HomeMy WebLinkAbout4 Bee CreekJud~ Downs -Re: Bee Creek and TriOutal)' ts
From:
To:
Date:
Subject:
"Cale Wenmohs" <cwenmohs@bergoliver.com>
"Brett Mccully" <BMCCULL Y@ci.college-station .tx.us>
2/12/01 2:17PM
Re: Bee Creek and Tributary B
There is not a list of OK's. The mowing and weed control is expected to
maintain the integrity of the area. If the city plans on constructing a
hike/bike trail along the project area then approximate plans need to be
included , as well as stating that mowing and weed/invasion plant control
will also be included. All they are looking to do with this deed
restriction is to keep the City from going in and bull dozing the area and
destroying the plantings (i.e. trees and grass plantings). Maintaining the
area as a park or nature area is fine and ok with the COE.
I hope this helps.
Cale
-----Original Message --
From: "Brett Mccully" <BMCCULL Y@ci.college-station.tx.us>
To: <cwenmohs@bergoliver.com>
Sent: Monday, February 12, 2001 1 :50 PM
Subject: Re: Bee Creek and Tributary B
Cale.,
I have the fax, but I do not have infonnation on what "USACE approved
activities" are. The channel area will be subject to mowing twice yearly as
well as some chemical spraying for week control. Is this allowed? Can we
get a list of OK activities?
Brett
>>> "Cale Wenmohs" <cwenmohs@bergoliver.com> 02/09/01 04:01 PM >>>
I have my package of ihfonnation put together ready to go to the COE. I was
wondering how the deed restriction contract was coming along? I assume you
received my fax of the example that I sent to you awhile back.
Thanks
Cale Wenmohs
16:22 281 5890007 BERG OLI VER ASSO C PAGE 03
,, , • •. · -·-•r-.,,., ~C ··."''.l ,,_/J. I ...... ,, t:.~· .... 1,.,:j..f . "/ ~
NOTICE Of RESTRIQIION
STATE OF TEXAS }
KNOW ALL MEN BY THE.SE PRESENTS THAT :
COUNTY OF . __ }
-----is the owner of that real property more particularly described in Exhibit "A"
(hereinafter the "Property'') and shown on the map in Exhibit "B" both attached hereto and made
a part hereof. The Property is subject to special conditions of U. S. Anny Corps of Eneineers
(USACE) Section 404 Permit Number-• dated _, or a revision thereof. One of the special
conditions of the referenced permit requires restrictions be placed on the deed for the Property
for the purpose of pi:oviding compensation for adverse impacts to waters of the United States .
Any purchaser of all or any pan of the Property or any person having an incerest in or proposing
to acquire an interest in all of part of the property~ or any person proposing to develop or improve
all or any part of the Propeny, is hereby notified that development restrictions affecting the
Property are as follows :
.-
1) The Propeny. or a port i r.:-1 :-f the Property, is he~by dedicated in perpetuity as _
_ {insert "a wetland mitig~tion area" amVor other mitigation area description}
~iatcd with the cons~ction of . The Property shall not be disturbed
except by those USACE-approved activities that would not adversely affect the
intended extent, condition, and function of the mitigation area. Disturbance of the
dedicated propeny may require Department of the Anny authorization .
2) This restriction shall not be removed or revised without obtaining a modification of
the aforementioned USACE authorization and/or prior written approval of the
USACE . Permit modifications may be granted only by the USACE.
I
This notice of restriction doc s oot grant any property rights or exclusive privileges.
EXECUTED THIS _day of · • 199
BY : ____ _
SUBSCRIBED AND SWORN TO BEFORE ME by • on this the _ day
of , 199_, to certify which witI1fss my hand and seal of office .
Notary Public in and for the State of Texas
My commission expires : Printed Name of Notary:
~age 1 of4
··Bee Creek Demonstration
,Project
2/05/2001