HomeMy WebLinkAboutContract 37732CITY �°F(`RE`I"ARY,?-�.�.��1
STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of October 1 , 2008 , by
and between Wein arten/Investments, Inc., acting by and through, M. Candace
)uFour in her capacity as its Sr. V.P. 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
Abstract No87
approximately 5.127 acre tract located in the J.A. Bowers Survey, . ,
Tarrant County, Texas according to the deed recorded in Volume 63 , Page 21 , 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 Chamberlin Arlington Fleights
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 Storm Water Management Facilities be constructed and maintained on a
portion of the Property; and
WHEREAS, the City requires that on -site Storm Water Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
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
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01 /09/2007
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 Storm Water 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 Storm Water 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 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
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.
STORM WATER FACILITY MAINTENANCE AGREEMENT 2
Rev. 01 /09/2007
4. In the event the Landowner, its successors and assigns, fails to maintain the
Facility in good working condition acceptable to the City, the City, its
authorized agents and employees, may enter upon the Facility Property and
take whatever steps necessary to correct deficiencies identified in the
inspection report and to charge the costs of such repairs to the Landowner, its
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 oblillation is Landowner's.
5. The Landowner, its successors and assigns, will perform the work necessary to
keep the Facility in good working order as appropriate. In the event the City
pursuant to this Agreement, performs work of any nature, or expends any funds
in performance of said work for labor, use of equipment, supplies, materials,
and the like, the Landowner, its successors and assigns, shall reimburse the
City upon demand, within thirty (30) days of receipt thereof for all actual costs
incurred by the City hereunder. in the event that Landowner or its successors
or assigns fail to pay the City for the costs incurred under this section, the City
shall impress a lien for the costs of such work upon other lots owned by the
Landowner. Such lien shall be perfected by filing in the office of the County
Clerk of Tarrant County, Texas an affidavit identifying the property to be
charged with such lien, stating the amount thereof, and making reference to
this Agreement.
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE
AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND
EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES,
LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION
WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01 /09/2007
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. 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 deptYi of water in tiie detention pond vvl'iich 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 Landowner, its administrators, executors, assigns, heirs and any
other successors in interests, including any property owners association.
STORM WATER FACILITY MAINTENANCE AGREEMENT 4
Rev. 01 /09/2007
Executed this 'ist day of October, 20 08 .
Landowner City
RG�
n ���. �ri`RS�� �Tam a City of Fort Worth
Legal
2AZ
Name: M. Candace DuFour Fernando Costa
Assistant City Manager
Title: Sr. V.P.
Approved as to Form and Legality
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01 /09/2007
V� .
Assistant ity Attorney
ATTEST
City Secretary
ENT'm
'r OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
5
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 8 ,2�� by
Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalfof the City
of Fort Worth,
F1E.TfIE LANE
My COMMISSION EXPIRES
July' cy 2011
STATE OF TEXAS §
the undersigned
Notary Public, State of Texas
authority on this
! to me to kSe the pefson whose name is sub;
acknowledged to me that the
pae
/
�, , j/.` � i? and as the act of such
consideration expressed in the foregoing instn
P �,�, JACKIE J. SPELL
Notwr Nftl Sins of 1W=
!•'" MY Commt MM Estes &I7012
a. T..2{!a4 rla4;�c?i. , known
to the foregoing instrument and
ed �
same is the act of
anI that he executed the same as its
sao�(,a&"nd for the purposes and
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01 /09/2007
0
INSERT LEGAL DESCRIPTION
STORM WATER FACILITY MAINTENANCE AGREEMENT 7
Rev. 01 /09/2007
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PRIVATE DETENTION POND EASEMENT
Being a tract of land situated in the J. A. Bowers Survey, Abstract No. 87, City of Fort Worth, Tarrant
County, Texas and being a portion of Lot 1, Block 113R of Chamberlin Arlington Heights, recorded
under Cabinet B, Slide 2279 in the Plat Records of Tarrant County, Texas and being more particularly
described by metes and bounds as follows:
COMMENCING at a `PK' nail found for the southeast corner of said Lot 1, Block 113R;
THENCE North 89° 25' 30" West, a distance of 15.00' to a point for corner at the intersection of the
westerly right -of --way line of Horne Street (75' right -of --way) and the northerly line of a 16' alley;
THENCE North 00° 34' 30" East, departing the westerly right -of --way line of Horne Street and the
northerly right -of --way line of said 16' alley and the southerly line of said Lot 1, Block 113R, a distance of
3.00' to the POINT OF BEGINNING of the herein described tract;
THENCE North 89° 25' 30" West, a distance of 169.29' to a point for corner;
THENCE North 00° 34' 30" East, distance of 63.21' to a point for corner;
THENCE North 86° 37' 24" East, a distance of 144.24' to a point for corner;
THENCE South 89° 25' 30" East, a distance of 25.39' to a point for corner, on the aforementioned
westerly right -of --way line of Horne Street, from which a 5/8" iron rod found with cap stamped `PATE'
bears North 00° 34' 30" East — 320.93';
THENCE South 00° 34` 30" East, along the westerly right-of-way of said Horn Street, a distance of 73.15'
to the POINT OF BEGINNING and containing 11,668 square feet or 0.2679 of an acre of land more or
less.
Basis of Bearings.• All bearings shown hereon are based on the record bearings of the plat of Chamberlin
Arlington Heights.
Prepared by:
PATE SURVEYORS
A division of Pate Engineers, Inc.
2201 Brookhollow Plaza Dr., #445
Arlington, TX 76006
Original Issue Date: September 10, 2008
Job No. 0744-006-00
Mark A. Nace
R.P.L.S, No, 5539
Certification Date:
September 10, 2008
IAF;K ALLAN NAGE
9�cfSSM�C
SUS..:
Page 1 of 2
UlCINl Not To
S MAP
aIt
LINE
BEARING
DISTANCE
L 7
S
69125 *30"
E
60.00'
L2
N
89125130"
W
15.
00'
L3
5
8912529"
E
75.00'
C4
S
89'25J0"
E
75.
00'
LS
S
0O434'30"
W
12.30'
L6
5
76044'40"
E
6713'
L7
S
38605,05"
E
31,23'
L8
S
8815759"
E
9,
19'
Graphic Scale in Feei
0 50 100 750 200
Scale: 7" = 50'
1. Private Common Area (P.C. A.)
The City of Fart Worth shall not be held responsible for the construction, maintenance or
an operation of lots containing private common areas or facilities identified as such on
P Y 9
this plat. Said areas shall include, but not be limited to: private streets, emergency
access easements, and gated security entrances; recreation areas, landscaped areas and
open spaces; water and wastewater distribution systems and treatment facilities; and
recreation buildings and facilities.
The land owners and subsequent owners of the lots and parcels in this subdivision,
acting jointly and severally as a land owners association, shall be responsible for such
construction, reconstruction, maintenance and operation of the subdivision's private
common areas and facilities, and shall agree to indemnify and hold harmless the City of
Fort Worth, Texas, from all claims, damages and losses arising out of, or resulting from
the performance of the obligations of said owners association, as set forth herein.
2. Water/Wastewater Impact Fees
The City of Fort Worth has an ordinance implementing the assessment and collection of
water and wastewater impact fees. The total amount assessed is established on the filing
date of this plot application, based upon Schedule I of the current impact fee ordinance.
The amount to be collected is determined under Schedule II of the said ordinance and
becomes effective on the date a building permit is issued, or the connection date to the
municipal water and/or wastewater system.
3. Utility Easements
Any public franchised utility, including the City of Fort Worth, shall have the right to move
and keep moved all or part of any building, fence, tree, shrub, other growth or
improvement which in any way endangers or interferes with the construction, maintenance
oIt efficiency of its respective systems on any of the easements shown on the plat; and
they shall have the right at all times to ingress and egress upon said easements for the
purpose of construction, reconstruction, inspection, patrolling, maintaining, and adding to
removing all or part of its respective systems without the necessity at any time of
procuring the permission of anyone.
4. Building Permits
No building permits shall be issued for any lot in this Subdivision until an appropriate UFA
or other acceptable provisions are made for the construction of any applicable water,
storm drain, street lights, sidewalks, or paving improvements; and approval is first
obtained from the City of Fort Worth.
5. Sidewalkss
Sidewalks required adjacent to both side of all public and private streets, in
conformance with the Sidewalk Policy per "City Development Design Standards
fi. Flood -Plain Restrictions
No construction shall be allowed within the Flood -plain easement without the written
approval of the Director of Transportation and Public Works. In order to secure approval,
satisfactory engineering studies and/or detailed engineering improvement plans, shall be
prepared and submitted by the party(s) wishing to construct within the flood -plain. Where
construction is permitted, assuming ultimate development conditions, all finished floor
elevations shall be a minimum of 2 ft. (two feet) above the 100-year Flood plain water
elevation, or 1 ft. (one foot) above the 100-year flood -way water surface elevation.
7. Construction Prohibited Over Easements
No permanent buildings or structures shall be constructed over any existing or platted
water, sanitary sewer, drainage, gas, electric, cable or other utility easement of any type.
8. Covenants or Restrictions are Un-altered
This Replat does net vacate the previous "Plat of Record` governing the remainder of the
subdivision, nor does it amend or remove any deed covenants or restrictions.
9. Parkway Permit
Parkway improvements such as curb & gutter, pavement tie-in, drive approaches,
sidewalks and drainage inlets may be required at time of building permit issuance via o
parkway permit.
10. Maintnence Agreement
Special maintnence agreement for the channel, drainageway, detention pond, fake is
required to be executed and recorded along with the final plat. An encroachment
agreement is required for any structure such as a private bridge or culvert within a public
drainage easement or ROW.
11. All buildings, shall be constructed in accordance with building setback requirements
of the City of Fort Worth Comprehensive Zoning Ordinance.
12. Unless otherwise shown with a specific Volume and Page recording reference, all
easements are dedicated by this plat.
13. According to the Flood Insurance Rate Mop No. 48439CO381 H. published by the
Federal Emergency Management Agency, dated: August 2, 1995, the surveyed property
shown hereon does not lie within any special flood hazard area inundated by the
1CO-year flood.
16 AUEY
.0.
STATE OF TEXAS §
COUNTY OF HARRIS §
LINE
BEARING
DISTANCE
L9
S
00'34'30"
W
51.25'
L 10
S
4T36 28"
W
40A6'
111
N
85'25'30"
W
70.85'
L 12
Iv
00'04'59"
W
58.52'
L73
N
8927*48"
W
24.00'
C14
5
00'04'59"
E
58.01,
C 15
S
89'25 :i0"
E
25.
39'
BEARS
WEST FREEWAY ACCESS ROAD
(VARIABLE WIDTH STATE RIGHT-OF-WAY)
(250' TO 360 RIGHT-OF-WAY)
'PATE" CAP
20' P.O.&E, 10' UTILITY ESMT m
CAB. B, SLIDE 2279 y L 8091, G. 0
C.T. VOL. 0254. PG. 958
D.R.T.C.T_
LOT 1R1
3.788 ACRES 18' DRAINAGE & UTILITY ESMT
i RESERVATION
/ S 89'2A'30" E CAB. B SLIDE 2279 P.R.T.C.T.
1(vncATED B=THIs PLA-) -
-AT)
20' BUILDING LINE I BLOCK 113R
O m (BY THIS PLAT) 5.127 ACRES
0 LOT 1. BLOCK 113R
3 CHAMBERLIN ARLINGTON HEIGHTS
o CAB. 8, SLIDE 2229
` I P.R. TC.T
m 'n
LOI 80 DRAINAGE AND UTILITY-
t HI EASEMENT RESERVATION
O I -CAE. B. SLIDE 't2]9�P. R. 1-C. T.
M IO'X10' P.O.S.E. (VACATED BY THIS PLAT) Ell
- (BY 1H15 PLAT) 7_95'
20' UTILITY EASEMENT S B9'2r 58'
(BY THIS PLAT) �,
PBY
4' MUTUAL S 89'25'�3 E
CCESS EASEMENT
THIS PLAT
S 892551" E SF
10'x10' P.O. S.E. -
(BY THIS PLAT) S 89'2�30" E_4E
SD' EASEMENT
E
EASEMENT
CURVE
DELTA
RADIUS
ARC LENGTH
CHORD BEARING
CHORD LENGTH
C7
88'S301"
25.00'
38,78'
S 44-31'29' E
35.01'
C2
89'29'23"
25.00'
39.05'
N 44*39'43" E
35.20'
ATEO C W/
'PATE' CAP
20' BUILDING LINE
(BY THIS PLAT)
U
PATE AP
LOT 1R2
1,339 ACRES S a9'25'30' E
N
5' R.O.W. DEDICATION
CAB. B. SLIDE 2279 UCI
r7 P.R.T.C.T.
O In`
O
n z
AC13
MUTUAL
(BY ETHIS SS EPLAT)
NT e
S 89'25_52 E 225.46' c2/
..51 10'X1D' P.O.S.I
^ (BY THIS PLAT
(BY THIS PLAT)
t
t
t 5'X15' P.O.S.E. 3' ALLEY DEDICATION G�
CAB. B. SLIDE 2279 (BY THIS PLAT)
ALLEY
L2.03'
10'Xt0' P.0.5.
(BY THIS PLA
T.C.T
Mr- 886"J7'24"W 424/ � t O
b PRIVATE DETENTION
POND EASEMENT
wSEL = 70TOO' -
n� MINNFFE = 709.00 n
_L 589'25'30'c 169.29' I „{ IL21I
16' ALLET
�IS'xI SP
BLOCx 133
CAB.
B, SLID
2279
;O.CT
CHi
ASERUN
AR n HEIGHTS
ADDI
ON
I
nR5T FIUND
VOL,
63. PG, 21 D, R,TCT.
THAT WEINGARTEN/INVESTMENTS, INC. acting by and through its duly authorized
officers, do hereby adopt this plat designating the herein above described real
property as: LOTS tRt & tR2, BLOCK 113R, CHAMBERLIN .4RLINGTON HEIGHTS, an
addition to the City of Fort Worth, Tarrant County, Texas, and whose name is
subscribed hereto, hereby dedicate to the use of the public forever all streets,
alleys, parks, water courses, drains, easements and public places thereon shown for
the purpose and consideration therein express.
Executed this the_day of., 2008.
Weingarten/Investments,
a Texas Corporation
2600 Citadel Plaza Dr., Suite 300
Houston, Tezas 77008
STATE OF TEXAS §
COUNTY OF HARRIS §
BEFORE ME, the undersigned, a notary public in and for the State of Texas, on this
day personally appeared known to me to be the person whose
name is subscribed to the foregoing instrument end acknowledged to me that he
Led the some for the purpose and consideration therein expressed. and in the
capacity therein stated.
GIVEN
UNDER
MY
HAND
AND
SEAL
OF
OFFICE,
this
the_day
of ,
2008.
Notary Public, State of Texas
My Commission Expires:_
ENTRANc To
PARKING AREA 16 vADE
M_ ALVEY AVE.
L1 1/2" IRE (OM.) t6' ALLEY
P.O.B,
L E G E N D
' SURVEYOR'S STATEMENT '
P.O.B.
POINE OF BEGINNING
IRF
DENOTES IRON ROD FOUND
I, Mark A. Noce, a
Registered Professional Land Surveyor in the State of Texas, do
(C.M.)
CONTROLUNG MONUMENT
hereby stote that
the plat shown hereon accurately represents the property as
determined by an
on the ground survey prepared under my direction and supervision
D,R.T.C.T.
DEED RECORDS OF TARRANT COUNTY, TEXAS
in May, 2007, and
that all corners are as shown.
P.R.T.C.T.
PLAT RECORDS OF TARRANT COUNTY, TEXAS
VOL.
VOLUME
PG.
PAGE
P.CA
PRIVATE COMMON AREA
This document
shall not
'ESMT.
be recorded for any purpose.
ESMT.
EASETEMPMENT
EASEMENT
SON. SEW,
SANITARY SEWER
WSEL
WATER SURFACE ELEVATION
Mark A. Noce, R.P.LS.
State of Texas No.
5539
STATE OF TEXAS §
COUNTY OF TARRANT §
OWNER/
BEFORE ME, the undersigned, a notary public in and for the State of Texas, on this
day personally appeared Mork A. Noce, known to me to be the person whose name
I subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purpose and consideration therein expressed, and in the capacity
therein stated.
GIVEN
UNDER
MY HAND
AND
SEAL
OF
OFFICE, this the_day
of
2008.
Notary Public, State of Texas
My Commission Expires: -
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS Weingarten/Investments, Inc. a e the sole owners of that certain tract of
land which is out of the tract of land described in the deed to Weingarten
Investments, Inc., recorded in Document Number D207219598, in the Deed Records
of Tarrant County, Texas, which is all of Lot 1, Block 113R, Chamberlin Arlington
Heights Addition, first filing, an addition to the City of Fort Worth, recorded in
Cabinet B, Slide 2279, in the Plat Records of Tarrant County, Texas, in the J.A.
Bowers Survey, A-87, City of Fort Worth, Tarrant County, Texas, and m
particularly described by metes and bounds as follows (all bearings shown more
based on said plat of Chamberlin Arlington Heights):
All that certain 5.127 acres of land, which is all of Lot 1, Block 113R, Chamberlin
Arlington Heights Addition, first filing an addition to the City of Fort Worth, recorded
in Cabinet 8, Slide 2279, in the Plat Records of Tarrant County, Texas, in the J.A.
Bowers Survey, A-874 City of Fort Worth, Tarrant County, Texas, and more
particularly described by metes and bounds as follows (all bearings shown hereon
based an said plat of Chamberlin Arlington Heights):
COMMENCING at a "PK" nail found for the southeast corner of the southerly 15'
right-of-way dedication as shown on said plat of Chamberlin Arlington Heights,
from which o 1/2" iron rod found for the southwest corner of the 10' by 10'
.right-of-way dedication as shown on the plat of Lot 15-R, Chamberlin Arlington
Heights Addition, First Filing, an addition to the City of Fort Worth, recorded in
Cabinet A, Slide 10318, in the Plot Records of Tarrant County, Texas, bears South
East - 60.00';
THENCE North 89' 25' 30" West - 15.00' along the south line of said most
southerly 15' right-of-way dedication to a 5/8" ;ran rod with a cap stamped
"PATE" set for the POINT OF BEGINNING of the herein described tract, in the west
Horne Street o 75' right-of-way); right -of way line of said (
THENCE North 89' 25' 30" West - 485.00' along the south line of the herein
described tract, common to the north line of a 16' alley to a point for corner at
the southwest corner of the herein described tract, in the cost right-of-way line
of Halloran Streat (a 60' right-of-way);
THENCE North 00' 34' 30" East - 471.00' along the west line of the herein
described tract, common to the east right-of-way of said Halloran Street to a
5/8" iron rod with a cap stomped 'PATE" set for the northwest comer of the
herein described tract, in the south right-of-way line of Interstate 30 .Access Road
(variable width right-of-way), from which a 5/8' iron rod found bears South 59'
22' West - 2.46%
THENCE along said Interstate 30 the following courses and distances
South 89' 25' 30" East - 300.00' to a 5/8" iron rod with a cap stamped
"PATE` set for an angle corner of the herein described tract;
South 7fi' 44' 41" East - 102.50' to a 5/8" iron rod with a cap stamped
"PATE` set for an angle corner of the herein described tract;
South 00' 34' 30" West - 12.30' to a 5/8" iron rod with a cup stamped
"PATE` set for an angle corner of the herein described tract;
South 76' 44' 40" East - 67.13' to a 5/8" iron rod with a cap stomped
"PATE` set for an angle corner of the herein described tract;
South 38' 05' 05" East - 31.23' to a 5/8" iron rod with a cap stamped
"PATE" set for an angle corner of the herein described tract;, in the west
right-of-woy of aforesaid Horne Street;
THENCE South 00' 34 30" West - along the west right-of-way line of said Horne
Street, passing at a distance of 67.08' a 5/8" iron rod which bears South 894 25'
30" East - 15.00' found for the northeast corner of the northerly 15'
right-of-way dedication as shown on aforesaid plat of Chamberlin Heights (Cab. B,
Slide 2279), and passing at a distance of 272.08' a 3/8" iron rod which bears
South 89' 25 30" East - 75.00' found for the northwest corner of the 10'X1O'
right-of-way dedication as shown or, aforesaid plat of Chamberlin Heights (Cab. A,
Slide 10318), continuing along the west right-of-way line of sold Horne Street for
a total distance of 397.08' to the Point of Beginning of the herein described tract
and containing 5.127 acres of land.
HAMBERLIN ARLINGTON HEIGHTS
LOTS 1R1 8c 1R2, BLOCK 113R
A REPLAT OF LOT 1, BLOCK 113R
CABINET B. SLIDE 2279
BEING 5.127 ACRES
LOCATED IN THE
J.A. BOWERS SURVEY, ABSTRACT NO, 87
CASE NUMBER: FS-008-007 AN ADDITION TO THE
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS.
OPER: WEINGARTEN/INVESTMENTS, INC., PATE ENGINEERS
A TEXAS CORPORATION
2600 CITADEL PLAZA DR., SUITE 300 2201 BROOKHOLLOW PLAZA DRIVE, SUITE 445, ARLINGTON, TEXAS 75227
HOUSTON, TEXAS 77008 TEL: (817)695-4994 FAX (817) 695-5888
PHONE: '713) 866-6074 JOB NO. 074400600 SHEET / OF 1
FAX (713) 866-6066 DATE: AUGUST 01, 2008
CONTACT: MIKE TERECHENOK THIS PLAT IS FILED IN CABINET , SLIDE DATE:
Exhibit 66 t4lo
The only responsibi(ifiy the Gifiy of Fart Worth has in the operation and
maintenance of this Facility is inspection.
The structural and functional integrity of the Facility steal! be maintained at all
tImes by removing and preventing drainage interference, obstructions, blockages,
ar 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
1YATER IS ALLOWED in basins designed for dry detention purposes.
Accumulated litter, sedimen#, and debris shaft be removed every fi 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 mewed monthly between the months of April and
October or anytime vegetation exceeds 12-inches in height.
To preven# debris from entering and clogging the downstrearn storm sewer
sIstem a wire mesh screen or similar screening device shall be installed over the
outlet until final acceptance.
Visual inspections of all components will be conduc#ed 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, lifter and debris removal dates. Document
aeration of the basin bottoms and replanting to prevent the sealing of the
basin bottom.
m 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 fAC0.kTY MAINTENANCE AGREEMENT
Rev. 01/0912007
11 9AN
rREQUENT
REPAIRS
REPAIRS
DATE
NOTES
INSPECTION
REQUIRED
MADE
mowing
Remove Trash and
debris
Inspect irrigation
system operation
Remove grass
clippings
Violations Noted
•r.
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_
MINOR
INSPECTION
Condition of Pond
Amount of silt in
pond
Li111wmount Ci1t in
`nf
flume
Amount of ponded
water
Amount of wetland
vegetation
Location of Erosion
Percent of
vegetation
Condition of trash
ward
Location of Erosion
MAJOR
INSPECTIONS
Condition of Storm
Water Quality
Structure
Type of Storm
Water Quality
Structure
Structure type and
Condition
Condition of
Rip -
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01/08/2007
Rap
Condition of
filtrations stem
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORM WATER FACILITY MAINTENANCE AGREEMENT � d
Rev. Oi/49;2407
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The anly responsibility the City of Fort Worth has in the operation and
maintenance of this Facility is inspection.
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, sedimenfi, 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.
• 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 8
Rev. 01 /09/2007
FREQUENT
INSPECTION
DATE
REPAIRS
REQUIRED
REPAIRS
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
pond
M 1Vuf t VI SIR III
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 Storm
Water Quality
Structure
Type of Storm
Water Quality
Structure
Structure type and
Condition
Condition of Rip -
STORM WATER FACILITY MAINTENANCE AGREEMENT 9
Rev. 01 /09/2007
Rap
Condition of
filtration system
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORM WATER FACILITY MAINTENANCE AGREEMENT 1 Q
Rev. 01 /09/2007
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Page 1 of 1
DATE: Tuesday, July 29, 2008
LOG NAME: 30WEINGARTEN
SUBJECT:
Authorize the Execution of One Stor
Investments, Inc., for Property Located
City of Fort Worth (DOE No. 5733)
RECOMMENDATION:
�_
A
REFERENCE NO.: �'�C-22941
m Water Facility Maintenance Agreement from Weingarten
at 2740 Horne Street in West Fort Worth, at No Cost to the
It is recommended that the City Council authorize the execution of one Storm Water Facility Maintenance
Agreement from Weingarten Investments, Inc., for property located at 2740 �iorne Street, in west Fort
Worth, at no cost to the City of Fort Worth.
DISCUSSION:
The maintenance agreement is necessary to assure proper maintenance of two storm water facilities by the
owner, Weingarten Investments, Inc. (WII). WII will be responsible for all maintenance costs associated
with their storm water facilities.
The storm water facility will serve the Chamberlain Arlington Heights Addition. The facility is necessary to
limit storm water run-off generated in the subdivision to pre -developed conditions, and to reduce the
possibility of flooding to residents downstream of the watershed. The facility is located south of Interstate
30 West, and west of Horne St.
The facility is located in COURICIL DISTRICT 7, Mapsco 74M.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers
Submitted for City Manager°s Office by:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Fernando Costa (8476)
A. Douglas Rademaker (6157)
Willie F. ,Ingram (6645)
http://www.fortworthgov.org/council�acket/Reports/mc�rint.asp 7/28/2008
ADOPTION OF RESOLTITIONS
OF
VV , NGARTEI M"Ji STAI rNTS, INC.
Tlie undersigned, befog all of the Board of Directors for Weingarten/Investalents, Inc., a Texas
corporation (tile "Corporation") hereby adopt, ratify, and confirm by execution of this written consent, the
following resolutions and actions;
Iti♦1SOLVI;D, that any one of the Corporation's Chairman, Vlae Chairman, Chlef Executive
Officer, Executive Vice Presidents, and each of the following Senior Vice Presidents: M.
CANDACE DUFOUR and .iEFFREY A. TUCIMR, shall have the power and authority to talce
actions on behalf of the Corporation and to bind the Corporation in business transactions in
which the amount involved does not exceed $50,000,000, and additionally ALAN it. KOFOED
shall have this power and authority with respect to only construction -related transactions in
which the amount does not exceed $30,000,000,
RESOLVED, that any business transactions in �vhicla the amounts hlvolved e:ccaed $50,000,000
shall require the consent of the sole sliareholder of the Corporation, which approval will bring
with it the further power and authority to designate the officers of die Corporation who are
authorized to carry out and implement such transactions;
RESOLVER, drat with respect to joint ventures, partnerships, limited partnerships, corporations,
limited liability companies, trusts and other entities, the dollar limitations stated in these
Resolutions will apply with respect to the amount of the equity and/or debt contribution which
the Corporation is obligated to make;.
�SOLVEIi, that any officer to wham authority has been granted pursuant to these Resolutions
shall have the authority to delegate all or any portion of the delegated authority to any other
Senior Vice President or Vice President of the Corporation on business transactions in which the
amount involved does not exceed $10,000,000, and to any other employee of the Corporation in
business transactions in which the amount involved does not exceed $1,000,000;
RESOLVE, D, that the transactions to which these Resolutions apply include, but are not limited
to, tIle fflllOWtn�, (subjeotto t1�e respeafivL dollar limitations and other limitations stated herein):
(i} Borrowing money (including incurring liability under Letters of Credit or Guaranty
Agreements) on a secured or unsecured basis and pledging ar rliot tg£iillg all Or any
portion of the Corporation's assets to secure such borrowing;
(ii} Purchasing or selling assets of the Corporation;
(iii) As landlord, entering into leases for terms of not nlora than 99 years (including atl
renewal options] and executing agreements relating to such leases;
(iv] As tenant, entering into leases covering not more than 200,000 square feet of building
float area far terms of not fnore than 50 years {including renc�val options) and entering
into leases covering not more than 40 acres of unimproved land for terms not exceeding
99 years (including all renewal options) and executing all agreements relating to such
leases,
{v) Authorizing the Secretary or Treasurer of th4 Corporation to open and close Corporation
bank accounts;
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