HomeMy WebLinkAboutContract 52077 UTY!zECRETARY
CONTRACT NO. 5LO l'7
DOE #
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of
o901 , by and between Raider Express, Inc. , acting by and through
Michael Eg lg_eton , hereinafter referred to as "Landowner", and the
City of Fort Worth, hereinafter referred to as "City".
WITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 27.41 acre tract located in the _Coleman Boyd Survey, Abstract
212 , Tarrant County, Texas according to the deed recorded in Document Number
D216189828 , Deed Records, Tarrant County, Texas, hereinafter called the "Property".
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Raider Express Terminal
hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be
approved by the City and the Landowner provides for management of Stormwater within
the confines of the Property; and
WHEREAS, the City and the Landowner, and their successors and assigns, agree
that the health, safety and welfare of the residents of the City of Fort Worth, Texas require
that on-site Stormwater Management Facilities be constructed and maintained on a portion
of the Property; and
WHEREAS, the City requires that on-site Stormwater Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
E
�a 2oR OFFICIAL RECORD
�F�o�, R� CITY 5ECRETA4Y
��C\�S�C�E�Cp` STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016 FT. WORTH,TX
Landowner, its successors and assigns, the location and dimensions of which is shown and
more particularly described by metes and bounds in the attached Exhibit "A" ("Facility
Property"); and
NOW, THEREFORE, in consideration of the foregoing premises, the mutual
covenants contained herein, and the following terms and conditions, the parties hereto
agree as follows:
1. The Landowner, its successors and assigns, shall adequately construct and
maintain the on-site Stormwater Management Facility ("Facility") at no
expense to the City of Fort Worth in accordance with the design specifications
for the Facility, attached as Exhibit "B", and the current standards then in force
and effect in the City of Fort Worth and with the Operations and Maintenance
Plan attached to this Agreement as Exhibit "C". The Stormwater Facility
includes all pipes, channels or other conveyances built to convey Stormwater
to the facility, as well as all structures, improvements, and vegetation provided
to control the quantity and quality of the Stormwater. Adequate maintenance is
herein defined as good working condition so that these facilities are performing
their design functions. The Stormwater Structural Control Maintenance
Checklists, attached to this Agreement as Exhibit "D", are to be used to
establish what good working condition is acceptable to the City.
2. The Landowner, its successors and assigns, shall inspect the Facility and
submit an inspection report to the City annually. The purpose of the inspection
is to assure safe and proper functioning of the Facility. The inspection shall
cover the entire Facility, berms, outlet structure, pond areas, access roads, etc.
Components of the Facility, which need maintenance or replacement to
perform their design function, shall be noted in the inspection report along with
the corrective actions to be taken.
3. The Landowner, its successors and assigns, hereby grant permission to the
City, its authorized agents and employees, to enter upon the Property and to
inspect the Facility Property whenever the City deems necessary. The purpose
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
of inspection is to follow-up on reported deficiencies and/or to respond to
citizen complaints. The City shall provide the Landowner, its successors and
assigns, copies of the inspection findings and a directive to commence with the
repairs if necessary.
4. In the event the Landowner, its successors and assigns, fails to maintain the
Facility in good working condition as specified herein, the City, its authorized
agents and employees, may enter upon the Facility Property and take whatever
steps necessary to correct deficiencies identified in the inspection report and to
charge the costs of such repairs to the Landowner, its successors and assigns.
It is expressly understood and agreed that the City is under no obligation
to routinely maintain or repair said Facility, and in no event shall this
Agreement be construed to impose any such obligation on the City, such
obligation is Landowner's.
5. The Landowner, its successors and assigns, will perform the work necessary to
keep the Facility in good working order as appropriate. In the event the City
pursuant to this Agreement, performs work of any nature, or expends any funds
in performance of said work for labor, use of equipment, supplies, materials,
and the like, the Landowner, its successors and assigns, shall reimburse the
City upon demand, within thirty (30) days of receipt thereof for all actual costs
incurred by the City hereunder. In the event that Landowner or its successors
or assigns fail to pay the City for the costs incurred under this section, the City
shall impress a lien for the costs of such work upon other lots owned by the
Landowner. Such lien shall be perfected by filing in the office of the County
Clerk of Tarrant County, Texas an affidavit identifying the property to be
charged with such lien, stating the amount thereof, and making reference to
this Agreement.
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE
AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2016
THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND
EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES,
LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION
WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE
FAILURE OF LANDOWNER OR ANY FUTURE OWNERS OF THE
ABOVE FACILITITY PROPERTY TO MAINTAIN THE FACILITY,
INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF
THE DETENTION POND; ANY DAMAGES CAUSED TO PERSON OR
PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS
BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE POND, OR (3)
FAILURE OF THE POND OR ITS BANKS TO OPERATE IN A
MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA
TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS
HEREUNDER.
7. Landowner covenants and agrees that no habitable building shall be erected
within the drainage easement outlined on Exhibit "A" but this paragraph shall
not preclude construction of other improvements within the drainage easement,
which do not impede drainage. Landowner covenants and agrees that no
habitable building shall be erected on the above property abutting such
easement which shall have a finished floor at an elevation less than two feet
above the maximum depth of water in the detention pond which would occur
during a 100 year frequency flood.
8. This Agreement shall be recorded among the land records of Tarrant County,
Texas, shall constitute a covenant running with the land, and shall be binding
on the Landowner, its administrators, executors, assigns, heirs and any other
successors in interests, including any property owners association.
[SIGNATURE PAGE FOLLOWS]
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.11/17/2016
Executed thi: a nd day of �Narck -20A.
Landowner City of Fort Worth
Name: Jesus J. Chapa
�} Assistant City Manager
Title: ` ��:r� /�,LKJ
Approved as to Form and Legality
Assistant City Attey
ATTEST
O``k
ity ecre
AS
. ter:...
STORMWATER FACILITY MAINTENANCE AGREEMENT rFT.
ECRETAR
Rev.11/17/2016 ®Ry.H, 4
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on XAk �-// dy�2 by
Jesus J. Chapa, Assistant City Manager of the City of Fort Worthl, on behalf of the City of
Fort Worth.
p•��"•Y°"''' MARIA S.SANCHEZ '
o•. (�
My Notary ID#2256490 Nota Public, State of Texas
'1rF oN;d' Expires December 19,2D211
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this '1� day of
F�6,r A .t 201-1, personally appeared
known
to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that the same is the act of
, and that he executed the same as its
and as the act of such and for the purposes and
consideration expressed in the foregoing instrument.
++1111+� BETH AIKIN I
rP�ac' State of Texas
Notary Public,
Q�= Comm. Expires()5-28-2022 Notary Public, State of Texas
Notary ID 3494766
X11111 t++
0 F F I C I A L
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT VN�117� �'�
Rev.11/17/2016 1 VNOf
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.
Z4
Ashraf Ibrahim / \
Management Analyst II
EFFICU�AL RECDo
RER
FT. WORTH, T
"EXHIBIT A"
METES AND BOUNDS DESCRIPTION
61,283 SQUARE FOOT—DRAINAGE EASEMENT
OUT OF THE RAIDER EXPRESS, INC. TRACT
RECORDED IN DOCUMENT NUMBER D216189828 P.R.T.C.T.
IN THE C. BOYD SURVEY,A-212
CITY OF FORT WORTH, TARRANT COUNTY,TEXAS
All that certain 61,283 square feet of land, out of the tract of land conveyed to Raider Express,
Inc. by the deed recorded in Document Number D216189828 in the Public Records of Tarrant
County, Texas (P.R.T.C.T.), in the C. Boyd Survey, A-212, City of Fort Worth, Tarrant County,
Texas and more particuarly described by the metes and bounds as follows: (all bearings shown
hereon are based on the property described in the deed of said Raider Express, Inc.)
COMMENCING at a 3/8" iron rod found for the southwest corner of a 11.47 acres tract of land
conveyed to Raider Express, Inc. by the deed recorded in Document Number D218170453
P.R.T.C.T., common to a point for corner in the east line of said Raider Express, Inc. tract.
Thence North 05° 57' 04" East — 162.61' along the common line of said 11.47 acres tract and
Raider Express, Inc. tract, to the POINT OF BEGINNING which is the southeast corner of the
herein described easement;
THENCE West—506.57' to the southwest corner of the herein described easement;
THENCE North - 119.51' to the northwest corner of the herein described easement;
THENCE East — 519.03' to the northeast corner of the herein described easement, in the
common line of said 11.47 acres tract and said Raider Express, Inc. tract;
THENCE South 05° 57' 04" West — 120.16' to the POINT OF BEGINNING and containing
61,283 square feet of land.
THIS METES AND BOUNDS DESCRIPTION IS ISSUED IN CONJUNCTION WITH
THE SURVEY PREPARED BY SPRY SURVEYORS, HEREBY REFERENCED AS
EXHIBIT B. THIS METES AND BOUNDS DESCRIPTION IS EXHIBIT A.
SPRY SURVEYORS
Issue Date:Januaray 15, 2019 •Certificate Date:July 23, 2018 PRELIMINARY
8241 Mid-Cities Blvd.,Suite 102•North Richland Hills,TX 76182
Firm Reg No. 10112000 •Project Number: 098-003-51
Phone 817-776-4049 •email:spry(wsprysurvevors.com David Lewis
R.P.L.S. NO. 5647
EXHIBIT B 10' TESCO ESMT.
— _ VOL. 3337, PG. 419
- ------- - - - _ y _ , P.R.T.C.T.
RAIDER EXPRESS, INC.
DOC. NO. D216189828 P.R.T.C.T.
EAST 519.03' 3 \
61.283 SQYT. ° U Ln
DRAINAGEE EMENT o N Z o
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of
Q a-
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WEST 506.57 ROB ' w
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RAIDER EXPRESS, INC.
P.O.C.
DOC. NO. D216189828 P.R.T.C.T. 3/8" IRF
A B B R E V I A T I O N S L E G E N D NOT M SCALL
P.R.T.C.T. PUBLIC RECORDS OF TARRANT COUNTY, TEXAS O BOUNDARY CORNER
DOC. NO. DOCUMENT NUMBER 0 EASEMENT CORNER
P.O.C. POINT OF COMMENCING
P.O.B. POINT OF BEGINNING
IRF IRON ROD FOUND
w
X
.r
NOTES
Graphic Scale In Feet I. This survey is issued in conjunction with the Metes and Bounds Description by Spry Surveyors, of
the some certification date shown hereon, hereby referenced as Exhibit A. This Survey is Exhibit B.
2. All bearings shown hereon base on the property described in the deed to Raider Express, Inc.
r� recorded in Document Number D216189828 P.R.T.C.T.
0 100' LOO' 3. According to the Flood Insurance Rate Map No. 48439C0035 K, published by the Federal
Emergency Management Agency, dated: September 25, 2009, the surveyed property shown hereon
SCALE: 1"=100'
does not lie within any special flood hazard area inundated by the 100—year flood.
283 SQUARE FOOT
'r OF
l I certify that this survey was made on the 61 ,283
C (� ground, that this plat correctly represents the DRAINAGE EASEMENT
Q,0000 o `+ facts found at the time of survey.
o ° OUT OF THE RAIDER EXPRESS, INC. TRACT
o
00800000o0000°0oo—o—oc RECORDED IN DOCUMENT NUMBER D216189828 P.R.T.C.T.
DAVID CARLTON LEWIS IN THE C. BOYD SURVEY, A-212
000 0 000000000 %p000 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
E °5 6 4 7 0o This document and tat be rseorasd,a -
° ; Q, arrY Durooss Tlrb��^9 shall assd fa SSUE DATE: 01/15/2018 SCALE: 1"=100' PROJECT NO.: 098-003-51
°SOF -o
<y°,° ESS\a,°°l0 REVIEW PURPOSES ONLY
°°sURNk� SPRY(3 SURVEYORS
n JULY 23, 2018 Dote JANUARY la 2019 8241 Mid–Cities Blvd., Suite 102 •North Richland Hills, TX 76182
c G PH:817.776.4049 •spr rysurveycrs.ca^ • www.sprysurveyors.com
�V CERTIFICATE DATE DAVID CARLTON LEWIS, R,P.L.S. NO. 5647 Firm Reg. No. 10112000
"EXHIBIT A"
METES AND BOUNDS DESCRIPTION
64,408 SQUARE FOOT—DRAINAGE EASEMENT
OUT OF THE RAIDER EXPRESS,INC.TRACT
RECORDED IN DOCUMENT NUMBER D216189828 P.R.T.C.T.
IN THE C.BOYD SURVEY,A-212
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
All that certain 64,408 square feet of land, out of the tract of land conveyed to Raider Express, Inc. by the
deed recorded in Document Number D216189828 in the Public Records of Tarrant County, Texas
(P.R.T.C.T.), in the C. Boyd Survey, A-212, City of Fort Worth, Tarrant County, Texas and more
particuarly described by the metes and bounds as follows: (all bearings shown hereon are based on the
property described in the said deed to Raider Express,Inc.)
COMMENCING at a 3/8" iron rod found for the southwest corner of a 11.47 acres tract of land conveyed
to Raider Express,Inc. by the deed recorded in Document Number D2 1 8 1 7045 3 P.R.T.C.T.,common to a
point for corner in the east line of said Raider Express, Inc. tract (D216189828). Thence South 79° 53'
44" East — 31.38' along the common line of said 11.47 acre tract and Raider Express, Inc. tract, to the
POINT OF BEGINNING which is the northern most northwest corner of the herein described easement;
THENCE South 79° 53' 44" East — 20.32' along the common line of said 11.47 acres tract and Raider
Express, Inc. tract, to the northern most northwest corner of a tract of land conveyed to Highland
Meadows Christian Church by the deed recorded in Document Number D218068808 P.R.T.C.T.,
common to the northeast corner of the herein described easement;
THENCE South — 663.76' to a 1/2" iron rod with a cap stamped "SPRY 5647" found for a point for a
corner of said Highland Meadows Christian Church tract, common to the southeast corner of the herein
described easement;
THENCE West —465.38' along the south line of said Raider Express, Inc. tract, to the southwest corner
of the herein described easement, from which a 1/2" iron rod with a cap stamped "SPRY 5647" found for
the western most northwest corner of said Highland Meadows Christian Church tract, common to the
southern most southwest corner of said Raider Express, Inc. tract, in the northeast right-of-way line of
Northwest Highway 287 (350' Right-Of-Way)bears West— 141.81';
THENCE North— 114.73' to the western most northwest corner of the herein described easement;
THENCE East—445.38' to a point for corner of the herein described easement;
TEHNCE North—552.60' to the POINT OF BEGINNING and containing 64,408 square feet of land.
THIS METES AND BOUNDS DESCRIPTION IS ISSUED IN CONJUNCTION WITH
THE SURVEY PREPARED BY SPRY SURVEYORS, HEREBY REFERENCED AS
EXHIBIT B. THIS METES AND BOUNDS DESCRIPTION IS EXHIBIT A.
SPRY 1: SURVEYORS
Issue Date: Januaray 15,2019 •Certificate Date:July 23,2018 PRELIMINARY
8241 Mid-Cities Blvd.,Suite 102 •North Richland Hills,TX 76182
Firm Reg No. 10112000 •Project Number: 098-003-51
Phone 817-776-4049 ,email:spry@�sprysurveyors.com David Lewis
R.P.L.S.NO. 5647
LINE TABLE EXHIBI I B 11.47 ACRES
LINE BEARING DISTANCE RAIDER EXPRESS, INC
L1 S 79"53'44" E 31.38' Pc�++
ODOC. NO. D218170453
L2 S 79'53'44" E 20.32' • •V• P.R.T.C.T.
L3 NORTH 114.73' X 3/8" IRF L7
L4 WEST 141.81' P.O.8
Graphic Scale in Feet RAIDER EXPRESS, INC.
DOC. NO. D216189828
P.R.T.C.T.
0 100' 200'
SCALE: 1"=100'
AB BR E V I A T I O N S L E G E N D mor Toscuc
P.R.T.C.T. PUBLIC RECORDS OF TARRANT COUNTY, TEXAS O BOUNDARY CORNER
DOC. NO. DOCUMENT NUMBER • EASEMENT CORNER
P.O.C. POINT OF COMMENCING
P.O.B. POINT OF BEGINNING
IRF IRON ROD FOUND
�O to = O
NOTES N U CC)
1. This survey is issued in conjunction with the Metes and Bounds Description by Spry Surveyors, of In (p
the same certification date shown hereon, hereby referenced as Exhibit A. This Survey is Exhibit B.
2. All bearings shown hereon base on the property described in the deed to Raider Express, Inc. Lr..l c) ~
recorded in Document Number D216189828 P.R.T.C.T. N U
3. According to the Flood Insurance Rate Map No. 48439COD35 K, published by the Federal z 0 ~
Emergency Management Agency, dated: September 25, 2DO9, the surveyed property shown hereon Q
does not lie within any special flood hazard area inundated by the 100—year flood. O Q O
= U0p
C)
RAIDER EXPRESS, INC.
25' SOUTHWESTERN PIPELINE DOC. NO. D216189828
_ COMPANY EASEMENT P.R.T.C.T.
} DOC. NO. 203398961
P.R.T.C.T. ,
EAST 445.38
J
n 64.408 !MFT.
T,
DR AINAGE EASEMEN.T
f
�/< IRF w/CAP 1/2" IRF w/CAP
SPRY 5647" "SPRY 5647"
L4 WEST 465.38'
NW HIGHWAY 287 HIGHLAND MEADOWS CHRISTIAN CHURCH
R.O. I DOC. NO. D218068808 P.R.T.C.T.
OF I certify that this survey was made on the 64,408 SQUARE FOOT ground, that this plat correctly represents the
000000oe �� facts found at the time of survey. DRAINAGE EASEMENT
0 .1 S�fT,ERE°°yam
5 00-800000000000000 000 0000 OUT oRECORDED IN DOCUMENT NU B R D2216 EXPRESS,THE RAIDER 8 INC.
R.TT..C.T.TRACT
9 DAVID CARLTON LEWIS IN THE C. BOYD SURVEY, A-212
k 0000 000000co000o000000o�00o CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
E s 5 6 4 7 �/o0 Thb dommeot"not be,am tar
a o Q; any purpow.Ibis dic 1 9 malt be used for ISSUE DATE: 01/15/2018 SCALE: 1"=100, PROJECT NO.: 098-003-51
0�0 000 O� REVIEW PURPOSES ONLY
asUR � �O io SPRY a SURVEYORS
,o Date: AN
JANUARY 15,2019 8241 Mid—Cities Blvd., Suite 102 •North Richland Hills, TX 76182
o JULY 23, 2018 PH:817.776.4049 •Ispr yOsprysurWevors.Gom.. www.sprysurveyors.com
CERTIFICATE DATE DAVID CARLTON LEWIS, R.P.L.S. NO. 5647 Firrr Rog. Na. 10112000
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Exhibit "C"
CITY OF FORT WORTH STORMWATER FACILITY
OPERATION AND MAINTENANCE PLAN
The only responsibility the City of Fort Worth has in the operation and
maintenance of this Facility is inspection.
General Maintenance Procedures
The structural and functional integrity of the Facility shall be maintained at all
times by removing and preventing drainage interference, obstructions, blockages,
or other adverse effects into, through, or out of the system.
Periodic silt removal shall occur when standing water conditions occur or the
pond's storage volume is reduced by more than 10%. Silt shall be removed and
the pond/basin returned to original lines and grades shown on the approved
engineering plans. In addition, corrective measures are required any time a basin
does not drain completely within 72 hours of cessation of inflow. NO STANDING
WATER IS ALLOWED in basins designed for dry detention purposes.
Accumulated litter, sediment, and debris shall be removed every 6 months or as
necessary to maintain proper operation of the basin. Disposal shall be in
accordance with federal, state and local regulations.
Detention facilities shall be mowed monthly between the months of April and
October or anytime vegetation exceeds 12-inches in height.
To prevent debris from entering and clogging the downstream storm sewer
system a wire mesh screen or similar screening device shall be installed over the
outlet until final acceptance.
4. PREVENTIVE MAINTENANCE/INSPECTION
• Visual inspections of all components will be conducted every 6 months.
• A log shall be kept of maintenance actions, and inspections. The log
should document the condition of the detention system's primary
components, mowing, and silt, litter and debris removal dates. Document
aeration of the basin bottoms and replanting to prevent the sealing of the
basin bottom.
• Written maintenance and repair records shall be maintained by the
party or parties signing the attached Agreement and shall be provided
to the City upon request.
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev.11/17/2016
Exhibit "D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT REPAIRS REPAIRS
INSPECTION DATE REQUIRED MADE NOTES
Mowing
Remove Trash and
debris
Inspect irrigation
system operation
Remove grass
clippings
Violations Noted
MINOR
INSPECTION
Condition of Pond
Amount of silt in
and
Amount of silt in
flume
Amount of ponded
water
Amount of wetland
vegetation
Location of Erosion
Percent of
vegetation
Condition of trash
guard
Location of Erosion
MAJOR
INSPECTIONS
Condition of
Stormwater Quality
Structure
Type of Stormwater
Quality Structure
Structure type and
Condition
Condition of Rip-
Ra
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev.11/17/2016
Condition of
filtrations stem
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev.1111712016
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