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HomeMy WebLinkAboutContract 51915 CITY SECRETARY i.O RACT N0. 5 101 15 CITY PROJECT # 101076 Cottages at Hutson Oaks RETAINING WALL MAINTENANCE AGREEMENT A0 tq THIS AGREEMENT, made and entered into this Jday of tb ', by and between Bloomfield Homes LP, acting by and through Donald J. Dykstra, President 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 16.325 acres tract located in the Francisco Cuella Survey, Abstract No. 266, Fort Worth, Tarrant County, Texas according to the Special Warranty Deed recorded in document D217271805, Official Public Records, Tarrant County, Texas and being more particularly described by metes and bounds in Exhibit "A", 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 Cottages at Hutson Oaks, 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 the construction and maintenance of a Retaining Wall Facility on a portion 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 a Retaining Wall Facility be constructed and maintained on a portion of the Property; and; WHEREAS, the City requires that a Retaining Wall Facility ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors �ECE42p FEB j1rMUAL RECURD G1T(��FART WORTHRETAINING 07 WALL MAINTENANCE AGREEMENT CITY SECRETARY Rev. ctiN s�cF Ta.. FT, WORTH,TX and assigns, the location and dimensions of which is shown on 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 Retaining Wall 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. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. 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, which needs 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, its successors and assigns, fails to maintain the Facility in good working condition acceptable to the City, 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 RETAINING WALL MAINTENANCE AGREEMENT 2 Rev.4/2007 successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Facility, and in no event shall this Agreement be construed to impose any such obligation on the City, such obligation is Landowner's. 5. The Landowner, its successors and assigns, will perform the work necessary to keep the Facility in good working order as appropriate. In the event the City pursuant to this Agreement,performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. In the event that Landowner or its successors or assigns fail to pay the City for the costs incurred under this section, the City shall impress a lien for the costs of such work upon other lots owned by the Landowner. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF OWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE RETAINING WALL IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) EROSION OF THE SOIL BELOW THE RETAINING WALL AND ITS RETAINING WALL MAINTENANCE AGREEMENT 3 Rev.4/2007 FOOTING, , AND (2) AND FAILURE OF THE RETAINING WALL AND ITS FOOTING TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER. 7. 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 administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. Executed tli:.Ist day of Rbm 2019. Landowner City City of Fort Worth Name: Donald J.Dy tra V Jesus J. Chapa Assistant City Manager Title : President, Bloomfield Homes, LP Approved as to Form and Legality Donald J.Dykstra,President Bloomfield Properties,Inc. General Partner Assistant City Attorney ? T ATTEST City'secretaW V U x OFFICIAL RECORD CITY SECRETARY RETAINING WALL MAINTENANCE AGREEMENT Rev.4/2007 FT. WORTH,TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 4&442209by Jesus J. Chapa,Assistant City Manager of the City of Fort Worth, on b alf of the Rty of Fort Worth. MARIA S.SANCHEZ Not ry Public, Sta a of Texas • My Notary ID#2256490 <*'' Expires December 19,2021 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day personally appeared Don al d known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of , and that he executed the same as its and as the act of such and for the purposes and consideration expressed in the foregoing instrument. Notary Public tate of Texas MORGAN HAMMONTREE Notary Public, State of Texas •9 +��� Comm. Expires 08-25-2022 oF `.�`� Notary ID 12993231-3 OFFICIAL RECORD CITY SECRETARY] FT. WORTH TX RETAINING WALL MAINTENANCE AGREEMENT Rev.4/2007 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. Ashraf Ibrahim r Management Analyst II OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX I, aNd 4� EXHIBIT "A" INSERT LEGAL DESCRIPTION FIELD NOTES to that certain tract situated in the Francisco Cuella Survey, Abstract No. 266, City of Fort Worth, Tarrant Sux`ea County, Texas, said tract being a replat of Lot 2, Block 1 of the Slough DVM Addition, according to the plat recorded in Cabinet A, Slide 11737, Plat Records, Tarrant County, Texas; together with a 4.872 acre tract of land described in a warranty deed to Ronald N. Lewandowski and William L. Rogers recorded in document D215260962, Official Public Records, Tarrant County, Texas, a 3.980 acre tract of land described in a warranty deed to Brickstone Development, L.P. recorded in document D217016994, Official Public Records, Tarrant County, Texas, and a 4.168 acre tract of land described in a warranty deed to Ronald N. Lewandowski and William L. Rogers recorded in document D215260920, Official Public Records, Tarrant County, Texas and situated in the Francisco Cuella Survey, Abstract No. 266, Tarrant County, Fort worth, Texas; the subject tract being more particularly described as follows: BEGINNING at a Mag nail with a metal washer stamped "JPH Land Surveying" drilled into a hinged utility vault located at the most easterly northeast corner of the tract described in the deed to Ronald N. Lewandowski and William L. Rogers, recorded under Instrument Number D215260920, Official Public Records, Tarrant County, Texas; THENCE SOUTH 00 degrees 04 minutes 19 seconds EAST, with the west line of the tracts described in the deeds to the City of Fort Worth, recorded under Instrument Numbers D210259112 and D210259109, each of the Official Public Records of Tarrant County, Texas, a distance of 345.85 feet to a 5/8 inch rebar with cap stamped "GORRONDONA & ASSOC" found at the southwest corner of said City of Fort Worth (Inst. D210259109) tract; THENCE SOUTH 89 degrees 48 minutes 22 seconds WEST, with the north line of the tract described in the deed to Tree House Family, LLP, recorded under Instrument Number D207244639, Official Public Records, Tarrant County, Texas, a distance of 336.68 feet to a 1/2 inch rebar with cap stamped "ARTHUR SURVEYING COMPANY" found at the northwest corner of said Tree House Family, LLP tract; THENCE SOUTH 00 degrees 08 minutes 43 seconds EAST, with the west line of the Tree House Family, LLP tract, a distance of 240.00 feet to RETAINING WALL MAINTENANCE AGREEMENT 6 Rev.4/2007 a 1/2 inch capped rebar stamped "JPH Land Surveying" set at the southwest corner of the Tree House Family, LLP tract; THENCE NORTH 89 degrees 48 minutes 22 seconds EAST, with the south line of the Tree House Family, LLP tract, a distance of 2.80 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying" set at the northeast corner of Lot 2, Block 1, Slough DVM Addition, recorded in Cabinet A, Slide 11737, Plat Records, Tarrant County, Texas; THENCE SOUTH 00 degrees 11 minutes 38 seconds EAST, with the east line of said Lot 2, a distance of 199.41 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying" set at the southeast corner of Lot 2; THENCE SOUTH 89 degrees 45 minutes 44 seconds WEST, with the south line of Lot 2, a distance of 726.46 feet to the southwest corner of Lot 2, from which a 1/2 inch rebar found bears SOUTH 00 degrees 03 minutes 10 seconds WEST, a distance of 84.20 feet, also from which a 1/2 inch rebar found bears South, a distance of 400.00 feet, also from which a 1/2 inch capped rebar stamped "CBG SURVEYING" found bears SOUTH 32 degrees 56 minutes EAST, a distance of 0.55 feet, and from which a 3/8 inch rebar found bears SOUTH 81 degrees 02 minutes WEST, a distance of 6.53 feet; THENCE NORTH 00 degrees 03 minutes 10 seconds EAST, with the west line of Lot 2 and the west line of the tract described in the deed to David Edward Hall and Phyllis Ann Hall, recorded in Volume 7340, Page 71, Deed Records, Tarrant County, Texas, a distance of 439.97 feet to a metal fence post found at the northwest corner of said Hall tract; THENCE NORTH 00 degrees 11 minutes 47 seconds WEST, with the west line of the tracts described in the deeds to Ronald N. Lewandowski and William L. Rogers, recorded under Instrument Numbers D215260962 and said D215260920, each of the Official Public Records of Tarrant County, Texas, a distance of 375.80 feet to a 1/2 inch rebar found at the northwest corner of said Lewandowski and Rogers (Inst. D215260920) tract; THENCE NORTH 89 degrees 48 minutes 13 seconds EAST, with the north line of the Lewandowski and Rogers tract, a distance of 884.43 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying" set at the most northerly northeast corner of the Lewandowski and Rogers tract; RETAINING WALL MAINTENANCE AGREEMENT 7 Rev.4/2007 THENCE SOUTH 00 degrees 08 minutes 45 seconds EAST, with the most northerly east line of the Lewandowski and Rogers tract, a distance of 30.00 feet to a 1/2 inch capped rebar stamped "JPH Land Surveying" set at a reentrant corner of the Lewandowski and Rogers tract; THENCE NORTH 89 degrees 48 minutes 13 seconds EAST, with the most easterly north line of the Lewandowski and Rogers tract, a distance of 175.00 feet, returning to the POINT OF BEGINNING and enclosing 16.325 acres (±711,123 square feet). Basis of Bearings The Texas Coordinate System of 1983, North Central Zone (by GPS observation). RETAINING WALL MAINTENANCE AGREEMENT Rev.4/2007 10" PROPERTY LINE 6' 8' TAMPED 7UPSOIL 3/4 CHAMFER ,. l 3 , #µ BAR O 12' O.G. BAR O 24 06&-- 2' C.2' CLEAR TYP. �•r;. i(� i 2 T SCH.�0 PVC WEEP HOLES O i f0'-0' O.C. r (: FREE GALE NG SIDEWALK C SS SLOPE 1w v p,`i CONTNUOUS LENGTH pppp # OF RETAINING WALL 2X MIAX G iN 'I, t ------------ -#3 BARS O 1B' Ilk COWPACTED SUBGRADE 1O 1r 4• Eolc DENsrrY it 1'—B' V WIN. EXHIBIT B ........................ . DENNIS btT. Retaining Wall Facility '"""'"'" 41411 � LMA c��/p q - 9 JPH Land Surveying, Inc. a N d Dallas-Fort Worth * Austin Abilene ti4 EXHIBIT " U Page 1 of 2 FIELD NOTES to that certain tract situated in the Francisco Cuella Survey,Abstract �4�^ No. 266, City of Fort Worth, Tarrant County, Texas, said tract being a portion the V e� tract described in the deed to Bloomfield Homes,L.P.,a Texas limited partnership as S U V recorded under Instrument Number D217271805 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.);the subject tract is more particularly described as follows(bearings are based on Grid North per the Texas Coordinate System of 1983,North Central Zone): COMMENCING at a 5/8 inch capped rebar stamped "Gorrondona&Assoc" found on the west right of way of Alta Vista Road(Instrument Number D210259109, O.P.R.T.C.T.), at the most easterly southeast corner of the said Bloomfield Homes, L.P. tract, from which a 1/2 inch capped rebar stamped "Arthur Surveying Company" found at a reentrant corner of the Bloomfield Homes,L.P.tract bears SOUTH 89 degrees 48 minutes 22 seconds WEST,a distance of 336.68 feet;THENCE NORTH 89 degrees 48 minutes 22 seconds EAST,with a south line of the Bloomfield Homes,L.P.tract,a distance of 1.68 feet;THENCE NORTH 00 degrees 11 minutes 38 seconds WEST,through the interior of the Bloomfield Homes tract,a distance of 0.33 feet to the POINT OFBEGINNING; THENCE continuing through the interior of the Bloomfield Homes tract,the following calls: 1. SOUTH 89 degrees 48 minutes 22 seconds WEST,a distance of 6.75 feet; 2. NORTH 75 degrees 11 minutes 38 seconds WEST,a distance of 1.93 feet; 3. SOUTH 89 degrees 48 minutes 22 seconds WEST,a distance of 329.34 feet; 4. SOUTH 74 degrees 48 minutes 22 seconds WEST,a distance of 1.93 feet; 5. SOUTH 89 degrees 48 minutes 22 seconds WEST,a distance of 0.75 feet; 6. NORTH 00 degrees 11 minutes 38 seconds WEST,a distance of 0.67feet; 7. NORTH 89 degrees 48 minutes 22 seconds EAST,a distance of 0.66 feet; 8. NORTH 74 degrees 48 minutes 22 seconds EAST,a distance of 1.93 feet; 9. NORTH 89 degrees 48 minutes 22 seconds EAST,a distance of 329.51 feet; 10. SOUTH 75 degrees 11 minutes 38 seconds EAST,a distance of 1.93 feet; 11. NORTH 89 degrees 48 minutes 22 seconds EAST,a distance of 6.66 feet; 12. SOUTH 00 degrees 11 minutes 38 seconds EAST,a distance of 0.67 feet returning to the POINT OF BEGINNING and enclosing 227 square feet. OF Jewel Chadd �� Registered Professional •••.^•• •••• ......••• Land Surveyor No.5754 ....t..... CH jewelna_jphls.com 754 . : January 15,2019 Job No.2015.009.008 Alta Vista-Retaining Wall Agreement tip SURv� Dallas-Fort Worth Austin Abilene 785 Lonesome Dove Trail 1516 E.Palm Valley Blvd.,Ste.A4 500 Chestnut Street,Suite 702 Hurst,Texas 76054 Round Rock,Texas 78664 Abilene,Texas 79602 (817)431-4971 (512)778-5688 (325)672-7420 Firm#10019500 Firm#10194073 Firm#10193867 W W W.JPHLANDSURVEYING.COM ver EXHIBIT PAGE 2 OF 2 Line Data TableABSTRACT NO.266 o Line# Bearing Distance BLOOMFIELD HOMES,L.P., A TEXAS LIMITED PARTNERSHIP O Ll N89°48'22"E 1.68' INST.#D217271805 w Q a L2 N00°11'38"W 0.33' O.P.R.T.C.T. o O L3 S89°48'22"W 6.75' 227 SQUARE FEET o v L4 N75°11'38"W 1.93' L9 L10 L11 L12 L13 L24 °� DETAIL L5 S89°48'22"W 329.34' L6 LS S89048'22"W 336.68' L4 L3 L7 z P.O.B. o P.O.C. L6 S74°48'22"W 1.93' L10 Its c L7 S89°48'22"W 0.75' I z Q o L8 N00°11'38"W 0.67' w TREE HOUSE FAMILY,LLP. ( Q a INST.#D207244639 3 L9 N89°48'22"E 0.66' O.P.R.T.C.T. k, O L10 N74°48'22"E 1.93' m COOH L11 N89°48'22"E 329.51' L12 S75°11'38"E 1.93' o L13 N89°48'22"E 6.66' L14 S00°11'38"E 0.67' DETAIL (NOT TO SCALE) MONUMENTS/BEARING BASIS N.O.B. CRS p 1/2"rebar stamped"JPH Land Surveying" set L2 MNS p Mag nail&washer stamped"JPH Land Surveying" set LI P.O.C. Monuments are found if not marred MNS or CRS. sis°RasAR^OORRONDONA&ASSOC' Bearings are based on Grid North,Texas Coordinate System of 1983,North Central Zone CSF TEli , LEGEND OF ABBREVIATIONS ��•`'.;�(F.RE P.R.T.C.T. Plat Records of Tarrant County,Texas ��'�a 1•, O.P.R.T.C.T. Official Public Records of Tarrant County,Texas �f D.R.T.C.T. Deed Records of Tarrant County,Texas "•d•� �.• POB/POC Point of Beginning/Point of Commencing /y ••�•• � �•®mob La Nd •.�p g, Q�. MD S / Jewel Chadd _ Registered Professional Land Surveyor No.5754 / 0 10' jewel@jphls.com January 15,2019 .o ,eel EXHIBIT SHOWING Scale: 1"= 10' JPH Job No. 227 SQUARE FEET rO 5.009.008 Alta Vista-Retaining Wall Agreement.dwg SITUATED IN THE 2019 JPH Land Surveying,Inc.-All Rights Reserved FRANCISCO CUELLA SURVEY 785 Lonesome Dove Trail,Hurst,Texas 76054 Telephone(817)431-4971 www.jphlandsurveying.com ABSTRACT NO. 266 TBPLS Firm#10019500#10194073 #10193867 CITY OF FORT WORTH, DFW Austin Abilene TARRANT COUNTY,TEXAS Vvf