dallas county commissioners court briefing agenda · 2013-04-30 · strategic plan compliance...

4/30/2013

1

DALLAS COUNTY COMMISSIONERS COURT BRIEFING AGENDA

April 30, 2013

REPORTS/RECOMMENDATIONS/REQUESTS PAGE NOS. 1. North Texas Tollway Authority ............................................................... Presentation 2. HEALTH & HUMAN SERVICES

a) West Nile Virus Update ..................................................................... Presentation

b) FY 2013 Ryan White HIV/AIDS Treatment Extension Act of 2009 Part A Formula Contract Awards ................................................................. 5-8

(COURT ORDER ON FORMAL AGENDA)

c) FY 2013 Ryan White HIV/AIDS Treatment Extension Act of 2009 Part A Minority AIDS Initiative Contract Awards ................................... 9-12


3. INFORMATION TECHNOLOGY Network Security ....................................................................................................... 13-14

4. PUBLIC WORKS

a) Pleasant Run Road – Overpass Project

MCIP 31401 (TxDOT CSJ: 0918-45-844) East of Sunrise Road to West of IH-45 Union Pacific Railroad Company’s Bill of Sale ....................................... 15-19


b) Pleasant Run Road – Overpass Project MCIP 31401 (TxDOT CSJ: 0918-45-844) East of Sunrise Road to West of IH-45 Oncor Relocation Agreement .................................................................... 20-42


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c) Brookhaven Trail Connection with Town of Addison MCIP 17701

First Amendment to Executed Project Supplemental Agreement (Court Order No. 2010-1854, dated November 2, 2010) ........................... 43-66

d) Regional Toll Revenue (RTR) Advance Funding Agreement Between Dallas County and State of Texas (For Cockrell Hill

Road MCIP Project 42301 from North of Moler Street to Davis Street) .................. 67-78

e) Brookhaven Trail Connection with City of Farmers Branch MCIP 17701 Project Specific Agreement with City of Farmers Branch .................. 79-115

f) Interlocal Agreement Between Dallas County and Dallas County

Community College District on Behalf of Brookhaven College (For the Design and Construction of a Pedestrian Bridge and a Multimodal Pathway from Valley View Lane to the Vitruvian Park

Development) .............................................................................................. 116-173

5. PURCHASING RFQ No. 2013-020-6244 Preparation of an Availability and

Disparity Study Dallas County, Texas Vendor Susceptible for Award ................................................................ Handout

6. PLANNING & DEVELOPMENT

Proposed Improvements for Goat Island Preserve .......................................... 174-177

7. BUDGET

Conference/Travel/Training Requests .............................................................. 178-182

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8. INFORMATION ....................................................................................................... N/A

Jail Population Report

Office of Budget & Evaluation: Reserve Balance Report–April 24, 2013 Parkland Lease Modification – Amelia Court HIV Clinic

Purchasing: Surplus Auction Annual Contract Extensions:

Bid No. 2011-059-5524, Annual Contract for the Rental of Cargo Vans, Medium and Heavy Duty Specialty Trucks and Vehicles

Bid No. 2012-056-5985, Annual Contract with Chevrolet and General Motors Dealership(s) to Provide Original Equipment Manufacturer Parts and Repair Services

Annual Contract Data Information:

Annual Contract for All Risk Building and Content Property Insurance Coverage

Annual Contract for Workers Compensation Insurance for the Sheriff’s Courtesy Patrol Division

Health & Human Services-HHS Updates

9. Miscellaneous, Miscellaneous Equipment, and Telecommunications Requests ......................................................................... 183-187 10. PUBLIC COMMENTS Speakers ...................................................................................................................... N/A

4/30/2013

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DATES TO REMEMBER

Memorial Day, Observed – Monday, May 27, 2013

Parkland Budget Hearings (11:00 a.m.): June 11, 2013 July 2, 2013

August 6, 2013 September 3, 2013

No Commissioners Court Meetings: July 16, 2013 July 23, 2013 July 30, 2013

Dallas County Health and Human Services Grants Management

Zachary Thompson Director

TO: COMMISSIONERS COURT

5

FROM: ZACHARY THOMPSON, DIRECTOR

DATE: APRIL 30, 2013

131\PR 22 PM 2: 36

SUBJECT: JUSTIFICATION FOR SAME DAY BRIEFING AND COURT ORDER

Due to the timeframes associated with the contract and Dallas County Commissioner's Court schedule, there is a need for a same day briefing and court order. The same day briefing and court order will enable DCHHS to quickly reimburse subcontractors for medical and support services rendered.

Attachments c: Darryl Martin, Court Administrator

Virginia Porter, County Auditor

2377 N. Stemmons Freeway Dallas, Texas 75207-2710

Suite 200, LB-16 Office (214) 819-1849 FAX (214) 819-6023

6 DALLAS COUNTY HEALTH AND HUMAN SERVICES GRANTS MANAGEMENT





SUBJECT: FY 2013 RYAN WHITE mY/AIDS TREATMENT EXTENSION ACT OF 2009 PART A FORMULA CONTRACT AWARDS

Court Order on Formal Agenda

Background ofIssue The Dallas County Judge is the grantee and legal recipient of the Ryan White mY/AIDS Treatment Extension Act of2009 (TEA) Part A Formula grant for the Dallas Eligible Metropolitan Area (EMA). This grant is administered by the United States Department of Health and Human Services, Health Resources and Services Administration (HRSA). Dallas County Health and Human Services (DCHHS) is designated to serve as the Administrative Agency for TEA grant funds for the EMA. DCHHS is responsible for completing the grant application, managing the sub-recipient award process, tracking the expenditure of funds by service providers throughout the contract period and making recommendations, when appropriate, to reallocate funds. In accordance with the provisions of the TEA, the grantee appoints members to serve on the Dallas EMA Ryan White Planning Council (RWPC). The RWPC is charged with the responsibility of establishing priorities for the allocation of TEA funds and determining allocation of funds by service category.

A comprehensive budget was approved by Commissioners Court on April 9, 2013. Of the $4,260,267 allocated to service providers, contracts and budgets in the amount of$187, 791 are being submitted for approval under this briefing. The remaining unobligated funds will be briefed and court ordered at a future date.

Fiscal Impact There is no fiscal impact to Dallas County.

Operational Impact Administrative Agency staff will coordinate and monitor the programmatic and fiscal accountability of the subcontractors in accordance with the responsibilities assigned to them by the Dallas County Commissioners Court.

Legal Impact The Dallas County Commissioners Court must approve the award recommendations and authorize the County Judge to sign the contracts on behalf of Dallas County.

Strategic Plan Compliance Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. DCHHS is the designated Administrative Agency for the Ryan White Treatment Extension Act of2009 Part A grant. The FY 2013 Ryan White Part A Formula grant directly supports a regional indigent medical and mental healthcare network for those impacted by mY/AIDS.

Commissioners COllrt Page 2

Recommendation

7

It is recommended that the Dallas County Commissioners Court approve the award ofFY 20 13 Ryan White Part A Formula grant funds, in the amount of $187,791, to service providers as reflected in Attachment A, and authorize the County Judge to sign the contracts with the specific service providers on behalf of Dallas County_

Attachment c: Darryl Martin, Court Administrator


8

FY2013 ~ 2014 RYAN WHITE PART A FORMULA AWARD

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AIDS An",

IAIDS

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. 2013 - 2014 RVAN WHITE PART A F<

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Dallas County Health and Human Services Grants Management



9



SUBJECT: JUSTIFICATION FOR SAME DAY BRIEFING AND COURT ORDER

Due to the timeframes associated with the contract and Dallas County Commissioner's Court schedule, there is a need for a same day briefing and court order. The same day briefing and court order will enable DCHHS to quickly reimburse subcontractors for medical and support services rendered.

Attaclunents c: Darryl Martin, Court Administrator


2377 N. Stemmans Freeway Dallas, Texas 75207-2710

Suite 200, LB-16 Office (214) 819-1849 FAX (214) 819-6023

DALLAS COUNTY 1 0

HEALTH AND HUMAN SERVICES GRANTS MANAGEMENT





SUBJECT: FY 2013 RYAN WHITE HIV/AIDS TREATMENT EXTENSION ACT OF 2009 PART A-MINORITY AIDS INITIATIVE CONTRACT AWARDS

Court Order on Formal Agenda

Background ofIssue The Dallas County Judge is the grantee and legal recipient of the Ryan White HIV/AIDS Treatment Extension Act of 2009 (TEA) Part A-Minority AIDS Initiative (MAl) grant for the Dallas Eligible Metropolitan Area (EMA). This grant is administered by the United States Department of Health and Human Services, Health Resources and Services Administration (HRSA). Dallas County Health and Human Services (DCHHS) is designated to serve as the Administrative Agency for TEA grant funds for the EMA. DCHHS is responsible for completing the grant application, managing the subrecipient award process, tracking the expenditure of funds by service providers throughout the contract period and making recommendations, when appropriate, to reallocate funds. In accordance with the provisions of the TEA, the grantee appoints members to serve on the Dallas EMA Ryan White Planning Council (RWPC). The RWPC is charged with the responsibility of establishing priorities for the allocation of TEA funds and determining allocation of funds by service category.

A comprehensive budget was approved by Commissioners Court on April 9, 2013. Of the $424,396 of Part A-Minority AIDS Initiative funds allocated to service providers, contracts and budgets in the amount of $45,796 are submitted under this briefing for approval.

Fiscal Impact There is no fiscal impact to Dallas County.

Operational Impact Administrative Agency staff will coordinate and monitor the programmatic and fiscal accountability of the subcontractors in accordance with the responsibilities assigned to them by the Dallas County Commissioners Court.

Legal Impact The Dallas County Commissioners Court must approve the award recommendations and authorize the County Judge to sign the contracts on behalf of Dallas County.

Strategic Plan Compliance Recommendations included in this briefing are consistent with the Dallas County Strategic Plan, Vision 2: Dallas County is a healthy community. DCHHS is the designated Administrative Agency for Ryan White Treatment Extension Act of2009 Part A-Minority AIDS Initiative (MAl) grant. The FY 2013 Ryan White Part A-Minority AIDS Initiative grant directly supports a regional indigent medical and mental healthcare network for those impacted by HIV / AIDS.

Commissioners Court Page 2

Recommendation

1 1

It is recommended that the Dallas County Commissioners Court approve the award ofFY 20 13 Ryan White Part A-Minority AIDS Initiative (MAl) grant funds in the amount of $45,796, to service providers as reflected in Attachment A, and authorize the County Judge to sign the contracts with the specific service providers on behalf of Dallas County.

,4 ,/ _:/,c / # RECOMMENDED BY: --/-77~Af'i:i:;;?; T"-:""~"'ilIu""J!; -"'~'-" ~"'~~"';"''i'''r~'--c-to-r---

Attachment c: Darryl Martin, Court Administrator


1 2

FY 2013 - 2014 MINORITY AIDS INITIA TrVE (MAl) AWARD

Agency Service Category

Anns, Inc.

4/19/2013

ATTACHMENT A

PARTIAL PARTIAL AWARD AWARD

03/01113 - 02/28/14 03/01113

PARTIAL AWARD

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DALLAS COUNTY Gj~hhh,:i;ii.t~~~f!ciufn OFFICE OF INFORMATION TECHNOtOCY" v

nAPR2L, PI; 2:53

April 30, 2013

To: Commissioners Court

Through: Stanley Victrum, Chief Information Officer

From: Randy Guin, IT Enterprise Security Officer

Subject: Network Security

BACKGROUND Dallas County is required to be compliant with both Payment Card Industry (PCI) and Criminal Justice Information System (CnS) standards and to maintain compliance and implement IT Security best practices. In light of that, network architecture changes requiring network segmentation and access management solutions are being developed and implemented. These solutions will also improve Dallas County's network security posture helping to protect against existing security threats (i.e., "Zero-day" attacks, BOTS, Spyware, Data leakage, application cross-infection, etc.) as well as new threats such as Advance persistent Threats (APTs). Palo Alto Data Center Security appliances are currently being implemented to address security and compliance requirements in the Data Center.

RECOMMENDATION The Office ofInformation Technology recommends implementing Palo-Alto Security appliances at network locations outside the data center. The appliances will provide increased security at the network peripheral access management and provide network segmentation as well as align with centralized management strategy. Network segmentation and access management are CJIS and PCI requirements.

IMPACT ON OPERATIONS Implementing the Palo Alto security appliances at remote locations will provide IPS/IDS (Intrusion Prevention/Intrusion Detection System) functionality for each location allowing malicious network traffic and compromised PC's to be detected. Some locations have multiple departments (JP, Tax, Constable, Truancy, etc.); the appliance will enable access control functionality to specific network resources within the location as well as limit access to network resources outside the location.

509 Main St., 6th Floor, Dallas, Texas 75202 Work (214) 653-6649

[email protected] Fax (214) 653-6327

I

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STRATEGIC PLAN COMPLIANCE The approval, purchase and implementation of the requested hardware and software are consistent with Strategy 1.4 of the County's strategic plan: Improve the Customer Experience by implementing Standards of Operation, Innovation and Technology.

LEGAL IMPACT No legal impact.

FINANCIAL IMP ACT One (1) Palo Alto PA-3020 for the District Attorney's network segment and eight (8) Palo Alto P A-500 appliances for the Sheriff's Office remote network sites, including three (3) years maintenance can be purchased through Solid Border (DIR-SDD-1855) for $84,084.00 Funding is available; in the ACMS Prosecutor Implementation Project $31,732.00 (195.0.02093.0.0.92085) and $52,352.00 available in the JAG funds. The cost breakout is noted in the table below:

Item # I 2 3 4 5 6 7

M/WBE None

Description Palo Alto PA-3020 Security Appliance

Threat prevention service ( 3 years) Global Protect License and Gateway (3 vears)

Premium Support (3 years) Palo Alto PA-SOO Security Appliance (8)

Threat Prevention Service (3 years) Premium Su!'!'ort (3 years)

RECOMMENDATION

Cost $10,220.00 $ 5,040.00 $11,415.00 $ 5,057.00 $26,232.00 $12,960.00 $13,160.00

Total $84,084.00

Approve the purchase of one (1) Palo Alto PA-3020 and eight (8) Palo Alto PA-500 security appliances, including three (3) years maintenance, through Solid Border (DIRSDD-1855) for $84,084.00 using the flmding source 195.0.02093.0.0.92085 (ACMS Prosecutor Implementation) for $31,732.00 and JAG funds for $52,352.00.

Recommended by:

St ley Victrum, Chief Information Officer

1 5

13 APII 2l; Pri 2: 00

April 30,2013

MEMORANDUM

TO:

FROM:

FROM:

Commissioners Court

Alberta L. Blair, P.E. ~. Director of Public W 0 s

SAME DAY BRIEFING AND COURT ORDER RATIONALE Pleasant Rnn Road Overpass MCIP Project 31401 (Sunrise Road to IH-4S) Union Pacific Railroad Company - Bill of Sale

The Pleasant Run Road Overpass MCIP Project is scheduled to begin construction in May 2013. As a condition to the dedication of the 263,266 square feet, more or less, of right-of-way needed for the project, Union Pacific has requested that the County execute the attached Bill of Sale for the soils stockpiled in the dedicated right-of-way and/or adjacent property. The 2006 Memorandum of Understanding that included this project and the Wintergreen Road Overpass project was specific that Union Pacific would donate the stockpiled soils for the construction of the embankment of the overpass and roadway.

In order to expedite utility relocations it is necessary to finalize the right-of-way transactions on various critical parcels to ensure that the utility companies will begin their work. To avoid any delay in the construction schedule, staff is requesting same day briefing and court order.

i:F:Cf~

attachments

DALLAS COUNTY PUBLIC WORKS

April 30, 2013

1 6

Dil i',S COUNTY CO 1~>3LJ ns COURT

13 APR 21; PM 2: 00

MEMORANDUM COURT ORDER ON FORMAL AGENDA

TO:

THROUGH:

FROM:

SUBJECT:

Commissioners Court

John Wiley Price, Commissioner, District No.3

Selas Camarillo ~. Assistant Director - Property Division

Pleasant Run Road - Overpass Project MCIP 31401 (TxDOT CSJ: 0918-45-844) East of Sunrise Road to West ofIH-45 Union Pacific Railroad Company's Bill of Sale

BACKGROUND

Related to the ongoing effOIis by the Public Works Department to acquire the needed right-of-way for this project, Union Pacific Railroad Company has agreed to dedicate 263,266 square feet, more or less, of right-of-way needed for this project. UP has requested that the County execute a Bill of Sale, copy attached, for the stockpiled "engineered" soils now located 011 its property. These soils were donated by UP under the 2006 "Memorandum of Understanding Wintergreen Road and Pleasant Run Road Grade Separations", to be used for the construction of the embankment for the bridge section and new roadway alignment.

UP has worked closely with the County to expedite the completion of its ROW dedication(s) including allowing County to record the conveyance ahead of approving this Bill of Sale. The two UP parcels are along the critical path of the project's utility relocations so it is important to finalize all aspects of its ROW transaction and begin utility work and construction.

STRATEGIC PLAN COMPLIANCE

The recommendation included in this briefing is consistent with Vision 4 (Dallas County proactively addresses critical regional issues) of the County's Strategic Plan in addressing improved transportation and mobility, and facilitating infrastructure needed to encourage future economic development.

IMPACT ON OPERATIONS

N/A.

Commissioners Conrt April 30, 2013 Page 2

FINANCIAL IMPACT

1 7

The consideration described in the Bill of Sale and tbe payment of One and no/ I 00 dollars and other valuable consideration has been determined to be adequate compensation for tbe Bill of Sale.

LEGALINFO~ATION

The District Attorney's Office, Civil Division has reviewed and approved the attached Bill of Sale as to content and fonn.

PERFORMANCE MEASURES IMPACT

No impact.

RECOMMENDA nON

The Director of Public Works has reviewed the documents related to this matter and recommends that the Commissioners Court execute the attached Bill of Sale that will enable all utilities to begin relocations of its facilities and avoid significant delays in the delivery of the Pleasant Run Road Overpass Project.

Due to time constraints associated with multi-agency coordination, the Court Order has been placed on today's formal agenda.

APPROVED BY:

Albe laIr, P.E. Director of Public Works

~:cf/SC Pleasant Run ~brief~ UP_Bill of Sale final

Attachment

cc: Teresa G. Snelson, Assistant District Attorney, Chief - Civil Division

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2755-81

BILL OF SALE

UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Seller") for ------ --andlrroonst<termtCfITofOmolJotlar($-l-.tl())-am:I-ut1rervaluabIeconsideratiOlrdues-herebysefl;iransfer-- ----

and deliver to COUNTY OF DALLAS, a political subdivision of the State of Texas ("Buyer"), its successors and assigns, the following described personal property, to wit:

The engineered soils currently stored on the property shown on the print dated August 31, 2012 attached hereto as Exhibit A and made a part hereof.

SELLER, BY THIS INSTRUMENT, MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND FURTHER MAKES NO WARRANTY AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IT BEING UNDERSTOOD THAT THE BUYER IS PURCHASING THE PERSONAL PROPERTY DESCRIBED ABOVE IN AN "AS IS" AND "WHERE IS" CONDITION WITH ALL FAULTS, AND ASSUMES ALL RISKS IN CONNECTION THEREWITH, ACKNOWLEDGING THAT BUYER HAS EXAMINED THE PERSONAL PROPERTY AND KNOWS ITS CONDITION.

IN WITNESS WHEREOF, the Seller and Buyer have each du1y executed this instrument as ofthe __ day of ,2013.

UNION PACIFIC RAILROAD COMPANY, a Delaware corporation

~ftle: ~~ Real Estate

COUNTY OF DALLAS, a political subdivision of the state of Texas

By~ ____________ __ Title:

1l:\data\word\sales tx\da1!as county\275S-81 uprr pleasant run roadlfonns\cOlmtyofdaHasbos[I].doc

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BILL OF SALE AREA···· EY·~:·~:.,] UPRRCO. !l/W OUTLINED .. ·...... ----------

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.,".,'.;;y 81 L L OF SAL E ARE A .'.'.',,,,,'<,., .... = 454.282 S.F. +/-

NOTE: BEFORE YOU BEGiN ANY WORK. SEE AGREEMENT FOR FiBER OPTiC PROViSiONS.

EXHiBiT "A"

UNION PACIFIC RAILROAD COMPANY WiLMER. DALLAS COUNTY. TX M.P. 251.29 - ENNiS SUB.

TO ACCOMPANY AGREEMENT WiTH DALLAS COUNTY. TEXAS

HTC TX V-3 I 6 SCALE: 1" = 400'

OFFiCE OF REAL ESTATE OMAHA. NEBRASKA DATE: 8-31-2012

NLP FiLE: 2755-81

20

13 APR 24 Prj 2: 00

April 30, 2013

MEMORANDUM

TO:

FROM:

FROM:

Commissioners Court

AlbertaL. Blair, P.E. ~ Director of Public Work

SAME DAY BRIEFING AND COURT ORDER RATIONALE Pleasant Run Road Overpass MCIP Project 31401 (Sunrise Road to IH-4S) Oncor Relocation Agreement - supplemental to County's License Agreement and Right-of-Entry

The Pleasant Run Road Overpass MCIP Project is scheduled to begin construction in May 2013. In order to expedite utility relocations it is necessary to obtain sufficient rights-of-entry on various critical parcels to ensure that the utility companies will begin their work. To avoid any delay in the construction schedule, staff is requesting same day briefing and court order.

r.(-CF:Cf/S~

attachments


April 30, 2013

MEMORANDUM

TO: Commissioners Court

21

COURT ORDER ON FORMAL AGENDA

THROUGH: John Wiley Price, Commissioner, District No.3

FROM: Selas Camarillo Assistant Director - Property Division

SUBJECT: Pleasant Run Road - Overpass Project MCIP 31401 (TxDOT CSJ: 0918-45-844) East of Sunrise Road to West ofIH-45 Oncor Relocation Agreement

BACKGROUND

Related to the ongoing efforts by the Public Works Department to acquire the needed right-of-way for this project, License Agreement's for Right-of-Entry Possession and Use were obtained from most of the property owners along the project. Oncor's relocation of its transmission facilities along this project is a critical path item and this work cannot be started or continue into the summer peak demand of the June through September loads for electric providers. Therefore it is imperative that Oncor begin this work as soon as possible to avoid a delay into late 2013.

The Relocation Agreement will provide Oncor Electric Delivery Company, LLC with the assurances needed while the County completes the acquisition of the needed right-of-way and easement on Parcel 6 and 6-E. The owners of Parcel 6 have agreed to a settlement and executed the documents needed to fund and close the acquisition.


The recommendation included in this briefing is consistent with Vision 4 (Dallas County proactively addresses critical regional issues) of the County's Strategic Plan in addressing improved transportation and mobility, and facilitating infrastructure needed to encourage future economic development.

IMPACT ON OPERATIONS

NlA.

Commissioners Court April 30, 2013 Page 2

FINANCIAL IMPACT

22

The consideration of the mutual covenants and agreements described in the Relocation Agreement and the payment of Ten and noll 00 dollars and other good and valuable consideration to be paid have been determined to be adequate compensation for the Relocation Agreement.

LEGAL INFORMATION

The District Attorney's Office, Civil Division has reviewed and approved the attached Relocation Agreement as to content and form.

PERFORMANCE MEASURES IMPACT

No impact.

RECOMMENDATION

The Director of Public Works has reviewed the documents related to this matter and recommends that the Commissioners Court execute the attached Relocation Agreement that will enable Oncor Electric Delivery Company, LLC's Transmission Division to begin relocation of its facilities and avoid significant delays in the delivery of the Pleasant Run Road Overpass Project.

Due to time constraints associated with multi-agency coordination, the Court Order has been placed on today's formal agenda.

APPROVED BY:

Alb~ Director of Public Works

ot"DF:Cf/SC Pleasant Run_brief_ Oncor Jelo _agree final

Attachment

cc: Teresa G. Snelson, Assistant District Attorney, Chief - Civil Division

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

23

RELOCATION AGREEMENT

KNOW ALL BY THESE PRESENTS:

WHEREAS, Dallas County (the "County") is in the process of obtaining ownership to that certain parcel of land located in Dallas County, Texas, more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property"), cUlTently owned by Crete Carrier Corporation, a Nebraska corporation (together with its successors and assigns, "Owner") for the purpose constructing a road and appurtenances thereto (the "Project"); and

WHEREAS, Owner has granted the County a License Agreement for Right of Entry, Possession and Use dated November 16, 2012, a copy of which is attached hereto as Exhibit "B" and made a part hereof (the "Right of Enlry") pursuant to which the County has the right to commence construction oflhe Project on the Property, including but not limited to the relocation of utilities; and

WHEREAS, the County has requested that Oncor Electric Delivery Company LLC ("Oncor") relocate its electric transmission line facilities (the "Facilities") cUlTently located in public tight-of-way to the Property pursuant to the rights granted under the Right of Entry; and

WHEREAS, Oncor has agreed to relocate its Facilities to the Property under the Right of Entry in consideration of the County's agreement to reimburse Oncor for the cost of future relocation of Oncor's Facilities from the Property or to secure easement rights should such subsequent relocation or easement rights be required due to a telTDination of the Right of Entry.

NOW, THEREFORE, for and in consideration of the covenants and conditions herein set forth, Ten and Noll 00 Dollars ($10.00) and other good and valuable consideration set forth herein, the receipt and sufficiency of which are hereby acknowledged and confessed, Oncor and the County agree as follows:

I. Oncor does hereby agree to commence with the relocation of its Facilities from the County's existing public right-of-way to the Property prior to the County's acquisition of fee ownership of the Property pursuant to the rights granted under the Right of Entry.

2. The County understands and acknowledges that the Right of Entry by its telTDS shall ipso facto tenninate on November 16, 2013, if the County does not meet certain requirements set forth in Section 4 of the Right of Entry, and that if the Right of Entry tenninates prior to the County's acquisition of fee ownership of the Property, pursuant to Section 4 thereof or for any other reason, Oncor will be required to either relocate, at its cost and expense, its Facilities from the Property or secure easemellt rights on the Property from Owner in order for the Facilities to remain in place on the Property. In consideration for Oncor's agreement to commence relocation of its Facilities Ollto the Property as is described herein, the County does hereby agree to fully reimburse Oncor for any and all of its costs and expenses associated with said subsequent relocation from the Property or acquisition of easement rights on the Property. The election of whether to relocate the Facilities off of the Property or to acquire easement rights on the Property shall be at the sole discretion of Oncor.

3. This Agreement shall extend to and be binding upon the parties' respective successors and assigns.

1

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EXECUTED, to be effective as of the 26'" day of April, 2013

ONCOR:

Oncor Electric Delivery Company LLC, a Delaware limited liability company

THE STATE OF TEXAS § §

COUNTY OF TARRANT §

ACKNOWLEGEMENT

This instrument was acknowledged before me on fl ,-; \ \9 20 IJby Jill L. Alvarez, Attorney-InFact for Oncor Electric Delivery Company LLC, a elaware lunited habIhty company, on behalf of said limited liability company.

LAURA DE LA PAZ Notary Public. State of Texas

My Commission Expires ,2014

2

25

THE COUNTY:

County of Dallas

By: ______________________________ _

Name: ________________ _

Title: ________________________ _

ACKNOWLEGEMENT

THE STATE OF TEXAS § §

COUNTY OF DALLAS §

This instrument was acknowledged before me on , by _________ -', the _________ ofDaHas County, on behalf of said County.

Notary Public, State of Texas

3

county: Parcel No.: Highway:

Dallas 6

26

EXHIBIT "A"

EXHIBIT A

Parcel 6 Page 1 of 3 Pages

July 31, 2012

Projec t Limi ts : Pleasar,t Run Road t'rom: Sunrise Road To, IH 45 0918-47-080 CSJ:

PROPERTY DESCRIPTION FOR PARCEL 6

BEING 0.380 OF ONE ACRE (16,535 S. L) OF LAND !.IORE OR l,gSS, OUT Of AND A PART OF THE ROBERT SLOAN SURVEy', ABSTRACT NO. 1211 IN DALLAS COUNTY, TEXAS, SAME BEING A PORTION OF THE TRACT OF LAND CONVEYED TO CRETE CARRIER CORPORATION, A NEBRASKA CORPORATION, BY WARRANTY DEED EXECUTED ON NOVEMBER 5. 1997, FILED FOR RECORD ON NOVEMBER 14, 1997, RECORDED IN VOLUME 97224, PAGE 3155 Of THE DEED RECORDS OF DALLAS COUNTY, TEXAS, SAID 0.380 OF ONE ACRE (16,535 s. L) OF LAND BEING !10RE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS AND AS SHOWN ON THE ATTACHED SKETCH,

CCHN€NCING at an iron rod found in the southwesterly dght-of~wa'i line of Interstate Highway 45 {R.O.W. varies} and at the most easterl.y corner of said Crete Carrier Corporation tract, thence as follows:

South 59<>07'52" West, a distance of 595.18 feet, to a calculated point at the lliost southerly corner of said Crete Carrier Corporation tract, same being in the northeasterly line of the tract conveyed to Southern Pacific Transportation Company by deed recorded in Volume 80251, Page 894 of the Deed Records of Dallas County, Texas and refiled in Volume 81017, Page 1132 of the Deed Records of callas County, Texas;

North 30°50'03" West, a distance of 2092.38 feet, to a SIB inch iron rod Hith 'IMWM" cap set 85.00 feet right of Engineer's Centerline Station 1020+20.68 in a proposed southeasterly right-o!-way line (ROW varies), in a southwesterly line of said Crete Carrier Corpora.tion tract and in the northeasterly line of said Southern Pacific Transportation Company tract, for the Point of Beginning and the most southerly corner of the herein described tract of land;

1) THENCE, North 30°50'03" West, a distance of 49.22 feet, leaving the proposed southeasterly right-af-way line, with the so-uthwesterly line of said Crete Carrier corporation tract and the northeasterly line of said Southern PaCific Transportation Company tract, to a calculated point 35.7B feet right of Engineer's Centerline Station 1020+20.50, in the existing southeasterly right-af-way line of Pleasant Run Road, at the most westerly corner of said Crete Carrier Corporation tract, for the most westerly corner of the herein described tract of land;

2) THENCE, North 59 Q 28'43U East, a dista.nce of 318.69 feet, with the eXisting southeasterly right-of-way line of P'1easant Run Road and a northwesterly line of said Crete Carrier Corporation tract, t.o an iron rod with cap found 36.38 feet right of Engineer~ s Centerline Station 1023+39. i9, in a southwesterly right-of-way line of Interstate Highway 45 (ROW varies), at a northwesterly corner of said Crete Carrier Corporation tract, for a corner;

3) THENCE, South 30<>31' 49u East, a distance of 13,80 feet. with a southwesterly rightof-way line of Interstate Highway 45 and a northeasterly line of said Crete Carrier

Page 1 of 6

27

EXHIBIT "A"


July 31, 2012

Corporation tract, to a calculated pOint 50.18' feet right of Engineer' 5 Centerline Station 1023+39.17, for a corner:

4) THENCE., North 66°49'04" East. a distance of 453.85 feet, to a 5/8 inch iron rod with "Mt'lW' cap set 109.00 feet right of Engineer's Centerline Station 1027+89.19 in a proposed southeasterly right-of-way line, for the trust easterly corner of the herein described tract of land, from 'JJhich a 5/8 inch iron rod found in the existing southwesterly right-at-way line of Interstate Highway 45 bears North 66°49'04" East, a distance of 52.26 feet;

5) THENCE, South 59~22'17" West, a distance of 77.16 feet, leaving the exist.ing southwesterly right-ai-way line of Interstate Highway 45 and a northeasterly line of said Crete Carrier Corporation tract, a.nd crossing said Crete Carrier Corporation tract, wi th the proposed southeasterly right-of-way line, to a SIB inch iron rod with \\t-'!Wl1# cap set 109.00 feet right of Engineer's Centerline Station 1027'1'12.02, for a corner;

6) THENCE, South 66°49'04" West, a distance of 339.52 feet, to 'an "X" cut 65.00 feet right of Engineer' 8 Centerline Station 1023+75.37, for a corner:

7) THENCE, South 59°22'17" West, a distance of 200.37 feet, to an "X" cut 65.00 feet right of Engineer's Centerline Station 102h15.00;

8') THENCE, South 300 37'43u East J a distance of 20.00 feet, to an \IX" cut 85.00 feet right of Engineer's Centerline Station 1021+75.00, for a cornert

9) THENCE, Beginning and or less.

South 59° 22' 1'1" West, a distance of 154.32 feet, to containing an a-rea of 0.380 of one acre (16,535 s.f.]

the \?oint of of land, more

Bearing basis: Texas State Plane, North Central Zone, NAD 83(92) modified to surface values using a surface c'djustment factor of 1.000136506.

I hereby declare that. this survey was made on the ground, under my supervision, and that it substantially complies with the CUlrrent Texas Society of Professional

sur~wst;daJ;;;;;:) ___ _ Jd Edward Martinez Y Registered Professional Land Surveyor 5434

NWM DesignGroup 305 East Huntland Drive, Suite 200 Austin, Texas, 78752 (5121 453-0767

Page 2 016

28

EXHIBIT "A"

SOUTHERN PACiFiC UNION PAClnC RAILROAD TRANSPORTATION COMPANY (FORIvIERL Y H&TC RAILROAD)

Ir.OINVFYFD VOL. 80251, PG, 894 DRDe:\ (5J)8 ACRES) VOL 81017, PG. 11.32 ORDer VOL 220, pc. 628 DRDCT

~<ih~~~~~~ ~~~COl)N1Y OF DALLAS (100' ROW) 73059, PC. 1191 OROCT (25' ROW DEED)

DALLAS INTERMODEL TERMINAL LOT 1. BLOCK A

200600224932 OPRDCT

rll'~CI Kill' AND COMMIJN.!~:A TIONS! SYSTEMS EA!3EMENl

RIGHT-OF-WAY VOL. 89040, pC. 2803 DRDCT

TAYLOR BROTHERS ADDlT!ON

8K . .38, PG. 235 PROCT

LINE TABLE LINE BEARING

L1 N30'50'03"W L2 530'31' 49 "E

(S29'58'56"£)

L3 N66'49'04"E L4 S59'22'17"W L5 S30'37' 43"1' L6 559'22'17"W

POINT OF 0,380 Al;I~t;" COMMENCEMENT (16,535 S,',)

Ifl SOUTHWEST LINE Of 'x' CUT INTERST,'T£. HIG~~~~E~5 c)'T C~~ CARRIEr~ CORPORAtiON TRACT

LENGTH 49.22' 13.80'

(13.82')

52.26' 77.16' 20.00' 154.32'

CRETE CARRIER CORPO'RA TION, A NEBRASKA CORPORATION

VOL 97224, PG 3155 DRDCT ~-{

<,-.1";',1' '" \. ",,,cf ,,0' '\ c'\

LEGEND: _0.';':<' ,,,-'"

"-uv I>I?S

A CALCULATED POINT II hOOT TYPE II MONUMENT FOUND • IRON ROO FOUND

(1/2" UNLESS OTHERWISE SPECIFIED) fRFC: • IRON ROO FOUND WITH CAP

@ 1/2" IRON PIPE FOUND o 5/8" IRON ROD I'.1TH "MWM' CAP SET

(UNLESS OTHERWISE SPECIFIED)

ORDCT DEED RECORDS OF D S7rR--l'" () 7 3/ 1l-~?-:f:!¥':!""""""'W ( INDICATES R£CORD DATA ""! ~

DALLAS COUNTY, TEXAS ~ ;t;;;;;) S70'08'32"E OPRDCT OFFICIAL PUBLIC RECORDS OF • i { , (S69'36'12"£) (40.

DALLAS COUNTY. T£XAS tw74' Y POB POINT OF BEGINNING

BEARING BASIS: TEXAS STATE PLANE, NORTH CENTRAL ZONE, NAD 83(92) MODIFIED TO SURFACE VALUES USING A SURFACE ADJUSTMENT FACTOR OF

30S Ea~t Hl,.jolland Drlv'! Suilt 200 I-''''''''~ Austin, Tel(a5 78752 p: 512.45).0767 f: 517.453.1134 TAKING:

A(MAI!~OER:

0.380 AC.

35.275 AC

Page 3 of 6

SKETCH TO ACCOMPANY FIELD NOTES

!.>.lIE: 31 JUI.!2 XI9 n..l <ll90lS

f;lf' S>Ati5.~

3

29

EXHIBIT "8" FOLLOWS ON NEXT PAGE

~f"C) P{'''''''' ORDER NO. __ ,,,,_~_,, _1_",_., _2_~_1_.) ~ DATE: ____ ~D~e~c~emill.~be~r~4~.~2~Ol~2~ __

STATE OF TEXAS § COUNTY OF DALLAS §

30

COURT ORDER

BE IT REMEMBERED, at a regular meeting ofthe Commissioners COUli of Dallas County, Texas, held on

the _4'-lh ___ dayof _______ -'D"-e"'c"'e"'m'"b"'e"'r~ __________ " 2012, on motion made by

Maurine Dickey, Commissioner of District III and seconded by

.;:;Dr:.::..:.-"E-=l=ba-=-G.:.a=r=-c::.:~=· a:c,'---CCc.:o-=mm=i __ s.:.s=i.;:.on=e.:.r_o_f_D_i_s_t_r_i_c_t_II_4 ___ ~, the following court order was adopted:

WHEREAS, the matter set forth below was briefed to the Dallas County Cormnissioners Court on December 11,2012: and

WHEREAS, pursuant to Court Order 2008-1948 dated October 7, 2008, Dallas County and the City of Wilmer entered into a MASTER AGREEMENT GOVERNING TRANSPORTATION MAJOR CAPITAL IMPROVEMENT PROJECTS which authorized transportation improvements on PLEASANT RUN ROAD OVERPASS PROEJCT 31401 from Sunrise Road to 1H-45. The project is located inRoad and Bridge District 3 and in the City of Wilmer; and

WHEREAS, an agreement for Right-of-Entry, Possession and Use ("Agreement") is required when it is impossible for the County to either purchase the owner's right to the land or initiate and finalize condemnation proceedings prior to construction date; and

WHEREAS, correspondingly, an agreement is needed as part of the right-of-way and roadway improvements for the Pleasant Run Road Overpass Project that crosses land owned in fee hy Crete Carrier Corporation. The attached Right-of-Entry Agreement penni!s Dallas County to construct project facilities within the land as stipulated and detailed in the agreement; and

WHEREAS, as part of this process, Crete Carrier Corporation has executed the necessary agreement to complete this transaction; and

WHEREAS, within thirty (30) days of the execution of the referenced License Agreement for Right-of-Entry, Possession and Use, Dallas County agrees to pay Crete Carrier Corporation the not-te-exceed amount of $3,890.00 for the installation of temporary fencing and the reconnection of a gas meter for the purpose of the construction of the Pleasant Run Road Overpass Project 3140 I: and

WHEREAS, this subject request is consistent with Vision 1: Dallas County is a model interagency partner; Vision 4: Dallas County proactively addresses critical regional issues; and Vision 5: Dallas County is the

destination of choice for residents and businesses of the County's Strategic Plan in partnering with its project partners, both municipal and citizenry, and being responsive to individual property owners' needs and recognizing those rights to the fullest extent.

3 1

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED by the Dallas County Commissioners Court that the County Judge is hereby authorized and directed te> execute tile attached License Agreement for Right-of-Entry, Possession and Use with Crete Canier Corporation fer the Pleasant Run Road Overpass MCIP Project 31401 from Sunrise Road to IH-45 in the City of Wilmer, and that Crete Carrier Corporation be paid a not-ta-exceed amount of $3,890.00 for the installation aftemporary fencing and the reconnection of a gas meter far the purpose of construction of the Pleasant Run Road Overpass Project 31401, to be paid from Fund 196, Project 8201

DONE IN OPEN COURT this the --,4t",h~_ day of December ,2012.

,..-"" ~M . D"- -D'~~~~ aunne lC.m..ey, 1 Clay ewi n ins, County Judge

~"-" ... ::0:: Works

rta Blair, P.E.

SCIf£,J! V: IProp\{,,)WU1401IP-6

32

LICENSE AGREEMENT FOR

RIGHT OF ENTRY, POSSESSION AND USE

STATE OF TEXAS §

COUNTY OF DALLAS §

WHEREAS, CRETE CARRIER CORPORATION, a Nebraska corporation, hereinafter "Licensor" is/are the owners(s) of certain tracts of land in Dallas County, Texas, more fully described in Exhibit(s) "A", attached hereto, which by this reference becomes a part hereof for all purposes;

WHEREAS, the County of Dallas, hereinafter "Licensee" acting by and through the Department of Public Works of the County of Dallas, for the intended purpose of constructing a road and the appurtenances thereto, must have the right of entry on, possession and use of said described tract(s) ofland, encumbered with the improvements thereon by November 15, 2012 or as soon thereafter as may be possible, for the purpose of road construction and appurtenances thereto, including but not limited to the relocation of utilities, as it would be impractical if not impossible for the County of Dallas to acquire said interests or to institute condemnation proceedings by that date; and

NOW THEREFORE this grant of License for the right of entry is made by and entered into by Licensor and Licensee in mutual consideration stated herein.

KNOW ALL BY THESE PRESENTS that, Licensor hereby acknowledged, and confessed, whether one or several, has granted and by these presents does grant unto the Licensee, a License for the right of entry upon, and the right to remove any fixed improvements located thereon, and the use oftract(s) of land, described in Exhibit(s) nAn subject, however, to the right of Licensor to exercise the right of uninterrupted ingress and egress to its property across said tract(s) at all times during the duration of said License.

THIS GRANT of a License for the right of entry, possession and use is conditioned upon the following:

1. That the Licensee, its Agent, Employees, and the Utility Companies acting by and through the Department of Public Works, shall have the right of entry upon, and the use of the land(s) described in Exhibit(s) "An, and the right to remove any fixed improvements located thereon, from and after November IS, 2012, unless terminated as hereinafter provided subject, however, to the right of Licensor to exercise the right of uninterrupted ingress and egress to its property across said land(s) at all times during the duration of this License.

2. The Licensee shall pay the Licensor Three Thousand Eight Hundred Ninety Dollars and no cents ($3,890.00), for the installation oftemporary fencing and the reconnection of a gas

PagclofS

Project: Pleasant Run Overpass 3140] (Sunrise Road to JH-45)

Parcel: 6 & 6-E

33

meter for the purpose of the construction of the Project such payment to be made not later than thirty (30) days following the full execution of this Agreement.

3. That the License herein made shall not prejudice in any way Licensor's rights to receive full and just compensation according to law for the interests to be acquired by the Licensee in the above-described landes) as encumbered with improvements thereon, save and except all oil, gas and sulphur as above provided. The date of taking for valuation purposes is hereby agreed to be the date the special commissioners' hearing is conducted.

4. That this License, and the right of entry, possession and use obtained by the Licensee hereunder, shall ipso facto terminate and be void and of no further force and effect on the first day of the twelfth (12th) month following the month of execution of this Agreement, unless the Licensee has, prior to said date:

1.) entered into either a conveyance by dedication or a contract of sale with Licensor for the purchase of said rights to said tract( s) of land, together with title to all fixed improvements thereon (except all the oil, gas and sulphur which can. be removed from beneath the above-described tracts);

2.) has filed condemnation proceedings for the acquisition of said rights in the County Court of Dallas County, Texas, which has jurisdiction thereof under the provision of the Texas Statutes; or

3.) has extended the time limitations as stated herein by mutual agreement m writing.

5. That it is expressly provided that in the event the Licensee institutes condemnation proceedings under this grant, the Licensee will not be liable to Licensor for interest except as provided by law on any award or judgment is such proceedings for any period prior to the time that the amount of the award is deposited into the registry of the Court.

5. This Agreement and all matters pertinent thereto shall be construed and enforced in accordance with Title 5 of the Texas Civil Practice & Remedies Code, and all applicahile municipal, county, State of Texas and federal laws. Licensor expressly agrees that no provision of this Agreement is any way intended to constitute a waiver by the Licensee of any immunity from suit or from liability that the Licensee may have by operation of law. Nothing herein is intended to benefit any third-party beneficiaries to this Agreement. The exclusive venue for any legal action between the parties arising from this Agreement shall lie in Dallas County, Texas.

6. Dallas County will coordinate with the Utility Companies and TxDOT to notify LicenslOr seven (7) days prior to the beginning of any utility relocations and/or construction to the property.

Page 2 of 5

Project: Pleasant Run Overpass 3140] (Sunrise Road to IH-45)

Parcel: 6 & 6-E

34

7. If any provision of this Agreement is construed to be illegal or invalid, this will not affect the legality or validity of any of the other provisions. The illegal or invalid provision will be deemed stricken and deleted, but all other provisions shall continue and be given effect as if the illegal or invalid provisions had never been incorporated.

8. This Agreement constitutes the sole agreement between the parties hereto and overrides all prior agreements and understandings, oral or written, expressed or implied, between the parties.

TO HAVE TO HOLD the possession and use of the above described tracts of land for the purposes and subject to the limitations above described.

LICENSOR:

CRETE CARRIER CORPORATION, a Nebraska corporation

ACKNOWLEDGMENT

THE STATE OF NEBRASKA §

COUNTY OF bftDfaJID) §

. Before me, the undersigned notary public, on this day personally appeared t;1mttt!!!tBa' OJf)}~ as¥t:. (). p, of Crete Carrier Corporation, a Nebraska 'corporation, COwn to me be the person whose name is subscribed to the foregoing instrument 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 therein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, This Ji.o!!J.ay of~, 2012. , , .

Page 3 of5

) jLJ. L£),;ft, 1GENERAlNOTARY.SlaleofNebraska ary Public in~.Jl\ld . the"'State ofNebrask'a. .

l"L CATHERlNEA. WltKEN Printed Name: .-::! dJd-L.of\ /ne.n U) I L i,/~ '" My ClmM. Exp.Sep', Ii. 2(1) . ~~ I...- N I '- - lY;;;.~

Project: Pleasant Run Overpass 3 140 I (Sunrise Road to fH45)

Parcel: 6 & 6-E

of5

35

My Commission Expires: _-"2~~{).ULi-L'.1.1-,g~it-, .fiOl2cO!,,!.LI.:;:$~.,-

Pr",ject: Pleasant Run Overpass 3 J 40 I (Sunrise Road to IH-45)

Parcel: 6 & 6-E

36

LICENSEE:

ACKNOWLEDGMENT

THESTATEOFTEXAS §

COUNTY OF DALLAS §

Before me, the undersigned Notary Public, on tills day personally appeared Clay Lewis Jenkins, County Judge for Dallas County, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was an act of Dallas County, Texas, a political subdivision of the State of Texas, and that he executed the same as the act of the County of Dallas for the purposes and consideration therein expressed and in the capacity herein stated.

GIVEN UNDER MY HAND AND SEAL OF OFFICE, This ~ day of WC!3ffi h?e(, 2012.

RUBY BLUM Notary Publlo

STAtE OF TEXAS My i;i'Jmm. aMP, Sap. t6, 2016

• Approved As To Form:

Craig Watkins Distric (ttorney

. "Cr;;" It -,...... i"j l' A / By:'\) {Iv A. ./ . (/,A,/,U':-.-/-e \...,-~ __ _

~ rri Turner Assistant District Attorney

N olary Public in and for the State of Texas

Printed Name: \2.,0'1:A) B\\..J(Y\ My Commission Expires: "I I \ B 11..-0 \ lQ

"By law, the District Attorneys' Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. OUf review ofthis document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our cHent. Other parties should not rely 011 this approval, and should seek review and approval by their own respective attorney(s).

ROf Lie Agreejor CCC_ BV_P6 Rev. 2/12

Page 50f5

Project: Pleasant Run Overpass 31401 (Sunrise Road to IH-45)

Parcel: 6 & 6-E

county: Parcel No.: Hi.ghway:

Dallas 6

37

EXHIBIT "A"

EXHIBIT A


July 31, 2Cl12

Project Limits~ Pleasant Run Road ii'rom: Sunrise Road 1'0: IH 45 0918-47-080 CSJ:


BEING 0.380 OF ONE ACRE (16,535 S.F.) OF LAND !·jORE OR I,ESS, OUT OF AND A PART OF THE ROBERT SLOAN SURVEY, ABSTRACT NO. 1271 IN DALLAS COUNTY, TEXAS, SAME BEING A PORTION OF THE TRACT OF LAND CONVEYED TO CRET.E CARRIER CORPORATION, A NEBRASKA CORPORATION, BY WARRANTY DEED EXECUTED ON NOVEMBER 5, 1997, FILED FOR RECORD ON NOVEMBER 14, 1997, RECORDED IN VOLUME 91224, PAGE 3155 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS, SAID 0.380 OF ONE ACRE (16,535 S.".) OF LAND BEING 110RE PARTICULARLY DESCRIBED BY METES AND BOUNIDS AS FOLLOWS AND AS SHOWN ON THE ATTACHED SKETCH:

ca·fHENC!NG at an iron rod found in the southwesterly right-af-way iine of Interstat.e Highway 45 (R.O.W. varies) and at the most easterly Corner of said Crete Ca-rrier corpora.tion tract, thence as follows:

south 59°07'52" 'West, a distance of 595.18 feet, to a calculated point at the most southerly corner of said crete Carrier Corporation tract, same being in the northeasterly line of the tract conveyed to Southern Pacific Transportation Company by deed recorded .in Volume 80251, Page 894 of the Deed Records of Dallas County" Texas and refiled in volum.e 81017, Page 1132 of the Deed Records of Dallas County, TexaS;

North 30°50'03" West, a distance of 2082,38 feet, to a 5/8 inch iron rod \-.lith "MWM" cap set 85.00 feet right of Engineer's Centerline Station 1020+20.68 in a proposed southeasterl:; right-of-way line (ROW varies), in a southwesterly line of said Crete Carrier Corpora.tion tract and in the northeasterly line of said Southern pacific Transportation Company tract, for the Point of Beginnin.g and the most southerly corner of the herein described tract of land:

1) THENCE, North 30°50'03" West, a distance of 49.22 feet, leaving the proposed southeasterly right-of-way line, with the southwesterly line of said Crete Carrier Corporation tract and the northeasterly line of said Southern Pacific Transportation Company tract, to a calculated point 35.18 feet ,right of Engineer's centerline Station 102.0+20.50, in the existing southeasterly right-of-way line of Pleasant Run Road, at the most westerly corner of said Crete Carrier Corporation tract, for the most westerly corner Of the herein descri.bed tract of land;

2) THENCE, North 59 Q 28'43" East, a distance of 318.69 feet, with the existing southeasterly right-"of~way iin"e of F'leasant Run Road a-nd a northwesterly line o,f said Crete Carrier Corporation tract, to an iron rod with cap fotJnd 36.38 feet right of Engineer's Centerline Station 1023+39.19, in a southwesterly right-of-way line of Interstate Highway 45 (ROW varies), at a northwesterly corner of said crete Carrier Corporation tract, for a corner;

3) THENCE, South 30°31'49" East, a distance of 13.80 feet" with a southwesterly rightof-way line of Intersta'te Highway 45 and a northeasterly line of said Crete Carrier

Page 1 of 6

38

EXHIBIT "A"


July 31, 2012

Corporation tract, to a calculated point 50.18' feet right of Engineer's Centerhne Station 1023+39.17, for a corner;

4) THENCE, North 66 Q 49'04" East, a distance of 453.85 feet, to a 5/8 inch iron rod with "MWl'fI' cap set 109.00 feet right of Engineer's Centerline Station 1027+89.19 in a proposed southeasterly right-af-way line, for the tMst ea,sterly corner of the herein described tract of land, from which a 5/8 inch iron rod found in the existing southwesterly right-af-way line of Interstate Highway 45 bears North 66°49' 04" East, a distance of 52.26 feet;

5) THENCE, South 59°22' 1·7" West! a distance of 77.16 feet, leaving the ex.isting southwesterly right-of-way line of Interstate Highway 45 and a northeasterly line of said Crete Carrier Corporation tract, and crossing said Crete Carrier Corporation tract, with the proposed southeasterly right-of-way line, to a 5/8 inch iron rod with "t·'M,"'l1u cap set 109.00 feet right of Engineer's Centerline Stati.on l027+12.02 J for a corner;

6) THENCE, South 66°49'04" West, a distance of 339.52 feet, to 'an "x,... cut 65.00 feet right of Engineer's Centerline Station 1023+75.37 I for a corner t'

7} THENCE, South 59°22'17" West, a distance of 200,37 feet, to an "XII cut 65.00 feet Light of Engineer's Centerline Station 1021+75.00;

8) THENCE, South 30°37'43" East, a distance of 20.00 feet, to an "X" cut 85.00 feet right of Engineer's Centerline Station 1021+75.00 , for a corner,

9} THENCE, South 59°22'17" West, a distance of 154.32 feet, to the Point of Beginning and containing an area of 0.380 of one acre (16,535 s.t.) of land, more or less.

Bearing basis; Texas State Plane, North Central Zone, NAD 83 (92) modified to surface values using a surface adjustment; factor of 1.000136506.

I hereby declare that this survey was made on the ground, under my supervision, and that it substantially complies '.vith the currrent Texas Society of Professional Surveyors standards :,...,...-__ ~''\

OJ 1- ~-} D"SidE(h,aL:;TMarU;;ez '.;Y" ... --..• - .• Registered Professional Land Surveyor 5434

l'lWM OesignGroup 305 East Huntland Drive, Suite 200 Austin, Te ••• , 78752 (512) 453-0767

Page 2 of 6

SOUTHERN PACIFIC TRANSPORTATION COMPANY

Ir'r"""c"':" VOL 80251, PG. 894 DRD~,\

39

EXHIBIT "A"

Val, 81017, PG. 1132 DRDcr

UNION PACIFIC RAILROAD (FORMERLY H&TC RAILROAD)

(5,08 ACRES) VOL. 220, PG, 628 I'>O""'T'

~"~~~~~COUltnY OF DALLAS (100' ROW) PG, 1191 ORDCT

(25' ROW DEED) '~~f~}}', DALLAS INTERMODEL TERMiNAL ," lOT 1. BLOCK A

""cU';','lO 1:40C. 200600224932 OPRDcT

r AYLOR BROTHERS ADDITION

8K . .lB. PG. 235 PRocr

LINE TABLE LINE BEARING

11 N30'50'03"W l2 S30'31 '49"[

(S29'S8'56"E)

L3 N66'49'04"E l4 S59'22'17"W L5 S30'3 7' 43"[ L6 S59'22'17"W

LENGTH 49.22' 13.80'

(13,82')

52.26' 77.16' 20,00' 154,32'

LEGEND: A CALCULATED POINT

6 0.380' ACRES (16.535 s.r.) OF 'x' CUT THE

CRElE TRACT

CRETE CARRIER CORPORATION, A NEBRASKA CORPORATION

VOL. 97224, PG 3155 ORDCr

""~ ..,0";,1\ ~ V

..,\,.O~ ",0, ~ c~

dI><'~\'I-~ ~ ~~

III hOOT TYPE 1\ MONUMENT FOUND .. IRON ROD FOUND

(1/2" UNLESS OTHERWISE SPECIFIED) 'RFC: • IRON ROD FOUND WITH CAP

@ 1/2" IRON PIPE FOUND

o 5/8" IRON ROD WITH "MWM' CAP SET

(UNLESS OTHERWISE SPECIFIED)

( ) INDICATES RECORD DATA ORDCT DEED RECORDS OF

DALLAS COUNTY, TEXAS OPRDCT OFFICIAL PUBLIC RECORDS OF

DALLAS COUNTY, TEXAS poe POINT OF BEGINNING

BEARING BASIS: TEXAS STATE PLANE, NORTH CENTRAL ZONE, NAD 83(92) MODIFIED TO SURFACE VALUES USING A SURFACE ADJUSTMENT FACTOR OF

305 East Huntland Drive Suitt ZOO AIl~tln, Te)(a5 78752 p:511AS"3.0767 f: 512.4$:$,11l4 TAKING:

REMAINOERi O.~BO AC. 35.275 AC

Page 3 of 6

SKETCH TO ACCOMPANY FIELD NOTES

!JAn;; 11 J\Jt. 12 J081+O: 43003(;

3

County: Parcel No. : Highway:

Dallas 68

40

EXHIBIT "A"

EXHIBIT A

Parcel 6£ Page 1 of 3 Pages

July 31, 2012

Project Limits~ Pleasant Run Road From: Sunrise Road To: IH 45 0918-47-080 CSJ:

PRCPERTY DESCRIPTION FOR PARCEL 6E

BE:ING 0.457 OF ONE ACRE: (19,926 S.F.) Of' LAND MORE OR LESS, OUT OF AND A PART OF THE ROBERT SLOAN SURVEY, ABSTRACT NO. 1271 IN DALLAS COUNTY, TEXAS, SAME BEING A PORTION OF THE TRACT OF LAND CONVEYED TO CRETE CARRIER CORPORATION, A NEBRASKA CORPORATION, BY WARRANTY DEED EXECUTED 011 NOVEMBER 5, 1997, FILED FOR RECORD ON NOVEMBE:R 14, 1997, RECORDED IN VOLUt·IE 97224, PAGE 3155 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS, SAIO 0.457 OF ONE ACRE (19,926 S.!!.) OE' LAND BEING 110RE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLI"OWS AND AS SHOWN ON THE ATTACHED SKETCH:

COMMENCING at a 1/2 inch iron rod found in the sQuthNesterly right···of-way line oiE Interstate Highway 45 (R.O.\>]. varies) and the most easterly corner of said Crete Carrier Corporation tract, thence as foJllows:

South 59<:107'521f West, a distance of 595418 feet, to a calculated point at the most southerly corner of said Crete Carrier Corporation tract. same being in the northeasterly line of the tract conveyed to Southern Pacific Transportation CompanY' by deed recorded in Volume 80251, Page 894 of the Oeed Records of Dallas County,. Texas and refiled in Volume 81017, Page 1132 of the Deed Records of Dallas County, Texas;

Nortl'i 30"50' 03" West, a distance of 2058.38 feet, to a 5/8 inch iron rod t.fith '~MWM""" cap set 109.00 feet right of Engineer's Centerline Station 1020+20.77, in the southwesterly line of said Crete Carrier Corporation tract and in a. northeasterly line of said Southern Pacific Transportation Company tract, for the Point of Beginning and the most southerly corner of the herein described t..ract of land;

1} THENCE, North 30°50'03" West, a distance of 24.00 feet, with the southwesterly line of said Crete Carrier Corporation tract and the: northeasterly line of said Southern Pacific Transportation Company tract, to a 5/8 inch iron rod with "MW!.'1/' cap set 85.00 feet right of Engineer's Centerline Station 1020+20.68, for the most westerly corner of the herein described tract of l.and, from ';Ihich an iron rod with cap found in the eXisti.nc.:l southeasterly right-Of-way line of Pleasant Run Road, a't a northt·/esterly· corner of said Crete Carrier Corporation tract, bears North 30"50 / 03" West, ct,

distan.ce of 49.22 feet, to a calculated point in the existing southeasterly· right-of-way line of Pleasant Run Road, at the most westerJ.:/ corner of said Crete Carrier Corporation tract an¢! North 59"28 ' 43" East, a distance of 31B.69 feet;

Page 4 of 6

41

EXHIBIT "A"

P'arce 1 6E. Page 2 of 3 Pages

July 31, 2012

2} THENCE~ North 59°22'17n East, a distance of 154.32 feet, leaving a southwesterly line of said Crete Carrier Corporation tract and the northeasterly line of said Southern Pacific Transportation Company tract, and crossing said Crete Carrier Corporation tract, to an "XU cut 85. 00 feet right of Engineerl s Centerline Station 1021+75.00, for a corner;

3) THENCE, North 30°37' 43" West, a distance of 20.00 feet I to an "X" cut 65.00 feet right of Engineer's Cen.terline Stat.ion 1021+'15.00, for a corner;

4) THENCE, North 59°22'17# East, a distance of 20'0.37 feet, to an "X" cut 65.00 feet right of Engineer's Centerline station 1023+75.37, for a corner;

5) THENCE, North 66°49' 041' East, a distancE! of 339.52 feet, to a 5/8 inch iron rod with "M'~1f cap set 109.00 feet right of Engineer's Centerline Station 1027+12.02, for the most easterly corner of the herein described tract of land, from which a 5/8 inch iron rod found at the most northerly corner of said Crete Carrier Corporation tract bears North 62°22' 38" West, a distance of 129.16 feeti

6) THENCE, South 59°22'17" West, a distance of 691.26 feet, to the Point of Beginning and containing an area of 0.457 of one acre (19,926 s.f.) of land, more or less.

Bearing basis: Texas State Plane, North Central Zone, NAD 83 (92) modified to surface values using a surface adjustment factor of 1.00013~506.

I hereby declare that this survey was made on the supervision, and that it substantially complies with

~~Q::120fe;S;:~~2~~r' "_~~andardS' Da'Tid Edward Mart ine z ,-Registered Professional Land Surveyor 5434

HWM DesignGroup 305 8ast Huntland Drive, Suite 200 Austin, Texas, 78"152 (512) 453-0767

Page 5 of 6

ground, under my the current TeX35

42

EXHIBIT "A"

SOUTHERN PACIFIC TRANSPORTA TION COMPANY

"'~"",cvr VOL. 80251, PG. 894 DRDC\)" REFILED VOl. 81017, PG. 1132 DRDCT \

TAYLOR BROTHERS ADDITION

BK. 38, PG. 235 PRDCT

~'oUlm IN SOUTHWEST LINE OF INTERSTATE HtGHWAy 45 AT THE

MOST EASTERLY CORNER OF CRETE 1.-__________ -"'CAc:;RRIER CORPORATION TRACT PARCEL 6E

0.457 A.CRES (19.926 '5.1".)

CRETE CARRIER CORPORt>.,TlON, A NEBRASKA CORPORATION

VOL. 97224, PG 3155 DRDCT

~"\

PACIFIC RAILROAD (FORMERLY H&TC 1'(f'ILKIJALJ j

(5.08 ACRES) VOL. 220, PG, 628 DRDCr

(100' ROW) cOUNTY OF DALLAS

VOL 73059. PG, 1191 ORDCr (25' ROW DEED)

DALLAS INTERMODEL TERMIN LOT 1, BLOCK A

200600224932 OPRDCT

.\,',-ELECTRIC AND COMMUNICA SYSTEMS EASEMENT AND

RIGHt - OF - WAY VOL 89040, PC, 2803 ORDCr

,,;0":,1' "" ,S"O .... 0· "( (,'1.

rj>'-C(.. ,\C(..~ COMMUNICATIONS EASEMENT

AND RIGHT-OF-WAY

Mon. e

(

.. ® o

LEGEND: '" ",<>S CALCULATED POINT TxDOT TYPE II MONUMENT FOUND IRON ROD FOUND (1/2" UNLESS OTHERWISE SPECIFIED) IRON ROD rOUND WI TH CAP 1/2" IRON PIPE rOUND

5/8" IRON ROO WITH "MWM' CAP SET

(UNl.ESS OTHERWISE SPECIFIED) INDICATES RECORD DATA

DRDCT DEED RECORDS OF DALLAS COUNTY, TEXAS

OPRDCT OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS

POS POINT OF BEGINNING

VOL. 99082, PG. 3756 nD<'~T A.

»62'22'38"E

BEARING BASIS: TEXAS STATE PLANE, NORTH CENTRAL ZONE, NAD 83(92) MODIFIED TO SURFACE VALUES USING A SURFACE ADJUSTMENT FACTOR OF 1.000136506. ALL DISTANCE HOWN ARE SURFACE DISTANCES.

lOS E'aU Huntland Ddve Suite 20Cl AU5till, Te)(U 78752 p: 512.453.0767 f: 512.45"3.1734

Page 6 of 6

SKETCH TO ACCOMPANY FIELD NOTES 3

April 30, 2013


MEMORANDUM


FROM: Alberta L. Blair, P.E. Director of Public Works

43

SUBJECT: BROOKHAVEN TRAIL CONNECTION WITH TOWN OF ADDISON MCIP # 17701 FIRST AMENDMENT TO EXECUTED PROJECT SUPPLEMENTAL AGREEMENT (Court Order No. 2010-1854 dated November 2, 2010)

BACKGROUND

A court order has been executed (Court Order No. 2010-1854 dated 11102110) between Town of Addison and Dallas County identifying Vitruvian Trails (Segments A-D), Redding Trail (Segment E) and Brookhaven Trail (Segment F). It was agreed that Segments A-E will be led by Town of Addison under MCIP Project NO.10307 - Addison Multi-Modal Connectivity, and Segment F, Brookhaven Trail, will be led by Dallas County under separate MCIP Project No. 17701. Both Projects have been identified in the existing executed PSA.

The purpose of this First Amendment is to amend the existing Project Supplemental Agreement ("PSA") between the Town of Addison, Texas, (the "Town") and the County of Dallas, Texas, (the "County") to include additional funding for Segment F (Brookhaven Trail). Segment F limits are from Valley View Lane in the City of Fanners Branch to Vitruvian Trail (Segment A) in the Town of Addison.

Brookhaven Trail, Multimodal Pathway connects Valley View Lane beginning at the southwest property line of Brookhaven College campus and connects at the north end of the college campus towards the Town of Addison'ssVitruvian development, thereby connecting to Addison Trail Network. The proposed I·Iike and Bike Trail is 10-12 feet wide with 2·foot wide unimproved shoulders, wherever possible, as recommended by AASHTO guide for the development of bicycle facilities. The proposed Trail also includes a pedestrian bridge over Farmers Branch Creek tributary, and is designed according to AASHTO bridge standards (see Attachments A, A-I).

Briefing - First Amendment to Supplemental Agreement for Brookhaven Trail MelP 17701 Page 1 of3


FINANCIAL IMPACT

44

Dallas County participation for the Addison Multi-Modal Connectivity Project and Brookhaven Trail Connection Project (Segments A- F), through Court Order No. 2010-1854 dated 11102/2010 is $ 2,380,000. Segments A- E, Addison Multi-Modal Connectivity Project, has been completed. Town has been fully reimbursed for segments A-E with a balance of approximate $ 177,000.

Upon execution of this amendment, Dallas County will provide additional project funding in an amount not to exceed Eight Hundred Thousand Dollars aud no cents ($800,000.00) towards Segment F, reduced by all in-house project delivery costs, estimated to be $ 680,000 thereby revising County's share of MCIP eligible cost participation for segments A- F (Addison MultiModal Connectivity Project - MCIP 10307 and Brookhaven Trail Connection Project - MCIP 17701) to $ 3,180,000, towards transportation infrastructure elements (see Attachment B for cost funding breakdown for all segments).

Town of Addison is participating with funds through North Central Texas Council of Governments (NCTCOG) Sustainable Development Grant Fund in the amount of $1,176,875 towards Brookhaven Trail Connection Project (Segment F), thereby revising Town's share of MCIP eligible costs for Segment A- F (Addison Multi-Modal Connectivity project and Brookhaven Trail Connection Project), to an estimated Six Million, One Hundred Seventy-Six Thonsand, Eight Hundred Seventy-Five Dollars and uo cents ($6,176,875.00),

Town has entered into a Regional Toll Revenue Advanced Funding Agreement (RTRAFA) with the Texas Department of Transportation (TxDOT) to secure funding awarded during the 2009-10 Sustainable Development Call for Projects.

This PSA amendment is specifically conditioned upon the Town providing supplemental funding.


Dallas County partners with Town of Addison and many other cities in Dallas County to implement transportation projects, which is consistent with Vision 1: Dallas County is a model interagency partner and Vision 4: Dallas County proactively addresses critical regional issues.

Briefing - First Amendment to Supplemental Agreementfor Brookhaven Trail MelP 17701 Page 2 of3

Commissioners Court April 30,2013 Page 3

RECOMMENDATION

45

It is recommended that the County Judge be authorized to execute the attached First Amendment to the existing Project Supplemental Agreement with the Town of Addison. If the Commissioners Court is in agreement, a court order will be placed on the next formal agenda authorizing the execution of this agreement.

Approved by:

A1b& Director of Public Works

Attachments (First Amendment to Project Supplemental Agreement)

Briefing - First Amendment to Supplemental Agreement/or Brookhaven Trail Mel? 17701 Page 3 of3

46

FIRST AMENDMENT TO THE DALLAS COUNTY CAPITAL IMPROVEMENT PROGRAM

PROJECT SUPPLEMENTAL AGREEMENT TO THE MASTER AGREEMENT GOVERNING

MAJOR CAPITAL TRANSPORTATION IMPROVEMENT PROJECTS

This First Amendment to the Dallas County Capital Improvement Program Project Supplemental Agreement ("First Amendment") is entered into this day of , 20J 3, to amend the Project Supplemental Agreement ("Project Supplemental Agreement" or "PSA") between the Town of Addison, Texas, (the "Town"), and the County of Dallas, Texas, (the "County"), for the Addison Multi Modal Connectivity Improvements (Segments A-E), MCIP Project 10307, (the "Project").

Whereas, pursuant to Dallas County Commissioners Court Cirder 2002-1375 dated July 30, 2002, and Court Order 2012-1932 dated November 13,2012, the County acting by and through the Dallas County Commissioners Court, and the Town entered into a Master Agreement to jointly fund various street improvement projects; and

Whereas, the Master Agreement provides that the parties may enter into agreements supplemental to the Master Agreement (refelTed to in the Master Agreement as a "P.rQject Specific Agreement" or "Project Supplemental Agreement") to establish the parties' rights and responsibilities regarding a particular project, and pursuant to Dallas County Commissioners Conrt Order No. 20 I 0-1854, dated November 2, 2010, County and Town entered into a Project Supplemental Agreement for the implementation of Addison Multi Modal Connectivity Improvements (Segments A-E), MCIP Project 10307; and

Whereas, the PSA references another major capital improvement project ("MCIP"), MCIP Project 17701, that directly relates to the Project, is identified in the PSA as "Segment F", and for which the County had initially approved funding in the amount of $250,000.00 as set forth in Attachment B to the PSA; and

Whereas, pursuant to Dallas County Commissioners Court Order No. 2012-1843 dated October 30,2012, the County increased its total funding participation in Segment F to liQ50,000.00; and

Whereas, Chapter 791 of The Texas Govemment Codc and Texas Transportation Code Section 251 provides authorization for local govemments to contract with each other for the performance of govemmental functions and services, as well as for joint funding of road or street projects, and pursuant to that and other authority the County and the Town desire to amend tlle PSA as set forth herein; and

Now therefore, this First Amendment is made by and entered into by the Town and the County for the mutual consideration stated herein:

I. Purpose:

Town and County both mutually agree to amend said PSA as set forth in this First Amendment. The purpose of this First Amendment is to amend the Project limits to include Segment F as part of

fJrlLJmenQllN.!lLto the Proh:ct Supotentt{jJlglAgITJ~!MJJ1 -.:::_Addispn Multi i'y]Q!lqJ~r;!2U1J!lJ'Ji"itv fmlJt!lJ!Jll1tentsfMC1P lO~jJJJ. 11·]2

47

this Project. Segment F limits are from Brookhaven College in Farmers Branch to Segment A in the Town of Addison.

n. Amended Provisions:

A. Article II, "Incorporated Documents," of the Project Supplemental Agreement shall be and is hereby revised in its entirety to read as follows:

This PSA incorporates, as if fully reproduced herein word for word and number for number, the following items:

I. Master Agreement authorized by County Commissioners Court Order 2012-1932 dated November 13, 2012, (the Master Agreement);

2. Project Scope as shown in Attachments "A" and "A-I";

3. Cuu'ent Cost Estimates and Funding Sources, as shown in Attachment "B".

B. Article VII, "Town Covenants And Agrees As Follows," of the Project Supplemental Agreement shall be and is hereby revised in its entirety to read as follows:

1. TO\\11 shall be the Lead Agency for Segments A-E of the Project. Town will provide project management for Segments A-E of the Project from commencemel,t of planning to completion of construction.

2. Town will execute the necessary agreements for the implementation of design and construction of Segments A-E ofthe Project mutually agreed upon and incorporated herein by this PSA.

3. Town will enter into an Regional Toll Revenue Advanced Funding Agreement (RTRAFA) with the Texas Department of Transportation (TxDOT) to secure funding awarded during the 2009-10 Sustainable Development Call For Projects as identified in Attachment "B".

4. This PSA is Town approval ofthe preferred alignment, proposed estimated budget and funding as shown in the Current Cost Estimates and Funding Sources, Attachment "B, and commitment to meet Project funding for each milestone (subject, however to the provisions of this PSA, including, without limitation, the provisions of Article V, Fiscal Funding, hereof).

5. If the Town requests to add relocation 01" adjustment of Town Utilities or Utility Betterments, as defined in the Master Agreement, Town covenants and agrees that it will pay 100% of the costs of these additions.

6. This PSA is specifically conditioned upon the Town providing supplemental funding.

7. Town will confirm that all County funded transportation infrastructure elements for Segnnents A-E of the Project are dedicated to the public right of way or for public usage perpetually.

8. In order to certify compliance with the expenditure of the Project funding for this PSA, the Town agrees to fumish to the County, its Auditor, or its designated representative(s) the unrestricted right to audit any and all accounting and other records regarding any funds paid or

First Amendment 10 the ~ct St!.12plemefl1at.Aereement .::::jli!d.ison Multi /Ilfoda/ ConnectiVity' !!11Provem{li1J~_JMCJP l.JlHlll lH2

2

48

claimed under this agreement, including, but not limited to all books, records, reports, tickets, deposits, expenditure, budget or any item therein, supporting data, computer records and programs, and all items of hardwal'e, software or firmware, or any other item utilized by the Town regarding this PSA (records). Town contracts and agrees that all records shall be kept and maintained for a period of time not less than four (4) years from the date of the termination of this PSA. Such records shall be provided to the County in Dallas County, Texas and available for any audit dUTing normal business hours and within five (5) days following the County's written request.

a. The results of any audit may be furnished to Town for comment. In the event that any audit shall determine that moneys are owed to County, Town shall have the right to review and analyze the same and to discuss the audit with the County and its auditors. If owed by Town to County, such sums are deemed to be due and payable to Dallas County, Texas, within thirty (30) days after the date that such final determination is made.

b. The audit provisions of this agreement shall survive the termination of this agreement until all Project claims to which Dallas COlmty, Texas, is or may be a party, are fully paid or reduced to jUdgment 110t subject to appeal and ban'ed by the Texas Statute regarding limitation of actions.

9. For Segments A-E, Town will accomplish all tasks and responsibilities of the Lead Agency as set forth in the Master Agreement and as specifically referred to but not limited to in Article T. Definitions, h); Article VII, P.; Article IX, F ,0 and L.

10. Town will allocate for Segment F a minimum of$I,176,875.00 from the NCTCOG Sustainable Development grant regional toll revenue funding to match County MCIP funding reserved for Segment F, Town will retain the right to review plans, change orders and amendments prior to and during construction of Segment F construction elements .. Town will provide timely design and change order review comments.

11. Town will utilize all funding provided by County solely for the purposes of construction and plan review for the named Project.

C. Article VIII, "County Covenants Agrees As Follows," of the Project Supplemental Agreement shall be and is hereby revised in its entirety to read as follows:

1. County shall be the Lead Agency for Segment F. County will provide project management for Segment F of the Project from commencement of planning to completion of eonstmction. County will accomplish all tasks and responsibilities of the Lead Agency as set forth in the Master Agreement. City has and will retain the right to review plans, change orders and amendments during planning and construction of Segment F.

2. County will retain the right to review plans, change orders and amendments dUling construction of Segments A -E. County will provide timely design and change order review comments.

3. County will coordinate and execute the necessary agreements for the implementation of design and constmctiol1 of the Segment F pOliions outside the Town Limits.

Firsl Amendment to the Proia! Slipplemrm1JIL..1zI:gJ11!!.!Jl - Adljj.wJn Multi ltJo®1Connec!ivilJY J!!,!.Qroveme!1fI' {Mel? l03(J7), 11-12

3

49

4. County will provide Project ftmding in an amount not to exceed Three Million One Hundred Eighty Thousand Dollars and no cents ($3,180,000.00) towards transportation infrastructure elements identified in Attachments "A", "A-!" and "B" that are eligible for County MCIP funding. Funding for each segment is detailed in Attachment "B". From the aforesaid $3,180,000.00, County project delivery costs including but not limited to design review and construction inspection in an amount to not exceed $680,000.00 will be deducted from County financial participation further detailed in Attachment "B".

5. County will provide MCIP funding for Segments A-F that provide improve or enhance capacity on regional thoroughfares. This includes road reconstruction for widening, intersection improvements and strategic multimodal connections within the public right of way or for public use linking together sidewalks and nearby off-street trails into a regional multimodal route. County will not fund sidewalks outside the pLlblic right of way.

6. COlmty will provide MCIP funding for the portion of bridges in Segment B facilitating pedestrian and bicycle com1.ections to trails dedicated for public usage and sidewalk connections within the public right of way.

C. Article IX, "Funding," of the Project Supplemental Agreement shall be and is hereby revised in its entirety to read as follows:

L County and Town mutually agree to proportionately fund the Direct Project and Program cost as follows.

2. Notwithstanding any provision in the Master Agreement, any amendment thereto, if any, this PSA or any other agreement between the pruties, County's total obligation to this Project is to provide funding in rul amount not to exceed Three Million One Hundred Eighty Thousand Dollars and no cents ($3,180,000.00) for the Total Project Costs, less any in-house project delivery costs not to exceed $680,000.00 as set forth in Article VIII, Item 4 (this amount includes $1,050,000 to fund Segment F Brookhaven Trnil with MCIP project No. 17701). If the total Project costs excluding trail amenities or utility bettennents should exceed this amount, the Town and County agree to amend the Project's scope to remain within the current estimated Not To Exceed Amount or all County Commissioners Court approved, additional Project costs. MCIP funding of $2,680,000.00 shall be combined with $500,000 which shall be transferred from Road and Blidge District 1 funding to Fund 196, Project 08201 for use in the above stated Project.

3. Town agrees to encunlber an runount adequate for totaI estimated Project costs as dctennined prior to the commencement of each Project milestone. With respect to Segments A-E of the Project, for which Town is the Lead Agency, Town shall invoice County for payment for Segments A-E of the Project as defined in thc Current Cost Estimates and Funding Sources, Attachment "B". The County will pay costs for Segments A-E of the Project as invoiced by the Town in accordance with the Texas Prompt Payment Act.

With respect to Segment F of the Project, for which County is the Lead Agency, County shall invoice Town for payment for Segment F of the Project as defined in the Current Cost Estimates and Funding Sources, Attachment "B". Town will pay costs for Segment F of the Project as invoiced by County in accordance with the Texas Prompt Payment Act subject to receipt offund from NCTCOG.

Drs! AmeJ1f!IJJmJ.. to titf4.m>jec/ SIJJ1JllemeJ1!glL11uSlg!!J§lJl ::::...AdJii§oll Multi Modal Conn<!f[irJ1J!.l!..l!Jl((wements (MCI? J03QJ1 11·12

4

50

4. Town covenants and agrees that it has included Paving and Drainage Amenities, Utility Betterments as defined in the Master Agreement, and relocation or adjustment of Town Utilities in Segments A-E of the Projeet. Town and County agree that Town, in addition to the above listed Project cost for Segments A-E, shall pay 100% of each item and all additional County Direct Project and Program Cost for the inclusion of snch items in Segments A-E oftl1e Project.

5. The Town will be responsible for its share of MCIP eligible costs, which are estimated to be Six Million, Olle Hundred Seventy-Six Thousand, Eight Hundred Seventy-Five Dollars and no cents. ($6,176,875.00). This amount includes $1,176,875.00 to fund Segment F Brookhaven Trail with MCIP project No. 17701. If the total Project costs should exceed this amount, the Town agrees to amend the Project's scope to remain within the current estimated not to exceed amount or be responsible for all additional projeet costs.

6. Any residual MCIP funding from one segment can be allocated towards another segment matching up to 50% on MCIP eligible items as described in Attachment "B".

D. The term "Project" as used in the PSA shall mean and include Segments A-E within ilie Town and Segment F located in the City of Farmers Branch, Texas between Brookhaven College and ilie Town of Addison.

HI. Attachments:

The Attachment of the Project Supplemental Agreement shall be amended by the following:

I. This PSA is adding Attachment A-I, Scoping Sheets for Segment F.

2. 'n1is PSA is replacing the CUlTent Cost Estimates and Funding Sources page "B2" and page "B3" of Attachment "B".

IV. Other:

A. Capitalized terms used in this First Amendment and not defined herein have the meanings given to them in the PSA and the Master Agreement.

B. The above and foregoing recitals to this First Amendment are true and correct and incorporated into and made a part of tl1is First Amendment.

C. Except to ilie extent modified or amended herein, all oilier terms and provisions of the PSA shall remain unchanged and in full force and effect. To the extent of any conflict between this First Amendment and ilie PSA, the terms and provisions of this First Amendment shall eontroL

The County of Dallas, State Commissioners Court Order Number _______ ,201_.

of Texas, has executed this First Amendment pursuant to _____ and passed 011 the _ day of __ _

The Town of Addison, State of Texas, has executed this First Amendment pursuant to duly aulJy:>rized City Council Reseltlttoo-___ , ~4jn1Jtes ~_, dated the ___ o_dayof d~ ,201-1. FtrstA1!1eJldmenf to tire,Project SWll1f!-.lJ.i1t.!1({1l gngment - Addisoll Mulji "'{oda! Conue£1il'..iJJ!1mp/,oYJ!JJl?nt.'L{MCfP ]03(7) 11,12

5

51

Town of Addison

Printed Name

Title

Date: -2L '"2..-\y--=--t(--'-"'! 5=--Attest:

Connty of Dallas

By: Clay Lewis Jenkins DaJlas County Judge

Date: ________ _

Approved as to Form*: Craig Watkins District Attorney

Teresa ~erra Snelson Chief,(};. il Di~ist

BY:~lL("z~ t:~ ./ She~riTurner Assistant District Attorney

*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. OUf review of this document was conducted solely from' the legal perspective of our client. Our approval of this documemrt was offered solely for the benefit of our client. Other parties should not rely on thfs approval, and should seek review and approva! by theiv own respective attorney{s).

Firs(&71f!n41!JJUlLlo the PJ:JJ1Cf.C! L~'.um2Lt.ll!1§Jl1gli1m:f§'!11Q1J1 ··-Addison Multi Modal Connecfivitv l!JJprovem@lsOdClF ltf!1QJJ. lH2

6

52

ATTACHMENT A (Seoping Sheets)

.

53

ATTACHMENT A Project Supplemental Agreement to Master Agreement Governing

Transportation Major Capital Improvement Projects

PROJECT SCOPING SHEETS FOR MULTIUSE PATHWAYS (TRAILS) Segments F of Addison Multimodal Connectivity Improvements

MCIP Project: 17701

SPECIFIC R.O.W. ALIGNMENT DESCRIPTION

City or Town Council approves of the Financing, Construction or Improvement on the Vitruvian Park Trail System project with Dallas County. The right of way will have an approximate width of9' feet or as otherwise necessary and convenient for construction of the project and consent to acquire by easement wbich Dallas County Commissioners Court or City/Town Council determines is necessary or convenient to the project.

LEAD AGENCY: LEAD AGENCY'S PROJECT MANAGER: CONTACT INFORMATION: PROJECT LL\1ITS: PROJECT LENGTH: bicycle/pedestrian portion ofthree bridges:

Dallas County Public Works Komala N arra P.E 2] 4-653-6164 Brookhaven Trail Project 4,850 Linear Feet inclUding three

MAP IDENTIFYING LIMITS AND PREFERRED ALIGNMENT: <PLEASE INCLUDE A MAP WITH AERIAL IMAGERY THAT IDENTIFIES THE PROJECT LIMITS AND SHOWS THE PREFERRED ALIGNMENT OFTHE PROPOSED MULTIUSE PATHWAY. PLEASE EITHER INSERT SMALL MAP HERE OR ATTACH MAP AS THE FOLLOWING PAGE>


Transportation Major Capital Improvement Projects PROJECT SCOPING SHEETS FOR MULTIUSE PATHWAYS (TRAILS)

Segments F of Addison Multimodal Connectivity Improvements MCIP Project: 17701

EASEMENT TOPICS

IN THE TABLE BELOW LIST EACH AGENCYIENTITY WITH PROPERTY AFFECTED BY ALIGNMENT (E.G. DART, ONCOR, TxDOT) Al'<'D FOR EACH PROPERTY OWNER LIST EASEMENT TYPES (E.G. SIDEWALK, TRAIL, SHARED USE).

1----f Southern

Wk'V"W~

I Proposed Proposed Proposed Proposed Agency or Entity I roximate Approximate Pavement Shoulder Easement Easement to Grant Easement t

lent Start Segment End Width Width Width Type (ft) (ftL (ft)

~ line near North Property Line of 12.00 ft 2.00 if 12.00ft permanent DCCCD Brookhaven College

I I

r= ----I--~-

~~ !

----

01 ~

55



PROJECT SCOrING SHEETS FOR MULTIUSE PATHWAYS (TRAILS) Segments F of Addison Multimodal Connectivity Improvements

MCIP ProJect: 17701

EASEMENT TOPICS

RIGHT OF WAY CONSTRAINTS, IF ANY, PROVIDE A LIST AND DESCRIPTION ALONG WITH DATA FOR RISK ASSESSMENT: 0 YES [gJ NO

ANY NON-ROUTINE, i.e., CEMETARY, JUNK YARD, OLD CHURCHES, SERVICE STATIONS, CONTAMINATED SOILS, LANDFILLS, NOISE WALL CONSIDERATIONS, TRAILER PARKS, RESIDENT RELOCATION? 0 YES ~ NO If yes, please define below:

ANY NON-CONFORMING ISSUES? DYES ~ NO

ANY WATER WELLS? DYES ~ NO

EASEMENTIR.O.W. MAP NEEDED? ~ YES 0 NO

FIELD NOTES NEEDED? DYES ~ NO

R.O.W. PLATS NEEDED? ~ YES 0 NO

R.O.w. ACQUISITION? DYES {;:gj NO

TREE MITIGATION ORDINANCE? DYES ~ NO

P ARKING/LOSS OF PARKING CONSIDERATIONS? DYES [gJ NO

HISTORICAL SITE CONSIDERATION? DYES ~ NO

56




MCIP Project: 17701

TRAIL PAVEMENT AND ALIGNMENT TOPICS

PAVEMENT SECTION AASHTO, TAS, City of Fanners Branch,

DESIGN STANDARDS TO BE USED? NCTCOG (e.g. AASHTO, TAS)

ORDER OF PRECEDENCE OF STANDARDS AASHTO, TAS City of Fanners Branch, NCTCOG

PAVEMENT WIDTH:

Existing: None

Proposed: 8' - 12'-0" Trail and 12'.on bridge structure

BICYCLE DESIGN SPEED 12 MPH

PAVEMENT CROSSFALL (1-2%): 2% max,

GRADE REQUIREMENTS:

Any deep cuts, high fills? 0 YES f2J NO

Maximum vertical grade: 5.0 %

Density measurements required: f2J YES 0 NO

Will switchbacks be necessary to comply with grade requirements: 0 YES f2J NO

57



PROJECT SCOPING SHEETS .FOR MULTIUSE PATHWAYS (TRAILS) Segments F of Addison MultimodaI Connectivity Improvements

MCIP Project: 17701

TRAIL PAVEMENT AND ALIGNMENT TOPICS (continued)

ROADWAY CROSSINGS INVOLVED? IZI YES 0 NO

DRIVEWAY CROSSINGS INVOLVED? IZI YES 0 NO

RAILROAD CROSSINGS INVOLVED? DYES IZI NO

BRIDGES OR GRADE SEPARATIONS? IZI YES 0 NO If yes, please specify facility(ies) below:

Bicycle/pedestrian bridge over Farmers Braneh Creek Tributary

MINIMUM RAILING HEIGHT 42"

SIGNAGE AND/OR DISTA.NCE MARKERS? YES If yes, please specify types and generallyAescribe locations:

PAVEMENT STRUCTURE

MAINTENANCE VEHICLE TRAFFIC? IZI YES 0 NO

MINIMUM PAVEMENT STRUCTURE THICKNESS: 6"

CONCRETE REINFORCEMENT TYPE (E.G. REBAR OR FIBER): #3 Rebars at 18" OC

EXPANSION JOINT INTERVALS: 40'-50'

EXPANSION JOINT MATERIAL: Redwood

58




MCIP Project: 17701

DRAINAGE TOPICS

STORM SEWER DESIGN CRITERIA: o TxDOT 0 CITY o HYDRO-35 I2:J TP-40

INLET DEPTHS (APPROPRIATE FOR PAVEMENT THICKNESS) nJa

MINIMUM COVER FOR LATERALSnia

BRIDGES/BOXCULVERTS INVOLVED? I2:J YES 0 NO If yes, specify involvement: I2:J BRIDGE(S) I2:J BOX CULVERT(S)

FLOOD PLAIN CONSIDERATION? I2:J YES o NO

If yes, what frequ"ncy storm event does the trailnceu to remain dear of? 100

If yes, how many feet of freeboard are reqnired? subject to city's further verification

PERMITS

COE 404 PER.,.\1ITS NEEDED DYES ~ NO

TNRCC 401 PERMIT DYES I2:J NO

CDCPERMlT DYES I2:J NO

EIS DYES ~ NO

ADA PERMIT I2:J YES 0 NO

TDLRPERMIT I2:J YES 0 NO

ANY OTHER PERMITS FROM OTHER AGENCIES SUCH AS TxDOT, DFW AIRPORT, DART, ETC.? I2:J YES D NO If yes, please document below:

59




MCIP Project: 17701

UTILITIES

LIST OF ALL KNOWN UTILITIES:

Water, sanitary sewer7 stonn drain, gas, telecommunications, electric all cross the proposed trai1 system

DOCUMENT KNOWN RISKS (TRA lines, Transmission Towers, Lone Star Gas Valve Stations) FOR OUR UTILITY PARTNERS:

None

ARE UTILITIES ALONG PROPOSED PA THW A Y? ~ YES 0 NO

DO UTILITIES OWN THEIR R.O. W. OR HA VE PREVIOUS EASEMENTS? ~ YES 0 NO 0 UNDETERMINED If yes, please describe below:

Sanitary Sewer and Water line easements

IF NECESSARY, HAS WORK ORDER BEEN ISSUED FOR SUE (Subsurface Utility Engineering)? DYES 0 NO ~ NOT NECESSARY

ANY UNUSUAL CONSIDERATIONS? 0 YES If yes, please document below:

WATER UTILITY BETTERMENTS? DYES

W ATERUTILlTY RELOC.? DYES

SAN. SEWER BETTERMENTS? DYES

SAN. SEWER RELOC.? DYES

~

~

~

~

~ NO

NO

NO

NO

NO

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MCIP Project: 17701

ADDITIONAL TOPICS OF CONCERN

LANDSCAPING (OTHER THAN SODDING)? DYES [gJ NO

EXPOSED AGGREGATE DRIVEW AYS, SIDEWALKS? 0 YES [gJ NO

STAMPED/COLORED CONCRETE? DYES [gJ NO

IRRIGATION? o YES [gJ NO

BRICK PAVERS? [gJ YES 0 NO rfyes, please define location(s):

TRAIL LIGHTING? DYES [gJ NO

If yes, please define location( s land spaeing of liilhtinilyoles:

TRAFFIC/CROSSING SIGNALS? 0 YES [gJ NO

CROSSWALK MARKINGS? DYES [gJ NO

ON-STREET DEDICATED BIKE LANES?D YES [gJ NO rfycs, specify width:

BUS STOPS OR BUS SHELTERS? 0 YES [gJ NO

RETAINING WALLS? [gJ YES 0 NO If yes, please specifywall type (stone, blocks, gabions, proprietary types, etc.):

Concrete retaining walls, adjacent to trail

DECORATIVE RAILINGS?

LOGO COLUMNS?

DYES

DYES

[gJ NO

[gJ NO

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MOP Project: 17701

ADDITIONAL TOPICS OJ:<' CONCERN (Continned)

SOD, SEEDING, TOPSOIL?

[6J SOD [6J SEEDING [6J TOPSOIL o OTHER:

WAYFINDINGMAPS? [6J YES o NO

ANY ADDITIONAL AMENITIES (NOT NECESSARILY FUNDED BY COUNTY) ADJACENT TO TRAIL (E.G. 911 MARKERS, BENCHES, FOUNTAINS, LOGOS, TRASH CANS)? If yes, please specify amenity(ies) below:

ANY PARALLEL FACILITIES PLANNED (E.G. JOGGING PATH NEXT TO CONCRETE MULTIMODAL PATHWAy)? 0 YES [6J NO

CONSTRUCTION AREA LIMITS OF DISTURBANCE: 12 Acres

SPECIAL SCHOOL OR EMERGENCY VEHICLE CONSIDERATIONS

ANY NEARBY OR ADJACENT SCHOOLS, PARKS, CITY HALL, FIRE OR POLICE DEPARTMENT REQUIRING SPECIAL CONSIDERATION? [6J YES 0 NO If yes, please list the special consideration(s) below:

The Trail is located in Brookhaven College Campus

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MCIP Project: 177()1

PUBLIC INVOLVEMENT

NEIGHBORHOOD MEETING, REQUIRED? DYES [8J NO

HAVE ALL NEIGHBOR GROUPS PROVIDED EARLY INPUT? DYES 0 NO [8J N/A

IF REQUIRED WHO CONDUCTS, CITY OR COUNTY? o CITY 0 COUNTY [8J N/ A

DOCUMENT POTENTIAL SITES FOR PUBLIC AND/OR NEIGHBORHOOD MEETINGS:

CONSTRUCTIBILITY REPORT

FROM INSPECTION STAFF, DOCOMENT ANY AND ALL ISSUES THAT MAY AFFECT PROJECT SCOPE, BUDGET, CONSTRUCTlBILTY, THE PROJECT SCHEDULE AND/OR THE SAFETY OF PROJECT?

64

AT ACHMENT B (CURRENT COST ESTIMATE AND FUNDING SOURCES)

65

CURRENT COST ESTIMATES AND FUNDING SOURCES

On January 19, 2010 Dallas County Commissioners Court approved participation in Transportation Major Capitallmprovement Projects for the Program Years 2010 through 2017 by Court Order 2010-0139 with a list of proposed accepted projects attached to the Court Order. This Court Order allocated a total not to exceed amount of$2,100,000.00 for MClP Project 10307, with $500,000.00 allocated in FY 2010 and $1,600,000 allocated in FY 2011. This Court Order also allocated $280,000.00 in FY 2011 for MCIP Project 17701, Addison Trail Phase 2, which has recently been named Redding Trail. The total amount of $2,380,000.00 for MCIP projects 10307 and 17701 will be reassigned through this PSA as fo Hows:

MCIP Project 10307 will be assigned $2,130,000.00 for the project limits from Sonth Pedestrian Bridge to Les Lacs Trails and along Spring Valley from Woodway Drive to Vitruvian Way.

The remainder of $250,000.00 will be assigned in a separate project to MCIP 17701, SEGMENT F (BROOKHAVEN CONNECTION) from Brookhaven College in the City of Farmers Branch to the Vitruvian Trail in the Town of Addison. This SEGMENT F facilitates an essential regional cOImection for MCIP Project 10307. On October 30, 2012 through Court order No. 2012-1843 County has allocated additional funding of $800,000.00 towards Brookhaven Trail Connection Project. There by increasing Total project amount to $1,050,000.00

Town of Addison allocated NCTCOG Sustainable Development Grant of minimum $ 1,176,875.00 towards Brookhaven Trail Connection Project.

From the aforesaid $3,180,000.00, COUNTY project delivery costs including but not limited to design review and construction inspection in an amount to not exceed $680,000.00 will be deducted from County financial participation.

TOWN AND/OR OTHERS PARTICIPATION $6,176,875.00

DALLAS COUNTY PARTICIPATION (less project delivery costs) $2,500,000.00

TOTAL ESTIMATED PROJECT COSTS $8,676,875.00

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SUMMARY OF DALLAS COUNTY FUNDING PARTICIPATION

For this MCIP project Dallas County financial participation is not to exceed Two Million One Hundred and Thirty Thousand Dollars ($2,130,000.00). The following is a summary of County funding commitments for MCr? eligible items by segment:

Segment A Construction of eligible trail items from South Pedestrian Bridge to Vitruvian Way

Segment B Construction of eligible bridge items that provide connectivity to Segment A

Segment C Sidewalk along Vitruvian Way from Ponte Avenue to Spring VaHey Road

Segment D Widening of Spring Valley Rd from Woodway Drive to east ofVitruvian Way intersection, including trail along north side of Spring Valley Rd and the rcconfiguration of the intersection at Vitruvian Way and Spring Valley Road

$ 1,000,000.00*

$ 700,000.00**

$ 0.00***

$ 100,000.00****

Segment E Construction of Redding Trail ii'om north of Spring Valley Road to $ 200,000.00***** (Oxisting Les Lacs trail network system ncar ShellY Lane

TOTAL COUNTY FUNDING COMMITMENT FOR SEGMENTS ENTIRELY WrrIDN THE TOWN OF ADDISON: $ 2,130,000.00

TOTAL COUNTY FUNDING COMMITMENT FOR SEGMENT F (MCIP 17701 -BROOKHA YEN CONNECTION): $ 1,050,000.00

Dallas County In House Project Delivery (TIIPD) rees $ 680,000.00

TOTAl" OVERALL COUNTY FUNDING COMMITMENT: $ 3,180,000.00

NOTE: Remaining County MCIP funding from Segments A, B or E can then be applied towards 50% of the funding amonnt for MCIP eligible items on Segments C and D.

* NTE amount, Detailed list of eligible items and level of participation listed in Table BI ** NTE amount, Detailed list of eligible items and level of participation listed in Table B2 * ** Final sidewalks will be constructed upon completion of vertical construction to prevent damage to the

new sidewalks, Full build out along Vitruvian Way anticipated to occur gradually over several years. **** This represents the remaining available funds from overall commitment after maximizing County match

for MCIP eligible items in Segments A, B, and E. Remaining County MClP fi.mding from Segments A, B or E can then be applied towards Segment C or D, up to 50% ofthe funding amount for MClP eligible items.

***** NTE amount, Detailed list of eligible items and level of partiCipation listed in Table B3

April 30, 2013


MEMORANDUM



67

"P-JTY u" jS COURT

Mf 9: 25

SUBJECT: REGIONAL TOLL REVENUE (RTR) ADVANCE FUNDING AGREEMENT BETWEEN DALLAS COUNTY ANn STATE OF TEXAS (For Cockrell Hill Road MelP Project 42301 from North of Moler Street to Davis Street)

BACKGROUNn

The State of Texas, acting by and through the Texas Department of Transportation (the State) has received money from the North Texas Tollway Authority for the right to develop, finance, design, construct, operate, and maintain the SH 121 toll project from Business SH 121 in Denton County to US 75 in Collin County (SH 121 payments).

Pursuant to Transportation Code 228.006, the State shall authorize the use of surplus revenue of a toll project for a transportation project, highway project, or air quality project within the district of the Texas Department of Transportation (TxDOT) in which any part of the toll project is located. Pursuant to Transportation Code, §228.012 the State has created a separate snbacconnt in the state highway fnnd to hold such money (SH 121 Subaccount), and the State shall hold such money in trust for the benefit of the region in which a project is located, and may assign the responsibility for allocating money in the subaccount to a metropolitan planning organization (MPO).

On October 26, 2006, the Texas Transportation Commission (the Commission) approved a memorandum of understanding (MOU) with the Regional Transportation Council (RTC), which is the transportation policy council of the North Central Texas Council of Governments (NCTCOG) and a federally designated MPO, concerning in part the administration, sharing, and use of surplus toll revenue in the region. Unter the MOU, the RTC shall select projects to be financed using surplus revenue from a toll project, subject to Commission concurrence.

Dallas County (County) has requested money from the SH 121 Subaccount for the reconstruction of roadway and the reconfiguration of intersection with Jefferson Boulevard including approaches on Cockrell Hill Road from North of Moler Street to Davis Street MCIP 4230 I (Project). The RTC has selected the Project to be funded from the SH 121 Subacc()unt and the Commission concurred in the selection and anthorized the expenditure of money.


68

Government Code, Chapter 79 I and Transportation Code, §20 1.209 authorize the State to contract with municipalities and political subdivisions to perform governmental functions and services.

NCTCOG and the RTC should have authority to assist the Local Government's implementation of financial reporting and environmental review related to! a transportation project funded by the State using money from the SH 121 Subaccount.

FINANCIAL IMPACT

The total project cost is currently estimated to be Five Million, Two HWldred Eighty-Seven Thousand Dollars and no cents ($5,287,000.00). To fu>lfill the required match County will contribute an amount of Seven Hundred Fifty-Seven Thousand, Five Hundred Dollars and no cents ($757,500.00) including County in-house delivery costs of the Project. Cc>unty financial participation is not to exceed the financial participation of the State for this Project. Cmanty participation may increase based on the final cost estimate and Commissioners approval. State will provide funding in the amount of Four Million. Five Hundred Thirty Thousand Dollars and no cents ($4.53(11.000.00) in RTR funds.

TERM

The term of this Agreement shall be from the last date of execution of this Agreement uutil the completion ofthe Project.


Dallas County partners with the State and ",ther entities to implement transportation projects, which is consistent with Vision 1: Dallas County i!;; a model interagency partner, Vision 4: Dallas County proactively addresses regional issues aud! Vision 5: Dallas County is a destination of choice for businesses and residents.

RECOMMENDATION

It is recommended that the County Judge aulthorize the attached Funding Agreement between the State of Texas and the County of Dallas for the recmflstruction of roadway and the reconfiguration of intersection with Jefferson Boulevard including approaches on Cockrell Hill Road from North of Moler Street to Davis Street MCIP 42301. If the Commissioners Gourt is in agreement, a COUlt order will be placed on the next fonnal agenda authorizing the execution of !hi!;; agreement.

Approved by:

~~~--..::---Albertat~~ Director of Public Works

Attachments (RTR Advance Funding Agreement Between Dallas County and State of Texas)

CSJ: 0918-47-035 Project: Cockrell Hill Road

69

Limits: North of Moler Street to Davis Street County: Dallas District: 18-Dallas Code Chart: 50057 Funding Category: 3 - RTR (SH 121 Subaccount)

STATE OF TEXAS §

COUNTY OF TRAVIS §

ADVANCE FUNDING AGREEMENT FOR A PROJECT USING FUNDS HELD IN THE

STATE HIGHWAY 121 SUBACCOUNT

City Street Improvements

(Off State System)

THIS AGREEMENT (the Agreement) is between the State of Texas, acting by and through the Texas Department of Transportation (the State), and Dallas County, (Local Government), collectively, the "Parties."

WITNESSETH

WHEREAS, the State has received money from the North Texas Tollway Authority for the right to develop, finance, design, construct, operate, and maintain the SH 121 toll project from Business SH 121 in Denton County to US 75 in Collin County ("SH 121 payments"); and

WHEREAS, pursuant to Transportation Cocile, 228.006 the State shall authorize the use of surplus revenue of a toll project for a tr:ansportation project, highway project, or air quality project within the district of the Texas Department of Transportation in which any part of the toll project is located; pursuant to Transportation Code, §228.012 the State has created a separate subaccount in the state highway fund to hold such money (SH 121 Subaccount), and the State shall hold such money in trust for the benefit of the region in which a project is located, and may .assign the responsibility for allocating money in the subaccount to a metropolitan planning organization (MPO); and

WHEREAS, in Minute Order 110727, dated October 26, 2006, the Texas Transportation Commission (the "Commission") approved a memorandum of understanding (MOU) with the Regional Transportation Council (RTC), which is the transportation policy council of the North Central Texas Council of Governments (NCTCOG) and a federally deSignated MPO, concerning in part the administration, siharing, and use of surplus toll revenue in the region; under the MOU the RTC shall select projects to be financed using surplus revenue from a toll project, subject to Commission corncurrence; and

RTR Off System Revised 09/10/2012

Page 1 of 9

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70

Funding Category: 3 - RTR (SH 121 Subaccount)

WHEREAS, the Local Government has requested money from the SH 121 Subaccount for: the reconstruction of roadway and the reconfiguration of intersection with Jefferson Boulevard including approaches on Cockrell Hill Road from North of Moler Street to Davis Street (CSJ 0918-47-035) (Project); the RTC has selected the Project to be funded from the SH 121 Subaccount; and the Commission concurred in the selection and authorized the expenditure of money in Minute Order 113473, dated January 31,2013; and

WHEREAS, the Local Government is a political subdivision and governmental entiiity by statutory definition; and

WHEREAS, Government Code, Chapter 791, and Transportation Code, §201.209 authorize the State to contract with municipalities and political subdivisions to perform governmental functions and services; and

WHEREAS, NCTCOG and the RTC should have authority to assist the local Government's implementation of financbl reporting and environmental review related to a transportation project funded by the State using money from the SH 121 Subaccount..

NOW, THEREFORE, the Parties agree as follows:

AGREEMENT

Article 1. Time Period Covered This Agreement becomes effective when signed by the last party whose signing makes the agreement fully executed, and the State and the Local Government will considelr it to be in full force and effect until the Project described herein has been completed! and accepted by all parties or unless terminated, as hereinafter provided.

Article 2. Project Funding The State will pay money to the Local Government from the SH 121 Subaccount fin the amounts specified in Attachment A, Payment Provision and Work Responsibilities. Except as provided in the next succeeding sentence, the payments will begin no later than IUpon the later of the following: (1) fifteen days after the Legislative Budget Board and the Governor each approve the expenditure, in accordance with Rider 18 of the Texas Department of Transportation bill pattern in House Bill 1, 8ih Legislature; and (2) thirty days after execution of this Agreement. If Attachment A shows that the RTC has allocated payments to the Local Government for a certain expenditure (e.g. construction) fom- the Project in a certain fiscal year, then the State will make the payment from the SH 121 Subaccount to the Local Government for such expenditure no later than 30 days afterr the beginning of the designated Fiscal Year. A Fiscal Year begins on September 1 (for example, the 2013 Fiscal Year began September 1,2012).


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71


Article 3. Separate Account; Interest All funds paid to the Local Government shall be deposited into a separate account, and interest earned on the funds shall be kept in the account. Interest earned may be used only for the purposes specified in Attachment A, Payment Provision and Work Responsibilities, and only after obtaining the written approval of the RTC. The Local Government's use of interest earned will not count towards the 20 percent local match requirement set forth in this Agreement.

Article 4. Shortfalls in Funding The Local Government shall apply all funds to the scope of work of the Project described in Attachment A, Payment Provisions and Work Responsibilities, and to none other. All cost overruns are the responsibility of the Local Government. However, should the funds be insufficient to complete the work contemplated by the Project, the Local Government may make further request to the RTC and the State for additional funds from the SH 121 Subaccount. Funds may be increased only through an amendment of this Agreement. If the SH 121 Subaccount does not contain sufficient funds to cover the balance necessary to complete the Project, or if the RTC or the Commission decline the request for any other reason, then the Local Government shall be responsible for any shortfall.

Article 5. Return of Project Funding The Local Government shall reimburse the State for any funds paid under this Agreement that are not expended in accordance with the requirements of this Agreement. Upon completion of the Project, the local Government will issue a signed "Notification of Completion" document to the State acknowledging the Project's completion. If at project end, or upon termination of this Agreement, excess SH 121 Subaccount funds exist, including interest earned, such funds shall be returned to the State within 30 days. Except for funds the Local Government has already expended in accordance with the Agreement, the Local Government shall return to the State the funds paid under this Agreement together with any interest earned on the funds if the Project is not completed within 10 years of execution of the Agreement.

Article 6. Local Match The Local Government shall be I'esponsible for the required 20 percent local match as described in Attachment A, Payment Provisions and Work Responsibilities. The costs incurred by the Local Government prior to the execution of this Agreement will count towards the 20 percent local match requirement provided such costs are for RTCapproved phases as shown in Attachment A. At the end of each Fiscal Year the Local Government's cumulative expenditures of local match funds must be no less than 20 percent of the cumulative SH 121 Funds received by the Local Government up to that date under the Agreement, and must be for the uses approved for payments of SH 121 Funds up to that date as specified in Attachment A, Payment Provision and Work Responsibilities.


Page 3 of '9


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Article 7. Procurement and Contracting Process The State may review the Local Government's procurement of professional services for engineering, surveying, and right of way acquisition, letting of construction contracts, and conduct of construction management and inspection. The Local Government shall certify compliance with state law and regulations, and with local laws, regulations, rules, policies, and procedures. The Local Government shall maintain a copy of the certification in the project files.

Article 8. Design Standards and Construction Specifications The Local Government shall implement the Project using the Local Government's established design standards, construction specifications, procurement processes, and construction management and inspection procedures,

Article 9. Right of Way Except for right of way owned by the State or to be acquired by the State according to the plans of the Project as approved by the State, the Local Government shall acquire ail necessary right of way needed for the Project. Right of way acquisition is an eligible coSil for reimbursement provided such cost is an RTC-approved phase as shown in Attachment A.

Article 10. Utilities The Local Government shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with State laws and regulations and local laws, regulations, rules, policies, and procedures applicable to the Local Government. The Local Government must obtain advance approval for any variance from established procedures. The RTC-approved costs for utilities as shown in Attachment A, if any, shall be used tOi adjust, remove, or relocate utility facilities,

Article 11. Compliance with Laws, Environmental Review and Public Involvement Each Party shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations, and the orders and decrees of any courts,. administrative bodies or tribunals affecting the performance of the Agreement as applicable to it. When required" the Local Government shall furnish the State with satisfactory proof of compliance. As provided in 43 TAC, Section 2,3(b)(1)(A), the department's environmental review requirements do not apply to the Project because the department is funding the Project solely with money held in a project subaccount created under Transportation Code, Section 228,012, However, the local government shall ensure that the Project complies with all environmental review and public involvement requirements applicable to the Local Government under state and federal law in connection with the Project. The Local Government shall obtain the opinion of legal counsel showing the Local Government's environmental review and public involvement for the Project complies with state law and regulations, and with local laws, regulations, rules, policies, and procedures applicable to


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73

the Local Government. The Local Government shall maintain a copy of the certification in the project files.

Article 12. Compliance with Texas Accessibility Standards and ADA The Local Government shall ensure that the plans for and the construction of the Project is in compliance with the Texas Accessibility Standards (TAS) issued by the Texas Department of Licensing and Regulation, under the Architectural Barriers Act, Article 9102, Texas Civil Statutes. The TAS establishes minimum accessibility requirements to be consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101-336).

Article 13. Work Outside the Project Site The Local Government shall provide both the necessary right of way and any other property interests needed for the Project.

Article 14. Insurance If this agrE"E"ment '1uthorizE"s the Local Grwernment or its mntractor to perform "my work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work.

Article 15. Audit Within 120 days of completion of the Project, the Local Government shall perform an audit of the costs of the Project. Any funds due to the State will be promptly paid by the Local Government.

Article 16. Maintenance The Local Government shall be responsible for maintenance of the Project.

Article 17. Responsibilities of the Parties a. The State and the Local Government agree that neither party is an agent, servant,

or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents.

b. To the extent permitted by law, the Local Governrnent agrees to indemnify and save harrnless the State, its agents and employees frorn all suits, actions or claims and from all liability and damages resulting frorn any and all injuries or darnages sustained by any person or property in consequence of any neglect, error, or omission in the perforrnance of the design, construction, maintenance or operation of the Project by the Local Governrnent, its contractor(s), subcontractor(s), agents and employees, and frorn any claims or amounts arising or recovered under the

RTR Off System Page 5 of 9 Revised 09/10/2012


74


"Workers' Compensation laws"; the Texas Tort Claims Act, Chapter 101, Texas Civil Practice and Remedies Code; or any other applicable laws or regulations, all as from time to time may be amended.

c. The Parties expressly agree that the Project is not a joint venture or enterprise. However, if a court should find that the Parties are engaged in a joint venture or enterprise, then the Local Government, to the extent provided by law, agrees to pay any liability adjudicated against the State for acts and deeds of the Local Government, its employees or agents during the performance of the Project.

d. To the extent provided by law, the Local Government shall also indemnify and save harmless the State from any and all expense, including, but not limited to, attomey's fees which rnay be incurred by the State in litigation or otherwise resisting said claim or liabilities which may be imposed on the State as a result of such activities by the Local Government, its agents, or employees.

Article 18. Notices All notices to either party by the other required under this Agreement shall be delivered personally or sent by certified or U.S. mail, postage prepaid or sent by electronic mail, (electronic notice being permitted to the extent permitted by law but only after a separate written consent of the parties), addressed to such party at the following addresses:

Local Government:

Dallas County Attn: Director of Public Works Dallas County Public Works 411 Elm Street, 4th Floor Dallas, Texas 75202

State:

Texas Departrnent of Transportation Attn: Director of Contract Services Office 125 East 11 th Street Austin, Texas 78701

All notices shall be deemed given on the date so delivered or so deposited in the mail, unless otherwise provided herein. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that such notices shall be delivered personally or by certified U.S. mail and such request shall be honored and carried out by the other party.

Article 19. Right of Access If the Local Government is the owner or otherwise controls access to any part of site of the Project, the Local Government shall perrnit the State or its authorized representative access to the site to perform any activities authorized in this Agreement.

Article 20. Project Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data prepared under this Agreement by the Local Government shall be made available to the State without restriction or limitation on


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their further use. All documents produced or approved or otherwise created by the Local Govemment shall be transmitted to the State in the form of photocopy reproduction as required by the State. The originals shall remain the property of the Local Government. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State.

Article 21. Inspection of Books and Records The Local Government shall keep a complete and accurate record to docurnent the performance of the work on the Project and to expedite any audit that might be conducted. The Local Government shall maintain records sufficient to document that funds provided under the Agreement were expended only for eligible costs that were incurred in accordance with all applicable state and local laws, rules, policies, and procedures, and in accordance with all applicable provisions of this Agreement. The Local Government shall maintain all books, documents, papers, accounting records and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State for review and inspection during the contract period and for four (4) years from the date of completion of work defined under this Agreement or until any pending litigation or claims are resolved, whichever is later. Additionally, the State shall have access to all governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions.

Article 22. NCTCOG Acceptance of funds directly under the Agreement or indirectly through a subcontract under the Agreement acts as acceptance of the authority of NCTCOG and RTC to assist the Local Government's implernentation of financial reporting and environmental review concerning the Project. The Local Govemment shall provide to NCTCOG on a monthly basis a report of expenses, including the Local Government's expenditure of local match funds. The report shall list separately the expenditures by project phase as shown in Attachment A, including but not limited to engineering, environmental review, fight of way acquisition, and construction. The report shall also describe interest earned on money from the SH 121 Subaccount, including the interest rate, interest earned during the month, and cumulative interest earned. The report shall further describe the status of developing the Project. Not less than 60 days before the environmental review document is submitted to the governing body of the Local Government for final approval, the Local Government shall submit the document to NCTCOG for review and comment NCTCOG may provide the Local Govemment technical assistance on the environmental review of the Project as mutually agreed between NCTCOG and the Local Government.

Article 23. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor,


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under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit.

Article 24. Amendments By mutual written consent of the Parties, this contract may be amended prior to its expiration.

Article 25. Termination The Agreement may be terminated in the following manner:

• by mutual written agreement and consent of both parties; • by either party upon the failure of the other party to fulfill the obligati<Jns set forth

herein, after a 45 day period to cure after receiving written notice of noncompliance;

• by the State if the Local Government does not let the construction contract for the Proj"cl within one year afl"r the Stdte first provides 12'1 f-unds for construction as shown in Attachment A, Payment Provision and Work Responsibilities;

• by the State if the Local Government does not complete the Project within ten years after the effective date of the Agreement.

Article 26. Work by Debarred Person The Local Government shall not contract with any person that is suspended, debarred, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal agency or that is debarred or suspended by the State.

Article 27. Sole Agreement The Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter.

Article 28. Successors and Assigns The State and the Local Government each binds itself, its successors, execut<Jrs, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. The Local Government may assign its interests under the Agreement only with the written approval of the State.

Article 29. Remedies The Agreement shall not be considered as specifying an exclusive remedy for a breach of the Agreement. All remedies existing at law or in equity are available to either Party and are cumulative.


Page 8 of 9

CSJ: 0918-47-035 Project: Cockrell Hill Road Limits: North of Moler Street to Davis Street County: Dallas District: 18-Dallas Code Chart: 50057 Funding Category: 3 - RTR (SH 121 Subaccount)

Article 30. Legal Construction

77

If a provision of the Agreement shall be held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision, and the Agreement shall be construed as if it did not contain the invalid, illegal or unenforceable provision.

Article 31. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party they represent.

IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate counterparts to effectuate this Agreement.

THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, estahlished policies or work programs heretofore approved and authorized by the Texas Transportation Commission.

By ______ ~~~--------------_ Janice Mullenix Director of Contract Services Office

THE LOCAL GOVERNMENT - DALLAS COUNTY

By: __ ~--~~~ __ ------------Clay Lewis Jenkins Dallas County Judge

Approved as to Form: Craig Watkins District Attomey

Teres Chief,

Guerra Snelson

vii Di~iSiO~ A, . _

By:'<I4~~~-....)..:: (V'L/'__~-=:.-~_='__ ____ _

Sherri Turner Assistant District Attorney


Page 9 of 9

Date ___________ _

Date __________ _

Oate __________ _

CSJ: 0918-47·035 Project: Cockrell Hill Road Limits: North of Moler Street to Davis Street County: Dallas District: 18·Dallas Code Chart: 50057 Funding Category: 3· RTR (SH 121 Subaccount)

78

ATTACHMENT A Payment Provision and Work Responsibilities

For CSJ# 0918·47·035, the State will pay $4,530,000 from the SH 121 Subaccount for: the reconstruction of roadway and the reconfiguration of intersection with Jefferson Boulevard including approaches on Cockrell Hill Road from North of Moler Street to Davis Street.

In accordance with the allocation of funds approved by the RTC, and concurred with by the Texas Transportation Commission, the State will make payments for the following work in the following Fiscal Years:

PROJECT COSTS

Regional Toll Fiscal Total Revenue (RTR) Local

Description Year Estimate SH 121 Subaccount Government Cost Funds Participation Participation

Engineering 2013 $1,000,000 80% $800,000 20% $200,000

f-BiHht of Way 2013 $725,562 80% $580,450 20% $145,112

I Construction 2014 $3,561,938 88% $3,149,550 12% $412,388

TOTAL $5,287,500 $4,530,000 $757,500

The Local Government required local match is $757,500,

Upon completion of the Project, the Local Government will issue a signed "Notification of Completion" document to the State. The notice shall certify that the Project has been completed, all necessary inspections have been conducted, and the Project is open to traffic.

Attachment A Page 1 of 1

~~ .. :01J~.TY~ DALLAS COUNTY ~~ilt) PUBLICWORKS

41'£ ,,-,,'1-'51 ~

April 30, 2013

MEMORANDUM



79

13

SUBJECT: BROOKHAVEN TRAIL CONNECTION WITH CITY OF FARMERS BRANCH MCIP # 17701 PROJECT SPECIFIC AGREEMENT WITH CITY OF FARMERS BRANCH

BACKGROUND

In June 2010 the Regional Transportation Committee has awarded Town of Addison with NCTCOG Sustainable Development Grant fund to facilitate sustainable connectivity to Addison Trail network system. Town of Addison has distributed these sustainable development grant funds in two Phases. Phase 1 (Addison Multimodal Connectivity project), has been completed and Phase 2 - (Brookhaven Trail Connection Project) is being proposed. Please see attachement A2.

Phase 1 has been led by Town of Addison working with Dallas County and was successfully completed. Phase 2 of this project of the involves various agencies including the Town of Addison, Dallas County Community College District and the City of Farmers Branch. Therefore, Dallas County took the lead in Phase 2 since multi agency experience and partnering are essential to accomplishing this project.The project was presented to the City of Farmers Branch for City Council for approval. City of Farmers Branch accepted the proposed Multimodal pathway, the pedestrian bridge, the permanent trail easement through city Council Resolution No.2012-064 dated 10/16/2012.

Brookhaven Trail, Multimodal Pathway connects Valley View Lane beginning at the southwest property line of Brookhaven College campus and connects at the north end of the college campus to the Town of Addison's Vitruvian development, thereby connecting to Addison Trail Network. The proposed Hike and Bike Trail is 4900 Iflong with 10-12 feet wide pavement width and with 2-foot wide unimproved shoulders, wherever possible, as recommended by AASHTO guide for the development of bicycle facilities. The proposed Trail also includes a pedestrian bridge over Farmers Branch Creek tributary, and is designed according to AASHTO bridge standards (see Attachments A, A-I).

Briefing· Project Specific Agreement Jor Brookhaven Trail MCIP 17701 Page 1 oJ2


FINANCIAL IMPACT

80

County Commissioner's court approved an MCIP funding Commitment for the Addison MultiModal Connectivity Project and Brookhaven Trail Connection Project (Segments A- F), through Court Order No. 2010-1854 dated 11102/2010 is $ 2,380,000.00. Segments A- E, Addison MultiModal Connectivity Project, has been completed. Through Dallas County Commisoners Court Oeder NO.2012-1843 dated 10/30/2012, Dallas County provided additional funding of$ 800,000.00 , increasing its total funding participation to $1,050,000.00. See Attachment BB.

City of Fanners Branch is accepting pennanent trail easement for proposed Brookhaven Multimodal Pathway from DCCCD.


Dallas County partners with Town of Addison and many other cities in Dallas County to implement transportation projects, which is consistent with Vision 1: Dallas County is a model interagency partner and Vision 4: Dallas County proactively addresses critical regional issues.

SCHEDULE

Advertisement Early summer of2013. Begin Construction Early Fall 2013 End of Construction End 0[2014

RECOMMENDATION

It is recommended that the County Judge be authorized to execute the attached Project Specific Agreement with the City of Falmers Branch. If the Commissioners Court is in agreement, a court order will be placed on the next fonnal agenda authorizing the execution of this agreement.

Approved by:

AlbkaL. Blair. P.E. Director of Public Works

Attaclunents (Project Specific Agreement)

Briefing· Project Specific Agreementfor Brookhaven Trail MClP 17701 Page 2 oj2

81

DALLAS COUNTY CAPITAL IMPROVEMENT PROGRAM PROJECT SPECIFIC AGREEMENT

TO.THEMASTER AGREEMENTGOYERNING MAJOR CAPITAL TRANSPORTATION IMPROVEMENT PROJECTS

This Project Specific Agreement (hereinafter called "PSA") to the Master Agreement Governing Transportation Major Capital Improvement Projects ("Master Agreement") is made by and between the City of Farmers Branch, Texas (hereinafter "City"), and the County of Dallas, Texas (hereinafter "County"), acting by and through its duly authorized officials, for the purpose of designing and constructing a pedestrian bridge and a multimodal pathway from Valley View Lane to the Virtruvian Park Development, MCIP Project 1770 I, hereinafter called "Project".

WHEREAS, the Project is located within the City of Farmers Branch and the Town of Addison; and

WHEREAS, the County has requested that it be designated as the Lead Agency for the project and will provide the Project Manager; and

WHEREAS, the County shall enter into an Interlocal Agreement (ILA) with Dallas County Community College District (DCCCD) on behalf of Brookhaven College; and

WHEREAS, the County shall amend its Project Specific Agreement (PSA) with Town of Addison to include this Project; and

WHEREAS, the Town of Addison is a responsible agency and has been awarded a grant from the North Central Texas Council ofGovemments ("NCTCOG") Sustainable Development fund by the NCTCOG Regional Transportation Council ("RTC") and will provide that funding for this Project; and

WHEREAS, Chapter 791 of The Texas Government Code and Texas Transportation Code Section 472.001 provides authorization for local governments to contract with each other for the performance of governmental functions and services, as well as joint funding of road construction or improvements of road or street projects;

NOW THEREFORE THIS PSA is made by and entered into by the City, and the County, for the mutual consideration stated herein.

Witnesseth

Article L Project Specific Agreement

This PSA is to specifically identify the Project, changes in the rights and responsibilities of each of the parties as set forth in the Master Agreement, and additions thereto as incorporated herein. This PSA will be an addition to the Master Agreement and incorporate each of its terms and conditions. All terms of the Master Agreement remain in full force and effect except as modified herein. In the event of any conflict between the Master Agreement and this PSA, this PSA shall control.

Article II Incorporated Documents

This PSA incorporates, as if fully reproduced herein word for word and number for number, the following items:

l. Master Agreement authorized by County Commissioners Court Order 2011·1203, dated July 5, 2011, and additions thereto as incorporated herein.

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2. The Project Scoping Sheets as shown in Attachment "A". 3. Current Cost Estimates and Funding Sources, as shown in Attachment "B". 4. ILAbetweenCounty and. DCCCD. 5. The PSA and the Amendment PSA between the County and the ToWl'1 of Addison 6. Permanent and Temporary Easement as shown in Attachment "C."

Article III Term of Agreement

This PSA becomes effective when signed by the last party whose signature makes the respective agreement fully executed and shall terminate upon the completion and acceptance of the Project by Dallas County Commissioners Court or upon the terms and conditions in the Master Agreement, Article IV.

Article IV Project Description

This PSA is entered into by the parties for public transportation improvements within the City of Farmers Branch, Texas. The "Project", as that term is used herein, is defined as the design and construction ofa multimodal pathway to tie into Valley View Lane and connect from the north edge of the Brookhaven College campus core northward to the Vitruvian Park Development, as well 3S the Addison Trail network. The trail is proposed to be ten (10) fect to twelve (12) feet wide with unimproved shoulders, wherever possible, as recommended by the AASHTO Guide for the Development of Bicycle Facilities. In addition, the Project will include the design and construction of a pedestrian bridge with a prefabricated steel truss span and will have a twelve (12) foot clear width for the trail along with the minimum 42-inch pedestrian railing. The proposed bridge will be designed according to the latest AASHTO, and as more fully described in Attachment "A". The Project will facilitate the movement of public transportation to benefit both the City and the County by, among other things, providing alternate routes for use by pedestrians, bicyclists, and other nonmotorized vehicle operators who would otherwise use public streets within the City and the County for travel, thus, resulting in a reduction in traffic conflicts between such users and motorists traveling on the same streets.

Article V. Fiscal Funding

Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availability of County funding for each item and obligation contained herein. The City sllall have no right of action against the County as regards this PSA, specifically including any funding by the County of the Project in the event that the County is unable to fulfill its obligations under this PSA as a result ofthe lack of sufficient funding for any item 01: obligation from any source utilized to fund this PSA or failure of any funding party to budget or authorize funding for this PSA during the current or future fiscal years. In the event of insufficient funding, or iffunds become unavailable in whole or part, the County, at its sole discretion, may provide funds from a separate source or terminate this PSA. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code.

Notwithstanding anything to the contrary herein, this PSA is expressly contingent upon the availability of City funding for each item and obligation contained herein. The County shall have no

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right of action against the City as regards this PSA, specifically including any funding by the City of the Project in the event that the City is unable to fulfill its obligations under this PSA as a result of thela.c;k!l[sllffiJ:i.elltfllnding for anyjtem or. obligMioJ1. from&ny.sollrc;clltilizcdJofuncl this l'SA or failure of any funding party to budget or authorize funding for this PSA during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the City, at its sole discretion, may provide funds from a separate source or terminate this PSA. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code.

1. County and City Responsibilities:

Article VI Agreements

I. The County will be the Lead Agency for the Project. 2. The City and the County have mutually agreed that the Project limits are two

multimodal pathway segments to tie into VaHey View Lane and connect from the north edge of the Brookhaven College campus core northward to the Vitruvian Park Development, as well as the Addison Trail network, and the construction of a pedestrian bridge. The agreed upon Standard Basic Project Design for the Project is as defined in the Project Scoping Sheets, Attachment "A". Such design shall be the Standard Basic Project Design for the Project and specifically does Hot include Paving and Drainage Amenities or Utility Betterments as defined in the Master Agreement. If the City adds relocation or adjustment of City Utilities or Util ity Betterments, the City agrees that it will pay 100% of the costs of these additions.

3. The Project will require the acquisition of easements and/or right-of-way which is specifically all real property interests needed or convenient for roadway, trail, and/or drainage purposes as shown in the Project design or right-of-way plans and specifically includes all real property interests outside of the designed right-of-way needed, if applicable, or convenient to the construction, drainage, interface with adjoining streets or alleys, driveways or other access ways or other right-ofway/easement. The County will facilitate the aoquisition of all necessary temporary and permanent rights-of-way, easements, and other interests in real property necessary for the Project and will conveyor have conveyed to the City the portions of such permanent rights-of-way, easements or other real property interest located within the City'sjurisdiction; provided, however, temporary construction easements shall be conveyed to the County for the benefit and of County and its contractors during the construction of the Project. Notwithstanding the foregoing, the City shall have no obligation to spend any funds to purchase any interests in real property necessary for the Project or to exercise its power of eminent domain for such purpose.

II. City Responsibilities: 1. The City agrees to execute the necessary agreements for the implementation of the

design and construction ofthe Project mutually agreed upon and incorporated herein by this PSA provided such agreements do not create any financial obligation on the City except to the extent expressly agreed in this PSA.

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2. The City acknowledges and agrees that this PSA constitutes City approval of the preferred alignment and the proposed estimated budget as set forth in Attachment "A"audAttill<hment"B", hereto, reSllectiveLy.

3. The City will retain right to review plans and amendments during preparation of the deliverables under the contract for design and/or construction of the Project.

4. The City shall coordinate with the County and/or its contractor regarding any necessary City-owned utility adjustments for construction of the Project.

III. County Responsibilities:

I. The County shall be the Lead Agency for the Project. The County will provide project management of the Project from commencement of planning to completion of construction.

2. The County shall advertise the Project with the City-funded items as optional bid items.

IV. Funding: The County and the City mutually agree to proportionately fund the Project cost as follows: 1. Notwithstanding any provision in the Master Agreement, this PSA, any amendment

thereto, or any other agreement between the parties regarding this Project, the total Project cost is estimated at Two Million One Htmdred Fifty Thousand Dollars and no cents ($2,150,000). The County's total obligation to this Project is to provide funding in the amount not to exceed Two Hundred Fifty Thousand Dollars and no cents ($250.000.00), reduced by the County's share of in-house project delivery costs. Project costs may include all County project delivery costs including, but not limited, to preliminary scoping and research, preliminary design services, special services, primary design services, inspection, laboratory services and construction.

2. The City is not responsible for any Project Cost. 3. The Town of Addison has been awarded One Million, One Hundred Seventy-Six

Thousand, Eight Hundred Seventy-five Dollars and no cents ($1,176,875.00) in North Central Texas Council of Governments ("NCTCOG") Sustainable Development funding by the NCTCOG Regional Transportation Council ("RTC") and will provide that funding for this Project.

Article VII Miscellaneous

I. No Third Party Beneficiaries. The terms and provisions of this PSA are for the benefit of the parties hereto and not for the benefit of any third party. It is the express intention ofthe City and the County that any entity otherthan the City or the County receiving services or benefits under this PSA shall be deemed an incidental beneficiary only. This PSA is intended only to set forth the contractual rights and responsibilities of the parties hereto.

n. Applicable Law. This PSA is and shall be expressly subject to the Sovereign Immunity of the County and the Governmental Immunity of the City pursuant to Title 5 of the Texas Civil Practice and Remedies Code, as amended, and all applicable Federal and State Law. This PSA shall be governed by and construed in accordance with the laws and case decisions of the State of Texas.

PSA - City of Farmers Branch for MClP !O77]: Page 4 (kbll 0/1112:57140)

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Exclusive venue for any legal action regarding this PSA filed by either the City or the County shall be in a state court in Dallas County, Texas.

·ItI~ Notice. Anynoticeprovidedforirrthis·PS*to-begiven··byeitherpartytothe·other;shallue required to be in writing and shall be deemed given when personally delivered, or two (2) business days after being deposited in the United States Mail, postage prepaid, certified, returned receipt requested, or registered addressed as follows:

To County: County of Dallas Alberta L. Blair, P.E. Director of Public Works Dallas County Administration Building 411 Elm Street, Fourth Floor Dallas County, Texas 75202-3389

To City: City of Farmers Branch Attn: Gary D. Greer, City Manager 13000 William Dodson Parkway Farmers Branch, Texas 75234

With Copy to: Peter G. Smith, Esq. Nichols, Jackson, Dillard, Hager & Smith, LLP 500 N. Akard, Suite 1800 Dallas, Texas 7520 I

Either party may change its address for notice by giving the other party notice thereof.

IV. Assignment. This PSA may not be assigned 01" transferred by either party without the prior written consent of the other party.

V. Binding Agreement; Parties Bound. This PSA has been duly executed and delivered by both parties and constitutes a legal, valid and binding obligation ofthe parties, their successors and permitted assigns.

VI. Amendment. This PSA may not be amended except in a written instrument specifically referring to this PSA and signed by the parties hereto.

VII. Number and Gender. Worcls of any gender used in this PSA shall be held and construed to include any other gender and words in the singular shal.i include the plural and vice versa, unless the context clearly requires otherwise.

VIII. Connterparts. This PSA may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

IX. Severability. If one or more <Dfthe provisions in this PSA shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not cause this PSA to be invalid, illegal or unenforceable, but this PSA shall be construed as if such provision had never been contained herein, and shall not affect the remaining provisions of this PSA, which shall remain in full force and effect.

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X. Entire Agreement. This PSA embodies the complete agreement of the parties, supersedes all oral or written previous and contemporary agreements between the parties and relating to matters in .th~PSA.,.

XI. Contingent. This Agreement is expressly subject to and contingent upon formal approval by the Dallas County Commissioners Court and by resolution of the City's City Council. This PSA is also contingent upon execution of an agreement between the County and the Dallas County Community College District as well as the Agreement between the County and the Town of Addison regarding their respective obligations toward design, construction, and funding of the Project. If either offoregoing agreements terminates, this PSA shall terminate as well unless the County and the City expressly agree in writing to the contrary.

PSA - City of Farmers Branch for MClP 10771: Page 6

(Signatures on following page)

(kbIlO/11l257140)

87

The City of Fanners Branch, State of Texas, has executed this PSA pursuant to duly -'ll!th()riz~Cit.l'C;ouncil Resollllion;ziJl Z -0(;1- dated andappmvedthe)fR t4day of .. OCWf5t38,. 2012.

The County of Dallas, State of Texas, has executed this PSA pursuant to Commissioners Court Order Number and passed on the day of ,2012.

County of Dallas City of Farmers Branch

Clay Lewis Jenkins, County Judge

Date

Approved as to Form*: Attest: Craig Watkins

D7t='--/ By:· {~

Assistant District Attorney

:2 N ?~ L~/J ( t/!~~~~~;/~ Angela Ke'lly, City Secretary (j APPROVED AS TO FORM:

*By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review ofthis document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s).

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88


Transportation Major Capital Improvement Pmjects


.. ......... MC[PProjec£iT770i

SPECIFIC R.O. W. ALIGNMENT DESCRIPTiON

City or Town Council approves of the Financing, Construction or Improvement on the Vitruvian Park Trail System project with Dallas CmOlty. The right of way will have an approximate width of 9' feet or as otherwise necessary and convenient for construction of the project and consent to acquire by easement which Dallas County Commissioners Court or City/Town Council determines is necessary or convenient to the project.

LEAD AGENCY: LEAD AGENCY'S PROJECT MANAGER: CONTACT INFORMATION: PROJECT LIMITS: PROJECT LENGTH: bicycle/pedestrian pOliion of three bridges:

Dallas County Public Works Tushar Solanki P.E 214-653-6458 Brookhaven Trail Project 4,850Linear Feet including three

MAP IDENTIFYING LIMITS AND PREFERRED ALIGNMENT: <PLEASE INCLUDE A MAP WITH AERIAL IMAGERY THAT fDENTIFiES THE PROJECT LIMITS AND SHOWS THE PREFERRED ALIGNMENT OF THE PROPOSED MULTIUSE PATHWAY. PLEASE EITHER INSERT SMALL MAP HERE OR ATTACH MAP AS THE FOLLOWING PAGE>



PROJECT SCOPING SHEETS FOR MULTIUSE PATHWAYS (TRAILS) Segments F of Addison MultimodaI Connectivity Improvements

MCIP Project: 17701

EASEMENT TOPICS

IN THE TABLE BELOW LIST EACH AGENCYIENTITY WITH PROPERTY AFFECTED BY ALIGNMENT (E.G. DAJRT, ONCOR, TxDOT) AND FOR EACH PROPERTY OWNER LIST EASE.tvlliNT TYPES (E.G. SIDEWALK, TRAIL, SHAjillD USE). .

Proposed Proposed Proposed Proposed Agency or Eintity Approx'imate Approximate Pavement Shoulder Easement Easement to Grant Eas¢ment Segment Start Segment End Width Width Width Type

(f!) (ft) (ft) 0

SouthemProperty line near North Property Line of 12.00 ft 2.00 ft 12.00ft pennanent DCCCD Vallov View Lane Brookhaven Colle~e •

i

OJ (f)

90



PROJECT SCOPING SHEETS FOR MULTIUSE PATHWAYS (TRAILS) Segments F of Addison MultimodaI Connectivity Improvements . . .... ···MeIP proJect:1770C··- ._.

EASEMENT TOPICS

RIGHT OF WAY CONSTRAINTS, IF ANY, PROVIDE A LIST AND DESCRIPTION ALONG WITH DATA FOR RISK ASSESSMENT: 0 YES [gJ NO

ANY NON-ROUTINE, i.e., CEMETARY, JUNK YARD, OLD CHURCHES, SERVICE STATIONS, CONTAMINATED SOILS, LANDFILLS, NOISE WALL CONSIDERATIONS, TRAILER PARKS, RESIDENT RELOCATION? 0 YES [gJ NO If yes, please define below:

ANY NON-CONFORMING ISSUES? DYES [gJ NO

ANY WATER WELLS? DYES [gJ NO

EASEMENT/R.O.W. MAP NEEDED? [gJ YES 0 NO

FIELD NOTES NEEDED? DYES [gJ NO

R.O.W. PLATS NEEDED? [gJ YES 0 NO

R.O.W. ACQUISITION? DYES [gJ NO

TREE MITIGATION ORDINANCE? DYES [gJ NO

PARKING/LOSS OF PARKING CONSIDERATIONS? DYES [gJ NO

HISTORICAL SITE CONSIDERA nON? DYES [gJ NO

91

ATTACHMENT A Project Supplemental Agreement to Mastel' Agreement Governing


PROJECT SCOPING SHEETS FOR MULTIUSE PATHWAYS (TRAILS) _ Seglllc!ltsF of AddisolllVI1!ltiltl()daI COl1l1~ctiyityJlt1p!ovements

MCIP Pl"Oject: 17701


PAVEMENT SECTION AASHTO, TAS, City of Farmers Branch,

DESIGN STANDARDS TO BE USED? NCTCOG (e.g. AASHTO, TAS)

ORDER OF PRECEDENCE OF STANDARDS r AASHTO, TAS City of Farmers Branch, NCTCOG

PAVEMENT WIDTH:

Existing: : None

Proposed: i 8' - 12' -0" Trail and 12' .on bridge structure

BICYCLE DESIGN SPEED ! 12 MPH I

I

PA VEMENT CROSSF ALL (1-2%): i 2%max,

GRADE REQUIREMENTS:

Any deep cuts, high fills? 0 YES cgj NO

Maximum vertical gmde: 5.0 %

Density measurements required: cgj YES 0 NO

Will switchbacks be necessary to comply with grade requirements: 0 YES cgj NO

92



PROJECT SCOPING SHEETS FOR MULTIUSE PATHWAYS (TRAILS) . Seglllt)lltsFofAddisoJ1, lVJ.llltimod_lll Connectivity ImtJrovelll e}lts

MCIP PI"ojed: 17701


ROADWAY CROSSINGS INVOLVED? [3:J YES 0 NO

DRlVEW A Y CROSSINGS INVOLVED? [3:J YES 0 NO

RAILROAD CROSSINGS INVOLVED? DYES IZl NO

BRIDGES OR GRADE SEPARATIONS? [3:J YES 0 NO If yes, please specify facility(ies) below:

Bicycle/pedestrian bridge over Fanners Branch Creek Tributary


SIGNAGE AND/OR DISTANCE MARKERS? YES If yes, please specify types and generally describe locations:

PAVEMENT STRUCTURE

MAINTENANCE VEHICLE TRAFFIC? [3:J YES 0 NO



EXPANSION JOINT INTERVALS: 40'-S(}'




PROJECT SCOPING SHEETS FOR MULTIUSE PATHWAYS (TRAILS) SegIRe!lts.F QfAddiso!lMuitimodaJCQllue!:Hvity IropSOYe!11euts ..

MCIP Project: 17701

DRAINAGE TOPICS

STORM SEWER DESIGN CRITERIA: o TxDOT 0 CITY o HYDRO-35 !:Rl TP-40

INLET DEPTHS (APPROPRIATE FOR PAVEMENT THICKNESS) nJa

MINIMUM COVER FOR LATERALS pia

BRIDGESIBOX CULVERTS INVOLVED? !:Rl YES 0 NO If yes, specify involvement: !:Rl BRIDGE(S) !:Rl BOX CUL VERT(S)

FLOOD PLAIN CONSIDERATION? k8:l YES o NO

If yes, what frequency storm event does the trail need to remain c1"ar of? 100

If yes, how many feet of fioeeboard are required? r ! subject to city's further verification

PERMITS

COE 404 PERMITS NEEDED DYES !:Rl NO

TNRCC 40 I PERMIT DYES !:Rl NO

CDC PERMIT DYES k8:l NO

ErS DYES k8:l NO

ADA PERMIT [gJ YES 0 NO

TDLRPERMIT [gJ YES 0 NO

ANY OTHER PERMITS FROM OTHER AGENCIES SUCH AS TxDOT, DFW AIRPORT, DART, ETC.? !:Rl YES 0 NO If yes, please document below:

94

ATTACHMENT A Project Supplemental Agl'eemcnt to Master Agreement Govel'lling

Tl'allSportatioll Major Capital Improvement Projects

PROJECT SCOPING SHEETS FOR MULTIUSE PATHWAYS (TRAILS) Segments Fof AddisonlVluHimodaI Connectivity Improvements

MCIP Project: 17701

UTILITIES

LIST OF ALL KNOWN UTILITIES:

Water, sanitaty sewer, storm drain, gas, telecommunications, electric all cross the proposed trail system

DOCUMENT KNOWN RISKS (TRA lines, Transmission Towers, Lone Star Gas Valve Stations) FOR OUR UTILITY PARTNERS:

None

ARE UTILITIES ALONG PROPOSED PATHWAY? IZl YES 0 NO

DO UTILITIES OWN THEIR R.O.W. OR HAVE PREVIOUS EASEMENTS? IZl YES 0 NO 0 UNDETERMINED If yes, please describe below:

Sanitary Sewer and Water line easements

IF NECESSARY, HAS WORK ORDER BEEN ISSUED FOR SUE (Subsurface Utility Engineering)? DYES 0 NO IZl NOT NECESSARY


WATER UTILITY BETTERMENTS? DYES

WATER UTILITYRELOC.? DYES

SAl". SEWER BETTERMENTS? DYES

SAN. SEWERRELOC.? DYES

IZl

IZl

IZl

IZl

jgJ NO

NO

NO

NO

NO

95

ATTACHMENT A Project Supplemental Agreement to Master Agreement Goveming

Transportation Major Capital Impl'ovement Projects

PROJECT SCOPING SHEETS FOR MULTillSE PATHWAYS (TRAILS) . Segments F of Addisonl\XuJtinlo<lIlIColIJleciivity Improvements

MCIP Project: 17701


LANDSCAPING (OTHER THAN SODDING)? DYES

EXPOSED AGGREGATE DRlVEW A YS, SIDEWALKS? 0 YES

[gJ NO

[gJ NO

STAMPED/COLORED CONCRETE? DYES [gJ NO

IRRIGATION? DYES

BRICK PAVERS? [gJ YES If yes, please define location(s):

[gJ NO

o NO

TRAIL LIGHTING? DYES [gJ NO

rfyes, please define location(s) and spaeing ofIightingpoles:

TRAFFIC/CROSSING SIGNALS? 0 YES [gJ NO

CROSSWALK MARKINGS? DYES [gJ NO

ON-STREET DEDICATED BIKE LANES? 0 YES [gJ NO If yes, specify width:

BUS STOPS OR BUS SHELTERS? 0 YES [gJ NO

RETAINING WALLS? [gJ YES 0 NO If yes, please specifY wall type (stone, blocks, gabions, proprietary types, etc.):

Concrete retaining walls, adjacent to trail


LOGO COLUMNS?

DYES

DYES

[gJ NO

[gJ NO

96



PROJECT SCOPING SHEETS FOR MULTIUSE PATHWAYS (TRAILS) Segments F of Addison Mllitimodal Connectivity Improvements

Mel]> ProJeCt: 1'7701

ADDITIONAL TOPICS OF CONCERN (Continued)

SOD, SEEDfNG, TOPSOIL?

(g] SOD (g] SEEDING (g] TOPSOIL o OTHER:

W A YFlNDING MAPS? (g] YES o NO

ANY ADDITIONAL AMENITIES (NOT NECESSARILY FUNDED BY COUNTY) ADJACENT TO TRAIL (E.G. 911 MARKERS, BENCHES, FOUNTAINS, LOGOS, TRASH CANS)? If yes, please specify amenity(ies) below:

ANY PARALLEL FACILITIES PLANNED (E.G. JOGGING PATH NEXT TO CONCRETE MULTIMODALPATHWAY)? 0 YES 'f.8l NO



ANY NEARBY OR ADJACENT SCHOOLS, PARKS, CITY HALL, FIRE OR POLICE DEPARTMENT REQUIRING SPECIAL CONSIDERATION? (g] YES 0 NO If yes, please list the special consideration(s) below:

The Trail is located in Brookhaven College Campus

97




MCIPProject: 17701

PUBLIC INVOLVEMENT

NEIGHBORHOOD MEETING, REQUfRED? DYES [g] NO

HAVE ALL NEIGHBOR GROUPS PROVIDED EARLY INPUT? DYES 0 NO [g] N/A

IF REQUIRED WHO CONDUCTS, CITY OR COUNTY? o CITY 0 COUNTY [g] N/ A

DOCUMENT POTENTIAL SITES FOR PUBLIC AND/OR NEIGHBORI-:fOOD MEETINGS:


FROM INSPECTION STAFF, DOCUMENT ANY AND ALL ISSUES THAT MAY AFFECT PROJECT SCOPE, BUDGET, CONSTRUCTIBILTY, THE PROJECT SCHEDULE AND/OR THE SAFETY OF PROJECT?

CARROLTON

i CarroHan ~,""=,-"'~"

~ , l,;'",l,_,~ -, ,~"-~', .. - \,

98

Arapaho Rd. Off-street Itail

r I· ~~~~"'" ••• -"-"" ~

the proposed

: Cotlonbell Trail

, Connection to

~_""Y_,-",=-J

Flitme O,lIt " btIsstatiQf}

: pote.n. !ialtrail~. J connection to

,FUtld"6 COfltleC"iOn Oy~ --"'"~"~'.~-," ·"··-&~mAf1n'!id~'

lothers l rr __ -:-"""""-:-..,...., L __ ~=_~ .... ADDISON

'~ ... ,,"".... 6e!t Une Rd. f.i~!Ol1I1lJ:W-1El!!::J~J -....",-

PHASE I - COMPLETE Addison l\Aultimodal connectivity Project

PHASE III - FUTURE Rosser ConnecHon by City of Farmers Branch

-··'''Ove:,,t;ead , pedesman / /

".cl'l~sslng >j~~

BelKvaY'Rd

;, !i

Spnng Valley

Proposed Br06'khaven Deyelopment

Existing Les Lacs Tr?j!'sy~tem

W~~'hvood' schb",

• linkage between the existing Arapaho Rd, , trail system and the eXisting Les Lacs trail system, "

,Complete I o Connection of the existing Les

Lacs trail system to new proposed Brookhaven development

'-'-""~-'-"~-'~

~~&;lJQJ:~..{' 9.?_m",_p_le~':J • Introduction of both on-road and

off-road trail through the proposed Brookhaven development

• Connection of Addison oejghborhoops to Brookhaven College

•. ,Connection proposed.8roqkhaven development to n~jghborhoods to the north and south 0.92 mile aionQ west side of Brookhaven

a Q:5~mf{a'focp.trail.afOund-erookhsven College

Section 5

oi" ,Connection of Brookhaven College to the existing Rosser Rd, bike route 29N.

.qreate a bike route along R'lSSer Rd, in Farmers Ranch,

LEGEND

;,S'l:0ii EXisting Irafl/bike IOllie

..-J PropOsed trail

o N

ADDISON TRAIL EXTENSION SECTION 3 & 4 BROOKHA YEN CLUB YITRUYIAN

99

ATTACHMENTB

Brookhaven Trail Connection, MCIP PROJECT NO: 17701 (FROM Valley View Lane to South Pedestl"ian Bridge in Town of Addison)


DALLAS COUNTY TOWN OF ADDIOSON PARTICIPATION (Sustainable Development

Fund f,'om NCTCOG)

$250,000,00 $ 1,176,875.00

---~.~-".-.. ~----.. ~

ESTIMATED PROJECT COST

*$2,150,000.00

* Cost estimate is attached here for reference

100

ATTACHMENT BB


PHASE I - (COMPLETE)

Addison Multi Modal Connectivity (Segments A-E)

DALLAS COUNTY TOWN OF ADDIOSON Total Project Cost PARTICIPATION + Sustainable (Including IHPD) (including IHPD Development Fund from

$130,000.00) NCTCOG

$2,130,000.00 $ 5,000,000.00 7,130,000.00

PHASE II-PROPOSED

Brookhaven Trail connectivity (SEGEMENT F)

DALLAS COUNTY TOWN OF ADDIOSON Total Estimated PARTICIPATION (Sustainable Project Cost

(INCLUDING IHPD) Development Fund from (Including IHPD) NCTCOG)

$1,050,000.00 $ 1,176,875.00 2,226,875.00

1. DCCCD - Responsible for Dedication of Permanent Trail Easement, Operations and Maintenance of Brookhaven Multimodal Pathway

2. City of Farmers Branch - Responsible for Acceptance of Permanent Trail Easement from DCCCD for proposed Brookhaven Multimodal Pathway

BROOKHAVEN TRAIt

I.TEM NO ..

>lBrid.o'

'"

II f I

; ,S.ed (Temp)

,R.IE'o"o' . Pia",

''''!B." '"

iii

.S;"",

505 Reok Flit"

,,,,,,,"11,

, B.IIa,d,

, Key, 0' EQua'

416 OriO,d Shan (24101

; ,,\

, ~""." '"

'E'o,;oo CO<1'IO' Leos

1 0 1

Brookhaven Trail Connection preliminary Cost Esnmale As of May 24.2012

TOTAL UNIT QUANTITY UNIT PRICE

ISTA

LS

CY

CY

ICY

Icy.

SY

SY

SY

Icv LF

'" EACH

EACH

LS

12" 600

1400

700

6755.00

3317."

7000

7000

13SO

200

800

84

"

'28.00

$28.00

$30.00

$30.00

$2.00

S'.OO $18.00

.J.1O.00

;'8.00

5300.00

$55.00

$60.00

$2,500.00

$2.000.00

'''ON Jo $1,SOO.00

TOTAL COST

Oi •

."""'''00 " $21.000.00

$240.00

~ __ •• _ -jLc~F ____ _ _~100 __ $$m~OOOO'4 ____ ··S~0~OI

" SV

ISY

LF

LF

SY

EA

Eo'"

IE"" LF

Eaoh

'CY

LF

Icy

ISF

Each

LF

100 $100.00

,000 &22.00

1000 $10.00

11000,'.50

1200 SO.50

6550 $50.00

'" $(359.00

100

65

150

5C

150

1a

10

10000

R.C

$600.00

0250.00

S3OO.00

$640.aO $lID.OO

"'0.00

S110:00

$15.00

'6.00

1.60

"'MO.'" <,

$1.200.00

".000.00

""MM

"50.00

$60.00

51C~ ~a.aa

102

HIKE AND BIKE TRAIL, PEDESTRIAN BRIDGE

AND DRAINAGE CROSSING EASEMENrS

THE STATE OF TEXAS

COUNTY OF DALLAS

§ § §

KNOW ALL PERSONS BY THESE PRESENTS:

Grant of Pemlanent Easement. That Dallas County Community College District, a Texas political subdivision of higher education on behalf of Brookhaven College ("DCCCD" or "Grantor"), for the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid to Grantor, grant, dedicate, and convey to the City of Farmers Branch, a Texas home rule municipality including its officel's, employees, successors, and assigns who are authorized by City as necessary participants herein (collectively, "City" or "Grantee"), for public use a non-exclusive Hike and Bike Trail, Pedestrian Bridge and Drainage Crossing Easements ("Easemen! Agreement"), together with the right of ingress, egress, and regress therein, for the purpose specified below, over, under, and across and upon a portion of that certain lot, traet or parcel of land situated in the tracts of real property particularly referenced as and more specifically described in Exhibit "A" (collectively, "Easement") attached and incorporated herein by reference for aU purposes.

Grantor covenants that, at the time of execution of this Easemen! Agreement, Grantor is the owner of the property on which the Easement is situated and has the right to convey the Easement interest in the Easement, and that title to the proPeJty is free and clear of any encumbrances which would interfere with the ability to grant the Easement.

It is further expressly provided that access to and from the remainder of the tract of land of which the Easement is a part shall not be denied. Grantor retains all rights to the Easement, provided that the Grantor's exercise of such rights does not interfere with the Grantee's rights under this Easement Agreement. Grantor agrees not to interfere with the Grantee's ability to use or maintain the Easement for the purposes described herein.

TO HAVE AND TO HOLD the above described Easement, together with all and singular the rights and appurtenances thereto in anywise belonging unto City, its successors and assigns forever, in perpetuity, and Grantor binds Grantor and Grantor's successors, to Wanant and Forever Defend all and singular the said Easement unto the City, its successors and assigns, against every person whomsoever lawfully claiming, or

. to claim the same or any part thereof and subject to all of the following provisions, with which Grantor and City agree and covenant to observe and comply:

1. The Easements granted shall be in perpetuity. 2. Grantor reserves unto itself, its successors and assigns, the right to use and enjoy

Grantor's land for any lawful purposes, provided that such use does not unreasonably interfere with the exercise by City oflhe rights hereby granted.

3. Grantor specifically reserves the right to grant additional easements upon, over, across, through, in or under the Easement granted hereby, for any and all purposes

Attachment C: Page 1 Page I

103

as Grantor, in its sole discretion, may desire, provided that such grant does not unreasonably interfere with the exercise by Grantee ofthe rights hereby granted.

4. Grantor may occupy, utilize, or relocate all or portions of the improvements placed on Grantor's property Or constmcted pursuant to tltis Easement, for- any pUlpose, and if such activities by Grantor result in damage to or destIuction of the improvements, then Grantor shall repair, replace and/or restore the improvements at the sole cost and responsibility of Grantor. If Grantor occupies, utilize, or relocate all or portions ofthe Easement, it does not interfere with the rights herein granted.

5. Grantor shall, at all times and at its own expense, be responsible for maintaining, repairing and replacing the Easement and the improvements constructed therein.

6. Grantor hereby establishes, creates, and grants to the City and its successors and assigns for the benefit of the Public, a non-exclusive right, to use the trail on the property described in Exhibit "An.

7. Grantee shall record this instrument in the Real Property Records of Dallas County, and provide Grantor with a copy of the recorded instrument.

8. The Easements and all of the leuns, provisions and obligations hereof are binding upon the parties, their successors and assigns.

9. The persons and/or officer signing below on behalf of Grantor represent and warrant that they have the authority, respectively, to execute this instrument on behalf of Grantor.

Grantor:

Dallas County com. munil)' ~~Dist!'ict a Political Sub ~vi§iQ 0 St) Tex;irl B' .' ~,

Title: _C_'_hfl_n_ce_I_Io_r_/'-----

Date: __ "'-;//,<-?&+-__ ., 2012 7

Attachment C: Page 2 Page 2

104

STATE OF TEXAS ) )

COUNTY OF DALLAS )

BEFORE ME, the undersigned authority, on this day personally appeared W¥2-\6I:-\T l--Nss 1]"'E)e. , CJ\Ct\llcel!cv (title) of Dallas County COlllmunity College District, known to me to be the person whose name is subsclibed to the foregoing instrument, and he acknowledged to me that he executed the same with full authority on behalf of {) G C. c D for the purposes and consideration therein expressed, in the capacity therein stated.

A ~ GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ day of cr LAD u.s.+ , 20 (2.- .

NOTARY PUBLIC, STATE OF TEXAS

\,,11 l't'~ .,t~:~r .q;. MICHEllE A. VASQUEZ r:' ': § NOlary Public, Stota of Texas \~ .... G:~l My CommissIon expires

~ t~e(!e A-. Vcesbilt'2:-Typed or Printed Name ofNotaty My Conunissioll Expires: 0-;1 '2b/2ct ¥ ~"/~Im:I~'\~ JUly 20, 2016

Attachment C: Page 3 Page 3

County: Parcel No: Project Name: MCIP Project No:

105

EXIDSIT "A"

Dallas 1 (Permanent Trail Easement) BROOKHAVEN TRAIL 17701


Parcell July 5, 2012

BEING a 3.2726 acres (142,553 square feet) tract of land in the Noah Good Survey, Abstract No. 520, Dallas County, Texas, said 3.2726 acre tract being a portion of the Final Plat DCCCD Brookhaven College Addition as recorded in the Open Public Records Dallas County, Texas (O.P.R.D.C.T.) by the Instrument Number 200900266486 said 3.2726 acre tract being more particularly described by metes and bounds as follows (all bearings into curves described below are tangent to the curves except when noted);

COMMENCING at a brass monument found for a comer (control monument) in the south property line of said Brookhaven College tract same. as the north right of way line of Valley View Lane a variable width right otway, from Which a brass monument found (control monument) bears along said south pmperty line same as the said north right of way North 89 degrees 20 minutes 48 seconds East a distance of 1,076.92 feet;

THENCE South 60 degrees 38 minutes 54 seconds West along said south propedy line and north right of way a distance of 12.58 feet to a Y, inch iron rod set with a cap stanlped 'DaIlas County' and the POINT OF BEGINNING;

THENCE South 60 degrees 38 minutes 54 seconds West continuing along said south property line and north right of way a distance of 12.27 feet to a Y, inch iron rod set with a cap stamped 'Dallas County';

THENCE N0l1h 41 degrees 28 minutes 55 seconds West a distance of 2.79 feet departing said south property line and north right of way to a point for the beginning of a non tangent curve to the right having a radius of 20.00 feet;

THENCE along said curve to the right through a central angle of 158 degrees 08 minutes 59 seconds, a arc distance of 55.20 feet, a chord bearing or North 37 degrees 31 minutes 02 seconds West and a chord distance of39.27 feet to a cornel" for the beginning of a non tangent curve to the right having a radius of71.00 feet;

THENCE along said cnrve to the right through a central angle of 42 degrees 57 minutes 28 seconds, a arc distance of 53.23 feet, a chord bearing of North 04 degrees 06 minutes 21 seconds West and a chord distance of 5 1.99 feet to a point;

M:\Drookhaven Tml! Conneclion J7701'-ROW\PAR_1 ,doc

Attachment C; Page 4

106

THENCE North 17 degrees 22 minutes 23 seconds East a distance of 76.64 feet to a point and the beginning of a curve to the left having a radius of94.00 feet;

THENCE along said curve to the left through a central angle of 21 degrees 20 minutes 46 seconds and an arc distance of 35.02 feet to a point;

THENCE North 03 degrees 58 minutes 23 seconds West a distance of 29.12 feet to a point and begitUling of a curve to the tight having a radius of j 06.00 feet;

THENCE along said curve to the right through a central angle of 07 degrees 32 minutes 26 seconds and an arc distance of 13.95 feet to a point;

THENCE NOlth 03 degrees 34 minutes 03 seconds East a distance of 32.60 feet to a point and the beginning of a curve to the right having a radius of256.00 feet;

THENCE along said curve to the right through a central angle of 08 degrees 49 minutes 35 seconds and an arc distance of39.44 feet to a point;

THENCE North 12 degrees 23 minutes 38 seconds East a distance of 3.80 feet to a C0111er;

THENCE NOltll 55 degrees 46 minutes 47 seconds West a distance of 23.39 feet to a corner;

THENCE North 34 degrees 13 minutes 13 seconds East a distance of 15.00 feet to a comer;

THENCE SOllth 55 degrees 46 minutes 47 seconds East a distance of 17.15 feet to a comcr and the beginning of a non tangent curve to the left having a radius of 54.00 feet;

THENCE along said curve to the left through a central angle of 38 degrees 24 minutes 09 seconds, a arc distance of 36.19 feet, a chord bearing ofNOlih 11 degrees 53 minutes 07 seconds West and a chord distance of 35 .52 feet to a point;

THENCE North 31 degrees 05 minutes 12 seconds West a distance of 4.76 feet to a point and the beginning of a curve to the left having a radius of 54.00 feet;

THENCE along said curve to the left through a central angle of 17 degrees 44 minutes 34 seconds and an afC distance of 16.72 feet to a point;

THENCE North 48 degrees 49 minutes 46 seconds West a distance of 20.87 feet to a point and the begirming of a curve to the left having a radius of 194.00 feet;


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107

THENCE North 62 degrees 52 minutes 10 seconds West a distance of 87.19 feet to a point and the beginning of a curve to the right having a radius of 206.00 feet;


THENCE NOJih 37 degrees 05 minutes 20 seconds West a distance of 86.49 feet to a point;

THENCE North 35 degrees 24 minutes 31 seconds West a distance of 51.72 feet to a comer;

THENCE North 88 degrees 02 minutes 17 seconds West a distance of 23.13 feel to a comer;

THENCE North 01 degrees 57 minutes 43 seconds East a distance of 15.00 feet to a corner;

THENCE South 88 degrees 02 minutes 17 seconds East a distance of 11.86 feet to a comer;

THENCE North 34 degrees 56 minutes 39 seconds West a distance of 41.19 feet to a point and the beginning ofa curve to the left having a radius of94.00 feet;

THENCE along said curve to the left through !II central angle of 34 degrees 16 minu.tes 41 seconds and an arc distance of 56.24 feet to a point;

THENCE North 69 degrees 13 minutes 20 seconds West a distaooe of 102.67 feet to a point and the beginning of a curve to the right having a radius of206.00 feet;


THENCE North 30 degrees 42 minutes 19 seconds West a distance of 139.17 feet to a point and the beginning ofa curve to the left having a radiusof94.00 feet;

THENCE along said curve to the left tlu'ough a central angle of 21 degrees 57 minutes 58 seconds and an arc distance of 45.88 feet to a point;

THENCE North 58 degrees 40 minutes 17 seconds West a distance of 50.02 feet to a point;

THENCE North 57 degrees 34 minutes 35 seconds West a distance of 47.03 feet to a point and the beginning of a curve to the left having a radius of94.00 feet;

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108

THENCE along said curve to the left through a central angle of 42 degrees 19 minutes 47 seconds and an arc distance of69.45 feet to a point;

THENCE South 80 degrees 05 minutes 38 seconds West a distance of 23.37 feet to a point and the beginning of a curve to the right having a radius of 406.00 feet;


THENCE South 87 degrees 05 minutes 03 seconds West a distance of 59.65 feet to a point and the beginning of a curve to the left having a radius of94.00 feet;



THENCE along said curve to the right through a central angle of29 degrees 37 minutes 43 seconds and an arc distance of 28.96 feet to a point and the beginning of a non tangent curve to the right having a radius of 35.00 feet;

THENCE along said curve to the right tlU'ough a central angle of 173 degrees 04 minutes 25 seconds, an arc distance of 105.72 feet, a chord bearing of North 55 degrees 17 minutes 35 seconds West and a chord distance of 69.87 feet to a Yz inch iron rod set with a cap stamped 'Dallas County' said iron rod is the beginning ofa non tangent curve to the right having a radius of 81.00 feet from which a brass monument found (control monument) in the east right of way line of Marsh Lane (130 feet width right of way) bears South 68 degrees 31 minutes 40 seconds West a distance of 116.82 feet;

THENCE along said curve to the right through a central angle of27 degrees 20 minutes 02 seconds and an arc distance of 38.64 feet, a chord bearing of North 23 degrees 25 minutes 07 seconds West and a chord distance of38.28 to a point;



THENCE North 13 degrees 39 minutes 28 seconds East a distance of 50.75 feet to a point and the beginning of a curve to the left having a radius of 119.00 feet;

THEN CE along said curve to the left through a central angle of 19 degrees 03 minutes 44 seconds and an arc distance of 39.59 feet to a point;

M:illmokhavcn Trait COllneclion I 770 1 \ROW\PAR_ ! .doG 4 Attachment C: Page 7

109

THENCE North 05 degrees 24 minutes 16 seconds West a distance of 96.06 feet to a Yz inch iron rod set with a cap stamped 'Dallas County' and the beginning of a curve to the right having a radius of 156.00 feei from which a Yz inch iron rod set with a cap stamped 'TRA V' bears North 67 degrees 00 minutes 49 seconds West a distance of 61.26 feet;


THENCE North 62 degrees 20 minutes 56 seconds East a distance of 248.84 feet to a point and the beginning ofa non tangent curve to the right having a radius of206.00 feet;

THENCE along said curve to the right through a central angle of 40 degrees 06 minutes 49 seconds, a arc distance of 144.22 feet, a chord bearing of North 81 degrees 01 minutes 22 seconds East and a chord distance of 141.30 feet to a point;

THENCE South 78 degrees 55 minutes 13 seconds East a distance of 231.20 feet to a point and the beginning of a curve to the left having a radius of294.00 feet;

THENCE along said cUl've to the left through a central angle of 60 degrees 20 minutes 35 seconds and an arc distance of309.64 feet (0 a point;

THENCE North 40 degrees 44 mmutes 12 seconds East a distance of 3.24 feet to a point and the begirUling of a curve to the right having a radius of 406.00 feet;




THENCE NOlih 13 degrees 37 minutes 23 seconds East a distance of 75.73 feet to a comer;




M;\Brookha.ven Trail Connection J7701\ROW\PAR_Ldoc 5 Attachment C: Page 8

1 1 0

THENCE North 03 degrees 52 minutes 21 seconds West a distance of 259.02 feet to a point and the beginning of a curve to the right having a radius ofJ06.00 feet;

THENCE along said curve to the right t1u·ough a central angle of 15 degrees 49 minutes 00 seconds and an arc distance of 84.47 feet to a point;



THENCE North 09 degrees 49 minutes 48 seconds East a distance of 83.19 feet to a point and the beginning of a curve to tbe left having a radius of 49.00 feet;


THENCE North 74 degrees 53 minutes 41 seconds West a distance of 28.42 feet to a point and the beginning of a non tangent curve to the right having a radius of 61.00 feet;

THENCE along said curve to the nght through a central angle of 58 degrees 01 minutes 09 seconds, a arc distance of 61.77 feet, a chord bearing of North 45 degrees 53 minutes 07 seconds West and a chord distance of 59.16 feet to Y, inch iron rod set with a cap stamped 'Dallas County' in the north property line of the Brookhaven College tract same as the south property line of a tract of land conveyed to S2S Greenhaven Associates LP by Instmmen! Number 200600335782 Open Public Records Dallas County, Texas (O.P.R.D.C.T.) from which a 5/8 inch :iron rod found with a cap (control monument) bears South 89 degrees 37 minutes 39 seconds West a distance of 445.35 feet to a point;

THENCE North 89 degrees 37 minutes 39 seconds East a distance of 12.65 feet along said property line to a Y. inch iron rod set with a cap stamped 'Dallas County' and. the begi/llling of a non tangent curve to the left having a radius of 49.00 feet from which a liz inch iron rod found (control monument) bears North 89 degrees 37 minutes 39 seconds East a distance of 18.48 feet;

THENCE along said curve to the left tlnrough a central angle of 54 degrees 25 minutes 22 seconds, an arc distance of 46.54 feet, lEt chord bearing of South 48 degrees 17 minutes 08 seconds East and a chord distance of 44.81 feet to a point;

THENCE South 74 degrees 53 minutes 41 seconds East a distance of 27.90 feet to a point and the beginning ofa curve to the right having a radius of61.00 feet;

THENCE along said curve to the right tlnrongh a central angle of 84 degrees 43 minutes 29 seconds and an arc distance of 90.20 feet to a point;

M :\Brookhavcn Trail CQrmection ! 770 1 \RQW\PA R _! .doc 6 Attachment C: Page 9

111



THENCE South 11 degrees 56 minutes 39 seconds West a distance of 59.52 feet to a point and the beginning of a curve to the left having a radius of294.00 feet;

THENCE along said curve to the left tlu·ough a central angle of 15 degrees 49 minutes 00 seconds and an arc distance of 81.16 feet to a point;

THENCE South 03 degrees 52 minutes 21 seconds East a distance of 121.00 feet to a Y, inch iron rod set with a cap stamped 'Dallas County' ftom which a Y, inch iron rod set with a cap stamped 'TRA V' bears South 63 degrees 44 minutes 47 seconds East a distance of 257 .84 feet;


THENCE South 03 degrees 56 minutes 57 seconds East a distance of 60.60 feet to a point from which a Y2 inch iron rod set with a cap stamped 'TRA V' bears South 54 degrees 04 minutes 22 seconds East a distance of I 07.64 feet;

THENCE South 17 degrees 48 minutes 49 seconds West a distance of 231.98 feet to a comer;

THENCE South 66 degrees 09 minutes 49 seconds West a distance of 195.86 feet to a point and the beginning of a non tangent curve to the left having a radius of 383.00 feet ii·om which a PK Nail set bears South 67 degrees 02 minutes 17 seconds West a distance of72.99 feet;

THENCE along said curve to the left through a central angle of 13 degrees 28 minutes 24 seconds, an arc distance of 90.06 feet, a chord bealing of South 77 degrees 58 minutes 38 seconds West and a chord distance of89.86 feet to a comer;

THENCE North ]9 degrees 49 minutes 41seconds West a distance of 3.28 feet to a comer;

THENCE South 70 degrees 10 minutes 19 seconds West a distance of 33.62 feet to a point and the beginning of a curve to the left having 11 radius of 394.00 feet;


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Attachment C: Page 10 7

1 1 2

THENCE South 40 degrees 44 minutes ]2 seconds West a distance of 3.24 feet to a point and the beginning of a curve to the right having a radius of 306.00 feet;




THENCE South 62 degrees 20 minutes 55 seconds West a distance of 249.06 feet to a point and the beginning of a curve to the left having a radius of 144.00 feet;

THENCE along said curve to the left through a central angle of 67 degrees 45 minutes 12 seconds and an atc distance of 170.28 feet to a V, inch iron rod set with a cap stamped 'Dallas County';

THENCE South 05 degrees 24 minutes 16 seconds East a distance of 96.06 feet to a point and the beginning of a curve to the right having a radius of 131.00 feet;


THENCE South 13 degrees 39 minutes 28 seconds West a distance of 50.75 feet to a point and the beginning ofa curve to the left having a radius of69,00 feet;


THENCE South 09 degrees 45 minutes 06 East a distance of 291.05 feet to a point and the beginning of a curve to the left having a radius of 69.00 feet;

THENCE along said curve to the left through a central angle of 25 degrees 17 minutes 19 seconds and an arc distance of30.45 feet to a V, inch rod set with cap stamped 'Dallas County' and the beginning of a non tangent curve to the right having a radius of 35.00 feet;

THENCE along said curve to the right through a central angle of 145 degrees 04 minutes 12 seconds and an arc distance of 88,62 feet, a chord bearing of South 55 degrees 59 minutes 31 seconds East and a chord distance of 66.77 feet to a comer and the beginning of a non tangent curve to the left having a radius of 44.00 feet;

M:\Brookhavcn Trail Conne9tion 17701\ROVI\PAR_Ldoc

Attachment C: Page 11 8

113

THENCE along said curve to the left through a central angle of 23 degrees 27 minutes 58 seconds, an arc distance of J 8.02 feet, a chord bearing of North 78 degrees 22 minutes 57 seconds East and a chord distance of 17.90 feet to a point;

THENCE North 66 degrees 38 minutes 58 seconds East a distance of 18.85 feet to a point and the beginning of a curve to the right having a radius of 106.00 feet;


THENCE North 87 degrees 05 minutes 03 seconds East a distance of 59.65 feet to a point and the begirUling of a curve to the left having a radius of394.00 feet;


THENCE North 80 degrees 05 minutes 38 seconds East a distance of 23.37 feet to a point and the begirUling of a curve to the right having a radius of 106.00 feet;

THENCE along said curve to the right tlu'ough a central angle of 42 degrees 19 minutes 47 seconds and an arc distance of78.31 feet to a point;

THENCE South 57 degrees 34 minutes 35 seconds East a distance of 46.92 feet to a point;


THENCE along said curve to the right through a central angle of 27 degrees 57 minutes 58 seconds and an arc distance of 51. 74 feet to a point;

THENCE South 30 degrees 42 minutes 19 seconds East a distance of 139.17 feet to a point and the begirUling of a curve to the left having a radius of 194.00 feet;


THENCE South 69 degrees 13 minutes 20 seconds East a distance of 102.67 feet to a point and the begirUling of a curve to the right having a radius of 106.00 feet;

THENCE along said curve to the right through a central angle of 34 degrec$ 16 minutes 41 seconds and an arc distance of 63.42 feet to a point;

THENCE South 34 degrees 56 degrees 39 seconds East a distance of 50.20 feet to a comer;

M;\Brookhflven 'frail Connection J 770l\RO\V\FAR..,.I.doc 9 Attachment C: Page 12

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THENCE South 88 degrees 02 minutes 17 seconds East a distance of23.13 feet to a comer~


THENCE NOlih 88 degrees 02 minutes 17 seconds West a distance of 11.86 feet to a conler;

THENCE South 34 degrees 56 minutes 39 seconds East a distance of 20.17 feet to a poiut and the beginning of a curve to the left having a radius of 594.03 feet;

THENCE along said curve to the left through a central angle of 02 degrees 07 minutes 52 seconds and an arc distance 0£22.09 feet to a point;

THENCE South 37 degrees 05 minutes 20 seconds East a distance of 85.99 feet to a point and the begil1l1ing of a non tangent ourve to the left having a radius of 194.00 feet;

THENCE along said curve to the left through a central angle of 20 degrees 55 minutes 39 seconds, a arc distance of 70.86 feet, a chord bearing of South 52 degrees 24 minutes 21 seconds East and a chord distance 0[70.47 feetto a point;

THENCE South 62 degrees 52 minutes 10 seconds East a distance of 87.19 feet to a point and the beginning of a curve to the right having a radius of 206 .00 feet;

THENCE along said curve to the light through a central angle of 14 degrees 02 minutes 24 seconds and an arc distance of 50.48 feet to a point;

THENCE South 48 degrees 49 minutes 46 seconds East a distance of 20.87 feet to a point and the beginning of a curve to the light having a radius of 66.00 feet;

THENCE along said curve to the right through a ce:ntral angle of 17 degrees 44 minutes 34 seconds and an arc distance of 20.44 feet to a pomt;

THENCE South 31 degrees 05 minutes 12 seconds East a distance of 4.76 feet to a point and the begimung of a curve to the right having a radius of 66.00 feet;

THENCE along said curve to the right through a central angle of 43 degrees 34 minutes 38 seconds and an arc distance of 50.20 feet to a comer;

THENCE South 55 degrees 46 minutes 47 seconds; East a distance of 23.00 feet to a comer;

THENCE South 34 degrees J 3 minutes 13 seconds West a distance of 15.00 feet to a conler;

M;\Brookhaven Trllil Connection I 770 I \H.O\V\PAR_! .doc 10 Attachment C: Page 13

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THENCE North 55 degrees 46 minutes 47 seconds West a distance of 16.99 feet to a comer and the beginning of a non tangent curve to the left having a radius of 244.00 feet;

THENCE along said curve to the left through a central angle of 08 degrees 35 minutes 21 seconds, a arc distance of36.58 feet, a chord bearing of South 07 degrees 51 minutes 43 seconds West and a chord distance of36.54 feet to a point;

THENCE South 03 degrees 34 minutes 03 seconds West a distance of 32.60 feet to a point and the beginning ofa curve to the left having a radius of94.00 feet;

THENCE along said curve to the left tlu'ough a central angle of 07 degrees 32 minutes 26 seconds and an arc distance of 12.37 feet to a point;




THENCE along said cUlve to the left through a central angle of 41 degrees 52 minutes 28 seconds and ao arc distance of 43 . .12 feet to a point and the beginning of a non tangent curve to the left having a radius of20.00 feet;

THENCE along said curve to the left through a central angle of 131 degrees 47 minutes 46 seconds, a arc distance of 46.01 feet, a chord bearing of South 37 degrees 26 minutes 32 seconds East and a chord distance of 36.51 feet to a comer;

THENCE South 41 degrees 28 minutes 55 seconds East a distance of 5.91 feet to the POINT OF BEGINNING and containing 3.2726 acres (142,553 square feet) of land more or less.

BASIS OF BEARING: Horizontal SURFACE Coordinates and bearings used hereon are NAD83 and are based upon the Texas Coordinate System, North Central ZOlle (40202), North American Datum 1983 (NAD83), 1983 Adjustment, Geoid03 Model, with a grid to surface adjustment factor of 1.0001518033.

A plat of even survey date accompanies this legal description.

BY~~ Ro b Sruldersoll, Registered Professional Land Surveyor Texas No. 4093

M:\Brookhaven Tral! Connection 1770J\ROW\PAR_Ldoc

Attachment C: Page 14

Date: t/b5hz-

11

April 30, 2013


MEMORANDUM



1 1 6

SUBJECT: INTERLOCAL AGREEMENT BETWEEN DALLAS COUNTY AND DALLAS COUNTY COMMUNITY COLLEGE DISTRICT ON BEHALF OF BROOKHAVEN COLLEGE (For the Design and Construction of a Pedestriau Bridge and a Multimodal Pathway from Valley View l"ane to the Vitruvian Park Development)

BACKGROUND

In June 2010 the Regional Transportation Committee has awarded Town of Addison with NCTCOG Sustainable Development Grant fund to facilitate sustainable connectivity to Addison Trail network system. Town of Addison has distributed these sustainable development grant funds in two Phases. Phase I (Addison Multimodal Connectivity project), has been completed and Phase 2 - (Brookhaven Trail Connection Project) is being proposed. Please see attachement A2.

Phase I has been led by Town of Addison working with Dallas County and was successfully completed. Phase 2 of this project of the involves various agencies including the Town of Addison, Dallas County Community College District and the City of Farmers Branch. Therefore, Dallas County took the lead in Phase 2 since multi agency experience and partnering are essential to accomplishing this project. The project wac-s presented to th·e Dallas County Community College District Board for approval. The Dallas County Community College District Board accepted the proposed Multimodal pathway, the pedestrirun bridge, the pemilanent trail easement on 08/07/2012.

Brookhaven Trail, Multimodal Pathway cOll1nects Valley View Lane beginning at the southwest property line of Brookhaven College campus and connects at the north end ofthe college campus to the Town of Addison's Vitmvian development., thereby conneclting to Addison Trail Network. The proposed Hike and Bike Trail is 4900 lflong with 10-12 feet widle pavement width and with 2-foot wide unimproved shoulders, wherever possible, as rtecommended by AASHTO guide for the development of bicycle facilities. The proposed Trail also imcludes a pedestJi,an bridge over Farmers Branch Creek tributary, and is designed according to AASHTO bridge standan:f$ (see Attachments A, A-I).

Commissioners Court

Briefing - Inter Local agreement Trail MCIP 17701 Page 1 of2

April 30, 2013 Page 2

FINANCIAL IMPACT

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County Commissioner's court approved an MCIP funding Commitment for the Addison MultiModal Connectivity Project and Brookhaven Trail Connection Project (Segments A- F), through Court Order No. 2010-1854 dated 11/()2/201O is $ 2,380,000.00. Segments A- E, Addison MultiModal Connectivity Project, has been completed. Through Dallas County Commisoners Court Oeder NO.2012-1843 dated 10/30/2012, Dallas County provided additional funding of$ 800,000.00 ,increasing its total funding participation to $1,050,000.00. See Attachment BB.

City of Fanners Branch is accepting penn anent trail easement for proposed Brookhaven Muitimodal Pathway from DCCCD.


Dallas County partners with Town of Addison and many other cities in Dallas County to implement trmlspOliation projects, which is consistent with Vision 1: Dallas Couuty is a model interagency partner al1d Vision 4: Dallas County proactively addresses critical regional issues.

SCHEDULE

Advertisement Early summer of2013. Begin Construction Early Fall 2013 End of Construction End of2014

RECOMMENDATION

It is recommended that the County Judge be authorized to execute the attached Project Specific Agreement with the City of Fanners Branch. If the Commissioners Court is in agreement, a court order will be placed on the next fonnal agenda authorizing the execution ofthis agreement.

Approved by:

AI. a 1. Blair, P.E. Director of Public Works

Attachments (Inter Local Agreement)

Briefing - Inter Local agreement Trail MelP 17701 Page 2 of2

1 1 8

INTERLOCAL AGREEMENT BETWEEN DALLAS COUNTY AND BROOKHAVEN COLLEGE FOR

BROOKHAVEN TRAIL PROJECT

This Interlocal Agreement "ILA" is made and entered into by and between the Dallas County Community College District, a Texas political subdivision of higher education on behalf of Brookhaven College, hereinafter "the DCCCD" and the County of Dallas, Texas, hereinafter "County", acting by and through its duly authorized officials, for the purpose of designing and constructing a pedestrian bridge and a multimodal pathway from Valley View Lane to the Virtruvian Park Development, hereinafter called the "Project".

WHEREAS, DCCCD and the County desire to enter into an Interlocal Agreement for the purpose of constructing a pedestrian bridge and to provide a multimodal connectivity to regional destinations and transportation networks; and

WHEREAS, the Project is located within the City of Farmers Branch and the Town of Addison; and

WHEREAS, DCCCD will grant the City of Farmers Branch an easement for the Project; and

WHEREAS, the County shall have the responsibility to plan, design and construct the Project; and

WHEREAS, the County has entered into a separate agreement with the Town of Addison to provide funding for this Project; and

WHEREAS, the Town of Addison has been awarded One Million One Hundred Seventy Six Thousand Eight Hundred Seventy Five Dollars and no cents ($1,176,875.00) in North Central Texas Council of Government ("NCTCOG") Sustainable Development funding by the Regional Transportation Committee ("RTC") and will provide that funding for this Project; and

WHEREAS, Chapter 791 of the Texas Government Code provides authorization for local governments to contract with each other for the performance of governmental functions and services, and joint funding of road or street projects.

NOW THEREFORE, DCCCD and County hereby enter this ILA for the mutual consideration stated herein:

!NTERlOCAL AGREEMENT \

\

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WITNESSETH:

Article I Incorporated Documents

This Agreement incorporates, as if fully reproduced herein word for word and number for number, the following items:

I. Project Scope as shown in Attachment "A". 2. Current Cost Estimates and Funding Sources, as shown in Attachment "B". 3. Permanent Easement As shown in Attachment "E" 4. Temporary Easement as shown in Attachment "D"

Article II Term of Agreement

This ILA becomes effective when signed by the last party whose signature makes the respective agreement fully executed and shall terminate upon the completion and acceptance of the Project by Dallas County Commissioners Court. This ILA may also be terminated in the following manner: (1) By mutual agreement and consent of both parties in writing; or (2) By either party upon the failure of the other party to fulfill the obligation set forth herein.

Article III Proiect Description

This ILA is entered into by the parties for the purpose of designing and constructing two concrete trail segments to tie into Valley View Lane and connect from the north edge of Brookhaven College campus core northward to the Vitruvian Park Development as well as the Addison Trail network. The trail segments are proposed to be 10 feet to 12 feet wide with 2 foot wide unimproved shoulders, wherever possible, as recommended by the AASHTO Guide for the Development of Bicycle Facilities. The number of segments designed and constructed will be subject to DCCCD and County approval as well as the funding availability.

This ILA is also for the purpose of designing and constructing a pedestrian bridge with prefabricated steel truss span and will have twelve (12) foot clear width for tbe trail along with the minimum 42-inch pedestrian railing. The proposed bridge will be designed according to the latest "AASHTO" standards.

Article IV Trail Use

The trail shall be accessible to all users, free of charge, regardless of residence, and shall be used for public recreational activities, including, but not limited to, hiking, walking, jogging, biking, and roller-blading and for non-motorized alternative transportation purposes. Motorized vehicles are allowed only as needed for maintenance, public safety, and handicap accessibility. DCCCD shall have the Trail open from sunrise to sunset seven days a week.

INTERLOCAL AGREEMENT

Article V Fiscal Funding

120

Notwithstanding anything to the contrary herein, this ILA is expressly contingent upon the availability of County funding for each item and obligation contained herein. DCCCD shall have no right of action against the County of Dallas as regards this ILA, specifically including any funding by County of the Project in the event that the County is unable to fulfill its obligations under this ILA as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this ILA or failure of any funding party to budget or authorize funding for this ILA during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the County, at its sale discretion, may provide funds from a separate source or terminate this ILA. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code.

Notwithstanding anything to the contrary herein, this ILA is expressly contingent upon the availability of DCCCD funding for each item and obligation contained herein. County shall have no right of action against the DCCCD as regards this ILA, specifically including any funding by DCCCD of the Project in the event that the DCCCD is unable to fulfill its obligations under this ILA as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this ILA or failure of any funding party to budget or authorize funding for this ILA during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the DCCCD, at its sale discretion, may provide fimds from a separate source or tenninate this ILA. In the event that payments or expenditures are made, they shall be made from curreut funds as required by Chapter 791, Texas Government Code.

Article VI Agreements

DCCCD and County Agree:

1. DCCCD is not responsible for the cost of the project, including, without limitation, the cost of design, engineering, specifications, materials, installation, construction, inspection, and change orders, related to the Project.

2. DCCCD may occupy and utilize all or portions of the Trail placed on DCCCD's property or constructed pursuant to this Easement, for any purpose, and if such activities by DCCCD result in damage to or destruction of the Trail, then DCCCD shall repair, replace andlor restore the Trail at the sole cost and responsibility of DCCCD. If DCCCD occupies and utilizes all or portions of the Trail, it does not interfere with the rights granted in the Easement.

3. DCCCD shall, after completion of the Trail, at all times and at its own expense, be responsible for maintaining, repairing and replacing the Trail.

4. DCCCD hereby establishes, creates, and grants to the County and its successors and assigns for the benefit of the Public, a non-exclusive right, to use the trail on the property described in the Easement.

5. DCCCD will not be required to alter, change or relocate the Project once it is complete and in place, unless DCCCD determines that the relocation is necessary in the public or school interest. In that event, DCCCD agrees to pay for the design and construction of such relocation. All plans that result in the alteration, change,


1 2 1

relocation of the Project in the DCCCD shall be reviewed and approved by County. No work shall commence until County has approved the proposed plans, which approval shall not be unreasonably withheld or delayed.

6. Upon approval by DCCCD to commence the Project, and prior to the actual commencement, County shall provide written notice to DCCCD, or his designated agent.

7. DCCCD and its authorized agents have the right to enter the Property at any time for the purpose of examination and inspection, as well as repairs, alterations, or improvements to the Property as DCCCD may deem necessary or desirable, but that would not unreasonably interfere with the Public's use of the Trail or defeat the function and purpose ofthe Trail.

8. Acceptance of the services or failure to act by DCCCD shall not constitute nor be deemed a release of the responsibility and liability of County for the accuracy and competency of their services; nor shall such acceptance be deemed an assumption of responsibility or liability by DCCCD for any defect in the services performed by County.

Article VII DCCCD Responsibilities

I. DCCD shall be responsible for granting a permanent easement to the City of Farmers Branch and a temporary construction easement to the County. The permanent easements granted shall be in perpetuity.

2. DCCCD will attend weekly field meetings during construction. 3. DCCCD hereby agrees to review and approve any construction changes immediately.

DCCCD further agrees to review and approve any design changes not later than two weeks after County provides the amended plans and specifications to DCCCD showing such change, which approval shall not be unreasonably denied.

Article VIII. County Responsibilities

I. The County shall be responsible for the design and approval of all engineering plans, specification and design changes to the Project. County shall provide such plans and specifications to DCCCD for review and approval.

2. Prior to implementing any design or construction changes to the Project required during construction, County hereby agrees to advise DCCCD of such design or construction changes and provide copies of affected plan drawing sheets and/or specifications for review.

3. The Connty shall be responsible for the solicitation and award of the bid for the construction of the Project. County shall be responsible for the construction administration and inspection of the Project.

4. County will not erect, or permit others to erect, any structure on the Property except as approved in the Project.

Article IX. Funding


122

DCCCD and County mutually agree that the Direct Project and Program cost as follows:

l. The total Project cost is estimated at Two Million One Hundred Fifty Thousand Dollars and no cents ($2,150,000.00). The County's' total obligation to this Project is to provide funding in an amount not to exceed Two Hundred Fifty Thousand Dollars and no cents ($250,000.00), reduced by all County in-House delivery costs of the total Project cost. 2. Project costs may include all County project delivery costs including but not

limited to preliminary scoping and research, preliminary design services, special services, primary design services, inspection, laboratory services and construction. 3. The County has entered into an Agreement with the Town of Addison to

provide funding in an amount of One Million One Hundred Seventy Six Thousand Eight Hundred Seventy Five Dollars and no cents ($1,176,875.00) from NCTCOG Sustainable Development funding by the RTC. 4. DCCCD will not be responsible for any Project cost. 5. The agreed upon Standard Basic Project Design for the Project as defined in the

Project Scoping Sheets, Attachment "A". Such design shall be the Standard Basic Project Design for the Project and specifically does not include Paving and Drainage Amenities or Utility Betterments. If DCCCD adds relocation or adjustment of Utility Betterments, DCCCD agrees that it will pay 100% of the costs of these additions.

Article X Miscellaneous

1. No Third Party Beneficiaries. The terms and provisions of this ILA are for the benefit of the parties hereto and nort for the benefit of any third party. It is the express intention of DCCCD and County that any entity other than DCCCD or County receiving services or benefits under this ILA shall be deemed an incidental beneficiary only. This ILA is intended only to set forth the contractual right and responsibilities ofthe pmiies hereto.

2. Applicable Laws and Agency Approvals. County, without any cost or expense to DCCCD, shall comply with all applicable laws, statutes, ordinances, rules, and regulations including any permits, or other approvals from any agencies to carryon Project.

3. HazardslDangers on Property_ County shall enter the Property at County's own risks. DCCCD shall comply with all applicable laws, statutes, ordinances, rules, regulations, and regulations, including any permits, or other approvals from any agencies to carryon Project.

4. Duty of Care in Performarnce. If County, including any of its materials and equipment, causes damage to the Property, or its adjacent property, the County shall immediately replace or repair the dmnages at no cost or expense to DCCCD and restore the Property to its condition at the commencement of the Project. Repair or replacement of damaged areas of Property shall be performed in a professional manner and using high quality materials. Repair or replacement of damaged areas of Property includes, without limitation, re-seeding, replanting, compacting to the

INTER LOCAL AGREEMENT

123

original density and resurfacing any holes, ditches, or other indentations, as well as any mounds or other inclines created by any excavation by County.

5. Insurance for Temporary Construction Easement.

(A) For County. Without limiting any of the other obligations or liabilities of the County and its Consultants and Contractors, County agrees that its Consultants and Contractors will have and maintain, without cost to DCCCD, in full force and effect, appropriate levels of insurance commensurate with County's obligations and for the risks involved under this Easement.

(B) The provisions of this Section shall survive termination or expiration of this Easement or any determination that this Easement or any portion hereof is void, voidable, invalid or unenforceable.

6. Indemnification. Each party agrees to be responsible for its negligent acts or omissions, or other tortuous conduct in the course of performance of Agreement without waiviug auy sovereign immuuity, governmental immnnity, or other defenses available to the parties nnder federal or State law. Nothing iu this paragraph shall be construed to create or grant auy rights, contractual or otherwise, in or to any third persons or entities. Each party agrees that any such liahility or damages OCCUlTing during the performance of this Agreement caused hy the joiut or comparative negligence of the parties, or their employees, agents or officers, shall he determined ill accordance with comparative responsibility laws of Texas.

7. Assignment. County shall not assign or transfer its rights under this without prior written consent ofDCCCD, which DCCCD is under no obligation to grant.

8. Limitation of Warranties. There are no expressed, statutory or implied warranties, including but not limited to merchantability, fitness for the particular purpose, as to title, or of any other kind arising out of this ILA, and there are no warranties that extend beyond those expres:.sly stated in this ILA.

9. Notices. Any notice, demand or request required or pennitted to be given under this ILA or any law shall be deemed to have been given if reduced to writing and delivered in person or mailed by overnight or Registered Mail, postage paid, to the party who is to receive such notice, demand or request at the addresses set forth below, or at such other address as County or DCCCD may specifY from time to time by written notice. Such notice, demand or request shall be deemed to have been given three (3) days subsequent to the date it was so delivered or mailed to the following:

lNTERlOCAl AGREEMENT

To: County: Ms. Alberta L. Blair, P.E. Director of Public Works Dallas County Administration Building 411 Elm Street, Fourth Floor Dallas County, Texas 75202

To: DCCCD: Mr. Thorn D. Chesney, Ph.D.

124

3939 Valley View Lane Dallas, Texas 75244

Mr. Robert J. Young 1601 South Lamar, Suite 208 Dallas, Texas 75215-1816

10. Sovereign Immunitv. This ILA is expressly made subject to governmeutal entities' sovereign immunity, Title 5 of the Texas Civil Remedies Code and all applicable Stale and federal law. The parties expressly agree that no provision of this ILA is in any way intended to constitnte:a waiver of any immunities from suit or from liability that the parties have by operation of law. Nothing in tllitis ILA is intended to benefit any third-party beneficiary.

11. Entire Agreement. This ILA, including all attachments, Exhibits, and Addendum, if any, constitutes the entire agreement between the parties and supersedes any other agreement concerning the subject matter of this transaction, whether oral or written.

12. Binding Effect. This ILA and the respective rights and obligations of the parties shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto as well as the parties themselves; except that DCCCD, its successors and assigns shall not be obligated to perform beyond the term of this ILA

13. Severabilitv. If any term, covenant, condition or provision ofthis ILA, or the application thereof (0 any person or circumstance, shall 10 any extent be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, oovenants, conditions, or provision of this ILA, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be .affected, impaired or invalidated thereby.

14. DefaultiWaiverlMitigation. It is not a waiver of default if the non-defaulting party fails to declare a default or delays in taking any action. Waiver of any term, oovenant, condition or violation of this ILA shall not be deemed or construed a waiver unless made in authorized written instrument, nor shall such waiver be deemed or cOIllstrued a waiver of any other violation or breach of any of the telms, provisions, and covenants herein contained. The rights and remedies provided by this ILA are cumulative, and either party's use of any right or remedy will not preclude or waive its right to use any other remedy. These rights and remedies are in addition to any other rights the parties may have by law, statute, ordinance or otherwise,_ Pursuit of any remedy provided in this ILA shall not preclude pursuit of any other remedies herein provided or 1Uty other remedies provided by law or equity, including injunctive relief, nor shall pursuil! of any remedy herein provided constitute a forfeiture or waiver of any obligation of the defaulting party hereunder or of any damages accruing by reason of the violation of any of the terms, provisions, and covenants herein contained. DCCCD has a duty to mitigate damages.

15. Counterparts. Number. Heading. and Gender. This ILA may be executed in nnultiple counterparts, each of which shall be deemed an original, but all of whiclh shall constitute one and the same instrument. Words of any gender used in this ILA shall be held and construed to include any other gender, and words in the singular shall include the plural and vice versa, unless the context clearly requires otherwise. HeadiJngs are

lNTERLOCAL AGREEMENT

125

for the convenience of reference only and shall not be considered in any interpretation ofthis Easement.

16. Contingent. This ILA is expressly subject to and contingent upon fonnal approval by the Dallas County Commissioners Court and by approval of the DCCCD Board. This ILA is also contingent upon the executed Agreement between Dallas County and the Town of Addison. If the Agreement between Dallas County and the Town of Addison terminates, this ILA shall terminate as well.

The Dallas County Community College Agreement pursuant to duly authorized __ ,2012.

District, State of Texas, has executed the Dated the __ day of

The County of Dallas, State of Texas, has executed this agreement pursuant to Commissioners Court Order Number and passed on the __ day of _____ , 2012.

* Approved as to Form:

Craig Watkins District Attorney

Dallas County

By: Title: Clay Lewis Jenkins, County Judge

Date: ____________ _

B~;?&c S erri Turner , Assistant District Attorney

*By law, the District Attorneys' Office may only advise or approve contrncts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of OUf client. OUT approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respec:.t:ive attomey(s).


EXHIBIT A (PROPERTY DESCRJPTION)

126

HIKE AND BIKE TRAIL TEMPORARY CONSTRUCTION EASEMENT

THE STATE OF TEXAS § § KNOW ALL PERSONS BY THESE PRESENTS:

COUNTY OF DALLAS §

Grant of a Temporary Construction Eas,ement. On this __ day of=-=-==::--2012, ("Effective Date"), Dallas County Community College District ("DCCCD") a Texas political subdivision of higher education on behalf of Brookhaven College, herein ("DCCCD" or "Grantor"), a political subdivision of the State of Texas, for the sum of One Dollar ($l.00) and other good and valuable consideration in hand paid to Grantor, grants to County of Dallas, Texas, hereinafter "County", acting by and through its duly authorized officials including its officers, employees, successors, and assigns who are authorized by County as necessary participants herein (collectively, "County" or "Grantee"), a non-exclusive Temporary Construction Easement, together with the right of ingress and egress, over, under and across the tracts of real property more particularly described in Exhibit "A" (collectively, "Easement" or "Property") attached and incorporated herein by reference for aU purposes.

Grantee is acquiring this Temporary Construction casement for the construction of a pedestrian bridge and a multimodal pathway from Valley View Lane to the Virtruvian Park Development (the "Project").

Grantor covenants that, at the time of execution of this Easement, Grantor is the owner of the property on which the easement is situated and has the right to convey the easement interest in the Easement property, and that title to the property is free and clear of any encumbrances which would interfere with the ability to grant the easement.

It is further expressly provided that access to and from the remainder of the tract of land of which the Easement is a part, to the Project to be built, shall not be denied. Grantor retains all rights to the Easement, provided that the Grantor's exercise of such rights does not interfere with the Grantee's rights under this Easement. Grantor agrees not to interfere with the Grantee's ability to use or maintain the Easement for the purposes described herein.

TO HAVE AND TO HOLD the above described easement, together with all and singular the rights and appurtenances thereto in anywise belonging unto City, its successors and assigns forever, in perpetuity, and Grantor binds Grantor and Grantor's heirs, executors, administrators or successors, to Warrant and Forever Defend all and singular the said easement unto the City, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part thereof and subject to all of the following provisions, with which Grantor and City agrees and covenants to observe and comply: (A) Temporary Construction Easement. Unless otherwise stated in this Easement, the

term of the Temporary Construction Easement shall begin on the Effective Date and shall terminate one year after the completion of the Project.

(B) Specifically the Property shall be used by County solely for constructing a pedestrian bridge and a multimodal pal:bway from Valley View Lane to the

127

Virtruvian Park Development. The Temporary Construction Easement shall be on, in, under, over, along, upon and across the Property with the right and privilege of ingress, egress, and regress as follows: (I) thirty (30) feet in width, from the centerline of the proposed trail alignment, as detailed in Exhibit "A" and (2) the staging area and field office as detailed in Exhibit "B".

(C) Grantor reserves unto itself, its successors and assigns, the right to use and enjoy its land for any lawful purposes, provided that such use does not unreasonably interfere with the exercise by County of the rights hereby granted.

(D) Grantor specifically reserves the right to grant additional easements upon, over, across, through, in or under the Easement Area granted hereby, for any and all purposes as Grantor, in its sole discretion, may desire, provided that such grant does not unreasonably interfere with the exercise by Grantee of the rights hereby granted.

(E) Grantor hereby establishes, creates, and grants to the County and its successors and assigns for the benefit of the Public, a non-exclusive right, to use the trail on the property described in Exl:tibit "A".

(F) Grantee shall record this instrument in the Deed Records of the county in which Grantor's Land is located, and provide Grantor with a copy of the recorded instrument.

(G) The Easements and all of the tenus, provisions and obligations hereof are binding upon the parties, their succesoors and assigns.

(ll) The persons andlor officer signing below on behalf of Grantor represent and warrant that they have the authority, respectively, to execute this instrument on behalf of Grantor.

Grantor:

Title: ---::--r-------

Date: _-=-j-'--___ ,2012

STATE OF TEXAS ) )

COUNTY OF DALLAS )

128

, . \ 1.1 T L- ~BEFORE~l§, the undersigned authority, on this day personally appeared VV I'Ll Gj q 715£ ( 1t;:::jC- , C. HAN c.:El..i...eIL (title) of Dallas County Community

College District, known to me to be the person whose name is subscribed to the foregoing instrument, and he acknowledged to me that he executed the same with full authority on behalf of

Dc. c: c.. D for the pUlposes and consideration therein expressed, in the capacity therein stated.

2012-GIVEN UNDER MY HAND AND SEAL OF OFFICE this r day of ~T


... ""';.~,Il~%'I'",, MICHElLE A. VASQUEZ . "-':2A'i'~ Notary Public. State of Texas

: ''j){}",§ My commIssion ExpIres ;;'{<;:''..' July 20, 2016

.. "~F,!'"

i\A.t'vh.cll-e.. A: . Va.S't}-{f!::C Typed or Printed Name 0[Not1 J My Commission Expires: -.:1 ';l..<) I Ie

I

129

HIKE AND BIKE TRAil, PEDESTRIAN BRIDGE

AND DRAINAGE CROSSING EASEMENTS

THE STATE OF TEXAS

COUNTY OF DALLAS

§ § §

KNOW ALL PERSONS BY THESE PRESENTS:

Grant of Permanent Easement. That Dallas County Community College District, a Texas political subdivision of higher education on behalf of Brookhaven College ("DCCCD" or "Grantor"), for the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid to Grantor, grant, dedicate, and convey to the City of Farmers Branch, a Texas home rule municipality including its officers, employees, successors, and assigns who are authorized by City as necessary participants herein (collectively, "City" or "Grantee"), for public use a non-exclusive Hike and Bike Trail, Pedestrian Bridge and Drainage Crossing Easements ("Easement Agreement"), together with the right of ingress, egress, and regress therein, for the pnrpose specified below, over, under, and across and upon a portion of that certain lot, tract or parcel of land situated in the tracts of real property particularly referenced as and more specifically described in Exhibit "A" (collectively, "Easement") attached and incorporated herein by reference for all purposes.

Grantor covenants that, at fhe time of execution of this Easement Agreement" Grantor is the owner of the property on which the Easement is situated and has the right to convey the Easement interest in fhe Easement, and that title to the property is free and clear of any encumbrances which would interfere with fhe ability to grant the Easement.

It is further expressly provided that access to and from the remainder of the tract. of land of which the Easement is a part shall not be denied. Grantor retains all rights to the Easement, provided that the Grantor's exercise of such rights does not interfere with the Grantee's rights under this Easement Agreement. Grantor agrees not to interfere with the Grantee's ability to use or maintain fhe Easement for the purposes described herein.

TO HAVE AND TO HOLD the above described Easement, together with all and singular the rights and appurtenances fhereto in anywise belonging unto City, its successors and assigns forever, in perpetuity, and Grantor binds Grantor and Grantor's successors, to Warrant and Forever Defend all and singular the said Easement unto the City, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same or any part fhereof and subject to all of the following provisions, wifh which Grantor and City agree and covenant to observe and comply:

1. The Easements granted shall be in perpetuity. 2. Grantor reserves unto itself, its successors and assigns, the right to use and enjoy

Grantor's land for any lawful purposes, provided that such use does not unreasonably interfere with the exercise by City of the rights hereby granted.

3. Grantor specifically reserves the right to grant additional easements upon, over, across, through, in or under the Easement granted hereby, for any and all purposes

Page 1

130

as Grantor, in its sole discretion, may desire, provided that such grant does not unreasonably interfere with the exercise by Grantee of the rights hereby granted.

4. Grantor may occupy, utilize, or relocate all or portions of the improvements placed on Grantor's property or constructed pursuant to this Easement, for any purpose, and if such activities by Grantor result in damage to or destruction of the improvements, then Grantor shall repair, replace andlor restore the improvements at the sole cost and responsibility of Grantor. If Grantor occupies, utilize, or relocate all or portions of the Easement, it does not interfere with the rights herein granted.

5. Grantor shall, at all times and at its own expense, be responsible for maintaining, repairing and replacing the Easement and the improvements constructed therein.

6. Grantor hereby establishes, creates, and grants to the City and its successors and assigns for the benefit of the Public, a non-exclusive right, to use the trail on the property described in Exhibit "A".

7. Grantee shall record this instrument in the Real Property Records of Dallas County, and provide Grantor with a copy ofthe recorded instrument.

8. The Easements and all of the tenus, provisions and obligations hereof are binding upon the parties, their successors and assigns.

9. The persons andlor officer signing below on behalf of Grantor represent and warrant that they have the authority, respectively, to execute this instrument on behalf of Grantor.

Grantor:

Dallas County Communi District a Poli!ical Subdiv'~is~ioQlnu?'0fd!~~~ fTexas

(~~(~

Title: ----:---7'-~-----

Date: _~'---'-+----'-__ ' 2012

Page 2

1 3 1

STATE OF TEXAS ) )

COUNTY OF DALLAS )

, BEFORE ME, ,the undersigned autholi\)" on this day personally appeared V\J n~M- Lo. S,Sdc¥ , CJ1-ttVlce Itov (title) of Dallas County Co umty College Dlstnct, known to me to be the person whose name is subscribed to the foregoing instrument, and he acknowledged to me that he executed the same with full authority on behalf of D Cc..C D for the purposes and consideration therein expressed, in the capacity therein stated.

A11 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1ft.? day of jIAS±,20£:;

~~~~~~~~~~~~

~.",~T':~"" MICHELLE A. VASQUEZ I

t~~ttJ~«.1o~ Notary Public. State of ,Texas t{l!"§,.!f;2 Mv Commission ExpIres -~~,:j"'Of""',<-~f July 20.2016 '

",",11'" ;


{\A.iUte.lI-e A. VQSjue 1:-Typed or Printed Name of Notary My Commission Expires: _~ { u>~LIe_

Page 3

132

ATTACHMENT A (PI'iOJECTSCOPE)

133




MCIP Project: 17701

SPECIFIC RO.W. ALIGNMENT DESCRIPTION

City or Town Couucil approves of the Financing, Construction or Improvement on the Vitruvian Park Trail System project with Dallas County. The right of way will have an approximate width of 9' feet or as otherwise necessary and convenient for construction ofthe project and consent to acquire by easement which Dallas County Commissioners Court or City/Town Council detennines is necessary or convenient to the proj ecl.

LEAD AGENCY: LEAD AGENCY'S PROJECT MANAGER: CONTACT INFORMATION: PROJECT LIMITS: PROJECT LENGTH: bicycle/pedestrian portion of three bridges:

Dallas County Public Works Tushar Solanki P.E 214-653-6458 Brookhaven Trail Project 4,850Linear Feet including three

MAP IDENTIFYING LIMITS AND PREFERRED ALIGNMENT: <PLEASE INCLUDE A MAP WITH AERIAL IMAGERY THAT IDENTIFIES THE PROJECT LIMITS AND SHOWS THE PREFERRED ALIGNMENT OF THE PROPOSED MULTIUSE P ATHW A Y. PLEASE EITHER INSERT SMALL MAP HERE OR ATTACH MAP AS THE FOLLOWING PAGE>




MOP Project: 17701

EASEMENT TOPICS

IN THE TABLE BELOW LIST EACH AGENCY/ENTITY WITH PROPERTY AFFECTED BY ALIGNMENT (E.G. DART, ONCOR, TxDOT) AND FOR EACH PROPERTY OWNER LIST EASEMENT TYPES (E.G. SIDEWALK, TRAIL, SHARED USE).

Proposed Proposed Proposed Proposed Agency or Entity Approximate Approximate Pavement Shoulder Easement Easement to Grant Easement Segment Start Segment End Width Width Width Type

(ft) (ft) (ftl Southern Property line near North Property Line of 12.00 ft 2.00 ft 12.00ft permanent DCCCD Valley View Lane Brookhaven College

,

->

w ~

135




MCIP Project: 17701

EASEMENT TOPICS

RIGHT OF WAY CONSTRAINTS, IF ANY, PROVIDE A LIST AND DESCRIPTION i\~()~GWI1'JIPJ\1'A F();RIUSI(~_SS~SSlvI~j\JT~ o yES_ . ..181 NO

ANY NON-ROUTINE, i.e., CEMETARY, JUNK YARD, OLD CHURCHES, SERVICE STATIONS, CONTAMINATED SOILS, LANDFILLS, NOISE WALL CONSIDERATIONS, TRAILER PARKS, RESIDENT RELOCATION? 0 YES [8J NO If yes, please define below:

ANY NON-CONFORMING ISSUES? DYES [8J NO

ANY WATER WELLS? DYES [8J NO

EASEMENTIR.O.W. MAP NEEDED? [8J YES 0 NO

FIELD NOTES NEEDED? DYES [8J NO

R.O.W. PLATS NEEDED? [8J YES 0 NO

R.O.W. ACQUISITION? DYES [8J NO

TREE MITIGATION ORDINANCE? DYES [8J NO

PARKING/LOSS OF PARKING CONSIDERATIONS? DYES [8J NO

HISTORICAL SITE CONSIDERATION? 0 YES [8J NO

136



PROJECT SCOPING SHEETS FOR MULTIUSE PATHWAYS (TRAILS) Segments F of Addison MuItimodal Connectivity Improvements

MCIP Project: 17701


PAVEMENT SECTION

DESIGN STM'DARDS TO BE USED? (e.g. AASHTO, TAS)

ORDER OF PRECEDENCE OF STANDARDS

PAVEMENT WIDTH:

Existing: None

AASHTO, TAS, City of Farmers Branch, NCTCOG

"-.................. .

AASHTO, TAS City of Fanners Branch, NCTCOG

Proposed: 8' -12'-0" Trail and 12'.on bridge structure ................................... ,

BICYCLE DESIGN SPEED 12 MPH

PAVEMENT CROSSFALL(I-2%):

GRADE REQUIREMENTS:

Any deep cuts, high fills? 0 YES ~ NO

Maximum vertical grade: 5.0 %

Density measurements required: ~ YES 0 NO

Will switchbacks be necessary to comply with grade requirements: 0 YES [g] NO

137




MCIP Project: 17701


ROADWAY CROSSINGS INVOLVED?

DRNEW A Y CROSSINGS INVOLVED?

RAILROAD CROSSINGS INVOLVED?

BRIDGES OR GRADE SEPARATIONS?

fS:J YES 0 NO

fS:J YES 0 NO

DYES J:8J NO

fS:J YES 0 NO !~xes,jJI(l<lses]J(:c~f~i<l(;ilit)l(ie~llJ(llo>\,:~_____~__~ ___ ~__ ... _ ...... _.~ _ .... _ ..... _ .. _ .__

!Bicycle/pedestrian bridge over Fanners Branch Creek Tributary


SIGNAGE AND/OR DISTANCE MARKERS? YES If yes, please specify types and generally describe locations: ,----'-' '''''' ----,-" -, --, - --- -- -- ----- ----,,---.. ~, ,--,---- ---,- .-,,-"''''''',.---'''----- ------"-" .-""" '"'''' - ---,,-, .-''''_''''''-''_'''' - - --,,-, ,-,.".

PAVEMENT STRUCTURE

MAINTENANCE VEHICLE TRAFFIC? fS:J YES 0 NO



EXPANSION JOINT INTERVALS: 40' -50'


138




MCIP Project: 17701

DRAINAGE TOPICS.

STORM SEWER DESIGN CRITERIA: o TxDOT 0 CITY o HYDRO-35 J::SI TP-40

INLET DEPTHS (APPROPRIATE FOR PAVEMENT THICKNESS) nla

MINIMUM COVER FOR LATERALS

BRIDGESIBOX CULVERTS INVOLVED? J::SI YES 0 NO If yes, specify involvement: J::SI BRIDGE(S) J::SI BOX CUL VERT(S)

FLOOD PLAIN CONSIDERATION? J::SI YES o NO

If yes, what frequency storm event does the trail need to remain clear of? 100

If yes, how mauy feet of freeboard are required? subject to city's further verification

PERMITS

COE 404 PERMITS NEEDED 0 YES J::SI NO

TNRCC 401 PERMIT DYES J::SI NO

CDC PERMIT DYES J::SI NO

EIS DYES J::SI NO

ADA PERMIT J::SI YES 0 NO

TDLRPERMIT J::SI YES 0 NO

ANY OTHER PERMITS FROM OTHER AGENCIES SUCH AS TxDOT, DFW AIRPORT, DART, ETC.? J::SI YES 0 NO I!xes,ple<tse documentbelow:

139




MCIP Project: 17701

UTILITIES

LIST OF ALL KNOWN UTILITIES: . ... , .... --- ._--,- ---.--~ ,.- , _.- ""-~-------- ------ -- -- - ,-, ,-, --- , , "" -..... ",.-

iN ater, sanitary sewer, stonn drain, gas, telecommunications, electric all cross the proposed trail system

L """ __________ , __ ._,__ , ___ _

DOCUMENT KNOWN RISKS (TRAlines, Transmission Towers, Lone Star Gas Valve Stations) FOR OUR UTILITY PARTNERS:

ARE UTILITIES ALONG PROPOSED PATHWAY? [;gJ YES 0 NO

DO UTILITIES OWN THEIR RO.W. OR HAVE PREVIOUS EASEMENTS? [;gJ YES 0 NO 0 UNDETERMINED

. IfyesLpl~ase~~sc:ribe~el()\¥.:.____ ....

:Sanitary Sewer and Water line easements

IF NECESSARY, HAS WORK ORDER BEEN ISSUED FOR SUE (Subsurface Utility Engineering)? DYES 0 NO [;gJ NOT NECESSARy


[;gJ NO

1''''''''' """""""".,-,- ,- -- -------- -----, '" ••. " .,,'"'' "m, ""'''''' ,.,," .. -, ,--, ,-- - - ---

WATER UTILITY BETTERMENTS? 0 YES [g] NO

WATER UTILITYRELOC.? o YES[g] NO

SAN. SEWER BETTERMENTS? DYES [g] NO

SAl'J. SEWERRELOC.? DYES [g] NO

140



PROJECT SCOPING SHEETS FOR MULTIUSE PATHWAYS (TRAILS) Segments F of Addison MultimodaI Connectivity Improvements

MCIP Project: 17701


LANDSCAPING (OTHER THAN SODDING)? DYES

EXPOSED AGGREGATE DRIVEWAYS, SIDEWALKS? 0 YES

~ NO

~ NO

STAMPED/COLORED CONCRETE? o YES ~ NO

IRRIGATION? o YES ~ NO

BRICK PAVERS? ~ YES 0 NO Jfyes, please define location(s): r-" --, ,-,_. -'- -- -~.-" .. ,,-, --_.- "" "" ,,-'" '-'-'---.-",","'''- - ,- ----- -,-,,-""""-,------- "''''"' -" ----, ,,-""-

TRAIL LIGHTING? o YES ~ NO

Ifyes,J)leaseA~fin~ .. I()catiol1( s). al1d spacingof!i~~tingpoles:

TRAFFIC/CROSSING SIGNALS? 0 YES ~ NO

CROSSWALK MARKINGS? o YES ~ ·NO

ON-STREET DEDICATED BIKE LANES? 0 YES ~ NO lfyes, specify width:

BUS STOPS OR BUS SHELTERS? 0 YES ~ NO

RETAINING WALLS? ~ YES 0 NO Ifyesd)le<ls_espe<::~fY"'<llltype.(stol1~' ~lo_c){~,_ga.1Ji()l1s,propri~tarytyp~~,_e!c.) =- ... _

:Concrete retaining walls, adjacent to trail


LOGO COLUMNS?

DYES

DYES

~ NO

~ NO

1 4 1



PROJECT SCOPINGSHEETS FOR MULTIUSE PATHWAYS (TRAILS) Segments F of Addison Multimodal Connectivity Improvements

MCIP Project: 17701

ADDITIONAL TOPICS OF CONCERN (Continued)

SOD, SEEDING, TOPSOIL?

[gI SOD [gI SEEDING [gI TOPSOIL o OTHER:

WAYFINDING MAPS? cgj YES o NO

ANY ADDITIONAL AMENITIES (NOT NECESSARILY FUNDED BY COUNTY) ADJACENT TO TRAIL (E.G. 911 MARKERS, BENCHES, FOUNTAINS, LOGOS, TRASH CANS)?

If yes,pIe_asespC)cifYaJYlenity{ies)~~l(r\~:_ _ ....... ........_ . ........ .._ .... .

ANY PARALLEL FACILITIES PLANNED (E.G. JOGGING PATH NEXT TO CONCRETE MULTIMODALPATHWAY)? 0 YES [gI NO



ANY NEARBY OR ADJACENT SCHOOLS, PARKS, CITY HALL, DEPARTMENT REQUIRING SPECIAL CONSIDERATION? [gI YES If yes, please list the special consideration(s) below: r'------·-'' --"-,-,-,- .--",,,,,,,,,,,,,,,,,,,,,,,, .. -'''''''''''''--'-'' .. ,,"-'''- --,---------""""""''''''''''''-''''''--,-----,-------.-".-."""'''''''''" .. "''".,,'''''''''''''-''''''''--------------,,

'The Trail is located in Brookhaven College Campus

.. •.... ...... ..... .. ... . . .... ... _.. .. ..... •.. .....-•....•..•....••......• -.

FIRE OR POLICE o NO

142



PROJECT SCOPING SHEETS FOR MULTIUSE PATHWAYS (TRAILS) Segments F of Addison MuItimodal Connectivity Improvements

MCIP Project: 17701

PUBLIC INVOLVEMENT ...

NEIGHBORHOOD MEETING, REQUIRED? DYES ~ NO

HAVE ALL NEIGHBOR GROUPS PROVIDED EARLY INPUT? DYES 0 NO ~ N/A

IF REQUIRED WHO CONDUCTS, CITY OR COUNTY? o CITY 0 COUNTY ~ N/A

DOCUMENT POTENTIAL SITES FOR PUBLIC AND/OR NEIGHBORHOOD MEETINGS: - -, --,--- -,,"-"-

-'------------.-"---- .. ,, ---" ... --'


FROM INSPECTION STAFF, DOCUMENT ANY AND ALL ISSUES THAT MAY AFFECT PROJECT SCOPE, BUDGET, CONSTRUCTIBILTY, THE PROJECT SCHEDULE AND/OR THE SAFETY OF PROJECT?

, PHASE I - COMPLETE Addison Multimodal connectivity Project

.I

IPHASE-:n:.~PRQPO§ED~IBrookhav~!J_Ir~i.P.~f{. 'j'",I=j-C"'~-""-'_

PHASE III - FUTURE Rosser Connection by Cily of Farmers Branch

CAR ROlTON

I Potential trail , connection to I Carrolton

143

,voP .... Ad· .Off·street flail

Addison

Connection to the proposed CoUonbell Trail

Fm~eO~art't::::::::::~~ bus 5tatiQn

. ,,,,"tNoli<:. q~Jb '

,',,-.'

ExlsHiIg ~~ t~ ,1ri,\irsY$tem

~~~-!C2mp2!':te I SPfir9 V~Y ., ~~~~-;:'~i

'. ,-, ~,!

• Connectionol the existing Les lacs trail sYstem to new

Propose\:t " 6roOKhavaif D.vetopn1.~t

",; ?:.

ALLAS

Ej\.1$ting on-street bike roule

. i·.:>'-~?

proposed Brookhaven develdpmeflt

l-S,l~mj4C~~~m~ -l • Introduction of both on-road an\!

off·road trail through the proposI;!d Brookhaven development

• Connec\ionofAddison nelghborhodds to Brookhaven Coilege,' .

. ~~2.Il.!L~~~iU • Connection 01 proposed Brookhaven

development to neighborhoods to.!ne north and south . 0.92 mile along west side of Brookhaven

• '~'&iIlile, ___ ~~ Coilege

Section 5 FFUtiml I ~~~~-,1

•• connection pI Brookhaven College to the eXisting Rosser Rd. bike route 29N.

·Creatl;! a bi~e Joute along Rosser Rd. in Farmers Ranch.

LEGEND

~ Existing, tr~ijlb:ike route

--.J p(Oposed Ir"

~J. Existing parks

WNYB ADDISON TRAIL EXTENSION SECTION 3 & 4 BROOKHAVEN CLUB VITRUVIAN

144

.

ATTACHMENTS - ---(CURRENTCOSTESTIMAT~~~~F'ti~b.~C);~URCES)

. • '--- .

145

ATTACHMENT BB


PHASE I - (COMPLETE)

Addison Multi Modal Connectivity (Segments A-E)

DALLAS COUNTY TOWN OF ADDIOSON Total Project Cost PARTICIPATION + Sustainable (Including IHPD)

(including IHPD Development Fund from $130,000.00) NCTCOG

$2,130,000.00 $ 5,000,000.60 7,130,000.00

PHASE II - PROPOSED

Brookhaven Trail connectivity (SEGEMENT F)

DALLAS COUNTY TOWN OF ADDIOSON Total Estimated PARTICIPATION (Sustainable Project Cost

(INCLUDING IHPD) Development Fund from (Including IHPD) NCTCOG)

$1,050,000.00 $ 1,176,875.00 2,226,875.00

1. DCCCD - Responsible for Dedication of Permanent Trail Easement, Operations and Maintenance of Brookhaven Multimodal Pathway

2. Cityof Farmers Branch - Responsible for Acceptance of Permanent Trail Easement from DCCCD for proposed Brookhaven Multimodal Pathway

146

ATTACHMENT B

Brookhaven Trail Connection, MCIP PROJECT NO: 17701 (FROM Valley View Lane to Sonth Pede,s!rian Bridge in Town of Addison)


DALLAS COUNTY PARTICIPATION

$250,000.00

ESTIMATED PROJECT COST

*$2,150,000.00

TOWN OF ADDIOSON (Sustainable Development

Fund from NCTCOG)

$ 1,176,875.00

* Cost estimate is attached here for reference

BROOKHAVEN TRAil

ITEM NO. DESCRIPTION

100 Preoaration of ROW

100 Tree RemovallpruninQ

110 Excavation (Trail)

110 Excavation (Bridge)

132 Embankment

132 Embankment (Bridqe)

160 Furnishing and lacing Top Soil (4")

16 2 Block Sodding

164 Cellular Fiber Mulch Seed /Penn)

164 Cellular Fiber Mulch Seed (Temp)

423 Concrete Retaining Wall (Cast-in- Place)

432 R1PRAP (STONE)(MORTAR)

450 Railing (42")

464 Box Culvert (6 X 2) 00

466 HeadWall

467 Safety End Treatment

500 Mobilization

502 Barricades, Siqns

506 Rock Filter Oam(fnstall)

506 Rock Filter Dam (Removel

506 Construction Exits Install)

506 Construction Exits (Removel

506 Temporary Sediment Control Fence !nstalJ)

506 Temporary Sediment Control Fence(Removel

531 Concrete Sidewalk (Class ClI6 INll12FT WIDE)

644 Smal! Road Side Sign SUDPorts and assemblies

6000 Project LOGO

6001 Removable/Lockable Sollards

450 Guard Rail (MBGF)

6002 Bridqe (Continental Kev) or Equal

420 Concrete Class C (Abutment

416 Drilled Shaft (24 in)

459 Gabions(WALL)

459 Gabion Mattress

506 Hay Bale(INSTALl)

506 Hay Bale(REMOVE)

506 Biodeoradable Erosion Control Laos

147

Brookhaven Traii Connection Preliminary Cost Estimate As of May 24,2012

TOTAL.. UNIT QUANTITY UNIT PRICE

STA 49 $1,500.00

LS 1

CY 11200 $28.00

CY 600 $28.00

CY 1400 $30.00

CY 700 $30.00

SY 6755.00 $2.00

SY 3377.00 $3.00

SY 7000 $18.00

SY 7000 $10.00

SY 1350 $48.00

CY 200 $300.00

IF sao $55.00

LF 84 $60.00

EACH 7 $2,500.00

EACH 14 $2,000.00

lS 1 $60,000.00

MO 10 $1,500.00

LF 100 $200.00

LF toO $100.00

SY 1000 $22.00

SY 1000 $10.00

LF 11000 $1.50

LF 1WO $0.50

SY 6550 $50.00

EA 50 $350.00

Each 2 $600.00

Each 4 $250.00

LF 1-00 $300.00

Each 1 $200,000.00

CY 85 $640.00

LF 150 $110.00

CY 50 $380.00

SF "ill $110.00

Each '0 $15.00

Each "D $6.00

LF 100011) $1.50 Grading and Paving

Bridge Consultant Subtotal

Contingencies { O%}

Sub Total SUE

IHPD Material Testing ( 2%)

Sub Total R.O.W Costs

Grand Total

TOTALCQST

$73,500.00

$50,000.00

$33600.00

$16800.00

$42,000,00

$21,000.00

$13,610.00

$10,131.00

$73,782.00

$40,990.00

$64,800,00

$120,000.00

$33,000.00

$240.00

$10,000.00

$16,000.00

$60,000.00

$10,500.00

$20,000.00

$10,000.00

$22,000.00

$10,000.00

$16,500.00

$4,600.00

$327500.00

$17,500.00

$1,200.00

$2,000.00

$22,500.00

$200,000.00

$54.400.00

$17,500.00

$19,000.00

$16,600.00

$150.00

$60.00

$8,775.00 $1,460,138.00

$100,000.00 $1,560,138.00

$0,00 $1,560,138.00

$7,000,00 $550,000.00

$31,202.76 $2,148,340.76

$0.00

$2,148,340,76

148

(TEMPORARY· Ej,\SEMENT EXHIBIT A)

County: Parcel No: Project Name: MCIP Project No:

149

EXHIBIT" A"

Dallas

Parcell-TE-! July 5, 2012

I-TE-I (Temporary Construction Easement) BROOKHAVEN TRAIL 17701

PROPERTY DESCRIPTION FOR PARCEL I-TE-1

BEING a 15.5775 acres (678,556 square feet) tract of land in the Noah Good Survey, Abstract No. 520, Dallas County, Texas, said 15.5814 acre tract being a portion of the Final Plat DCCCD Brookhaven College Addition as recorded in the Open Public Records Dallas County, Texas (O.P.R.D.C.T.) by the Instrument Number 200900266486, said 15.5775 acre tract being more particularly described by meets and bounds as follows (all bearings into curves described below are tangent to the curves except when noted);

COMMENCING at a brass monument (control monument) found in the south property line of said Brookhaven College tract same as the north right of way line of Valley View Lane (a variable width right of way), said brass monument is the most southerly southeast comer of the Brookhaven tract from which a Y, inch iron rod found bears along a tangent curve to the left with a radius of 424.32 feet a central angle of 30 degrees 40 minutes 19 seconds, and arc distance of 227.15 feet a chord distance of 224.45 feet and :a chord bearing of North 74 degrees 00 minutes 39 seconds East;

THENCE South 89 degrees 20 minutes 48 seconds West a distance of 1,048.25 feet along the north right of way line of Valley View Lane and the south property line of the Brookhaven tract to a corner for the POINT OF BEGINNING; .

THENCE South 89 degrees 20 minutes 48 seconds West a distance of 28.67 feet continuing along the north right of way line of Valley View Lane and the south property line of the Brookhaven tract to a brass monument found (control monument); .

THENCE South 60 degrees 38 minutes 54 seconds West continuing along the north right of way line of Valley View Lane and the south property line of the Brookhaven tract a distance of 12.58 feet to a Y, inch iron rod set with a cap stamped 'Dallas County' and continuing a distance of 12.27 feet to a Y:, inch iron rod set with a cap stamped 'Dallas County' and continuing a total distance of 41.66 feet to a corner, said corner is the most north easterly comer of a tract of land conveyed to the City of Farmers Branch as recorded in Volume 96233, Page 02676 (D.R.D.C.T.);

THENCE South 89 degrees 20 minutes 23 seconds West along the south property line of the Brookhaven tract same as the north property line of the Fanners Branch tvact a

M:\Brookhaven Trail Connection 17701\ROW\PAR_l_TE-l.doc 1

150

distance of 2322 feet for a comer from which a 'X' cut set bears South 49 degrees 11 minutes 06 seconds West a distance of 108.03 feet;

THENCE North 41 degrees 28 minutes 55 seconds West a distance of 51.36 feet for a comer;

THENCE North 17 degrees 22 minutes 23 seconds East a distance of 146.25 feet for a comer;





THENCE North 35 degrees 59 minutes 34 seconds West a distance of 256.91 feet for a corner;

THENCE North 69 degrees 13 minutes 20 seconds West a distance of 203.88 feet for a corner;



THENCE South 85 degrees 30 minutes 43 seconds West a distance of 184.23 feet for a comer;


THENCE North 50 degrees 36 minutes 47 seconds West a distance of 86.93 feet for a comer from which a brass monument (control monument) found lying in the east right of way line of Marsh Lane (a 130 feet right of way) bears South 69 degrees 53 minutes 55 seconds West a distance of 82.69 feet;


M:\Brookhaven Trail Connection 17701\ROW\PAR~!~TE·l,doc 2

151

THENCE due West a distance of 11,55 feet for a comer lying in the east right of way line of Marsh Lane same as the west property line of the Brookhaven tract;

THENCE North 00 degrees 33 minutes 08 seconds West along the east right of way line of Marsh Lane same as the west property line of the Brookhaven tract a distance of 147,74 for a comer;

THENCE due East a distance of 18,94 feet for a comer from which a Y, inch iron rod set with a cap stamped 'TRA V' bears North 34 degrees 06 minutes 09 seconds West a distance of 36.06 feet;

THENCE North 11 degrees 32 minutes 02 seconds East a distance of 114.38 feet for a corner;

THENCE North 45 degrees 24 minutes 38 seconds East a distance of 71.22 feet for a corner;

THENCE North 62 degrees 20 minutes 56 seconds East a distance of 373.51 feet for a comer from which a Y, inch iron rod set with a cap stamped 'TRA V' bears South 66 degrees 59 minutes 07 seconds West a distance of 159.70 feet;

THENCE South 78 degrees 55 minutes 13 seconds East a distance of 307.97 feet for a comer from which a Y, inch iron rod set with a cap stamped 'TRA V' bears North 29 degrees 48 minutes 12 seconds East a distance of 85.33 feet;


THENCE North 55 degrees 49 minutes 21 seconds East a distance of 142.96 feet for a Comer;




THENCE North 76 degrees 22 minutes 37 seconds West a distance of85.20 feet for a comer;


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THENCE South 76 degrees 21 minutes 47 seconds East a distance of 69.61 feet for a corner;

THENCE North 00 degrees 18 minutes 22 seconds West a distance of 586.35 feet to a corner lying in the north property line of the Brookhaven tract same as the south property line of a tract of land conveyed to S2S Greenhaven Associates LP by Instrument Number 200600335782 Open Public Records Dallas County, Texas (O.P.R.D.C.T.) from which a 5/8 inch iron rod found (control monument) with a cap bears South 89 degrees 37 minutes 39 seconds West a distance of377.06 feet;

THENCE North 89 degrees 37 minutes 39 seconds East a distance of 68.29 feet to a liz inch iron rod set with a cap stamped 'Dallas County' and continuing a distance of 12.65 feet to a liz inch iron rod set with a cap stamped 'Dallas County' and continuing a distance of 18.48 feet to a liz inch iron rod found (control monument) and continuing for a total distance of 539.30 feet for a comer from which a liz inch iron rod set with a cap stamped 'TRA V' bears South 61 degrees 03 minutes 35 seconds West a distance of 290.40 feet;

THENCE South 00 degrees 18 minutes 22 seconds East a distance of 537.29 feet for a comer;

THENCE South 89 degrees 41 minutes 38 seconds West a distance of 243.60 feet for a corner from which a liz inch iron rod with a cap stamped 'TRA V' bears South 54 degrees 04 minutes 22 seconds East a distance of 107.64 feet;

THENCE South 17 degrees 48 minutes 49 seconds West a distance of 231.98 feet for a corner;

THENCE South 66 degrees 09 minutes 49 seconds West a distance of 195.86 feet for a corner and the begirming of a non-tangent curve to the left having a radius of 383.00 feet from which a PK Nail set bears South 67 degrees 02 minutes 17 seconds West a distance of72.99 feet;

THENCE along said curve to the left through a central angle of 51 degrees 11 minutes 01 seconds, a arc distance of342.14 feet, a chord bearing of South 59 degrees 07 minutes 20 seconds West a chord distance of330.88 feet;


THENCE Sonth 85 degrees 59 minutes 38 seconds West a distance of 168.22 feet for a comer;

THENCE North 78 degrees 55 minutes 13 seconds West a distance of229.87 feet for a comer;

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THENCE South 11 degrees 32 minutes 02 seconds West a distance of 73.69 feet for a comer from which a 'i'2 inch iron rod set with a cap stamped 'Dallas County' bears North 78 degrees 05 minutes 37 seconds West a distance of34.26 feet;

THENCE due East a distance of 269.03 feet for a comer from which a 'i'2 inch iron rod with a cap stamped 'TRA V' bears North 80 degrees 52 minutes 15 seconds East a distance of 164.67 feet;

THENCE due South a distance of 147.72 feet for a comer;

THENCE due West a distance of 127.73 feet for a comer;

THENCE due South a distance of 192.15 feet for a comer;

THENCE due West a distance of 135.01 feet for a comer;





THENCE South 58 degrees 08 minutes 27 seconds East a distance of 166.93 feet for a comer from which a 'i'2 inch iron rod with a cap stamped 'TRA V' bears North 59 degrees 42 minutes 49 seconds East a distance of39.95 feet;



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THENCE South 69 degrees 13 minutes 20 seconds East a distance of 141.43 feet for a comer from which an 'X' cut found bears South 42 degrees 55 minutes 40 seconds East a distance of 137.67 feet;



THENCE South 50 degrees 52 minutes 05 seconds East a distance of 101.64 feet for a comer from which a 'X' cut found bears South 80 degrees 54 minutes 02 seconds East a distance of 153.54 feet;

THENCE South 11 degrees 24 minutes 51 seconds East a distance of 63.68 feet for a corner;

THENCE South 03 degrees 50 minutes 36 seconds West a distance of 164.93 feet for a corner;


THENCE South 41 degrees 28 minutes 55 seconds East a distance of 72.28 feet to the POINT OF BEGINNING and containing 15.5775 acres (678,556 square feet) ofland more or less.

BASIS OF BEARING: Horizontal SURFACE Coordinates and bearings used hereon are NAD83 and are based upon the Texas Coordinate System, North Central Zone (40202), North American Datum 1983 (NAD83), 1983 Adjustment, Geoid03 ModeJ, with a grid to surface adjustment factor of 1.0001518033.


By: ~c~ D"" z/.~h-~. saJ1deTS01l: Registered Professional Land Surveyor Texas No. 4093

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155

...

ATTACHMENTE (PERMANENTI;ASEMENTEXHlinTA)

.

County: Parcel No: Project Name: MClP Project No:

156

EXHIBIT "A"

Dallas 1 (Permanent Trail Easement) BROOKHAVEN TRAIL 17701


Parcell July 5, 24H2

BEING a 3.2726 acres (142,553 square feet) tract of land in the Noah Good Survey, Abstract No. 520, Dallas County, Texas, said 3.2726 acre tract being a portion of the Final Plat DCCCD Brookhaven College Addition as recorded in the Open Public Rec<ords Dallas County, Texas (O.P.RD.C.T.) by the Instrument Number 200900266486 said 3.2726 acre tract being more particularly described by metes and bounds as follows (all bearings into curves described below are tangent to the curves except when noted);

COMMENCING at a brass monument found for a comer (control monument) in the south property line of said Brookhaven College tract same as the north right of way line of Valley View Lane a variable width right of way, from which a brass monument found (control monument) bears along said south property line same as the said north right of way North 89 degrees 20 minutes 48 seconds East a distance of 1,076.92 feet;

THENCE South 60 degrees 38 minutes 54 seconds West along said south property line and north right of way a distance of 12.58 feet to a Yz inch iron rod set with a cap stamped 'Dallas County' and the POINT OF BEGINNING;

THENCE South 60 degrees 38 minutes 54 seconds West continuing along said south property line and north right of way a distance of 12.27 feet to a Yz inch iron rod set with a cap stamped 'Dallas County';

THENCE North 41 degrees 28 minutes 55 seconds West a distance of 2.79 feet departing said south property line and north right of way to a point for the beginning of a non tangent curve to the right having a radius of20.00 feet;

THENCE along said curve to the right through a central angle of 158 degrees 08 minutes 59 seconds, a arc distance of 55.20 feet, a chord bearing or North 37 degrees 31 minutes 02 seconds West and a chord distance of39.27 feet to a corner for the beginning of anIOn tangent curve to the right having a radius of 7 I .00 feet;

THENCE along said curve to the right through a central angle of 42 degrees 57 minutes 28 seconds, a arc distance of 53.23 feet, a chord bearing of North 04 degrees 06 minutes 21 seconds West and a chord distance of51.99 feet to a point;

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THENCE North 03 degrees 58 minutes 23 seconds West a distance of 29.12 feet to a point and beginning of a curve to the right having a radius of 106.00 feet;





THENCE North S5 degrees 46 minutes 47 seconds West a distance of 23.39 feet to a comer;


THENCE South 55 degrees 46 minutes 47 seconds East a distance of 17.15 feet to a comer and the beginning of a non tangent curve to the left having a radius of 54.00 feet;

THENCE along said curve to the left through a central angle of 38 degrees 24 minutes 09 seconds, a arc distance of 36.19 feet, a chord bearing of North 11 degrees 53 minutes 07 seconds West and a chord distance 1Of35.52 feet to a point;





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158




THENCE North 35 degrees 24 minutes 31 seconds West a distance of 51,72 feet to a comer;




THFNCE North 34 degrees 56 minutes 39 seconds West a distance of 41.19 feet to a point and the beginning of a curve to the left having a radius of94.00 feet;


THENCE North 69 degrees 13 minutes 20 seconds West a distance of 102.67 feet to a point and the beginning of a curve to the right having a radius of206.00 feet;





THENCE North 57 degrees 34 minutes 35 seconds West a distance of 47.03 feet to a point and the beginning of a curve to the left having a radius of94.00 feet;

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THENCE along said curve to the right through a central angle of 29 degrees 37 minutes 43 seconds and an arc distance of28.96 feet to a point and the beginning ofa non tangent curve to the right having a radius of 35.00 feet;

THENCE along said curve to the right through a central angle of 173 degrees 04 minutes 25 seconds, an arc distance of 105.72 feet, a chord bearing of North 55 degrees 17 minutes 35 seconds West and a chord distance of 69.87 feet to a Yz inch iron rod set with a cap stamped 'Dallas County' said Jiron rod is the beginning of a non tangent curve to the right having a radius of 81.00 feet from which a brass monument found (control monument) in the east right of way line of Marsh J~ane (130 feet width right of way) bears South 68 degrees 31 minutes 40 seconds West a distance of 116.82 feet;

THENCE along said curve to the right through a central angle of 27 degrees 20 minutes 02 seconds and an arc distance of 38.64 feet, a chord bearing of North 23 degrees 25 minutes 07 seconds West and a chord distance of 38.28 to a point;

THENCE North 09 degrees 45 minutes 06 seconds West a distance of 291.05 feet to a point and the beginning of a curve to the right having a radius of81.00 feet;

THENCE along said curve to the right through a central angle of 23 degrees 24 minutes 34 seconds and an arc distance of 33JJ9 feet to a point;


THENCE along said curve to the left through a central angle of 19 degrees 03 minutes 44 seconds and an arc distance of 39.59 feet to a point;.

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THENCE North 05 degrees 24 minutes 16 seconds West a distance of 96.06 feet to a Yz inch iron rod set with a cap stamped 'Dallas County' and the beginning of a curve to the right having a radius of 156.00 feet from which a Y, inch iron rod set with a cap stamped 'TRA V' bears North 67 degrees 00 minutes 49 seconds West a distance of 61.26 feet;


THENCE North 62 degrees 20 minutes 56 seconds East a distance of 248.84 feet to a point and the beginning of a non tangent curve to the right having a radius of 206.00 feet;

THENCE along said curve to the right through a central angle of 40 degrees 06 minutes 49 seconds, a arc distance of 144.22 feet, a chord bearing of North 81 degrees 01 minutes 22 seconds East and a chord distance of 141.30 feet to a point;

THENCE South 78 degrees 55 minutes 13 seconds East a distance of 231.20 feet to a point and the beginning of a curve to the left having a radius of294.00 feet;


THENCE North 40 degrees 44 minutes 12 seconds Fast a distance of3.24 feet to a point and the beginning of a curve to the right having a radius of 406.00 feet;








M~\Brookhaven Trail Connection 17701\ROW\PAR~1.doc 5

1 6 1


THENCE along said curve to the right through a central angle of 15 degrees 49 minutes 00 seconds and an arc distance of 84.4 7 feet to a point;





THENCE North 74 degrees 53 minutes 41 seconds West a distance of 28.42 feet to a point and the beginning ofa non tangent curve to the right having a radius of 61.00 feet;

THENCE along said curve to the right through a central angle of 58 degrees 01 minutes 09 seconds, a arc distance of 61. 77 feet, a chord bearing of North 45 degrees 53 minutes 07 seconds West and a chord distance of 59.16 feet to Y, inch iron rod set with a cap stamped 'Dallas County' in the north property line of the Brookhaven College tract same as the south property line of a tract of land conveyed to S2S Greenhaven Associates LP by Instrument Number 200600335782 Open Public Records Dallas County, Texas (O.P.R.D.C.T.) from which a 5/8 inch iron rod found with a cap (control monument) bears South 89 degrees 37 minutes 39 seconds West a distance of 445.35 feet to a point;

THENCE North 89 degrees 37 minutes 39 seconds East a distance of 12.65 feet along said property line to a Y, inch iron rod set with a cap stamped 'Dallas County' and the beginning of a non tangent curve to the left having a radius of 49.00 feet from which a y, inch iron rod found (control monument) bears North 89 degrees 37 minutes 39 seconds East a distance of 18.48 feet;

THENCE along said curve to the left through a central angle of 54 degrees 25 minutes 22 seconds, an arc distance of 46.54 feet, a chord bearing of South 48 degrees 17 minutes 08 seconds East and a chord distance of 44.81 feet to a point;



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THENCE South 11 degrees 56 minutes 39 seconds West a distance of 59.52 feet to a point and the beginning ofa curve to the left having a radius of294.00 feet;


THENCE South 03 degrees 52 minutes 21 seconds East a distance of 121.00 feet to a Yz inch iron rod set with a cap stamped 'Dallas County' from which a Yz inch iron rod set with a cap stamped 'TRA V' bears South 63 degrees 44 minutes 47 seconds East a distance of257.84 feet;


THENCE South 03 degrees 56 minutes 57 seconds East a distance of 60.60 feet to a point from which a Yz inch iron rod set with " cap stHmped 'TRA V' bears South 54 degrees 04 minutes 22 seconds East a distance of 107.64 feet;

THENCE South 17 degrees 48 minutes 49 seconds West a distance of231.98 feet to a comer;

THENCE South 66 degrees 09 minutes 49 seconds West a distance of 195.86 feet to a point and the beginning of a non tangent curve to the left having a radius of 383.00 feet from which a PK Nail set bears South 67 degrees 02 minutes 17 seconds West a distance of72.99 feet;

THENCE along said curve to the left through a central angle of 13 degrees 28 minutes 24 seconds, an arc distance of 90.06 feet, a chord bearing of South 77 degrees 58 minutes 38 seconds West and a chord distance of 89.86 feet to a comer;

THENCE North 19 degrees 49 minutes 41seconds West a distance of 3.28 feet to a comer;

THENCE South 70 degrees 1 o minutes 19 seconds West a distance of 33.62 feet to a point and the beginning of a curve to the left having a radius of 394.00 feet;


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THENCE along said curve to the left through a central angle of 67 degrees 45 minutes 12 seconds and an arc distance of 170.28 feet to a Yz inch iron rod set with a cap stamped 'Dallas County';





THENCE South 09 degrees 45 minutes 06 East a distance of 291.05 feet to a point and the beginning of a curve to the left having a radius of 69 .. 00 feet;

THENCE along said curve to the left through a central angle of 25 degrees 17 minutes 19 seconds and an arc distance of 30.45 feet to a Yz inch rod set with cap stamped 'Dallas County' and the beginning of a non tangent curve to the right having a radius of 35.00 feet;

THENCE along said curve to the right through a central angle of 145 degrees 04 minutes 12 seconds and an arc distance of 88.62 feet, a chord bearing of South 55 degrees 59 minutes 31 seconds East and a chord distance of 66.77 feet to a comer and! the beginning of a non tangent curve to the left having a radius of 44.00 feet;

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THENCE along said curve to the left through a central angle of 23 degrees 27 minutes 58 seconds, an arc distance of 18.02 feet, a chord bearing of North 78 degrees 22 minutes 57 seconds East and a chord distance of 17.90 feet to a point;




THENCE along said curve to the left through a central angle of 06 degrees 59 minutes 25 seconds and an arc distance of 48. 07 feet to a point;

THENCE North 80 degrees 05 minutes 38 seconds East a distance of 23.37 feet to a point and the beginning of a curve tD the right having a radius of 106.00 feet;

THENCE along said curve to the right through a central angle Df 42 degrees 19 minutes 47 seconds and an arc distance of 78.31 feet to a point;

THENCE South 57 degrees 34 minutes 35 seconds East a distance of 46.92 feet to a point;

THENCE South 58 degrees 40 minutes 17 seconds East a distance of 49.90 feet to a point and the beginning of a curve tD the right having a radius of 106.00 feet;

THENCE along said curve to the right through a central angle Df 27 degrees 57 minutes 58 seconds and an arc distance of 51.74 feet to a point;

THENCE South 30 degrees 42 minutes 19 seconds East a distance of 139.17 feet to a point and the beginning of a curve to the left having a radius of 194.00 feet;

THENCE along said curve to the left through a central angle of 38 degrees 31 minutes 01 seconds and an arc distance of 130042 feet to a point;


THENCE along said curve to the right through a central angle of34 degrees 16 minutes 41 seconds and an arc distance of 63.42 feet to a point;

THENCE South 34 degrees 56 degrees 39 seconds East a distance of 50.20 feet to a comer;

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THENCE South 34 degrees 56 minutes 39 seconds East a distance of 20.17 feet to a point and the beginning of a curve to the left having a radius of 594.03 feet;


THENCE South 37 degrees 05 minutes 20 seconds East a distance of 85.99 feet to at

point and the beginning of a non tangent curve to the left having a radius of 194.00 feet;

THENCE along said curve to the left through a central angle of 20 degrees 55 minutes 39 seconds, a arc distance of 70.86 feet, a chord bearing of South 52 degrees 24 minutes; 21 seconds East and a chord distance of 70.47 feet to a point;

THENCE South 62 degrees 52 minutes 10 seconds East a distance of 87.19 feet to a point and the beginning of a curve to the right having a radius of206.00 feet;





THENCE along said curve to the right through a central angle of 43 degrees 34 minutes 38 seconds and an arc distance of 50.20 feet to a comer;



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166

THENCE North 55 degrees 46 minutes 47 seconds West a distance of 16.99 feet to a comer and the beginning of a non tangent curve to the left having a radius of244.00 feet;

THENCE along said curve to the left through a central angle of 08 degrees 35 minutes 21 seconds, a arc distance of 36.58 feet, a chord bearing of South 07 degrees 51 minutes 43 seconds West and a chord distance 0[36.54 feet to a point;






THENCE along said curve to the left through a central angle of 41 degrees 52 minutes 28 seconds and an arc distance of 43.12 feet to a point and the beginning of a non tangent curve to the left having a radius of 20 .00 feet;

THENCE along said curve to the left through a central angle of 131 degrees 47 minutes 46 seconds, a arc distance of 46.01 feet, a chord bearing of South 37 degrees 26 minutes 32 seconds East and a chord distance of 36.51 feet to a comer;

THENCE South 41 degrees 28 minutes 55 seconds East a distance of 5.91 feet to the POINT OF BEGINNING and containing 3.2726 acres (142,553 square feet) of land more or less.

BASIS OF BEARING: Horizontal SURFACE Coordinates and bearings used hereon are NAD83 and are based upon the Texas Coordinate System, North Central Zone (40202), North American Datum 1983 (NAD83), 1983 Adjustment, Geoid03 Model, with a grid to surface adjustment factor of 1.0001518033.


B, ~{~ DMe 1(,5/I"L Registered Professional Land Surveyor Texas No. 4093

M:\Brookhaven Trail Connection 17701\ROW\PAR_l.doc 11

I PA.RCEL 1 & P.A.RCEL l-TE-l I Note' Horizonto! SURFACE Coordinates ond bearings used hereon ore NAD83 I SHEET 1 OF 7 and Ofe bosed upon the Te~os Coordinate System. North CenlC'l1 Zone (40202). '

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(eM)

" ............ 4< 1:>-

...... ~(tl .. J-t:

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"

O.P.R.D.C. T. OPEN PUBLIC RECORDS ON..LAS COUNTY TEXAS Narth American Datu'" 1983 (NA083l. 1983 Adjustment, GeoidO;:3 Model, with

""'~ r-

O.R.O.C.T. DEED RECORDS DALLAS COUNTY T(XAS o grid to surfoce adjustment foctor of 1.0001518033

M.R.OX.T.

o

.'~. , ,.,.

6

@Y""

'"

MAP RECORDS DALLAS COUNTY !tXAS

SEGMENT END POINTS" POINTS OF TANGENCY

PERMANENT TRAIL EASEMENT

TEMPORARy CONSTRUCTION EASEMENT

RIOHT OF WAY ANO PROPERTY LINE

MONUMENT FOUND

~" tRON ROO SET WITH A eN'

CONTROL MONUMENT

FINAL PLAT DCCCO BROOKHAVEN COLLEGE ADOITION

PARCEL 1 PERMANENT EASEMENT

PARCEL 1 TE-1 TEMPORARY CONSTRUCTION EASEMENT

204.5874 ceres (8,916,181 sq Hl la' ,"'

3_2726 acres (142,553 sq ft)

15.5775 ,acres (678,556 sq ft)

NOAH GOOD SURVEY ABSTRACT 520

"

City "f Farmers Branch

" '-.--.

FINAL PLAT DCCCD BROOKHAVEN COLLEGE ADDITION

--

rNST. Nit. 200900266486 (OPRDCT)

~ ~

iJ "

2

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THIS IS TO CERTifY THAT THE ABOVE PLAT WPS PREPARED FROM AN ON THE GROUND

SURVEY CONDUCTED UNDER MY SUPERVISION

->.

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COI.INTY{i,,.,1:iAf..i.As, TEXAS DEPARTi'lIlS~.~~of;:iy~L!~ WORKS

7-3-1::> j"=4n'

----.- -lplI,RCEL 1 & P,L\RCEL 1

O.P.R.O.C.L OPEN PUBLIC RECORDS DALlAS COUNTY TEXAS fiNAL PLAT DeCCD BROOKHAVEN 204.6874 oeres (8,916.181 sq It) SHEET 2 OF 7 COLLEGE ADDITION

C.R.O.C. T. DHD RECORDS DALLAS COUNTY TEXAS PARCEL t PERMANENT EASEMENT 3.2726 CCreS (142.55J sq ft)

M.R_D.C.L

o

" ®'" OM

IlU W :r: (fJ

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MAP RECORDS DALLAS COUNTY TEXAS

SEGMENT END POINTS t. POINTS OF TANGENCY

PERMANENT TRPlL EASEMENT

TEMPORMY CONSTRUCTION [ASEMWT

RlGHT OF WAY AND PROPERTY LINE

MONUMENT FOUND

If' IRON ROD SET WITH A CAP

CONTROL MONUMENT

PARCEL 1 TE·l TEMPORARY CONSTRUCTION EASEMENT

NOAJi GOOD SURVEY ABSTRACT 520


INST. No. 200900266486 (OPRDCT)

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15.5775 ocres (678,556 SQ flJ

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------ - - - - .!!~~.!!9" iV 2.36.&/ _____ _

-","'- ___ ::::;::: - )11. 14 -"--'

~ --' - - -.. - _S-!f·'i~·I~" f

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THIS IS TO CERTIFY THAT THE ABOVE PLAT WAS PREPARED FROM AN ON THE GROUND

SURVEY CONDUCTED UNDER MY SUPERVISION

~~,~ 1/bsfz-

"'J

TE

-'

(J) ())

Note' Horilo~\ol SURF ACE Coord;not~s and beorings used hereon ore NA083 and are bosed uPon the Texas Coordinate System, Nodh Central Zone (4020::n, North Amerbln Datum 1983 (NAD831, 1983 Adjustment, Geoid03 Model, with

COUNTY,(:i~~b~t,iAS TEXAS "'.// "","',' 1

o grid to surface adjustment foelor of 1.0001518033 DEPARTME~rrc\~f':~I!!3LJC WORKS i (U..' ,',.\~'.:' I, 1,,\,,::,,',

EAStlV!~~~c!il'~!Si'l',ION BROOKi,Ul.lr~~'[RJi!t::CbNNECTION I

'i\ii¢i{:i:,il'i:t61 > ,---J DRAWN~ WR/.IR I rl-lim ~ "',,)"" h .. " ,;..rl'._. ':.. "·1

n.p.R.O.C. '1. OPEN PUBLIC RECORDS DALLAS COUNTY T[XAS

D.R.D.C. T. DEED RECORDS GALLAS COUNTY TEXAS

M.RJ),{;,T. MAP RECORoS DALLAS COUNTy Tr;XAi) FINAL PLAT DCCCO BROOKHAVEN 204.6874 <lcr~s {8,916,181 sq fO

o SEGMENT END POrNTS a. POINTS OF TANGENCY COLLEGE ADDITION

PERMANENT TRAIL EASEMENT PARCEL 1 PERMANENT [ASEMENT 3.2726 ceres (142.553 sq I()

_ - - TEMPORARY CONSTRUCTION EASE~ENT

-- - - ~ RIGHT OF WAY AND PROPERTY LINE

l:, MONt)M[flT FOUND

@"' lin IRON ROO SET WITH A CAP

eM il/i/" CONTROL MONUMENT

PARCEL 1 T£-1 IE:1,PORARY CONSTRUCTION EASEMENT 15.5775 ocres (678,556 sq 10

NOAH GOOO SURVEY ABSTRACT 520


INST. No. 200900266486 (OPRDCT)

/

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THIS IS TO CERTIFY THAT THE ABOVE PLAT WAS PREPMED FROM AN ON THE GROUND

SURVEY CONOUC"[EO UNDER MY SUPERVISION

E. SANDERSON. R.P.L.S.

~twt:l/lS~iiER$EPtOR ---::-~/ VOL 93:/47. PAGe 3722 (ORDen

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PARCEL 1 & PARCEL 1- TE-1 SHEET 3 OF 7

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Nole' HoriZOflloi SURFACE Coordinotes and bearings "sed hereon Of. NftD83 ond Of"e bosed "pan the T e~as Coordinote System, North C.,,,trai Zone (40202), NodM American Datum 1983 (NAD83), 198.3 Adjus\me~t, G,~oid03 Model, with a grid to surface odjustment loclor of 1.0001516033

TEXAS / ',/',/ ,,\~""'" ','<,., \ ~

DEPARTMI:~:!¥PF'~Yli.l:.,lC WORKS

f)AT.,.· 7_,_''> '"'_An'

N 00' 20' !~ •• W - 400.24' __ '" ---------- -------------.--- ____ w _______ _

w - 147.74'

LANE (130' R.O.W.) PARCEL 1- TE-l 4 OF 7

'-" ~_ _ ""tt;'f '1 ~ ------------------~ -----~.-~---~ (DGE OFLANOSCAO\NG ............. '-..... ---------4<>",

~- 01' RO.f'r.-.,.

(DROP) WRDen

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THIS IS TO CERTIF'I' THAT THE ABOVE PLAT WAS PREPARED FRO\! AN ON THE GROUNO

SlIRV.;:Y C:ONOVCT(D UNDER MY SUPERVISIOM

_,O--"l"~ J-~jlNO[RSON, R,P .loS.

-r/D7/1?-

FINAL P-LAT DCCCD BROOKHAVEN COLLEGE ADDITION

-, 81-?I~ " "

I I , , I

INST. No. 200900266486 (OPROCT)

I so?:..~:..!' __________ ! ------------ 192.15' J

O.P.R,O_C.T. OPEN PUBliC RECORDS DALLAS COUNTY TEXAS

D.R.D.C.T. DEED RECORDS DALLAS COUNTY TEXAS

M.R.D.C.t. MAP f{f;COROS OALLAS COUNTY nXAS

o SEGMENT END POINTS I\, POINTS OF TANGENCY

PERMANENT TRAIL EASEMENT

...-- ~ ~ T[MPORMY CONSTRUCTION EASEMtNT

-_ - - - RIGHT OF WAY AND PROPERTY liNE

6. MONUMENT FOUND

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FINAL PLAT DCCCO 8ROOKHAVEN 204.6874 acreS (B,916,181 "q !I)

--'

NOAH GOOD SURVEY ABSTRACT 520

., , , , COLLEGE ADDITION

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BACKGROUND

174

DAlLAS COUNTY Trail and Preserve Program 411 Elm Street, S'd Floor Dallas, Texas 15202

Commissioners Court

C(),'>1t1!'- fi'A' \, S ZriUfiT 13 APR 24 PlH2: 44

Rick Loessberg, Director of Planning & Development 1ft..-. Rose Adame, Park & Open Space Administrator ieJk

Proposed Improvements for Goat Island Preserve

Staff has recently conducted research on ways to make improvements to the ooat Island and Riverbend Preserves that will increase the public's utilization of these preserves and has developed a package of proposed improvements that have been recommended by the County's Trail and Preserve Program Board. So that the Commissioners Court can consider these proposed improvements, the following briefing has been prepared.

IMPACT ON OPERATIONSIFINANCE

Goat Island Preserve is located along the Trinity River in the County's unincorporated southeastern comer and is immediately adjacent to the Riverbend Preserve (see attached map). These two preserves, which collectively contain 866 acres, are among the largest in the County's Open Space System and represent about 26% of the total acreage in the system. The public's utilization of these preserves is minimal, and it is thought that this is so because of their relatively remote location and their lack of amenities (signage, all-weather parking, benches, etc.).

So that these issues can be addressed, staff proposes that a number of activities be undertaken. These include installing a monument sign at the. main entrance to Goat Island similar to the one at Fish Creek Preserve as shown below.

411 Elm Streett 3rd Floor Dallas, Texas 75202 radamg.@2<lJlascou!Jlv,org

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They also include having R&B 3 remove the remains of a demolished structure near the preserve's entrance, having R&B 3 create an asphalt parking area at the north end, and using limestone blocks to establish the perimeter of the parking area and to serve as seating benches throughout the preserve.

Funding is available for the approximately $45,000 needed for the proposed improvements as noted below:

Removal of Debris Asphalt Parking Area Rock Benches Monument Sign

$ 3,000 $15,000 $12,500 $15,000 $45,000

In addition to the proposed improvements for Goat Island, it is proposed that the County enter into a Memorandum of Agreement (MOA) with the Dallas Off-Road Bicycle Association (DORBA), a non-profit group that has created soft-surface trails in other parks in the Dallas area, including the County's Rowlett Creek & Windmill Hill Preserves, to build similar trails at Goat Island.

DORBA has an excellent reputation and is very interested in working with the County at Goat Island. DORBA members will assign trail stewards to design the trails as well as be responsible for maintaining them. DORBA will also only develop and place trails in locations with the County's prior approval. Photos below show the type of trails that DORBA builds.

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Having DORBA involved at Goat Island will not only create an amenity that can be used by the public, but it will also bring with it DORBA's active membership who will ensure that the bicycle paths are used. Such activity and presence will thus help discourage the illegal dumping and hunting that occasionally occurs at the preserve.

If these improvements and activities prove successful at Goat Island, staff proposes that they be extended to the Riverbend Preserve in the very near future.


Installing the proposed improvements and signage and entering into the proposed MOA with DORBA, which will increase the public's utilization and awareness of the County's Open Space System, is consistent with the County's Strategic Plan which specifically recommends utilizing the County's Open Space System as a means for making Dallas County the destination of choice for businesses and residents.

RECOMMENDATION

It is recommended that the County enter into an MOA with DORBA for the placement of softsurface trails at Goat Island Preserve and that the County undertake the proposed improvements to Goat Island.

attachment

cc: Ann Lamb, Trail and Preserve Board Chairman Ryan Brown, Budget Officer Virginia Porter, Auditor

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April 24, 2013

TO:

THROUGH:

FROM:

SUBJECT:

178 DALLAS COUNTY OFFICE OF BUDGET AND EVALUATION

Commissioners Court

Rya~rown, Budget Officer

Office of Budget and Evaluation Staff

Conferenceffravel!Training Requests

The following departments have requested approval for Conferenceffravel/Training. The requested amounts listed are estimates. All reimbursements for hotel and meals are reimbursed according to Dallas County policy with receipts. Mileage reimbursements are reimbursed at the approved rate at the time of travel. Additional documentation is available for further reference.

Elected Officials/Departments notifying Commissioners Court of Conference/Travel/Training fund requests that do not require Commissioners Court approval under State Statues

PROBATE COURT #1- notifies Commissioners Court of Judge Brenda Hull Thompson attendance at the 2013 National College of Probate Judges Conference in San Antonio Texas from May 7-11, 2013. The total estimated cost to attend is $1,676 ($400 - airfare, $636 - hotel, $120 -meals, $60 - ground transportation, $60 - baggage fee, and $400 -- registration). Funding is available in Probate Escrow 532.21667.

Elected Officials/Departments requesting Conference/Travel/Training approval for funds that have Commissioners Court authority

ROAD AND BRIDGE DISTRICT #2 - requests approval for mileage reimbursement for Commissioner Cantrell's attendance at the TechShare Summit - cns, JCMS and ACMS Stakeholder Committee meeting on April 10, 2013. The total mileage reimbursement is $201. Funding is available within budget.

COUNTY JUDGE - requests approval for Lauren Mish to attend the TXDOT Freight Advisory Committee meeting in El Paso, Texas on May 13-14, 2013 to represent Judge Jenkins. The total estimated cost to attend is $403 ($284- airfare, $99 - hotel, and $20 - parking). Funding is reguired from Emergency Reserves.

411 Elm Street - 3rd Floor, Dallas Texas 75202-3340 (214) 653-6363 • Fax (214) 653-6517 • rlwatkins(Ctld,~jjasc()untv.()rg

179

COUNY CLERK - requests approval for Anita Saul·Turner to attend the 2013 Conference of the County Investment Academy in Galveston, Texas from June 9-12, 2013. The total estimated cost to attend is $1,100 ($450 - hotel, $225 - registration, $320 - ground transportation and baggage fees, and $105 - meals). Funding is available in the Records Management Fund.

DISTRICT CLERK - requests approval for the following:

a) Nina Mountique to attend the TexFile Information Session in Austin, Texas on May 22, 2013. The total estimated cost to attend is $60 ($25- registration fee and $35 -meals). Funds are available in DDA

b) Gary Fitzsimmons and Virginia Etherly attended the TAC Legislative Breakfast on March 11-12,2013. The total estimated cost to attend is $827 ($250 - hotel, $437 - mileage, and $140 _. meals). Funds are available in DDA.

c) Gary Fitzsimmons to attend the Texas District Courts Alliance Board Meeting in San Marcos, Texas on April 25, 2013. The total estimated cost to attend is $574 ($335 -airfare, $90 - car rental, $50 - renewal membership, $50 - gas, $14 - parking, and $35 -meals). Funding is available in DDA

d) Gary Fitzsimmons to attend the Testimony on Senate Bill 1172 Senate Jurisprudence Committee in Austin, Texas on April 23, 2013. The total estimated cost to attend is $483 ($388 - airfare, $35- meals, and $60 - ground transportation). Funding is available in DDA

e) David Bradley to attend the Testimony on Senate Bill 1172 Senate Jurisprudence Committee in Austin, Texas on April 23, 2013. The total estimated cost to attend is $483 ($388 - airfare, $35- meals, and $60 - ground transportation). Funding is available in DDA

f) Maria Sanchez to attend the Odyssey User Conference from May 22-24, 2013. The total estimated cost to attend is $970 ($400 - registration, $270 - hotel, $90 - meals, $110-car mileage, and $100 - gas). Funding is available in the District Clerk Technology Fund.

CONSTABLE PRECINCT 4 - requests approval for the following:

a) Constable Williams to attend the Texas FBINAA Command College in Arlington, Texas from June 3-7, 2013. The total cost to attend is $350 for registration. Funding is available in DDA

b) Jason Johnson to attend the ASP Instructor Course from June 4-6, 2013 at the DPD Academy Dallas, Texas. The total cost to attend is $50 deposit. Funding is available in TCLEOSE funding.

180

TAX OFFICE - requests approval for the following:

a) John Ames to attend the 2013 TACA Conference in San Marcos, Texas from June ]-6, 2013. The total estimated cost to attend is $1,271 ($662 - hotel, $175 - meals, $175 -registration, and $259 - mileage). Funding is available in SIT budget.

b) Nonn Kasal to attend the 2013 TACA Conference in San Marcos, Texas from June 1·6, 2013. The total estimated cost to attend is $844 ($529 - hotel, $140 - meals, and $175-registration). Funding is available in SIT budget.

c) Linda Beard to attend the 2013 TACA Conference in San Marcos, Texas from June 1-6, 2013. The total estimated cost to attend is $844 ($529 - hotel, $140 - meals, and $] 75-registration). Funding is available in SIT budget.

COUNTY CRIMINAL COURT #2 - Judge Julia Hayes to attend the Criminal Justice Conference from May 23- 24, 2013 in Rockwall, Texas. The total estimated cost to attend is $60 for registration. The department does not have DDA (4602). Funding is available in DDA.

162ND CIVIL DISTRICT COURT - requests approval for Melinda Thomas to attend 2013 Professional Development Program (PDP)Trial Court Coordination Training in Austin, Texas from June 24-28, 2013. The total estimated cost to attend is $160 for registration. Funding is available in DDA.

19151 CIVIL DISTRICT COURT - requests approval for Marsha Sweet to attend 2013 Professional Development Program (PDP) Trial Court Coordination Training in Austin, Texas from June 24-28, 2013. The total estimated cost to attend is $160 for registration. Funding is available in DDA.

DRUG COURT PROGRAM - Judge McDowell requests approval for Ronda Sutton, Court Coordinator, to attend the 2013 Professional Development Program (PDP) Trial Court Coordination Training in Austin, Texas from June 24 -28, 2013. The total estimated cost to attend is $160 - registration. Funding is available in DDA.

SHERIFF - requests approval for the following:

a) Earnestine Sanders and Fonda Boyd to attend the AlA 32"d Annual Training Conference and Jail Expo in Grand Rapids, Michigan from May 5-9, 2013. The total estimated cost to attend is $4,156 ($1,300 - airfare, $1,506 - hotel, $500 - food, $200 - ground transportation, and $650 - registration fees). Funding is available in 532.3151.91046.

b) Executive Chief Deputy Flores and Assistant Chief Herrera to attend the 2013 Annual Texas Chief Deputies Association Conference in Kerrville, Texas from June 11-14,2013. The total estimated cost to attend is $1,800 ($289 - mileage, $880 - hotel, $290 - meals, and $450 . registration fees). Funding is available in 532.3151.91046.

c) Paul Lehmann, Christopher Smith, Stacy Franklin, Michael Dolliff, Netora Harley, and Rebecca Evans to attend the International Association of Law Enforcement Firearms Instructors Conference in Mobile, Alabama. The request is for county vehicle request

1 8 1 with gas credit card.

d) Jerry Kitchens to provide testimony at the Environmental Regulation Committee hearing HB 3812 on April 16, 2013 and Senate Transportation Hearing SB 1350 on April 17, 2013 in Austin, Texas. A county vehicle with gas credit card will be used for transportation. The total estimated cost to attend is $195 ($125 - hotel and $70 food). Funding is available in 532.21310.94072.

Notifying Commissioners Court of Conference/Travel/Training funds used by Gmnt Progmms

INSTITUTE OF FORENSICS SCIENCES - requests approval for the following:

a) Elizabeth Todd, Ph.D. to participate on the Houston Technical Advisory Group and attend the TAG's organizational meeting in Houston, Texas from April30-May 1, 2013. There is no cost to Dallas County for staff to attend.

b) Aria McCall, Justin Schwane, Brittany Welch, Heidi Christensen, Eric Crossley, Steve Stierman, Sarah Olive, Sandra Flores, Francisco Ortiz, Terry Robinson, Karina DeFina, Lori Fuller, and Alvin Finkley to attend the Southwestern Association of Toxicologists meeting including training in current issues in toxicology from May 16-18, 2013. The total cost to attend is $1,240 for registration fees. Funding is available in grant funds 466.0.2462.2013.3403.

COUNTY AUDITOR - requests approval for Suajata Ramakrishnan and Wessen Stefanos to attend the Governmental Accounting, Reporting and Auditing Seminars in Dallas, Texas on August 5-8, 2013. The total estimated cost to attend is $2,550 for two people ($2,150 - seminar, $120-mileage, $120 - parking, and $160 - meals). Funding for travel is available from various grants .

.JUVENILE DEPARTMENT - requests approval for the following:

a) M. Nordman, J. Valencia, B. Anderson, and S. Davis) to attend the Conference for the Advancement of Mathematics Teaching _. CAMT in San Antonio, Texas from July 9-12, 2013. The total estimated cost for staff to attend is $2,550 ($1,436 - hOlel, $504 - meals, $580 - registration, and $30 - conference parking). Funding is available in Title II, Part A (468.7503.2460.2013).

b) Robert Conlin, Roderick James, Virginia Larry, Naquetta Simpson, Sisay Tolla, and Karim Moghrabi from the Academy for Academic Excellence to attend the STEM Forum & Expo Conference. The conference will be held at the St. Louis Convention & Visitors Commission, 701 Convention Plaza, Suite 300, SI. Louis, MO 63101, on Wednesday May 15,2013, and returning on Friday May 18, 2013. The total estimated cost for the six (6) staff to attend is $6,922 ($1,560 - registration fee, $1,367 - hotel, $1,188 -- food, $1,547 flight, $360 - airport parking, $300 - additional luggage, and $600 - shuttle round-trip/taxi services). Funding is available in the Dallas County Juvenile Department's Title II Part A funding (468.7503.2460.2013).

182

HEALTH AND HUMAN SERVICES requests approval for the following:

a) Deanna Gilmore to attend the HUD Rapid Result Veteran Boot Camp in Tampa, Florida on April 14-17, 2013. The total wst to attend is $1,210 ($400 - airfare, $180 - meals, $450 - hotel, $100 - ground transportation, and $80 - airport parking). Funding is available in grant 467.8050.2460.2004.

b) Susan Kent and Laura Gomez to attend the 2013 National TB Conference in Atlanta, Georgia from June 9-13, 2013. The total cost to attend is $4,048 ($816 - airfare, $1,191- hotel, $580 - meals, $260 - ground transportation, $1,100 - registration fees, and $100 -luggage fees). Funding is available TB Prevention and Control grant #8701.

c) Venus Dukes to attend a Grant Writing USA Class from May 9-10, 2013. The total estimated cost to attend $469 ($43 - mileage and $425 - registration). Funding is available in grant #8704 - HIV Prevention Plan.

d) Venus Dukes and AIviony Pangloli to attend a Technical Assistance Meeting in New . York, New York from May 21-24,2013. The total estimated cost to attend is $4,540

($2,000- airfare, $1,200 - hotel, $640 - food, $400- ground transportation, $160-parking, and $140 - baggage fees)_ Funding is available in grant #8736 - SAMHSA.

e) Pamela Smith to attend the .Toint Public Information Officer Meeting in Arlington, Texas on April 23, 2013. The total estimated cost to attend is $23 for mileage. Funding is available in grant #8723 - PHP.

f) Emily Gore, Howard Hamilton, and Tammara Scroggins to attend the Dallas Convergency Collaborative Technology Summit in Grapevine, Texas on May 16, 2013. The total estimated cost to attend is $67 for mileage. Funding is available in grant #8723 - PHP.

183

April 30, 2013

MISCELLANEOUS

1) PURCHASING - requests approval for the County Auditor to release payment in the amount of $139.51 to Heartland Asphalt Materials under Bid No. 2011-102-5731 Annual Contract for Road and Highway Building Materials. The amount represents additional freight due to the delivery of a load less than the minimum required of 5,500 pounds. The vendor noted that the minimum load for delivery with freight included would be 5,500 pounds. When loads less than the minimum are requested, the vendor will include a freight charge of $0.13 per gallon on the shortage.

2) TELECOMMUNICATIONS - requests approval to have Senior Consultants and Sology Solutions relocate the Access Control System that monitors the panic buttons for the 31 Court Rooms and four (4) holding cells at George Allen Courts building to an established telecom closet on the fourth floor. The Prowatchl Access Control System is currently located in an elevator/air shaft on the fourth floor of George Allen. This location does nQi meet standards and presents a safety hazard. The move will require the following items funded through the Telecommunications budget (120.1023.6520) at a total estimated cost of$15,600.

1. 56-18/2 shielded cable drops over 150' 2. 20-18/2 shielded cable drops over 300' 3. 6-18/2 shielded cable drops under 150' 4. 2-50 pair cable under 150' 5. 52-labQr hQurs

Recommended by the Office Qf Budget and Evaluation.

3) ENGINEERING & PROJECT MANAGEMENT - requests approval to extend the current lease for the Dallas County Juvenile Probation Office at 3939 East Highway 80, from May 1, 2013 thrQugh May 31, 2013 while in negotiations. This lease extension will cover an additional 30-day periQd, at which time a new agreement will be finalized. In Qrder to' continue scheduled lease payments a Same Day CQurt Order has alsO' been included on the Formal Agenda. Recommended by the Office Qf Budget and EvaluatiQn.

4) COUNTY CLERK - requests approval to hire two temporary summer help employees to assist with the Digital Courts/Imaging Project. The employees will be paid at a rate of $11.89 per hour for at twelve week period beginning May 18, 2013 through August 31, 2013. The estimated total cost will be $11,414. The temporary staff will be funded from the County Clerk's Records Management Fund. There is no impact on the General Fund. Recommended by the Office of Budget and Evaluation.

04/30/13

184

5) DISTRICT & COUNTY CLERK - requests approval of additional funding needed to reconcile outstanding invoices for the implementation of OnBase Workflow in the District and County criminal courts. The funding is for Workflow licenses and fingerprint devices in support of the fingerprint/signature project. Total funding needed to pay the outstanding invoices is $15,685.76. Funding will come from District Clerk (Fund 94083) and County Clerk's Record Management Fund. Recommended by the Office of Budget and Evaluation.

TELECOMMUNICATIONS

Community Supervision & Corrections - _D1304007 - requests three new data cables for network connectivity of Eye Scanner (drug testing) and 2 ARS (Kiosk) machines (client reporting). Work is to be completed at Frank Crowley 8th floor Clerk area. Equipment $0.00; Installation $600.00; Recurring Cost $0.00 - Recommended

Conuty Clerk - M1303026 - requests one voice cable to replace the existing damaged/cut cable in the ceiling. Work to be completed at Frank Crowley Court #6. Equipment $0.00; Installation $200.00; Recurring Cost $0.00 - Recommended

Information Technology Services - requests (re-brief on P13030m & P1303007 needed to rent a lift to complete jobs, P1303005 & P1303010 needed to provide wire and cable management equipment, P1303006 adklitional labor hours, Briefed April 2, 2013 for $3,600.00 (18 cables x $200). Installation of eighteen (18) data lines for wireless offloading of video from Sheriff s vehicles as part of the Sheriff s in car Panasonic Digital Video project at six (6) County locations. These lines are required to make connectivity to the new weatherproof wireless access points, POE injectors and remote intermediate servers which will manage the scheduled delivery of video information to the central server located at the Cirrus One Data Center. The locations are: P1303003 -715 Rowlett Rd, Garland - four (4) data lines - $1148.52 P1303004 - 15606 E. Langdon Rd, Dallas - two (2) data lines - $284.26 P1303005 - 100 N Riverfront, Dallas, - two (2) data lines - $1337.49 P1303006 - III W. Commerce St, Dallas - two (2) data lines - $584.08 P1303007 -7201 S Polk St, Dallas - six (6) data lines - $2020.78 P1303010 - 537 Long Creek Rd - Sunnyvale - two (2) data lines - $2035.23 Equipment $0.00; Installation $7,410.36; Recurring Cost $0.00 - Recommended - Fnnd -120.3137.08610

Parkland Jail Health - _P1304002 - requests eight new data cables for access points to remotely monitor the thermometers of the medication refrigerators. Work to be completed at Lew Sterrett; (2) West Tower 2 room st2-1, (1) West Tower 5 room st5-1, (I)West Tower 8 room st8-1, (1) North Tower mom 251A, and (1) North Tower 7 room #7-25IA, (1) Building 'B' Central Intake - pyxis machine room and (1) Building' B' TB department room B2090. Equipment $0.00; Installation $1600.00; Recurring Cost $0.00 -Recommended

04/30113

185

Sheriff - Fugitive - requests: 01304011 - one data cable be relocated to opposite wall to prevent harmful incidents. Work to be completed at Frank Crowley 1st floor room C-12. Equipment $0.00; Installation $200.00; Recuning Cost $0.00 - Recommended

M1304013 - one voice cable be relocated to opposite wall to prevent harmful incidents. Work to be completed at Frank Crowley 1st floor room C-12. Equipment $0.00; Installation $200.00; RecUlTing Cost $0.00 - Recommended

Sheriff - Intake - P1304001 - requests reanangement and replacement of multiple loose cables and 3 exposed copper wires. Work to be completed at Lew Stenett B building 1 st

floor Receptionist area. Equipment $0.00; Installation $261.77; Recuning Cost $0,00 -Recommended

Security - requests: 01304004 - one new data cable for contracted security officer's computer connectivity to sign-in and out. Work to be completed at 2600 Lone Star. Equipment $0.00; Installation $200.00; Recuning Cost $0.00 - Recommended

01304005 - one new data cable for contracted security officer's computer connectivity to sign-in and out. Work to be completed at Frank Crowley 1st floor room S 1. Equipment $0.00; Installation $200.00; Recuning Cost $0.00 - Recommended

01304006 - one new data cable for contracted security officer's compnter connectivity to sign-in and out. Work to be completed at George Allen Court building 1 st floor Dock area. Equipment $0.00; Installation $200.00; Recuning Cost $0.00 - Recommended

• Funding for the above requests are available from countywide department 1023, line item 7210 telecom equipment and department 1023, line item 6250 cable contract, if otherwise it will be stated in brief.

• Projects are fnnded by requesting department, if otherwise it will be stated in brief.

• Cell Phone funding is provided by the requesting department and is stated.

• Pagers are funded from department 1023, line item 7214.

MISCELLANEOUS EQUIPMENT

Actual invoiced amounts may deviate by up to $5 from the amounts listed without additional Commissioners Court Authorization,

04/30/13

Miscellaneous EguipmentrrelecommunicationslDues/Computer Hardware and Software/Supplies over $50 April 30, 2013

Actual invoiced amounts may deviate by up to $20 from the amounts listed v.1thout additional ('Almmissioners Cour1 Author;7-"tion

QIy Total R=Repl.

Departmeut Fuudinj! Expense .. Cod", Recom. _____ l!e'" Description Unit Cost Cost N=Ncw Justification

1324 Sheriff-Kitchen

1325 Shenff - K,tchen

1326 Sheriff 1327 Sheriff 1328 Sheriff Nor1h Tower 1329 Sheriff_Kitchen 1330 Sheriff-Jails 1331 Sheriff-Release

1332 Records Management

1333 Road and Bridge Di~trict 2

1334 Information Technology

1335 Information Technology

1336 Information Technology 1337 Information Technology 1338 Information Technology 1339 Information TechnolOb'Y 1340 Sheriff - Executive

1341 Sheriff - Bond Desk 1342 Shenff - ExecutlVe

1343 Telecommunications - Security

1344 Health & Human Services

1345 Health & Human Services 1346 Health & Human Services 1347 Health & IInman Services 1348 Health & Human Services 1349 Health & Human Services 1350 Health & Human Services

1351 Health & Human Services

1352 County Clerk 1353 Health & Human Services 1354 Jail DiverSIOn

1355 Sheriff - Fugitive

1356 Public ServIce Program 1357 Tax Office 1358 Tax Office 1359 Tax Office

1360 CSCD

1361 CSCD

136Z Juvenile Department 1363 Texas A&M AgriLife £.'(ten.~ion Service

Within Budget - Supplies

Within Budget _ Supplies

Within Budget - Supplies Commissary

Within Budget - Supplies Within Budget- Supplies

Commissary Within Budget - Supplies

Grand Prairie Subcourthouse Project

New Program Contingency

HardWllre Refresh

Major Technology Fund

Major Technology Fund Major Technology Fund Major Technology Fund Major Technology Fund

Within Budget Within Budget Within Budget

Within Budget

TACAA..(}ncor Energy Grant

Adnun. Reserve PHEPGrant' PHEl'Granl PREP Grant PHEPGrant PREP Grant

WIthin Budget

Time Paymt:nt Fund PREP Grant Funds

Unaliocated Reserves

Within Budget

Emergency Reserves

Within Budget - Supplies Within Budget - Supplies

Within Budget Reserves and Contingency

Furniture and Equipment Reserves and Contingency

Furniture and Equipment Within Budget

Within Budget - Supplies

120.3152.2545

120.3152-2545

120.3134.2080 532.3151.91046 120.3141.2740 120.3152_2545 5]2.3151.91046

1203150.2590

196.70153

105.2520_2093

195.0_8630.0,0_92055

195.2093.92055

195.863092084 195_863092084 195_8630,92084 195.86)0,92084 120.3110_2093

120.3128.2093 120.3110,2093

120,1023_7210

466.2160_2013,8504

467.2090.2004 &050 466_2160,2013 8723 466.21602013_8723 466.2160.2013_8723 466.2160.2013.8723 466.2170.20l3.8723

120_5211.7215

532.403 I _94086 466_8650.2013 _8723

120.4014,7020

1203131.2093

120_3330,2970

120.1035,2160 120.1035.2090 120.1035.8610

120,3320.2090

120.3320.2090

1205110_2960 120,2050.2160

Infrared Food Safety Thermometer

Steel Bollard WIth removable rubber caps

6 Onlme Invest!gative System Camcorder v.ith Accessories

75 Paint 2 Heavy Duty 60" Paddles 13 Ipads and Accessories

Alarm LDck

Centra!i~_ed Postal Unit

iPad and Accessories

Cisco 3850 48-por1 PoE Catalyst Switch with seconda!)' 2 power supply. 4 x 1Gb network module, 4 GE SFP's and

fiber cables

2

2

2 2

4

Del! e6530 laptop with dock bundle

48" Plastic Folding Table Plastic Folding Chairs 6' Folding Ladder Plastic Storage Bins HP Laserjet 2035

Epson Printer HP Officejet Printer

ETP-400talk a phone emergency call slation unit

LCD Frimtd Privacy Filw Projector Screen\ 36" Premium Bond Paper 36" Photo Glossy Paper 60" Premium Bond Paper 60" Photo Glossy Paper Delivery Chwge

Internet connectivity data services wi device through mot

4 Touch Smart Computer 4 Dell Server Power Edge R620

Konica Minolta 363 Copier wf Credit Card Option - 36 M

HP Laserjet Color Primer

I Uniforms

2 Rubbermaid Utility 2 Utility Carts

Plexiglass for New Frames

Guest Chair

Rounded Mahogany Table and Base

4 CPR and First Aid Supplics CoffeePot

60

63

475

410

135 330

750 600

1,085

817

9,465

1665 75

8,325 200

30 270

300 100

1,305

J34 600

50 125 75

160 25

150

1,300 7.565

265

350

3,000 70 200

500

213

236

15 106

300

50'

2,850 410

10,125 660

9.150 600

1.085

817

18,930

8,325

75 16.650

200 60

270 300 100

1,305

1,002 800 100 250 150 320

25

600

5,200 30,260

265

350

3,000

140 400

500

213

238

60 106

N Needed to check food temperature

N Needed to keep fire exunguisher from bemg knocked off of the wall

N R N N N N

N

N

R

N

N N N N R R R

It

R It R R R R R

N

N R R

R

R R R R

R

Needed to wnduct research for criminal investigations Replace current one used for Board hcarmgs Needed to paint jail Needed to cheek food temperature Needed for jails Needed for securing secure area

Needed for delive!)' of mail at OP Subcourthouse

Needed for RB2 staff to work in the field

Needed to replace two existing 8-year old Cisco 3550 switches, Will proVlde po,"ver for IP-based phones, support full 1 Gb connectlOns to the desktop. and supply power for additional wireless access point, being Installed by the County Clerk in the Records Building

Laptop~ "I.VIth dock bundle are needed 10 provide the ApplicatlOn~

Support group Needed for collocated Data Center for employee workspace Needed for collocated Data Center for employee workspace Needed for collocated Data Center a.. tool for employees Needed for collocated Data Center material storage

Replacement for printer that cannot be repaired Replacement for printer that cannot be repaired Replacement for printer that cannot be repaired Needed to replaee device on !eve! 3, N\\' corner that is defective Pbone unIt is required for safe handling of ~,a!1s in the George Allen Parking Garage

To protect confidential flies on computer monitor Needed to replace screen used for FSS meeting Paper for large format printer Paper for large fonnat printe!

Paper for large format printer Paper for large format printer Charges for the deEvery of the paper order Services needed for laptop for county vehicles to access to web based Map Vision Needed for Commissioner'S Cour1 Administration Re-briefing from March 5, 20]3 to correct quantity Contract Expired, new copier needed Needed for Captain's Office for confidential material; replacing printer that can no longer be repaired

Uniforms for Maintenance Personnel Needed for storage Needed for storage Need for large Dalla., County maps to be displayed in Tax Offic~

Needed for the Executive Office location

R Needed for the Executive Office location

R Needed of Juvcmle Supervision Officers R Needed 10 replace the broken coffee pot

->.

OJ (J)

Miscellaneous Eguipmentffelecommunications/Dues/Computer Hardware and Software/Supplies over $50 April JO,2013

Actual invoiced amounts may deviate by up to $20 from the amounts listed without additional Commissioners Court Authorization

Qty

Department 1'~1I~4_!nj:( ExpellSe Code Recom. Item Description Unit

Cost

Tntal R"'Repl. Cost N"'New Justification

-'

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