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HomeMy WebLinkAboutContract 48443 CITY SECRETARY CONTRACT NO. STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into by and between LQ Development, LLC, as (the "Landowner"), and the City of Fort Worth, hereinafter referred to as the "City". THIS AGREEMENT supersedes and entirely replaces any Stormwater Facility Maintenance Agreement executed previously, effective as of the date of execution of this Agreement by the Assistant City Manager of the City. WITNESSETH WHEREAS, the Landowner is the Developer of certain real property described as an approximately 179.62 acre tract located in the Jose Maria Basquis Survey, Abstract 85, Tarrant County, Texas according to the deed recorded in Volume 12811, Page 51, Deed Records, Tarrant County, Texas, hereinafter called the "Property" as described on the attached Exhibit A. WHEREAS, the Landowner is proceeding to build on and develop (or has already built, developed, or purchased) the Property according to the Site Plan/Subdivision Plan known as Landmark Quebec, Fort Worth, hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved, by the City and the Landowner and which provides for management of stormwater within the confines of the Property; and WHEREAS, the City and the Landowner, 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 adequately maintained by the Landowner, its successors and assigns, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit "B" ("Facility Property"); and OFFICIAL kLGORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT—Landmark Quebec Page 7l of z4ORTN` T X WHEREAS, the City and the Landowner previously executed a Stormwater Facility Maintenance Agreement for the Property dated August 14, 2007, and filed with the City Secretary as Contract Number 36089; and WHEREAS, since the City and the Landowner executed that prior Stormwater Facility Maintenance Agreement (CSC No. 36089) for the Property dated August 14, 2007, the following changes have occurred which necessitate this new Agreement: A) portions of the Property have subsequently been sold to Texas Health Resources and to the Fort Worth Housing Finance Corporation; and B) the stormwater detention ponds referenced on the previous Agreement are being enlarged in accordance with the iSWM Criteria Manual resulting in new design and engineering specifications as shown in the new attached Exhibit B to this Agreement; NOW, THEREFORE, the Landowners and the City have elected to execute this new Stormwater Facility Maintenance Agreement, which supersedes and entirely replaces any Stormwater Facility Maintenance Agreement executed previously (including City Secretary Contract Number 36089, and in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, and the parties hereto agree as follows: 1. The Landowner, 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 STORMWATER FACILITY MAINTENANCE AGREEMENT—Landmark Quebec Page 2 of 29 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, 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 Facility, 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. 3. The Landowner, 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, 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, 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, STORM WATER FACILITY MAINTENANCE AGREEMENT—Landmark Quebec Page 3 of 29 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 the Property. Such lien shall be perfected by filing in the office of the County Cleric of Tarrant County, Texas an affidavit identifying the property to be charged with such lien, stating the amount thereof, and malting reference to this Agreement. 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANTS AND AGREES 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 ABOVE 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 TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner 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, STORM WATER FACILITY MAINTENANCE AGREEMENT—Landmark Quebec Page 4 of 29 which do not impede drainage. Landowner 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. [SIGNATURE PAGES FOLLOW] STORMWATER FACILITY MAINTENANCE AGREEMENT—Landmark Quebec Page 5 of 29 Executed this Gay of 20 . CITY OF FORT WORTH Jesus Chapa Assistant City Manager Approved as to Form and Legality Arthur N.Bashor Assistant City Attorney ATTEST o�00 % ®4 G.0 a ary . I o 0 City Secretary o g� ao o�p 00 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT—Landmark Quebec Page 6 of 29 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 2 Zolby Jesus Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. TRIKINYA L JOHNSON c ai + Notary Public,State of Texas Notary Publ'c, Sta e f Texas � Comm. Expires 04-17-2018 Notary ID 1238832.0 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day of 20_1 personally appeared known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of , and that he executed the same as its and as the act of such and for the purposes and consideration expressed in the foregoing instrument. Notary Public, State of Texas STORMWATER FACILITY MAINTENANCE AGREEMENT—Landmark Quebec Page 7 of 29 LANDOWNER: LQ DEVELOPMENT,L.L.C. By: 179D GP,L.L.C. Its Manager By: William E. Stonaker Its Manager STATE OF TEXAS § COUNTY OF § Before me, the undersigned authority on this day of 20 /jv personally appeared known to me to be the person whose name is subscribed4p the foregoing instrument and acknowledged to me that the same is the act of Z-.Q . and that he executed the same as its and as the act of such �-- .Z.G and for the furposes and consideration expressed in the foregoing instrument. [SEAL] Notary Public, State of Texas r�r"Y °so LOIS 0.T iwn ID#$037830 °My Comm.Exp.Oct 24,2017 STORMWATER FACILITY MAINTENANCE AGREEMENT—Landmark Quebec Page 8 of 29 The undersigned acknowledge and confirm that the property they own within the Property is subject and subordinate to the foregoing Agreement, confirm the provisions in the Agreement as applicable to their respective property within the Property and agree that their respective property is bound thereby as specified in that certain Amended and Restated Declaration of Easements, Restrictions, Covenants and Conditions recorded under Document No. D208234311 of the Real Property Records of Tarrant County, Texas. FORT WORTH HOUSING]FINANCE CORPORATION By: v v ame C,l...T--VQE c( Its: l�T l�-�" C9IIJG—`�i¢c.� STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this I_ day of peceVAbe.- 20_LV_, personally appeared AuywC�j -TmoaA , ,siaia 6,p-o ral known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of trWt-WbYAAn nlA ivice. CbyVLinahpW, and that he executed the same as its stand as the act of such .�Cn and for the purposes andconsideration expressed in the foregoing instrument. [SEAL] QAAAA Notary Public, State of Texas SARAH BURKETT :g.'"` •. /y(A�►�\�*' My Notary ID#130491984 Ni•.Y \•'yam Expires January 11,2020 STORMWATER FACILITY MAINTENANCE AGREEMENT—Landmark Quebec Page 9 of 29 The undersigned acknowledge and confirm that the property they own within the Property is subject and subordinate to the foregoing Agreement, confirm the provisions in the Agreement as applicable to their respective property within the Property and agree that their respective property is bound thereby as specified in that certain Amended and Restated Declaration of Easements, Restrictions, Covenants and Conditions recorded under Document No. D208234311 of the Real Property Records of Tarrant County,Texas. TEXAS I ALTH O RCES By: Name on M. Sullivh Jr. Its: Vice restd", Real Estate Operations STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day of r C t b e,r 20_& personally appeared `Ja Y1 SLk 'i-,/g yl fir. , �(} Rear l Es lutes rU��w ami Q its, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of Saa,nos4�gaH SBxal and that he executed the same as its V; ( r!e�S;-ae.#t+ and as the act of such ;rel r! Iz�.l—i ,/e, and for the purposes and consideration expressed in the foregoing instrument. [SEAL] MELISSA REYNOLDS Notary Public, State of Texas Notary s 5734093 My Commmission Expires May 5,2019 STORM WATER FACILITY MAINTENANCE AGREEMENT—Landmark Quebec Page 10 of 29 EXHIBIT "A" LEGAL DESCRIPTION BEING 179.630 acres of land located in the JOSE MARIA BASQUES SURVEY, Abstract No. 85, Fort Worth, Tarrant County, Texas, and being a portion of the Tract of land conveyed to NW Tarrant Growth Partners, L.P. by the deed recorded in Volume 12811, Page 51 of the Deed Records of Tarrant County, Texas. Said 179.630 acres being more particularly described by metes and bounds, as follows: BEGINNING at a 5/8" iron rod found, at the Southwest corner of said NW Tarrant Growth Partners Tract, lying in the North right-of-way line of Interstate Highway Loop 820 NW, and Said Point of Beginning also lying in the East boundary line of Block 38, Indian Oaks, an addition to the City of Lake Worth, Tarrant County, Texas according to the plat recorded in Volume 1013; Page 279 of the Deed Records of Tarrant County, Texas; THENCE N 000 29' 57" E 2774.15 feet, along the West boundary line of said NW Tarrant Growth Partners Tract, being the East boundary line of said Indian Oaks Addition, also the East right-of-way line of Dakota Trail (a .41 foot wide right-of-way) to a V iron rod found at the most Westerly Northwest corner of said NW Tarrant Growth Partners Tract, being the Southwest corner of Lot 10-BR, Block 34, Indian Oaks Addition, to Lake Worth Village, Tarrant County, Texas, according to the plat recorded in Volume 388-93, Page 87 of the Plat Records of Tarrant County, Texas; THENCE S 890 32' 33" E 182.05 feet, along the most Southerly North boundary line of said NW Tarrant Growth Partners Tract, and the South boundary line of said Lot 10-BR, to a 1/2" iron rod found at the Southeast corner of said Lot 10-BR; THENCE N 000 40' 15" E 882.89 feet along the most Easterly West boundary line of said NW Tarrant Growth Partners Tract, being the East boundary line of said Block 34, Indian Oaks Addition, to a 1/2" iron rod set at the base of a 6" steel fence post found at the most Northerly Northwest corner of said NW Tarrant Growth Partners Tract, lying in the South boundary line of the Tract of land conveyed to Lake Worth Independent School District by the deed recorded in Volume 3921,Page 365 of the Deed Records of Tarrant County, Texas; THENCE N 890 35' 47" E 1287.57 feet along the North boundary line of said NW Tarrant Growth Partners Tract and the South boundary line of said Lake Worth Independent School District Tract, and also the South boundary line of the Tract of land conveyed to Lake Worth Independent School District by the deed recorded in Volume 4191, Page 355 of the Deed Records of Tarrant County, Texas, to a 3/4" iron rod found at the Southeast corner of said Lake Worth Independent School District Tract, being the most Westerly Southwest corner of the Tract of land conveyed to MICH Corp. by the deed recorded in Volume 13119, Page 117 of the Deed Records of Tarrant County, Texas; THENCE along the North boundary line of said NW Tarrant Growth Partners Tract, and the South boundary line of said MJCH Corp. Tract, as follows: 1. N 890 33' 41" E 250.04 feet,to a 1/2" iron rod found; 2. S 050 40' 38" W 423.26 feet,to a 5/8" iron rod found; STORMWATER FACILITY MAINTENANCE AGREEMENT—Landmark Quebec Page I I of 29 3. SOUTHEASTERLY 1027.96 feet, along a curve to the right having a radius of 1303.06 feet, a central angle of 45° 11' 59 ", and a chord bearing S 64° 44' 02" E 1001.51 feet, to a 1/2" iron rod set, at the end of said curve and the beginning of a curve to the left; 4. SOUTHEASTERLY 286.65 feet, along said curve to the left having a radius of 864.13 feet, a central angle of 19° 00' 23", and a chord bearing S 51° 38' 14" E 285.34 feet, to a 5/8" iron rod found, at the end of said curve; 5. S 610 07' 12" E 47.09 feet, to a 1/2" iron rod set in the West boundary line of the Limits of "G" Commercial Zoning as defined in City of Fort Worth Ordinance No. 6757, being the East boundary line of the area defined as "D" Multi-Family Zoning in City of Fort Worth Ordinance No. 00-92-39; THENCE severing said NW Tarrant Growth Partners Tract, and running along the West boundary line of said "G" Zoning, and the East boundary line of said "D" Zoning, as defined in their respective ordinances, as follows: 1. S 050 00' 00" W 250.70 feet,to a 1/2" iron rod set; 2. S 740 59' 00" E 232.70 feet,to a 1/2' iron rod set; 3. SOUTH 185.00 feet,to a 1/2" iron rod set; 4. S 360 30' 00" W 310.00 feet, to a 1/2" iron rod set; 5. S 610 14' 00" W 753.00 feet,to a 1/2" iron rod set; 6. S 280 46' 00" E 520.00 feet, to a 1/2"iron rod set, in the Southeast boundary line of said NW Tarrant Growth Partners Tract; and the Northwest right-of-way line of aforesaid Interstate Highway Loop 820NW; THENCE along the Southeast boundary line of said NW Tarrant Growth Partners Tract, and the Northwest right-of-way line of said Interstate Highway Loop 820 NW, as follows; 1. S 610 01' 43" W 1100.20 feet, to a 3/4" iron rod found, at the beginning of a curve to the right; 2. SOUTHWESTERLY 1176.72 feet, along said curve to the right having a radius of 5499.58 feet, a central angle of 12° 15' 34", and a chord bearing S 67° 17' 49" W 1174.48 feet, to a Texas Department of Transportation right-of-way monument found at the end of said curve, and the beginning of another curve to the right; 3. SOUTHWESTERLY 276.06 feet, along said curve to the right having a radius of 1402.40 feet, a central angle of 11° 16' 42", and a chord bearing S 78° 59' 53" W 275.61 feet, to a Texas Department of Transportation right-of-way monument found, at the end of said curve; 4. S 840 33' 27" W 175.85 feet to THE PLACE OF BEGINNING, containing 179.630 acres (7,824,693 square feet) of land. STORMWATER FACILITY MAINTENANCE AGREEMENT-Landmark Quebec Page 12 of 29 EXHIBIT"B" DESIGN SPECIFICATIONS FOR THE FACILITY STORMWATER FACILITY MAINTENANCE AGREEMENT—Landmark Quebec Page 13 of 29 NNE TABLE NNE 0EARI NO LENGTH Lt 852.82 80.17 L3 1083.18 L4 137, S LS 959.01 LB 37,91 L7 90.99 N L8 '1• 115.55 fQO, 4W LOCATION MAP sc.a.1•.400' N.T.& WUNE 39�31,TPN.£a" {HI,PAGE M D.RT.GY. �Ri.GT, ""� POINT OF �� COMMENCING 4ClVYE 1311GL9.PAGC 117 0.P.T. J A'w ur,9-a APACHE TRAIL , LI POINT OF BEGINNING I., L6 DETENTION POND EASEMENT NW TARRANT GROWTH PARTNERS L.P. IVOL 12811,PO.Si 7 I LOT 2, BLOCK 3 OSAGE TRAIL 16.218 ACRES t7eA4u ar> ua, wit wA wu &^ � �tg e-0. wfiMlk(gnzMffiMM EXHIBIT Al � A Associates, IItme. DETENTION POND {1) slume IISIXTINO CML MOINEERS . SUMOA2 LANDMARK QUEBEC (972)420-7040 rAx(e72)490-7099 FORT WORTH TEXAS Scale :1 -400' Date :06/01/16 J. M. UMMU5 bUKVEY, MUM Design :M.O.C. CITY OF FORT WORTH OF TARRANT COUNTY, TEXAS 4 Drawn : T.C.Y. Dwg. Fite :474}3PON0—ESM1 OWG LO Development, LLC Project No. : 47413.00 SOUTHLAKExTX 78092 STORMWATER FACILITY MAINTENANCE AGREEMENT—Landmark Quebec Page 14 of 29 FIELD NOTE DESCRIPTION - DRAINAGE EASEMENT(TRACT 1) STATE OF TEXAS COUNTY OF TARRANT BEING a tract of fond situated In the Jose Maria Basquis Survey, Abstract No. 85 of Tarrant County, Texas also being a portion of the land described In a deed to NW Tarrant Growth Partners, I-P., recorded In Volume 12811, Page 51 of Dead Records of Tarrant County, Texas(ORTCT), and being more particularly described as follows; COMMENCING at a point being the southeasterly corner of a tract of land described In a dead to the Lake Worth ISD recorded In Volume 3921, Page 366 of Dead Records of Tarrant County, Texas (ORTCT): THENCE South 89 degrees 35 minutes 47 seconds West o distance of 687,85 feet to a point for comer; THENCE departing the southerly line of said Lake Worth ISD tract, South 00 degrees 40 minutes 15 seconds West a distance of 882.89 to o point for a comer; THENCE South 00 degrees 29 minutes 57 seconds West a distance 86.17 feet to the POINT OF BEGINNING; THENCE South 00 degrees 29 minutes 57 seconds West a distance of 1083.16 feet to a point for a corner; THENCE North 89 degrees 30 minutes 03 seconds West a distance of 137.05 feet to o point for a corner; THENCE North 00 degrees 29 minutes 57 seconds East a distance of 959.01 feat to a point for a comer; THENCE North 36 degrees 30 minutes 11 seconds East a distance of 37.91 feat to a point for a corner; THENCE North 00 degrees 01 minutes 06 seconds East a distance of 90.99 feat to a point for a corner, THENCE North 89 degrees 15 minutes 41 seconds East a distance of 115.55 feet to POINT of BEGINNING. CONTAINING within these metes and bounds are 3,350 acres or 145,918 square feet of land more or less. GY$mlka0mm®mtmi EXHIBIT if Al �,� a A.®eeeifD4es, IImm DETENTION POND (1) SHEET C"SULtaio CIv0.CB "Ifis a SVavcYon LANDMARK QUEBEC (979)490-7490 rex(972)400-7099 FORT WORTH TEXAS Z Scala :N.T.S. Onto :06/01/16 J. M. HASQUIS SURVEY, ABSTRACT NO. 8' OF Design :M.D.C. CITY OF FORT WORTH Drawn T.C.Y. TARRANT COUNTY, 7EXAS 4 Dwg. Fde :47413PONO-ESMT.DWG LO Development, LLC Project No. : 47413.00x 93898 SOUTHLAKE. TX 70092 STORMWATER FACILITY MAINTENANCE AGREEMENT—Landmark Quebec Page 15 of 29 LINE�TABLE LINE. _BEARING ILENGTHI U 117.54 L2 1403971 LS 157.05 L41402.14 �A L5 'W 137,06 �c LOCA110N MAP scds 1--4W N.T.S �.. mr3 IDT 1, � �, � I � LOT 2, BLOCK 3 i 16.218 ACRES -4 to If I VA446 IT.) O If R at LOT 1, BLOCK 1 wt. lar n i ' , $ 24.345�ACRES Y1 PAWX111 f NEE ?RAIL ( � w I IS LANDMARK QUEBEC ADDITION PHASE 11 <1 160.377 ACRES OF (,j ' NW TARRANT GROWN PARTNERS L.P. + IG,I I VOL.12811.PG.51 wi t0I N iif Y m Y 1 1, au �• n a DETENTION POND EASEMENT ,ns f 1 i ,tI N 1 v"d 4WKN W t0/ .aY �13M.%G Its POINT OF POINT OF BEGINNING COMMENCING W.H w$�Ik'snMM M EXHIBIT A2 A Asmade tet, ffma. DETENTION POND (2) SHEEP s11LT010 CIVIL 1010I111" a SURVEYORS LANDMARK QUEBEC (972)495-7090 FAX(972)40-7090 FORT WORTH TEXAS 3 Scate : 1"K400' Data :OB/01/16 , AIISIRACT DOsign :M.D.C. CITY OF FORT WORTH OF Grown T.C.Y. TARRANT COUNTY, TEXAS 4 2389 Dwg. F71a :47413POND—ESMGDWG LO Davelopment, LLC 11 Project No. : 47413.00 SOUTHLAKEXI 76092 STORMWATER FACILITY MAINTENANCE AGREEMENT—Landmark Quebec Page 16 of 29 FIELD NOTE DESCRIPTION DRAINAGE EASEMENT (TRACT 2) STATE OF TEXAS COUNTY OF TARRANT BEING a tract of land situated In the Jose Mario Basquis Survey, Abstract No. 85 of Tarrant County, Texas and being a portion of a tract of land described 1n a deed to NW Tarrant Growth Partners, L.P., recorded in Volume 12811, Page 51 of Deed Records of Tarrant County, Texas (DRTCT), and being more particularly described as follows: COMMENCING of a Concrete Monument found in the southeasterly corner of o tract of land described in a deed to Thomas Smith and Glenda F. Smith recorded in Volume 7339, Pogo 2152 of DRTCT; THENCE North 23 degrees 00 minutes 29 seconds East a distance of 117.54 feet to the POINT OF BEGINNING; THENCE North 00 degrees 29 minutes 57 seconds East a distance of 1403.71 feet to a point for a comer; THENCE South 89 degrees 30 minutes 03 seconds East a distance of 137.05 feet to a point for a corner; THENCE South 00 degrees 29 minutes 57 seconds West a distance of 1402.14 feet to a point for a corner, THENCE South 89 degrees 50 minutes 38 seconds West a distance of 137.08 feet to POINT of BEGINNING. CONTAINING within these metes and bounds are 4.414 acres or 192,273 square feet of land more or less. �umilk®Il�rffiffi EXHIBIT A2 �`� & Associates, Htme. DETENTION POND (2) SHEur coxsutmro cmc 1010011CM . SUMORS LANDMARK QUEBEC t ou 14w-7aao fAX(na)4110-7e119 FORT WORTH, TEXAS 4 Scale :N.T.S. Dote :06/01/16 J. M. BASQUIS SURVEY, ABSTRACT N0. 89 OF Design :M.D.C. T RITY OF FORT WORTH RANT COUNTY, TEMAS 4 Drawn T.C.Y. Dwg. 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T wt owm=0 LANDMARK QUEBEC �„.- FORT WORTH TEXAS "°, �►�- Ill 6Z 3o tZ 32B oopni,)31jewpueq—,LMaWgadDV gDMVMgjNjVW ALI-IIDVq dgLVAkWHOjS -- ---------------- -7r ---- -------------- PAWN EE TRA Ll ma 77Z: r--17 k If u PROPOSED DVEN71ON POND 2 Wfulkelmana I LONE STAR BUSINESS PARK FORT WR7H, TEXAS W.m 6Z3°SZ aged oog3n6 31impue-I—.LtggWggdDV gDNVNg.LNIVW✓I.LI'IIaVA agLVMWdoLS OV 1 ---------- -- ------ Wr �.,�. `` � '.,•\�;; *: .'; . I• �,l �� ill _ _ _�� �� � \� �•.,, 'A,{���, � is D7LCO FOND 2 a �jc a��° z mt —`^'"a ,oa EROSION CON7R0�. PIAN r� � © • e,...ru.,r... _..____ -. LANDMARK QUEBEC FORT WORTH. TEXAS d _�3691 a 6ZJO 9Z 32ud oagana 3pawpuuj—.LNgWggdDV gDNVNg.LNIdW ALI'IIDd3'HgLVMMojS ' EEEIII if if i+�E ���� ����� �€��gR ������ �qAM 1� �� i�� '� i�'�• a" aq oil A. P 1 Y M f f � •pM M I Ri••njq R iRg. lit ° 9xl�i ��: !�°'fiae ��e �A "�[ $ a • ��� sig,at � E DETENTION POND 2 Winkelman '— EROSION CONTROL DETAILS LANDMARK QUEBEC 1# """""•per FORT WORTH, TEXAS •R : ,n m.e•..v. 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. 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—Landmark Quebec Page 27 of 29 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 pond 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 Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Ri - STORMWATER FACILITY MAINTENANCE AGREEMENT—Landmark Quebec Page 28 of 29 Rap Condition of filtration system Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORMWATER FACILITY MAINTENANCE AGREEMENT—Landmark Quebec Page 29 of 29