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HomeMy WebLinkAboutContract 53654 CITY SECRETARY C 1`4TRACT N0.. 55 ` DOE # DRAINAGE CHANNEL TOMAINTENANCE AGREEMENT C1T`C�SCCC���C March THIS AGREEMENT, made and entered into this day of Mau ` 13 X_I L7�6, by and between Pultee Homes of Texas L.P., hereinafter referred to as "Landowner", the E'my (i t� Li 6mwyys A5m hereinafter referred to as "Association" and the City of Fort Worth, hereinafter referred to as "City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 2.275 acre tract located in the Joshua King Survey, Abstract Number 712, Fort Worth, Tarrant County, Texas and being a portion of that tract of land described by deed to Pulte Homes of Texas, L.P., recorded in Instrument Number 2019-34669 of Real Property Records, Denton 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 Elizabeth Creek, Phase 1, 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 storm water 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 Drainage Facilities be constructed and maintained on a portion of the Property; and; - WHEREAS, the City requires that on-site Drainage Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including Association, the location and dimensions of whi ' shown OFFMAL RECORD STORM WATER FACILITY MAINTENANCE AGREEMENT O'�SECRETARY Rev.V2006 FT. WOFt`HJ `F more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and; WHEREAS, the City requires that on-site Drainage Facilities ("Facility") as shown on the Plan be constructed, and Developer has constructed a facility to be adequately maintained and owned by the Association, the location and dimensions of which is shown on the attached Exhibit`B"("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 Association, its successors and assigns, shall adequately construct and maintain the on-site Drainage Facility ("Facility") at no expense to the City of Fort Worth in accordance with the design specifications for the Facility, attached as Exhibit "C", 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 "D". The Drainage Facility includes all pipes, channels or other conveyances built to convey storm water to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the storm water. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Storm Water 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 Association, its successors and assigns, shall inspect the Facility and submit an inspection report to the City annually. The purpose of the inspection is to assure safe and proper functioning of the Facility. The inspection shall cover the entire Facilities, berms, outlet structure, pond areas, access roads, etc. Components of the Facility, which need maintenance or replacement to STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev.7/2006 perform their design function, shall be noted in the inspection report along with the corrective actions to be taken. 3. The Association, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facility Property whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event the Association, its successors and assigns, fails to maintain the Facility in good working condition acceptable to the City, the City, its authorized agents and employees, may enter upon the Facility Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its 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 the Association's. 5. The Association, its successors and assigns, will perform the work necessary to keep the Facility in good working order as appropriate. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Association, 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 the Association, 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 Association. 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. STORM WATER FACILITY MAINTENANCE AGREEMENT 3 Rev.7/2006 6. This Agreement imposes no liability of any kind whatsoever on the City. THE ASSOCIATION AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. THE ASSOCIATION COVENANTS AND AGREES AND DOES HEREBY INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF OWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE BED AND BANKS OF THE DETENTION POND IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS BANKS, (2) SLOPE FAILURE OF THE BANK OF THE POND, AND (3) AND FAILURE OF THE POND AND ITS BANK TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER. 7. The Association covenants and agrees that no habitable building shall be erected within the drainage easement outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the drainage easement, which do not impede drainage. The Association covenants and agrees that no habitable building shall be erected on the above property abutting such easement which shall have a finished floor at an elevation less than two feet above the maximum depth of water in the detention pond which would occur during a 100 year frequency flood. 8. This Agreement shall be recorded among the land records of Tarrant County, Texas, and shall constitute a covenant running with the land, and shall be binding on the Association, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. STORM WATER FACILITY MAINTENANCE AGREEMENT 4 Rev.7/2006 Executed this 1 9. day of Marck 20o3b. Landowner City City of Fort Worth Pulte Homes of Texas L.P. 9"1 be Name:Clint Vincent Assistant�ianage� Title: Vice President of Land Development Approved as to Form and Legality Homeowners Association 0" Assistant City AttorrWy Name: Curt Millward ATT ST _ Title: Vice President/Secretary 4 h iity Secre Cad TAX�`�.••,. .. ,_ OFFICIAL RECORD, CITY SECRETARY FT WORTH,TX STORM WATER FACILITY MAINTENANCE AGREEMENT 5 Rev.7/2006 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on M rJ13, ID�-b by „4 '�Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Wv tth. �J�pV pv4 EVONIA DANIELS �✓ ;Notary Public,State of Texas Comm. Expires 07-13-2021 eta�ry Public, State of Texas °f �� Notary 10 126950030 STATE OF TEXAS § COUNTY OF TARRANT § UBefore me the un ersigned authority on this day 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 exey#the same as its e act of suc W�a the purposes and consideration expressed �����•�i�S o,OG��p,RHlYff EcPRltUIqyB$�3 ing ns ment. � ry Pa ublic, State of exas STATE OF TEXAS',, o F a t`a fr• COUNTY OF TARRI* • ryHN This instrument was acknowledged before me on ��/��a���by, \kw1 authorized representative acting on behalf of ul G'Ri%A e*-1-brhy0Wra5 omed fiii'ers Association `��IIIII I I l oll/,�� HE.�O���ii kY PUe�In�. ' of Public, State f T ry STORM WATER FACILITY MA ENT Rev.7/2006 �ll1l♦��1�1�� EI�V(r�wA�L �],t, Ile Contract Compliance Manager By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perform ce and reporting requirements. J ' 'e S. Morales Development Services Manager Cli-N SECRETARY EXHIBIT "A" INSERT LEGAL DESCRIPTION STORM WATER FACILITY MAINTENANCE AGREEMENT 7 Rev.7/2006 EXHIBIT "A" Description of a SWFMA Area BEING a portion of that certain tract of land situated in the Joshua King Survey, Abstract Number 712, Tarrant County, Texas and being a portion of that tract of land described by deed to Pulte Homes of Texas, L.P., recorded in Instrument Number 2019-34669 of Real Property Records, Denton County, Texas and being more particularly described by metes and bounds as follows; COMMENCING at a 1/2 inch iron rod with plastic cap stamped"YPASSOCIATES", found at the northerly northeast corner of said Pulte tract, in the south right-of-way line of State Highway 114 (a 240 foot right-of-way); THENCE N 89028'46"W, 1819.00 feet, with said south right-of-way line, from which a 1/2 inch iron rod with plastic cap stamped"YPASSOCIATES" found bears N89028'46"W, 1621.33 feet; THENCE S 00031'14"W, 30.00 feet, departing said south right-of-way line, over and across said Pulte tract to the POINT OF BEGINNING; THENCE over and across said Pulte tract the following courses and distances S 21°24'34"E, 134.00 feet; S 53°55'56"E, 20.00 feet to the beginning of a non-tangent curve to the left; with said non-tangent curve to the left, an arc distance of 88.93 feet,through a central angle of 101°54'39", having a radius of 50.00 feet,the long chord which bears S 14053'16"E, 77.67 feet; S 29047'44"E, 134.00 feet; N 79012'38"E, 113.00 feet to the beginning of a non-tangent curve to the left; with said curve to the left, an arc distance of 230.34 feet,through a central angle of 75°24'51", having a radius of 175.00 feet, the long chord which bears S 48029'48"E, 214.07 feet; S 00.31'14"W, 115.29 feet; S 89°28'46"E, 50.00 feet; S 00031'14"W, 115.00 feet; N 89028'46"W, 71.71 feet to the beginning of a curve to the right; Peloton Job No. PLT18002 Tracking No.n/a Elizcrk November 13,2019 G:\JOB\PLT 18002_ELIZABETH_CRK\MA STER DEV\ SURVEY\EASEMENTS\LEGALS\PLT18002_EA4.DOCX Pagel of 3 with said curve to the right, an arc distance of 58.90 feet, through a central angle of 27°00'00", having a radius of 125.00 feet,the long chord which bears N 75°58'46"W, 58.36 feet; N 62028'46"W, 22.03 feet; N 18°09'26"E, 116.55 feet; N 62010'17"W, 273.12 feet; N 31°02'21"W, 15 8.67 feet; N 64"17'04"W, 20.00 feet to the beginning of a non-tangent curve to the left; with said non-tangent curve to the left, an arc distance of 116.23 feet, through a central angle of 133011'34", having a radius of 50.00 feet, the long chord which bears N 40052'51"W, 91.77 feet; N 31°31'15"W, 130.11 feet; N 50°40'07"W, 147.04 feet; THENCE S 89°28'46"E, 223.90 feet to the Point of Beginning and containing 99,100 square feet or 2.275 acres of land more or less. Peloton Job No. PLT18002 Tracking No.n/a Elizcrk November 13,2019 G:\JOB\PLT18002 ELIZABETH CRK\MASTER DEV\ SURVEY\EASEMENTS\LEGALS\PLT18002_EA4.DOCX Page 2 of 3 w N C# DELTA RADIUS LENGTH LCh BEARING DIST. C1 101054'39" 50.00' 88.93' S 14°53'16"E 77.67' C2 7502451 " 175.00' 230.34' S '48°29'48"E 214.07' 0 100 200 C3 270 00'00" 125-00' 58.90' N 750 58'46"W 58.36' Z C4 133011 '34" 50.00' 116.23' N 4005251 "W 91. 77' a GRAPHIC SCALE IN FEET v ''Integral parts of this document'' 0 1. Description �/' 0 2. Exhibit State ,highway 114 Drainage Easement (a 240 foot right—of—way) Inst.*2009-1009 70 irf O.P.R.D.C.T. __ /-2450 to John Day Road irf o-- N89'28'46"W� T 1622.33' N89'28'46''W 1819.00' ------ S890 28'46"E-I-223.90'-L1 ------ -------------JI _______ Waterline Easement I J, Inst."2018-817 68 O Oo J cJ O.P.R.D.C.T. T ,9� OJ.� ➢ ➢_ I I � Loll c PULT E HOMES OF TEXAS,L.P. ° INST. 2019-34669 R.P.R.D.C.T. C1 C 4 LP -P. PULT E HOMES OF TEXAS,L.P. ��- INST. * 2019-34669 l6 •oo_ R.PR.D.C.T. � Ni9°12'3b"S Nv (\ N� 2 2.275 Acres C2 J0C p, N6z°1 3 0, a Q o� OF c,1P+ta•�BrF`�F'fq L# BEARING DIST. N rae -9� ►� L 1 S 000 31 ' 14"E 30.00' o 0 """•'••••-••••••�• t .. L2 S 530 55'56"E 20.00' N •T00aA. BRIDGES L3 S 89028'46"E 50.00' L3 4 .......940......•,•,,, `90 rir L4 N 89°28'46"W 71 . 71 ' N a L5 N 620 28'46"W 22.03' rn h o svb'�� L6 S 640 17'04"E 20.00' r 1 �r1 ao C Z ° o � N N Basis of Bearing is the Texas S s Coordinate System, North Central C3 L4 Zone 4202, NAD83 Exhibit "A" ' P E LOTO N SWFMA Area Situated in the Joshua King Survey, Abstract Number 719, LAND SOLUTIONS City of Fort Worth, Tarrant County, Texas. 9"a HILLWOOD PARKWAY,SUITE 250 I-OB# PLT18002 DRAWN BY:CAD CHECKED BY: TAB DATE:11-14-19 PAGE#3 of 3 FORT WORTH,TEXAS 76177 PH.#817-562.3350 G:\JOB\PLT18002—Elizabe th_Crk\Master Dev\_Survey\Eosements\PLTl8002_ea4.dgn Defoult 11/13/2019 4:57:20 PM EXHIBIT "B" STORM WATER FACILITY MAINTENANCE AGREEMENT 7 Rev.7/2006 YYOU'OYYyIV\J\OYY]IV\J\�1!4!4^]V!"!:lY`^U+•Ns�ry\Y:1 w•4••!�y GWtlLl ltl\4`�I Z w i ( i+\i i N J 1 z 0 8m III I w I I oo II I (�, l I �w ter' I I ooWW U C7 m U U O N Zo _ & F I w f a c o o c c g i I cun) l � i \ / � I � R � I q�D It T- �� r' m I 1 ' 0o f� I i It M A Q O N I I I N Q O N I � o - I o� Sao LU w t w LU I I I I N z I j 11 I I C° w I I Q cwn -Jco 0 W r� UJ O Ln I I I a -i � 1 r J oo � ? 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Exhibit "C" CITY OF FORT WORTH DRAINAGE CHANNEL 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. STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.7/2006 Exhibit "D" Drainage Channel Structural Maintenance CHECKLIST FREQUENT DATE REPAIRS REPAIRS NOTES INSPECTION REQUIRED MADE Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Channel Amount of silt in channel 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 Drainage Channel uali Structure Type of Drainage Channel Quality Structure Structure type and Condition Condition of Rip-Rap Condition of filtration STORM WATER FACILITY MAINTENANCE AGREEMENT 9 Rev.7/2006 system Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT 10 Rev.7/2006