HomeMy WebLinkAboutContract 49310 pM 1 2
ti R� a( as CITY SECRETARI°
o C'� CONTRACT NO._ J
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City Project# 100371 4,j- '41q� j
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STORMWATER FACILITY
MAINTENANCE AGREEMENT
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THIS AGREEMENT, made and entered into this day o
by and between Keller Independent School District ("'Keller I hereinafter referred
to as "Landowner," and the City of Fort Worth, hereinafter referred to as "City".
WITNESSETH
WHEREAS, Landowners are the owners of certain real properties described as an
approximately 26.93 acre tract located in the William McCowen Survey, Abstract 999,
Tarrant County, Texas according to the deed recorded as Document number D215278999
Deed Records, Tarrant County, Texas, and an approximately 5.39 acre tract located in the
William McCowen Survey, remainder of Tract 1 Property Index No. 70, according to the
deed recorded as Document number D215190571 Deed Records, Tarrant County, Texas,
hereinafter referred to collectively as the "Property"; and
WHEREAS, the Keller ISD is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Thompson Road Middle School
Road, 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
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT S"'�"
Rev. 12/29/2014 + -"I TX
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 more particularly described by
metes and bounds in the attached Exhibit"A"("Facility Property");
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,
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, or its successors and assigns, fail 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, or the Landowner's successors-in-interest if the Landowner
no longer owns the Property. 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, as
such obligation is Landowner's.
5. The Landowner, or its successors or 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, or
its successors or 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. For purposes of this paragraph, "Landowner" shall not include Keller ISD. 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. Notwithstanding any other provision of this
Agreement, Keller ISD shall not indemnify or hold harmless the City under the terms
of this paragraph.
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 PAGES FOLLOW]
Executed this 12114 day of 20+
Landowner: Keller ISD
P __ bA,�
A is-In
Name: '
Title:QM' 1✓ ( JAS
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME the undersigned authority, on this day personally appeared
known to me to be the person and officer whose name is
subscribe to the foregoing instrument, and ackWwleciged to me that he executed the
same as the act and deed of F(-M&TIp(, a 1, y(,� for
the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this JZO-day of
' 2016. &U�
Notary Public in and for the
CAD EW B.WNf TED
*;
as MY COMMISSION EXPIRES
,Nine 17,2018
4t
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.12/29/2014
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.
N#1 e of Employee
1
Title v
State of Texas
Executed this 6� day of ° 201 -
f/
City ofort Worth
r
k� Assist nt City Managers j e5-u5 C bwvO 4
Approved as to Form and Legality
SAssistant City Atto ey
,L.E?vij Gia��A N
ATTEST ,� Fj�T
O� � �Z
City ecre V
�'XAS
STATE OF TEXAS §
COUNTY OF TARRANT §
T his istrument was acknowledged before me on by
( Z , Assistant City Manager of the City of rt Worth, on behalf
of the City of Fhel Work
n ! MARIA S SANCHEZ
Not Public, State of Texas
My Cc.nmission Expires �ry
c
1 \ December 19, 2017
OFFICIAL RECORD
CITY SECRETARY
FT.'6NOR H,TQC
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev.1272912014
EXHIBIT "Al")
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev.1212912014
Page 1 of 6
D216243348 1011712016 4:15 PM PGS 6 Fee: $36.00 Submitter: XEROX COMMERCIAL SOLUTIONS
Electronically Recorded by Tarrant County Clerk in Official Public Records
� o-�!Y�o,,�• :, Mary Louise Garcia
Thompson Road—KISD Site
City Project No.: 100371
Parcel#9
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
CITY OF FORT WORTH
PERMANENT DRAINAGE FACILITY EASEMENT
DATE: September 15th, 2016
GRANTOR: KELLER ISD
GRANTOR'S MAILING ADDRESS (including County):
350 KELLER PARKWAY
KELLER, TX 76248
GRANTEE: CITY OF FORT WORTH
GRANTEE'S MAILING ADDRESS (including County):
1000 THROCKMORTON ST.
FORT WORTH,TARRANT COUNTY,TX 76102
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged.
PROPERTY: Being a portion of that certain tract situated in the William McCowen
Survey, Abstract No. 999, being part of the 365.224 acre tract of land described as
"Tract 1: Property Index No. 70 (North Fort Worth — NE)" in contribution warranty
deed to Basswood35 Land, LLC, dated August 24, 2015, as recorded in Document
Number 0215190571, Deed Records of Tarrant County, Texas, and being more
particularly described in Exhibits "A" and "B" (0.509 acres)
Grantor, for the consideration paid to Grantor and other good and valuable
consideration, hereby grants, sells, and conveys to Grantee, its successors and assigns,
an exclusive, perpetual easement for the construction, operation, maintenance,
replacement, upgrade, and repair of a Permanent Drainage Facility, hereafter referred to
as "Facility". The Facility includes all incidental underground and aboveground
attachments, equipment and appurtenances, including, but not limited to manholes,
PERMANENT DRAINAGE FACILITY EASEMENT
Rev.06102}2014
I
Page 2 of 6
pipelines,junction boxes, inlets, flumes, headwalls, wingwalls, slope pavement, gabions,
rock rip-rap, drop structures and access ramps, and other erosion control measures in,
upon, under and across a portion of the Property and more fully described in Exhibit "A"
and "B" attached hereto and incorporated herein for all pertinent purposes, together with
the right and privilege at any and all times to enter Property, or any part thereof, for the
purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said
Facility. In no event shall Grantor (1) use the Property in any manner which interferes in
any material way or is inconsistent with the rights granted hereunder, or (I1) erect or
permit to be erected within the easement property a permanent structure or building,
including, but not limited to, monument sign, pole sign, billboard, brick or masonry
fences or walls or other structures that require a building permit, or any structure not
requiring a building permit but which may threaten the structural integrity or capacity of
the Facility and its appurtenances. Grantee shall be obligated to restore the surface of
the Property at Grantee's sole cost and expense, including the restoration of any
sidewalks, driveways, or similar surface improvements located upon or adjacent to the
Easement which may have been removed, relocated, altered, damaged, or destroyed as
a result of the Grantee's use of the easement granted hereunder provided, however, that
Grantee shall not be obligated to restore or replace irrigation systems or other
improvements installed in violation of the provisions and intended use of this Easement.
TO HAVE AND TO HOLD the above-described easement, together with all and singular
the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's
successors and assigns forever; and Grantor does hereby bind itself and its successors
and assigns to warrant and forever defend all and singular the easement unto Grantee,
its successors and assigns, against every person whomsoever lawfully claiming or to
claim the same, or any part thereof.
Under Chapter 21, Subchapter E of the Texas Property Code, as
amended, the Grantor or the Grantor's heirs, successors, or assigns, may be entitled
before the 10th anniversary of the date of this acquisition to repurchase the property or
request certain information about the use and any actual progress made toward the use
for which the property was acquired under this easement instrument, and the repurchase
price will be the price the City paid the Grantor in this acquisition.
When the context requires, singular nouns and pronouns include the plural.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE]
PERMANENT DRAINAGE FACILITY EASEMENT
Rev.0610212014
Page 3 of 6
GRANTOR: KELLER ISD GRANTEE: City of Fort Worth
Name:
5Stevepoke,Director
Title: Keller ISD Board President Property Management Department
APP VED AS TO FORM AND LEGALITY
Assolant Cil6Adorrey
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned auth Sit,ra Not r Public in and for the State of
Texas, on this day personally appeared , known to
me to be the same person whose name is subsc I edM-T—�
or oing instrument, and
acknowledged to me that the same was the act of
and thataf he executed the same as the act of said
Pl �ir � for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ; �* day of
20�
iR r y4 CATHERnE&WHITED
* MY COMMISSION EXPIRES
-4 JUN 17,M16
�Bt
Notary Public in and for the State of Texas
PERMANENT DRAINAGE FACILITY EASEMENT
Rev.0610212014
Page 4 of 6
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the
State of Texas, on this day personally appeared Steve Cooke, Director, Property
Management Department, City of Fort Worth, known to me to be the same person
whose name is subscribed to the foregoing instrument, and acknowledged to me that the
same was the act of the City of Fort Worth and that he/she executed the same as the act
of the City of Fort Worth for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
20 1b.
Notary Plublic in and fdr"Ifie State of Texas
ApNy Nli
�•," , RICARDO SALAZAR, p
,'�: Notary Publ;C.Stare of texas
z; �= My Commission Expires
Februaey 25. 218
PERMANENT DRAINAGE FACILITY EASEMENT
Rev.06/0212014
Page 5 of 6
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION
(PAGE I OF 2)
BEING 0.509 acres of land situated in the William McCowan Survey,Abstract No. 999,Tarrant
County, Texas, and being a portion of a tract of land described as "Tract 1" in the deed to Keller
Independent School District, as recorded in Document Number 13215278100, Deed Records of
Tarrant County,Texas (D.R.T.C.T), said 0.509 acre tract of land being more particularly
described as follows:
COMMENCING at a found 5/8-inch iron rod with yellow cap stamped "DUNAWAY ASSOC.
LP" (herein referred to as found 5/8-inch iron rod with cap) for the most northerly northeast
corner of said Keller Independent School District tract, said point being on the south line of a
tract of land described as "Tract 2"(called 5.826 acres) in limited warranty deed to Hillwood
Multifamily Land, LP, as recorded in Document Number D211298926, D.R.T.C.T.;
THENCE South 00 degrees 54 minutes 24 seconds East, departing said south line and along an
east line of said Keller independent School District tract, a distance of 269.26 feet to a found 5/8-
inch iron rod with cap for corner;
THENCE South 34 degrees 34 minutes 05 seconds East,continuing along said east line, a
distance of 104.42 feet to the POINT OF BEGINNING;
THENCE South 34 degrees 34 minutes 05 seconds East, continuing along said east line, a
distance of 112.17 feet to a found 5/8-inch iron rod with cap for corner on a north line of said
Keller Independent School District tract;
THENCE South 55 degrees 25 minutes 55 seconds West, along the north line of proposed
Thompson Road (80' right-of-way), a distance of 184.49 feet to a point for corner;
THENCE North 34 degrees 34 minutes 05 seconds West, departing said north line and crossing
said Keller Independent School District tract, a distance of 104.05 feet to a point for corner;
THENCE North 28 degrees 49 minutes 10 seconds East, continuing across said Keller
Independent School District tract, a distance of 58,93 feet to a point for corner;
THENCE North 63 degrees 19 minutes 50 seconds East,continuing across said Keller
Independent School District tract, a distance of 133.06 feet to the POINT OF BEGINNING and
containing 0.509 acres (or 22,167 square feet) of land, more or less. `' -
OFk.
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\\ftworth\file system\productionSoO\o01900\1997\001\Design\Drawings\Easements\,Pdetes ancf Bot Se}ji{�1�t1f t and Bounds.doc
Page 6 of 6
LEQEND
Hillwood Multi-Family land,LP
"Tract 2"(Called 5.826 Acres) 5/8"IRF DENOTES:
Document#D211298926 FND. 5/8" IRON ROD WITH
D.R.T.C.T. YELLOW CAP STAMPED
"DUNAWAY ASSOC. LP"
o
TOO zao POINT OF
COMMENCING
FNO. 5/8" IRON ROD
WIM CAP STAMPED
"RUNAWAY ASSOC. LP"
SCALE: 1 100 ft.
N89 05'36"E 385.32' V+ Remainder
FOUND p srAMPEa Da {t�at�e� "Tract 1BasswPood35 Land,LLC
MTH'BURY+PARTNERS" �$ g9 party Index No.70
g (North Fort Worth-NE)
�O Document#D215190571
C4 ��l1laP SCCA OCOCtD.R.T.C.T.
N .101f.•'
,w
LD
DRAINAGE �'� �"� 6
Keller Independent o EASEMENT ,.-
x School Dist,ict 22,167 SQ, FT.
"Tract 1" 0.509 ACRE �K""' TF'����""":�t,•'.'
z Document#D215278100
g D.R.T.C.T. �
o POINT OF
IRF BEGINNING
y� IRF
3
.�¢ S34'34'05"E
i 104.42'
153-06 534'34'05"E
112.17'
v
a
N28 49'10'£ IRF
58.93'
0
Q-
i h9 0�
N34134'05"IN �j'g� ea� Remainder
BEARINGS SHOWN ARE BASED UPON 104.05' S h2 t D�O�
y pQ Basswood35 Land, LLC
THE TEXAS STATE PLANE COORDINATE //�Q "Tract i"Property index No.70
�f
$ SYSTEM (NAD83), NORTH CENTRAL (North Fort Worth-NE)
ZONE 4202, AND BY GPS Document#D215190571
a OBSERVATIONS MADE ON THE GROUND. D.R,T.C,T,
i
g
EXHIBIT"B"
8 A METES AND BOUNDS DESCRIPTION Of: Being a 0.509 acre tract of land situated in
8 EVEN DATE ACCOMPANIES THIS DRAWING the William McCowen Survey, Abstract Number
999, Tarrant County, Texas, being a portion of
the tract of land described as "Tract 1" in
the deed to Keller Independent School District
Aw DUNAWAYrecorded in Document Number D215278100,
Deed Records, Tarrant County, Texas
550 Bailey Avenue •SUI1e 400•Fort Worth,Texas 76107
Tel:817,335.1121 •Fax:817.335.7437
(TXREG.F-11141 8001997.001 PAGE 2 OF 2
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Exhibit "C"
CITY OF FORT WORTH STORMWATER FACILITY
OPERATION AND MAINTENANCE PLAN
The only responsibility the City of Fort Worth has in the operation and maintenance of
this Facility is inspection.
General Maintenance Procedures
The structural and functional integrity of the Facility shall be maintained at all times by
removing and preventing drainage interference, obstructions, blockages, or other adverse
effects into, through, or out of the system.
Periodic silt removal shall occur when standing water conditions occur or the pond's
storage volume is reduced by more than 10%. Silt shall be removed and the pond/basin
returned to original lines and grades shown on the approved engineering plans. In
addition, corrective measures are required any time a basin does not drain completely
within 72 hours of cessation of inflow. NO STANDING WATER IS ALLOWED in
basins designed for dry detention purposes.
Accumulated litter, sediment, and debris shall be removed every 6 months or as necessary
to maintain proper operation of the basin. Disposal shall be in accordance with federal,
state and local regulations.
Detention facilities shall be mowed monthly between the months of April and October or
anytime vegetation exceeds 12-inches in height.
To prevent debris from entering and clogging the downstream storm sewer system a wire
mesh screen or similar screening device shall be installed over the outlet until final
acceptance.
4. PREVENTIVE MAINTENANCE/INSPECTION
• Visual inspections of all components will be conducted every 6 months.
• A log shall be kept of maintenance actions, and inspections. The log should
document the condition of the detention system's primary components, mowing,
and silt, litter and debris removal dates. Document aeration of the basin bottoms
and replanting to prevent the sealing of the basin bottom.
• Written maintenance and repair records shall be maintained by the party or
parties signing the attached Agreement and shall be provided to the City upon
request.
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
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
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
Condition of filtration
system
STORMWATER FACILITY MAINTENANCE AGREEMENT 11
Rev.12/29/2014
Berm or Embankment
Settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 12
Rev.12/29/2014