can require regular, proper maintenance. Collection of roof
runoff for subsequent use (rainwater harvesting) also qualifies as a retentionfirrigation practice, but should
be operated and sized to provide adequate volume. This technology, which emphasizes beneficial use of
stormwater runoff, is particularly appropriate for and regions because of increasing demands on water
supplies for agricultural irrigation and urban water supply.
Design Considerations: Retention/irrigation practices achieve 100%removal efficiency of total suspended
solids contained within the volume of water captured. Design elements of retention/irrigation systems
include runoff storage facility configuration and sizing, pump and wet well system components; basin lining,
basin detention time, and physical and operational components of the irrigation system. RetentionArrigation
systems are appropriate for large drainage areas with low to moderate slopes. The retention capacity should
be sufficient considering the average rainfall event for the area.
Maintenance Requirements: Maintenance requirements for retention/irrigation systems include routine
inspections, sediment removal, mowing, debris and litter removal, erosion control, and nuisance control.
Extended Detention Basin
Description: Extended detention facilities are basins that temporarily store a portion of stormwater runoff
following a storm event. Extended detention basins are normally used to remove particulate pollutants and.
to reduce maximum runoff rates associated with development to their pre -development levels. The water
quality benefits are the removal of sediment and buoyant materials. Furthermore, nutrients, heavy metals,
toxic materials, and oxygen -demanding materials associated with the particles also are removed. The control
of the maximum runoff rates serves to protect drainage channels below the device from erosion and to
April 12, 2004 -16-
reduce downstream flooding. Although detention facilities designed for flood control have different design
requirements than those used for water quality enhancement, it is possible to achieve these two objectives
in a single facility.
Design Considerations: Extended detention basins can remove approximately 75%of the total suspended -
solids contained within the volume of runoff captured in the basin. Design elements of extended detention
basins include basin sizing, basin configuration, basin side slopes, basin lining, inlet/ourler structures, and
erosion controls. Extended detention basins are appropriate for large drainage areas with low to moderate
slopes. The retention capacity should be sufficient considering the average rainfall event for the area.
Maintenance Requirements:, Maintenance requirements for extended detention basins include routine
inspections, mowing, debris and litter removal, erosion control, structural repairs, nuisance control, and
sediment removal.
Vegetative Filter Strins
Description: Filter strips, also known as vegetated buffer strips, are vegetated sections of land similar to
grassy swales, except they are essentially flat with low slopes, and are designed only to accept runoff as
overland sheet flow. They may appear in any vegetated form from grassland to forest, and are designed to
intercept upstream flow, lower flow velocity, and spread water out as sheet flow. The dense vegetative cover
facilitates conventional pollutant removal through detention, filtration by vegetation, and infiltration.
Filter strips cannot treat high velocity flows, and do not provide enough storage or infiltration to effectively
reduce peak discharges to predevelopment levels for design storms. This lack of quantity control favors use
in rural or low -density development; however, they can provide water quality benefits even where the
impervious cover is as high as 50%. The primary highway application for vegetative filter strips is along rural
roadways where runoff that would otherwise discharge directly to a receiving water, passes through the filter
strip before entering a conveyance system. Properly designed roadway medians and shoulders make effective
buffer strips. These devices also can be used on other types of development where land is available and
hydraulic conditions are appropriate. Flat slopes and low to fair permeability of natural subsoil are required
for effective performance of filter strips. Although an inexpensive control measure, they are most useful in
contributing watershed areas where peak runoff velocities are low, as they are unable to treat the high flow
velocities typically associated with high impervious cover. The most important criteria for selection and use
of this BMP are soils, space, and slope.
Design Considerations: Vegetative filter strips can remove approximately 85%of the total suspended solids
contained within the volume of runoff captured. Design elements of vegetative filter strips include uniform,
shallow overland flow across the entire filter strip area, hydraulic loading rate, inlet structures, slope, and
vegetative cover. The area should be free of gullies or rills which can concentrate flow. Vegetative filter
strips are appropriate for small drainage areas with moderate slopes.
Maintenance Requirements: Maintenance requirements for vegetative filter strips include pest
management, seasonal mowing and lawn care, routine inspections, debris and litter removal, sediment
removal, and grass reseeding and mulching.
Constructed Wetlands
Description: Constructed wetlands provide physical, chemical, and biological water quality treatment of
April 12, 2004 -17-
stormwater runoff. Physical treatment occurs as a result of decreasing flow velocities in the wetland, and
is present in the form of evaporation, sedimentation, adsorption, and/or filtration. Chemical processes
include chelation, precipitation, and chemical adsorption. Biological processes include decomposition, plant
uptake and removal of nutrients,.plus biological transformation and degradation. Hydrology is one of the
most influential factors, in pollutant removal due to its effects on sedimentation, aeration, biological
transformation, and adsorption onto bottom sediments. .
The wetland should be designed such that a minimum amount of maintenance is required. The natural
surroundings, including such things as the potential energy of a scream or flooding river,.should be utilized
as much as possible. The wetland should approximate a natural situation and unnatural attributes, such as
rectangular shape or rigid channel, should be avoided.
Site considerations should include the water table depth, soil/substrate, and space requirements. Because
the wetland must have a source of flow, it is desirable that the water table is at or near the surface. If runoff
is the only source of inflow for the wetland, the water level often fluctuates and establishment of vegetation
may be difficult. The soil or substrate of an artificial wetland should be loose loam to clay. A perennial
baseflow must be present to sustain the artificial wetland. The presence of organic material is often helpful
in increasing pollutant removal. and retention. A greater amount of space is required for a wetland system
than is required for a detention facility treating the same amount of area.
Design Considerations: Constructed wetlands can remove over 90% of the total suspended solids
contained within the volume of runoff captured in the wetland. Design elements of constructed wetlands
include wetland sizing, wetland configuration, sediment forebay, vegetation, outflow structure, depth of
inundation during storm events, depth of micropools, and aeration. Constructed wetlands are appropriate
for large drainage areas with low to moderate slopes.
Maintenance Requirements: Maintenance requirements for constructed wetlands include mowing, routine
inspections, debris and litter removal, erosion control, nuisance control, structural. repairs, sediment removal,
harvesting, and maintenance of water levels.
Wet Basins
Description: Wet basins are runoff control facilities that maintain a permanent wet pool and a standing
crop of emergent littoral vegetation. These facilities may vary in appearance from natural ponds to enlarged,
bermed (manmade) sections of drainage systems and may function as online or offline facilities, although
offline configuration is preferable. Offline designs can prevent scour and other damage to the wet pond and
minimize costly outflow structure elements needed to accommodate extreme runoff events.
During storm events, runoff inflows displace pan or all of the existing basin volume and are retained and
treated in the facility until the next storm event. The pollutant removal mechanisms are settling of solids,
wetland plant uptake, and microbial degradation. When the wet basin is adequately sized, pollutant removal
performance can be excellent, especially for the dissolved fraction. Wet basins also help provide erosion
protection for the receiving channel by limiting peak flows during larger storm events. Wet basins are often
perceived as a positive aesthetic element in a community and offer significant opportunity for creative pond
configuration and landscape design. Participation of an experienced wetland designer is suggested. A
significant potential drawback for wet ponds in and climates is that the contributing watershed for these
facilities is often incapable of.providing an adequate water supply to maintain the permanent pool, especially
during the summer months. Makeup water (i.e., well water or municipal drinking water) is sometimes used
April 12, 2004 -18-
to supplement the rainfall/runoff process, especially for wet basin facilities treating watersheds chat generate
insufficient runoff.
Design Considerations: Wet basins can remove over 90% of the total suspended solids contained within
the volume of runoff captured in the basin. Design elements of wet basins include basin suing, basin
configuration, basin side slopes, sediment forebay, inflow and outflow structures, vegetation, depth of
permanent pool, aeration, and erosion control. Wet basins are appropriate for large drainage areas with low
to moderate slopes.
Maintenance Requirements: Maintenance requirements for wet basins include mowing, routine
inspections, debris and litterremoval, erosion control, nuisance control, structural repairs, sediment removal,
and harvesting.
April 12, 2004 -19-
WN
NY1-C IO>YD DIIIILVI$IL4T>E�IsU)'TIOiS
Applicant: City of La Porte File #: SWG-05-27-001 Date: 3/17/05
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of Permission)
A
PROFFERED PERMIT Standard Permit or Letter of Permission
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION L_The-11610tarN ideritiliesyour;nghts and;`bpt—i ` pan aistrati e dmina
� appeal
.-�r. , . _
decision.
decision. Additionalm inforation may be foundat l�://wi s=army.miYmet/functions/cw/cecw I
Or Corps re ations of 33 CFR Paif331 - -
ram; - ri�"'t.-. >r,.,t, .rk... t
,6-. ..= Y,S. 6`
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved
jurisdictional determination (JD) or provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
IJI S ORE P or;OB3EC RMIT
OLD? f0 WQ�'2�PROFFERED PE .
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
4
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may rovide additional information to clarify the location of information that is already in the administrative record.
�)d�0,OBt>JE:StQLIS"0-R�INF,QRM'ATfQI�i4t
If you have questions regarding this decision and/or the appeal
If you only have questions regarding the appeal process you may
process you may contact:
also contact:
Kristi McMillan, Regulatory Specialist
James E..Gilmore, Appeal Review Officer
CESWG-PE-RE, P.O. Box 1229
CESWD-CMO-E, 1100 Commerce Street, Room 8E9
Galveston, Texas 77553-1229
Dallas, Texas 75242-0216
Telephone: 409-766-3083; FAX: 409-766-6301
Telephone: 496-487-7061; FAX: 469-487-7190
Email: James.E.Gilmore usace.arm .mil
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opp ortunity to articipate in all site investigations.
Date:
Telephone number:
Signature of appellant or authorized agent.
0
TExAS COMMISSION ON ENVIRONMENTAL QUALITY
Tier I (Sinall'Projects)
Checklist
IncorporationofBestManagementPractices.(BW, s)intoaproposedprojectWill allow anindividual
Section 404 permit application to proceed.without further review by the Texas Commission on
Environmental .Quality. (TCEQ). The basic standards for the Blv s described in items I -III are
included in this packet. Tier I projects are those which will result in a direct impact of three acres
or less of waters in the state or.15001inear. feet ofstreams,,:If a project has a combination of impacts
that exceed the threshold or is submitted after the fact, it does not qualify as a Tier I project (one acre
of impact is considered equal to 500linear; feet of stream): The provisions of the checklist, including
BMPs selected by an applicant, will become part of the Section 404 permit. If an applicant fails to
implement these provisions.and BMPs, the permit is subject to enforcement. Applicants who do not
wish to incorporate all the provisions of the checklist into their project or desire to use alternatives
may seek individual 401 review and certification from the TCEQ.
I. Erosion Control
Disturbed areas must be stabilized to prevent the introduction of sediment to adjacent wetlands or
water bodies during wet weather conditions (erosion). At least one of the following BMPs must be
maintained and remain in place until the area has been stabilized. Please check the BMP(s) you will
incorporate into your project.
❑ Temporary Vegetation
❑ Blankets/Matting
❑ Mulch
❑ Sod
❑ Erosion Control Composts*
❑ Compost Filter Berms and Socks*
❑ Mulch Filter Berms and Socks*
April 12, 2004 -1-
II. Post -Construction TSS Control
After construction has been completed and the site is stabilized, total suspended solids (TSS)
loadings shall b� controlled by at least one of the following BMPs. Please check the BMP(s) you
will incorporate into your project.
❑ Retention/Irrigation
❑ Extended Detention Basin
❑ . Vegetative Filter Strips
❑ Constructed Wetlands
❑ Wet Basins
III. Sedimentation Control
Prior to project initiation, the project area must be isolated from adjacent wetlands and water bodies
by the use of BMPs to confine sediment. At least one of the following BMPs must be maintained
and remain in place until project completion. Please check the BMP(s) you will incorporate into
your project.
❑ Sand Bag Berm
❑ Silt Fence
❑ Triangular Filter Dike
❑ Rock Berm
❑ Hay Bale Dike
❑ Erosion Control Compost*
❑ Compost Filter Berms and Socks*
❑ Mulch Filter Berms and Socks*
Dredged material shall be placed in such a manner that prevents sediment runoff into water in the
state, including wetlands. Water bodies can be isolated by the use of one or more of the required
BMPs identified for sedimentation control. These BMPs must be maintained and remain in place
until the dredged material is stabilized.
April 12, 2004 -2-
Hydraulically dredged material shall be disposed of in contained disposal areas. Effluent from
contained disposal,areas shall not.exceed a.TSS concentration of 300 mg/L.
IV. Contaminated Dredge Material
If contaminated dredge material that was not anticipated or provided for in the permit application
is encountered during dredging, operations shall cease immediately. Pursuant to § 26.039 (b) of the
.Texas Water.Code, the individual operating or responsible for the dredging operations shall notify.the
commission's emergency response team at (512)463-7727 as soon as possible, and not later than 24
hours after the discovery of the material. The applicant shall also notify the U.S. Army Corps of
Engineers (Corps) that activities have been temporarily halted. Contaminated dredge material shall be
remediated ordisposed of in accordance with TCEQ rules. Dredging activities shall not be resumed
until. authorized in writing by the Commission.
"Contaminated.dredge material" is defined as dredge material which has been chemically, physically,
or biologically altered by man-made ormah-induced contaminants which include, but not limited to
"solid waste", "hazardous waste", and "hazardous waste constituent" as those terms are defined by 30
Texas Administration Code (TAC) Chapter335, "Pollutants" as defined by Texas Water Code § 26.001
and "Hazardous Substances" as defined in the Texas Health and Safety Code, §361.003.
V. Wetland Mitigation Requirements
Where wetland mitigation is detemtined to be necessary by the Corps, the applicant must satisfy the
minimum success criteria established by the Corps including wetland hydrology, hydrophytic
vegetation, and two years of monitoring. If that criteria includes less than two years of monitoring,
the applicant may request water quality certification under Section 401.
*VI. Compost Requirements
New types of erosion control compost (ECC) and compost and mulch filter berms and socks are
continuously being developed. The Texas Department of Transportation (TxDOT) has
established minimum performance standards which must be met for any products. seeking to be
approved for use within any of TxDOT's construction or maintenance activities. Material used
within any TxDOT construction or maintenance activities must meet material specifications in
accordance with current TxDOT specifications. TxDOT maintains a website at
http://www.dot.state.tx.us/des/landscape/compost/specifications.htm that provides information
on compost specification data. This website also contains information on areas where the TCEQ
restricts the use of certain compost products.
ECC and compost and mulch filter berms and socks used for projects not related to TxDOT should
also be of quality materials by meeting performance standards and compost specification data. To
ensure the quality of compost used as an ECC, products should meet all applicable state and federal
regulations, including but not limited to the United States Environmental Protection Agency
(USEPA) Code of Federal Regulations (CFR), Title 40, Part 503 Standards for Class Abiosolids and
Texas Natural Resource Conservation Commission (now named TCEQ) Health and Safety
Regulations as defined in the TAC, Chapter 332, and all other relevant requirements for compost
April 12, 2004 -3-
products outlined in TAC, Chapter 332. Testing requirements required by the TCEQ are defined in
TAC Chapter 332, including Sections §332.71 Sampling and Analysis Requirements for Final
Products and §332.12 Final Product Grades. Compost specification data approved by TxDOT are
appropriate to use for ensuring the use of quality compost materials or for guidance.
Testing standards are dependent upon the intended use for the compost and ensures product
safety, and product performance regarding the product's specific use. The appropriate compost
sampling and testing protocols included in the United States Composting Council (USCC) Test
Methods for the Examination of Composting and Compost (TMECC) should be conducted on
compost products. TMECC information can be found at http://www.tmecc.org/unecc/index.html.
The USCC Sea] of Testing Assurance (STA) program contains information regarding compost
STA certification. STA program information can be found at http://tmecc.org/sta/STA—Program
description.html.
VH. Coastal Zone Management Act
In accordance with 31 TAC § 506, all projects located in the coastal zone boundary shall be
consistent with the Texas Coastal Management Program.
Applicant should sign and return the original statement and completed checklist to the U.S. Army
Corps of Engineers and send a copy to the TCEQ. Questions regarding the checklist should be
directed to the TCEQ.
U.S. Army Corps of Engineers
Regulatory Branch
Fax:
Applicant's Name (please
Water Quality Assessment Section - 401 Coordinator
Texas Commission on Environmental Quality
MC-150
P.O. Box 13087
Austin, Texas 78711
(512) 239-5366
Fax (512)239-4420
Corps Project Manager or Regulatory Specialist (if known):
Permit Number (if known):
I will incorporate all of the above requirements and selected BMPs (Items I, 11, and III) into my
proposed project. I understand that these requirements and BMPs as described above will be part
of my Section 404 permit, and failure to implement any of them will constitute a permit violation.
Date:
Applicant Signature:
April 12, 2004 -4-
Attachment 2
Reference to Nationwide Permits Best Management Practices Requirements
NWP
Permit Description
Erosion Control
Sediment Control
Post
Construction
TSS
1
Aid to Navigation
2
Structures in Artificial Canals.
3
Maintenance ( Repair, Replacement,
rehabilitation of currently serviceable
structure or fill)
X
X
4
Fish and Wildlife Harvesting,
Enhancement and Attraction Devices
and Activities (Duck Blinds and Crab
Traps)
5
Scientific Measurement Devices
6
Survey Activities
7
Outfall Structures and Maintenance
X
X
8
Oil and Gas Structures
9
Structures in Fleeting And Anchorage
Areas
10
Mooring Buoys
11
Temporary Recreation Structures
12
Utility Line Activities
X
X
X
13 -
Bank Stabilization
X
X
14
Linear Transportation Projects
X
X
X
15
U.S. Coast Guard Approved Bridges
X
X
16
Return Water From Upland Disposal
Areas
17
Hydropower Projects
X
X
X
18
Minor Discharges (25yds)
X
X
X
19
Minor Dredging
X
X
20
Oil Spill Cleanup
21
Surface Coal Mining Activities
X
X
X
22
Removal of Vessels
X
X
Attachment 2
Reference to Nationwide Permits Best Management Practices Requirements
AIWP
Permit Description
Erosion Control
Sediment Control
Post
Construction
TSS
23
Approved Categorical Exclusions
24
State Administered 404 Program
25
Structural Discharges
X
X
26
Reserved
27
Stream and Wetland Restoration
X
X
28
Modifications of Existing Marinas
29
Single -Family Housing
X
X
X
30
Moist Soil Management for Wildlife
X
X
31
Maintenance of Existing Flood
Control Facilities
X
X
X
32
Completed Enforcement Actions
X
X
33
Temporary Construction, Access and
Dewatering
X
X
34
Cranberry Production
35
Maintenance Dredging of Existing
Basins
36
Boat Ramps
X
X
X
37
Emergency Watershed Protection
and Rehabilitation
X
X
38
Cleanup of Hazardous and Toxic
Waste
X
X
39
Residential, Commercial, and
Institutional Developments
X
X
X
40
Agricultural Activities
X
X
X
41
Reshaping Existing Drainage Ditches
X
X
X
42
Recreational Facilities
X
X
X
43
Stormwater Management Facilities
X
X
44
Mining Activities
X
X
X
I
Texas Commission on Environmental Quality
401 Water Quality Certification Conditions for Nationwide Permits
. Attachment 1.
Below are the 401 water. quality certification conditions the Texas Commission on Environmental
Quality (TCEQ) added to the January; 15,`.2002 issuance of Nationwide Permits (NWP), as described
in the Federal Register (Part H, Vol. 67, No. 10, pages 2020-2095). These conditions were included
as part of TCEQ's certification finalized on April 12, 2002 and September 5, 2003.
Additional information regarding these conditions, including descriptions of the best management
practices, can be obtained from the TCEQ by contacting the 401 Coordinator, MC-150, P. O. Box 13087,
Austin, Texas 78711-3087 or from the appropriate U.S. Army Corps of Engineers district office.
L Erosion Control
Disturbed areas must be stabilized to prevent the introduction of sediment to adjacent wetlands or water
bodies during wet weather conditions (erosion). At least one of the following BMPs must be maintained
and remain in place until the area has been stabilized for NWPs 3, 7, 12, 13, 14, 15, 17, 18, 19, 21, 22,
25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, and 44. If the applicant does not choose one
of the BMPs listed, an individual 401 certification is required.
o Temporary Vegetation
o Mulch
o Interceptor Swale
o Erosion Control Compost
o Compost Filter Berms and Socks
II. Sedimentation Control
o Blankets/Matting
o Sod
o Diversion Dike
o Mulch Filter Berms and Socks
Prior to project initiation, the project area must be isolated from adjacent wetlands and water bodies by
the use of BMPs to confine sediment. Dredged material shall be placed in such a manner that prevents
sediment runoff into water in the state, including wetlands. Water bodies can be isolated by the use of
one or more of the required BMPs identified for sedimentation control. These BMP's must be
maintained and remain in place until the dredged material is stabilized. At least one of the following
BMPs must be maintained and remain in place until the area has been stabilized for NWPs 3, 7, 12, 13,
14, 15, 17, 18, 19, 21, 22, 25, 27, 29, 30, 31, 32, 33, 36, 37, 38, 39, 40, 41, 42, 43, and 44. If the
applicant does not choose one of the BMPs listed, an individual 401 certification is required.
o Sand Bag Berm o Rock Berm
401 Water Quality Certification Conditions
for Nationwide Permits
Page 2
o Silt Fence
o Triangular'Filter Dike
o Stone Outlet Sediment Traps
o Erosion Control Compost
o Compost Filter Berms and Socks
III. Post -Construction TSS Control
o Hay Bale Dike
o Brush Berms
o Sediment Basins
o Mulch Filter Berms. and Socks -
After construction has been completed and the site is stabilized, total suspended solids (TSS) loadings
shall be controlled by at least one of the following BMPs for NWPs 12, 14, 17, 18, 21, 29, 31, 36, 39,
40, 41, 42, and 44. If the applicant does not choose one of the BMPs listed, an individual 401
certification is required. Runoff from bridge decks has been exempted from the requirement for
post construction TSS controls.
o Retention/Inigation
o Extended Detention Basin
o Vegetative Filter Strips
o Grassy Swales
o Erosion Control Compost
o Compost Filter Berms and Socks
o Constructed Wetlands
o Wet Basins
o Vegetation lined drainage ditches
o Sand Filter Systems
- o Mulch Filter Berms and Socks
IV. Return Water from Upland Contained Disposal Areas
Effluent from an upland contained disposal areas shall not exceed a TSS concentration of300 mg/L
unless an individual certification has been issued with site -specific TSS limits.
The following regional conditions apply only within the State of Texas.
The following regional conditions apply throughout the State of Texas:
1. For all discharges proposed for -authorization under nationwide permits (NWP) 3, 6, 7, 12, 14, 18, 19, 25. 27, 29 39,
40, 41, 42, 43, and 44, into the following habitat types or specific areas, the applicant shall notify the appropriate District
Engineer in accordance with the NWP General Condition 13. The Corps will coordinate with the resource agencies as
specified in NWP General Condition 13(e). The habitat types or areas are:
a. Wetlands, typically referred to as pitcher plant bogs, that are characterized by an organic surface soil layer and
include vegetation such as pitcher plants (Sarracenia sp.), sundews Drosera sp.), and sphagnum moss (Sphagnum sp.).
b. Baldcypress-Tupelo Swamps: Wetlands comprised predominantly of baldcypress trees Taxodium distichum ,
and water tupelo trees N ssa a uatica , that are occasionally or regularty flooded by fresh water. Common associates
include red maple Acer rubrim , swamp privet Forestiera acuminata), green ash Fraxinus pennsvlvanica) and water elm
Planera a uatica . Associated herbaceous species include lizard's tail Saururus cemuus , water mermaid weed
(Proserpinaca spp.), buttonbush (Cephalanthus occidentalis) and smartweed (Polygonum spp.). .(Eyre, F. H. Forest
Cover Types of the United States and Canada. 1980. Society of American Foresters, 5400 Grosvenor Lane, Washington,
D.C. 20014. Library of Congress Catalog Card No. 80-54185)
The following regional conditions apply only within the Galveston District:
5. NWP 12 shall not be used to authorize discharges within 500 feet ofa seagrass bed or oyster reef.
6. For all 3-D seismic test discharges conducted within the coastal zone of Texas pursuant to NWP 6, the applicant shall
notify the District Engineer in accordance with the NWP General Condition 13.
7. Nationwide permits 7, 12, 14. 18, 19. 25, 29, 39, 40, 41, 42, 43, and 44 shall not be used to authorize discharges into
the following waters of the United States within the coastal zone of Texas:
a. Mangrove marshes: Wetlands within the Texas Gulf Coastal Plain that are occasionally or regularly flooded by
brackish or saline water and have more than 40 percent cover by woody plants. The dominant woody species in this
environment is the black mangrove (Avicennia germinans) with a dominant herbaceous species component of smooth
cordgrass S artina altemiflora). (Preliminary Guide to Wetlands of the Gulf Coastal Plain. 1978. Technical Report - U.S.
Army Engineer Waterways Experiment Station: Y-78-5. P.O. Box 631, Vicksburg, Miss. 39180.)
b. Coastal Dune Swales: "Wetlands and other waters of the United States that are formed as depressions within and
among multiple beach ridge barriers, dune complexes, or dune areas adjacent to beaches fronting the tidal waters of the
Gulf of Mexico and adjacent to the tidal waters of bays and estuaries. Coastal dune swales are generally comprised either
of impermeable muds that act as reservoirs which collect precipitation or of groundwater nourished wetlands in sandy
soils. As such, they generally have a high fresh to brackish water table. Vegetation species characteristically found in
coastal dune swales include but are not limited to marshhay cordgrass S artina gatens , gulfdyne paspalum Pas alum
monostachvum), bulrush (Scirous spp.), seashore paspalum (Paspalum vaginatum), common reed (Phragmites australis ,
groundsel bush Bacchads halimifdlia , rattlebush Sesbania drummondii), camphor weed Pluchea camphorata),
smartweed (Polvgonum spp.), water hyssop Baco a monnied , cattail (Tvpha spp.), umbrella sedge (Cyperus spp.),
softrush Juncus spp.), sedge Carex spp.), beakrush (Rhynchospora spp.), frog -fruit P( hvla spp.), duckweed Lemna
spp.), buttonweed (Diodia virginiana), mist flower (Eupatorium coelestinum), creeping spotflower Acmella oppositifolia var.
repens), pennywort (Hvdrocotvle spp.), and bushy bluestem (Andropogon glomeratus)." (U.S. Fish and Wildlife Service,
Houston, Texas, and the Texas General Land Office, Austin, Texas).
8. For all discharges and work proposed in tidal waters under NWPs 14 and 18, the applicant shall notify the Galveston
District Engineer in accordance with the NWP General Condition 13. The Corps will coordinate with the National Marine
Fisheries Service in accordance with NWP General Condition 13(e).
activity is authorized. For activities that may affect Federally -listed endangered or threatened species or designated critical
habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by the
proposed work or that utilize the designated critical habitat that may be affected by the proposed work, as a result of formal
or informal consultation with the FWS or NMFS. The District Engineer may add species specific regional endangered
species conditions to the NWPs. (b) Authorization of an activity by a nationwide permit does not authorize the "take" of a
threatened or endangered species as defined under the Federal Endangered Species Act. In the absence of separate
authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the U.S.
Fish and Wildlife Service or the National Marine Fisheries Service, both lethal and non -lethal "takes" of protected species
are in violation of the Endangered Species Act. Information on the location of threatened and endangered species and
their critical habitat can be obtained directly from the offices of the U.S. Fish and Wildlife Service and National Marine
Fisheries Service. Or their World Wide Web pages at http://www.fws.gov/rgendsoo/endsoo.htmi and
http://www.nfms.gov/Prot res/esahome.html respectively.
12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing in the National Register
of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR part 325, Appendix
C. The prospective permittee must notify the District Engineer if the authorized activity may affect any historic properties
listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing on the
National Register of Historic Places, and shall not begin the activity until notified by the District Engineer, that the
requirements of the National Historic Preservation Act have been satisfied and that the activity is authorized. Information
on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the
National Register of Historic Places (see 33 CFR 330.4(g)). For activities that may affect historic properties listed in, or
eligible for listing in, the National Register of Historic Places, the notification must state which historic property may be
affected by the proposed work or include a vicinity map indicating the location of the historic property.
13. Notification NWP Submittal Requirements (Contact District for Information).
14. Compliance Certification. Every permittee who has received a nationwide permit verification from the Corps will submit
a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the
Corps with the authorization letter and will include: (a) A statement that the authorized work was done in accordance with
the Corps authorization, including any general or specific conditions; (b) A statement that any required mitigation was
completed in accordance with the permit conditions; and (c) the signature of the permittee certifying the completion of the
work and mitigation.
15. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and complete project is prohibited,
except when the acreage loss of waters of the United States authorized by the NWPs does not exceed the acreage limit of
the NWP with the highest specified acreage limit. For example, if a road crossing over tidal waters is constructed under
NWP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the United
States for the total project cannot exceed 1/3-acre
16. Water Supply Intakes. No activity, including structures and work in navigable waters of the United States or
discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is
for repair of the public water supply intake structures or adjacent bank stabilization.
17. Shellfish Beds. No activity, including structures and work in navigable waters of the United States or discharges of
dredged or fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a
shellfish harvesting activity authorized by NWP 4.
18. Suitable Material. No activity, including structures and work in navigable waters of the United States or discharges of
dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used
for construction or discharged must be free from toxic pollutants in toxic amounts (see Section 307 of the Clean Water
Act).
19. Mitigation. The project must be designed and constructed to avoid and minimize adverse effects to waters of the
United States to the maximum extent practicable at the project site (i.e., on site). Mitigation will be required when
necessary to ensure that the adverse effects to the aquatic environment are minimal. The District Engineer will consider
the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to
offset adverse effects on the aquatic environment that are more than minimal.
Nationwide Permit General Conditions:
The following general conditions must be followed in order for any authorization by an NWP to.be valid:
1. Navigation. No activity may cause more than a minimal adverse effect on navigation
2. Proper Maintenance. Any structure or fill authorized shall be properly maintained, including maintenance to ensure
public safety.
3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in
effective operating condition during construction, and all exposed soil and other fills, as well as any work below the
ordinary high water mark.or high tide line, must be permanently stabilized at the earliest practicable date. Permittees are
encouraged to perform work within waters of the United States during periods of low -flow or no -flow.
4. Aquatic Life Movements. No activity may substantially disrupt the necessary fife cycle movements of those species of
aquatic life indigenous to the waterbody, including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low flow
conditions.
5. Equipment Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to
minimize soil disturbance.
6. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been
added by the Division Engineer (see 33 CFR 330.4(e)) Additionally, any case specific conditions added by the Corps or by
the State or tribe in its Section 401 water Quality Certification and Coastal Zone Management Act consistency
determination.
7. Wild and Scenic Rivers. No activity may occur in a component of the National Wild and Scenic River System; or in ail
river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official
study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely affect the Wild and Scenic River designation, or study status.
Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency in the
area (e.g., National Park Service, U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
8. Tribal Rights. No activity or Its operation may impair reserved tribal rights, including, but not limited to, reserved water
rights and treaty fishing and hunting rights.
9. Water Quality. (a) In certain States and tribal lands an individual 401 water quality certification must be obtained or
waived (See 33 CFR 330.4(c)). (b) For NWPs 12, 14. 17, 18. 32, 39, 40, 42. 43, and 44, where the State or tribal 401
certification (either generically or individually) does not require or approve a water quality management measures, the
permittee must provide water quality management measures that will ensure that the authorized work does not result in
more that minimal degradation of water quality (or the Corps determines that compliance with state or local standards,
where applicable, will ensure no more that minimal adverse effect on water quality). An important component of water
quality management includes stormwater management that minimizes degradation of the downstream aquatic system,
including water quality (refer to General Condition 21 for stormwater management requirements). Another important
component of water quality management is the establishment and maintenance of vegetated buffers next to open waters,
including streams (refer to General Condition 19 for vegetated buffer requirements for the Ill This condition is only
applicable to projects that have the potential to affect water quality. While appropriate measures must be taken, in most
cases it is not necessary to conduct detailed studies to identify such measures or to require monitoring.
10. Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence
must be obtained or waived (see Section 330.4(d).
11. Endangered Species. (a) No activity is authorized under any NWP, which is likely to jeopardize the continued
existence of a threatened or endangered species or a species proposed for such designation, as identified under the
Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species.
Non-federal permittees shall notify the District Engineer if any listed species or designated critical habitat might be affected
or is in the vicinity of the project, or is located in the designated critical habitat and shall not begin work on the activity until
notified by the District Engineer that the requirements of the Endangered Species Act have been satisfied, and that the
22. Adverse Effects.From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic
system due to the aixeleration of the passage of water, and/or the restricting its flow shall be minimized to the maximum
extent; practicable. This includes structures and work in navigable waters of the .US, `br discharges of dredge or fill
material.
23. Waterfowl. Breeding Areas. Activities, including structures and work in navigable watersof the United States or
discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent
practicable.
24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to
their preexisting elevation.
25. Designated Critical Resource Waters. Critical resource waters include NOAA-designated marine sanctuaries, National
Estuarine Research Reserves, National Wild and' Scenic Rivers, critical habitat for Federally listed threatened and
endangered species, coral reefs, State natural heritage.sites, and outstanding national resource waters or other waters
officially designated by a State as having particular,environmental or ecological significance and identified by the District
Engineer after notice and opportunity for public comment The District Engineer may also designate additional critical
resource waters after notice and opportunity for comment(a) Except as noted, below, discharges of dredged or fill material
into waters of the United States are not authorized by NWPs 7, 12. 14, 16, 17, 21, 29, 31, 35, 39, 40. 42, 43, and 44 for
any activity within, or directly affecting; critical resource waters; including wetlands adjacent to such waters. Discharges of
dredged or fill materials into waters of the United States may be authorized by the above NWPs in National Wild and
Scenic Rivers if the'activitycomplies'with'General Condition 7. 'Further, such discharge's may be authorized in designated
critical habitat for Federally listed threatened or endangered species, if the activity complies with General Condition 11 and
the U.S. Fish and Wildlife Service or the National Marine Fisheries Service has concurred in a determination of compliance
with this condition. (b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22,23,25,27,28,30,33,34,36,37,and 38, notification is required in
accordance with General Condition 13, for any activity proposed in the designated critical resource waters including
wetlands adjacent to those waters. The District Engineer may authorize activities under these NWPs only after he
determines that the impacts to the critical resource waters will be no more than minimal.
26. Fills Within 100-Year Floodplains. For purposes of this general condition, 100-year floodplains will be identified through
the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps or FEMA-approved local floodplain
map.
(a) Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material into waters of the United States
within the mapped 100 year floodplain, below headwaters (i.e. five cfs), resulting in permanent above grade fills, are not
authorized by NWPs 39, 40, 42, 43, and 44
(b) Discharges in Floodway, Above Headwaters. Discharges of dredge or fill material into waters of the US within the
FEMA or locally mapped floodway, resulting in permanent above -grade fills, are not authorized by NWPs 39, 40. 42, and
44.
(c) The permittee must comply with any applicable FEMA approved state or local floodplain management requirements.
27. Constriction Period. For activities that have not been verified by the Corps and the project was commenced or under
contract to commence by the expiration date of the NWP (or modification or revocation date), the work must be completed
within 12 months after such date (including any modification that affects the project). For activities that have been verified
and the project was commenced or under contract to commence within the verification period, the work must be
completed by the date determined by the Corps. For projects that have been verified by the Corps, an extension of a
Corps approved completion date maybe requested. This request must be submitted at least one month before the
previously approved completion date.
D. Further Information:
1. District engineers have authority to determine if an activity complies with the terms and conditions of an NWP.
2. NWPs do not obviate the need to obtain other Federal, State, or local permits, approvals, or authorizations required by
law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project
(a) The project must be designed and constructed to avoid and minimize adverse effects to waters of the US to the
maximum extent practicable at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing or•compensating) will be required to the extent
necessary to ensure that the adverse effects to the aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one for one ratio will be required for all wetland impacts requiring a PCN,
unless the district Engineer determines in writing that some other form of mitigation would be more environmentally
appropriate and provides a project specific waiver of this requirement Consistent with National policy, the District
Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with preservation used only in
exceptional circumstances.
(d) Compensatory mitigation (i,e., replacement or substitution of aquatic resources or those impacted) will not be used to
increase the acreage losses allowed by the acreage limits of some of the NWPs. For example''/. -acre of wetlands cannot
be created to charge a % acre loss of wetlands to a'/nacre loss associated with NWP 39 verification. However, '/nacre
loss of wetlands can be used to reduce the impacts of '% acre loss of wetlands to the minimum impact level in order to
meet the minimal impact requirement associated with NWPs
(e) To be practicable, the mitigation must be available and capable of being done considering cost, existing technology,
and logistics in light of the overall project purposes. Examples of mitigation that may be appropriate and practicable
include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated
buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating,
restoring, enhancing, or preserving similar functions and values, preferably in the same watershed.
(f) Compensatory mitigation plans for projects in or near streams or other open waters will normally include a requirement
for the establishment, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated buffers to open
waters. In many cases vegetated buffers will be the only compensatory mitigation required. Vegetated buffers should
consist of native species. The width of the vegetated buffers required will address documented water quality or aquatic
habitat loss concerns. Normally, the vegetated buffer will be 25 to 50 feet wide on each side of the stream, but the District
Engineers may require slightly wider vegetated buffers to address documented water quality or habitat loss concerns.
Where troth wetlands and open waters exist on the project site, the Corps will determine the appropriate compensatory
mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases were vegetated buffers are determined to be the most appropriate form of compensatory
mitigation, the District Engineer may waive or reduce the requirement to provide wetland compensatory mitigation for
wetland impacts.
(g) Compensatory mitigation proposals submitted with the "notification" may be either conceptual or detailed. If conceptual
plans are approved under the verification, then the Corps will condition the verification to require detailed plans be
submitted and approved by the corps prior to construction of the authorized activity in waters of the US.
(h) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or separate activity specific
compensatory mitigation. In all cases that require compensatory mitigation, the mitigation provisions will specify the party
responsible for accomplishing and/or complying with the mitigation plan.
20. Spawning Areas. Activities, including structures and work in navigable waters of the United States or discharges of
dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable.
Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an
important spawning area are not authorized.
21. Management of Water Flows. To the maximum extent practicable, the activity must be designed to maintain
preconstruction downstream flow conditions (e.g., location, capacity, and flow rates). Furthermore, the activity must not
permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to
impound waters) and the structure or discharge of dredged or fill material must withstand expected high flows. The activity
must, to the maximum extent practicable, provide for retaining excess flows from the site, provide for maintaining surface
flow rates from the site similar to preconstruction conditions, and provide for not increasing water flows from the project
site, relocating water, or redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to
the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce adverse effects such as
flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to
manage water flows. In most cases, it will not be a requirement to conduct detailed studies and monitoring or water flow.
This condition is only applicable to projects that have the potential to affect water flows. While appropriate measures must
be taken, it is not necessary to conduct detailed studies to identify such measures or require monitoring to ensure their
effectiveness. Normally, the Corps will defer to state and local authorities regarding management of water flow.
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City of La Porte Property
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County Key Map 580D
February 2005
Project Site
Permit # SWG-05-27-001
Applicant: La Porte
Date: 311105
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Date: 3/l/05
G-1
HOU:2426924.5
AMENDED AND RESTATED DECLARATION
OF COVENANTS AND RESTRICTIONS
RECITALS
This Amended and Restated Declaration of Covenants and Restrictions (this "Amended
Declaration") is made as of the 4th day of October, 2005, by the CITY OF LA PORTE
("La Porte"), a municipal corporation, CHARLES BERDON LAWRENCE ("Lawrence"), a
resident of La Porte, Harris County, Texas, and LA PORTE VISTA BAYWOOD, LTD.
("LPVB"), a Texas limited partnership. LaPorte is the owner of the fee simple title to a park
known as Little Cedar Bayou Park (the "Park") located within the city limits of the City of
LaPorte. Lawrence and LPVB, an entity affiliated with Lawrence, are the owners of fee simple
title to certain property which abuts the Park.
Under the date of October 26, 1987, that certain Declaration of Covenants and
Restrictions (the "Original Declaration") was entered into by and between La Porte and
Lawrence for the purpose of imposing certain restrictions on a portion of the land within the Park
referred to in the Original Declaration as the "Restricted Property", which Original Declaration is
recorded in the Official Public Records of Real Property of Harris County, Texas under County
Clerk's File No. L466001 and Film Code No. 107-00-0764. Since the Original Declaration,
LPVB has acquired property abutting the Park and Lawrence has acquired additional property
adjacent to the Park, and Lawrence, LPVB and La Porte have agreed to amend and restate the
Original Declaration in its entirety.
Therefore, LaPorte, Lawrence and LPVB, desiring to maintain the natural beauty of the
coastline and the serenity of the natural-state-of-ex-istence-of-certain-property-within-the-Park,—and
for and in consideration of the payment of good and valuable considerations to LaPorte, the
receipt and sufficiency of which are hereby acknowledged and confessed, have executed this
Amended Declaration for the purposes of modifying the definition of "Restricted Property" set
forth in the Original Declaration in order to designate additional property within the Park to be
subject to the covenants and restrictions herein provided for, extending the term of the Original
Declaration and to otherwise modify and amend certain provisions of the Original Declaration.
DECLARATION
ARTICLE I
The following words and terms when used in this Amended Declaration (unless the
context shall otherwise prohibit) shall have the following meanings:
1.01 "Restricted Property" — that certain tract or parcel of land described or depicted
on Exhibit "A" attached hereto and incorporated herein by reference, which tract constitutes a
strip of land 100 feet in width along and contiguous with the south boundary line of the Park and
extending along the south boundary line of the Park from its east boundary line adjoining the
Lawrence Property to the west right of way line of Park Avenue.
HOU2433316.3
1.02 "Lawrence Property" — those certain tracts of land in the City of LaPorte, Harris
County, Texas, being more particularly described on Exhibit `B" attached hereto.
1.03 "LPVB Property" — those certain tracts of land in the City of LaPorte, Harris
County, Texas, being more particularly described on Exhibit "C" attached hereto.
1.04 "Adiacent Property — the collective reference to the Lawrence Property and the
LPVB Property.
1.05 `Benefitted Owner(s)" — (a) singly, any of, and (b) collectively, all of the record
owners of the fee simple title to any portion of the Adjacent Property.
1.06 "Improvement" or "Improvements" — all structures or other improvements of any
kind whatsoever, whether above or below grade, including, but not limited to, buildings, utility
installations, equipment, storage, loading and parking facilities, sidewalks and walkways, piers,
driveways, landscaping, statuary, lakes, ponds and pools, walls, fountains, benches, signs, site
lighting, site grading and earth movement and any additions, changes or alterations thereto and
replacements thereof.
1.07 "Natural State" — with respect to any land so described, the natural state of
existence of such land, as of the date hereof, with no changes, Improvement or Improvements
made to the natural landscaping existing on such land except for (i) such service and pruning of
trees and other foliage as may reasonably be required to establish and preserve Nature Trails or
to preserve or allow the use and servicing of existing easements across or under such land, (ii)
the inspection, repair, replacement, maintenance or installation of utilities lines within the
existing 15 foot sanitary sewer easement and 20 foot drainage easement which traverse the
Restricted Property, and (iii) such alterations, repairs and replacements as may be necessary to
protect and preserve the shoreline and existing structures from future erosion or to mitigate
damage from hurricanes, tropical storms or other natural disasters.
1.08 "Nature Trail" — a path or route for pedestrian traffic only having a base
composed of natural vegetation, pine needles, and/or bark mulch which is no wider than eight (8)
feet at any point.
ARTICLE H
ESTABLISHMENT; PURPOSE; ENFORCEMENT
2.01 Establishment of Covenants and Restrictions. La Porte hereby imposes the
following restrictions on the Restricted Property:
The Restricted Property shall remain in its Natural State during the term of this Amended
Declaration and no use of the Restricted Property shall be permitted which, in any way,
alters the Natural State thereof other than the right of La Porte to permit use of the
Restricted Property by maintenance vehicles, equipment and personnel of LaPorte, and
its agents or contractors or other governmental agencies, for the purpose of ingress and
egress to the portion of the Park other than the Restricted Property in order to operate and
maintain the Park. Without limiting the generality of the foregoing, no motorized or
wheeled vehicles of any kind shall be permitted on the Restricted Property other than the
-2-
HOU:2433316.3
maintenance vehicles referred to in the foregoing sentence. The foregoing sentence shall
not be construed to prohibit or limit access to the Restricted Property by handicapped
persons in wheelchairs.
The Restricted Property shall be held, sold, transferred, conveyed and occupied subject to
the covenants and restrictions created and set forth in this Amended Declaration.
2.02 Enforcement. The covenants and restrictions created in this Amended
Declaration shall be covenants running with the title to the Restricted Property and be binding
upon and enforceable against each purchaser, grantee, owner, or lessee of all or any portion of
the Restricted Property and the respective heirs, executors, administrators, designees, successors,
and assigns of any such purchaser, grantee, owner, or lessee. The covenants and restrictions
created in this Amended Declaration shall inure to the benefit of each Benefitted Owner; any
Benefitted Owner shall have the right, but not the obligation, to enforce the covenants and
restrictions created in this Amended Declaration; and the benefit of and right to enforce such
covenants and restrictions shall run with the title to the Adjacent Property.
A breach of any of the covenants and restrictions of this Amended Declaration shall give
to any party entitled to enforce such covenants and restrictions the right to bring a proceeding at
law or in equity against the party or parties breaching or attempting to breach such covenants or
restrictions and to enjoin such party or parties from so doing, or to cause such breach to be
remedied, or to recover damages resulting from such breach.
In any legal or equitable proceeding or proceedings for the enforcement of the covenants
and restrictions contained in this Amended Declaration or to restrain a breach thereof, the party
or parties against whom judgment is entered shall pay the attorneys' fees and costs of the party
or parties for whom judgment is entered in such amount as may be fixed by the Court in such
proceeding or proceedings.
All remedies provided under this Amended Declaration, including those at law or in
equity, shall be cumulative and not exclusive.
The failure of a party having a right to enforce the covenants and restrictions contained in
this Amended Declaration to do so shall not be deemed a waiver of the right of any other party
having such right, nor a waiver to do so for a subsequent breach, of the right to enforce any other
provision of this Amended Declaration. No party having the right to enforce the covenants and
restrictions contained in this Amended Declaration shall be liable for failure to do so.
ARTICLE III
MISCELLANEOUS
3.01 Term. Unless sooner terminated pursuant to Section 3.02 hereof, this Amended
Declaration shall be in force and effect for a term commencing on the effective date of this
Amended Declaration and ending on the 31s` day of December, 2044. This Amended
Declaration may be amended or terminated only as provided in Section 3.02.
3.02 Supersede Original Declaration; Amendment; Termination. This Amended
Declaration shall supersede and replace the Original Declaration in its entirety. This Amended
192
HOU:2433316.3
Declaration may be amended from time to time, or terminated, only by an instrument in writing
executed by the owner of the Restricted Property and all of the Benefitted Owners, acting
unanimously. All amendments and any termination pursuant to this Section 3.02 shall become
effective when recorded in the Official Public Records of Real Property of Harris County, Texas.
3.03 Severability. If any of the covenants, restrictions, or other terms of this Amended
Declaration shall be found void or unenforceable for whatever reason by any court of law or of
equity, then every other covenant, restriction, and term herein set forth shall remain valid and
binding, and the Benefitted Owners to the fullest extent possible shall modify such failed
covenant, restriction, or term to the extent required in order to carry out the general purposes of
this Amended Declaration and to impart validity to such covenant, restriction, or term.
3.04 _Captions; Singular, Plural and Gender. The Article and Section headings herein
are intended for convenience only and shall not be construed with any substantive effect in this
Amended Declaration. Words used herein shall be deemed to include singular and plural, and
any gender as the context requires.
3.05 Incorporation of Exhibits. Each of the Exhibits attached to and referred to in this
Amended Declaration is hereby incorporated into this Amended Declaration by this reference,
and is hereby made a part of this Amended Declaration for all intents and purposes.
-4-
HOU:2433316.3
IN WITNESS WHEREOF, LaPorte, Lawrence and LPVB have caused this Amended
Declaration to be executed effective as of the date and year first above written.
CITY OF LA P�O(�RT/,E
By: V lw
AUX�-
Debra Brooks F azelle,
City Manager
ATTEST:
JM rgy'&
City Se etary
APPROVED this the day f C 0 2005:
By: �Z� W
Knox W. Askins,
City Attorney
STATE OF TEXAS
COUNTY OF HARRIS
Before me, the undersigned notary, on this day personally appeared Debra Brooks
Feazelle, the City Manager of the CITY OF LA PORTE, known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me that she executed the
same for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of 2005.
1 MEUSA LANCLOS
N �r� Not Public in and for the State of Texas
Evhs
January 10, 2009
-5-
HOU:2433316.3
CHARLES ,-
LA PORTE VISTA BAYWOOD, LTD.,
a Texas limited partnership
By: Vista Baywood
corporation, its,�
M
STATE OF TEXAS §
COUNTY OF HARRIS • §
President
, Inc., a Texas
Q Partner
Before me, the undersigned notary, on this day personally appeared CHARLES
BERDON LAWRENCE, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes and.
consideration therein expressed.
Given under my hand and seal of office
Public in and fir the State of
STATE OF TEXAS 0-Commission
LINDAANN ROSSICONE
§ Notary Public, State of Texas
§ Expires 08-09-2008
COUNTY OF HARRIS §
Before me, the undersigned notary, on this day personally appeared Robert B. Egan,
known to me to be the person whose name is subscribed to the foregoing instrument, and who
represented to me to be the President of Vista Baywood GP, Inc., General Partner of LA PORTE
VISTA BAYWOOD, LTD. and acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
Given under my hand and seal of office this / ay of 5.
Notary Public in for the State of Texas
LINDAANN ROSSICONE
Notary Public, Slate of Texas
Commission Expires W09.2008
HOU:2433316.3
Pa,-,e I of
EXHIBIT "All.
EXHIBIT •B"
T.'.iACT I:
Being a 0.5411 acre tract I called 0.5892 acres ) out of Lot 23. v,, B. Lowrance
Subdivision, Johnson Hunter Survey. A-35, Aarris'Ccunty..Texas and being..the
same tract of .land as conveyed by Stan Sherwood to`.Decker McKim. Trustee, according
to the instrument recorded under Harris County Clerk's File No. C821482.
The 0.5411 acre tract of lend Is more particularly:described 'by metes .and
bounds as follows;
Commencing at a 5/8 inch iron rod found for the Northwest corner of that certait
0.9603 acre tract of land as conveyed by Stan Sherwood. Trustee, to Stanley D.
Sherwood on January 6.1981 as evidenced by the instrument recorded under Harris
County Clerk's Film Code No.175-89-13B2.
Thence,South; coincident with the.%East boundary line of that certain 10.00
acre tract of land conveyed by Frank Bonner Howard to George B. Rush and O'Meara
Properties, Inc. according to the instrument recorded under Harris County Clerk's
Film Code No. 137-37-0027; a distance of 313.59 feet to a 1/2 inch iron rod set for
the Northwest corner of this tract and the POINT OF BEGINNING.
Thence, S 76' 51' 37" E; coincident with the South boundary line of that
certain called 0.8085 acre tract of land conveyed by Stanley D. Sherwood to
William C. Staner on January 6.1981 as evidenced by the instrument recorded under
Harris County Clerk's File No..G821480; passing at 160.27 feet a 1/2 inch iron rod
set for reference corner; for a total distance of 1B6.45 feet to a point for the
Northeast corner of this tract.
Thence, coincident with the existing. westerly shoreline meanders of Galveston
Bay as follows;
S 26' 19' 14" N a distance of 11.17 feet to a point for corner.
S 34' 06' 22" 1.1'a distance of 148.21 'feet to a point for corner.
S 56' 31' 37" E a distance of 26.61 feet to a point for the Southeast corner
of this tract.
Thence. N 88' 28' 35" A; passing at 50.74 feet a 5/8 inch iron rod found
for a reference corner; for a total distance 115.74 feet to a 5/8 inch iron rod
found for the Southwest corner of this 0.5411 acre tract.
Thence. North; coincident with the East boundary line of the afore -mentioned
George B. Rush 10.00 acre tract of land; a distance of 186.71 feet of the POINT
OF BEGINNING.
EXHIBIT `B"
TRACT'II:
Beinp.a 0.2633 acre tract of land ( called'0.2152 acres ) subject to the
ebb and flow of the tides of_Gelveston'Ray and being out of -Lot 23; W.B. Lowrance
.Subdivision, Johnson Hunter Survey. A-35, Harris County. Texas and being the same
tract of land as conveyed by Stan Sherwood, -Trustee to Decker McKim, Trustee.,
according to the instrument recorded under Harris County Clerk's File No. G821482.
The 0.2633 acre tract of land is more particularly described by metes and
bounds as follows;
Commencing at a 518 inch iron rod found for the Northwest corner of that
certain 0.9603 acre tract of land conveyed by Stan Sherwood. Trustee to Stanley
D. Sherwood on January 6,1981 according to the instrument recorded under Harris
County Clerk's Film Code No. 175-89-1382.
Thence. South; coincident vith the East boundary line of that certain 1O.OD
acre tract of land conveyed by Frank Bonner Howard to George B. Rush and O'Meara
Properties. Inc according to the instrument recorded under Harris County Clerk's
Film Code No. 137-37-0027; a distance of 313.59 feet to a 1/2 inch iron rod for
corner.
Thence. S 76' 51' 37" E; coincident with the South boundary line of that
certain called 0.8085 acre tract of land conveyed by Stanley D. Sherwood to
William C. Staner according to the instrument recorded under Harris County Clerk's
File No. G8214B0; passing at 160.27 feet a 1/2 inch iron rod; for a total distance
of 186.45 feet to a point for the Northwest corner of this 0.2633 acre tract and
the POINT OF BEGINNING.
Thence. coincident with the existing vesterly shoreline meanders of Galveston
Bay as follows;
S 26' 19' 14" N a distance of 11.17 feet to a point for corner.
S 34' 06' 22" N a distance of 148.21 feet to a point for corner.
S 56' 31' 37" E a distance of 26.61 feet to a point for corner.
Thence, S 88' 28'35" E a distance of 67.15 feet to a point for the Southeast
corner of this tract.
Thence. N 23' 26' 16" E a distance of 147.38 feet to a point for the Northwest
corner of this tract.
Thence. 1 76' 51'37" V a distance of 61.49 feet to. the POINT OF BEGINNING.
EXHIBIT "B"
TPACT III:
Being a 0.4303.acre tract of land out .of .Lot 23, W.B. .Lowrance Subdiviclon,
Jofifison Hunter Survey.-A=35. Harris County,.Texas and 'beinS a•portion of that certain
celled.0.8085 acre trict..:of.land conveyed by'Stanley .D. 'Sherwood to' -William C.:Staner
an,January b';1961'as evidericed:by the:inct}aoent,iecoided vodeT:Aa.rria County Clerk's
File No. G62148D.
Co,mnencing at a 5/8 inch iron rod found..for the, Northwest corner of that certain
called 0.9603 acre tract of land as conveyed by Stan Sherwood, Trustee to Stanley
D. Sherwood on January 6, 1981 as evidenced by:tbe instrument recorded under Harris
County Clerk's Film Code No. 175-89-1382.
Thence, South; coincident vith the East boundary line of that certain 20.00 acre
tract of land conveyed by Frank Bonner Howard to George B. Rush and O'Meara Properties,
Inc. according to the instrument recorded under Harris County Clerk's Film Code
No. 137-37-0027; a distance of 150.80 feet to to a 1/2 inch iron rod set for the
Northwest corner of this 0.4303 acre tract and the POINT OF BEGINNING.
Thence, S 76' 51'37" E; coincident with the South boundary line the aformentioned
0.9603 acre tract; passing at 243.06 feet a 1/2 inch iron rod set for a reference
corner; for a total distance of 258.06 feet to a point for the Northeast corner of
this tract.
Thence; coincident with the original shoreline meanders of the Westerly shoreline
of Galveston Bay as follows;
S 25' 53' 36" W a distance of 7.78 feet to a point for corner. .
S 25' 39' 50". W a distance of 72.22 feet to a point for the Southeast corner
of this tract.
Thence, N 76' 48' 46" W; passing at 22.26 feet a 1/2 inch iron rod set for
reference corner; for a total distance of 222.50 feet to a 1/2 inch iron rod set
for the Southwest corner of this tract.
Thence, North; coincident vitb the East boundary line of the O'Meara Properties
10.00 acre tract; for a distance of 80.00 feet to the POINT OF BEGINNING.
EXHIBIT'B"
:.TRACT ZV.
Being a 0.1026 acre tract of land subject to.the ebb end flow of the tides.
of Galveston Bay and being out of Lot 23, W. B. Lowrance Subdivision, Johnson
Hunter Survey, A-35,_Harris County, Texas. The said 0.1026 acre tract is described
more particularly as being out of that certain called 0.2135 acre tract of land
shown as exhibit "V. as conveyed by Stan Sherwood .to villiam C. Staner on January
691981 as evidenced by the instrument recorded under:Harris.County Clerk's File
No. G821480.
The 0.1026 acre tract is more..particularly described by metes and bounds
as follows;
Commencing at a 5/8 inch iron rod found for the Northwest corner of that
certain called 0.96D3 acre tract of land as conveyed by Stan Sherwood, Trustee,
to Stanley D. Sherwood on January 6, 1981 as evidenced by the instrument recorded
under Harris County Clerk's Film Code No. 175-89-1382.
Thence, South; coincident with the East boundary line of that certain 10.OD
acre tract of land conveyed by Frank Bonner Howard to George B. Rush and O'Meara
Properties, Inc. according to the instrument recorded under Harris County Clerk's
Film Code No. 137-37-0027; for a distance of 150.80 feet to a 1/2 inch iron rod
for corner.
Thence, S 76' 51' 37" E; coincident with the South boundary line of that certain
called 0.9603 acre tract of land conveyed by Stanley D. Sherwood to James M.
Sims as evidenced by the instrument recorded under Harris County Clerk's
Film Code 008-82-1024.nnd the North boundary line of that certain called 0.8085
acre tract of land as evidenced by the Instrument recorded under Harris County
Clerk's File No..G821480; for a total distance of 258.06 feet to a point for the
Northwest corner of this 0.1026 acre tract and the POINT OF BEGINNING.
Thence, coincident with the'original shoreline meanders of the Westerly
shoreline of Galveston Bay as follows;
S 25' 53' 36" W a distance of 7.78 feet to a point for corner.
S 25' 39' 50" W a distance of 72.22 feet to a point for the Southwest corner
of this tract.
Thence, S 76' 48' 46" E a distance of 58.86 feet to a point for the Southeast
corner of this tract.
Thence, N 23' 26' 16" E a distance of 64.04 feet to a point for corner.
Thence, N 21' 12' 04" E a distance of 15.28 feet to a point for the Northeast
corner of this tract.
Thence, N 76' 51' 37" W a distance of 55.07 feet to the POINT OF BEGINNING.
EXHIBIT "B"
TRACT V:
'.Being a 0.9591 acre tract (called 0.9603 acres) out of Lot
23, W. B. Lowrance Subdivision, Johnson Hunter Survey, A-35,
Harris County,' Texas., and being the same tract of land referred
to as Exhibit ":A" in the deed from Stanley D. Sherwood to James M.
Sims as recorded under Harris County Clerk's File Code 008-82-1024.
The 0.9591 acre tract of land is more particularly described
by metes and bounds as follows:
Beginning at a 5/8 inch iron rod found for the Northwest corner of this
0.9591 acre tract of land; said corner is also the Northwest corner of that certain
2.358 acre tract of land conveyed to Stanley D. Sherwood. Trustee by the Estate of
Frank Bonner Howard ( Deceased ).
Thence, S 76' 51' 37" E; coincident with the South boundary line of that
certain 9.4925 acre tract'of'land conveyed to Watson'a Bay. Inc, by W. S. Crawford
Jr. according to the deed recorded in Volume 6959. Page 568 of the Harris County
Deed Records; passing at 220.00 feet a 5/8 inch iron rod found for reference corner;
for a total distance of 292.38 feet to a point for corner in the present shoreline
of Galveston Bay.
Thence; coincident with the meanders of the Westerly shoreline of Galveston
Bay as follows;
S 3B' 56' 46" E a distance of 14.83 feet to a point for corner;
S ll' 40' 00" W a distance of 33.34 feet to a point for corner;
S 15' 35' 43" u a distance of 60.24 feet to a point for corner;
S 25' 53' 36" A a distance of 45.34 feet to a point for*the Southeast corner of
this tract.
Thence. N 76' 51' 37" W; coincident with.the North boundary line of that certain
tract of land conveyed by Stanley D. Sherwood to William C. Staner as per the instrument
recorded under Harris County Clerk's File No. G82148% passing at 15.00 feet a 5/8
inch iron rod set foi reference corner; for a total distance of 258.06 feet to a
1/2 inch iron rod found for the Southwest corner of this tract.
Thence. North; coincident with the East boundary line of that certain 20.00 acre
tract of land as conveyed by Frank Bonner Howard to George B. Rush and O'Meara
Properties. Inc. according to the instrument recorded under Harris County Clerk's
Filn Code No. 137-37-0027; a distance of 150.80 feet to tbe•POIN2 OF DEGINNINC.
EXHIBIT "B"
TRACT VI:
Being a 0.1895 acre tract (called 0:1883.acres) out of Lot 23,
W. B. Lowrance Subdivision, subject to tidal flow, and being the
same tract of land referred to as Exhibit "B" in the deed from
Stanley.D. Sherwood to James.M. Sims as recorded under Harris
County Clerk's Film Code 008-82-1024.
The 0.1895 acre tract of land is more particularly described by
metes and bounds as follows:
Commencing at the 5/8 inch iron rod found for the Northwest corner of the
0.9591 acre tract.
Thence, S 76' 51' 37" E; coincident with the North boundary line of the
0.9591 acre tract previously described; a distance of 292.38 feet to the POINT
OF BEGINNING.
Thence, S 76' 51' 37" E a distance of 75.83 feet to a point for corner.
Thence, S 21' 12' 04" W a distance of 148.32 feet to a point for corner.
Thence. N 76' 51' 37" W; coincident with the North boundary line of that
certain 0.2135 acre tract described as Exhibit "B" in the deed from Stanley D.
Sherwood to William C. Staner as recorded under Harris County Clerk's File
No. C821480; a distance of 55.07 feet to a point for corner.
Thence; coincident with the meanders of the present Wester)y shoreline of
Galveston Bay as follows;
N 25' 53' 36" E a distance of 45.34 feet to a point for corner.
N 15' 35' 43" E a distance of 60.24 feet to a point for corner.
N 11' 40' 00" E a distance of 33.34 feet to a point for corner.
N 38' 56' 46" W a distance of 14.83 feet to the POINT OF BEGINNING.
EXHIBIT "B"
TRACT VII:
Being a 0.3780 acre tract of land out of Lot 23, W. B. Lowrance
Subdivision, Johnson Hunter Survey, A-35, Harris County, Texas. The 0.3780
acre tract of"land is a part I of that certain 0.8085 acre tract of land as
conveyed by Stanley D. Sherwood to William C. Staner on January 6, 1981 as
evidenced by the instrument recorded under Harris County Clerk's File
Number,G821480, which is the same tract of land conveyed to Herbert L.
Brannan by William C. Staner according to the instrument recorded under
Harris County Clerk's File Number H351771.
The 0.3780 acre tract is more particularly described by metes and
bounds as follows:
Commencing at a 5/8 inch iron rod found for the Northwest corner of
that certain called 0.9603 acre tract of land conveyed by Stanley D.
Sherwood, Trustee to Stanley D. Sherwood on January 6, 1981 as evidenced
by the instrument recorded under Harris County Clerk's Film Code Number
175-89-1382.
Thence, South ( Reference Bearing ); coincident with the East
boundary line of that certain 10.00 acre tract of land conveyed by Frank
Bonner Howard to George B. Rush and Omera Properties, Inc. as evidenced by
the instrument recorded under Harris County Clerk's File Number D480689;.
passing at 150.80 feet a 1/2 inch iron rod found for the Northwest corner
of that certain 0.4303 acre tract of land as conveyed by Herbert L.
Brannan to Hollywood Marine, Inc. according to the instrument recorded
under Harris County Clerk's File Number H887624; for a total distance of
230.80 feet to a P.R. Nail set in an expansion Joint for the Northwest
corner of this 0.3780 acre tract and the POINT OF BEGINNING.
Thence, S 76 degrees 48 minutes 46 seconds E; coincident with the
South boundary line of the aforementioned 0.4303 acre tract; passing at
200.24 feet a 5/8 inch iron rod set for reference corner; for a total
distance of 222.50 feet to a point for the Northeast corner of this tract.
Thence, coincident with the original westerly shoreline meanders of
Galveston Bay as indicated in the deed of the aforementioned 0.8085 acre
tract as follows;
S 25 degrees 39 minutes 50 seconds W a distance of 32.48 feet.
S 24 degrees 01 minutes 22 seconds W a distance of 29.62 feet.
S 26 degrees 19 minutes 14 seconds W a distance of 20.17 feet to a
point for the Southeast corner of this 0.3780 acre tract.
PAGE 1 of 2
Thence, N 76 degrees 51 minutes 37 seconds W; coincident with the
North boundary line of that certain 0.5411 acre tract conveyed by Stanley
Sherwood, Trustee to Decker McKim, Trustee as evidenced by the instrument
recorded under Harris County Clerk's File Number G821482; passing at 26.16
feet a 5/8 inch iron rod set for reference; for a total distance of 186.45
feet to a 5/8 inch iron rod set for the Southwest corner of this 0.3780
acre tract; said point being coincident with the Northwest corner of the
aforementioned 0.5411 acre tract.
Thence, North; coincident with the East boundary line of the
aforementioned 10.00 acre tract and the the West boundary line of the
aforementioned 0.8085 acre tract; a distanoe of 82.78 feet returning to
the POINT OF BEGINNING.
PAGE 2 of 2
EXHIBIT "B" =.t.
TRACT VIII:
Being a 0.1110 acre tract of land out of Lot 23, W. B. Lowrance
Subdivision, Johnson Hunter Survey, A-35, Harris -County, Texas. The 0.1110
acre tract of land is a part of that certain 0.2135.acre tract of land as
conveyed by Stanley D. Sherwood to William C. Staner on January 6, 1981 as
evidenced by the instrument recorded under Harris County Clerk's File
Number G821480,.which is the same tract of land conveyed to Herbert L.
Brannan by William C. Staner according to the instrument recorded under
Harris County Clerk's File Number H351771.
The 0.1110 acre tract is more particularly described by metes and
bounds as follows:
Commencing at a 5/8 inch iron rod found for the Northwest corner of
that certain called 0.9603 acre tract of land conveyed by Stanley D.
Sherwood, Trustee to Stanley D. Sherwood on January 6, 1981 as evidenced
by the instrument recorded under Harris 175-89-1382. County Clerk's Film Code Number
Thence, South ( Reference Bearing ); coincident with the East
boundary line of that certain 10.00 acre tract of land conveyed by Frank
Bonner Howard to George B. Rush and Omera Properties, Inc. as evidenced by
the instrument recorded under Harris County Clerk's File Number D480689;
Passing at 150.80 feet a 1/2 inch iron rod found for the Northwest corner
of that certain 0.4303 acre tract of land as conveyed by Herbert L.
Brannan to Hollywood.Marine. Inc. according to the instrument recorded
under Harris County Clerk's File Number H887624; for a total distance of
230.80 feet to a P.K. Nail set in an expansion joint for the Southwest
corner of the aforementioned 0.4303 acre tract.
Thence, S 76 degrees 48 minutes 46 seconds E; coincident with the
South boundary line of the aforementioned 0.4303 acre tract; passing at
200.24 feet a 5/8 inch iron rod set for reference corner; for a total
distance. of .222.50 feet to a point for the Northwest corner of this 0.1110
acre tract and the POINT OF BEGINNING.
Thence, coincident with the original westerly shoreline meanders of
Galveston Bay as indicated in the deed of the aforementioned 0.2135 acre
tract as'follows;
S 25 degrees 39 minutes 50 seconds W a distance of 32.48 feet.
S 24 degrees 01 minutes 22 seconds W a distance of .29.62 feet.
S 26 degrees 19 minutes 14 seconds W a distance of 20.17 Peet to a
Point for the Southwest corner of this 0.1110 acre tract.
PAGE 1 OF 2
Thence, S 76 degrees 51 minutes 37 seconds E into Galveston Bay;
coincident with the South boundary line of the 0.2135 acre tract; a
distance of 61.49 feet to a point for the Southeast corner of this tract.
Thence, N 23 degrees 26 minutes 16 seconds E; coincident with the
East boundary line of the aforementioned 0.2135 acre tract; a distance of
81.70 feet to a point for the Northeast corner of this 0.1110 acre tract.
Thence, N 76 degrees 48 minutes 46 seconds W; coincident with.the..
South boundary.line of ,that certain.0.1026 acre tract conveyed by Herbert
L. Brannah.to Hollywood -Marine., Inc. as evidenced by the instrument
recorded under -Harris County Clerk's File Number H887624; a distance of
58.86 feet returning to .the POINT .OF BEGINNING.
PAGE 2 of 2
EXHIBIT °B"
TRACT IX
Ail-& the lots in Block 1218 and all of the lots in Block 1255, less and except Lots I and 2
thereof, of the Town of La Porte according to the map thereof recorded in Volume 60, Page 1.15
of the Map Records of Harris County, Texas.
HOU:2489650.1
EXHIBIT "C"
LPVB Property
A tract of land containing 10.0026 acres out of the Frank Bonner Howard Tracts No. 1, 2 and 3, as
recorded in Volume 3319, Page 7 of the Hams County Deed Records (H.C.D.R.), out of Lot 23 of
the W.B. Lowrance Subdivision, Johnson Hunter League, Abstract 35, as recorded in Volume 83,
Page 596 H.C.D.R., and a part of that certain East 40 feet of Park Avenue, as vacated and abandoned
by City of LaPorte, Texas on September 27, 1971, by City.Ordinance No. 892, and being more
particularly described by metes and bounds as follows:
BEGINNING at a 3/4-inch iron rod found for the southwest comer of that East 40 feet of Park
Avenue, as vacated and abandoned by the Hams County Commissioners Court on August 26, 1968,
and recorded in the minutes of said court in Volume 68, Page 7, same point being the northwest
comer of the subject 10.0026 acre tract;
THENCE South 76' 51' 37" East, along the common line between that certain 10.0035 total acres
conveyed to the City of LaPorte and described in deed recorded under Harris County Clerk's File
(H.C.C.F.) No. F423903 and said Frank Bonner Howard tracts, a distance of 340.00 feet to a
3/4-inch iron rod w/cap set for corner of a lift station out -tract;
THENCE South 13' 08' 23" West, departing said common line, a distance of 25.00 feet to a 3/4-inch
iron rod w/cap set for comer of a lift station out -tract;
THENCE South 76' 51' 37" East, along the south line of said lift station out -tract, a distance of 25.00
feet to a 3/4-inch iron rod w/cap set for comer;
THENCE North 13' 08' 23" East, along the east line of said lift station out -tract, a distance of 25.00
feet to a 3/4-inch iron rod w/cap set in said common line between said City of LaPorte 10.0035 acres
and said Frank Bonner Howard tracts;
THENCE South 76' 51' 37" East, along said common line, a distance of 449.86 feet to a 5/8-inch
iron rod found for the northeast comer of the subject 10.0026 acre tract, same point being a common
comer to a 0.6035 acre tract H.C.C.F. No. M604460 and also a 0.9591 acre tract H.C.C.F. No.
J402815;
THENCE South 00' 02' 11" West, along the east line of said subject 10.0026 acres, at 230.78 feet
pass a "PK" nail in a concrete driveway found for the common west corner of said 0.9591 acre tract
and a 0.4303 acre tract, H.C.C.F. No. J402815 and continuing, in all a total distance of 500.35 feet
to a 5/8-inch iron rod found for a common comer with the subject 10.0026 acre tract and a 0.5411
acre tract, H.C.C.F. No. J402815, same point also being in the north line of Crescent Shores
Subdivision as recorded in Volume 8, Page 58 H.C.M.R.;
Page 1 of 2
THENCE North 88' 28' 35" West, along the common line between said subject 10.0026 acres tract
and said Crescent Shores Subdivision, a distance of 97.12 feet to a point for comer, as described in
that certain Boundary Line Agreement recorded under H.C:C.F. No. 1407171;
THENCE North 69- 37'.05':,West, departing the.north line of said. Crescent Shores Subdivision, a
distance. of 48.67 feet to a point for corner.
THENCE South 04' 16' 25" West, a distance of 15.75 feet to a point in the north line of said
Crescent Shores Subdivision;
THENCE North 88' 28' 35" West, along the north line of said. Crescent ,Shores Subdivision, a
distance of 540.98 feet to a 3/4-inch iron rod av/cap set for corner;
THENCE North 00- 02' 11" East, departing the north line of said Crescent Shores Subdivision and
along the east line of that certain tract called Reserve "A", a distance of 235.64 feet to a 3/4-inch iron
rod w/cap set for comer;
THENCE North 89' 57' 49" West, along the north line of said Reserve "A", a distance of 108.96 feet
to a 3/4-inch iron rod w/cap set for comer in the west line of that certain East 40 feet of Park Avenue,
as vacated and abandoned by the City of LaPorte;
THENCE North 00' 02' 11" East, along the west line of said East 40 feet of Park Avenue, as vacated
and abandoned by the City of LaPorte, a distance of 431.67 feet to the POINT OF BEGINNING and
containing 10.0026 acres of land, more or less.
This Real Property Description is based upon a land title survey conducted under the direction of T.
Trigg Lupher, Registered Professional Land Surveyor, Texas Registration No. 4752 in January of
2001.
Page 2 of 2
EXHIBIT "H"
Plans and Specifications for the NCP Improvements
H-1
HOU:2426924.5
EXHIBIT "H"
J & S Contractors, inc.
P.O. Box 4003
Brazoria, Texas 77422
979-265-1810 fax 979-265-0883
Specifications for Timber Bulkhead
Typical installation intended for use on coastal bays and inland waterways.
Materials: Piling and Lumber will be southern yellow pine, number 2 grade or
better, treated as per plans. Typically all material subject to saltwater immersion
will be 2.5 lb/cubic foot CCA, balance will be .6 lb/cubic foot CCA. Alternate
grades and treatment available on request. Field treatment of cut piling and
lumber will be one liberal coat of "Coppertox" or equal.
Hardware will be hot dip galvanized. Sizes and location as per plans. Bolts will
be minimum A307, alternate grades and finishes are available on request. Field
treatment of galvanized finishes will be one coat of "ZRC" or equal.
Filter cloth will be woven or non woven to meet drainage requirement and soil
conditions.
Installation: Piling will be installed as shown on plans, predrilling may be used.
Pile tops will be trimmed and field treated.
Waler s as shown on the plans, will be fastened to piling with nails and or bolts.
Drilled holes will be 1/16"-1/8" larger than bolts, all bolts will be installed with flat
washers and drawn up tight.
Wall Sheets will be installed as shown on the plans, excavation may be used to
assist installation in difficult soil conditions. All excavated materials will be
reinstalled and compacted with excavating equipment. Wall sheets will be
fastened to waler with nails and or bolts. Sheets will be trimmed and field
treated.
Filter Cloth will be as specified and installed as per plans. Care will be taken to
ensure that all seams are overlapped, all tears and cuts will be repaired with
overlapping patches.
Deadmen to be installed as per the plans.
Tie Rods to be length and size as per the plans, welding to bolts or splices may
be utilized. All damaged galvanizing will be cleaned, primed with "ZRC" or equal
and finished with a "coal tar" type paint. Washers will be used on both ends of
each tie rod.
Back Fill will be placed to bring grade to level shown on plans. Care will be taken
to not damage tie rods, deadman system, filter cloth or wall. Material will be
placed in lifts which allow for compaction to eliminate excessive future
settlement. Fill will be graded to promote drainage. If sod is required fill should
be watered and allowed to weather 1 to 2 weeks, recompacted and filled as
necessary before installation of sod.
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CONSTRUCTION SPECIFICATIONS
Backfill and Rip -Rap
BACKFILL - backfill material shall be of reasonably clean soil,
free of any contamination that Is regulated by Local, State
and Federal Agencies, compacted in 8"-12" lifts to a density
matching the existing soil. The moisture content shall be
sufficient to achieve the desired compaction.
The top 12" shall be free of debris and shall be of a topsoil
material conducive to plant growth. Upon completion of
the final lift the entire backfilled area shall be prepared for
planting, the area shall be graded smooth and then tilled to
a depth of 2"- 3".
RIP -RAP- shall be concrete and free of exposed re -bar,
exposed re -bar shall be cut and removed from the site. Rip
- Rap shall be semi -round in shape with aminimum
diameter of 12". If rip -rap is of various sizes, the rip -rap
shall be placed in layers beginning with the smallest for the
base and graduating in size as each layer is placed. The
rip -rap material shall be free of asphalt. The placement
shall be conducted in such a manner as not to disturb the
wetland grasses as shown on the plans.
EXHIBIT "I"
Form of Intention to Abandon Resolution
I-1
RESOLUTION NO.2005-
A RESOLUTION ESTABLISHING THE POLICY OF THE CITY COUNCIL OF THE CITY
OF LA PORTE CONCERNING AN ORDINANCE VACATING, ABANDONING AND
CLOSING A PORTION OF THE SOUTH "R" STREET RIGHT-OF-WAY BETWEEN
BLOCKS 1218 AND ,1255, .TOWN ,OF LA .PORTE, HARRIS COUNTY, TEXAS; AN
ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF THE PARK
AVENUE RIGHT-OF-WAY; AND AN ORDINANCE VACATING, ABANDONING AND
CLOSING'THE ALLEYS IN BLOCKS 1218 AND 1255, TOWN OF LA PORTE, HARRIS
COUNTY, TEXAS; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND
PROVIDING AN EFFECTIVE -DATE HEREOF.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. C. Berdon Lawrence, et.al., have filed and intend to file applications
with the City of La Porte for the vacating, abandoning and closing of a portion of the
South "R" Street right-of-way between Blocks 1218 and 1255, Town of La Porte, Hams
County, Texas, as more particularly described in a draft ordinance attached hereto as
Exhibit "A", incorporated by reference herein, and made a part hereof for all purposes; for
the vacating, abandoning and closing of a portion the Park Avenue right-of-way, as more
particularly described in a draft ordinance attached hereto as Exhibit "B", incorporated by
reference herein, and made a part hereof for all purposes; and for the vacating,
abandoning and closing of the alleys in Blocks 1218 and 1255, Town of La Porte, Hams
County, Texas, as more particularly described in a draft ordinance attached hereto as
Exhibit "C", incorporated by reference herein, and made a part hereof for all purpose.
Section 2. The City Council of the City of La Porte by the passage of this
Resolution expresses its policy and the sense of the City Council, that ordinances in
substantially the form attached hereto as Exhibit "A", Exhibit "B", and Exhibit "C",
incorporated by reference herein, and made a part hereof for all purposes, shall be
passed and approved by the City Council of the City of La Porte upon compliance by the
applicant with all the requirements of Chapter 21, Article III, of the Code of Ordinances of
the City of La Porte for the vacating, abandoning, and closing of alleys and street rights -
of -way within the City of La Porte.
Section 3. The City Council officiallyfinds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was:posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as ,required by the Open Meetings Law,
Chapter 651, Texas Government Code; and that this -meeting has been open to the public
as required by law at all times during which this resolution and the subject matter thereof
has been discussed, considered and formally acted upon. The City Council further
rates, approves and confirms such written notice and the contents and posting thereof.
Section 4. This Resolution shall be effective from and after its passage and
approval, and it is so ordered.
PASSED AND APPROVED, this 261" day of September, 2005.
ATTEST:
Martha A. Gillett
City Secretary
APPROVE*�D:: /
ez
L -
Knox W. Askins
City Attorney
By:
CITY OF LA PORTE
Alton E. Porter
Mayor
2
Exhibit A
ORDINANCE NO.2005-
AN ORDINANCE VACATING, ABANDONING AND CLOSING THE ALLEYS
IN BLOCKS 1218 & 1255, TOWN OF LA PORTE, HARRIS COUNTY, TEXAS;
FINDING COMPLIANCE. WITH THE OPEN. MEETINGS LAW; AND
PROVIDING AN EFFECTIVE DATE HEREOF.
1. WHEREAS, the City Council. of the City.of La Porte has been requested by the
record ownec.of all of the property abutting the hereinafter described alleys in Blocks
;;1218 & .:1255,. Towniof La- Porte,. Harris County, Texas; to vacate, abandon, and
.permanently close the hereinafter described alleys in Blocks 1218 & 1255, Town of La:
Porte, Hams County, Texas; and
WHEREAS, the City Council of the City of La Porte has determined and does
hereby find, determine, and declare that the hereinafter described alleys of Blocks 1218
& 1255, Town of La Porte, Hams County, Texas, is not suitable, needed, or beneficial to
the public as a public road, street, or alley, and the closing of hereinafter described alleys
of Blocks 1218 & 1255, Town of La Porte, Hams County, Texas, is for the protection of
the public and for the public interest and benefit, and that the hereinafter described alleys
of Blocks 1218 & 1255, Town of La Porte, Harris County, Texas, should be vacated,
abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Under and by virtue of the power granted to the City of La Porte under its
home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the
hereinafter described alleys of Blocks 1218 & 1255, Town of La Porte, Harris County,
Ordinance No. 2005 2
Texas, is�hereby permanently vacated; abandoned, and closed by the City of LaPorte, to
wit:
The entire alley of Block 121.8, Town of La Porte,:Harris County, Texas.. Said alley
being situated between Lots 1 through 16 and Lots 17 through 32 of said block, and.
containing six thousand four hundred (6,400) square feet as generally illustrated on
Exhibit "A" attached hereto and made part of herein.
The entire alley of Block 1255, Town of La Porte, Harris County, Texas. Said alley
being situated between Lots 1 through 16 and Lots 17 through 32 of said block, and
containing six thousand four hundred (6,400) square feet as generally illustrated on
Exhibit"A" attached hereto and made part ,of .herein.
Section 2. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the public
as required by law at all times during which this ordinance and the subject matter thereof
has been discussed, considered, and formally acted upon. The City Council further
ratifies, approves, and confirms such written notice and the contents and posting thereof.
Ordinance No. 2005
PASSED AND APPROVED, THIS DAY OF 92005
m
ATTEST:
Martha Gillett, City Secretary
APPROVED:
Knox W. Askins, City Attorney
CITY OF LA PORTE
Alton E. Porter, Mayor
Ordinance No. 2005
0
EXHIBIT "All
LITTLE CEDAR BAYOU
(PARKLAND)
PROPOSED CLOSING OF
ALLEY - BLOCK 1218
1
ELOCK1218
FORMER MSTABAYWOOD SITE
it
SLOCK1255
--tEDGEWOCID
_T
L_-CRIES 0T- Re
PROPOSED CLOSING OF
ALLEY - BLOCK 1255
GALVESTON
BAY
ml
Exhibit B
ORDINANCE NO. 2005-
AN ORDINANCE VACATING, ABANDONING AND.CLOSING A PORTION OF THE
PARK AVENUE RIGHT-OF-WAY; .FINDING COMPLIANCE WITH, THE. OPEN
MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the record
owner of all of the property abutting the hereinafter described portion of the Park Avenue Right -
of -Way to vacate,. abandon, and permanently close the hereinafter described portion of the Park
Avenue Right -of -Way, and
WHEREAS, the City Council of the City of La Porte has determined and does hereby
find, determine, and declare that the hereinafter described portion of the Park Avenue Right -of -
Way is not suitable, needed, or beneficial to the public as a public road, street, or alley, and the
closing of hereinafter described portion of the Park Avenue Right -of -Way is for the protection of
the public and for the public interest and benefit, and that the hereinafter described portion of the
Park Avenue Right -of -Way should be vacated, abandoned, and permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section L. Under and by virtue of the power granted to the City of La Porte under its home
rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the hereinafter
described portion of the Park Avenue Right -of -Way is hereby permanently vacated, abandoned,
and closed by the City of La Porte, to wit:
Beginning at the southeast corner of Block 1255, Town of La Porte, Harris County, Texas;
said point being located in the west right-of-way line of the Park Avenue Right -of -Way
Ordinance No. 2005-
(according to the plat of the :Town of LaPorte recorded in Vol..620,•Pg. 115 of the Map
Records of Harris County, Texas) and the north right-of-way line of Crescent Shores Blvd.;
Thence in a northerly direction along the west right -of -line of Park Avenue and east lines
of Block 1255 and Block 1218, Town of La Porte, Harris County, Texas, to the northeast
corner of said Block 1218, said point.being in the south right-of-way line of the South "Q"
Street Right -of -Way;
Thence.in an easterly direction; across said Park Avenue right-of-way along the projected
south right-of-way. line of South "Q" Street, to a point in the west line of a 0.511 acre tract,
said tract being a. vacated 40' strip of the Park Avenue Right -of -Way closed by Harris
County Commissioner's Court (Re: Vol. 68, Pg. 7, 8/26/68);
Thencein a southerly direction along the west line of the aforementioned 0.511 acre tract
passing a point in the southwest corner of said 0.511 acre tract, said point also being the
northwest corner of a 0.606 acre tract, said tract being a vacated 40' strip of the Park
Avenue Right -of -Way vacated by the City of La Porte (Re: Ordinance No. 892, 9/27/71) to
a point marking the southwest corner of the aforementioned 0.606 acre tract;
Thence in an easterly direction to a point intersecting the west line of the Crescent Shores
Subdivision;
Thence in a southerly direction along the west line of the Crescent Shores Subdivision to its
intersection with the projected south line of said Block 1255;
Thence in a westerly direction across said Park Avenue Right -of -Way to the southeast
corner of said Block 1255 and Point of Beginning.
Section 2. As a condition of passage and approval of this ordinance, the City of La Porte
hereby retains a sixty (60) foot, wide drainage easement, on, over and across the westemmost
sixty (60) feet of the abandoned Park Avenue Right -of -Way described in Section 1 hereof. The
City of La Porte, for itself, its successors and assigns, shall have the perpetual right, privilege and
easement, with appropriate rights of ingress and egress and reasonable working area for
construction and maintenance, to enter upon and construct, reconstruct, maintain, operate,
inspect, replace, repair and remove storm water drainage facilities, together with all necessary
improvements under and across said abandoned Park Avenue right-of-way, as described herein.
In the event that substantial improvements (excluding routine maintenance) are made to the
Ordinance No ,2005-
existing drainage channel by the City of La Porte or its authorized agent; it is hereby agreed that
said drainage channel will be realigned so as to be located wholly within said sixty (60) foot
wide drainage easement and the City.of La.Porte.will subsequently release any prescriptive rights
to that portion of said.existing drainage channel currently located.on adjacent private property.
In connection with the construction and installation of any such storm water drainage facility
with the drainage easement, the City of La Porte will cause the existing paving within the
premises affected by the easement to be restored or replaced so that there. continues to be
reasonably equivalent access over and across the premises affected by the -drainage easement.
Section 3. No building, awning, overhang, paving (except for existing paving within the
easement, and replacement and restoration thereof), landscaping or other structure may be placed
on, over, or across the public utility easement described in Section 2 of this ordinance. Provided,
however, nothing in this paragraph shall prevent the right of the owner of said property to
otherwise use the surface of said public utility easements so long as such use is not inconsistent
with the rights of the City of La Porte as described in Section 2 of this ordinance.
Section 4. The public utility easements retained in Section 2 and the provisions and
restrictions contained in Sections 2 and 3 of this ordinance may be redefined by mutual
agreement between the property and the City of La Porte.
Section 5. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of this meeting of the City Council
was posted at a place convenient to the public at the City Hall of the City for the time required by
Ordinance No. 2005-
4
law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas
Government Code; and that this meeting has been open to the..public as required by law at all
times during which this ordinance and the subject matter thereof has been discussed, considered.
and formally acted upon. The City Council, further ratifies; approves, and confirms such written
notice and the contents and posting thereof. .
PASSED AND APPROVED, THIS DAY OF , 2005.
M
001:11*6
Martha Gillett, City Secretary
APPROVED:
Knox W. Askins, City Attorney
CITY OF LA PORTE
Alton E. Porter, Mayor
Ordinance No. 2005-
5
!U
EXHIBIT "A"-\ m'T
LITTLE CEDAR BAYOU
(PARK LAND)
PROPOSED.CLOSING
ORPARKAVENUE
j FORMER VISTASAYW00D SITE
R
FECK -
EDGEWOOD
-- HOR D'
I
HOWALO
i
GALVESTON
BAY
Exhibit C
ORDINANCE NO.2005-
AN ORDINANCE VACATING, ABANDONING AND CLOSING A PORTION OF
THE SOUTH "R" STREET RIGHT-OF-WAY BETWEEN BLOCKS 1218 & 1255,
TOWN OF LA PORTE, HARRIS COUNTY, TEXAS; FINDING COMPLIANCE
WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
WHEREAS, the City Council of the City of La Porte has been requested by the
record owner of all of the property abutting the hereinafter described South "R" Street
Right -of -Way to vacate, abandon, and permanently close the hereinafter described South
"R" Street Right -of -Way, and
WHEREAS, the City Council of the City of La Porte has determined and does
hereby find, determine, and declare that the hereinafter described South "R" Street Right -
of -Way is not suitable, needed, or beneficial to the public as a public road, street, or alley,
and the closing of hereinafter described South "R" Street Right -of -Way is for the
protection of the public and for the public interest and benefit, and that the hereinafter
described South "R" Street Right -of -Way should be vacated, abandoned, and
permanently closed.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Under and by virtue of the power granted to the City of La Porte under its
home rule charter and Chapter 253, Section 253.001, Texas Local Government Code, the
hereinafter described South "R" Street Right -of -Way is hereby permanently vacated,
abandoned, and closed by the City of La Porte, to wit:
Ordinance No. 2005-
That portion of the South "R" Street Right -of -Way situated between Blocks 1218
and 1255, Town of LaPorte, Harris County, Texas, together with any portion of
said Right -of -Way that intersects and traverses across the Park Avenue Right -of- .
Way. Said right-of-way being eighty (80) feet in width and containing twenty
thousand eight hundred eighty (20,880) square feet .as generally illustrated in
Exhibit "A" attached hereto and'Made'part of berein.�:
Section 2. As a, condition of passage and approval of this ordinance, the City of La
Porte hereby retains a waterlWe easement. across this portion of the South "R" Street
right-of-way, which waterline easement shall be ten (10) feet in width and lies five (5)
feet on either. side of the centerline of the existing six (6) inch diameter waterline in the
right-of-way. The City of La Porte, for itself, its successors and assigns, shall have the
perpetual right, privilege and easement, with appropriate rights of ingress and egress and
reasonable working area for construction and maintenance, to enter upon and construct,
reconstruct, maintain, operate, inspect, replace, repair and remove said waterline, together
with all necessary improvements under and across said abandoned South "R" Street right-
of-way, as described herein. Additionally, the City of La Porte hereby establishes a
minimum setback requirement of forty (40) feet from the east right-of-way line of South
Broadway for any gated structures erected across the abandoned South "R" Street Right -
of -Way.
Section 3. The City of La Porte will at all times, after doing any work in connection
With the construction, reconstruction, maintenance, operation, inspection, replacement,
repair or removal of said waterline, restore the premises, including paving, affected by such
easement to the condition in which same were found before such work was undertaken.
The owner of the premises affected by such easement shall have the right to use and enjoy
Ordinance No. 2005- 3
the premises for any purposes except insofar as such use and enjoyment unreasonably
interferes with the rights granted to the City of La Porte hereunder.
Section 4.. Reference is here made to the fact that the City of La Porte currently uses the
portion of South "R" Street Right -Of -Way that is being abandoned hereby for the purpose of
ingress and egress to a lift station site more particularly described in an instrument recorded
under County Clerk's File No. D570819 of -the Official Public Records of Real Property of
Harris County, Texas and for ingress and egress to a sewer line more particularly described
in an instrument recorded under County Clerk's File No. D570818 of the Official Public
Records of Real Property of Hams County, Texas. Additionally, the City of La Porte
utilizes a twenty (20) foot wide ingress -egress easement more particularly described in an
instrument recorded under County Clerk's File No. D480689 for access to a waterline, more
particularly described in an instrument recorded under County Clerk's File No. D570817 of
the Official Public Records of Real Property of Hams County, Texas; The City of La Porte
reserves the right to continue to use such portion of the South "R" Street Right -of -Way and
twenty (20) foot wide ingress -egress easement for the purpose of ingress and egress to such
lift station site; such waterline; and such sewer line. The City of La Porte will at all times,
after doing any work in connection with the construction, reconstruction or repair of said
water line, restore said premises, including paving, to the condition in which same were,
found before such work was undertaken, and that in the use of said rights and privileges
herein granted the City of La Porte will not create a nuisance or do any act that will be
detrimental to said premises. The owner of the property affected by such portion of the
South "R" Street Right -Of -Way shall have the right, from time to time, to relocate such
Ordinance No. 2005- 4
access area so long as such relocated.access`area provides mutually agreeable access to such
lift station site; waterline;.and sewer line. In the event of the relocation of such access area,
the'City of LaPorte and such owner shall execute -an instrument in recordable form which
refers to this Ordinance and defines the relocated area for such access right. If the access
area is gated or access thereto is otherwise restricted by the owner of the property affected
by such access right, such owner shall arrange for personnel of the City of La Porte to have
a key, card; or other device to permit entry onto the access area for the purpose of ingress
and egress to such lift station site; waterline; and sewer line. At such time that the lift
station; waterline; or sewer line ceases to operate, the access right to the faciliiy which has
ceased to operate shall terminate and, upon request, the City of La Porte shall execute an
instrument in recordable form evidencing the termination thereof.
Section 5. No building, awning, overhang, paving (except for existing pavement
within the easement, and replacement and restoration thereof), landscaping or other
structure may be placed on, over, or across the public utility easement described in
Section 2 of this ordinance. Provided, however, nothing in this paragraph shall prevent
the right of the owner of said property to otherwise use the surface of said public utility
easements so long as such use is not inconsistent with the rights of the City of La Porte as
described in Section 2 of this ordinance.
Section 6. The public utility easements retained in Section 2 and the provisions and
restrictions contained in Sections 2 and 3 of this ordinance may be redefined by mutual
agreement between the property and the City of La Porte.
Ordinance No: 2005- 5
Section 7. The City Council officially finds, determines, recites, and declares that a
sufficient written notice of the date, hour, place, and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law preceding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting'has been' open to the public
as required by law at all times during,which t1fis ordinance and the subject matter thereof
has been discussed, considered, and formally acted upon. The City Council further
ratifies, approves, and confirms such written notice and the contents and posting thereof.
PASSED AND APPROVED, THIS DAY OF , 2005.
0
ATTEST:
Martha Gillett, City Secretary
APPROVED:
Knox W. Askins, City Attorney
CITY OF LA PORTE
E. Porter, Mayor
Ordinance No. 2005-
R
EXHIBIT "A"
j PROPOSED CLOSING
OF SOUTH " R" ST
.. .. _ .... . _' ` LITTLE CEDAR BAYOU .
(PARK LAND)
FORMER VISTABAYWOOD SITE
R
BLOCK 1255 -
�. EDGEW000 =
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CRESCENT SHORE N�
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