HomeMy WebLinkAboutContract 48129 CITY SECRETAW
DOE # CONTRACT 010.y -.11
REGOVED
STORMWATER FACILITY
AUG 30 2016 MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of
by and between D. R. Horton — Texas, Ltd. , hereinafter referred to as
"Landowner", the Huntington Estates Homeowners Association , hereinafter referred to as
"Association"and the City of Fort Worth, hereinafter referred to as "City".
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 15.016 acre tract located in the Jose Chirino Survey, Abstract 265, Tarrant
County, Texas according to the deed recorded in County Clerk's File No. D2014237553,
hereinafter called the "Property".
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Huntington Estates hereinafter
called the`.`Plan", which is expressly made a part hereof, as approved or to be approved by
the City and the Landowner and Association provides for management of Stormwater
within the confines of the Property; and
WHEREAS, the City and the Landowner and Association, and their successors and
assigns, agree that the health, safety and welfare of the residents of the City of Fort Worth,
Texas require that on-site Stormwater Management Facilities be constructed and
maintained on a portion of the Property; and
WHEREAS, the City requires that on-site Stormwater Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
Landowner, its successors and assigns, including Association, the location and dimensions
EFT. L RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CRETARY 1
Rev.05/14//2014
RTH, Tx
of which is shown and more particularly described by metes and bounds in the attached
Exhibit"A" ("Facility Property"); and
WHEREAS, Landowner agrees to convey the Facility Property to the Association
and the Association agrees to accept the Property where the Stormwater Facility is
located.
NOW, THEREFORE, in consideration of the foregoing premises, the mutual
covenants contained herein, and the following terms and conditions, the parties hereto
agree as follows:
1. The Landowner and Association, its successors and assigns, shall adequately
construct and maintain the on-site Stormwater Management Facility
("Facility") at no expense to the City of Fort Worth in accordance with the
design specifications for the Facility, attached as Exhibit "B", and the current
standards then in force and effect in the City of Fort Worth and with the
Operations and Maintenance Plan attached to this Agreement as Exhibit "C".
The Stormwater Facility includes all pipes, channels or other conveyances built
to convey stormwater to the facility, as well as all structures, improvements,
and vegetation provided to control the quantity and quality of the stormwater.
Adequate maintenance is herein defined as good working condition so that
these facilities are performing their design functions. The Stormwater
Structural Control Maintenance Checklists, attached to this Agreement as
Exhibit "D", are to be used to establish what good working condition is
acceptable to the City.
2. The Landowner and Association, its successors and assigns, shall inspect the
Facility and submit an inspection report to the City annually. The purpose of
the inspection is to assure safe and proper functioning of the Facility. The
inspection shall cover the entire Facilities, berms, outlet. structure, pond areas,
access roads, etc. Components of the Facility, which need maintenance or
replacement to perform their design function, shall be noted in the inspection
report along with the corrective actions to be taken.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.05/14//2014
3. The Landowner and Association, its successors and assigns, hereby grant
permission to the City, its authorized agents and employees, to enter upon the
Property and to inspect the Facility Property whenever the City deems
necessary. The purpose of inspection is to follow-up on reported deficiencies
and/or to respond to citizen complaints. The City shall provide the Landowner,
its successors and assigns, copies of the inspection findings and a directive to
commence with the repairs if necessary.
4. In the event the Landowner and the Association, its successors and assigns,
fails to maintain the Facility in good working condition as specified herein, the
City, its authorized agents and employees, may enter upon the Facility Property
and take whatever steps necessary to correct deficiencies identified in the
inspection report and to charge the costs of such repairs to the Landowner, its
successors and assigns. It is expressly understood and agreed that the City
is under no obligation to routinely maintain or repair said Facility, and in
no event shall this Agreement be construed to impose any such obligation
on the City, such obligation is Landowner's.
5. The Landowner and the Association, its successors and assigns, will perform
the work necessary to keep the Facility in good working order as appropriate.
In the event the City pursuant to this Agreement, performs work of any nature,
or expends any funds in performance of said work for labor, use of equipment,
supplies, materials, and the like, the Landowner, its successors and assigns,
shall reimburse the City upon demand, within thirty (30) days of receipt thereof
for all actual costs incurred by the City hereunder. In the event that Landowner
or its successors or assigns fail to pay the City for the costs incurred under this
section, the City shall impress a lien for the costs of such work upon other lots
owned by the Landowner or the Association. Such lien shall be perfected by
filing in the office of the County Clerk of Tarrant County, Texas an affidavit
identifying the property to be charged with such lien, stating the amount
thereof, and making reference to this Agreement.
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AND ASSOCIATION AGREES TO HOLD THE CITY
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.05/14//2014
HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACI.LITY
FAILS TO OPERATE PROPERLY. LANDOWNER AND
ASSOCIATION COVENANT AND AGREE AND DOES HEREBY
INDEMNIFY HOLD HARMLESS AND DEFEND THE CITY OF FORT
WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND
AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS
OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH
MIGHT ARISE, FROM THE FAILURE OF LANDOWNER OR ANY
FUTURE OWNERS OF THE FACILITITY PROPERTY TO
MAINTAIN THE FACILITY, INCLUDING, BUT NOT LIMITED TO
THE BED AND BANKS OF THE DETENTION POND; ANY
DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1)
FLOODING OF THE POND AND ITS BANKS, (2) SLOPE FAILURE
OF THE BANKS OF THE POND, OR (3) FAILURE OF THE POND OR
ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH CITY
OF FORT WORTH CRITERIA; OR FAILURE TO PERFORM ANY
OTHER DUTIES OR OBLIGATIONS HEREUNDER.
7. Landowner and Association covenants and agrees that no habitable building
shall be erected within the drainage easement outlined on Exhibit "A" but this
paragraph shall not preclude construction of other improvements within the
drainage easement, which do not impede drainage. Landowner and
Association covenants and agrees that no habitable building shall be erected on
the above property abutting such easement which shall have a finished floor at
an elevation less than two feet above the maximum depth of water in the
detention pond which would occur during a 100 year frequency flood.
8. This Agreement shall be recorded among the land records of Tarrant County,
Texas, shall constitute a covenant running with the land, and shall be binding
on the Landowner, its administrators, executors, assigns, heirs and any other
successors in interests, including any property owners association.
9. Notwithstanding anything to the contrary contained or implied elsewhere
herein, it is expressly agreed and understood that the liabilities, indemnities and
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.05/14//2014
obligations of D.R. Horton- Texas, Ltd. as Landowner hereunder shall expire
and be of no further force or effect upon the transfer ("Transfer") by deed to
the Association of legal title to the Facility Property, save and except for any
liabilities, indemnities and obligations of D.R. Horton- Texas, Ltd. as
Landowner hereunder which have accrued and are due, payable and/or
performable as of the date of the Transfer and which shall expressly survive the
Transfer.
Executed this.Y of 2(1/
D.R. Horton—Texas, LTD., a City of Fort Worth
Texas Limited Partnership
By: D.R. Horton, Inc., a Delware Corporation,
Its Authorized Agent
Jesus J. Chapa
Name: Mark P. Allen Assistant City Manager
Title: Assistant Secretary Approved as to Form and Legality
Homeowners Association Av�-t, "C
Assistant City Attorney
/ ArNn Lx-r N,�Sho�� ®f
Name: 101a -l< % _ ATTEST
Title: T+�"e-r;_4 4;1r4 X
City Secretary
NO M&C RRQU[RCD
A L RECORD CRETyARY R-r1'j/ i A
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.05/102014
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on p (o by
Jesus J. Chapa, Assistant City Manager of the City of Fort W •th, on behalf of the City of
Fort Worth.
TRIKINYA L JOHNSON
�J�rFY Pie i'i
£,;Notary Public,State of Texas
Comm.Expires 04-17-2018 Notary P lic, e of Texas
Notary ID 1238832-0
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this CJ'� day of
20LW personally appeared
S 1S known
to me to be the person whose name is subscribed to the foregoing instrument and
ackpowledged to me that the same is the act of
M-&t5 , and that he executed the same as its
s and as the act 6f such and for the purposes and
consideration expre ed in the foregoing instrument.
amy KATIE SABIN
ID#130023823 Notary Public, tate of Texas
Comm.Exp.Nov 12,2018
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on by,
authorized rep sentative, acting on behalf of the
Homeowners Association.
ly
0"Ity P`
.r KATIE SABIN -0'aj
Not xa
Public State of Tes
'�- 30023823
M'Comm-Ems.Nov u,2018
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANC A MENT CITY SECRETARY 6
Rev.05/14//2014 FT. WORTH,TX
EXHIBIT A
44,045 SQUARE FEET
BEING A 1.011 ACRE TRACT OF LAND SITUATED IN THE JOSE CHIRINO SURVEY,
ABSTRACT NO. 265, CITY OF FORT WORTH,TARRANT COUNTY, TEXAS, AND
BEING PART OF A 15.016 ACRE TRACT OF LAND CONVEYED TO CTMGT
HUNTINGTON ESTATES, LLC.,AS RECORDED IN COUNTY CLERK'S FILE NO.
D2014039120, OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS. SAID 1.011
ACRE TRACT WITH BEARING OF BASIS BEING GRID NORTH TEXAS STATE PLANE
COORDINATES,NORTH CENTRAL ZONE, NAD83 (CORS96, EPOCH DATE 2002),
DETERMINED BY GPS OBSERVATIONS BETWEEN JULIAN DAY 253, 2004 AND
JULIAN DAY 259,2004, CALCULATED FROM COLLIN CORS ARP (PID-DF8982)AND
DALLAS CORS ARP (PID-DF8984)AND THE ON THE GROUND CONTROL LINE IS THE
MONUMENTED WEST LINE OF SAID 15.016 ACRE TRACT, BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 1/2"IRON ROD WITH PLASTIC CAP STAMPED "TW BARROW
1994"FOUND FOR THE SOUTHWEST CORNER OF SAID 15.016 ACRE TRACT, AND
THE NORTHWEST CORNER OF LOT 25, TIMBERLAND PHASE 1B, CABINET A, SLIDE
11168, PLAT RECORDS OF TARRANT COUNTY,TEXAS;
THENCE SOUTH 89 DEGREES 52 MINUTES 43 SECONDS EAST ALONG THE SOUTH
LINE OF SAID 15.016 ACRE TRACT AND THE COMMON NORTH LINE OF SAID
TIMBERLAND PHASE 1B, A DISTANCE OF 312.90 FEET TO THE POINT OF
BEGINNING;
THENCE OVER AND ACROSS SAID 15.016 ACRE TRACT THE FOLLOWING COURSES
AND DISTANCES:
NORTH 00 DEGREES 06 MINUTES 20 SECONDS EAST, A DISTANCE OF 123.04
FEET TO A POINT FOR CORNER;
SOUTH 89 DEGREES 53 MINUTES 40 SECONDS EAST, A DISTANCE OF 61.53
FEET TO A POINT FOR CORNER AND THE BEGINNING OF A NON-TANGENT
CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 172 DEGREES 49
MINUTES 09 SECONDS, A RADIUS OF 50.00 FEET, AND A CHORD THAT
BEARS NORTH 45 DEGREES 06 MINUTES 20 SECONDS EAST A DISTANCE OF
99.80 FEET;
ALONG SAID NON-TANGENT CURVE TO THE LEFT,AN ARC DISTANCE OF
150.81 FEET TO A POINT FOR CORNER;
NORTH 00 DEGREES 06 MINUTES 20 SECONDS EAST, A DISTANCE OF 43.41
FEET TO A POINT FOR CORNER;
IASLD\WFXM5400\WFXM5401\700 CADD\713 Survey\713.5 Easement\WFXM540IEXOI.dDcx
Page 1 of 3
SOUTH 89 DEGREES 53 MINUTES 40 SECONDS EAST,A DISTANCE OF 121.96
FEET TO A POINT ON EAST LINE OF SAID 15.016 ACRE TRACT AND THE
COMMON WEST LINE OF A TRACT OF LAND AS DESCRIBED IN DEED TO
COY BEAUCHAMP, COUNTY CLERK NUMBER D206229036, OFFICIAL PUBLIC
RECORDS OF TARRANT COUNTY,TEXAS;
THENCE SOUTH 00 DEGREES 06 MINUTES 20 SECONDS WEST ALONG THE EAST
LINE OF SAID 15.016 ACRE TRACT AND THE COMMON WEST LINE OF SAID COY
BEAUCHAMP TRACT, A DISTANCE OF 237.09 FEET TO A 5/8" IRON ROD WITH A
YELLOW PLASTIC CAP STAMPED"JACOBS" SET FOR THE SOUTHEAST CORNER OF
SAID 15.016 ACRE TRACT,AND THE COMMON SOUTHWEST CORNER OF SAID COY
BEAUCHAMP TRACT, AND BEING ON THE NORTH LINE OF AFORESAID
TIMBERLAND PHASE 1B;
THENCE NORTH 89 DEGREES 52 MINUTES 43 SECONDS WEST ALONG THE SOUTH
LINE OF SAID 15.016 ACRE TRACT AND THE COMMON NORTH LINE OF SAID
TIMBERLAND PHASE 1B,A DISTANCE OF 254.06 FEET TO THE POINT OF
BEGINNING, AND CONTAINING A CALCULATED AREA OF 1.011 ACRES OR 44,045
SQUARE FEET.
A PARCEL PLAT OF EQUAL DATE HEREWITH ACCOMPANIES THIS PROPERTY
DESCRIPTION.
r
Elliott Pat Busby, R.P. October 29, 2014
Registered Profession Land Surveyor
Texas Registration No. 5561
Jacobs Engineering Group, Inc.
OF
1999 Bryan Street, Suite 1200
Dallas, Texas 75201-3136
Phone 214-638-0145 Fax 214-638-0447 ... ........................
ELUOTT PAT BUSBY
............................
,• S\O.P.
eOPES• .... Q,
�
VSLDIWFXM5400\WFXM54011700 CADD\713 Surve3A713.5 Easement\WFXM5401E.X0IA=
Page 2 of 3
PROPOSED
HUNTINGTON ESTATES
_, S89'53'40"E 121.96'
V 4
CTMGT HUNTINGTON ESTATI S q
SCALE: 1' = 60' C.C.# D201 4039 1 20 rzj b
O.P.R.T.C.T.
PROPOSED Z
IivTINGTON ESTATF,S O
Ol
PROPOSED PALANCAR DRIVE �°\• CL
S89'53'40"E N <°
C4
aoO 61.53' UC4C.).)
y - -- CA=172'49'09" 3 ° ~
6N'i
��a c R=50.00'
m m Ni CB=N45'06'20"E m o C3°
u CL=99.80' o 03
PROPOS D L=150.81'
1 .VTCNGTON ESTATES W N
m N 1.Off ACRES co
W c (44.045 SQ FT)
LW~ C
a°v Z
i IJn a - CIRS
i --S89.52I 43"E 312.90' �° - - N89-52'43"IM 254.0,6` - -
ww
V POINT OF P01 T OF L32 EASEMENT
A. E 11168
COMMENCING BEGINNING .T.
" t 7.5' UTILITY EASEMENT
1/2 CIRF ( CAB. A, SLIDE 11168
"TW BARROW 1994" 30 31 33 P.R.T.C.T.
34
25...28 29 TIMBERLAND PHASE 1B
CAB A, SLIDE 11168
P.R.T.C.T. t
. ........• T
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C?..a a•:yn
PANGOLIN DRIVE -
1 50' RIGHT- ......•...�•••••...•••••• ••
O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS, TARRANT ELUOTT PAT BUSBY
COUNTY, TEXAS ..%.....................v..
P,R.T.C.T. PLAT RECORDS, TARRANT COUNTY, t.e 5561
TEXAS WITH :•�O�f 5
CIRF IRON ROD CIRS 5/B" IRONROD PLASTIC FOUND WITH 4��•S U
STAMPED 'JACOBS"
LEANING OF BASIS BONG GRID NORTH TEXAS STATE PLANE COORDINATES. NORTH CENTRAL ZONE. MW (CORM.
ErOCN DATE 2004). DETER111NED BY WS OBSENVATNM BETWEEN JULIAN DAY 284 2004 AND JULIAN DAY 281.
2004. CALCULATED nM COLLIN CORS ARP (MD-OF1182) AND DALLAS CONS ARP (PlID-OFIBB4).
DATE: 10/29/14 EXHIBIT A AL
SHEET SCALE: 1" " e0' 1.011 ACRES JBs
44.045 SQUARE FEET
DRAWN BY: EAT OUT OF THE 1999 BRYAN STREET, SUITE 1200
DALLAS. TX 3 OF 3 JOSE CHIRINO SURVEY ABSTRACT N0. 265 IN THE PHONE 214-583-8500 7SFAX 214-638-0447
CNECKED BY: EPB CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
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Exhibit "C"
CITY OF FORT WORTH STORMWATER FACILITY
OPERATION AND MAINTENANCE PLAN
The only responsibility the City of Fort Worth has in the operation and
maintenance of this Facility is inspection.
General Maintenance Procedures
The structural and functional integrity of the Facility shall be maintained at all
times by removing and preventing drainage interference, obstructions, blockages,
or other adverse effects into, through, or out of the system.
Periodic silt removal shall occur when standing water conditions occur or the
pond's storage volume is reduced by more than 10%. Silt shall be removed and
the pond/basin returned to original lines and grades shown on the approved
engineering plans. In addition, corrective measures are required any time a basin
does not drain completely within 72 hours of cessation of inflow. NO STANDING
WATER IS ALLOWED in basins designed for dry detention purposes.
Accumulated litter, sediment, and debris shall be removed every 6 months or as
necessary to maintain proper operation of the basin. Disposal shall be in
accordance with federal, state and local regulations.
Detention facilities shall be mowed monthly between the months of April and
October or anytime vegetation exceeds 12-inches in height.
To prevent debris from entering and clogging the downstream storm sewer
system a wire mesh screen or similar screening device shall be installed over the
outlet until final acceptance.
4. PREVENTIVE MAINTENANCE/INSPECTION
• Visual inspections of all components will be conducted every 6 months.
• A log shall be kept of maintenance actions, and inspections. The log
should document the condition of the detention system's primary
components, mowing, and silt, litter and debris removal dates. Document
aeration of the basin bottoms and replanting to prevent the sealing of the
basin bottom.
• Written maintenance and repair records shall be maintained by the
party or parties signing the attached Agreement and shall be provided
to the City upon request.
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.05114//2014
Exhibit "D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT REPAIRS REPAIRS
INSPECTION DATE REQUIRED MADE NOTES
Mowing
Remove Trash and
debris
Inspect irrigation
system operation
Remove grass
clippings
Violations Noted
MINOR
INSPECTION
Condition of Pond
Amount of silt in
and
Amount of silt in
flume
Amount of ponded
water
Amount of wetland
vegetation
Location of Erosion
Percent of
vegetation
Condition of trash
uard
Location of Erosion
MAJOR
INSPECTIONS
Condition of
Stormwater Quality
Structure
Type of Stormwater
Quality Structure
Structure type and
Condition
Condition of Rip-
Rap
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.05/14//2014
FREQUENT REPAIRS REPAIRS
INSPECTION DATE REQUIRED MADE NOTES
Condition of
filtrations stem
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev.05/1492014