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HomeMy WebLinkAboutContract 39016 (2)• AaR • .. �ti STORM WATER FACILITY MAINTENANCE AGREEMENT =92L=, bU U I THIS AGREEMENT made and entered into thi's by and between Crowley Independent School District, acting by and through Greg Gibson, 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 19.009 acre tract located in the Isabel Flores Survey, Abstract No. 507, and Lot I, Block 1, Crowley Intermediate School No. 14 Addition, Fort Worth, Tarrant County, Texas according to the Plat recorded in Cabinet A, Slide 12729, Plat Records, Tarrant County, Texas and being more particularly described by metes and bounds in Exhibit "A", 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 Crowley Intermediate School No. 14 Addition, 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 all be constructed and adequately maintained by the Landowner, its successors and assigns, the location and dimensions of which is shown andtF OFFICIAL RECORD CITY SECRET,�� STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09/2007 1 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 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 STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09/2007 2 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 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 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 STORM WATER FACILITY MAINTENANCE AGREEMENT 3 Rev. 01/09/2007 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. 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, 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 Rev. 01/09/2007 � sc��a— " Executed this �� day of 20M. Landowner Crowley Independent School District Title :Superintendent OFFICIAL RECORD CITY SECRETARY STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09/2007 City City of Fort Worth Fernando Costa Assistant City Manager Approved as to Form and Legality Assistant Iffity Attorney ATTEST �-a3"11a �afttraCt author i zatioa Date STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on us+ �i 1&) by Fernando Costa, Assistant City Manager of the City of Fort Wor , on behalf of the City of Fort Worth. STATE OF TEXAS § COUNTY OF TARRANT § otary Public, State of Texas EVONIA DANIELSMY COMMISSION EXPIRES July 10, 2013 tLF6 Before me, the undersigned authority on Y"fi VP 2009, personally appeared Greg Gibson, 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 Crowley Independent School District, and that he executed the same as its Superintendent and as the act of such and for the purposes and consideration expressed in the foregoing instrument. Notary Public STATE OF TE 'k E pi tE,i My Comm. Exp. May 8, 20'; 0 j STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09/2007 Not,�r� Public, State of T EXHIBIT "A" Being a 0.919 acre portion of Lot 1, Block 1, Crowley Intermediate School No. 14 Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as shown by plat recorded in Cabinet A, Slide 12729, Plat Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch capped iron rod stamped "Goodwin Marshall" found for the northeast corner of said Lot 1, same being on the west right-of-way line of West Cleburne Road (a 30 feet wide right-of-way), ; THENCE South 00°13'09" West, a distance of 160.31 feet to a point; THENCE South 45°01'37" West, over and across said Lot 1 a distance of 43.28 feet to a point; THENCE South 89°50'05" West, a distance of 189.42 feet to a point; THENCE North 00°09'55" West, a distance of 175.23 feet to a point to the north line of said Lot 1; THENCE North 89°41'57" East, with said north line a distance of 104.44 feet to a 5/8" capped iron rod stamped "TNP" found for corner on the east right-of-way line of Oak Springs Lane (a 50 feet wide right-of-way); THENCE North 00°13114" East, with said east right-of-way line a distance of 16.11 feet to a 5/8" capped iron rod stamped TNP" found for corner on the north line of said Lot 1; THENCE South 89°46146" East, a distance of 116.65 feet to the POINT OF BEGINNING and containing 0.919 acres of land, more or less. Date: January 30, 2009 Ric y L. entry, R.P.L.S. Te as Registration No. 5519 RICKY L • GENTRY ....................o... A_ 5519 r SUR`� Bearings are based on the Texas State Plane Coordinate System, North central Zone (NAD83) Integral parts of this survey: a. Legal Description b. Sketch Sheet 1 of 2 0 30 60 120 SCALE: 1 " = 60' i STONE MEADOW ADDITION CAB. A, SLIDE 11094 P.R.T.C.T. LOT 12 LOT 13 0.919 ACRE STORM WATER DETENTION FACILITY NOTES: 0� �� O 0 LOT 11 3 � � M N Q� � O O O Z N00' 1� EXHIBIT "A" --�I BRIDGESTONE DRIVE W _ (50' RIGHT-OF-WAY) } — — � o CY � I LOT 47 p• � c, I � o I �� I I � v eo O LOT 46 3'14"E (LINE FOR DIRECTIONAL CONTROL .1 1' \ 1 S89°46'46"E 1 16.65' 1, d � �a I WTI i o a �� � o v� W � POINT OF BEGINNING 9'411'57"E � \ �cooDwlN Qtl.,4.t�' S/8" CIRF MARSHALL" "TNP" I 3 1�_ S89'S0'05 LOT 1, BLOCK 1, CROWLEY INTERMEDIATE SCHOOL No. 14 ADDITION CAB. A, SLIDE 12729 P.R.T.C.T. 1. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD>33). 2. Integral parts of this survey: a. Legal Description b. Sketch RI Y .GENTRY, R.P.L.S T xas egistration No. 5519 January 30, 2009 Date: ��..0 F...T� ,tQ:"�G \ � RFO 9 �: � :s ............................. RICKY L GENTRY ..Y................. 'tA 5519 �i�. P• � :"�p�FE S 5 � O �:� OQ' � � M � a M tC '- O O N �o'` ��` I I . u� aM J � Vl �a~ O 0 U w�~ � � M �� Z W J �O J _� 0.919 ACRE STORM WATER �ETENTI�N EACI�ITY Situated in LOT 1, BLOCK 1 Crowley Intermediate School No. 14 Addition City of Fort Worth Tarrant County, Texas 41 L:\PROJECTS\CSD �� TEACUE HALL AND PERK/NS - -- Civil Engineering Surveying Landscape Architecture Planning iNc. 1100 Macon Street Fort Wortl>; TX 76102 y\easements\STORM WATER DETENTION.dwg (817) 336-5773 SHEET 2 OF 2 Exhibit • V 1 •- •- • - e - . 1 - 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 12-1nches 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. 01/09/2007 Exhibit "D" Storm Water Structural Maintenance CHECKLIST 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 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 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 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 � 0 Rev. 01 /09/2007 0 30 BO f20 SCALE: 1' = 60' 1 ..3 1CrrY OF FORT WORTH, TEM ,1 I IEAGUENALLANDPERK/NS EMG/N[ERS � 37MYlPORf � flUl/fU1Tl1!!IZ eeponehre Service. Re!leble Results /tic. Wwyytnp-onOnecom 1100 Macon street Fart Werth, Taxes 70102 P1ase:r/1])xde-61Td F4x:(s11)dt6-xefd tE� g6scBlPnoN Belny a 19A09 acre foci of land st nit d NMie }he Isabel Independent choocf No. 50], and being sad that some Ins of land o. D20ed to 2. Deg IRecpeMnt School 01stric1 by dead recorded In Instrument rib 0by males Dead Records, Taman: County, Texas, and being more padlwlariy described by males and booths as follows: BEGINNING of a 1/2 inch Iron rod found for the southeast comer of said Hubn Nual, and Wing the southwest comer of a,toct of land described to Golden Springs, LP., by bad retarded In Instrument No, D204369016, of said Dead Records, some being also on the north dght-ef-way line of West Cleburne Road (a variable width dpht-of-way); THENCE South OW50'05' Wast, with sold north right-of-way line, a distance of 1.129.93 feat to a P.K. nail set In asphalt for owner on the east right-of-way One of South Nolan street (a 120 feet wide right-of-way); THENCE North OTI9'26' West, with sold toil dghl-of-ray line, a distance of 844.55 fast Io a 1/2 Inch Iron red Nfh cap stamped 'Goodwin Morshd'found for comer, me being the •outnwast comer of Store Meadow Addition, on addition to the City of Fori Worn, as shown by plot recorded In Cabinet A. Slide 1t094, Plot Recorder Tortoni Count', Texas; THENCE with the southerly Me of sold addition, the following courses and distances: Nodh 89'42'09' East, a distance of 110.00 feet to a 5/8 Inch Ion rod with sap stamped 'TtIP' sat for comer on the west right of way line of Boulder Canyon Trau (a 50 foot wale dyhl-of-war): South 00'17'48' East, with sold wool right-of-way, a distance of 7.06 feel In a 5/8 Inch Iron red with cop stamped TNP' set for the soufhereat comer of sold Boulder Canyon Troih North 8Y42112' East, Passing of a distance of 50.04 feat, a 1/2 Inch Iron red r) h cap stomped 'Goodwin Manhair found for the southeast Owner of acid Boulder Canyon Trail, a total distance of 160.00 feet to a 1/2 Inch Ion had with cap stomped 'Gaodwln Marshall' found for corner, win 00'17'01' East, a distance of 165.52 feet to a 1/2 inch Iron rod with cop stamped 'Goodwin Nanholi' found for comer, Nodh 89'42'27m East, a distance of 110.00 foal to a 1/2 inch Iran red with cap stamped 'Goodwin 4arzhair found for comer m the wext right -of -ray lino of orchard Creek Road (e 50 feet wide right of -way); South 00'17'33' Ecst, a distance of 15.00 fast to a 5/8 Inch ion rad with cop stomped TNP' set for the southwest comer of sold right-of-way: North 89'42'27' East, a distance o1 50.00 feet to a 5/8 Inch iron rod with cap stamped 'INP' sat for the southeast comer of said right -of -war, Nodh 00'17633' West, a distance of 40.68 feet to a 1/2 Inch Ion rod found wPh cap stamped 'Goodwin MareacIr for comer, North 89'41'57' East, a distance of 560.02 feat to a 5/0 Inch- Ion red with cop stamped 'TNP' sat for comer, will 1WiVist" East, a distance of 16.11 feat to a 5/8 Inch Iron rod with cap stamped "P' set for corner, Swath 89'46'46' East, passing at a distance of 116.65 feet a 1/2 Inch Iran rod with cop stamp" 'Goodwin Marsfwil'found on tha woof right-of-way One of of Cleburne Road (o variable Nditz dghl-of-wry), a total distance of 146.65 at to P.K. nail sat in osphaft for comer on the east line of said Nolen loch Thence South 00'13'09' Wast, with said east line, a didlantt of 715.09 feat to the POIfN OF BEGINNING and containing 19.009 acres of bred, non or less. NOTES I. ins City cf Fat Warih nos an mdnmtt 'vnpiementing /ne ent and cdleclim of water and wazleealw 6hpacl fees. the totals cmounl to be a seed is established a of the dale of ins (ding of lM1is plat and Is b =_ed upon the the a is[Ng Schedule I to the ent dote t fee uS once the aisum! r he dote is established mrthe cote the Wcste permit a for the dote of c eclbn to e the water rind/w Schedule V to t e cirr smrosmac and is based upon me then existing SAedufe C to the current Impact fee w4nmce. 2. Duadma Permits: No buarfrg permits shm be issued for any lot an this Subciivr7m vita appropriate CFA or other acceptable prorry s we mode for the answclim of any opplicable rater, asset, storm &or, street lights, skew¢ks, or poring 'vnpr6vements; and apptoval is first obta"ned from the y of Fort Wwmh 3. Consw<t,cn Pronfiited O.er Easements No permanent buaa;ng or structures shn'i be constructed over any siztng or plotting voter, sanitary se err dra%nage, gas, el nc, calve w ruiner aunty eaaemmd of any trpen 4. Sidevdks for reeuked atp with to bolo aides of as public m privvte streets, Design mmidsman with the S"4exuk Pdicy per City Decimmml Desgn Stmdadds'. 5. Tree Svnelcr, as revived by stale law, is respans3:e for the svnering Information only and bears no rezpmsbRity far the ciactirocy of ins mgneomg data shorn on this plat 6. Ppkway knprazemmts such as curb & gutter. pavement lie -in, drive opprrochas, sideao! s and drainage 'valets may be req,rced at lime of budd'.�q permit isamca vio a porkway Permit. City of Fort Worth shut not be respmsVe far maintenance of pr""rote streets. drives, emergency access wrements, recreation areas, open spaces and drocage fortifies, and sad owners agree to indemnify and so a harmless the City of Fort Worth. Texas. it= dams, domages antl losses msing out of or from performance of the oCtigallons of said runners set forth is this paragraph. FINAL PLAT LOT 1, BLOCK 1 CROWLEY INTERMEDIATE SCHOOL No. 14 ADDITION TO THE CITY OF FORT WORTH, BEING 19.0Q9 ACRES SITUATED IN THE ISABEL FLORES SURVEY, ABST. No.507 TARRANT COUNTY, TEXAS. DECEMBER, 2007 kj A E M&C Review Page 1 of 1 COUNCIL ACTION: Approved on 8/11/2009 Official site of the City of Fort Worth, Texas FFQRT WORT11 DATE. 8/11/2009 REFERENCE C-23712 LOG NAME: 20ROWECROWLEYISD14 NO.. CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING, SUBJECT: Authorize a Storm Water Facility Maintenance Agreement with the Crowley Independent School District for Property Located at 8400 Cleburne Road Near the Intersection of Cleburne Road and Bridgestone Drive at No Expense to the City of Fort Worth RECOMMENDATION: It is recommended that the City Council authorize the execution of a Storm Water Facility Maintenance Agreement with Crowley Independent School District for property located at 8400 Cleburne Road near the interchange of Cleburne Road and Bridgestone Drive. DISCUSSION: Crowley Independent School District is the owner of a 0.919 acre tract of land upon which it will construct one storm water facility. The storm water facility will serve the Crowley Independent School District School No. 14 addition. This facility is necessary to limit storm water run-off generated on the property to pre -developed conditions and to reduce the possibility of flooding to residents downstream of the watershed. The terms of the Maintenance Agreement assure the proper maintenance of one storm water facility by Crowley Independent School District at no cost to the City. The facility is located at 8400 Cleburne Road near the interchange of Cleburne Road and Bridgestone Drive. The facility is located in COUNCIL DISTRICT 6, Mapsco 103Q. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: ATTACHMENTS 20ROWECROWLEYISD14.pdf FROM Fund/Account/Centers Fernando Costa (8476) William A Verkest P.E. (7801) Lester England (8366) http://apps.cfwnet.org/council_packet/mc review.asp?ID=11997&councildate=8/11/2009 8/17/2009