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HomeMy WebLinkAboutContract 48131 CITY SECRETARY CONTRACT NO. City Project# 100061 Creekside Estates Addition Phase II 44.��G'�lV�� STORMWATER FACILITY 0 T 4 TOO MAINTENANCE AGREEMENT OR �,, S� THIS AGREEMENT, made and entered into this day of 3&, by and between McCart Risinger L.P. a Texas Limited Partnership, acting by and through William W Snider, hereinafter referred to as "Landowner", the Parkview 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 5.94 acre tract located in the Jacob Wilcox Survey, Abstract 1743, Tarrant County, Texas according to the deed recorded in County Clerks Document No. D204331963 Deed Records, Tarrant County, Texas, 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 Creekside Estates Phase II 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 OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY 1 Rev.05/14//2014 FT.WORTH,TX Landowner, its successors and assigns, including Association, the location and dimensions 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.05/14//2014 replacement to perform their design function, shall be noted in the inspection report along with the corrective actions to be taken. 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.05/14//2014 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AND ASSOCIATION AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.05/14//2014 9. Notwithstanding anything to the contrary contained or implied elsewhere herein, it is expressly agreed and understood that the liabilities, indemnities and obligations of Abf .rl R,s`n4ar .P as Landowner hereunder shall expire and be of no further force or effect upon the transfer ("Transfer") by /7 a -L-�/ p to the Association of legal title to the Facility Property, save and except for any liabilities, indemnities and obligations of MC&r4 f?;Sj Wr 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 ;� day of 20 Landowner City of Fort Worth McCart Risinger L.P. A Texas Limited Partnership /lilt C''/`mil 'A ame: William W. Snider Jesus J. Chapa Title: Assistant City Manager Approved as to Form and Legality 7 Homeowners Association Parkview Homeowners Association A r V LL r N . &O-)or- Assistant City Attorney Name: Steve nder ATTEST Title: President City ary FN0 M&C REQUIRED OFFICIAL RECORD CITY SECRETARY FT.WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.05/14//2014 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 7y14 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 4"p;-, ,.-c';Notary Public,State of Texas — �:: "? Comm.Expires 04-17-2018 -= ' 'o�' ;•��` Notary ID 1238832-0 Notary Pubic, St f Texas to list STATE OF TEXAS § COUNTY OF TARRANT § Befo5e me, the undersigned authority on this day of 20 f personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged o me that the same is the act of 6p- , and that e .executed�I same as its an the act of such H�'purposes and conside expressed in the foregoing instrument. LYNN SWOGGER = t Notary Public State of Texas Comm.Expires 12-06-2016 Not Public, State of as STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on M&C# by, i N owaiD L , authorized representative, acting on behalf of the Homeowners Association. LYNNSy POGER Public State of Texas O Comm.Expires 12-06.2016 Notary ublic, State of as STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.05/14//2014 EXHIBIT "A" INSERT LEGAL DESCRIPTION Being a tract of land situated in the Jacob Wilcox Survey, Abstract No. 1743, City of Fort Worth, 'Tarrant County, Texas, being a part of that certain tract of land described by deed to McCart—Risinger, L.P., recorded in County Clerk's Document No. D204331963, Deed Records, Tarrant County, Texas and said tract of land being more particularly described by metes and bounds on Exhibit A. STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.05/14/12014 EXH/B/T "A" DRAINAGE FACILITY EASEMENT Line Table Line Bearin Number 9 Distance Lt SOT'25'46V 30.87' L2 S01'25'46 W 50.02' L3 NORTH 10.00' L4 WEST 25.00' L5 S83'45'40'W 174.71' 0 200' L6 N00'37'44W 30.14' SCALE FEET L7 N8345'40'E 173.40' 1.— 20W L8 EAST 26.63' L9 NORTH 10.00' P.0.C in Gam`}• McCART — RISINGER, L.P. co COUNTY CLERK'S DOCUMENT 3 La NO. D204331963 e �► D.R.T.C.T. Ncall N 88'34'14"W 39,028 SQUARE FEET / 0.896 ACRE $ DRAINAGE FACILITY EASEMENT 200.00' c L9 z L7 18 EAST 661.26' P.0.6. L1 zN L6 L2 T.E.S.CO. 3 VOLUME 8844, L4 L3 WEST 660.01' PAGE 742 Cr "evc�i.,.�h D.R.T.C.T. —�- ^ —- f9 20 21 I EAST GATE PROPERTIES, INC. COUNTY CLERK'S DOCUMENT r$� "(SIDE ESTATE NO. D204338598 F OF T A, SLIDE 11803 D.R.T.C.T. �Q� .®�••.Fr} ,F.R.T.C.T. C';`PEC' FR��•.tS� / ........... .......... STEPHEN R.GLOSUP ............... A metes and bounds description of DUNAWAY even date accompanies this drawing. 550 Balley Avenue •Suite 400 •Fort Worth,Texas 76107 /� Tel;817.335.1121 3/Z5 PAGE 1 OF 2 FIRM REGISTRATION 10098100 DATE: MARCH 25, 2016 DUNAWAY JOB NO. 2010078.020 EXH/BI T "A " DRAINAGE FACILITY EASEMENT PROPERTY DESCRIPTION BEING a tract of land situated in the Jacob Wilcox Survey. Abstract No. 1743, City of Fort Worth, Tarrant County, Texas, being a part of that certain tract of land described by deed to McCort — Risinger, L.P., recorded in County Clerk's Document No. D204331963, Deed Records, Tarrant County, Texas and said tract of land being more particularly described by metes and bounds as follows: COMMENCING at a railroad spike found for the northeast corner of said McCort — Risinger tract and in the west right—of—way line of Burlington Santa Fe Railroad (a 100' width right—of—way); South 01'25'46" West, with the west right—of—way line of said Burlington Santa Fe Railroad, and with the east line of said McCort — Risinger tract, a distance of 613.85 feet to point for the northeast comer of that certain tract of land described by deed to Texas Electric Service Company, recorded in Volume 8844, Page 742, Deed Records, Tarrant County, Texas; North 88'34'14" West, departing the west right—of—way line of said Burlington Santa Fe Railroad and with the north line of said Texas Electric Service Company tract, a distance of 200.00 feet to point for the northwest corner of said Texas Electric Service Company tract; South 01'25'46" West, with the west line of said Texas Electric Service Company tract, a distance of 30.87 feet to a point for the POINT OF BEGINNING of herein described tract of land: THENCE South 01'25'46" West, continuing with the west line of said Texas Electric Service Company tract, a distance of 50.02 feet to a point; THENCE WEST, departing the west line of said Texas Electric Service Company tract and crossing into said McCort — Risinger tract, a distance of 660.01 feet to a point; THENCE NORTH, a distance of 10.00 feet to a point; THENCE WEST, a distance of 25.00 feet to a point; THENCE South 83'45'40" West, a distance of 174.71 feet to a point; THENCE North 00'37'44" West, a distance of 30.14 feet to a point; THENCE North 83'45'40" East, a distance of 173.40 feet to a point; THENCE EAST, a distance of 26.63 feet to a point; THENCE NORTH, a distance of 10.00 feet to a point; THENCE EAST, a distance of 661.26 feet to the POINT OF BEGINNING and containing a calculated area of 39,028 square feet or 0.896 acre of land. NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone, 4202, based upon GPS measurements, according to the GPS reference Network. The metes and bounds description contained herein was compiled from information contained in recorded documents and does not reflect the results of an on the ground survey. A drawing of even date accompanies this metes and bounds description. DUNAWAY JOB NO. 2010078.020 PAGE 2 OF 2 EXHIBIT"A" Step R.Glosup Registered Professional Land Surveyor4. Texas Registration No.5570 IF OF T�� srg @dunaway-assoc.eom r9�PP�15TEgF•.`y�, DRAINAGE FACILITY March 25,2016 ° EASEMENT d STEPHEN R.GLOSUP ...r.................. DUNAWAY <'g9o5570 : A part of the MCCart- Risinger, L.P.Tract ��d.FSSiV� 550 Bailey Avenue • Suite 400 •Fort Worth,Texas 76107 sU '" Tel;817.335.1121 Situated In the Jacob Wilcox Survey, Abstract FIRM REGISTRATION 10098100 No. 1743, Tarrant County, Texas. e 'Sy EE n PIP at a W cc O to KillYx}o� ,6y c� s r 133H5 Y 1 n I I I ii fIf e e e 3 I i If ! o 0 Tr IN � A , _ I - I I I I o „8 i I y q t11# 000lll I �p$�a - - N 4. ,R L51 ■ Yfi;sy��r . _� �� G{ � ,yn�•Sy �r•I r�rg1•-1IIi�� - '�. �!!7��� _ - •'7d�LT .17,1!1 � '��� 111.l;11�] ,; - _. _ ./ MO �f I ��iFhM�MKh�FN, 3W Wma Ma mw ME Ma aaaa - ■■& � t: mss: MAW 1MM1ial���� g ig�r � � i a i1• 10 - all TQw �+7rfl Bbl .. S _ oil ,�� �OQQO�o0QQ10oQQI0oQa00000 MIS W. � .� �QQIQQQQQQ @QQ @6000Q @00 @Q@Q ALE Sam ME i �# ��e�► � 09QIQQIQIIIIIIQIQQIIQIIQi �00000000100001100000oil I . :: �Q ` : . �� �'dssQQQQQQQQOQQQQ���QQQQQ @0 @QQ �L,i,tr_I 3rVa �c31.+¢�i1► C71.io. • a r t W_► V a,F�s - . AIIII @Ii111011111QQ @8Q @Q @Q@ 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 8 Rev.05/14//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 guard 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 9 Rev.05/14//2014 Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STQRMWATER FACILITY MAINTENANCE AGREEMENT 10 Rev.05/14//2014