HomeMy WebLinkAboutContract 51959 CITY SECRETARY
CONTRACT N0. `J)559
INTERLOCAL AGREEMENT
FOR CHADWICK FARMS PARK
This Interlocal Agreement for Chadwick Park ("Agreement") is made and entered into by
and between the City of Fort Worth (hereinafter referred to as "City"), a home-rule municipal
corporation organized under the laws of the State of Texas, acting by and through its duly
authorized Assistant City Manager, and Trinity River Authority of Texas (hereinafter referred to
as "TRA"), a conservation and reclamation district and political subdivision of the State of Texas,
created by and functioning under TEx. REV.CIV. STAT.ANN. Art. 8280-188, and acting pursuant
to the powers granted by that article and general law, by and through its duly authorized General
Manager.
The following statements are true and correct and constitute the basis upon which the City
has executed the Agreement:
A. This Agreement is made under the authority granted by and pursuant to Chapter
791 of the Texas Local Government Code;
B. The City owns a certain piece of property known as Chadwick Farms Park, located
at 15700 Cleveland-Gibbs Road, Fort Worth, Denton County, Texas 76262, and
more accurately depicted in Exhibit A, which is attached hereto and incorporated
herein for all purposes ("Park").
C. TRA owns a Substitution Easement and Right-of-Way (`Easement") through the
Park which authorizes it to construct sanitary sewer lines within the confines of the
Easement, and which permits TRA the right of reasonable ingress and egress across
the adjacent Park property for purposes of constructing and maintaining said lines.
A copy of the Easement is attached hereto as Exhibit B.
D. TRA requires additional permanent and perpetual rights through an undeveloped
portion of the Park for the purpose of constructing, operating and maintaining an
additional sanitary sewer line providing service to the City of Fort Worth said
permanent rights being described in the instrument attached hereto as Exhibit C,
and additionally certain temporary rights to facilitate construction, described on
Exhibit D.
E. This Agreement will provide TRA with both permanent rights and temporary
access and workspace to a portion of the Park for purposes of reconstructing a
sanitary sewer line beneath the Park and within the Easement owned by TRA and
within the area described in Exhibit C, which is in the common interest of both
parties and will benefit the general public.
F. Each governing body, in performing government functions or in paying for the
performance of governmental functions hereunder, shall make that performance or
those payments from current revenues legally available to that party.
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G. The City and TRA find that the subject of this Agreement is necessary for the
benefit of the public and that each has the legal authority to perfor
OFFICIAL RECORD
G\�'t Interlocal Agreement for Chadwick Farms Park
CITY SEuRtTARY
FT. WORTH,Tx
the government function or service that is the subject matter of this Agreement.
H. The City and TRA are parties to City Secretary Contract No. 46707 which was
executed on May 28,2015. The City and TRA agree that nothing in this Agreement
shall be construed as to alter the obligations of either party under City Secretary
Contract No. 46707.
Agreement
I. Grant of Permanent Rights
For the consideration in hand paid by TRA to the City of Twelve thousand five-hundred
seventy-nine dollars and twenty cents ($12,579.20), the City shall grant TRA the
permanent rights described in Exhibit C by the execution of that instrument.
II. Term of Temporary Rights
a. License Period. The term of the access to and use of the area described in Exhibit
D shall consist of one (l) license period of two hundred fifty (250) consecutive calendar
days,commencing no later than April 15, 2019.TRA must notify the Director of the City's
Parks and Community Services Department or that person's designee ("Director") at least
five (5) business days prior to the date on which the License Period will commence. The
license period shall end at 11:59 p.m. on the 250th calendar day following the day of
commencement ("License Period"). If TRA's use of the Licensed Premises does not
commence on or before April 15, 2019, TRA shall immediately begin to restore the surface
of the Licensed Premises in accordance with this Agreement. Nothing herein shall reduce
or alter TRA's obligations to restore the property described in City Secretary Contract No.
46707.
b. Extension of License Period. If TRA fails to complete all obligations hereunder in
accordance with this Agreement on or before the expiration of the License Period,
including,but not limited to, restoration as specified herein,then TRA agrees to extend the
License Period on a month-to-month basis until TRA has completed all obligations
pursuant to this Agreement. If an extension occurs, then TRA shall pay or cause the City
to be paid rent in the amount of one dollar and fifty cents per square foot per month for the
entirety of the Licensed Premises(as hereinafter defined)under this Agreement,which will
be due and payable on or before the first (1st) day of each extended License Period. Such
rent shall be paid to the City without demand and without offset.
The extension of the License Period shall occur and renew automatically each month until
TRA receives notice from the City that all of its obligations under the Agreement have
been completed. Notwithstanding anything to the contrary, the City may terminate the
extended License Period at any time and for any reason.
C. Access. No use of or access to the Park or the Licensed Premises shall be
allowed outside of the designated License Period or applicable extension period, except as
is authorized by any easements or permanent rights held by TRA. TRA's rights in and to
the Licensed Premises hereunder shall be strictly limited and shall fully and absolutely
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terminate and be of no further force and effect at the conclusion of the License Period or
applicable extension period,except as is authorized by any easements held by TRA. After
the License Period or applicable extension period ends, all rights of TRA in and to the
Licensed Premises shall,automatically and without the need for any further documentation,
fully and unconditionally terminate, whereupon TRA shall have no right of entry or use of
the Licensed Premises whatsoever except as is authorized by any easements held by TRA.
III. Licensed Premises
a. Subject to the terms and conditions set forth in this Agreement and the City Charter
and ordinances, for and in consideration of the monetary payments to be made hereunder
and the other covenants and promises expressed herein, the City does hereby agree to
license to TRA during the License Period the use of the following portions of the Park for
the purposes stated herein:
I. A portion of the Park,the description, location, and boundaries of which are
depicted in Exhibit D, which is attached hereto and incorporated herein for all purposes as
though it were set forth at length ("Licensed Premises"), for use as temporary access and
workspace for purposes of constructing a sanitary sewer line beneath the Park and within
the area described in Exhibit C and for no other purpose.
2. The parties understand and acknowledge that TRA has an Easement that
grants it the right of reasonable ingress and egress across the Park, where necessary, for
the purposes of laying, constructing, inspecting, operating, maintaining, repairing,
replacing, adding, changing, or removing its sanitary sewer pipelines (see Exhibit B). In
the interest of efficiency and protection of the Park and its patrons,the parties hereby agree
to the following with respect to ingress and egress concerning the Project:
i. The Access and Workspace Area is referred to herein as the
"Licensed Premises."
ii. TRA and its contractors and subcontractors shall enter the Park and
access and exit the Licensed Premises and the area described in Exhibit C
via the access road on the neighboring "Lot 1, Block l Fairway Ranch
Addition"tract, which is depicted in Exhibit C. If TRA desires ingress and
egress access to any other portion of the Park not specified herein but which
may be allowed pursuant to the terms of its Easement,then the parties agree
to work together to come to a mutual agreement concerning the location of
such access, recognizing the interest of TRA in exercising its rights under
the Easement and the City in protecting its interest in the Park. If TRA
utilizes ingress and egress access to any other portion of the Park which is
not pursuant to this Agreement or to the terms of its Easement, then TRA
shall pay or cause the City to be paid reasonable fees as determined by the
Fair Market Value and square footage of the property utilized.
iii. TRA agrees to contact the Director at least twenty(20)calendar days
prior to accessing the Park for its construction activities within the
Easement.
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3. TRA's use the Park is strictly limited to the Licensed Premises, its existing
permanent easement and the area as depicted in Exhibit C and TRA shall not have access
to any other area of the Park. In the event any portion of the Park is occupied or used,
either actively or passively, outside of the Licensed Premises, then TRA shall pay or cause
the City to be paid monthly rent in the amount of one dollar and fifty cents per square foot
for the entirety of the Licensed Premises. Such payment shall be made in full to the City
for a minimum of one, full thirty day period. If TRA removes or damages trees through
any such unauthorized use, TRA shall also pay to the City a tree mitigation fee, in
accordance with Exhibit E. Upon notification by the City, TRA shall immediately cease
such use or occupancy and immediately restore any such Park property in accordance with
the applicable provisions set forth in this Agreement.
IV. Consideration
a. Contemporaneously with executing this Agreement, TRA shall deliver to the
offices of the City's Parks and Community Services Department (the
"Department'"), 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115,
payment of a Fee of twelve thousand five hundred seventy-nine dollars and twenty
cents ($12,579.20) as consideration for the approximately 0.31448 acres of
easement area granted under this Agreement.
b. Contemporaneously with executing this Agreement, TRA shall deliver to the
offices of the City's Parks and Community Services Department (the
"Department"), 4200 South Freeway, Suite 2200, Fort Worth, Texas 76115,
payment of a License Fee of fifty-eight thousand two hundred and seventeen dollars
($58,217.00) for the use of approximately 58,217 square feet of parkland granted
as a temporary workspace under this Agreement.
c. Consideration for any additional use of the Licensed Premises beyond the initial
250 day license period will be in accordance with Section 11.
d. The proposed alignment will impact approximately 58 trees totaling 523 caliper
inches within the park. Mitigation fees in the amount of $83,200.00, has been
assessed for the proposed tree removal impacts. TRA will pay to the City a
mitigation fee of eighty-three thousand two hundred dollars ($83,200.00). All
remaining trees will be protected with tree protection fencing. Any additional
impacts shall be assessed under the CRZ notes as defined in Exhibit E.
V. Acceptance of Licensed Premises
TRA takes all portions of the Licensed Premises and all appurtenances in "AS IS"
condition without any express or implied warranty on the part of the City. TRA accepts
the Licensed Premises in their present condition, finds them suitable for the purposes
intended, and further acknowledges that it is thoroughly familiar with such condition by
reason of personal inspection and does not rely on any representations by the City as to the
condition of the Licensed Premises or their suitability for the purposes intended. TRA
accepts the Licensed Premises subject to any and all previously recorded easements that
may have been granted on,along,over, under, or across said property, and releases the City
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from any and all damages, claims for damages, loss, or liabilities that may be caused to
invitees, licensees, or trespassers by reason of the exercise of such rights or privileges
granted in said easements. TRA's taking possession of the Licensed Premises shall be
conclusive evidence that: (a)the Licensed Premises are suitable for the purposes and uses
for which same are licensed; and(b)TRA waives any and all defects in and to the Licensed
Premises and all the appurtenances thereto. The City shall not be liable to TRA, its
agents, employees, contractors, subcontractors, invitees, licensees, or guests for any
damage to any person or property due to the acts or omissions of TRA, its agents,
employees,contractors,or subcontractors, unless such damage is caused by the gross
negligence or willful misconduct of City or its agents, employees, separate
contractors, or subcontractors.
VI. Use Not Exclusive
With respect to the Licensed Premises,this Agreement and all rights granted to TRA herein
are strictly non-exclusive. The City reserves the right to enter into and grant other and
future licenses, leases, and other authorizations for use of the Park and the Licensed
Premises to other persons and entities as the City deems appropriate in accordance with
applicable law; provided, however, that in granting subsequent authorization for use, the
City will not allow a use that will unreasonably interfere with TRA's use of the Licensed
Premises as provided herein. This Agreement does not establish any priority for the use of
the Park or the Licensed Premises by TRA or by any present or future licensees or other
permit holders. In the event of any dispute as to the priority of use of the Park or the
Licensed Premises, the first priority shall be to the public generally, the second priority to
the City in the performance of its various functions, and thereafter, as between licensees
and other permit holders, as determined by the City in the exercise of its powers, including
the police power and other powers reserved to and conferred on it by the State of Texas.
VII. Limitations on Use
a. Construction on the Licensed Premises is allowed only between 7:00 A.M. and 7:00
P.M. Monday through Friday. For purposes of this provision,the term "construction,"shall
include (i)clearing, dredging, excavating, compacting, or grading of land; (ii) delivery or
assembly of pipe, fittings, or similar materials; and (iii) operation of heavy equipment,
including,but not limited to,a backhoe,backhoe loader,boom truck,bulldozer,compactor,
crane, dump truck, excavator, grader, grapple truck, loader, pile driver, power shovel,
roller, scraper, tractor, trencher, and tunnel boring machine.
b. All TRA equipment and materials shall be placed and maintained solely within the
confines of the Licensed Premises. Unless otherwise approved by the Director, TRA shall
enter and leave the Park and access the Licensed Premises via the neighboring "Lot 1,
Block 1 Fairway Ranch Addition"tract, which is depicted in Exhibit C. Cleveland-Gibbs
Road shall not be used for ingress and egress purposes. TRA's use of the Licensed
Premises hereunder shall be solely restricted to TRA's activities on the Licensed Premises
and shall not include the use of the Park or the Licensed Premises to serve any activities,
including, but not limited to, construction activities, occurring outside of the Licensed
Premises.
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C. In accessing and using the Licensed Premises, TRA shall comply with all of its
obligations and responsibilities under this Agreement and under any and all applicable,
federal, state, or local law, rule, or ordinance.
VIII. Public Safetv
a. TRA shall be solely responsible for initiating, maintaining, and supervising all
safety precautions and programs in connection with TRA's use of the Licensed Premises
and the Park.
b. At a minimum, TRA shall: (i) install and maintain construction fencing in
accordance with any preconstruction plans agreed to by the Director; and (ii) ensure that
no equipment or materials are stored in the Park in a manner that is not secure. Following
installation of the fencing,TRA shall contact the Director to inspect for proper installation.
TRA shall ensure that all equipment and materials are stored on the Licensed Premises in
an enclosed area that shall be kept locked when not in use, and TRA shall provide the
Director with keys for all fence and entry locks. At no time shall any fenced area be left
open unless staffed by security personnel.
C. In addition, TRA shall provide construction and maintenance signs and sufficient
barricades at work sites to protect the public. The use of traffic control devices shall be
consistent with the standards and provisions of Part VI of the Texas Manual on Uniform
Traffic Control Devices. TRA shall also take all necessary precautions and shall provide
all necessary protection to prevent damage, injury, or loss to (a) all persons accessing
portions of the Licensed Premises on which any construction is being performed by or on
behalf of TRA; (b)all work performed on or from the Licensed Premises and all materials
and equipment to be incorporated therein that are under the care, custody, or control of
TRA, or TRA's employees, agents, contractors, or subcontractors, regardless of whether
such material and equipment is stored on or off the Licensed Premises; and (c) other
property on or adjacent to the Licensed Premises.
IX. Protection of the Environment
a. TRA shall not handle or store any Hazardous Materials on the Licensed Premises
or the Park, except that TRA may, in compliance with applicable environmental laws, use
and store Hazardous Materials in such amounts and types that are commonly used in
connection with pipeline bursting operations, provided, however, that TRA specifically
agrees to remove any and all such Hazardous Materials on or before the final day of the
License Period. TRA shall not introduce, use, generate, store, accept, or dispose of on,
under, or about, transport across, or permit to exist on the Licensed Premises or the Park
any"treatment, storage or disposal facility"or"underground storage tank," as those terms
are defined under applicable environmental laws. For purposes of this Agreement,
"Hazardous Materials" shall mean potentially dangerous hazardous wastes, toxic
substances, or related materials, including, but not limited to, pollutants; asbestos;
polychlorinated biphenyl (PCB); petroleum or other fuels (including crude oil or any
fraction or derivative thereof); underground storage tanks, and substances considered
hazardous, toxic, or the equivalent pursuant to applicable laws. Any Hazardous Materials
used by TRA on the Licensed Premises shall be posted on site and a list shall be given to
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City.
b. TRA shall not create or aggravate any condition at the Park or the Licensed
Premises that could present a threat to human health or to the environment.
X. Documenting Condition of Licensed Premises
TRA must provide the Department with videographic documentation of the condition of
the Licensed Premises as they exist both before and after the uses permitted herein. All
such video must include a visible date and time stamp indicating when the videography
occurred. TRA must submit documentation of the pre-installation condition prior to
commencing any work on the Licensed Premises. Post-installation documentation must
be submitted no later than five (5) business days after the last day of the License Period.
Department staff will distribute copies of the documentation to all appropriate City
personnel to determine whether any damage has been done to the Licensed Premises.
XI. Minimizing Impact on Vegetation
a. TRA is authorized to remove trees from the Park as represented and set forth in
Exhibit E and shall pay to the City a tree mitigation fee of Eighty-three thousand two
hundred dollars US. ($83,200.001 due and payable to the Department prior to commencing
any use of the Licensed Premises under this Agreement. TRA shall not cut, remove or
damage any other trees on the Licensed Premises except as agreed to otherwise by the
parties.
b. Prior to beginning any construction, TRA shall install perimeter construction
fencing in accordance with any preconstruction plans agreed to by the Director. In
addition, to minimize damage during construction, TRA shall install chain link fencing on
the outside drip line of trees and other vegetation specifically identified by the Director at
a pre-construction meeting and as outlined in accordance with Exhibit E, which is attached
hereto and incorporated herein for all purposes. TRA shall notify the Director once the
perimeter fencing and tree protection measures have been installed and allow the Director
an opportunity to inspect the work before construction begins. The City shall have at least
four (4) business days following the date on which notice is received to conduct its
inspection. TRA may begin construction on or after the third (3`d) business day following
the date on which it provided notice to the City unless the City contacts TRA and identifies
specific issues that render the perimeter fencing or tree protection measures unacceptable.
C. TRA shall ensure that tree protection fencing remains in place throughout the
License Period or any extended License Period. At no time shall any tree be damaged or
removed except as allowed herein. If any other tree within the Park is damaged in
connection with TRA's operations,TRA agrees to undertake remediation efforts, including
paying of remediation costs, in accordance with Exhibit R, which is attached hereto and
incorporated herein for all purposes. Any fencing shall remain in place until such time as
the Licensed Premises are restored pursuant to the terms of this Agreement.
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XII. Minimizing Impact on Utilities
a. TRA acknowledges the existence of City-owned utilities in the Park and Licensed
Premises (including, but not limited to, waterlines, sewer lines, and storm drains) and
covenants and agrees to install protective matting over such utilities in accordance with
any preconstruction plans agreed to by the Director, which agreement shall not
unreasonably be withheld, and in compliance with specifications approved by the City's
Water Department. Following installation of the matting, TRA shall contact the Water
Department(John Lopez or other designated representative) for inspection and approval.
b. TRA shall provide the Department with a copy of the matting specifications and
the Water Department's inspection report within twenty-four (24) hours of receiving the
report from the Water Department and prior to mobilization of pipeline construction
equipment in the Park. TRA may begin construction after the date on which it provided
the inspection report and specifications to the Department unless the Department contacts
TRA and identifies specific issues that render the measures unacceptable.
XIII. Restoration of Improvements
To the extent any road,curb, gutter, irrigation system, utility line, barricade, fence,or other
improvement is destroyed, removed, or altered in connection with TRA's activities under
this Agreement, as determined in the sole reasonable discretion of the Director, TRA shall
reconstruct and restore such improvement in a good and workmanlike manner to a
condition that is equal to or better than the one in which such improvement existed as of
the date this Agreement is fully executed, as evidenced by the pre-installation video
required under Section X of this Agreement. Any restoration required under this section
must be completed by TRA and inspected and approved by the Director prior to the
expiration of the License Period or the License Period will be extended per Section II.
XIV. Restoration of Surface of Licensed Premises
To the extent any portion of the surface of the Park, including both the Licensed Premises
and Easement, is damaged or disturbed in connection with TRA's activities under this
Agreement, as determined by the Director in his sole reasonable discretion, TRA shall
restore the surface of the Licensed Premises by: (i) aerating the soil using a heave-action
aerator with six-to-eight inch tines to address compaction caused during the use of the
Licensed Premises; (ii) replanting and reseeding with Common Bermuda grass in
accordance with the seeding specifications outlined in the attached Exhibit F; and (iii)
watering the replanted and reseeded areas as needed until the replacement vegetation is
reasonably established and has been approved and accepted by the Director. Prior to
planting, TRA shall provide the Director with documentation certifying the type and
quality of the materials to be planted. The Director may, in exercise of reasonable
discretion, reject any plant material that does not meet the requirements of this section or
Exhibit F or is otherwise unacceptable for one or more specific, clearly identified reasons.
Any restoration required under this section must be completed by TRA in compliance with
the specifications set forth in this section and the attached exhibits and inspected and
approved by the Director, which approval shall not be unreasonably withheld, prior to the
expiration of the License Period or the License Period will be extended per Section II.
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XV. Discretionary Limited Access to Care for and Establish Vegetation
a. TRA may request limited access to the Licensed Premises to water, care for, and
establish replacement vegetation required under Section XIV ("Limited Access"). A
request for Limited Access must be made in writing and delivered to the Department at
least one month prior to the expiration of the License Period or extended License Period.
Replacement vegetation or seed must be in place at the time the request is made.
b. Director may, in its reasonable discretion, authorize Limited Access for a period
not to exceed two weeks from the expiration of the License Period or extended License
Period. During the Limited Access period, no TRA materials or equipment may remain on
the Licensed Premises with the exception of irrigation directly involved in irrigation and
temporary fencing used to protect areas being restored. TRA's use of the Licensed
Premises under Limited Access in accordance with this Section shall not invoke any
additional extended License Period beyond that which already exists at the time that
Limited Access is granted.
XVI. Liability; Indemnification.
a. TRA agrees to pay City for all damages suffered or incurred by City, either directly
or indirectly, as a result of any operations on or from the Licensed Premises conducted for
or by TRA, its agents, employees or representatives, including all damage or injury to
standing or fallen timber, buildings,fences,equipment,and all other property, whether real
or personal. TRA warrants against any slumping or settling as it relates to the work within
the Park related to TRA's installation of the sewer line or the uses permitted herein and
agrees to pay City for all damages related to such slumping, settling, or both.
b. SUBJECT TO THE LIMITATIONS OF TEXAS LAW, TRA COVENANTS
AND AGREES TO AND DOES HEREBY INDEMNIFY,HOLD HARMLESS,AND
DEFEND, AT ITS OWN EXPENSE, CITY, ITS OFFICERS, SERVANTS AND
EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR
PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR
CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF THE
ACTS OR OMISSIONS OF TRA, ITS OFFICERS, AGENTS, EMPLOYEES,
SUBCONTRACTORS,INVITEES,LICENSEES, VOLUNTEERS,OR PROGRAM
PARTICIPANTS. TRA LIKEWISE COVENANTS AND AGREES TO,AND DOES
HEREBY, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST
ANY AND ALL INJURIES, DAMAGE, LOSS, OR DESTRUCTION TO
PROPERTY OF CITY DURING THE PERFORMANCE OF ANY OF THE TERMS
AND CONDITIONS OF THIS AGREEMENT. HOWEVER, THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH SHALL NOT EXTEND TO ANY
LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR
ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS,
AND,IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH
TRA AND THE CITY, RESPONSIBILITY AND LIABILITY, IF ANY, SHALL BE
APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF
THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A
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WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER
PROVIDED BY THE LAWS OF THE STATE OF TEXAS.
C. TRA covenants and agrees that City shall no way or under any circumstances be
responsible for any property belonging to TRA, its members, employees, agents,
contractors,subcontractors, invitees,licensees,or trespassers that may be stolen,destroyed,
or in any way damaged, and TRA hereby indemnifies and holds harmless City from
any and all such claims. City does not guarantee police protection and will not be liable
for any loss or damage sustained by TRA, its members, employees, agents, contractors,
subcontractors, invitees, licensees, or trespassers on any of the Premises.
d. TRA agrees that City shall not be liable for any loss, injury or damage whatsoever
suffered or incurred by TRA or TRA's agents, employees or representatives while on the
Licensed Premises.
e. All of the obligations set forth above are subject to the limitations of state law and
subject to any defenses or immunities TRA may possess.
XVII. INSURANCE
a. Duty to Acquire and Maintain
TRA shall cause its contractor to procure and maintain at all times, in full force and
effect, a policy or policies of insurance to provide coverages of the types and amounts
specified herein, naming the City as an additional insured and covering all public risks
related to the use, occupancy, condition, maintenance, existence, or location of the Park
and the construction, installation, operation, maintenance, repair, reconstruction, or
condition of the pipeline. The insurance required hereunder may be met by a
combination of self-insurance and primary and excess policies. TRA shall provide proof
of all requirements stated herein to the City prior to beginning any work pursuant to this
Agreement.
b. Types and Amounts of Coverage Required
1. Commercial General Liability:
i. $5,000,000.00 per occurrence, including coverage for the following:
(i)Premises Liability; (ii) independent contractors; (iii)products/completed
operations; (iv) personal injury; (v) contractual liability; (vi) explosion,
collapse, and underground property damage
2. Property Damage Liability:
i. $5,000,000.00 per occurrence
3. Umbrella Policy
i. $5,000,000.00
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4. Environmental Impairment Liability (EIL) &/or Pollution Liability
i. $5,000,000 per occurrence
ii. $10,000,000 aggregate
5. Automobile Liability:
i. $1,000,000.00 per accident, including, but not limited to, all owned,
leased, hired, or non-owned motor vehicles used in conjunction with the
rights granted under this Agreement
6. Worker's Compensation:
i. As required by law
7. Employer's Liability:
i. $1,000,000.00 per accident
c. Revisions to Required Coverage
At the reasonable recommendation of the City's Risk Manager,the City may at any
time revise insurance coverage requirements and limits required by this Agreement.
TRA agrees that within thirty (30) days of receipt of written notice from the City,
TRA will implement all such revisions requested by the City. Policies shall not
have exclusions that nullify or alter the required lines of coverage, or decrease the
limits of said coverages required by this Agreement, unless such endorsements are
approved in writing by the City. The policy or policies of insurance shall be
endorsed to provide that no material changes in coverage, including,but not limited
to, cancellation, termination, non-renewal, or amendment, shall be made without
thirty(30) days' prior written notice to the City.
d. Underwriters and Certificates
TRA shall procure and maintain its insurance with underwriters who are authorized
to do business in the State of Texas and who are acceptable to the City in terms of
solvency and financial strength. Within ten (10) business days following execution
of this Agreement, TRA shall furnish the City with certificates of insurance signed
by the respective companies as proof that it has obtained the types and amounts of
insurance coverage required herein. In addition, TRA shall, on demand, provide
the City with evidence that it has maintained such coverage in full force and effect.
e. Deductibles
Deductible or self-insured retention limits on any line of coverage required herein
shall not exceed $1,000,000.00 in the annual aggregate unless the limit per
occurrence or per line of coverage, or aggregate is otherwise approved by the City.
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f. Waiver of Subrogation
TRA shall require any of its contractors' worker's compensation policies to contain
a waiver of subrogation endorsement in favor of the City.
g. No Limitation of Liability
The insurance requirements set forth in this section and any recovery by the City of
any sum by reason of any insurance policy required under this Agreement shall in
no way be construed or affected to limit or in any way affect TRA's liability to the
City or other persons as provided by this Agreement or law.
XVIII.Prohibition Against Liens
TRA shall not do any act or make any contract that may be purported to create or be the
foundation of any lien on or any interest in the Licensed Premises or the Park. Any such
act, contract, or lien attempted to be created shall be void. Should any purported lien on
the Licensed Premises be created or filed, TRA shall, at its sole expense, liquidate and
discharge same within ten (10)business days after notice from the City to do so.
XIX. Notices
All notices required or permitted under this Agreement shall be conclusively determined
to have been delivered when (i) hand-delivered to the other party, its agent, employee,
servant, or representative, or (ii) received by the other party by reliable overnight courier
or United States Mail,postage prepaid,return receipt requested, at the address stated below
or to such other address as one party may from time to time notify the other in writing.
To THE CITY: To TRA:
Director Manager
Parks and Community Services Construction Management Services
City of Fort Worth Trinity River Authority of Texas
4200 South Freeway, Ste 2200 5300 S. Collins
Fort Worth, Texas 76115 Arlington, Texas 76018
With a copy to:
Department of Law
City of Fort Worth
Attn: City Attorney
1000 Throckmorton
Dallas, Texas 75201
Fort Worth, Texas 76102
Interlocal Agreement for Chadwick Farms Park 12 of 51
XX. Independent Contractor
It is expressly understood and agreed that TRA shall operate as independent entity in each
and every respect hereunder and not as an agent, representative, or employee of the City.
TRA shall have the exclusive control and the exclusive right to control all details and day-
to-day operations and activities relative to operation of TRA and installation of the pipeline
and shall be solely responsible for the acts and omissions of its officers, agents, servants,
employees, contractors, subcontractors, licensees, and invitees. TRA acknowledges that
the doctrine of respondeat superior shall not apply as between the City and TRA, its
officers, agents, servants, employees, contractors, subcontractors, licenses, and invitees.
Nothing contained in this Agreement shall be construed as the creation of a partnership or
joint enterprise between the City and TRA.
XXI. Prohibition Against Assignment
TRA may not sell, assign, or otherwise transfer any of its rights or obligations under this
Agreement without the prior, written consent of the City. Any such attempted assignment
without the City's consent shall be void.
XXII. Compliance with Laws and Regulations
a. In operating under this Agreement, TRA agrees to comply with all applicable
federal, state, and local laws, regulations, and ordinances, including all City ordinances,
charter provisions, and rules, regulations, and requirements of the City's Police, Fire, Code
Compliance, Transportation and Public Works, and Health Departments.
b. TRA will not knowingly do or suffer to be done anything on said Licensed Premises
during the terms of this Agreement in violation of the laws, statutes, ordinances, rules,
regulations, charter provisions, directives or requirements referenced in this Agreement. If
the City calls the attention of TRA to any such violation on the part of said TRA or any
person employed by or admitted to said Licensed Premises by TRA,TRA will immediately
(or otherwise as soon as reasonably possible)desist from and correct such violation and/or
vacate the Licensed Premises.
XXIII.Taxes
TRA acknowledges and agrees that it shall be solely responsible for paying all taxes
assessed or imposed by any governmental entity in connection with the construction,
installation, operation, maintenance, repair, or reconstruction of the pipeline and with the
use of the Licensed Premises or other City property related to activities within the scope of
this Agreement.
XXIV.Force Majeure; Homeland Security
If either party is unable, either in whole or part, to fulfill its obligations under this
Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of
public enemies; wars; blockades; insurrections; riots; epidemics; public health crises;
earthquakes; fires; floods; restraints or prohibitions by any court, board, department,
Interlocal Agreement for Chadwick Farms Park 13 of 51
commission, or agency of the United States or of any state;declaration of a state of disaster
or of emergency by the federal, state, county, or City government in accordance with
applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the
United States Department of Homeland Security or any equivalent alert system that may
be instituted by any agency of the United States; any arrests and restraints; civil
disturbances; or explosions; or some other reason beyond the party's reasonable control
(collectively, "Force Majeure Event"), the obligations so affected by such Force Majeure
Event will be suspended only during the continuance of such event. If a Force Majeure
Event occurs, the City may, in its sole discretion, close or postpone the opening of its
community centers, parks,or other City-owned and operated properties and facilities in the
interest of public safety and operate them as the City sees fit.
XXV. Headings
The section headings contained herein are solely for convenience in reference and are not
intended to define or limit the scope of any provision of this Agreement.
XXVI.Choice of Law; Venue
This Agreement shall be governed by and construed in accordance with the laws of the
State of Texas. If any action, whether real or asserted, at law or in equity, arises on the
basis of any provision of this Agreement, venue for such action shall lie in state courts
located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas - Fort Worth Division.
XXVII. Governmental Powers
It is understood and agreed that by execution of this Agreement,the City and TRA do not
waive or surrender any of their respective governmental powers.
XXVIII. Authorization
By executing this Agreement, TRA's agent affirms that he or she is authorized by TRA to
execute this Agreement and that all representations made herein with regard to TRA's
identity, address and legal status (corporation, partnership, individual, etc.) are true and
correct.
XXIX.Entirety of Agreement
This instrument (including all attachments, schedules, and exhibits attached hereto)
constitutes the entire understanding and agreement of the City and TRA as to use of the
Licensed Premises and the Park. Any prior or contemporaneous oral or written agreement
is hereby declared null and void to the extent in conflict with the terms and conditions of
this Agreement. This Agreement shall not be amended unless agreed to in writing by both
parties.
By executing this Agreement, TRA agrees to and accepts the terms, conditions and provision
contained herein.
Interlocal Agreement for Chadwick Farms Park 14 of 51
IN WITNESS WHEREOF,the parties hereto have executed this Agreement this 1,9-1k day
of Ice-, 2019 in Fort Worth, Tarrant County,Texas.
Trinity ver Authority of Texas The City of Fort Worth
By: •94 By:
J vin Ward Fernando Costa
General Manager Assistant City Manager
Approve t orm and Legality: Approved as to Form and Legality:
r
By: By: ,4i .
S. Slobodin Matthew A. Nfurray
General Counsel Assistant City Attorney
Vc FONT
ATTE T• AT ST: A.
By.
Howa . Slobodin Mary Kayser
Secretary, Board of Directors City Secretary
�XAS
Contract Authorization -M&C:
M&C L-16156; October 16, 2018
Form 1295: N/A
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.
0"t,C-e�
Name of Employee
WtAmw- —
Tit$
Interlocal Agreement for Chadwick Farms Park 15 of 51
[S 3o 9t )iRd—4 V!-PuU l03 luauia3.2V W'301133ul
LL
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IN
IN
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Ka�d
Exhibit B
Existing Easement
Denton Creek Regional Warstmater System
Henrietta Creek Interceptor Project,Phase I
Parcel#6
SUBSTITUTION EASEMENT AND RIGHT-OF-WAY
THE STATE OF TEXAS §
1 i COUNTY OF'DALtAS
b F^�,�� §§ KNOW ALL MEN BY THESE PRESENTS:
THAT CHADWICK HOLDINGS,LTD.,a Texas limited partne^ship(GRANTOR),for and In ;
conaderation of TEN AND N01100 DOLLARS($10.CO)and other good,end valuable
consAeration to GRANTOR in hand paid by the GRANTEE,TRINITY RIVER AUTHORITY OF
TMS(AUTHORITY},a conservation and reclamation:district created by end funetmning under
Chapter 5IS,Acts of the 54th Legislature of the State of Texas,Regular Session, 1955,as
amended pursuant to Article XVI,Section 59 of the Texas Constitution,with its principal office at
5300 South Collins,Arrington,Tarrant County,Texas 76016,the receipt of which by GRANTOR
is hereby acknowledged,has granted and conveyed,and does by these presents grant and
i convey, unto AU"FIORITY,it suc cmors and assigns,an easement and right-of-way m lay,
const�t, inspect,operate,maintain,repair,replace,charge,add and/or re-nove one or more '
I '
i sanitary sewer pipelines with all ircide.ntal equipment and appurtenances,including,but not '
limited to,above round manhole vents and pipeline unction boxes,and pipeline
� 9 PFe� 1 P� ;
markers/monumems,and the hereinafter described erosion control improvements
(IMPROVEMENTS),(all items collectively hereinafter called FACICTIES),in,on,over,through,
under and across that certain land situated in Dallas County,Texas,more particularly described I
in Exhibit'A',attached hereto and made a part hereof;together with: H-e right of-easonable
1 ingress and eg-ess across GRANTOR'S remaining land,where necessary,to and from the
above-described tract,for the purposes of laying,consVuctirg,inspecting,ope-ating,
maintaining,reoalring•replacing,add'.ng,changing and/or removing said FACILITIES. i I
1 There Is included in this grant the right at any time in the future to lay,constr=!,inspect,
operate,maintain,repair,replace,change,add and/or remove one or more additional tines of
plpe spproxrnately paralel with the first pipeline or pipelines laid by AUTHORITY hereunder,so 1
! long as said future 11ne or lines are within the confines of the metes and bounds description
contained in Exhibit`A",
For erosion control purposes,the ease^nert rights granted and ronveyed herein to the
AUTHORITY shall also include the right at any time in the future to construct,inspect,operate,
ma:ntain,repair,replw e,change,add and/or remove concrete, rock rip rap or other forms of
IMPROVEMENTS to protect AUTHORITY S existing and future FACILITIES located within or
adjacent to creeks,gullies and other natural or rran-made water drainage courses located
within the land area described in Exhibit"A". The need for and design of any IMPROVEME=NTS
are solely within the AUTHORITY'S control and at the AUTHORITY'S discretion. Tt.e
I IMPROVEMENTS shall be constructed within the high-Cow boundaries of said water drainage
courses. The AUTHOR-Y,at its discretion,may grade and slope the banks or wails of the
water drainage courses to facilitate the IMPROVEMENTS'design and iitegrity. The physical
limits of the IMPROVEMENTS shall be entirely confined to the area described in Exhibit-A".
I r ;
I y 'nRFtih'C'�..N''t iFx4v
I y§ S,.'ANM'44faac�h.CAUnTN LLOW
Interlocal Agreement for Chadwick Farms Park 17 of 51
i
In addition to the conveyance of new easements as described herein,this Instrument is also
executed and delivered for 11he purpose of subsfrtuting the terms and conditions and legal
descriptions of that portion of the Easement and Right-of-Way previously conveyed to
AUTHORITY as recorded in Volume 2553,Page 117 of the Deed Records of Denton County, ;
Texas,that is located within the boundaries of the property now owned by GRANTOR
GRANTOR acknowledges that the oons:deratior,paid by AUTHORITY is full and final payment
I for all rights conveyed heroin.
GRANTOR,GRANTOR'S successors and assigrrs,may fully use and enjoy said premises
encumbered by said easement,except that such use and enjoyment shall not hinder,conflict or
j interfere wits the exercise of AUTHORITY'S rights hereunder,and no building,structure or
i reservoir Shall be constructed upcn,under or across the right-of-way and easemen',herein
granted,without AUTHORITY'S written consent;proV.ded further,GRANTOR.GRANTOR'S
t successors and assigns,may wnshuct,dedtca%and mmirltain aci•69S said easernent and right-
; of-way such roads,alloys,parking lots,utjiity lines and fences as w7ff not interfore with the use '
by AUTHORITY cf said easement and right-of-way for the purposes aforesaid. i
AUTHORITY may trim and cut down trees and shrubbery in connection with the constructlan, i
operation.,repair,inspection,change,replacement,maintenance and rernoval of said
FACILITIES described herein,if necessary, i
I
` I AUTHORITY shall clean up and remove all trash and debris,repair and repiace fences and i
Irepair other damages caused by said construction.
The easement rights and privileges herein granted shall be perpotuai,and said rights shall
i constitute covenants running with the land and shall be binding upon and inure to the benefit of
GRANTOR and AUTHORITY,respective:y,and their respective successors and assigns.
l AU'HORITY'S rights hereunder may be assigned in whole or:n part to one or more assignees.
TO HAVE AND TO HOLD the above-described easement and right-of-way and rights
appurtenant thereto unto AUT40RITY,its successors and assigns,until all of said FACILITIES
are declared permaner:tly abandoned by AUTHORITY,In which event said easement and right-
s+ of-way and rights appurtenarrt thereto shall cease and terminate and revert to GRANTOR,
GRANTOR'S successors and assigns.
i GRANTOR hereby binds GRANTOR and GRAN'TOR'S successors ane assigns to WARRANT
and FOREVER DEFEND said easement and right-of-way and rights appurtenant thereto unto
AUTHORITY,its successors and assigns,against every person whomsoever lawfully claiming,
or to claim,the same or any part thereof,
i
It is expressly understood that all rights,conveyances or covenants are herein written,and no
i verbal agreements of any kind shall be binding or recognized or in any way modify this
instrument of conveyance.
I 1
-D^FES:T
3RI61NAL RE,UaU fljft"A
TARRANT X(WTN TEW i
2 SLID NENOE&",OWNTy G,fro
i
i
Interlocal Agreement for Chadwick Farms Park 18 of 51
f EXECUTED this 0 day of .2003.
CHADWICK HOLDINGS,LTD.,
a Texas limited partnership '
By: CHADHOLD PARTNERS,LLC,a Tex"
limited liability company,Its sole general
partner ,
MMC
i
I
i I
FO IK,President
i ( '
R ICK "CONNOR,Manager
i
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HAA G,Manager i
i
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THE STATE OF TEXAS §
COUNTY OF• C -�"" §
Before me,the undersigned authority,on this day personally appeared MARC
FOOTUK,President of CHADHOLD PARTNERS,LLC,a Texas limited liability company,on
behalf of said limited liability company,In its capac,!ly as sole general pvtner of CHADWICK
' HOLDINGS,LTD.,a Texas limited partnership,known to me to be the person whose name is
subscribed to the foregoing instrument,and acknowledged to me that he executed the same for
1 the purposes and consideration therein expressed,in the capacity stated therein and as the act
and deed of sad limited partnership.
i Given under my hand and seal of office on this day of
2003.
y KAh�EH1OC"RA16$21.VIA No ryRublic,Siete of Texas
lily 1{ppl,lap.Hon Ol,>� i
I
(Seal) ikUF AAO Ct-R,;jCT CQP7 31
ONO"171,
';kf+NA.rIFCCFTI FILF7 iR
"ARRANT UOUa'l"i AAS.'
SI ZA)4*HENOFARA.COUNTY CLERY
3
Interlocal Agreement for Chadwick Farms Park 19 of 51
I
s
THE STATE OFT EX Sp g §
COUNTY OF�i §
Before me,the undo.-vgned author*y,on this day personally appeared RODE?RtCK V. II
O'CONNOR,Manager of CHADHOLD PARTNERS,LLC,a Texas limited iabiwy company,on
behalf of said 11-ritted liability company,in its capacity as sole general partner of CHADWICK
HOLDINM LTD.,a Texas limited partnership,known to me to be the person whose name is
subscribed to the foregoing instrument,and acknowledged to me that he executed the same for
the purposes and consideration therein expressed.in the capacity state 9 therein end as tw act
and deed of said limited partnership.
Given under my hand and seat of office on'his 15�'ay of
2003. +.�.a �
1 1VQLM1RIf UC
9147E OF TEASE �`-
IEAJ UEN CRAI6.SELVIA No Public,State of Te �
b y
PCO.Exp.ti'rv,01,2CA
(Seal,,
i
THE STATE OF TEXAS §
COUNTY OF 'V
9
Before me,the undersigned authority,on this day personal.y appeared HARRY UTZIG,
Manager of CHADHOLD PARTNER$,LLC,a Texas limited liability company,on behalf of said
limited liability company,in its capacity as sole genera;partner of CHADWICK HOLDINGS,
LTD.,a Texas limited partnership,known to me to be the person whose name!s subscribed to
the foregoing Instrument,and acknowledged to me that he executed the same for the purposes
and consideration therein expressed,in the capacity stated therein and as tho act and deed or iJ
said limited partnersrip.
Given under my hand and seal of offlce on this ! day of
2003.
I
NOTAIM 1 ,--'_F lJ�Q4 urk6`�
S7AT1:Of TE 041 Nota ubfic,State of Texas
ii
(Sea„) l
n.. Tn.#MJ.,Orif'lEL1 CC9°i><
..P.(,INAL H'TR:*.D FILE”.IN
(�} !4pgA TCO6X'?,'EXX5.
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4
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Interlocal Agreement for Chadwick Farms Park 20 of 51
r PF03SM aSS50MM EXHIBIT'A'
i
3EING a 3375 ere tract Cf II&V in the;saris Medlir Srvef. Abstract No. 830 aid tee c. Raton
Suwey.Abstract M.597,altuabed in the City of Fort 01r.Dente^Carhty.Tema ard heir 8
rn^tinr of tfiert tract conveyed,to Poadke,Lane Pse trva Ltd.by deed recorded in 1b lu s 4V7
Pale 556 of the CeM %mrd5 Of Denton Canty. Taxes'DT70 and oeireg Rom particularly
descrim as fellow
9E6R&W at a Corps orf Engineers Wnrat found,said ncrzv%being tre 82Rhpat c(lrfter of
a tf'a2 of land eornmfey�d to Brw.101M Special Trust try(lied recorded use' OQnty Lieu$File !
MvUr 1CCFW 9&4CC7E ie Mr.said aoferert iso min cn the north lire of a tract of
DWtr'ict Court.and the i�Strati afof said Atica e zko L rd Part-v%Ltd,tre-t.Ond recortw under, Douse B75 of the u6
ThE'WX ftartirg the easba ly Ire of said PnYM Late Partners.Ltd. bract rid tywo,sifg said ract
tf* fol_'7ori
S 0933'29'X a d stance of 883.75 feat to a;Dist:
S 2724'47'1t a dstatta of 1177A3 feat to a paint:
4 32'3424'it a dietenCE o' 1241.78 feet to a Gcirrk
S eS'M7P'K a dfstm of 107828 feet to a 97 ,
i S 01'4330'k a distance of 491.16 feet to a ;Cart in the MAh lire of BaiC RsarrdO Lard
}I PC3xr'S Ltd.L'e t
T S 85'2957'M, alms t!e south lire of said Pa zko Land Partrar LW. trec!.a
ais six C 30.02 feet is a VWAM
I THNI departing tM stoat` litre a'Saw Pancke tend Prtrers.Ltd.tract end treva^ex, sat^ tract
the follaUrq
N 01'4333'E a dstaxa of 5530 6Lt to a point;
N ES'3632'E a distaroe of 10527 feet to a paiftt,
N 312'3474'F a cl snjrxi of 2255.46 feet to a pair
N 27124'47'E a theta of 1184.14 feet to a point
N 89'3329"E a astAve of 9M.41 fact to a point in the fly bre of sett 4wo1a
Lara Partners,-td. tract and tree west lire of said Byrn Naleon Special Test tract
TF9M S 01'3931'K,ahM the eeata l It's of sail Flor a Lard Pwtriarl&Ltd. treC.art.t'w 1
West life of said DM MBIson !pedal Teat tract a dMance of 3D.02 feet to ;Me Pelnt of 3egimUy7
i! and cmteftnim AM&sWv fee:m 3375 arses of lab.w a or, law.
I �
1 I
1gOf
.Searirga are raferancid to the wes; lire oe the WArnKs Lan[Partners,Ltd. tract 14 00•10"13-El
,per deed rernded tr Yoluee 4387,Pale 5% of the Owt Records of Canto)Clxnty.Term
VOLGOE�`Ca1�'NPcSf
sccie- NONE 00 MWMI
JDate t OCT..2001 ! �. w1na+ `
Jab No., 9933 a,
1)raftedr T.J.M. 7
eraseeee.e ee �ill+�aa parMIMM y Checked. R.C.H.
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Interlocal Agreement for Chadwick Farms Park 21 of 51
THE DyFtm fE1,sW18AEpgt.TRUST
C.C.F.Ne. S6-ROO78688
S OO'41' �W ACMAMT I 3OAS
EXISTNG
T.£".A. POMOF t
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COM OF
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CAUSE A MT W 0 R�fGT OOIRT
F1tED 10-10-51
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7?OAWOKE LAND PARTNF7tS, LTD. � ���
s
VOL, 4387• PG. 566 _
rt -D.R.D.C.T.
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MIN."y
SWrFir t
E � TfiACT ^r?uvFAER CF rou5 +
147,QfJ4 ,SQo
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3375 ACPM
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Q� ,k � H.+ENT FOCIMD k
1 t$ ,TP•A � RDANOKE LAND PARTNERS. LTD.
11 � VOL.4387. PO.688
t+Y v1 D.R.D.C.T.
EXISTNG
SEWER LIE I
MA 11SHE �EAf
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Beate we refhrw* m the tit lkv of the Rave Late Pw4ma Ula. Blau a 00•30^13'E)
oma'deed newftd to Vokm a987,Pop 565 of tre[and Rim of Omit*n CMr t.tams
�3�Ol�WBd! scala[ V=100,
M62swL t OCT..Job !2
Jatr No.k 993333
;CNLEMBYA�!—PLAIN�N—iUA4EYONtls
;of
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Interlocal Agreement for Chadwick Farms Park 22 of 51
I ,
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c �4hTE At
to
S 1�4r EXSMMANHOLE
' l�l
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1 *` v LDaei.MANHOL
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am-up ere reia ww m ae neat lire of an k==LW Per am LW. tractaaD'io'i3'
W am.= >n Volo 9W.PW sea or me Deer PAW of Dusan Ou",Tos � Mel,
GoaD ►IN! Scale, 11=100' si,. IrMV74 Sa
11�6Ai��Tr�AT.R. Date r OCT.12001 3
- -� ,lob No.1 9933 Of
vim- VNK�MFW imrnls Draftedi T.J.M. 17
hlseogen�4:sa Gheckedi R.C.H.
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Interlocal Agreement for Chadwick Farms Park 23 of 51
i
F-
30'
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k
30 iI7AC1
� SO. FT
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ROANDKE LAND PARTNERE. LTD. ROAN(KE LARD PARTNERS. LTD.
i VOL. TRD.GPTS. 566 y VOL 0
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6er3r>SS am refwc=tD the umt I"of the Roa)ft LEro PVV4M Ltd.trvlGt 0+00.10.33'D
peed rar-0rOeO 3n Yom 4311.Paye 5M of the Dnd Rxvm of Daunt Dw ty, To= � �PC
scowl V-100,
17 C 00DWNI Date j OCT.,2001
'
M&LIH&L i Soh W.t 9933
o>�tetaY. »t'tAvafeaa—eui<vF�oro Droft"3 T.J.M.i
amt wrap 40-WS Checked, R.O.H.j 7
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Interlocal Agreement for Chadwick Farms Park 24 of 51
MATCH SEB
LUMiSHWr4
30� 9NDO 1R171I'Y II.'1�FTSI aV!lQi6 IS
lEN�. RJ).os., It?
6ADG'.
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GOODWIN� Seals l E•=1a0' 9lra00 0u °"�ntalS a5�*
Job W.s 9933
amn+snu�t-R le+s-aur Draffodi T.J.M. of
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Interlocal Agreement for Chadwick Farms Park 25 of 51
. I
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I.RE a�a$0
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EXISTT.R.A.E
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ROANOKE LAND PARTM UM, LTD.
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VOL.
D.H..D.C.TT. 5-6-6
TRACT
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pr OW rwnrM in ►blur 4397. PW 55E of G* Cmd ik of dent¢Qrmtx. Tex �.y mAtnfr U rty, �
Dgts OCT..2001
;Job No.1 9933
CI\�QL auk puull�-a
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Interlocal Agreement for Chadwick Farms Park 26 of 51
E=WQT R A.
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LTD.,;
VOL. 4397. i i vasa ! a n'
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or
12
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Interlocal Agreement for Chadwick Farms Park 27 of 51
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Interlocal Agreement for Chadwick Farms Park 28 of 51
Denton County
Cynthia Mitchell
County Clerk
Denton,TX 762d2
rb zeas�125A3?
Instrument Number: 2005-125432
As
Recorded On: October OT,2005 Easement
Parties: CHADIMCK HOLDINGS INC Billable Pages:13
To Number of Pages: 15
Comment
Examined and Charged as Follows:"
EaaemaM
7200
Tom Reccmng; MOD
'•"'""'"'�THIS PAGE IS PART OF THE INSTRUMENT
Any proves—nemn~reswtl She Sale,Rental or use of the olesatxW RM PROPERTY
because of calor or rare Q irrrabd and une unser feaaxal law.
File Information: Record and Return To:
Document Number. 2005-125432
Receipt Number 233223 STEWART TITLE
Recorded Date/Time: October 07,2005 03:05P WILL CALL
DENTON TX 76202
User/Station J Robinson-Cash Station 2
THE STATE OF TEXAS)
COUNTY OF DENTON)
r e.nq—tole,"IN.u..wn.m—"04.a.wl.None....o——dawo—
mil boon,WW.w tlary FACMMD 1n n.Oftlel Ihcofft or 0vn%m cawq,roan.
a.late a County Clerk
Denton County,Texas
Interlocal Agreement for Chadwick Farms Park 29 of 51
1 '
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D203310010
TRINITY RIVER AUTHORITY OF TX
PO BOY. 60
DON ROWE LAND RIGHTS
ARLINGTON TY. 7E304
i
—W A R N I N G—THIS IS PART OF 'THE OFFICIAL RECORDF—D O N p T D E S, T R O Y
I N D E X E D -- T A R R A N T C O U N T Y T E X A S
t S U z A N N E H E K D E R S O K --- COUNTY CLERK
j O F F I C I A L R E C E I P T
T O: TRINITY RIVER AUTHOR::TY OF TQC
RECEIPT NO REGIST£R RECD—BY PRINTED DATE TIME
{ 2C3494429 DR91 PM 08/21/2003 13.58 I !
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i INSTRUMENT ?EECD INDEXED Id+L RECVD
1 D203310010 WD 20030821 13:58 CA
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T O T A L DOCUMENTS: 01 F E E S: 29.D0
II
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ANY PROVISION WHICH RESTRICTS THE SALE RENTA:. OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEAB=- UtrDtR FEDERAL LAW.
i
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Interlocal Agreement for Chadwick Farms Park 30 of 51
FliPY,
jArrEST. 3/7,20
N.
Interlocal Agreement for Chadwick Farms Park 31 of 51
Exhibit C
Easement
Interlocal Agreement for Chadwick Farms Park 32 of 51
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE
IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Denton Creek Regional Wastewater System
25HC-1 Relief Interceptor Project
Parcel No. 1
TRINITY RIVER AUTHORITY OF TEXAS
SANITARY SEWER EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
That the CITY OF FORT WORTH, GRANTOR herein, for and in consideration of TEN
DOLLARS and other good and valuable consideration in hand paid by the TRINITY RIVER
AUTHORITY OF TEXAS, a conservation and reclamation district created by and functioning under
Chapter 518, Acts of the 54th Legislature of the State of Texas, Regular Session, 1955, as
amended pursuant to Article XVI, Section 59 of the Texas Constitution, with its principal office at
5300 South Collins Street, Arlington, Tarrant County, Texas 76018, GRANTEE herein, the receipt
and sufficiency of which is hereby acknowledged and confessed, does hereby assign and convey
to GRANTEE a permanent, perpetual, and non-exclusive sanitary sewer easement for the purpose
of installing, constructing, repairing, maintaining, altering, replacing, relocating, rebuilding,
removing, and operating sanitary sewer facilities, and all necessary appurtenances at GRANTEE'S
sole cost and expense (collectively, "Facilities") including erosion control thereto, in, into, upon,
over, across and under those lands in Denton County, Texas, described on Exhibit A ("Property"I,
attached hereto and made a part hereof, together with the right of ingress and egress as may be
reasonably necessary for such purposes, but such rights of ingress and egress shall be limited as
outlined in the paragraphs below. GRANTEE may not 1) replace the Facilities with uses other than
a sanitary sewer line, 2) allow its Facilities to emit excessive odors or gases that would cause the
Property to no longer be used for park purposes or restrict or hinder the use of the Property for
park purposes except as necessary to carry out the rights granted to GRANTEE hereunder to
install, construct, repair, maintain, alter, replace, relocate, rebuild, remove, and operate sanitary
sewer facilities, or 3) alter the Facilities in such a way that changes the use of the surface from the
original placement of surface Facilities without prior written approval from GRANTOR.
GRANTEE'S surface use of the Property and the right of ingress and egress shall be
coordinated with GRANTOR at all times. The Facilities' plans shall be presented to GRANTOR for
review and approval before any construction or activities commence on the Property. Such review
shall be done pursuant to GRANTOR'S responsibilities to protect public parklands under to Texas
Wildlife Code Chapter 26 ("the Code"). If the Code ever ceases to exist, the requirement for park
protection outlined in this paragraph shall remain until such time as the Property is no longer a
park. GRANTOR'S review of plans shall include, but is not limited to, approval of 1) erosion control
methodology, and 2) changes to the Property that may affect the retention pond. GRANTEE shall
be required at all times to restore the surface of the Property and the route used for ingress and
egress in such a manner that is the same or better than existed at the time GRANTEE performs
work on the Property. No trees shall ever be trimmed or removed by GRANTEE without first
notifying GRANTOR in writing and receiving GRANTOR'S permission to trim or remove such tress.
GRANTOR reserves the right to inspect construction or activities on the Property at any time.
GRANTOR'S review and approval required under this paragraph will be provided in a timely
manner and will not unreasonably delay GRANTEE'S work within the Property.
Subject to the foregoing paragraph, GRANTOR covenants and agrees that GRANTEE shall
have at its sole cost and expense 1) the right to excavate and fill and to control the excavation and
fill upon said Property and to remove from said Property any fences, buildings or other obstructions
as may now be found upon said Property together with the right of ingress and egress over
GRANTOR'S adjacent lands to or from public right-of-way for the purpose of constructing,
improving, reconstructing, repairing, inspecting, maintaining and removing said Facilities; 2) the
right to prevent possible interference with the operation of said Facilities and to remove possible
hazards thereto; and 3) the right to prevent the construction within the Property of any building,
utilities, structure or other obstruction, including the planting of trees, which may endanger or
interfere with the efficiency, safety and convenient operation of said Facilities. Any activities
performed on the Property by GRANTEE or its contractors or subcontractors shall at no time cause
impounding of water on GRANTOR'S adjacent property. GRANTEE agrees that it will comply with
all laws applicable to the Property and require its contractors and subcontractors to carry insurance
at state required minimums.
GRANTOR, for itself and on behalf of the public or any of GRANTOR'S successors and
assigns, reserves the right to continue to use and enjoy the surface and subsurface of the Property
for all purposes that do not unreasonably interfere with or interrupt the use or enjoyment of the
Property by GRANTEE for its Facilities. GRANTOR, as owner of the Property, and for the benefit
of any subsequent grantees of Grantor, reserves the right to place, construct, operate, and repair
sidewalks; trails; utilities, such as electrical, sewer, water, etc.; light poles, and related surface
appurtenances on the Property and agrees that GRANTOR'S use of the Property for these
purposes shall not unreasonably interfere with GRANTEE'S Facilities or the GRANTEE'S rights
granted hereunder to install, construct, repair, maintain, alter, replace, relocate, rebuild, remove,
and operate sanitary sewer facilities. Utility crossings of the type described in the preceding
sentence shall cross any pipeline constructed by GRANTEE between a 45-degree and 90-degree
angle, and maintain a minimum of 24-inches separation from any pipeline constructed by
GRANTEE. For the avoidance of doubt, GRANTEE shall be responsible at its sole cost and
expense to restore any of GRANTOR'S improvements made on the PROPERTY in accordance
with this section should GRANTEE'S use of the Property require damage to GRANTOR'S
improvements.
GRANTOR hereby reserves to GRANTOR, GRANTOR'S successors and assigns, all
mineral interests, whether metallic or nonmetallic, whether similar or dissimilar, whether known or
unknown, currently owned by GRANTOR in, on and under and that may be produced and saved
from the Property or acreage pooled or unitized therewith, and the full and exclusive executive
rights to execute leases in connection therewith. GRANTOR expressly waives all rights to use the
surface of the Property for purposes of drilling or extracting mineral interests; provided, however,
that nothing herein shall prohibit or in any manner restrict the right of GRANTOR to extract oil, gas
or other minerals from and under the Property by directional drilling or other means that do not
unreasonably interfere with or disturb the surface of the Property or GRANTEE'S use of the
Property.
This conveyance is made by GRANTOR and accepted by GRANTEE subject to any and all
existing easements, covenants, rights-of-way, conditions, restrictions, outstanding mineral interests
2
and royalty interests, if any, relating to the Property, to the extent, and only to the extent, that the
same may still be in force and effect, and either shown of record in the office of the County Clerk of
the County in which any part of the Property is located, or that may be apparent on the Property.
The permanent, perpetual, and non-exclusive easement herein granted shall run with the
land and forever be a right in and to the land belonging to said GRANTOR, its successors and
assigns. The permanent, perpetual, and non-exclusive easement granted herein is personal to
GRANTEE and is for GRANTEE'S sole use and is not appurtenant to any other tract of land.
Except for use by GRANTEE'S contractors or subcontractors, GRANTEE will not have the right to
lease or otherwise permit the use of the Property by any other person or entity, nor assign any of
the rights, privileges, duties or obligations of GRANTEE hereunder, without in all cases the prior
written consent of GRANTOR.
TO HAVE AND TO HOLD the above-described permanent, perpetual, and non-exclusive
easement, with the right of ingress and egress as outlined, together with all and singular the rights
and appurtenances thereto, anywise belonging unto the said GRANTEE, its successors and
assigns forever, subject to existing matters of record; and GRANTOR does hereby bind itself, its
successors and assigns, to warrant and to forever defend all and singular the premises unto the
GRANTEE, its successors and assigns, against every person whomsoever lawfully claiming or to
claim same or any part thereof, except as to the reservations from and exceptions to conveyance
as described herein, by, through, or under GRANTOR, but not otherwise.
WITNESS MY HAND this the /19& day of ZanAdw, , 20'(x(,.
CITY OF FORT WORTH
Name Printed: Fernando Costa
Title: Assistant City Manager
Jess►ca Sanrang,
OFFICIAL RECORD
3 CITY SECRETARY
FT. WORTH,TX
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority on this day personally appeared Fernando Costa,
Assistant City Manager, of the CITY OF FORT WORTH, a Texas municipal corporation, known to
me to be the person whose name is subscribed to the foregoing instrument and acknowledged to
me that the same was executed for the purposes and consideration therein expressed, and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 Ci day of
rU2Cq
ota y Public in and for t e
State of Texas
LINDA M.HIRRLINGER
y. b= My Notary ID#124144746
*r' Expires F"ary 2,2022
OFFMAL RECORD
4
Cin'SECRETARY
FT WORTH,7X
EXHIBIT"A"
DENTON CREEK REGIONAL WASTEWATER SYSTEM
25HC-1 RELIEF INTERCEPTOR PROJECT
PARCEL NO,1-PSSE
PERMANENT SANITARY SEWER EASEMENT
IN THE FRANKLIN HUSTON SURVEY,ABSTRACT NUMBER 597
IN THE CITY OF FORT WORTH,DENTON COUNTY,TEXAS
BEING a 0.3145 acre permanent sanitary sewer easement situated in the Franklin Huston Survey,Abstract
Number 597,and in the City of Fort Worth,Denton County,Texas,and being part of that 39,190 acre tract
of land dedicated to the City of Fort Worth as a public park and as Lot 1X, Block 27,Chadwick Farms
Addition,in said City of Fort Worth,as shown on plat thereof recorded in Document Number 2009-217 of
the Official Records of Denton County,Texas(O.R.D.0-T.),and being part of that tract of land described in
General Warranty to The City of Fort Worth,Texas,as recorded in Instrument Number D209304201 of the
Official Records of Tarrant County,Texas(O.R.T.C.T.),and being more particularly described as follows:
COMMENCING at the southeasterly ell corner of said City of Fort Worth park tract from which a 3-inch
brass disk monument stamped"U.S.ARMY CORPS OF ENGINEERS MON#F512-8"bears South 74 degrees
08 minutes 18 seconds East,a distance of 1.11 feet,said corner being the northwest corner of that tract
of land described as Tract No.F-512 A in judgment to United States of America,as filed in District Court
of the United States for the Fastern District of Texas,Sherman Division,Civil No 675;
THENCE North 89 degrees 37 minutes 29 seconds West,over and across said City of Fort Worth park tract,
a distance of 424.00 feet to a 1/2-inch iron rod set with yellow cap stamped"GLD" for corner and the
POINT OF BEGINNING of the herein described tract of land and having a grid coordinate of
N=7,054,591.70 feet,E-2,348,251.55 feet,said iron being on a south line of a 30 foot wide Sanitary Sewer
Lasement as recorded 1n Instrument Number D203310010,O.R.T.C.T.;
THENCE South 27 degrees 24 minutes 51 seconds West,departing said south easement line,a distance of
474.44 feet to a 112-inch iron rod set with yellow cap stamped"GLD"on the south line of said City of Fort
Worth park tract and the north line of Lot 2x, Block 27,of Chadwick Farms Addition,in the City of fort
Worth,as shown on plat thereof recorded in Document Number 2011-50,O.R.D.C.T.,said iron rod being
in Elizabeth Creek;
THENCE North 29 degrees 11 minutes 51 seconds West,with said south line and said north line,a distance
of 35.93 feet to a 1/2-inch iron rod set with yellow cap stamped"GLD"for the southwest corner of the
herein described tract of land,said carrier being on an east line of the aforementioned 30 foot Sanitary
Sewer Easement and in Elizabeth Creek;
THENCE North 27 degrees 24 minutes 51 seconds East,departing said south line and said north,and with
the east line of said 30 foot Sanitary Sewer Easement,if distance of 438.82 feet to a 1/2-inch iron rod set
with yellow cap stamped"GLD°for the northwest corner of the herein described tract of land,said iron
rod being on an ell corner of said 30 foot Sanitary Sewer Easement;
Page t of t
5456-Id-tri 1-p&w.9Uu 41/20,12016
Interlocal Agreement for Chadwick Farms Park 33 of 51
EXHIBIT"A"
DENTON CREEK REGIONAL WASTEWATER SYSTEM
25HC-1 RELIEF INTERCEPTOR PROJECT
PARCEL NO.1-PSSE
PERMANENT SANITARY SEWER EASEMENT
IN THE FRANKLIN HLISTON SURVEY,ABSTRACT NUMBER 597
IN THE CITY OF FORT WORTH,DENTON COUNTY,TEXAS
THENCE North 89 degrees 33 minutes 33 seconds East,with the aforementioned south line of said 30 foot
Sanitary Sewer Easement,a distance of 33.93 feet to POINT OF BEGINNING and CONTAINING 13,699
square feet or 0,3145 acres of land,more or less.
NOTE:All bearings and coordinates are referenced to the Texas Coordinate System,NAD 83,North Central
Zone 142021, based on Halff Control Point No, 94(N=7052379,4155, E=2352092.4677)for City of Fort
Worth Litsey Road Improvements and TRA Henrietta Creek Interceptor Segment 25HC1.The surface scale
factor for this project is 1.00015$27199(Project Scale Factor per Halff Associates), distances and area
shown are surface values in US.Survey Feet,
SURVEYORS CERTIFICATE
To all parties interested in title to the premises surveyed. I do hereby certify that the above legal
description was prepared from public records and from an actual and accurate survey upon the
grounds and that same is true and correct
July 15,2015
Garcia Land Data, Inc.
/
By: FENT �"sA�t�iAS
.. ._.'
r;
Rene M.Salinas `-.�7tr„S•°.-q.
Registered Professional Land Surveyor
Texas No.6093
Page 1 of 3
ycsE-idaroi-arse tint. 04/20/2016
Interlocal Agreement for Chadwick Farms Park 34 of 51
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TRINITY RNER ALffHOR TY OF TEXAS
5300 SOUTH COLLINS P.O. BOX BO ARLINGTON, TEXAS 76004 r
25fiC-1 RELIEF WERCEPTOR PROXCT
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PCEL NO. 1-PSSE _ PER
ARM/ANENT $ANlTARY SEINER EASEMENT = 7�• •• •=
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OWNER! CITY OF FORT WORTH r-•
SURVEY:FRANKLIN HUSTON SURVEY, ABSTRACT NO. 597
LOCATION: CITY OF FORT WORTH. DENTON COUNTY, TEXAS_________ l�44 SS VE�p�
EASEMENT ACQUISITION ACREAGE; 0,699 S0. FT. OR 0.314$ ACRES
WHOLE PROPERTY ACREAGE: 39.190 AC. (DEED)
JOB ND-54SO ORAYIN BY: LW -f)WPOst.DVc RENE M. %1KAS$SidUL
j DATE, AML 20, 20% PAGE 3 OF 3 SCALE= r- Mo. TEXAS NO. OOPS
LAND SURVEYOR
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Interlocal Agreement for Chadwick Farms Park 35 of 5l
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Exhibit E
DAMAGE TO CITY TREES
NO PRUNING OF ANY CITY TREE SHALL BE PERMITTED, UNLESS SPECIFIED
OTHERWISE IN THESE SPECIFICATIONS. Severe damage to trees will result in replacement or
compensation of trees by the TRA. Failure to replace damaged trees shall be considered a breach of
contract and TRA shall be assessed for damages. Slight or moderate damage to trees will result in
assessment of damages.
ASSESSMENT OF DAMAGES TO TREES
l.l I. TRA will check trees in the Licensed Premises before contract work begins, any damage
will be noted and reported to the Director.
1.2. The Director may conduct random checks of the trees during the License Period.
1.3. A check of all trees may be made at the end of the License Period. The City Forester,
Director, and TRA will attend the inspection.
1.4. Damages shall be documented by memo to the City Forester with copy to contract file and
the Contractor.
1.5. TRA may have the option of replacement or payment for severely damaged trees at a
location to be designated by PACS. Replacement shall be made on caliper inch per caliper
inch basis with a minimum size of replacement tree of 2" in caliper for trees damaged or
removed less than 30" diameter at breast height (DBH) and 2" per inch on trees 30" DBH
or greater. TRA shall be responsible for any planting, watering, mulching and maintenance
of replacement trees for a period of not less than 2 years. TRA shall compensate the City at
a rate of$200 per caliper inch for any tree that does not survive the 2 year establishment
period.
1.6. Slight Damage shall be defined as damage, in the opinion of the City Forester,that may heal.
Examples include,but are not limited to, scaring of the trunk into the cambial layer 1/2"to 2"
in width but less than 1/3 trunk circumference or breaking of limbs less than 2" in diameter
or limbs less than 1/3 trunk caliper, whichever is less. Slight damage shall also include
removal or lying down of protective tree fencing prior to the end of construction, storing
equipment or supplies within the critical root zone (CRZ), or disposing of paint or concrete
within the CRZ but not closer to the trunk than 50% radius of the CRZ. Slight damage to
trees shall be assessed at a rate of$100.00 for each instance.For each day that tree fencing is
not properly placed, equipment or supplies are stored within CRZ, or fill is stored within the
CRZ, shall be considered one instance.
1.7. Moderate damage shall be defined as damage, in the opinion of the City Forester, that
contributes to the poor health and reduced longevity of the tree, and examples include, but
are not limited to, scaring of the trunk into the cambial layer greater than 2"but less than 1/3
of the trunk circumference or breaking of limbs more than 2" in diameter but less than 1/3
trunk caliper. Moderate damage shall also include compaction of soil, grading or filling in
Interlocal Agreement for Chadwick Farms Park 41 of 51
20%of the CRZ on one of four sides but outside the 50%radius of the CRZ, or disposing of
paint or concrete within 50% radius of the CRZ. Moderate damages shall be calculated at a
rate of /2 the assessed value of the tree per each instance of damage.
1.8. Severe damage or removal of trees is subject to a penalty of$200 per diameter inch of trees
removed or damaged for trees less than 30" DBH and $400 per diameter inch of trees 30"
DBH or greater. Severe damage or removal shall include,but is not limited to, scaring of the
trunk to the cambial layer greater than 1/3 the trunk circumference, uprooting or causing a
tree to lean, or damage to a scaffolding branch or branch greater than 1/3 of trunk caliper.
Severe damage shall also include compaction of soil,grading or filling more than 20%of the
CRZ, or within 50% radius of the CRZ or on more than one of 4 sides. Cutting 1/3 of the
buttress roots within 3 times the distance of the DBH of the trunk, or cutting 4 roots 4" or
greater in diameter within 4' of the trunk shall also be considered severe damage.
1.9. Branches shall be measured at the point of attachment or at the lateral to which the branch
would be pruned back to according to ANSI standards. Trees caliper shall be measured
according to accepted industry standards. Trees greater than 6" in caliper shall be measured
using DBH. Trees that must be removed due to damage caused by TRA shall be removed
by the Department's Forestry Section Tree Removal Contractor at TRA's expense.
l.l 0 All damages shall be paid to the City Tree Fund. Failure to replace or pay for damaged trees
shall result in a breach of contract and TRA will be automatically assessed damages. Damages
as described herein shall be deducted from payments otherwise due to TRA.
1.11 Remediation costs assessed hereunder constitute contractual damages intended to
compensate the City, as property owner, and have no bearing on whether or to what extent
any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning
Ordinance.
Interlocal Agreement for Chadwick Farms Park 42 of 51
Exhibit F
SECTION 02930- SEEDING
PART 1 - GENERAL
1.01 DESCRIPTION
A. Work Included: Seeding of grass seed or wildflower seed, as specified on the
plans.
B. Related Work Specified Elsewhere: Section 02300, Earthwork.
1.02 REFERENCE STANDARDS
A. Standardized Plant Names
1. For exotic plant materials: American Joint Committee of Horticultural
Nomenclature, Second Edition, 1942.
2. For native materials
a. Manual of the Vascular Plants of Texas by Correll and Johnston
b. Check List of Vascular Plants of Texas by Hatch
c. Flora of North Central Texas by Shinners and Moller
B. Texas Highway Department: Standard Specifications for Construction, Item 164,
"Seeding for Erosion Control"and Item 180, "Wildflower Seeding".
1.03 SUBMITTALS
A. Seed
I. Vendors' certification that seeds meet Texas State seed law including:
a. Testing and labeling for pure live seed (PLS)
b. Name and type of seed
2. If using native grass or wildflower seed, seed must have been harvested
within one hundred (100) miles of the construction site.
3. All seed shall be tested in a laboratory with certified results presented to the
City, in writing, prior to planting.
4. All seed to be of the previous season's crop and the date on the container
shall be within twelve months of the seeding date.
5. Each species of seed shall be supplied in a separate, labeled container for
acceptance by the City.
B. Fertilizer
1. Unopened bags labeled with the analysis
2. Conform to Texas fertilizer law
1.04 JOB CONDITIONS
Interlocal Agreement for Chadwick Farms Park 43 of 51
A. Planting Season: The season varies according to species (see Part 2 - Products).
Do not seed when soil is excessively wet or dry or when wind exceeds ten (10)
miles per hour.
B. Schedule After All Other Construction and planting is complete.
C. Protect and Maintain Seeded Areas
1. From erosion
2. From traffic and all other use
3. Until seeding is complete and accepted
1.05 QUALITY CONTROL
The contractor who plants the seeds, whether the general contractor or a subcontractor, is
responsible for daily supervision of his crew, and for the planting and maintaining of
seedlings until acceptable, viable growth is achieved and the project accepted by the City.
PART 2—PRODUCTS
2.01 MATERIALS
A. Seed
All seed shall be planted at rates based on pure live seed (PLS =purity x
germination) per acre.
Substitution of individual seed types due to lack of availability shall be made only
by the City at the time of planting. The Contractor shall notify the City, prior to
bidding, of difficulties locating certain species. Only those areas indicated on the
plans and areas disturbed by construction shall be seeded. Prior to seeding, each
area shall be marked in the field and approved by the City. Any adjustment of area
location by the City shall be considered incidental and shall not entitle the
Contractor to additional compensation.
Weed seed shall not exceed ten percent(l0%) by weight of the total of pure live
seed (PLS) and other material in the mixture. Johnsongrass and nutgrass seed shall
not be allowed.
The seed shall be clean, dry and harvested within one year of planting.
1. Non-native grass seed shall consist of:
If planted between April 15 and September 10:
Lbs./Acre Common Name Scientific Name Purity
Germination
25 Bermuda(unhulled) Cynodon dactylon 85% 90%
75 Bermuda(hulled) Cynodon dactylon 95% 90%
Interlocal Agreement for Chadwick Farms Park 44 of 51
Substitute the following if planted between September 10 and April 15:
220 Rye Grass Lolium multiflorum 82% 80%
40 Bermuda(unhulled) Cynodon dactylon 84% 85%
2 Native grass seed -The seed shall be planted between February 1 and
October 1 and shall consist of:
Lbs. PLS/Acre Common Name Botanical Name
1.6 Green Sprangletop Leptochloa dubia
5.5 Sideoats Grama* Bouteloua curtipendula
3.7 Little Bluestem* Schizachyrium scoparium
17.0 Buffalograss Buchloe dactyloides
1.8 Indian Grass* Sorghastrum nutans
0.5 Sand Lovegrass* Eragrostis trichodes
6.0 Big Bluestem Andropogon gerardii
8.0 Eastern Grama Tripscacum dactyloides
1.2 Blue Grama Bouteloua gracilis
1.8 Switchgrass Panicum virgatum
10.0 Prairie W ildrye* Elymus canadensis
*These grasses are not to be planted within ten feet of a road or parking lot
or within three (3) feet of a walkway.
3 Wildflower seed - All wildflower seeds are to be hand broadcast, (see
3.02,A). The seed shall be planted between March 5 and May 31 or
between September I and December 1 and shall consist of:
Lbs. PLS/Acre Common Name Botanical Name
3.0 Bush Sunflower Sinsia calva
5.0 Butterfly Weed Asclepias tuberosa
2.0 Clasping Coneflower* Rudbeckia amplexicaulis
3.0 Golden - Wave Coreopsis basalis
13.4 Illinois Bundleflower Desmanthus illinoensis
13.6 Partridge Pea Cassia fasciculata
2.0 Prairie Verbena Verbena bipinnatifida
8.0 Texas Yellow Star Lindheimeri texana
8.0 W inecup Callirhoe involcrata
2.0 Black-eyed Susan Rudbeckia hirta
18.0 Cutleaf Daisy Engelmannia pinnatifida
2.0 Obedient Plant Physostegia intermedia
3.0 Pitcher Sage Salvia azurea
2.0 Plains Coreopsis Coreopsis tinctoria
8.0 Scarlet Sage Salvia coccinea
*These wildflowers are not to be planted within ten feet of a road or
parking lot or within three feet of a walkway.
Interlocal Agreement for Chadwick Farms Park 45 of 51
4. Temporary erosion control seed
When specified on the plans, temporary control measures shall be
performed. These measures shall consist of the sowing of cool season
plant seeds and the work and materials as required in this section.
B. Mulch
1. Mulch should be designed for use with conventional mechanical or
hydraulic planting of seed, either alone or with fertilizer.
2. Mulch should be wood cellulose fiber produced from virgin wood or
recycled paper-by-products (waste products from paper mills or recycled
newspaper).
3. Mulch should contain no growth or germination inhibiting factors.
4. Mulch should contain no more than ten percent (10%)moisture, air dry
weight basis.
5. Additives shall include a binder in powder form.
6. Material shall form a strong moisture retaining mat.
C. Fertilizer
1. All fertilizer shall be delivered in bags or containers clearly labeled
showing the analysis.
2. All fertilizer shall be in acceptable condition for distribution and shall be
applied uniformly over the planted area.
3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate:
a. No fertilizer is required for wildflower seeding.
b. Where applying fertilizer on newly established seeding areas - 100
pounds of Nitrogen per acre.
C. Where applying fertilizer on established seeding areas - 150 pounds
of Nitrogen per acre.
D. Erosion Control Measures
1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or
recycled paper mulch, (see 2.01, B. Mulch and 3.03).
2. For seeding application in areas 3:1 slope or greater, use the following soil
retention blanket(Follow the manufacturer's directions):
"Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box
5624, Arlington, Texas 76001, 1-800-777-SOIL.
2.02 MIXING
Seed, mulch, fertilizer and water may be mixed provided that:
1. Mixture is uniformly suspended to form a homogenous slurry.
2. Mixture forms a blotter-Iike ground cover impregnated uniformly with grass seed.
3. Mixture is applied within thirty (30)minutes after placed in the equipment.
PART 3—EXECUTION
3.01 SEEDED PREPARATION
Interlocal Agreement for Chadwick Farms Park 46 of 51
A. Clear Surface of All Materials, Such As:
I. Stumps, stones, and other objects larger than one inch.
2. Roots, brush, wire, stakes, etc.
3. Any objects that may interfere with seeding or maintenance.
B. Tilling
1. In all compacted areas till one inch (I") deep.
2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide
less seed/water run-off.
3. In areas near trees: Do not till deeper than one half(1/2") inch inside
"drip line" of trees.
C. Water: Shall be furnished by the Contractor as an ancillary cost to the Contract
by the Contractor by means of temporary metering/ irrigation, water truck or by
any other method necessary to achieve viable, acceptable stand of turf as noted in
3.04.13. of this specification. The water source shall be clean and free of industrial
wastes or other substances harmful to the germination of the seed or to the growth
of the vegetation. The amount of water will vary according to the weather
variables. Generally, an amount of water that is equal to the average amount of
rainfall plus one half inch (1/2")per week should be applied until such time 100%
full growth coverage is achieved and one mowing cycle is performed by the
Contractor and accepted by the Owner.
Watering: Soil should be watered to a minimum depth of four inches within forty
eight(48) hours of seeding.
3.02 SEEDING
A. If Sowing Seed By Hand
1. Broadcast seed in two directions at right angles to each other.
2. Harrow or rake lightly to cover seed.
3. Never cover seed with more soil than twice its diameter.
4. For wildflower plantings, scalp existing grasses to one (1") inch, remove
grass clippings, so seed can make contact with the soil.
B. Mechanically Seeding (Drilling):
If mechanically seeding (drilling)the seed or seed mixture, the quantity specified
shall be uniformly distributed over the areas shown on the plans or where
directed. All varieties of seed, as well as fertilizer, may be distributed at the same
time provided that each component is uniformly applied at the specified rate.
Seed shall be drilled at a depth of from one quarter inch to three eighth inch (1/4"-
3/8") utilizing a pasture or rangeland type drill. All drilling is to be on the
contour. After planting, the area shall be rolled with a roller integral to the seed
drill, or a corrugated roller of the "Cultipacker"type. All rolling of slope areas
shall be on the contour.
3.03 MULCHING
Interlocal Agreement for Chadwick Farms Park 47 of 51
A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may
be applied concurrently with fertilizer and seed, if desired.
B. Apply at the following rates unless otherwise shown on plans:
1. Sandy soils, flat surfaces - minimum 1,500 lbs./acre.
2. Sandy soils, sloping surfaces - minimum 1,800 lbs./acre.
3. Clay soils, flat surfaces - minimum 2,500 lbs./acre.
4. Clay soils, sloping surfaces - minimum 3,000 lbs./acre.
5. "Flat" and "sloping" surfaces will be shown on the plans if not visually
obvious.
C. Apply within thirty (30) minutes after placement in equipment. Keep mulch
moist, by daily water application, if necessary:
1. For approximately twenty-one (2 1)days, or
2. Until seeds have germinated and have rooted in soil, (see 3.04.13.2.)and
project has been accepted by the City.
3.04 ESTABLISHMENT, MAINTENANCE AND ACCEPTANCE
A. Includes initial seed and/or sod application and establishment,protection, replanting
as necessary , maintaining grades and immediate repair of erosion damage until the
project receives final acceptance. Refer to Part 2—2.01 —D. for watering
requirements to be executed by the contractor.
B. Initial full coverage turf establishment shall be considered as 100% grow in to a
height of
three (3") inches with one mow cycle performed by the Contractor on all newly
established areas prior to consideration of acceptance by the Owner..
C. Replanting
1. Replant areas where a stand of grass or wildflowers are not present in a
reasonable length of time, as determined by the City.
2. A "stand" shall be defined as:
a. Bermuda/Rye grasses: See 3.04 B
b. Native grass and wildflowers: eighty percent(80%) coverage of
growing plants within seeded area within twenty-one days of
seeding date on a smooth bed free of foreign material and rocks or
clods larger than one inch diameter.
END OF SECTION
Interlocal Agreement for Chadwick Farms Park 48 of 51
SECTION 02930-TURF SODDING
PART1-GENERAL
1.01 DESCRIPTION
s
A. Work Included: This work includes all labor,materials and equipment for soil
preparation,fertilization,planting and other requirements regarding turfgrass sodding a
shown on the plans.
B. Related Work Specified Elsewhere: Section 02300,Earthwork.
1
1.02 REFERENCE STANDARDS
s
a
A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature,
Second Edition, 1942.
B. For native materials
a. Manual of the Vascular Plants of Texas by Correll and Johnston
b. Check List of Vascular Plants of Texas by Hatch
c. Flora of North Central Texas by Shinners and Moller
1.03 SUBMITTALS
Samples,certificates and specifications of sod,fertilizer,compost, soil amendments or other
materials may be requested by the City.
All delivery receipts and copies of invoices for materials used for this work shall be subject to
verification by the City.
1.04 PRODUCT DELIVERY,STORAGE AND HANDLING
A. Sod: Harvesting and planting operations shall be coordinated with not more than forty
eight hours elapsing between the harvesting and planting. I
t
B. Fertilizer
1. Unopened bags labeled with the analysis. s
2. Conform to Texas Fertilizer Law.
1.05 QUALITYCONTROL
The Developer(Contractor who plants the sod is responsible for supervision of his crew,while
planting the sod and maintaining the sod until the project is accepted by the City.
it;RY Sc 01)iNG I
Interlocal Agreement for Chadwick Farms Park 49 of 51
PART2—PRODUCTS
2.01 SOD
A. The sod shall be Buchloe dactyloides("Prairie"Buffalograss)and shall consist of stolons,
leaf blades,rhizomes and roots with a healthy,virile system of dense,thickly matted roots
throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive,
healthy and vigorous and shall be free of insects,disease,stones and undesirable foreign
materials and grasses. Sod shall have been produced on growing beds of clay or clay-loam
topsoil. The sod shall not be harvested or planted when its moisture condition is so
excessively wet or dry that its survival will be affected. If sod is stacked,it shall be kept
moist and shall be stacked roots-to-roots and grass-to-grass.
B. The sod shall be cut in strips four feet wide to be laid parallel with the contours.
2.02 FERTILIZER
A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis.
B. All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area two weeks after sodding.
C. All fertilizer shall have an analysis of 3-1-2 or as designated on the plans. The fertilize
rate shall be 45 pounds of nitrogen per acre.
2.03 WATER
The water shall be famished by the Developer/Contractor and shall be clean and free of industrial
wastes or other substances harmful to the germination of the seed or to the growth of the
vegetation. The amount of water will vary according to the weather variables. Generally,the sod
should be soaked one time per day for three weeks or until established. Soaking is mandatory
after spreading the fertilizer.
2.04 COMPOST
All compost material is to be totally organic and decomposed for at lease nine months. All
compost is to be clean and free of fungus,disease,live plants,seed,excessive cotton lint and any
harmful chemicals. "New Life Soil Conditioner"or"Perms Green Compost",as specified below
or an approved equal,shall be used. Raw organics are not acceptable.
A. For soil with an alkaline pH condition: Use"New Life Acid Gro"(acid pH)soil
conditioner as produced by Soil Building Systems of Dallas,or an approved equal.
B. For soil with an acidic pH condition: Use"Perms Green Compost"by Texas Earth
Resources,Inc.of Dallas,or"New Life Natural Grower"(ph 8.0 to 9.0)by Soil Building
Systems,Inc.,of Dallas.
C. Sample and Specification Submittal: Submit a producer's specification and a quart
sample of the compost proposed for the City's approval.
TURF SODDING
01930
-1-
Interlocal Agreement for Chadwick Farms Park 50 of 51
we
one
PART 3-EXECUTION
~ 3.01 GENERAL
All turfing operations are to be executed across the slope,parallel to finished grade contours.
3.02 SOIL PREPARATION
A. Scarify subgrade to a depth of three inches before depositing the required topsoil.
00 B. Tillage shall be accomplished to loosen the topsoil,destroy existing vegetation and
♦ prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel-
type breaking plow,chisels set not more than ten inches apart. Initial tillage shall be done
in a crossing pattern for double coverage,then followed by a disc harrow. Depth of
tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted
with sod.
C. Cleaning: Soil shall be further prepared by the removal of debris,building materials,
rubbish,weeds and stones larger than one inch in diameter.
D Fine Grading: After tillage and cleaning,all areas to be planted shall be topdressed with
♦ one-half inch compost and then shall be leveled,fine graded,and drug with a weighted
spike harrow or float drag. The required result shall be the elimination of ruts,
depressions,humps and objectionable soil clods. This shall be the final soil preparation
4P step to be completed before planting.
44 3.03 PLANTING
Prior to laying the sod,the planting bed shall be raked smooth to true grade and moistened to a
depth of four inches,but not to the extent causing puddling. The sod shall be laid smoothly,
0 tightly butted edge to edge,and with staggered joints. The sod shall be pressed firmly into the
4P sod bed by rolling or by hand tamping with an approved tamper so as to eliminate all air pockets,
provide a true and even surface,and insure knitting without displacement of the sod or
deformation of the surfaces of sodded areas. Following compaction,compost shall be used to fill
all cracks between sods. Excess compost shall be worked into the grass with suitable equipment
e and shall be well watered. The quantity of compost shall be such that it will cause no smothering
or burning of the grass.
3.04 FERTILIZING
Twenty-one days after planting,turfgrass areas shall receive an application of 3-1-2 fertilizer at
1 the rate of 45 pounds of nitrogen per acre. Water well after application to prevent burning.
*
END OF SECTION
TURF SODDING
02930
Interlocal Agreement for Chadwick Farms Park 51 of 51
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/16/201849
_
DATE: Tuesday, October 16, 2018 REFERENCE NO.: L-16156
LOG NAME: 80CHADWICK FARMS SEWER LINE TRA If
SUBJECT:
Conduct Public Hearing and Authorize Use of Parkland at Chadwick Farms Park for the Installation of a
Public Sanitary Sewer Line with Associated Infrastructure and the Granting of an Easement and Authorize
the Execution of a License Agreement for Temporary Workspace with Trinity River Authority of Texas
(COUNCIL DISTRICT 7)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter
26, Protection of Public Parks and Recreational Lands;
2. Find that no feasible or prudent alternative exists for the use of Chadwick Farms Park for the
installation of public sanitary sewer lines with associated infrastructure;
3. Find that the proposed installation of the public sanitary sewer service lines with associated
infrastructure includes all reasonable planning to minimize harm to the parkland, including that all
infrastructure and equipment will be constructed in Chadwick Farms Park as specified on the attached
exhibits and as noted in the discussion below;
4. Close the public hearing and authorize use of approximately 0.314 acres of dedicated parkland at
Chadwick Farms Park for the proposed public sanitary sewer service lines with associated infrastructure;
5. Authorize an easement to the Trinity River Authority of Texas for a public sewer service line with
associated infrastructure for a total of 0.314 acres at Chadwick Farms Park;
6. Authorize the execution and recording of all necessary documents to complete the conveyance; and
6. Authorize the execution of a License Agreement with the Trinity River Authority of Texas, in the amount
of$58,217.00.
* Chadwick Farms Park- located at 15700 Cleveland-Gibbs Road, located east of Cleveland-Gibbs
Road, and east of the terminus of Chadwick Parkway and Cleveland-Gibbs Road and north of Cirrus
Lane, in Council District 7.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the use of parkland at
Chadwick Farms Park for the installation of public sanitary sewer service lines with associated
infrastructure improvements. This M&C also and authorizes the granting of an easement and a license
Logname: 80CHADWICK FARMS SEWER LINE TRA II Page 1 of 3
agreement with the Trinity River Authority of Texas (TRA).
The Park & Recreation Department (PARD) has been approached by the Trinity River Authority of Texas
(TRA) requesting the use of Chadwick Farms Park (Park) for the installation of public sewer service lines
with associated infrastructure and the granting of an easement on parkland. TRA is also requesting the
execution of a temporary license agreement for workspace associated with the project.
The Trinity River Authority of Texas is a conservation and reclamation district that provides water from
reservoirs facilities, water and waste water treatment within the nearly 18,000 square mile Trinity River
Basin. In order to address increased demands and capacity for northern Tarrant and Denton Counties,
TRA is proposing a new 60-inch sanitary sewer main. This main is projected to eliminate future
development capacity demands within these Counties through the year 2060. The location of the sewer
main was chosen in order to minimize the impacts to the park (see attached exhibit). The park will remain
open during construction.
The proposed sewer main will be installed at a depth ranging from five (5) feet to (15) feet. The proposed
project will encompass approximately 13,699.00 square feet of easement area.
Sewer Infrastructure Width Length Total
(feet) (linear feet) (square feet)
Easement 30 456.63 13,699.00
otal r - F 13,699.00
Staff is recommending as a condition of granting this alignment, that TRA be assessed the standard fee
per acre based on current appraisal values. In this instance, a fee in the amount of$12,579.20 will be
assessed for approximately 0.314 acres of easement area. This assessment is consistent with current
evaluations within the area. An easement agreement will be required for the proposed improvements.
Additionally, TRA has requested the use of 58,217.00 square feet of parkland for 120 days to serve as a
temporary workspace in connection with the construction of the proposed sewer main. TRA will be
charged a mitigation fee of$1.00 per square foot of temporary workspace for construction area on
parkland. A fee in the amount of$58,217.00 will be assessed for the temporary workspace. A license
agreement will be executed for the temporary workspace.
In accordance with the Texas Parks and Wildlife Code, Chapter 26, the City of Fort Worth seeks to use of
parkland for the purpose of installing a sanitary ewer service line with infrastructure improvements and the
granting of an easement to the Trinity River Authority of Texas.
On September 26, 2018, the Park & Recreation Advisory Board endorsed Staffs recommendation to the
City Council to authorize the use of parkland for the installation of public sanitary sewer service lines with
associated infrastructure and the granting of a easement to the Trinity River Authority of Texas.
In accordance with State law, public notice of the hearing was advertised in the Fort Worth Star-Telegram
on September 20, 2018, September 27, 2018 and October 4, 2018. An exhibit map was available for
public review at the Park & Recreation Department administrative offices located at 4200 South Freeway,
Suite 2200, Fort Worth, Texas 76115.
A letter announcing the proposed use was sent to the president of the Chadwick Farms Homeowners
Association on September 14, 2018. Signage was posted at the site noting the proposed use and
providing instructions for directing comments to the Park & Recreation Department. Staff will note any
Logname: 80CHADWICK FARMS SEWER LINE TRA II Page 2 of 3
public comment received during the public hearing Report of City Staff.
Chadwick Farms Park is located in COUNCIL DISTRICT 7.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations the Park & Recreation
Department and the Financial Management Services Department have the responsibility for the collection
and deposit of funds due to the City under this Agreement. Revenue from this agreement is estimated at
$70,796.00.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # moun
ID ID Year (Chartfield 2)
FROM
Fund Department ccoun Project Program ctivity Budget Reference # �mounl
ID ID Year ChartField 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Richard Zavala (5704)
Additional Information Contact: David Creek (5744)
ATTACHMENTS
1. Chawick Aerial Transpo.pdf (Public)
2. Chawick Alignment.pdf (Public)
3. FiD80Chadwick Farms Sewer Line TRA II.xlsx (CFW Internal)
Logname: 80CHADWICK FARMS SEWER LINE TRA II Page 3 of 3