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HomeMy WebLinkAboutContract 48664 �Z34 568 CITY SECRETARY I`ECEIVED CONTRACT NO. FEB 15 2017 CITY of FORT WORT!I DOE # �6 CITY SECRUMY �a 8-e99 t, STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of July 29, 2016, by and between TRINITY PARK II LAND LLC, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter refereed to as "City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 4.56 acre tract located in the W.M. McCOWAN Survey, Abstract 999, Tarrant County, Texas according to the deed recorded in County Clerk Document Number D216099315, 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 TRINITY PARK FT. WORTH hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner 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 constructed and adequately maintained by the Landowner, its successors and assigns, the location and dimensions of which is shown and STORMWATER FACILITY MAINTENANCE AGREEMENT 1 Rev.12/29/2014 more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and 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, 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, 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, beans, 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.12/29/2014 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, 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. 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 AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE AND DOES HEREBY INDEMNIFY,HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.12/29/2014 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, 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 PAGE FOLLOWS] STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.12/29/2014 Executed this tl� day of MA.vt 121 TRINITY PARK 11LANDLLC City of Fort Worth Name: Andrew Beckman "�- '- `� Tes✓S T �— Title: Member Assistant City Manager Approved as to Form and Legality �/A sistant City A orney ATTEST A�kA�� •�a City Secretary all :o �xAs STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.12/29/2014 STATE OF TEXAS § COUNTY OF TARRANT § LKo f�— This instrument was acknowledged before me on �2b C�� ��� ,7 by ode-Geste, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. j1 ,:� �„ L,INMAM. HIRRUNGER f >RY pye :I!olary Public,State of Texas Comm. Expires 02-02 2018 +' Notary Public, State of Texas F OF V, Notary ID 12414474-6 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day of �e Lernbe-Y 201_6 personally appeared �r1rAr��J 1�2C�'NYIG r� 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 '-Fy-i n i+-1 ( -1c -Il Lay�t L L G , and that he executed the same as its F Ylemhcc/ and as the act of such I—L-C.. and for the purposes and consideration expressed in the foregoing instrument. F LARAH DENS TATE • ""1. hfy Notary ID#128944561 ,.: Exres Apd)s,202o Notar ublic State of Texas STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.12129/2014 Exhibit 'A' PROPERTY DESCRIPTION PRIVATE DRAINAGE/DETENTION EASEMENT BEING a 0.631 acre tract of land situated in the Wm. McCowan Survey,Abstract No.999,City of Fort Worth, Tarrant County,Texas and being a portion of a called 4.949 acre tract of land described in a deed to Trinity Park II Land, LLC recorded under Clerk's File No. D2016099315, Official Public Records Tarrant County,Texas(OPRTCT)and being more particularly described as follows: COMMENCING at a 5/8 inch iron rod set for corner in the east line of Old Denton Road a variable width right of way and being the northeast corner of a right of way dedication to the City of Fort Worth recorded under Clerk's File No. D212239296(OPRTCT)and being in the south line of a called 15.0 acre tract of land described in a deed to Inger Maria Randall Cox recorded in Volume 11611, Page 2146,Deed Records Tarrant County,Texas(DRTCT); a THENCE along the common line of said 4.949 acre tract and said 1S.0 acre tract, NORTH 89°44'28" EAST a distance of 499.37 feet to the POINT OF BEGINNING N Ql THENCE continuing along said common line, NORTH 89°44'28" EAST a distance of 72.40 feet to a capped iron rod C) found for corner at the northwest corner of a tract of land described in a deed to CCIM I Partnership recorded N under Clerk's File No. D200157795(OPRTCT); THENCE along the common line of said 4.949 acre tract and said CCIM I Partnership tract,SOUTH 0004'08"WEST a 3 distance of 363.11 feet to a point for corner; a 00 o THENCE crossing said 4.949 acre tract, NORTH 45°16'24" WEST a distance of 38.53 feet to a point for corner; v; CD 0 CN THENCE SOUTH 89°43'36"WEST a distance of 33.48 feet to a point for corner; 0 LU 0 THENCE NORTH 0016'24" WEST a distance of 19.00 feet to a point for corner; 1= LU LU THENCE SOUTH 89043'36"WEST a distance of 151.43 feet to a point for corner; 0 LU LU THENCE SOUTH 44°43'36"WEST a distance of 25.56 feet to a point for corner; THENCE SOUTH 00°16'24" EAST a distance of 2.93 feet to a point for corner; ofa z THENCE SOUTH 89"43'36"WEST a distance of 10.00 feet to a point for corner; 0 1 o THENCE NORTH 00°16'24"WEST a distance of 7.07 feet to a point for corner; 0 0 THENCE NORTH 44°43'36" EAST a distance of 33.84 feet to a point for corner; x 0 THENCE NORTH 89°43'36" EAST a distance of 162.57 feet to a point for corner; 3 oTHENCE NORTH 00°16'24"WEST a distance of 149.00 feet to a point for corner; 0 z THENCE SOUTH 8943'36"WEST a distance of 289.83 feet to a point for corner; w LU z z Uj w of 0 0 } SCALE: 1"=60' DATE: 11/07/2016 Private / Bedford Group Inc. Y SHEET N TECHNICIAN: Elam RDrainage/Detention V)Ln I DRAWN By: Elam Easement Registered Professional Land Surveyors LU J FILE: Prestige DDE1 2016-08-18 City of Fort Worth 11 OF 301 N.Alamo Road'Rockwall,Texas 75087 ATarrant Count Texas PROJECT No. 552-061 y' (972)722-0225 www.ajbedfordgroup.com ajb@ajbedfordgroup.com Z Exhibit W(continued) THENCE SOUTH 44°43'36" WEST a distance of 31.99 feet to a point for corner; THENCE SOUTH 89°43'36" WEST a distance of 143.78 feet to a point for corner; THENCE NORTH 00°16'24"WEST a distance of 10.00 feet to a point for corner; THENCE NORTH 8943'36" EAST a distance of 139.64 feet to a point for corner; THENCE NORTH 4443'36" EAST a distance of 31.99 feet to a point for corner; THENCE NORTH 89°43'36" EAST a distance of 293.97 feet to a point for corner; THENCE NORTH 00°16'24"WEST a distance of 30.00 feet to a point for corner; a THENCE SOUTH 89°43'36"WEST a distance of 16.50 feet to a point for corner; 00 Fi bi THENCE NORTH 00°16'24"WEST a distance of 117.87 feet to the POINT OF BEGINNING; CM CM CONTAINING 0.631 acres 27,496 square feet of land more or less. 3 00 00 0 C. C. N W W Ln W d tnW t� tn W d W Z O 1 Z W J O H 0 0 % �O.• T O LD z /� ( P�,• �SSTE F+ 1 fff oRoyr .................... LU AUSTIN J.BEDFORD Z Austin J.Bedford ..................... w Registered Professional Land Surveyor No.4132 �:gip 4132 P� Lu A.J.Bedford Group,Inc. 9,y."E s s t°?yo O 301 North Alamo Road b . u a� 0 Rockwall,Texas 75087 g SCALE: 1"=60' DATE: 11/07/2016 Private W:4 SHEETElam Bedford Group Inc. N TECHNICIAN: Drainage/Detention utu'�to DRAWN By: Elam Easement tered Professional Land Surveyors W Cit LL FILE: Prestige DDE3 2016-OS-18 OF � y of Fort Worth „301 N.Alamo Road Rockwall,Texas 75087 Tarrant Count Texas Q PROJECT No. 552-061 y� (972)722-0225 www.ajbedfordgroup.com ajb@ajbedfordgroup.com i Z N:\ALL FILES\552-CLAYMOORE ENGINEERING\FORT WORTH\OLD DENTON&PRESTIGE RD\PRESTIGE DDE 2016-08-18.dw ,11/7/2016 7:20:21 AM 0E)'d Denton Road Concrete Sidewalk X_, CIW of Fprt Worth x 1( x— N D212234296(OPRTCT) X� Wrought Iran Fence X �ariabl.x idth ROW) X ,V X—fL tj 77 I - xs o I I � I I Cu 1 z 1 0 I w �to WI D .� w w I , o s I w w W m I rn rn + WI m z I T r) IUjI - p > � O m y n 3 I Q1 W m v Z (D W W s a I _ N Z - ° ' r O1 z °° acta OD m I (D m N 13 tL'n p� ' DT I 1 N m 3 rn o Cn 6 �� 90 rt I � O °° TKO w cn /y� To00 O N rv N p �Iv , vMv0 1Oz (D p W � o m �00l N kD w m �' \ <' =x 1n0 m kD CL �I �_ w _ 0 D 3 lD m W _ ,A - W f, 3w I O w tai U1 r �o - m (7 (D (D r'f. �1- v -o ., w Gi rDR a? 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CULVERT IN PRESTIGE D. �M 7.77 ' 88.00 / 188. 787.96 Q W ' /` J PROP.U PILOT s CH NEL / U Nr 42 O 00 / IC O I U o B N II _ -4 In U 77.9 < 0 r7 7 X786 9386 I 0 EMERGENCY OVERFLOW V a 787.11��'� 786.50 0+o =11.62 cfs ® � 786.50 Woo=2.12 fps 0.50 It Wo=11ft 1 Wo-11 ft ® 80. N FREEBOARD=0.50 It ® 6. .00 0• 00 778{6.00 0 7 ` 780 00 - TEXAS REGISTRATION#14199 X75, 783- - - 782 1$1 I PRELIMINARY 7g L 786781. 7 780, SD FOR REVIEW ONLY .t _ - 781' _ Not for construction purposes. CLAYMORE ENGINEERING ENGINEERING NGINEERING AND PLANNING CONSULTANT TRINITY PARK II Engineer CLAY CRISTY BEDFORD,TX76021 EXHIBIT B PHONE817.2.281.1.057572 �FORT WORTH TEXAS P.E. No.109800 Dere 11/30/2016 : WWW.CLAYMOOREENG.COM ,� 0000 000 r- a(70 OK- w 9'08L V08L a0 :;T Z T O = > H ww J J VQ � W U) cn o Ow 00 J Z az 0= O W U It 4� Z'08L C/) o U ® 0(V II U NQN O `- 0/ V U' z t, z� 0< O F-J Q w a�� r 0 TEXAS REGISTRATION#14199 PRELI MI NARY CD OD 00 n FOR REVIEW ONLY I� I- I- Not for construction purposes. " CLAYMORE ENGINEERING ENG 1 N E E R I N G NGINEERING AND PLANNING CONSULTANT BEDFORD,TX 76021 EXHIBIT B TRINITY PARK II Engineer CLAY CRISTY PHONE:817.281.0572 2 FORT WORTH,TEXAS P.E. No.109800 Date 11/30/2016 WWW.CLAYMOOREENG.COM PROP. RETAINING WALLS 785 100 YR WSE 785 6'PILOT CHANNEL 780 780 779 779 SECTION B-B SCALE H: 1" = 30' SCALE V: 1" = 3' EMERGENCY OVERFLOW Qloo = 11.62 cfs Vloo = 2.12 fps Dn = 0.50 ft W0 = 11 ft FREEBOARD = 0.50 ft 785 785 783 783 TEXAS REGISTRATION#14199 SECTION C-C PRELIMINARYSCALE H: 1" — 30' SCALE V: 1" = 3' FOR REVIEW ONLY Not for construction purposes. " CLAYMORE ENGINEERING ENGINEERING NGINEERING AND PLANNING CONSULTANT TRINITY PARK II Engineer CLAY CRISTY PHONE:81 .2 76021 1.057 EXHIBIT B FORT WORTH TEXAS P.E. No.109800 pare 11/30/2016 PHONE:817.281.0572 3 � WVM.CLAYMOOREENG.COM Proposed Detention Pond Evaluation Elevation Area(sf) Ac Elevation Difference Incremental Volume(ft3) Cumulative Volume(ft) Cumulative Volume(ac-ft) 780.00 0 0.00 0.50 1465 1465 0.034 780.50 5858 0.13 0.50 4013 5477 0.126 781.00 10192 0.23 0.50 5121 10598 0.243 781.50 10291 0.24 1 YR WSE 781.98 0.50 5170 15768 0.362 782.00 10388 0.24 0.50 5218 20986 0.482 782.50 10484 0.24 0.50 5266 26251 0.603 783.00 10579 0.24 5 YR WSE 783.06 0.50 5313 31565 0.725 783.50 10674 0.25 0.50 5361 36925 0.848 784.00 10768 0.25 0.50 5408 42333 0.972 784.50 10863 0.25 100 YR WSE 784.98 0.50 5455 47788 1.097 785.00 10958 0.25 0.50 5503 53291 1.223 785.50 11053 0.25 0.50 5551 58841 1.351 TOPOFPONDI 786.00 1 11149 0.26 4. TEXAS REGISTRATION#14199 PRELIMINARY FOR REVIEW ONLY Not for construction purposes. " CLAYMORE ENGINEERING ENGINEERING NGINEERING AND PLANNING CONSULTANT BEDFORD,TX 76021 EXHIBIT B TRINITY PARK II Engineer CLAY CRISTY PHONE:817.281.0572 4 FORT WORTH,TEXAS P.E. No.109800 Dere 11/30/2016 W WW.CLAYMOOREENG.COM 786.00 TOP OF POND PROP.3'x3'GRATE INLET TOP PROPOSED EMERGENCY OPENING 785.50 3- 100 YR WSE=784.98 V PROPOSED OPENING B 2 784.79 in 0 l 1 784.29 10 YRWSE=783.06 77 1 YR WSE=781.98 �\ PROP.24"RCP PROPOSED OPENING A 1.61' 780.50 PROPOSED—, �\ �j/ 780.00 JUNCTION BOX 3' X 3' GRATE INLET/BOX DETAIL NOT TO SCALE NOTES: 1. CONCRETE COLLARS SHALL BE CONSTRUCTED AT ALL PROPOSED PIPE TO EXISTING CONCRETE PIPE CONNECTIONS,AT ALL CONCRETE PIPE SIZE CHANGES,AT ALL CONCRETE PIPE PVI'S AND AT ALL CONCRETE PIPE JOINTS WITH MORE THAN HALF THE PIPE TONGUE `y EXPOSURE. �. J TEXAS REGISTRATION#14199 P R E L I M I N A RY FOR REVIEW ONLY " Not for construction purposes. CLAYMOORE ENGINEERING ENGINEERING NGINEERING AND PLANNING CONSULTANT TRINITY PARK II Engineer CLAY CRISTY BEDFORD,TX 76021 EXHIBIT B FORT WORTH TEXAS P.E. No.109800 Dere 11/30/2016 PHONE:817.281.0572 5 VVVMN.CLAYMOOREENG.COM GRAPHIC SCALE 30 0 15 30 60 1 inch = 30 ft. STA:0+00 STORM LINE B I / OUTFALL THRO BOTTOM OF RETAI (NG WALL FL 18":780.12 I I I I I STA: 05 STORM LINE B I � INSTALL 1.25% 1-5'CURB NLET 0+00 STA:0+33.97 STORM LINE A _ INSTALL: 1-3'X3'INLET BOX r 7 PER DETAIL SHEET C-9 I\ FL 24":780.04_. (V — \ 5 LF OF 18"RCP @ 1.25% Vault ( ON J so UO J 34 LF OF 24"RCP @ 1.10% ✓ate) - STA: 00 STORM LINE A .V V TEXAS REGISTRATION#14199 P R E L I M I N A R Y FOR REVIEW ONLY Not for construction purposes. " CLAYMOORE ENGINEERING ENGINEERING NGINEERING AND PLANNING CONSULTANT BEDFORD,TX 76021 EXHIBIT B TRINITY PARK II Engineer CLAY CRISTY PHONE:817.281.0572 6 FORT WORTH,TEXAS P.E. No.109800 Dere 11/30/2016 WWVV.CLAYMOOREENG.COM GRAPHIC SCALE 30 0 15 30 60 1 inch = 30 ft. 790 790 785 PROP.SURFACE 785 34 LF OF 24"RCP @ 1.10% 780 780 PARTIAL FLOW Q1oo=11.26 cfs QcAP=23.73 cfs V=3.58 fps Do=0.96' Q 775 Q Z 775 W J Z Q U O X w WCM0. U) mU) o _ I— J O CO O o �— M J Qr-- J\. + J a- II + J Z w II � c 0 ;' Q F— _j0 N Q ~ X of N 770 U) L U) m L`770 0 00 TEXAS REGISTRATION#14199 PRELIMINARY STORM LINE A FOR REVIEW ONLY SCALE H: 1" = 30' Not for construction purposes. SCALE V: 1" = 3' CLAYMORE ENGINEERING ENGINEERING NGINEERING AND PLANNING CONSULTANT TRINITY PARK II Engineer CLAY CRISTY BEDFORD, EXHIBIT B PHONE:817.2.281.0571.0572 FORT WORTH,TEXAS P.E. No.109800 Dgte 11/30/2016 WWW.CLAYMOOREENG.COM 7 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.12/29/2014 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 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 Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip- Rap STORMWATER FACILITY MAINTENANCE AGREEMENT 9 Rev.12/29/2014 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 (O Rev.12/29/2014 Page 1 of 4 D216099315 5!11!201612:57 PM PGS 4 Fee: $28.00 Submitter:XEROX COMMERCIAL SOLUTIONS Electronically Recorded by Tarrant County Clerk in Official Public Records Pu*Q�Y��.+�•.:. Mary Louise Garcia CHICAGO TITLE GF#CTTXSW(.37-E'�bu193 8061321500193 CT NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD W THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. SPECIAL WARRANTY DEED (Vendor's Lien Reserved and Assigned to Third Parry Lender) THE:STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § THAT THE UNDERSIGNED, Classic Real Estate Partners, LP, hereinafter called "Grantor",whether one or more,for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration to the undersigned in hand paid by the Grantee herein named, the receipt of which is hereby acknowledged, and the further consideration of the execution and delivery by the Grantee ofithat one certain promissory note of even date herewith in the principal sum of Eight Hundred Eight Thousand Five Hundred and 00/100 Dollars($808,500.00), payable to the order of Inwood National Bank as therein specified, providing for acceleration of maturity and for attorney's fees, the payment of which note is secured by the vendor's lien herein retained, and is additionally secured by a deed of trust of even date herewith to Gary L.Tipton, Trustee, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL AND CONVEY unto Trinity Park II Land, LLC, herein referred to as "Grantee", whether one or more,the real property described as follows: See Exhibit"A"which is attached hereto and incorporated herein for all purposes. This conveyance, however, is made and accepted subject only to those matters described on Exhibit "B" ("Permitted Exceptions") which is attached hereto and made a part hereof. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto in anywise belonging, unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns forever; and Grantor does hereby bind Grantor's heirs, executors, administrators, successors and/or assigns to WARRANT AND FOREVER DEFEND all and singular the said premises unto the said Grantee, Grantee's heirs, executors, administrators, successors and/or assigns against every person whomsoever claiming or to claim the same or any part thereof, by, through, or under Grantor, but not otherwise. But it is expressly agreed that the Vendor's Lien, as well as Superior Title in and to the above described premises, is retained against the above described property, premises and improvements until the above described note and all interest thereon are fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute. Inwood National Bank("Lender"), at the insistence and request of the Grantee herein, having advanced and paid in cash to the Grantor herein that portion of the purchase price of the herein described SPECIAL WARRANTY DECD WITH VENDOR'S LIEN TO THIRD PARTY PAGE 1 *ACS/TRC* TARRANT Doc: 000099315 Date: 05/11/2016 Vol: 0000000 Page: 00000 Page: 1 Of 4 Page 2 of 4 property as is evidenced by the hereinabove described Note, the Vendor's Lien, together with the Superior Title to said property, is retained herein for the benefit of said Lender and the same are hereby TRANSFERRED AND ASSIGNED to said Lender, its successors and assigns. Current ad valorem taxes on the property having been prorated, the payment thereof is assumed by Grantee. t EFFECTIVE this A day of N4 2016. CLASSIC REAL ESTATE PARTNERS, LP BY: CLASSIC REAL ESTATE PARTNERS GP, LLC BY: f - rn— BART ADAMS, MANAGING MEMBER Grantee's Address: 433 E. Las Colinas Blvd.,Ste, 1100 Irving,TX 75039 THE STATE OF TEXAS § COUNTY OF TARRANT § Before me the undersigned Notary on this day personally appeared Bart Adams, Managing Member of Classic Real Estate Partners GP, LLC, the General Partner of Classic Real Estate Partners, LP known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. t,� Given under my hand and official seal of office on this the " ` day of G 2016. Ww � MARY REBECCA TORRES f= Notary Public State of Texas ID N 129540914 Comm.Expires 8/28/2017 Notary blic in and for the State of Texas Personalized Notary Seal AFTER RECORDING RETURN TO: PREPARED IN THE LAW OFFICE OF: Trinity Park 11 Land, LLC THE Cox LAW FIRM, PLLC 433 E. Las Colinas Blvd.,Ste. 1100 1300 Norwood Dr.,Suite 100 Irving,TX 75039 Bedford,TX 76022 SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO THIRD PARTY PAGE 2 *ACS/TRC* TARRANT Doc: 000099315 Date: 05/11/2016 Vol: 0000000 Page: 00000 Page: 2 Of 4 Page 3 of 4 Exhibit OX Being a 4.949 acre tract of land situated in the Wm. McCowan Survey, Abstract No. 999, City of Fort Worth, Tarrant County, Texas and being a portion of a called 5.388 acre tract of land described in a deed to Classic Real Estate Partners, LP recorded under Clerk's File No. D211078971, Official Public Records Tarrant County, Texas (OPRTCT) and being more particularly described as follows: Beginning at a 5/8 inch iron rod set for corner in the east line of Old Denton Road a variable width right of way and being the north east corner of a right of way dedication to the City of Fort Worth recorded under Clerk's File No. D212239296 (OPRTCT) and being in the south line of a called 15.0 acre tract of land described in a deed to Inger Maria Randall Cox recorded in Volume 11611, Page 2146, Deed Records Tarrant County,Texas(DRTCT); Thence along the common line of said 5.388 acre tract and said 15.0 acre tract, North 89' 44' 28" East a distance of 571.76 feet to a capped iron rod found for corner at the northwest corner of a tract of land described in a deed to CCIM I Partnership recorded under Clerk's File No. D200157795(OPRTCT); Thence along the common line of said 5.388 acre tract and said CCIM I Partnership tract, South 00° 04'08"West passing at a distance of 347.86 feet a capped iron rod, in all a total distance of 377.86 feet to a point for corner in the approximate center line of Prestige Road (Private) a 60 feet wide road easement; Thence along the south line of said 5.388 acre tract and along the approximate centerline of said Prestige Road, SOUTH 89° 43' 39"West a distance of 569.15 feet to a point for corner in the east line of said Old Denton Road; Thence along the east line of said Old Denton Road, North 00° 19' 39"West to a passing at a distance of 30.00 feet a 5/8 inch iron rod set, in all a total distance of 377.99 feet to the Point of Beginning; CONTAINING 4.949 acres or 215,587 square feet of land more or less. SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO THIRD PARTY PAGE 3 *ACS/TRC* TARRANT Doc: 000099315 Date: 05/11/2016 Vol: 0000000 Page: 00000 Page: 3 Of 4 Page 4of4 Exhibit°B° Permitted Exceptions 1. Standby fees, taxes and assessments by any taxing authority for the year 2016 and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership; but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because or improvements not assessed for a previous tax years. 2. Easement recorded on February 11, 2000 in Volume 14213, Page 132, Real Property Records,Tarrant County,Texas. 3. Easement recorded on February 11, 2000 in Volume 14213, Page 133, Real Property Records,Tarrant County,Texas. .SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO THIRD PARTY PAGE 4 *ACS/TRC* TARRANT Doc: 000099315 Date: 05/11/2016 Vol: 0000000 Page: 00000 Page: 4 Of 4 .r d p� rt rt n J ON Ul :P IV ha CD (D OU' (� fy CD N N N O w .� O N o O * 0 CD 23 q `^ O '� M. n O 004 r'r n As O v Ort K �CD m n o d O '* C. 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Box 13697 Secretary of State of Texas Austin, TX 78711-3697 - Filing M 802426793 04/11/2016 FAX: 512/463-5709 Document M 665261100003 1 Statement of Change of Image Generated Electronically Filing Fee: see Instructions Registered Office/Agent for Web Filing Entity Information The name of the entity is -�-_._.-. ._...._ rinity Park II Land, LLC j7he file number issued to the entity by the secretary of state is: 802426793 I he registered agent and registered office of the entity as currently shown on the records of the secretary of state are:. (Andrew R Beckman an X123 Hockaday Drive, Dallas, TX, USA 75229 Change to Registered Agent/Registered Office Ifhe following changes are made to the registered agent and/or office information of the named entity: I Registered Agent Change _.._ _.._ -_ _.._ -... __._. .. .....__.. _. ..._. _ . ..-- --_ The new registered agent is an organization by the name of. 1OR W11B. The new registered agent is an individual resident of the state whose name is: 18 rew Beckman - Registered Office Change The business address of the registered agent and the registered office address is changed to: 33 E Las Colinas Blvd, Suite 1100, Irving, TX, USA 75039 'r _....... .___.-.. ....... ...__....__...__.....__........__.... ..._.._. _._. .......... .........._ _ ;The a street ddress of the registered office as stated in this instrument is the same as the registered agent's business address. Consent of Registered Agent --- ----- ------ ----- ----- ----- -- ---- ----- ------ ----- ------ ------- -------- ----- ----- - �I"A. A copy of the consent of registered agent is- attached. ll7 B. The consent of the registered agent is maintained by the entity. Statement of Approval he change specified in this statement has been authorized by the entity in the manner required by the BOC or in the manner required by the law governing the filing entity,as applicable. Effectiveness of Filing l+�A. This document becomes effective when the document is filed by the secretary of state. __.._.- ....-.,-- -_.. .... . .... ... _._... _ . .--------------------------------------------------------- _ - ._. ._ _._.-. ._.--- -. .-_.__-- - _ -------- -.-._._..----- .. ... . .- ----. _-- ... .. l`B. This document becomes effective at a later date,which is not more than ninety (90) days from the date of its filing by the secretary of state. The delayed effective date is: Execution lfhe undersigned signs this document subject to the penalties imposed by law for the submission of a materially false ,or fraudulent instrument. Date: April 11, 2016 Andrew Beckman ---—-------- Signature of authorized person(s) FILING OFFICE COPY Corporations Section 0 Carlos H. Cascos P.O.Box 13697 �, �� Secretary of State Austin,Texas 78711-3697 Office of the Secretary of State The undersigned, as Secretary of State of Texas, does hereby certify that the attached is a true and correct copy of each document on file in this office as described below: Trinity Park II Land, LLC Filing Number: 802426793 Change of Registered Agent/Office April 11, 2016 In testimony whereof, I have hereunto signed my name officially and caused to be impressed hereon the Seal of State at my office in Austin, Texas on December 14, 2016. j Carlos H. Cascos Secretary of State Come visit us on the internet at hup.*11wtimp.sos.state.tx.us/ Phone: (512)463-5555 Fax: (512)463-5709 Dial: 7-1-1 for Relay Services Prepared by: SOS-WEB TID: 10266 Document:704527630004