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HomeMy WebLinkAboutContract 54315 08/20/2020 CSC No.54315 1:16 PM DOE # N/A DRAINAGE CHANNEL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of August2020 by and between Texas Christian University, acting by and through Brian G. Gutierrez , 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_1,207,875`square foot tract located in W H Hudson Survey, Abstract No. 717, Fort Worth, Tarrant County, Texas according to the Plat recorded in D218051013, Public 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 TCU Creative Commons, hereinafter called the "Plan", which is expressly made a pant 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, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit"A" ("Facility Property"); and; OFFICIAL RECORD DRAINAGE CHANNEL MAINTENANCE AGREEMENT CITY SECRETARY Rev,7/2006 FT. WORTH, TX 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 Drainage 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 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 Drainage Charnel 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 DRAINAGE CHANNEL MAINTENANCE AGREEMENT 2 Rev.7/2006 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 EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, DRAINAGE CHANNEL MAINTENANCE AGREEMENT 3 Rev.7/2006 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 DRAINAGE CHANNEL IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE CHANNEL AND ITS BANKS, (2) SLOPE FAILURE OF THE BANK OF THE CHANNEL, AND (3) AND FAILURE OF THE CHANNEL 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 channel outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the drainage channel, 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. S. 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. DRAINAGE CHANNEL MAINTENANCE AGREEMENT 4 Rev.7/2000 Executed this end day of August 20 xf' Landowner City Texas Christian Universi City of Fort Worth DGllm XalwGLGtO741 Dana Burghdoff(A g 2,2020 804 EDT) lame,: Brian G. Gut- rr z Wnq&Cit y ty Manager Title : Vice Chancellor for Finance and Administration Approved as to Form and Legality Christ.R.L°pez-Reyn°Ids(J.131,210b 14' T Assistant City Attorney govonQU a44tt{{PORT��a pQa°OO °O�P ATTEST P�° o•id PVo 0=4 � ��"e" U Pa44 aEXASo� City Secretary OFFICIAL RECORD DRAINAGE CHANNEL MAINTENANCE AGREEMENT CITY SECRETARY 5 Rev.7/2006 FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on August 17, 2020 by bAnA dunjA&F Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. LAURIE PEQUENO Digitally signed by LAURIE PEQUENO LEWIS 14R LAURIE PEQUENO LEWIS LEWIS Date:2020.08.1710:49:20-OS'00' Notary PublicSTATE OF TEXAS Notary Public State of Texas Notary I.D. 132278952 My Comm.Exp.Dec. 10,2023 STATE OF TEXAS § COUNTY OF TARRANT § Before t e, the undersigned authority on this day personally appeared t h ��rte-27D of Texas Cliristian University, 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 artd that he executed the same as its _( and as the act of such j nn and for the purposes and consideration xpressed in the foregoing instrument. TE ci7.p�o•. NOTARY PUBLIC �$°`• '�fi NQ7ARY Pt18L1C 1 10#7470104 Statexp.I1ITexas Notary Pu c, State of T is +� Comm.E .fi•12.2023 OFFICIAL RECORD DRAINAGE CHANNEL MAINTENANCE AGREEMENT CITY SECRETARY 6 Rev_7/2006 FT. WORTH, TX Coil tractComPlian eImananel By signing I acknowledge that I ara the person responsible for the monitoring aljd administration of this contract,hicluding ensuring all perfoiTnancc aad.repoctinr requirements, �,�. �,�,-i✓.lanie S, i!ilorales Develupn-Lent Scr ices Lilx=ger OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT "A" INSERT LEGAL DESCRIPTION DRAINAGE CHANNEL MAINTENANCE AGREEMENT 7 Rev.7/2006 EXHIBIT "A" LEGAL DESCRIPTION DRAINAGE EASEMENT Being a tract of land in the in the WH Hudson Survey, Abstract No. 717 in the City of Fort Worth, Tarrant County, Texas and being a portion of Lot 1 R1, Block 4, TCU Addition, an addition to the City of Fort Worth, Texas as recorded in Document No. D218051013 Official Records of Tarrant County Texas and being particularly described as follows: Commencing at a marked DOT in circle on concrete at an ell corner of said Lot 1 R1 and being at the southwest corner of Greene Avenue as per said TCU Addition; THENCE North 89 degrees 25 minutes 46 seconds East, along a northerly line of said Lot 1R1, a distance of 6.53 feet to the POINT OF BEGINNING; THENCE North 89 degrees 25 minutes 46 seconds East, continuing along said northerly line, a distance of 38.98 feet to a point for corner; THENCE South 00 degrees 37 minutes 31 seconds East, departing said northerly line, a distance of 35.81 feet for the point of curvature of a circular curve to the right, having a radius of 45.00 feet, whose chord bears South 44 degrees 25 minutes 18 seconds West, a distance of 63.64 feet; THENCE Southwesterly, along the arc of said circular curve through a central angle of 90 degrees 00 minutes 16 seconds, an arc length of 70.69 feet to a point for corner; THENCE South 89 degrees 25 minutes 26 seconds West, a distance of 79.58 feet for the point of curvature of a circular curve to the left, having a radius of 25.00 feet, whose chord bears South 64 degrees 54 minutes 29 seconds West, a distance of 20.75 feet; THENCE Southwesterly, along the arc of said circular curve through a central angle of 49 degrees 01 minutes 55 seconds, an arc length of 21.39 feet to a point for corner; THENCE South 40 degrees 23 minutes 31 seconds West, a distance of 69.74 feet for the point of curvature of a circular curve to the left, having a radius of 3.00 feet, whose chord bears South 12 degrees 54 minutes 08 seconds East, a distance of 4.81 feet; THENCE Southeasterly, along the are of said circular curve through a central angle of 106 degrees 35 minutes 19 seconds, an arc length of 5.58 feet to a point for corner, THENCE South 66 degrees 11 minutes 47 seconds East, a distance of 10.62 feet for the point of curvature of a circular curve to the right, having a radius of 20.00 feet whose chord bears South 53 degrees 06 minutes 19 seconds East, a distance of 9.06 feet; 1of3 THENCE Southeasterly. along the arc of said circular curve through a central angle of 26 degrees 10 minutes 57 seconds, an arc length of 9.14 feet to a point for corner; THENCE South 40 degrees 00 minutes 51 seconds East, a distance of 45.00 feet to a point for corner; THENCE South 89 degrees 25 minutes 26 seconds West, a distance of 42.48 feet for the point of curvature of a circular curve to the left, not being tangent to the preceding course, having a radius of 35.45 feet, whose chord bears North 51 degrees 36 minutes 01 seconds West, a distance of 43.38 feet; THENCE Northwesterly, along the arc of said circular curve through a central angle of 75 degrees 27 minutes 11 seconds, an arc length of 46.68 feet to a point for corner; THENCE South 89 degrees 25 minutes 26 seconds West, a distance of 5.00 feet to a point for corner; THENCE North 00 degrees 34 minutes 34 seconds West, a distance of 20.34 feet for the point of curvature of a circular curve to the right, having a radius of 20.00 feet, whose chord bears North 19 degrees 54 minutes 29 seconds West, a distance of 14.00 feet; THENCE Northwesterly, along said circular curve through a central angle of 40 degrees 58 minutes 05 seconds, an arc length of 14.30 feet to a point for corner; THENCE North 40 degrees 23 minutes 31 seconds East, a distance of 89.81 feet for the point of curvature of a circular curve to the right, having a radius of 35.00 feet, whose chord bears North 64 degrees 54 minutes 29 seconds East, a distance of 29.05 feet; THENCE Northeasterly, along the arc of said circular curve through a central angle of 49 degrees 01 minutes 55 seconds, an arc length of 29.95 feet to a point for corner; THENCE North 89 degrees 25 minutes 26 seconds East, a distance of 83.70 feet for the point of a circular curve to the left, having a radius of 15.00 feet, whose chord bears North 44 degrees 25 minutes 26 seconds East, a distance of 21.21 feet; THENCE Northeasterly, along the arc of said circular curve through a central angle of 90 degrees 00 minutes 00 seconds, an arc of 23.56 feet to a point for corner; THENCE North 00 degrees 37 minutes 31 seconds West, a distance of 28.24 feet to a point for corner; THENCE North 28 degrees 20 minutes 04 seconds West, a distance of 8.56 feet to the POINT OF BEGINNING Containing 10,807 square feet or 0.2481 acres of land, more or less. 2 of 3 NY HIL :D rc Z W PROPOSED l POIN OF w &Id HER.ON EASEMENT BEGINNING ¢0 W a �P R - N89' 25' 46'E 6.53' I w U L N POINT OF to L 1-- -- PRINGETI q COMMENCING LO EN¢ MARKED DOT W/ CIRCLE ON CONCRETE (CM) I L 12�� L2 L11 C8 . , C7 VICIN11Y MAP N.T;.S -. C1 LOT 1R1, BLOCK4 A' LOT 1R1, BLOCK4 TCUADDITION L3 TCUADDITION INST. NO. D218051013 L 10 P.R.T.C.T. C2 �`�p I INST. NO. D218051013 1 %8" BRASS DISK IN C6 `--L4 ©�O P.R.T.C.T. CONCRETE STAMPED "TCU 0 BLOCK 4 4368" (CM)-- ,� L C4 ------------------------------ ----------- --- ..... -------- LD y 15' SANITARY SEWER PRINCETON STREET- `8 - -- - L6---------------------- ----••----------- EASEMEN ---- ----- --------------- INST. NO. D21805101J 15' SANITARY SEWER ; L7 EASEMENT I 15' WATER EASEMENT INS NO, D218051013 I INST N0. D218051013 t Parcel Table Parcel Table Parcel Table L7C No. L Direction/Delta R CD CL L/C No, L Direction/Oelto R C8 CL L/C No. L Direction/0etta R C8 CL C1 70.69 90'00'16- 45.00 S44'25' 18-W 63.64 L1 J8.98 N89'25'46 E L9 20,J4 NOV 34'J4'W C2 21.J9 49'0155- 25.00 564'54'291W 20,75 L2 J5.81 SOO'J7'J11E 00 69.81 N40'23'311E C3 5.58 106'J5'19' J.00 S12'54'08T 4.81 LJ 79.58 S89'25'261Y 01 8J.70 N89'25'261E 04 9.14 16'10 57' 20.00 S53'06' 191E 9.06 L4 69.74 540'2J'J 11Y L 12 28.24 NOO'37'31111' C5 46.68 7527'11' J5.45 N51'J6'01'W 4J38 L5 ia62 S66' 11'47T 01 8.56 N18 20'04V C6 1430 40'58'05' 20.00 N 19'54'291E 14.00 L6 45.00 S40'00'51 T C7 29.95 49'01'55' 35.00 N64'54'291E 29.05 0 42.48 S89'25'261Y C8 2J.56 90-00-00- 15.00 N44'25'261E 21,211 L8 5.00 S89-25'261Y a el A LEGAL DESCRIPTION GRAPHIC SCALE IN FEET ACCOMPANIES THIS EXHIBIT P-so' w EXHIBIT "B" LEGEND O POINT FOR CORNER eP 0.2481 ACRE FIR FOUND IRON ROD DRAINAGE EASEMENT (CM) CONTROL MONUMENT w EXISTING PROPERTY LINE Co` 1iiTF�1'�, �1 g SITUATED IN THE PROPOSED EASEMENT LINE o EXISTING EASEMENT LINE n ............... W WH HUDSON SURVEY, ABSTRACT NO. 717 1 .,,,,,e/.�., LHOUN °d O.R.T.C.T- OFFICIAL RECORDS TARRANT •��UVLA�i.••.^•.•"" Q IN THE COUNTY TEXAS a,e�N 6619 q'r 1"• z2 CITY OF FORT WORTH, TARRANT COUNTY TEXAS O.P.R.T.C.T. OFFICIAL PROPERTY RECORDS9a '�',• TARRANT COUNTY TEXAS �CGS� ' Q„ Basis of Bearing is NAD 83(19R3)Texas Coordinate System,Texas North Central Zone(4202). 0,P.R.T.C.T. OFFICIAL PROPERTY RECORDS �fyU'S UA It based based upon RTK values using the Leica Smat-Net network observed081200018,distances TARRANT COUNTY TEXAS q" shown are surface,scale factor is 1 D0012. 2 now HALFFM DWG: AVID: 31923 4 Oa.q�ae A.C"-,Re9l,tacd Prolenl°n°I Land �I�I� 5uveyd,d°0-1,y Getdmy U:a! U..parcel w. ai o 4000 FOSSIL CREEK BLVD FORT MIRTH,TEXAS 76137(817)847.1422 DATE: MARCH 17,2020 PAGE NO.: 3 OF 3 vr.mad tram°Riney 9d. o the 9r.- ° ­1 TBFELSFlRtA NO.100t4605r my awerria3on cod da-wiron, �, oo y � !�P�� xf x Z al g >^ I Z s— —o �� 1 — < rJ — — 3 ��n P �4—L— --- S S ml 1 a ' 1 1 r 3 L — • ' 1 bog � � a ���' o— ��" 1 Mm •( _ _ 89 i a c m 7� II L10 ch 1 $ S to O a a e a1 a s i i a a � 1 i� � gR I I rn Z--_ <H s �• I cn o m I. 1 isw t Liss a '1 fn 1 1 w t7 ,F (n 1_m 0 —�— 1 GREENE ST. Zvi Z t 1 mi 9 1 6$ I 1 o ,gel m HAM 'm 3 y� .oFszyR � • I a-, I �`•.`Yi o•u I I _ U�ffle� i fly o$g�gymgg ia InUNHMUg ➢. TCU Creative Commons �� 3 ?i zmos.uuret.;ya..°.F,vbro�, 9_;3= CD EXHIBIT B `_ � r �, §§Md. (SHEET 1 OF 3) b ,y d 4 j a �ygg �is��!a�aA mma •� R�aa$1�Ae�R sI��ixy ��R#�4 1%RA!�pY$l ;sFlla�R $d 'oN Cd j�;1 v {€'s e o E 4 1S v,;��t$�t`sf�v3:s?►!,�?^-8s�""'a"8a a&v E a�Y jrq n 7 N !" a Nu "';�a• Z- 8� a$ %g a g $ , a n , 1 �d- '..a4' { gill! a.aa${E A4 R� s�4*� aj, ! 9,$h � "l F•}ga yo 4 s. 49e� h�a A A lac} a_.1.JX �N as INI s�p�39�drp$$9g� au�r zy€ q p 'RFa gfb% Pk�%U, 1t�ri ���f3 4al � �I ❑ Lq qqI y i 1. % d�ON C� ro 1r HEIR lit ip N � Fd! ICI jfi ll a } r Mm a �--J � � iF � � ���d �"• to �� L d lid! r4 • r J {, . i , j j �__.-_ -•uune lice - _tP� i9 T� r.i j,€a.1 F• ML TT A A A Izb R oy u$ g aI gr4��7 Yy�� D5 IP v llmof awal kap PW '3 _ F N o EXHIBIT B �_ f (SHEET 2 OF 3) D 10 v n D v m Lb L D -I � 3m = cn O -i W n m C:71 Q n �n mM Zm �O m -i-n / 0 0 - I ❑ N m �Nmx O O O O O 0 e m�ov O S O .�... cS2 m A O 2 r.ice t�.•y^".�.... D m 0 m m>m z N9!hc O y^t ¢ 000 r 0 o 0 EXHIBIT B (SHEET 3 OF 3) Exhibit "C" CITY OF FORT WORTH DRAINAGE CHANNEL FACILITY OPERATION AND MAINTENANCE PLAN The only responsibility the City of Fort Worth has in the operation and maintenance of this Facility is inspection. General Maintenance Procedures The structural and functional integrity of the Facility shall be maintained at all times by removing and preventing drainage interference, obstructions, blockages, or other adverse effects into, through, or out of the system. Periodic silt removal shall occur when standing water conditions occur or the pond's storage volume is reduced by more than 10%. Silt shall be removed and the pond/basin returned to original lines and grades shown on the approved engineering plans. In addition, corrective measures are required any time a basin does not drain completely within 72 hours of cessation of inflow. NO STANDING WATER IS ALLOWED in basins designed for dry detention purposes. Accumulated litter, sediment, and debris shall be removed every 6 months or as necessary to maintain proper operation of the basin. Disposal shall be in accordance with federal, state and local regulations. Detention facilities shall be mowed monthly between the months of April and October or anytime vegetation exceeds 12-inches in height. To prevent debris from entering and clogging the downstream storm sewer system a wire mesh screen or similar screening device shall be installed over the outlet until final acceptance. 4. PREVENTIVE MAINTENANCE/INSPECTION • Visual inspections of all components will be conducted every 6 months. • A log shall be kept of maintenance actions, and inspections. The log should document the condition of the detention system's primary components, mowing, and silt, litter and debris removal dates. Document aeration of the basin bottoms and replanting to prevent the sealing of the basin bottom. • Written maintenance and repair records shall be maintained by the party or parties signing the attached Agreement and shall be provided to the City upon request. DRAINAGE CHANNEL MAINTENANCE AGREEMENT 8 Rev.7/2006 Exhibit "D" Drainage Channel Structural Maintenance CHECKLIST FREQUENT REPAIRS REPAIRS INSPECTION DATE REQUIRED MADE NOTES Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Channel 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 and Location of Erosion MAJOR INSPECTIONS Condition of Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Ri -Ra Condition of filtration system DRAINAGE CHANNEL MAINTENANCE AGREEMENT Q Rev.7/2006 Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation DRAINAGE CHANNEL MAINTENANCE AGREEMENT 10 Rev.7/2006