HomeMy WebLinkAboutContract 48797 RECEIVED
CITY$ECRE ARY q S 7q .
CITY OF FORT WODDE # CONTRACT NO.
CITY SECRETARY
STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of by
and between Isibelle DeBaun, acting by and through 157 Development LLC., hereinafter
referred to as "Landowner", 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 26.489-acre tract located in the MENASCO MANUFACTURING
COMPANY ADDITION, VOL. 388-133, PG 93, P.R.T.C.T. AND THE 157&PIPLINE
NORTH LLC, INSTRUMENT NUMBER D216181620, D.R.T.C.T., 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 FM 157 SELF STORAGE
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 storm water 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 Storm Water Management Facilities be constructed and maintained on a
portion of the Property; and
WHEREAS, the City requires that on-site Storm Water Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
OFFICIAL REC0jR9
STORM WATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY
Rev.09/10/2012 FT, VIORTHl TX
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 "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 Storm Water 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 Storm Water Facility
includes all pipes, channels or other conveyances built to convey storm water
to the facility, as well as all structures, improvements, and vegetation provided
to control the quantity and quality of the storm water. Adequate maintenance
is herein defined as good working condition so that these facilities are
performing their design functions. The Storm Water 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, 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
STORM WATER FACILITY MAINTENANCE AGREEMENT 2
Rev.09/10/2012
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,
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 Denton 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
STORM WATER FACILITY MAINTENANCE AGREEMENT 3
Rev.09/10/2012
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,
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 Denton 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 owner's association.
[SIGNATURE PAGE FOLLOWS]
STORM WATER FACILITY MAINTENANCE AGREEMENT 4
Rev.09/10/2012
Executed this (04\-day of/�Y°^' `�A 2OL.
Landowner City of Fort Worth
��
Name: Isibelle DeBaun QST C" O
Assistant City Manager
Title: Managing Member
Approved as to Form and Legality
&U W1,4Z14 —
ssistant City Atto ey
ATTEST
..............
T�
City c tar '
��1fR
STORM WATER FACILITY MAINTENANCE AGREEMENT cJ
Rev.09/10/2012
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and
administration of this contract, including
ensuring all performance and reporting
requirements.
Date: /
D. J. Harrell
Development Services Administrator
STATE OF TEXAS §
COUNTY OF TARRANT §
his instrument was acknowledged before me on (t G by
Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Wo h.
40''PY PVA
r MARIA S SANCHEZ
My Commission Expires o y Public, State o exaS
December 19, 2017
v�
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day of
A; 0 Jehn�� , 20 N, personally appeared
s ,je'k!11 k4 Q0 m de, known
to me to be the person who., name is Aubscribed to the foregoing instrument and
acknowledged to me that the same is the act of
and that.be executed the same as its
and as the act of such LSC and for the purposes and
consid ration expressed in the foregoing instrument.
M.",°y��. REBECCA J.KELLEYNotary Public, St of Texas
, .' MY COMMISSION EXPIRES
February 26,2017
Li
m n�
STORM WATER FACILITY MAINTENANCE AGREEMENT 6
Rev.09/10/2012
EXHIBIT "A"
STORM WATER FACILITY MAINTENANCE AGREEMENT 7
Rev.09/10/2012
EXHIBIT "A"
LEGAL LAND DESCRIPTION
PRIVATE DETENTION EASEMENT
BEING a portion of that certain tract of land in the John R. Wallace Survey,Abstract No. 1699,City of Fort Worth,Tarrant County,
Texas,described as Lot 1, Block 1, Menasco Manufacturing Company Addition(hereinafter referred to as Lot 1),an addition to
the City of Fort Worth,Tarrant County,Texas, according to the plat recorded in Volume 388-133, Page 93, Plat Records,Tarrant
County,Texas(P.R.T.C.T.),and being more particularly described, by metes and bounds,as follows:
COMMENCING at a one-half inch iron rod with plastic cap stamped"HALFF"found for the Southeast corner of the remainder of
said Lot 1,same being the West line of that certain tract of land described as Lot 1, Block 1,Tree Top School Addition
(hereinafter referred to as Tree Top School Addition), an addition to the City of Fort Worth,Tarrant County,Texas,according to
the plat recorded in Volume 388-138, Page 51, P.R.T.C.T.,same also being the Northeast corner of that certain tract of land
described as Lot 1-A-2, Block 1, Menasco Manufacturing Company Addition (hereinafter referred to as Lot 1-A-2),an addition to
the City of Fort Worth,Tarrant County,Texas,according to the plat recorded in Instrument Number D209137705, P.R.T.C.T.;
THENCE South 76 degrees 56 minutes 52 seconds West,departing the West line of said Tree Top School Addition and with the
common line between the remainder of said Lot 1 and said Lot 1-A-2,a distance of 72.28 feet to the PLACE OF BEGINNING;
THENCE South 76 degrees 56 minutes 52 seconds West,continue with the common line between the remainder of said Lot 1
and said Lot 1-A-2, passing at a distance of 30.20 feet,the Northwest corner of said Lot 1-A-2,same being the Northerly
Northeast corner of that certain tract of land described as Lot 1-A-1, Block 1, Menasco Manufacturing Company Addition
(hereinafter referred to as Lot 1-A-1),an addition to the City of Fort Worth,Tarrant County,Texas,according to the plat recorded
in Instrument Number D209137705, P.R.T.C.T. and continue with said course and the common line between the remainder of
said Lot 1 and said Lot 1-A-1,for a total distance of 139.93 feet;
THENCE South 75 degrees 33 minutes 17 seconds West, continue with the common line between the remainder of said Lot 1
and said Lot 1-A-1,a distance of 156.73 feet;
THENCE crossing said Lot 1 for the following 16 courses:
1. North 14 degrees 26 minutes 43 seconds West,departing the Northerly line of said Lot 1-A-1,a distance of 15.00 feet;
2. North 37 degrees 53 minutes 29 seconds East,a distance of 340.97 feet;
3. North 52 degrees 06 minutes 31 seconds West,a distance of 35.44 feet;
4. North 10 degrees 53 minutes 02 seconds East,a distance of 72.64 feet;
S. South 79 degrees 57 minutes 35 seconds East,a distance of 20.31 feet;
6. North 11 degrees 15 minutes 32 seconds East,a distance of 171.20 feet;
7. North 89 degrees 13 minutes 22 seconds East,a distance of 26.91 feet to the beginning of a curve to the right,
whose long chord bears South 89 degrees 20 minutes 28 seconds East,a distance of 2.00 feet;
S. Southeasterly with said curve to the right having a radius of 40.00 feet,through a central angle of 2 degrees 52
minutes 20 seconds,for an arc distance of 2.01 feet;
9. South 00 degrees 46 minutes 38 seconds East,a distance of 29.11 feet;
10. South 81 degrees 31 minutes 19 seconds East,a distance of 11.76 feet;
11. South 39 degrees 52 minutes 27 seconds East,a distance of 21.89 feet;
12. South 00 degrees 55 minutes 40 seconds East,a distance of 168.17 feet;
13. South 07 degrees 55 minutes 49 seconds East,a distance of 101.36 feet;
14. South 00 degrees 52 minutes 38 seconds East,a distance of 40.44 feet;
15. South 43 degrees 26 minutes 49 seconds West,a distance of 66.73 feet;
16. South 14 degrees 22 minutes 48 seconds East,a distance of 67.78 feet to the PLACE OF BEGINNING.
Project No.116-16-04 1 Date:11/22/20161 Page 1 of 2 Checked By:MD2
"" BANNISTER
PRIVATE DETENTION EASEMENT EXHIBIT �
PORTION OF LOT 1, BLOCK 1 E N G I N E E R I N G
MENASCO MANUFACTURING COMPANY ADDITION L240 Nath Mitchell Road I Mansfield,TX 76063 1817.842.2094 1817.842.2095 fax
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS : TBPLS REGISTRATION NO.10193823
A=2°52'20"
"All
=S8R=40.00' FOUND 3/4" \
EXHIBIT A CB ' IRON ROD \
CBS89°20'28"E \
/N890 13' 22"E 26.91' CL=2.00'
FUTURE LOTS 1R21 / til
��.
OF Isl 0( K J. ���- — -L — — — S00°46' 38"E 29.11'
�? r MENn`,CO I 1
•ti`' � I ' S390 52' 27"E 21.89'
*:. """"" " * MANUFACIUkii\'i
" ' COMPANY ' I I
MICHAEL DAN DAVIS ADDITION I I I SCALE: 1" = 80'
4838J. 0' 40' 80'
�y oi,Es opo S81� 31' 19"E 11.76' '
S URQ /, •� I PUBLIC ACCESS,
06 FIRELANE&UTILITY
EASEMENT
S790 57' 35"E 20.31' ° �I w( DOCUMENT NUMBER
(/ I � D208430033
�' �� D.R.T.C.T.
FUTURE LOT LINT, .0 0
_- to LOT 1, BLOCK 1
N10° 53' 02"E 72.64'
TOP
FUTURE LOTS 1R1, BLO( PRIVATE TREEPRIVATEMENASCO MANUFACTURING J I I Q VOLUME 388-138
COMPANY ADDITION d DETENTION ' PAGE 51
SINCLAIR REFINING COMPANY // J I I EASEMENT I P.R.T.C.T.
EASEMENT&RIGHT-OF-WAY / ° „ ,�) (SHADED) I,�S07° 55' 49"E 101.36'
VOLUME 1966, PAGE 471 N52 06 31 W 35.44 /1.568 ACRES OR
VOLUME 2276, PAGE 537 / / I / I 100'EASEMENT AND
VOLUME 2932, PAGE 455 / / �y / 68,284 SQUARE FEEA RIGHT-OF-WAY JUDGEMENT
VOLUME 1966, PAGE 517 TO FORT WORTH POWER
VOLUME 1966, PAGE 519 �CX ° „ AND LIGHT COMPANY
� (�
D.R.T.C.T. / / S00 52 38"E 40.44 -
/ U - 00 VOLUME 444, PAGE 123
i ��� I S430 26'49"W 66.73' r i VOLUME 602, PAGE 169
REMAINDER OF LOT 1, BLOCK 1 r�P� o,� / I SOUTHWESTERN BELL ^ D.R.T.C.T.
MENASCO MANUFACTURING �O / EASEMENT / � VOLUME 23, PAGE 398
"�/ VOLUME 6017, PAGE 793 / Ln DISTRICT COURT MINUTES
COMPANY ADDITION i ��'' A'/ D.R.T.C.T. / i0 VOLUME 388-133, PAGE 93
VOLUME 388-133 PAGE 93 / / 0 P.R.T.C.T.
/ P.R.T.C.T. ���/ s14° 22'4s"E 67.78' Q N
/ / �/ PLACE OF '
PORTION OF / BEGINNING '
157&PIPELINE NORTH LLC / 30.20' PLACE OF
/ INSTRUMENT NUMBER// '3 LOT 1-A-2, BLOCK 1 \COMMENCING
/ D208430020 / _ W 139.9
MENASCO FOUND 1/2"CAPPED
D.R.T.C.T. / S76° 56 5�1 MANUFACTURING IRON ROD STAMPED
N140 26'43" ' / 0 33 11 \N 156 73 IINSTRUMENT ADDITION,
NUMBE /HiLFi
/ S75 1 D209137705
' LOT 1-A-1, BLOCK 1 P.R.T.C.y�'
' MENASCO MANUFACTURING COMPANY ADDITION
INSTRUMENT NUMBER D209137705, P.R.T.C.T
LEGEND
O GENERAL NOTES:
DIMENSION POINT,NOTHING FOUND OR SET
UNLESS NOTED OTHERWISE 1. All bearings shown herein are Texas Coordinate System, NAD83
D.R.T.C.T. DEED RECORDS,TARRANT COUNTY,TEXAS (CORS), Texas North Central Zone (4202). All distances Shown
P.R.T.C.T. PLAT RECORDS,TARRANT COUNTY,TEXAS herein are surface distances.
Project No.116-16-04 Date:11/22/2016 Page 2 of t 1 Checked By:MD2
PRIVATE DETENTION EASEMENT EXHIBIT r B A N N I STER
PORTION OF LOT 1, BLOCK 1 1 E N G I N E E R I N G
MENASCO MANUFACTURING COMPANY ADDITION L240 Nath Mitchell Road 1 Mansfield,TX 76063 l 817.842.20941 817.842.2095 fax
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS : TBPLS REGISTRATION NO.10193823
Exhibit "B"
Attachments:
SWM 1.16 Detention Pond Details
C-4.5 Detention Pond Plan
C-4.6 Detention Pond Details
L-1.0 Landscape Plan
L-1.4 Landscape Notes
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Exhibit "C"
CITY OF FORT WORTH STORM WATER 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.
STORM WATER FACILITY MAINTENANCE AGREEMENT 8
Rev.09/10/2012
Exhibit "D"
Storm Water 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 Rip-
STORM WATER FACILITY MAINTENANCE AGREEMENT g
Rev.09/10/2012
Rap
Condition of
filtration system
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORM WATER FACILITY MAINTENANCE AGREEMENT 10
Rev.09/10/2012