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HomeMy WebLinkAboutContract 50198 CITY SECRETARY /�Q DOE # ciy°SFo9 9��1g� STORMWATER FACILITY Fc9FTg9o9� MAINTENANCE AGREEMENT THIS AGREEivi NT, made and entered into this C/ day of by and between Hillwood Multifamily Land, L.P., a Texas invited Partnership, and AIL Investment, L.P., a Texas Limited Partnership, hereinafter collectively 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 Proposed Lots lx and 2x, Alliance Town Center South, located in the Tarrant County, Texas according to the deeds recorded in Instrument Number D200088056 and D211298930 Deed Records, Tarrant County, Texas, hereinafter called the "Property". WHEREAS, the Landowner has built on and developed the Property according to the Site Plan/Subdivision Plan known as Weekly Ponds (Proposed Lots 1 x and 2x Alliance Town Center Addition) hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and which plan 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 CFFIUAL kL(;ORD CITY SECRETARY WEEKLY PONDS STORMWATER FACILITY MAINTENANCE AGREEMENT.doc FT.WORTHY TX Rev.11/17/2016 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"); 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 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 Facility includes all pipes, channels or other conveyances built to convey storm water to and through the Facility, as well as all structures, improvements, and vegetation provided to control the quantity of the storm water. Adequate maintenance is herein defined as good working condition so that the Facility is performing its design function. 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 Components of the Facility, if any, 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 for the purpose of inspecting the Facility Property whenever the City deems necessary. WEEKLY PONDS STORMWATER FACILITY MAINTENANCE AGREEMENT.doc 2 Rev.11/17/2016 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 acceptable to the City, the City shall provide written notice to Landowner, its successors and assigns, describing with reasonable specificity the needed repairs or maintenance. Landowner, its successors and assigns shall have a period of 30 days to complete such repairs or maintenance (or if such repairs or maintenance cannot reasonably be completed within 30 days, Landowner, its successors and assigns shall commence such repairs or maintenance and shall have such time thereafter as reasonably necessary, using reasonable diligence, to complete such repairs or maintenance). If Landowner, its successors and assigns fail to complete such repairs or maintenance within the time set forth in the immediately preceding sentence, the City, its authorized agents and employees, may enter upon the Facility Property and take whatever steps reasonably necessary to correct deficiencies identified in the inspection report and to charge the reasonable 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_ 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 on the Facility 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 reasonable 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 may impress a lien for the costs of such WEEKLY PONDS STORMWATER FACILITY MAINTENANCE AGREEMENTAOC 3 Rev.11/17/2016 work upon the Facility Property. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the Facility Property, stating the amount owing, 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 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 FACILITY; ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) SLOPE FAILURE OF THE BANKS OF THE FACILITY, OR (3) FAILURE OF THE FACILITY 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 to comply with the provisions of that certain City of Fort Worth Permanent Drainage Easements as recorded in documents number D215262137 and D215262131 of the County Records of Tarrant County, Texas, for so long as the Landowner owns the property subject to such easement. 8. This Agreement shall be recorded among the land records of Tarrant County, Texas, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its successors and assigns, including any property owner's association. Notwithstanding anything to the contrary contained in this WEEKLY PONDS STORMWATER FACILITY MAINTENANCE AGREEMENT.doc 4 Rev.11/17/2016 Agreement, neither Landowner nor any future owner of all or any portion of the Property shall be liable under any indemnification or other obligations under this Agreement with respect to claims, losses, damages, events or occurrences other than those arising during or relating to the respective period of such Landowner's or future owner's ownership of the Property. (Signature Page Follows) WEEKLY PONDS STORMWATER FACILITY MAINTENANCE AGREEMENT.doc rJ Rev.11/1712016 Executed this '—A day of bf $ (- 20(-7. AIL Investment, L.P., a Texas limited partnership By: AIL GP, LLC, a Texas limited liability company, its general partner ql-/By: L.W us k11 L u lin Senior Vice resident Hillwood Multifamily Land,LP, a Texas limited partnership By: Hillwood Multifamily Land GP, LLC, a Texas limited liability company, Litsgenlerpartner By: L. aughlin Senior Vice President City of Fort Worth Jesus J. Chapa Assistant City Manager Approved as to Form and Legality T ssistant City Atto ey FORT�O AT ST � O� ity Secr * ' �r OFFICIAL RECORD CITY SECRETARY XAS FT.WORTH,TX WEEKLY PONDS STORMWATER FACILITY MAINTENANCE A EAAENT.doc Rev.11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § onAKsmsistant ent was acknowledged before 7Fort City Manager of the City Worth, behalf of the City of Fort Worth. a e MARLS SANCHE7A Z.410 :. 2258490 My Notary t# is tate of Texas mbar 19,2021 of Pub +: EX plres Deco '•T``OF t . STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on NN4gkrS 2017, by L. Russell Laughlin, Senior Vice President of AIL GP, LLC, a Texas limited liability company, on behalf of said limited liability company, in its capacity as general partner of AIL Investment,L.P., a Texas limited partnership, on behalf of said limited partnership. LORI LYNN BOWLING Notary Public,State or Texas Notary Public, St e of Texas a �•'a Comm.Expires 10-17-2019 ......`d Notary ID 124717681 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on OeCeM6 9, 2017, by L. Russell Laughlin, Senior Vice President, of Hillwood Multifamily Land GP, LLC, a Texas limited liability company, on behalf of said limited liability company, in its capacity as general partner of Hillwood Multifamily Land, L.P., a Texas limited partnership, on behalf of said limited partnership. LORI LYNN BOWLING .p}tY PUe'i [ _a'=`.. `�s Notary Public,State at Texas • 4�Comm.Expires 10-17-2019 Notary ID 124717681 Notary Public, State of Texas WEEKLY PONDS STORMWATER FACILITY MAINTENANCE AGREEMENT.doc 7 Rev.11/17/2016 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 repo-iing requirements. mog �t4::::2 Janie S. Morales Development Manager EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 7 Rev.11/17/2016 DESCRIPTION OF A DRAINAGE EASEMENT BEING a tract of land situated in the William McCowen Survey, Abstract Number 999, City of Fort Worth, Tarrant County, Texas, being a portion of that tract of land described in deed to AIL Investments, L.P., recorded in Volume 14315, Page 59, and being all of that Drainage Easement, Recorded in Instrument Number D215262137, both of County Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING in the north line of a tract of land called "TRACT 2" in deed to Hillwood Multifamily Land L.P., recorded in Instrument Number D211298930 County Records, Tarrant County, Texas and at the beginning of a non-tangent curve to the right from which a 5/8 inch iron rod found with plastic cap stamped "JACOBS" at an angle in the north line of said "TRACT 2"bears S 89°22'31" W, 545.09 feet; THENCE over and across said AIL Investments, L.P., tract the following courses and distances; With said non-tangent curve to the right, an arc distance of 26.37 feet, through a central angle of 00°56'23", having a radius of 1608.00 feet, the long chord which bears N 05005'36"E, 26.37 feet to the beginning of a compound curve to the right; With said compound curve to the right, an arc distance of 69.01 feet, through a central angle of 42058'44", having a radius of 92.00 feet, the long chord which bears N 27003'10"E, 67.40 feet to the beginning of a reverse curve to the left; With said reverse curve to the left, an arc distance of 58.46 feet, through a central angle of 48°32'32", having a radius of 69.00 feet, the long chord which bears N 24"16'16"E, 56.73 feet; North, 22.88 feet to the beginning of a curve to the left; With said curve to the left, an arc distance of 71.74 feet, through a central angle of 59°34'26", having a radius of 69.00 feet, the long chord which bears N 29"47'1 3"W, 68.55 feet to the beginning of a reverse curve to the right; With said reverse curve to the right, an arc distance of 52.01 feet, through a central angle of 37°43'28", having a radius of 79.00 feet, the long chord which bears N 40°42'42"W, 51.08 feet; N 21050'58"W, 36.43 feet to a curve to the right; With said curve to the right, an arc distance of 46.52 feet, through a central angle of 21050'58", having a radius of 122.00 feet, the long chord which bears N 10°55'29"W, 46.24 feet; North, 129.24 feet to the beginning of a curve to the right; Peloton Job No.HWA15006 Tracking No.7010 FTW July 13,2017 G:JOB HWA15006_ATC_WEEKLEY_INFRA SUR EASEMENTS LEGALS HWA15006_EA4.DOCX Pace 1 of 5 With said curve to the right, an arc distance of 8.63 feet,through a central angle of 12°40'24", having a radius of 39.00 feet, the long chord which bears N 06'20'12"E, 8.61 feet to the beginning of a compound curve to the right; With said compound curve to the right, an arc distance of 134.70 feet, through a central angle of 15'26'10", having a radius of 500.00 feet, the long chord which bears N 20023'28"E, 134.30 feet; N 28006'33"E, 205.52 feet to the beginning of a curve to the left; With said curve to the left, an arc distance of 110.74 feet, through a central angle of 15058'57", having a radius of 397.00 feet, the long chord which bears N 20007'05"E, 110.38 feet to the beginning of a reverse curve to the right; With said reverse curve to the right, an arc distance of 50.72 feet, through a central angle of 100°13'06", having a radius of 29.00 feet, the long chord which bears N 62014'09"E, 44.50 feet; S 67039'1 7"E, 58.98 feet to the west line of a tract of land described in deed to the City of Fort Worth, recorded in Instrument Number D213177970 County Records,Tarrant County, Texas (Old Denton Road); THENCE with the west line of said City of Fort Worth tract (Old Denton Road)the following courses and distances; S 00046'03"E, 120.30 feet; S 00024'24"E, 493.41 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found at the north corner of a tract of land described in deed to the City of Fort Worth, recorded in Instrument Number D214211850 County Records, Tarrant County, Texas (Old Denton Road) and at the beginning of a non-tangent curve to the right; THENCE with the west line of said City of Forth Worth tract (Instrument Number D214211850)the following courses and distances; With said non-tangent curve to the right, an arc distance of 62.10 feet, through a central angle of 56°01'47", having a radius of 63.50 feet, the long chord which bears S 38°30'50"W, 59.65 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found at the beginning of a compound curve to the right; With said compound curve to the right, an arc distance of 26.41 feet, through a central angle of 11°46'38", having a radius of 128.50 feet, the long chord which bears S 72025'04"W, 26.37 feet to 5/8 inch iron rod with plastic cap stamped"PELOTON" found; Peloton Job No.HWA15006 Tracking No.7010 FTW July 13,2017 G:UOB\HWA15006_ATC_WEEKLEY_INFRA\SUR\EASEMENTS\LEGALS\HWA15006_EA4.DOCX Page 2 of 5 S 78018'23"W, 68.57 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found; S 00024'24"E, 108.31 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found the beginning of a non-tangent curve to the right; With said non-tangent curve to the right, an arc distance of 45.33 feet, through a central angle of 05026'02",having a radius of 478.00 feet, the long chord which bears S 76053'22"E, 45.32 feet to a 5/8 inch iron rod with plastic cap stamped "PELOTON" found at the beginning of a compound curve to the right; With said compound curve to the right, an arc distance of 29.53 feet, through a central angle of 04041'57", having a radius of 360.00 feet, the long chord which bears S 71049'23"E, 29.52 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found at the beginning of a compound curve to the right; With said compound curve to the right, an arc distance of 26.85 feet, through a central angle of 54056'l 5", having a radius of 28.00 feet, the long chord which bears S 42000'16"E, 25.83 feet to a 5/8 inch iron rod with plastic cap stamped"PELOTON" found the beginning of a compound curve to the right; With said compound curve to the right, an arc distance of 54.94 feet, through a central angle of 02°09'51", having a radius of 1454.50 feet, the long chord which bears S 12032'28"E, 54.93 feet to the northeast corner of said"TRACT 2; THENCE S 89°22'31"W, 220.95 feet with the north line of said"TRACT 2"to the Point of Beginning and containing 17,456 square feet or 4.007 acres of land more or less. "Integral parts of this document" 1.Description-3 pages 2.Exhibit—2 pages Peloton Job No.HWA15006 Tracking No.7010 FTW July 13,2017 G:VOB\HWA15006—ATC—WEEKLEY—INFRA\SUR\EASEMENTS\LEGALS\HWA15006_EA4.DOCX Page 3 of 5 m Basis of Bearing is the Texas Coordinate System N North Central Zone 4202,NAD 83 -1 IRF - Iron Rod Found G / 46 3 IRS = Iron Rod Set Lot 21, Block A l / Alliance Town Center rho Inst. " D216038757 P -------- \ C.R.T.C.T. V ,� 0 100 200 I J v Drainage Easement Inst. No. D215217290 GRAPHIC SCALE IN FEET / C.R.T.C.1 "INTEGRAL PARTS OF THIS DOCUMENT'' 1. DESCRIPTION-3 PAGES II 2.EXHIBIT-2 PAGES II 9q 9 Utility Easement v Waterline Easement I (Electric) AIL Investment, L.P. Inst. No. D215241665 II Inst. No. D216100406 Vol. 14315, Pg. 56 C.R.T.C.T. C.R.T.C.T. C.R.T.C.T. AIL INVESTMENT, L.P. it Sanitary Sewer Easement / M II Inst. No. D212295817 VOL. 14315, PG. 56 0, C.R.T.C.T. / / C.R.T.C.T. 4.007 ACRES II I � Drainage Easement - 11, w V Inst.' D215262137 I I ---- -----------------C.T. ---------I — N Access Easement I CN 0 (temporary) Inst.- D0304769 C13 __il III C.R.T.C.T. - L CD — ---------------- I— -------------------- T —� (/) N I II I — I I � Slope Easement I I I N Inst. No. D213183909 I I D C.R.T.C.T. _ o o 2 AIL Investment, L.P. Inst.* D216227545 C.R.T.C.T. O Z Drainage Easement N Inst. No. D213183751 I J I{I v C.R.T.C.T. U I iyi 11 = v Waterline Easement yI IF, ~ I O Inst. No. D215241665 IF,F- v��� — C.R.T.C.T. I IRF o J �w IRF �• Waterline Eosement Ol L I G2 I Inst. No. D209142249 v 1 C.R.T.C.T. I I ——-———— -----j The City of --- r0 -----I N Fort Worth r Inst. * D214211850, v t J I L � C.R.T.C.T. � 1 I o 0 0) ° v IRF \ C3 C4 Point of \\` ` IR R Cs Exhibit of a Ln I . Beginning �7 `' IRF n I Drainage rn \lR sag 122'31'W 545_09' S890 22'31''W 220.95' RFI Easement -- — — Situated in the William McCowen Tract 2 Survey, Abstract Number P E LOTO N Hillwood Multifamily Lond, L.P. I 999, City of Fort Worth, Inst.* D211298930 C.R.T.C.T. Tarrant County, Texas VIII LAND SOLUTIONS ACF#7010 9800D PARKWAY,SUITE 250 FORT WOR8TH,H,TEXAS 76177 PH.#817-562-3350 9 JOB# HWA15006 DRAWN BY: W.Blades CHECKED BY: T.Brid es DATE: 7.12.2017 1 PAGE#4 of 5 G:\JOB\HWA15006_ATC_Weekley_Infra\Sur\Easements\HWA15006_EA4.dgn Default 7/13/2017 5:55:03 PM m Basis of Bearing is the Texas Coordinate System N North Central Zone 4202,NAD 83 71 ''INTEGRAL PARTS OF THIS DOCUMENT'' 3 1.DESCRIPTION-3 PAGES ;a 2.EXHIBIT-2 PAGES m z 0 o_ J J J O O LINE TABLE NO. BEARING DISTANCE L1 S78° 18'23''W 68.57' L2 S00° 24'24''E 108.31' L3 NORTH 22.88' L4 N21°50'58"W 36.43' L5 N28°06'33''E 205.52 L6 S67° 39'17''E 58.98' L7 S00°46'03''E 120.30' CURVE TABLE NO. DELTA RADIUS LENGTH BEARING DISTANCE C1 56°01' 47'' 63.50' 62.10' S 38°30' 50" W 59.65' C2 11°46' 38'' 128.50' 26.41' S 72°25'04'' W 26.37' C3 05°26'02'' 478.00' 45.33' S 76°53'22'' E 45.32' C4 04°41' 57'' 360.00' 29.53' S 71°49' 23'' E 29.52' C5 54°56' 15'' 28.00' 26.85' S 42°00' 16'' E 25.83' C6 02'09' 51'' 1454.50' 54.94' S 12°32' 28'' E 54.93' C7 00°56'23" 1608.00' 26.37' N 05°05'36" E 26.37' C8 42°58'44" 92.00' 69.01' N 27°0310" E 67.40' C9 48°32'32" 69.00' 58.46' N 24°16'16" E 56.72' C10 59°34'26" 69.00' 71.74' N 29°47'13" W 68.55' C11 37°43'28" 79.00' 52.01' N 40°42'42" W 51.08' C12 21°50'58" 122.00' 46.52' N 10°55'29" W 46.24' C13 12°40'24" 39.00' 8.63' N 06°2012" E 8.61' C14 15°2610" 500.00' 134.70' N 20°23'28" E 134.30' C15 15°58'57" 397.00' 110.74' N 20°07'05" E 110.38' C16 100°13'06" 29.00' 50.72' N 62°14'09" E 44.50' 0 0 OFn s;By%;f�' �TODD ABRIDGES .......................4 940 �,... O `9y�.SURV Cyd o Exhibit of a Drainage Easement _ Situated in the William McCowen Survey, Abstract Number 999, P E LOTO N II LAND SOLUTIONS City of Fort Worth, Tarrant County, Texas AL;F#7010 9W HILLWOODTEXAS PARKWAY,SUITE 250 JOB#HWA15006 DRAWN BY: W.Bl.des CHECKED BY: T.Brid es DATE: 7.12.2017 PAGE#5 of 5 FORT WORTH,TEXAS 76177 PH.#817-562-3350 9 G:\JOB\HWA15006_ATC_Weekley_Infra\Sur\Easements\HWA15006_EA4.dgn Default 7/13/2017 5:55:22 PM DESCRIPTION OF A DRAINAGE EASEMENT BEING a tract of land situated in the William McCowen Survey, Abstract Number 999, City of Fort Worth, Tarrant County, Texas, being a portion of that tract of land described by deed to Hillwood Multifamily Land L.P., recorded in Instrument Number D211298930, being of portion of that Drainage Easement, recorded in Instrument Number D215262131, both of County Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with plastic cap stamped "Peloton" set at the southeast corner of said Hillwood Multifamily tract; THENCE S 89021'55"W, 146.78 feet, with the south line of said Hillwood Multifamily tract; THENCE N00038'05"W, 40.27 feet, departing said south line, to the POINT OF BEGINNING; THENCE N 82050'07"W, 43.57 feet, to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 83.12 feet, through a central angle of 79°22'31", having a radius of 60.00 feet, the long chord which bears N 43°08'52"W, 76.63 feet; THENCE N 03027'37"W, 189.31 feet, to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 226.86 feet, through a central angle of 08005'01", having a radius of 1608.00 feet, the long chord which bears N 00034'54"E, 226.68 feet, to the north line of the aforementioned Hillwood Multifamily tract, from which a 5/8 inch iron rod with plastic cap stamped "Peloton" found in its north line bears S 89°22'31"W, 545.10 feet; THENCE N 89°22'31"E, 220.95 feet, with said north line, to a 5/8 inch iron rod with plastic cap stamped "Peloton" found, at the southwest corner of that tract of land described by deed to the City of Fort Worth, recorded in Instrument Number D214211850, being the northwest corner of that tract of land described by deed to the City of Fort Worth, recorded in Instrument Number D214211852, both of said County Records, Tarrant County, Texas, and being the beginning of a curve to the right; THENCE departing said north line, and with said curve to the right, an arc distance of 278.26 feet, through a central angle of 10057'41", having a radius of 1454.50 feet, the long chord which bears S 05058'42"E, 277.84 feet, to a 5/8 inch iron rod with plastic cap stamped "Peloton" found in the west line of that tract of land described by deed to the City of Fort Worth, recorded in Instrument Number D213177971, said County Records; Peloton Job No. HWA15006 Tracking No.ACF#7011 Weekley July 13,2017 G:,JOB,HWA15006_ATC_WEEKLEY_INFRA,SUR,EASEMENTS\LEGALSyHWA15006_EA5.DOCX Page i of THENCE S 00029'52"E, 54.54 feet, with said west line, from which a 5/8 inch iron rod stamped "Peloton" found, at the southeast corner of the aforementioned Hillwood Multifamily tract, bears S 00029'52"E, 187.17 feet; THENCE S 44025'45"W, 207.97 feet, departing said west line, to the Point of Beginning and containing 104,542 square feet or 2.40 acres of land more or less. "Integral parts of this document" 1. Description—2 pages 2. Exhibit Peloton Job No. HWA15006 Tracking No. ACF#7011 Weekley July 13,2017 G:\JOB,HWA15006_ATC_WEEKLEI'_INFRA\SUREASEMENTS\LEGALS\HWA15006_EA5.DOCh Page 2of3 r 0) NO. DELTA RADIUS LENGTH BEARING DISTANCE Cn C1 79°22'31" 60.00' 83.12' N43°08'52'W 76.63' Z] C2 08°05'01" 1608.00' 226.86' N00°34'54"E 226.68' 3 C3 10-57-41" 1454.50' 278.26' S05°58'42"E 277.84' N0. BEARING DISTANCE BASIS OF BEARING IS THE TEXAS t wOtth z L1 N82°50'07"W 43.57' COORDINATE SYSTEM NAD83,ZONE 4202. 0{ F t,? NO. 2 L3 S00°29'52''E 2504.54' IRF - IRON ROD FOUND I the Sty* OZS•C 0 10I 200I In C_ I / L GRAPHIC SCALE IN FEET "INTEGRAL PARTS OF THIS DOCUMENT" AIL Investment, L.P. I AIL Investment, L.P. .� Drainage Easement 1. DESCRIPTION Inst." D216227545 Vol. 14315, Pg. 56 / Inst.No.D C.R.T.C.T. 137 2.EXHIBIT I C.R.T.C.T. � \ C.R.T.C.T. C.R.T.C.T, i 1 I L2 Drainage Easement { Inst.No.D213183751 —-—-—-— 1 1 IRF—i C.R.T.C.T. IRF S89 2231•W 545.10' I --The City of Fort Worth \I Inst. • D214211852 Utility Easement t j I C.R.T.C.T. N �v� Inst•C.R.T.C.T. C3 Z MG C2 1 WM ° I W o^ Waterline Easemen II 13 rn I w Inst." D215241666 I n D C.R.T.C.T. l i I o^~I w II li'�U' ,X q I �, I nn " U a- NO ° ~~ Dralnage Easement • I U c G lnst. D215262131 III _ .� CR.T.C.T. i O� I I slt oe Easement! D213183753 j IRF _ C.R.T.C.T. L3 HILLWOOD MULTIFAMILY o LAND, L.P. /.tK INST.# D211298930 z 0r,? C1 i W C.R.T.C.T. ,tp ;, C_� I 'I Iii N N r .il 1 0 I C,7 -.-Utility Eosement Point of L Easement ,.Irl I• Inst." D215241666 � --�—I__Water Well site II C.R.T.C.T. Beginning I Inst.• D216101588 1-0, C.R.T.C.T. 1 — -- — — - ------- — -—- MRF i — — ,�- OF r�k — NO��05"W S8146.78' W ��'•• s T '��o s I Point of A C.,t•!G� o Q Ronald Boyd Elmore I ° ........ - S Vol. 7720, Pg. 1965 Commencing TODD A.BRID�•_,„.. j „.q �r C.R.T.C.T. p •4940 �Q: © L'•°Fess;°•`Q D StIFNE�O a S"0 Exhibit of a Drainage Easement WPELOTON s=Y:a SITUATED IN THE WILLIAM McCOWEN SURVEY, ABSTRACT NUMBER 999 - — VIII- CITY OF FORT WORTH, TARRANT COUNTY, TEXAS LAND SOLUTIONS ACF#7011 5751 KROGER DR.STE.fes 1 KELLER,Tx76244 1817-562-33501 JOB# HWA15006 DRAWN BY: W.Blades CHECKED BY:T.Bridges DATE:7.12.2017 PAGE#3 of 3 G\J0B\HWA15006_AT C_Weekley_in fro\Sur\E o5emenls\HWA15006_E A5.dgn Default 7/13/2017 2=59:53 PM EXHIBIT "B" DESIGN PLAN AND SPECIFICATIONS STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.05/14//2014 O LL ell wgym= <; a N o C7 'sso a $ 4 y � S I2z I / o/ 3 o f n \ B w o lilt 6I gj; j I 01 =LLw N a CL IJ, x ' fflE < o I OO zw OV02f NOISN31X3 213AIHS - �'- O02PltlNll,3unlnfl3d, - t � F LL 7�-� -d MR- N I ( C s z"RY 6 / W O n I ° I I Ililll;r i C) w U z j i1 y 1 I m IIII'gj �� I LL Z a ww IIIII�,\ �I& Q U O W { s J *\ ' \ W LUZ W Q Q @' 3 0 4. o fy' lI II ry Q 1, Z o � ''�� II 8:.a $':�a E a w a# a 8.A 1; O s f� a aj m Z Ocfl �n /W. IWK � o o. 7 { LU 2 e ), § 4 4 (� . --! ) ) 4 \ / . § y \ \ � # § �b m04 \ 2§ CL z- w z \ « U! o \ \\ §! * !. \ 3 w 2 m § b k ,j §A) _ / $ /O w > / �LLJ Y WLU % \ � [ � § ! % _ @ ss { ) _4 \ ) lw 21 \ : j ƒ _ o ; S J o « ƒ < )L 3: \ ) ) 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. WEEKLY PONDS STORMWATER FACILITY MAINTENANCE AGREEMENTA 9 Rev.11/1712016 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 uard Location of Erosion MAJOR INSPECTIONS Condition of Stormwater Quality Structure Type of Stormwater Quality Structure Structure type and Condition Condition of Rip- Ra WEEKLY PONDS STORMWATER FACILITY MAINTENANCE AGREEMENT.doc 10 Rev.11/17/2016 Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation WEEKLY PONDS STORMWATER FACILITY MAINTENANCE AGREEMENTA 11 Rev.11/17/2016 c �. m c N > CL a)m � L U c N Z Cl) m <n c O m a+ a c c c c c c c c c c c c c c c c cn p L m m m 0 0 a) a) a) a) 0 0 0 a) 0 a) Z E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E W a Q) o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W LU > C) C) U U U U U U U U U U U U U �a I V W L �° o o O o o O o o O o 0 o O o O a zl zl zl zl zl zl zl zl zl zl zl zl zl zl z ocn cn cn cn cn cn cn cn cn co co cn cn cn cnl cn O v � W o ° 6 N £ a co r L- m ca a a) ami U- J I 0 m<n �• �. 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