HomeMy WebLinkAboutContract 53298 CSC No. 53928
May 26, 2020
8:33 am
City Project# 101565
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of May 20
by and between Pate Ranch Single Family, L.P. , acting by and through_Julian Hawes,
Jr., 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_2.214 acre tract located in the _John F. Heath_ Survey, Abstract _641_,
Tarrant County, Texas according to the deed recorded in County Clerk Document Number
_D215250077_, 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 Tavolo Park (City Project
#101565) 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
rK,STORMWATER FACILITY MAINTENANCE AGREEMENT r�E 1�R�iRev.11/17/2016 14 w 1 R AJOR' " -rY
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
Rev.11/17/2016 4
A
Executed this 90 day of 2(l1-0
Landowner City of Fort Worth
Pate Ranch Single Family, L.P. Dana Burghdoff(May 20,z 12:18 CDT
a Texas Limited Partnership NnA&fi e�FF
Assistant LILY Manager
By: PRA Pate Ranch GP, LLC
a Texas Limited Liability Company Approved as to Form and Legality
it's Administrator
Chrisfa R. /_W -Reynolds
By: Christa R.Lopez-Reynolds(May20,202011:16 CDT)
me: li awes,fir. Assistant City Attorney
ttle• ice resident
ATTEST "{
City SecretaryX .
f
FICIAL RECOR U,
TY SECRETARY
ReORMWATOE 6 FACILITY MAINTENANCE AGREEMENT L WORTH, TX
Y i
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STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on May21,2020 by
lbav%4NO =Assistant City Manager of the City of Fort Worth. on behalf of the City of
Fort Worth. A p
LAURIE Digitally signed by LAURIE w ^„
PEQUENO LEWIS W R
PEQUENO LEWIS Data:2020.05.2108:03:27-05'00'
za_xWF�J
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Notary Public, State of Texas �m
�ZNgE
a �
STATE OF TEXAS §
COUNTY OF DALLAS §
Before me, the undersigned authority on this( day of-11 VV1--�- ,
20�(Q personally appeared _Julian Hawes, Jr., 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 Pate Ranch Single Family L.P. , and that he executed the same as its Authorized
Representative` and as the act of such Limited Partnership and for the purposes and
consideration expressed in the foregoing instrument.
�tittPY PU��
KAYLA FINSTEIN Notar ublic, State of Texas
�F.... 9
-� Notary Public,State of Texas
'Q Comm.Expires 06-14-2022
`nt..vl Notary ID 131605529
OFFICIAL RECOkL
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SEC�ETARh (�Rev.11/17/2016
FT. WORTH,TX
Contract Compliance imanager
By sininr I acknowledge tliat I tent the person responsible
for the monitoring and administration of this contract,including
•an;sttring all perform nnec and rePnntin,requirements.
�116[,,.tV Janie S. (IifornIcs
Dcvelopment Services Nfana�,jer
rOFNCF
IAL RECuCRE
EXHIBIT "A"
PERMANENT DRAINAGE FACILITY EASEMENT
A PART OF THE J. HEATH SURVEY, ABSTRACT NO. 641,
CITY OF FORT WORTH, TARRANT COUNTY TEXAS
PROPERTY DESCRIPTION
BEING a tract of land situated in the J. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County,
Texas, being a portion of that certain tract of land described as Tract C-1, by deed to Pate Ranch Single Family,
LP, recorded in County Clerk's Document Number D215250077, Deed Records, Tarrant County, Texas, and being a
portion of that certain tract of land described as Tract C, by deed to Pate Ranch Single Family, LP, recorded in
County Clerk's Document Number D215248528, Deed Records, Tarrant County, Texas, said tract of land being
more particularly described by metes and bounds as follows:
COMMENCING at a found P.K. Nail with shiner stamped "DUNAWAY ASSOC. LP" set in concrete by metal fence
post in the southerly right—of—way line of Altomeso Boulevard (a variable width right—of—way), the northwest
corner of that certain tract of land described as Tract B-1 to Pate Ranch Commercial, LP, recorded in County
Clerk's Document Number D215248527, Deed Records, Tarrant County, Texas and in the easterly line of that
certain tract of land described as Tract 1 in the deed to S.W. Richardson, recorded in Volume 1846, Page 459,
Deed Records, Tarrant County, Texas, from which the northeast corner of said Tract 1, S.W. Richardson tract
bears North 20'33'54" West, a distance of 47.28 feet to a wooden cross—tie fence post;
South 20'33'54" East, departing the southerly right—of—way line of said Altamesa Boulevard and with the
common line of said Tract B-1 and S.W, Richardson tracts, a distance of 1,691.73 feet to a point for the
northwesterly corner of said Tract C, the north corner of said tract C-1 and being in the centerline of
future Bryant Irvin Road (proposed 110' width public right—of—way);
South 88'10'20" East, with the northerly line of said Tract C, a distance of 56.36 feet to the POINT of
BEGINNING of the herein described tract;
THENCE South 88'10'20" East, continuing with the northerly line of said Tract C, a distance of 85.82 feet to a
point;
THENCE South 01'53'28" West, departing the northerly line of said Tract C, a distance of 231.88 feet to a point
for the beginning of a curve to the left having a central angle of 00'36'19", a radius of 2,265.00 feet and a
chord bearing and distance of South 01'35'18" West — 23.93 feet;
THENCE with said curve to the left in a southwesterly direction, an are length of 23.93 feet;
THENCE South 89'13'13" East, a distance of 115.00 feet to a point for the beginning of a non—tangent curve to
the left having a central angle of 00'31'59", a radius of 2,150.00 feet and a chord bearing and distance of South
01'02'47" West — 20.00 feet;
THENCE with said curve to the left in a southwesterly direction, an arc length of 20.00 feet;
THENCE North 89'13'13" West, a distance of 115.00 feet to a point for the beginning of a non—tangent curve to
the left having a central angle of 12'24'54", a radius of 2,265.00 feet and a chord bearing and distance of South
05'25'40" East — 489.83 feet:
continued....
C, RFO J'
STEPHEN R. GLOSUP
�'•;� 5570 OA- P;:�
ti SURj
A drawing of even date accompanies ~ DUNAWAY
this metes and bounds description. 550 Bailey Avenue •Suite 400• Fort Worth,Texas 76107 /�3/�9
Tel:817.335.1121 PAGE 1 OF 4
DATE: FEBRUARY 13, 2019 FIRM REGISTRATION 10098100 DUNAWAY JOB NO. B001951.018
EXHIBIT "A"
PERMANENT DRAINAGE FACILITY EASEMENT
A PART OF THE J. HEATH SURVEY, ABSTRACT NO. 641,
CITY OF FORT WORTH, TARRANT COUNTY TEXAS
PROPERTY DESCRIPTION
THENCE with said curve to the left in a southeasterly direction, a passing arc length of 76.07 feet to a point in
the south line of said Tract C and crossing into said Tract C-1 for a total arc length of 490.79 feet to a point
for the beginning of a non—tangent curve to the right having a central angle of 05'29'22", a radius of 1,050.00
feet and a chord bearing and distance of North 74'28'38" East — 100.56 feet;
THENCE with said curve to the right in a northeasterly direction, an arc length of 100.60 feet to a point;
THENCE North 77'13'19" East, a distance of 14.69 feet to a point;
THENCE South 32'49'17" West, a distance of 14.29 feet to a point;
THENCE South 77'13'19" West, a distance of 4.48 feet to a point for the beginning of a curve to the left having
a central angle of 06'47'01", a radius of 1,040.00 feet and a chord bearing and distance of South 73'49'49" West
— 123.06 feet;
THENCE with said curve to the left in a southwesterly direction, an arc length of 123.13 feet;
THENCE South 70'26'18" West, a distance of 75.88 feet to a point;
THENCE North 63'40'10" West, a distance of 13.92 feet to a point for the beginning of a non—tangent curve to
the right having a central angle of 32'14'58", a radius of 1,445.00 feet and a chord bearing and distance of
North 01'27'15" West — 802.64 feet;
THENCE with said curve to the right in a northwesterly direction, a passing arc length of 718.55 feet to a point
in the north line of said Tract C-1 and crossing into said Tract C, for a total arc length of 813.33 feet to the
POINT OF BEGINNING and containing a calculated area of 96,475 square feet or 2.214 acres of land.
NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone,
4202, based upon GPS measurements, according to the GPS Reference Network.
The metes and bounds description contained herein was compiled from information contained in recorded
documents and does not reflect the results of an on the ground survey.
A drawing of even date accompanies this metes and bounds description.
DUNAWAY JOB NO. 6001951.018 PAGE 2 OF 4
jV4zz_W6' . EXHIBIT"A"
Steph R.Glosup� t� F•.TF PERMANENT DRAINAGE
Registered Professional Land Surveyor ti;•�G 5 T fRF9 FACILITY EASEMENT
Texas Registration No.5570 ��? o;`l'
February 13 2019 STEPHEN R. GLOSUP A PART OF THE TRACT OF LAND
RECORDED IN C.C.D. NO,
Aql-- DUNAWAY9:�oF5570o�,��:o D215248528 AND D215250077,
'Y •••;;;;•••
p S t)R v�' DEED RECORDS,TARRANT
550 Bailey Avenue •Suite 400 • Fort Worth,Texas 76107 COUNTY,TEXAS
j Tel:817.335.1121 Situated In the J. Heath Survey, Abstract No. 641,
FIRM REGISTRATION 10098100 City of Fort Worth, Tarrant County, Texas.
I
EXHIBIT "A"
PERMANENT DRAINAGE FACILITY EASEMENT
A PART OF THE J. HEATH SURVEY, ABSTRACT NO. 647,
CITY OF FORT WORTH, TARRANT COUNTY TEXAS
POINT OF
x—TIE COMMENCING
FENCE PK NAIL WITH SHINER FOUND
POST STAMPED 'DUNAWAY ASSOC. LP"
ALTAMESA BOULEVARD
N20'33'54"wf (VARIABLE WIDTH RIGHT—OF—WAY)
47.28' —
TRACT 1 �No TRACT B-1
S.W. RICHARDSON i0 "'W PATE RANCH
VOLUME 1846, COMMERCIAL, LP
PAGE 459 C.C.D. NO.
D.R.T.C.T. D215248527
D.R.T.C.T.
S20'33'54"E� / S88'10'20"E
56.36' R JENNETTE
1691.73' TRUSTEE OF THE
S88'10'20"E ALDERSGATE TRUST
85 82' C.C.D. NO. 218064716
D.R.T.C.T.
POINT O
BE J o�v0
P
TRACT 1 L2
S.W. RICHARDSON U TRACT C
VOLUME 1846, L3
PAGE 459 PATE RANCH
D.R.T.C.T. SINGLE FAMILY, LP
C.C.D. NO.
D215248528
U \ D.R.T.C.T.
FUTURE BRYANT " -
IRVIN ROAD
(PROPOSED 110' TRACT C-1 0 200'
WIDTH PUBLIC ROW PATE RANCH SINGLE
1 FAMILY, LP
1 C.C.D. NO. D215250077 SCALE FEET
D,R.T.C.T. 1"= 200'
L4
96,475 SQUARE FEET Ca
2.214 ACRE L5
PERMANENT DRAINAGE C5
FACILITY EASEMENT �� L6 F T
C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER C)��'
D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS STEPHEN R. GLOSUP
P.R.T.C.T. = PLAT RECORDS, TARRANT COUNTY, TEXAS r�;�P 5570
A metes and bounds description of -**z DUNAWAY S U R
even date accompanies this drawing. 550 Bailey Avenue •Suite 400• Fort Worth,Texas 76107 ,/
Tel:817.335.1 121 7�3� PAGE 3 OF 4
DATE: FEBRUARY 13, 2019 FIRM REGISTRATION 10098100 DUNAWAY JOB N0. 8001951.018
EXHIBIT "A"
PERMANENT DRAINAGE FACILITY EASEMENT
A PART OF THE J. HEATH SURVEY, ABSTRACT NO. 641,
CITY OF FORT WORTH, TARRANT COUNTY TEXAS
LINE TABLE
Line# Line Bearing Line Length
L1 Sl•53'28"W 231.88
L2 S89°13'13"E 115.00
L3 N89°13'13"W 115.00
L4 N77°13'19"E 14.69
L5 532'49'17"W 14.29
L6 S77"13'19"W 4.48
L7 S70°26'18"W 75.88
L8 N63°40'10"W 13.92
Curve Table
Curve # Length Radius Delta Chord Bearing Chord Distance
Cl 23.93' 2265.00' 0°36'19" Sl°35'18"W 23.93'
C2 20.00' 2150.00' 0°31'59" Sl'02'47"W 20.00'
i
C3 490.79' 2265.00' 12°24'54" 55.25'40"E 489.83'
C4 100.60' 1050.00' 5°29'22" N74°28'38"E 100.56'
C5 123.13' 1040.00' 6°47'01" S73'49'49"W 123.06'
C6 813.33' 1445.00' 32"14'58" N1"27'15"W 802.64'
OF
l�••G S 7 fR'•�y
Q� Fa J,
STEPHEN R. GLOSUP
� ;� 5570 P;•�
:r DUNAWA SUR,
A metes and bounds description of y
even date accompanies this drawing. Sso Bailey Avenue • Suite 400•Fort Worth,Texas 76107
Tel:817.335.1 121 is/Q PAGE 4 OF 4
DATE: FEBRUARY 13, 2019 FIRM REGISTRATION 10098100 DUNAWAY JOB NO. B001951.018
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