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HomeMy WebLinkAboutContract 51164 CITY SECRETARY DOE # CONTRACT NO. -51 I l� STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of_Mayl7, 2017, by and between BYD TALON HILL DEVELOPMENT, LLC, acting by and through Peter Slover, hereinafter referred to as "Landowner", the Talon Hill Residential Association, Inc. hereinafter referred to as "Association" 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 59.91 acre tract located in the B.B.B. & C. RR. SURVEY, ABSTRACT NO. 221, THE D.C. PACE SURVEY, ABSTRACT NO. 1245, THE G.S. RALL SURVEY, ABSTRACT NO. 1985 AND THE B.B.B. & C. R.Y., ABSTRACT NO. 221, Tarrant County, Texas according to the deed recorded in INSTRUMENT NUMBER D215288757 &D214222289, 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 Talon Hill Phase II hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner and Association provides for management of Stormwater within the confines of the Property; and WHEREAS, the City and the Landowner and Association, and their successors and igns, agree that the health, safety and welfare of the residents of the City of Fort Worth, O ' A� require that on-site Stormwater Management Facilities be constructed and mw ai ed on a portion of the Property; and �rF�9 �o�p��G� OFFICIAL �REQR �Q�9A STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY YY RQ .11/17/2016 FT.WORTH,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, including Association, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit"A" ("Facility Property"); and WHEREAS, Landowner agrees to convey the Facility Property to the Association and the Association agrees to accept the Property where the Stormwater Facility is located. 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 and Association, 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 and Association, 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.11/17/2016 inspection shall cover the entire Facilities, 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 and Association, 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 and the Association, 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 and the Association, 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 or the Association. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.11/17/2016 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 AND ASSOCIATION AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER AND ASSOCIATION COVENANT AND AGREE 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 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; OR FAILURE TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner and Association 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 and Association 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.11/17/2016 on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. 9. Notwithstanding anything to the contrary contained or implied elsewhere herein, it is expressly agreed and understood that the liabilities, indemnities and obligations of BYD TALON HILL DEVELOPMENT, LLC as Landowner hereunder shall expire and be of no further force or effect upon the transfer ("Transfer") by BYD TALON HILL DEVELOPMENT, LLC to the Association of legal title to the Facility Property, save and except for any liabilities, indemnities and obligations of BYD TALON HILL DEVELOPMENT, LLC as Landowner hereunder which have accrued and are due, payable and/or performable as of the date of the Transfer and which shall expressly survive the Transfer. STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.11/17/2016 Executed this 2-D day of 2017. BYD Tal velop n , LC City of Fort Worth t Jesus J. Chapa Name: Assistant City Manager Title: L /�`� �(p Approved as to Form and Legality Tal Resi ' I Asso ' n, Inc. Assistant City Attorney Name: ATTEST Title: ity Secre XAS M&C: 1295: ^' OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STORMWATER FACILITY MAINTENANCE AGREEMENT 6 Rev.11/17/2016 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Avow'-4 n av it by Jesus J. Chapa, Assistant City Manager of the City of Fort WortV, on behalf of the City of Fort Worth. LINDA M.HIRRUNGFR •` My Notary ID#124144746 �►�K. i�*�' Feb�ry 21'`0 of Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on �� y Shawn Goff, Manager of BYD Talon Hill Development, LLC, on ehalf of BYD Talon Hill Development, LLC. \\IIY Ip III SHERRY R. ROBINSON Notary Public.State of Texas My Commission Expires December 28, 2019 tary OPublic,Lk--Al'Texas STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on MIC& Z3 �lI by, authorized repres tative, acting on behalf of the Talon Hill Residential Association, Inc. C� Notary Public, State of Texas Lisa Ciaramitasion Expirero s • My Commis ti. 12/03/2017 OFFICIAL RyR`s CITY SECRETARY FT.1�' RT2.9 TX STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016 Contrast Compliance Manager By si,ing I acknowledge that I am the person responsible for-the monitoring and administration of this contract,including v+•"+...J11� GLLA V,/L1VAMACL11,/V aur 1,.VV1 W1�1,+�tdLl viu,+riu. Ajame S. Morales De aeloament Manazer OFFICIAL R�;. CITY SECRETARY FT.W RT`u�!,TX EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.11/17/2016 EXHIBIT "A" REAL PROPERTY DESCRIPTION OF A VARIABLE WIDTH PRIVATE DRAINAGE EASEMENT BEING A TRACT OF LAND SITUATED IN THE G.S. BALL SURVEY, ABSTRACT NO. 1985, THE D.C. PACE SURVEY, ABSTRACT NO. 1245, AND B.B.B. 6 C.R.R. COMPANY SURVEY, ABSTRACT NO. 221, IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING A PORTION OF THAT CERTAIN TRACT OF LAND CALLED 87.504 ACRE TRACT OF LAND DESCRIBED BY DEED TO BYD TALON HILL DEVELOPMENT, LLC, AS RECORDED IN INSTRUMENT NUMBER D215288757, DEED RECORDS, TARRANT COUNTY, TEXAS, AND PORTION OF THE REMAINDER OF THAT TRACT OF LAND CALLED 178.859 ACRE TRACT OF LAND DESCRIBED BY DEED TO BYD TALON HILL LAND, LLC, AS RECORDED IN INSTRUMENT NUMBER D214222289, DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; BEGINNING AT A 1/2 INCH IRON WITH CAP STAMPED "Landes&Assoc" FOUND FOR THE SOUTHWEST CORNER OF GAS SITE PAD AS RECORDED IN INSTRUMENT NUMBER D214222288 OF SAID DEED RECORDS, IN THE WEST LINE OF SAID 178.859 ACRE TRACT IN THE EAST LINE OF THAT CERTAIN TRACT OF LAND AS CONVEYED TO MMKL PROPERTIES, LLC, BY DEED RECORDED IN INSTRUMENT NUMBER D214111556, OF SAID DEED RECORDS; THENCE NORTH 89 DEGREES 26 MINUTES 50 SECONDS EAST, 369.88 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET FOR CORNER; THENCE NORTH 00 DEGREES 33 MINUTES 10 SECONDS WEST, 445.00 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET FOR CORNER; THENCE SOUTH 89 DEGREES 26 MINUTES 50 SECONDS WEST, 369.88 FEET TO A 5/8 INCH IRON WITH CAP STAMPED "ANA" SET FOR CORNER IN THE WEST LINE OF SAID 178.859 ACRE TRACT; THENCE NORTH 00 DEGREES 33 MINUTES 10 SECONDS WEST, 613.30 FEET WITH THE WEST LINE OF SAID 178.859 ACRE TRACT; THENCE NORTH 25 DEGREES 01 MINUTES 41 SECONDS WEST, 73.99 FEET TO A 1/2 INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF LOT 41, BLOCK A, THE WATERFRONT -PHASE I, AS RECORDED IN CABINET A, SLIDE 3463, OF SAID PLAT RECORDS; THENCE NORTH 63 DEGREES 38 MINUTES 01 SECONDS EAST, 116.39 FEET WITH THE SOUTHERLY LINE OF SAID BLOCK A; THENCE SOUTH 26 DEGREES 21 MINUTES 59 SECONDS EAST, 236.39 FEET; THENCE NORTH 63 DEGREES 38 MINUTES 01 SECONDS EAST, 145.00 FEET; THENCE SOUTH 26 DEGREES 21 MINUTES 59 SECONDS EAST, 503.61 FEET TO A CURVE TO THE RIGHT; THENCE 16.09 FEET WITH THE ARC OF SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 36 DEGREES 52 MINUTES 12 SECONDS, WITH A RADIUS OF 25.00 FEET, A TANGENT LENGTH OF 8.33 FEET, A CHORD WHICH BEARS SOUTH 07 DEGREES 55 MINUTES 53 SECONDS EAST, 15.81 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; A.N.A.Consultants,L.L.C. Pagel of4 5000 Thompson Terrace Colleyville,TX 76034 REVISION:05-12-17 THENCE 117.21 FEET WITH THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 134 DEGREES 19 MINUTES 04 SECONDS WITH A RADIUS OF 50.00 FEET, A TANGENT LENGTH OF 118.71 FEET WITH A CHORD WHICH BEARS SOUTH 56 DEGREES 39 MINUTES 19 SECONDS EAST, 92.16 FEET; THENCE SOUTH 26 DEGREES 21 MINUTES 59 SECONDS EAST, 125.42 FEET; THENCE SOUTH 38 DEGREES 56 MINUTES 39 SECONDS WEST, 40.42 FEET; THENCE SOUTH 51 DEGREES 03 MINUTES 21 SECONDS EAST, 219.58 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG SAID CURVE 80.64 FEET WITH THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 20 DEGREES 32 MINUTES 03 SECONDS WITH A RADIUS OF 225.00 FEET A TANGENT LENGTH OF 40.76 FEET WITH A CHORD WHICH BEARS NORTH 49 DEGREES 12 MINUTES 41 SECONDS EAST, 80.21 FEET; THENCE NORTH 59 DEGREES 28 MINUTES 42 SECONDS EAST, 39.08 FEET; THENCE SOUTH 30 DEGREES 31 MINUTES 18 SECONDS EAST, 135.00 FEET; THENCE NORTH 59 DEGREES 28 MINUTES 42 SECONDS EAST, 69.19 FEET; THENCE NORTH 58 DEGREES 31 MINUTES 31 SECONDS EAST, 74.30 FEET; THENCE NORTH 56 DEGREES 02 MINUTES 31 SECONDS EAST, 75.09 FEET; THENCE NORTH 53 DEGREES 31 MINUTES 32 SECONDS EAST, 75.09 FEET; THENCE NORTH 51 DEGREES 10 MINUTES 53 SECONDS EAST, 102.08 FEET; THENCE SOUTH 43 DEGREES 39 MINUTES 57 SECONDS EAST, 232.47 FEET; THENCE SOUTH 46 DEGREES 20 MINUTES 03 SECONDS WEST, 123.24 FEET; THENCE SOUTH 18 DEGREES 14 MINUTES 59 SECONDS WEST, 20.00 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE WESTERLY, SOUTWESTERLY ALONG SAID CURVE 54.03 FEET WITH THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 61 DEGREES 54 MINUTES 55 SECONDS WITH A RADIUS OF 50.00 FEET A TANGENT LENGTH OF 29.99 FEET WITH A CHORD WHICH BEARS SOUTH 77 DEGREES 17 MINUTES 31 SECONDS WEST, 51.44 FEET; THENCE NORTH 43 DEGREES 39 MINUTES 57 SECONDS WEST, 115.00 FEET; THENCE SOUTH 46 DEGREES 20 MINUTES 03 SECONDS WEST, 300.00 FEET; THENCE SOUTH 43 DEGREES 39 MINUTES 57 SECONDS EAST, 116.01 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE SOUTWESTERLY, SOUTHERLY, SOUTHEASTERLY, EASTERLY ALONG SAID CURVE 100.65 FEET WITH THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 115 DEGREES 19 MINUTES 59 SECONDS WITH A RADIUS OF 50.00 FEET A TANGENT LENGTH OF 78.99 FEET WITH A CHORD WHICH BEARS SOUTH 22 DEGREES 52 MINUTES 09 SECONDS EAST, 84.49 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE EASTERLY, SOUTHEASTERLY ALONG SAID CURVE 16.09 FEET WITH THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36 DEGREES 52 MINUTES 12 SECONDS WITH A RADIUS OF 25.00 FEET A TANGENT LENGTH OF 8.33 FEET WITH A CHORD WHICH BEARS SOUTH 62 DEGREES 06 MINUTES 02 SECONDS EAST, 15.81 FEET; THENCE SOUTH 43 DEGREES 39 MINUTES 57 SECONDS EAST, 188.56 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; A.N.A.Consultants,L.L.C. Page 2 of 5000 Thompson Terrace Colleyville,TX 76034 REVISION:05-12-17 THENCE SOUTHEASTERLY ALONG SAID CURVE 108.65 FEET WITH THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08 DEGREES 53 MINUTES 35 SECONDS WITH A RADIUS OF 700.00 FEET A TANGENT LENGTH OF 54.43 FEET WITH A CHORD WHICH BEARS SOUTH 39 DEGREES 13 MINUTES 09 SECONDS EAST 108.54 FEET; THENCE SOUTH 55 DEGREES 13 MINUTES 38 SECONDS WEST, 130.00 FEET; THENCE SOUTH 31 DEGREES 57 MINUTES 13 SECONDS EAST, 56.07 FEET; THENCE SOUTH 26 DEGREES 03 MINUTES 19 SECONDS EAST, 111.51 FEET; THENCE NORTH 69 DEGREES 50 MINUTES 16 SECONDS EAST, 105.52 FEET; THENCE SOUTH 65 DEGREES 09 MINUTES 44 SECONDS EAST, 28.28 FEET; THENCE SOUTH 20 DEGREES 09 MINUTES 44 SECONDS EAST, 218.13 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTHERLY ALONG SAID CURVE 3.95 FEET WITH THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 DEGREES 00 MINUTES 21 SECONDS WITH A RADIUS OF 225.00 FEET A TANGENT LENGTH OF 1.97 FEET WITH A CHORD WHICH BEARS SOUTH 19 DEGREES 39 MINUTES 33 SECONDS EAST, 3.95 FEET; THENCE SOUTH 70 DEGREES 50 MINUTES 37 SECONDS WEST, 120.00 FEET; THENCE NORTH 84 DEGREES 16 MINUTES 57 SECONDS WEST, 28.73 FEET; THENCE NORTH 05 DEGREES 43 MINUTES 03 SECONDS EAST, 35.72 FEET; THENCE NORTH 44 DEGREES 41 MINUTES 50 SECONDS WEST, 29.66 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 08 SECONDS WEST, 209.25 FEET; THENCE NORTH 00 DEGREES 31 MINUTES 52 SECONDS WEST, 180.34 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WESTERLY ALONG SAID CURVE 18.10 FEET WITH THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02 DEGREES 11 MINUTES 01 SECONDS WITH A RADIUS OF 475.00 FEET A TANGENT LENGTH OF 9.05 FEET, WITH A CHORD WHICH BEARS SOUTH 88 DEGREES 22 MINUTES 37 SECONDS WEST, 18.10 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 08 SECONDS WEST, 62.97 FEET; THENCE NORTH 45 DEGREES 31 MINUTES 52 SECONDS WEST, 28.28 FEET; THENCE NORTH 00 DEGREES 31 MINUTES 52 SECONDS WEST, 220.00 FEET TO A CURVE TO THE RIGHT; THENCE NORTHERLY, NORTHEASTERLY ALONG SAID CURVE 16.09 FEET WITH THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36 DEGREES 52 MINUTES 12 SECONDS, WITH A RADIUS OF 25.00 FEET A TANGENT LENGTH OF 8.33 FEET WITH A CHORD WHICH BEARS NORTH 17 DEGREES 54 MINUTES 14 SECONDS EAST, 15.81 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE NORTHEASTERLY, NORTHERLY, NORTHWESTERLY ALONG SAID CURVE 142.89 FEET WITH THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 163 DEGREES 44 MINUTES 23 SECONDS WITH A RADIUS OF 50.00 FEET A TANGENT LENGTH OF 350.00 FEET, WITH A CHORD WHICH BEARS NORTH 45 DEGREES 31 MINUTES 52 SECONDS WEST, 98.99 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTWESTERLY, WESTERLY ALONG SAID CURVE 16.09 FEET WITH THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36 DEGREES 52 MINUTES 12 SECONDS WITH A RADIUS OF 25.00 FEET A TANGENT LENGTH OF 8.33 FEET WITH A CHORD WHICH BEARS SOUTH 71 DEGREES 02 MINUTES 02 SECONDS WEST 15.81 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 08 SECONDS WEST, 23.10 FEET; THENCE NORTH 00 DEGREES 31 MINUTES 52 SECONDS WEST, 130.00 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 10 SECONDS WEST, 99.64 FEET; THENCE NORTH 12 DEGREES 05 MINUTES 19 SECONDS EAST, 198.72 FEET; THENCE NORTH 77 DEGREES 54 MINUTES 41 SECONDS WEST, 130.00 FEET; THENCE NORTH 12 DEGREES 05 MINUTES 19 SECONDS EAST, 62.80 FEET; A.N.A.Consultants,L.L.C. Page 3 of 4 5000 Thompson Terrace Colleyville,TX 76034 REVISION:05-12-17 THENCE NORTH 77 DEGREES 54 MINUTES 41 SECONDS WEST, 180.00 FEET; THENCE SOUTH 12 DEGREES 05 MINUTES 19 SECONDS WEST, 180.00 FEET; THENCE SOUTH 77 DEGREES 54 MINUTES 41 SECONDS EAST, 129.85 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTHERLY, SOUTWESTERLY ALONG SAID CURVE 113.79 FEET WITH THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 28 DEGREES 58 MINUTES 39 SECONDS WITH A RADIUS OF 225.00 FEET A TANGENT LENGTH OF 58.14 FEET WITH A CHORD WHICH BEARS SOUTH 28 DEGREES 38 MINUTES 27 SECONDS WEST, 112.59 FEET; THENCE SOUTH 43 DEGREES 07 MINUTES 47 SECONDS WEST, 56.13 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 08 SECONDS WEST, 327.95 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE NORTHERLY, NORTHWESTERLY, WESTERLY, SOUTWESTERLY ALONG SAID CURVE 125.95 FEET WITH THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 144 DEGREES 19 MINUTES 39 SECONDS WITH A RADIUS OF 50.00 FEET A TANGENT LENGTH OF 155.39 FEET WITH A CHORD WHICH BEARS NORTH 55 DEGREES 14 MINUTES 14 SECONDS WEST, 95.19 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTWESTERLY, WESTERLY ALONG SAID CURVE 16.09 FEET WITH THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 36 DEGREES 52 MINUTES 12 SECONDS WITH A RADIUS OF 25.00 FEET A TANGENT LENGTH OF 8.33 FEET WITH A CHORD WHICH BEARS SOUTH 71 DEGREES 02 MINUTES 02 SECONDS WEST 15.81 FEET; THENCE SOUTH 89 DEGREES 28 MINUTES 08 SECONDS WEST, 155.19 FEET; THENCE NORTH 00 DEGREES 33 MINUTES 10 SECONDS WEST, 124.73 FEET TO THE POINT OF BEGINNING AND CONTAINING 835,959 SQUARE FEET OR 19.19 ACRES MORE OR LESS. Note: Surveyed on the ground June 2015. Note: Bearings are relative to True North obtained from Global Positioning Satellite System (GPS) Observations, North American Datum 1983 (NAD 183) , Texas State Plane Coordinate System, North Central Zone. Note: In accordance with the Texas Board of Professional Land Surveying General Rules of Procedures and Practices, 663.19(9) , this "Report" consists of the Real Property Description included herein and the Map of Survey attached herewith. OF C,�StEgFO•,9 (? S� . .............. ......... .. ...a.. EDWARD K.•KHALIL ,a 5951..�.. �.40FE 5 5 9�D•SUR�j A.N.A.Consultants,L.L.C. Page 4 of 4 5000 Thompson Terrace Colleyville,TX 76034 REVISION:05-12-17 Exhibit B iSWM Plans , v �' `_ .• �n ti ��'��!�.AC:a�, �dC 1rl ������ ��� �� � fig : _ �. ,• ,t�,�°��: WA "�, •—'�- =�:� g �1��'l�w;�, of'�� � �� r WtIROFT AN rw� I�IIU�V� VIII I ' ( 91. 1 � L r �I� .r3t1�;T?3G p _ r Piz ..': � oil IN im "I.. ......... ..... 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IT I In AT U N I MCI � = x e• mozl i it ,-' E I I I moo " N i R b I• F �a a i , a a Ro, p o a 2 0 Wm� U •SJ I < jm oZ < +aZ sada " a Z yZN NaV aU A 0 n 6 0 <4 i IL hig gig =o g $less. 8864 r Y 8841BReS�o-84Re A 0 `•,� '•:vim i TTM if I re r 6 ,A i d B 8 I §1 g e 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 9 Rev.11/17/2016 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- Ra STORMWATER FACILITY MAINTENANCE AGREEMENT 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 STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016