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HomeMy WebLinkAboutContract 45170 (2)CITY SECRETARY tk q�DRAINAGE CHANNEL CONTRACLNO.,�/ MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this ``) dayof � Mibtr, by and between Windridge A2A Developments, LLC, acting by and through Jeff Peterson, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City". WITNES SETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 290.01 acre tract located in the G.B. Kenney Survey, Abstract number 920, the J. Ward Survey, Abstract number 1595, and the J.P. Woods Survey, Abstract number 1886, Fort Worth, Tarrant County, Texas according to the deed recorded in Instrument Number D212232276, Official 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 The Hills of Windridge, hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner provides for management of storm water within the confines of the Property; and; WHEREAS, the City and the Landowner, and their successors and assigns, agree that the health, safety and welfare of the residents of the City of Fort Worth, Texas require that on -site Drainage Facilities be constructed and maintained on a portion of the Property; and; WHEREAS, the City requires that on -site Drainage Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and; DRAINAGE CHANNEL MAINTENANCE AGREEMEN Rev. 7/2006 r-- OFFICIAL RECORD CITY SECRETr;Y RECE, .i LJ ,., RT�I a i.7 1 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 Channel 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. DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 7/2006 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, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 7/2006 3 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. 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. DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 7/2006 4 Executed this day of 004eM3ca. 2013 . Landowner Windridge A2A Developments, LLC A Texas Limited Liability Company Title • Manager DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 7/2006 City City of Fort Worth • Fernando Costa Assistant City Manager Approved as to Form and Legality Assistant City Attorney ATTEST City Secret OFFICIAL RECORD CITY 3ECRETAY irTu WORTh, 'M 5 STATE OF TEXAS COUNTY OF TARRANT easen/tei c", 02465e This instrument was acknowledged before me on /o2 —'ot- M by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. EVONIA DANIELS Notary Public, State of Texas My Commission Expires July 10, 2017 STATE OF TEXAS COUNTY OF TARRANT 1 Motary Public, State of Texas Before me, the undersigned authority on this day personally appeared JEFF PETERSON, Manager of WINDRIDGE A2A DEVELOPMENTS, LLC, a Texas Limited Liability Company, 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 WINDRIDGE A2A DEVELOPMENTS, LLC, and that he executed the same as its Manager and as the act of such Limited Liability Company and for the purposes and consideration expressed in the foregoing instrument. Notary Publi State of Texas KIMBERLY BARDALES Notary Public, State of Texas My Commission Expires February 211 2017 DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 7/2006 6 EXHIBIT "A" J LL 06-13-2013 LAST SAVED: 07-18-2013 TEXAS UTILITIES ELECTRIC Co. VOL. 904: PG. 373 D.R.T.C.T. N27'06'58"E 1152.30' ROSSTEX NORTH TEXAS GATHERING, L.P. 20' PIPELINE EASEMENT (ESMT. 1 I INST. No. D207127585 O.P.R.T.C.T. -Cr to 't9N at 5/8" IRF W/RED CAP EAST GATE PROPERTIES, INC. (TRACT II) INST. No. D206412166 O.P.R.T.C.T. • • /././ PK NAIL • W/SHINER FND ¶CM) LOT 10X LYEMANN PROPERTIES, INC. 30' PIPELINE 8 ACCESS EASEMENT INST. No. D204343519 O.P.R.T.C.T. r PLACE OF BEGINNING 889'37'17'E 2/4.8/' N6 - LONE STAR GAS Co. 40' PIPELINE EASEMENT VOL. 2483, PG. 221 D.R.T.C.T. ti ;2 6 N80'06'49'E 55.45' 9 S89'37'17'E /23.46' 4?) • S,\C“P NOo °22 '43' E 120. 00 10 11 12 LOT 11X S89 °37'17'E 329.87' S89 °34 '52' W 886.03' suRVEY S S. T GWARv 10 15g5 AM AssTRA (OPEN SPACE LOT 4X 11 <J NOTES: (1) ALL BEARINGS SHOWN HEREON ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983, AS DERIVED BY FIELD OBSERVATIONS UTILIZING THE RTK NETWORK ADMINISTRATED BY WESTERN DATA SYSTEMS. (2) THIS EXHIBIT WAS PREPARED WITHOUT BENEFIT OF A CURRENT TITLE COMMITMENT. (3) THIS SURVEY WAS MADE ON THE GROUND DURING THE MONTHS OF JULY THRU OCTOBER, 2012 UNDER THE DIRECTION OF GREGG A.E. MADSEN, R.P.L.S. NO. 5798. (4) REFER TO THE ACCOMPANYING FIELD NOTES ATTACHED HERETO AND MADE A PART THEREOF. REV. DATE BY d DESCRIPTION 0 8 0 1 �2r Mk 1 H wASURVEYOR PREPARING THIS EXHIBIT: COBURN HILL PASS 0'15'54$ R=225.00' L=40.31' CB=N85'14'46"E 40.26' LOT 16X STORM WATER DETENTION FACILITY TRACT 2 13.004 ACRES 566,447 SQ. FT. 10 • • r? .C 1-4 . ;a D-18'05'56" - R=490.00' L=154478' CB=S77'36'00"W 154.14' col N21°l9'02' W 67.72' GREGG A. E. MADSEN CI-1K . WIER &ASSOCIATES, & INC. 701 HIGHLANDER BLVD., SUITE 300 ARIJNGTON, TEXAS 76015 METRO (817)467-7700 Texas Firm Registration No. F-2776 www.WierAssociates com Texas Board of Land Surveying Registration No. 10033900 4 2 ZO . OPEN SPACE • • 1 �`- LIVE OAK CREEK BLVD. S86'38 '58' W 101. 78 S56 ° 19'15'E 14.4 5 8" IRF eeeeeeeee 9 ' LOT 1X . �••• ... ................... .......:: N83'03'07"E 1240.15' S/2 °46'14'E 229. 69' a z tzt • co cri L=120.50' 95.98 DENET CREEK LANE 148.54' livy P • AG' \ Av \ 19 18 *LEGEND* EARLY CREEK LANE 28 \ 27 29 31 30 16 32 1146.94' 9 "ARTHUR ISURVE(ING2" CONTROLLING MONUMENT IRON ROD FOUND IRON ROD SET W/ORANGE CAP STAMPED "W Se A INC EASEMENT" IRON PIPE FOUND STORM WATER DETENTION FACILITY CITY OF FORT WORTH STORM WATER DETENTION FACILITY TRACT 2 FORT WORTH, TARRANT COUNTY, TEXAS DRAWN BY CLM CHECKED BY DATE 106-13-2013 DWG. NO. 3 OF 6 REV. • DETENTION 0 N w I ce J } m a. t0 M O N cp O N N J M O 00 n O 0 ct REV. DATE BY DESCRIPTION CHK SURVEYOR PREPARING THIS EXHIBIT: re) A WIER & ASSOCIATES, 06-13-2013 LAST SAVED: 07-18-2013 INC. T 701 HIGHLANDER BLVD., SUITE 300 ARLINGTON, TEXAS 76015 METRO (817)467-7700 Texas Firm Registration No. F-2776 www.WierAssociates.com Texas Board of Land Surveying Registration No. 10033900 EXHIBIT "A" FIELD NOTES - DESCRIPTION STORM WATER DETENTION FACILITY TRACT 2 BEING A TRACT OF LAND LOCATED IN THE G.B. KENNEY SURVEY, ABSTRACT No. 920 THE JAMES S. WARD SURVEY ABSTRACT No. 1595, AND THE J.P. WOODS SURVEY ABSTRACT No. 1886 TARRANT COUNTY TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO WINDRIDGE A2A DEVELOPMENT, L.L.C. RECORDED IN INSTRUMENT NUMBER D212232276 IN THE OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, O.P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT IN A WEST LINE OF SAID WINDRIDGE A2A TRACT, FROM WHICH A ' PK' NAIL FOUND BEARS N 27 ° 06 '58' E, 1152.30 FEET, SAID 'PK' NAIL BEING IN THE CENTERLINE OF THE ASPHALT PAVEMENT OF WHITE SETTLEMENT ROAD (VARIABLE WIDTH RIGHT-OF-WAY) THE NORTHWEST CORNER OF SAID WINDRIDGE A2A TRACT, AND THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO TEXAS UTILITIES LECTRIC COMPANY, RECORDED IN VOLUME 9046, PAGE 373, DEED RECORDS, TARRANT COUNTY, TEXAS (D . R . T . C . T . ) , THENCE S 89 ° 37 ' I7' E, 214.81 FEET TO A POINT, THENCE N 65 ° 38 '42' E, 334.61 FEET TO A POINT, THENCE S 89 ° 37 ' I7' E, 329.87 FEET TO A POINT, THENCE N 00 ° 22 '43 " E, 120.00 FEET TO A POINT, THENCE S 89 ° 37 ' I7' E, 123.46 FEET TO A POINT AT THE BEGINNING OF A CURVE TO THE LEA THENCE NORTHEASTERLY, AN ARC LENGTH OF 40.31 FEET ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 225.00 FEET, A DELTA ANGLE OF 10'15'54", AND A CHORD BEARING OF N 85° 14'46" E, 40.26 FEET TO A POINT; THENCE N 80'06'49" E, 55.45 FEET TO A POINT; THENCE S 56' 19' 15" E 14.49 FEET TO A POINT, FROM WHICH A 5/8" IRON ROD FOUND BEARS N 83'03'07" E, 1240.15 FEET, SAID 5/8" IRON ROD FOUND BEING THE MOST NORTHERLY NORTHEAST CORNER OF SAID WINDRIDGE A2A DEVELOPMENT, L.L.C. RACT, AND IN THE SOUTH RIGHT-OF-WAY LINE OF SAID WHITE SETTLEMENT ROAD; THENCE S 12'46'14" E, 229.69 FEET TO A POINT AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, AN ARC LENGTH OF 120.50 FEET ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 470.00 FEET, A DELTA ANGLE OF 14'41'23", AND A CHORD BEARING OF S 05°25'32" E, 120.17 FEET TO A POINT; THENCE S 01'55'09" W, 95.98 FEET TO POINT AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE SOUTHEASTERLY, AN ARC LENGTH OF 148.66 FEET ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1030.00 FEET, A DELTA ANGLE OF 08' 16' 11 ", AND A CHORD BEARING OF S 02' 12'56" E, 148.54 FEET TO A POINT; THENCE S 06'21'02" E, 419.82 FEET TO A POINT, FROM WHICH A 1 2" IRON ROD FOUND WITH CAP STAMPED "ARTHUR SURVEYING COMPANY" BEARS S 88'51'21 " E 1146.94 FEET SAID 1 2" IRON ROD FOUND BEING IN AN EAST LINE OF SAID WINDRIDGE A2A TRACT AND THE NORTHWEST CORNER OF LOT 1, BLOCK 9, OF SILVER RIDGE PHASE 1 SECTION 1, AN ADDITION TO THE CITY OF FORT WORTH TARRANT COUNTY, TEXAS, RECORDED IN VOLUME 388-219, PAGE 7 IN THE PLAT RECORDS, TARRANT COUNTY, TEXAS, (P.R.T.C.T.); THENCE S 40'08'58" W, 13.77 FEET TO A POINT; THENCE S 86'38'58" W, 101.78 FEET TO A POINT AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE SOUTHWESTERLY, AN ARC LENGTH OF 154.78 FEET ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 490.00 FEET, A DELTA ANGLE OF 18'05'56", AND A CHORD BEARING OF S 77'36'00" W, 154.14 FEET TO A POINT; THENCE N 21 ° 19'02" W, 67.72 FEET TO A POINT; THENCE N 00°25'08" W, 479.66 FEET TO A POINT; THENCE S 89'34'52" W 886.03 FEET TO A POINT IN A WEST LINE OF SAID WINDRIDGE A2A TRACT AND IN THE EASE' LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO EAST GATE PROPERTIES, INC. (DENOTED AS TRACT II) RECORDED IN INSTRUMENT NUMBER D206412166 IN THE O.P.R.T.C.T.; THENCE N 33'28'28" W, ALONG A WEST LINE OF SAID WINDRIDGE A2A TRACT AND THE EAST LINE OF SAID EAST GATE PROPERTIES TRACT, 152.97 FEET TO A 5/8" IRON ROD FOUND AT NORTH CORNER OF SAID EAST GATE PROPERTIES TRACT AND IN THE EAST LINE OF SAID TEXAS UTILITIES ELECTRIC TRACT; THENCE N 2706'58" E ALONG A WEST LINE OF SAID WINDRIDGE A2A TRACT AND THE EAST LINE OF SAID TEXAS UTILITIES ELECTRIC TRACT, 148.93 FEET TO THE PLACE OF BEGINNING AND CONTAINING 13.004 ACRES (566,447 SQUARE FEET) OF LAND, MORE OR LESS. THIS SURVEY WAS MADE ON THE GROUND UNDER THE DIRECT SUPERVISION OF GREGG A.E. MADSEN, R.P.L.S. NO 5798 DURING THE MONTHS OF JULY THRU OCTOBER, 2012. ALL BEARINGS RECITED HEREIN ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983. REFER TO THE ACCOMPANYING EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF. CITY OF FORT WORTH • STORM WATER DETENTION FACILITY TRACT 2 FORT WORTH, TARRANT COUNTY, TEXAS DRAWN BY, CLM DATE '06-13-2013 DWG. NO. CHECKED BY ' DATE 047-18-2013 SCALE 'N/A APP • 6vilti 4 OF 6 GREGG A. E. MADSEN REV. EXHIBIT "A" DETENTION FACILITY 0 J • 2 ••.t• W/SHINER FND (CM) N18'50'00"W 1886.87' LIVEoAK CREEK BLVD- fi • 1/2" IRF "FULTON SURVEYING" 154. .; • • i • i • ce ce F co 0 • 0 M to r N 1 1 (o O 6 (n 1- -12 Q J O 1 00 1 N O 0 REV. DATE BY a. 1 PLACE OF BEGINNING N86 638 '58' E 39.57' 1 itNN, \\/\)//` •. •. •.. 2 �6� 1 �22. 26'h 7 � �Q 2� �'�5 �Q �� \\ o • 06-13-2013 07-18-2013 i i • C Q � 1 €4 1 STORM WATER I DETENTION FACILITY TRACT 3 7%.< 3.852 ACRES 167,792 SQ. FT. Al 9 •••••• >•••". / •'t•• i OPEN SPACE LOT 3X 11 . 0 tO tO s "t)I 1: /• • • t,• , 15 r, NOTES: (1) ALL BEARINGS SHOWN HEREON ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983, AS DERIVED BY FIELD OBSERVATIONS UTILIZING THE RTK NETWORK ADMINISTRATED BY WESTERN DATA SYSTEMS. 1 6 (2) THIS EXHIBIT WAS PREPARED WITHOUT BENEFIT OF A CURRENT TITLE COMMITMENT. (3) THIS SURVEY WAS MADE ON THE GROUND DURING THE MONTHS OF JULY THRU OCTOBER, 2012 UNDER THE DIRECTION OF GREGG A.E. MADSEN, R.P.L.S. NO. 5798. (4) REFER TO THE ACCOMPANYING FIELD NOTES ATTACHED HERETO AND MADE A PART THEREOF. 17 1 H S03°21'02'E 60.00' N86°38'58'E 12.11' S49 °5/'02'E /4.5/' 1 2 i 3 4 isonos N87'08'52"E 5 t S06 '21 '02E 98.61 ' • • • 19 6 1139.27' I SIN CB=S1218'25"E 4 225.69' 20 tOC\I V 7/A SURVEYOR PREPARING 'THIS EXHIBIT: WIER & ASSOCIATES, INC. Texas Firm Registration No. F-2776 www.WierAssociates com •ct Texas Board of Land Surveying Registration No. 10033900 22 D-12'34'46" - R=1030.00' L=226.14' 1- 19 8 9 1 10 S18 °55'48'E /25.50' 17 D-2817144" R=490.00' L=241.99' \ CB=S33`04'40"E N/ 239.53' 14 S l�l /el/ <9.lG 11 F 1/40 • 12 13 • 15 14 13 3 16 17 20 10 22 4 Ran 470.001 149.92' • • 47 21 20 19 • • • • 1/2" IRF SURVEYING" 24 , \-1CD \Orats 1 29 27 28 16 • 14 13 6 12 25 11 10 .fie 7 \ 41 \ 44 izepr re 131s/ *LEGEND* CONTROLLING MONUMENT IRON ROD FOUND IRON ROD SET W/ORANGE CAP STAMPED "W at A INC EASEMENT" IRON PIPE FOUND STORM WATER DETENTION FACIUTY CITY OF FORT WORTH STORM WATER DETENTION FACILITY TRACT 3 FORT WORTH, TARRANT COUNTY, TEXAS DRAWN BY WA DATE t06-13-201 3 DWG. NO. CHECKED BY DATE 107-18-2013 SCALE 1 n=200' APP 6:AM 5 OF 6 REV. • 0 M 0 J_ 0 li z 0 z w 0 0 li J m 0 a_ N N 1 I (n 0 0 1- J DETENTION STORM WATER LARRYM FILE 06-13-2013 07-18-2013 Z SURVEYOR PREPARING THIS EXHIBIT: V/I/Is WIER & ASSOCIATES, INC. N EXHIBIT "A" FIELD NOTES - DESCRIPTION STORM WATER DETENTION FACILITY TRACT 3 BEING A TRACT OF LAND LOCATED IN THE J. P. WOODS SURVEY ABSTRACT No. 1886 TARRANT COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO WINDRIDGE A2A DEVELOPMENT, L.L.C. RECORDED IN INSTRUMENT NUMBER D212232276 IN THE OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, (O.P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT FROM WHICH A 'PK' NAIL FOUND BEARS N I8 ° 50'00' W, 1886.87 FEET, SAID PK' NAIL BEING IN THE CENTERLINE OF THE ASPHALT PAVEMENT OF WHITE SETTLEMENT ROAD (VARIABLE WIDTH RIGHT-OF-WAY ) , THE NORTHWEST CORNER OF SAID WINDRIDGE A2A TRACT, AND THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO TEXAS UTILITIES ELECTRIC COMPANY, RECORDED IN VOLUME 9046, PAGE 373, DEED RECORDS, TARRANT COUNTY, TEXAS (D . R . T . C . T . ) , THENCE N 86 ° 38 '58' E, 39.57 FEET TO A POINT, THENCE S 03 ° 21 '02' E, 60.00 FEET TO A POINT, THENCE N 86 ° 38 '58' E, 12.11 FEET TO A POINT, THENCE S 49 ° 51 '02' E, 14.51 FEET TO A POINT, FROM WHICH A I/2' IRON ROD FOUND WITH CAP STAMPED ARTHUR SURVEYING COMPANY' BEARS N 87 ° 08 '52' E, 1139.27 FEET, SAID I/2' IRON ROD FOUND BEING IN AN EAST LINE SAID WINDRIDGE A2A TRACT AND THE NORTHWEST CORNER OF LOT I I , BLOCK 9, OF SILVER RIDGE PHASE I, SECTION I, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, RECORDED IN VOLUME 388-219, PAGE 7 IN THE PLAT RECORDS, TARRANT COUNTY, TEXAS, (P.R .T.C.T. ) , THENCE S 06 ° 21 '02' E, 98.61 FEET TO A POINT AT THE BEGINNING OF A CURVE TO THE LEFT, THENCE SOUTHEASTERLY, AN ARC LENGTH OF 226.14 FEET ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1030.00 FEET, A DELTA ANGLE OF 12'34'46", AND A CHORD BEARING OF S 12°38'25" E, 225.69 FEET TO A POINT; THENCE S 18°55'48" E, 125.50 FEET TO A POINT AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE SOUTHEASTERLY, AN ARC LENGTH OF 241.99 FEET ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 490.00 FEET, A DELTA ANGLE OF 28' 17'44", AND A CHORD BEARING OF S 33°04'40" E, 239.53 FEET TO A POINT; THENCE S 47° 13'32" E, 257.39 FEET TO POINT AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, AN ARC LENGTH OF 150.56 FEET ALONG SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 470.00 FEET, A DELTA ANGLE OF 18 21 14 , AND A CHORD BEARING OF S 38 02 54 E, 149.92 FEET TO A POINT; THENCE S 28'52' 17" E, 101.43 FEET TO A POINT, FROM WHICH A 1/2' IRON ROD FOUND WITH CAP STAMPED ' LBS' BEARS N 48 ° 05'38' E, 959.69 FEET, SAID 1/2' IRON ROD FOUND BEING IN AN EAST LINE OF SAID WINDRIDGE A2A TRACT AND IN A WEST LINE OF SAID SILVER RIDGE PHASE I, SECTION I; THENCE S 61'07'43" W, 190.76 FEET TO A POINT; THENCE N 34°49'41 " W, 749.88 FEET TO A POINT, FROM WHICH A 1/2" IRON ROD FOUND WITH CAPSTAMPED "FULTON SURVEYING" BEARS N 72' 16'41 " W, 1222.26 FEET, SAID 1/2" IRON ROD FOUND BEING IN A WEST LINE OF SAID WINDRIDGE A2A TRACT AND THE SOUTH CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO EAST GATE PROPERTIES, INC. (DENOTED AS TRACT II) RECORDED IN INSTRUMENT NUMBER D206412166, O.P. .T.C.T.; THENCE N 03'21'02" W, 563.07 FEET TO THE PLACE OF BEGINNING AND CONTAINING 3.852 ACRES (167,792 SQUARE FEET) OF LAND, MORE OR LESS. THIS SURVEY WAS MADE ON THE GROUND UNDER THE DIRECT SUPERVISION OF GREGG A.E. MADSEN, R.P.L.S. NO 5798 DURING THE MONTHS OF JULY THRU OCTOBER, 2012. ALL BEARINGS RECITED HEREIN ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983. REFER TO THE ACCOMPANYING EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF. REV. DATE BY DESCRIPTION CIE 701 HIGHLANDER BLVD., SUITE 300 ARLINGTON, TEXAS 76015 METRO (817)467-7700 Texas Firm Registration No. F-2776 www.WierAssociates.com Texas Board of Land Surveying Registration No. 10033900 CITY OF FORT WORTH • STORM WATER DETENTION FACILITY TRACT 3 FORT WORTH, TARRANT COUNTY, TEXAS DRAWN BY CLM DATE 106-13-2013 DWG. NO. CHECKED BY DATE'07-18-2013 SCALEIN/A APP.L 6 OF 6 REV. PRINTED' 4/29/2013 LAST SAVED 4/29/2013 8148 AM SAVED BY' LARRYM FILE' 086-GRADINGMINORCREEKREALIGNMENT.DWG APO :03N01S30 9Zl d0 99 MINOR CREEK REALIGNMENT rn 0 D -1 z. fix o,c Z X HORIZONTAL & VERTICAL CONTROL (.1 rn ..................i ................_.... y � I\ tap i Att SELON NOI.LOf12I.LSNOO 0. 0 m 0 W 0 o' ti\ (M N + p NNNN 1 SNOISIAHlI THE HILLS OF WINDRIDGE PAVING, WATER, SEWER & STORM FOR THE HILLS OF WINDRIDGE, PHASE I X-XXXX K-XXXX DOE##XXXX PRINTED! 9/20/2013 LAST SAVED, 9/20/2013 9103 AM SAVED BY. JUSTINB FILE' MAINTENANCE AGREE EXHIBIT TRACTS 2 8 3.DWG N. 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F% / !/ r + F f' S.. /, I +/ o' w OW .rw.•.,. 1 it 'd sT,Q-4 1 f 17\ \ \ i( 1 t t I A , +,7,f. r/{ , {,+ +`+ j `' /{,. {`{ / %;r / �rf�f , { / �flff 1:11 "„el: 755 14 • cti THE HILLS OF WINDRIDGE PAVING, WATER, SEWER & STORM FOR THE HILLS OF WINDRIDGE, PHASE I K-XXXX 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 Rev. 7/2006 8 Exhibit "D" Drainage Channel Structural Maintenance CHECKLIST FREQUENT INSPECTION Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Channel Amount of silt in pond 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 -Rap Condition of filtration system DATE REPAIRS REQUIRED REPAIRS MADE NOTES DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 7/2006 Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation ssas DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 7/2006 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/19/2013 DATE: Tuesday, November 19, 2013 REFERENCE NO.: **C-26564 LOG NAME: 20ROWE7055-12—SWFMA SUBJECT: Authorize Execution of a Drainage Channel Maintenance Agreement with Windridge A2A Developments, LLC, on Property Located on the Southwest Corner of White Settlement Road and the Future Soaring Hill Boulevard, at no Cost to the City (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Drainage Channel Maintenance Agreement with Windridge A2A Developments, LLC, on property located on the southwest corner of White Settlement Road and the future Soaring Hill Boulevard, the channel containing 16.856 acres of land in Tract 2, Abstract 920, G.B. Kenney Survey, Tract 1N, Abstract 1886, J.P. Woods Survey and Tract 1B2, Abstract 1595, James S. Ward Survey, at no cost to the City. DISCUSSION: Windridge A2A Developments, LLC, is the owner of a 245 acre tract of land on which 16.856 acres of land will be used to construct drainage channel improvements for the development of The Hills of Windridge Phase I. The facilities are being constructed to capture and limit storm water run—off from the subject property to pre —development levels. The drainage channel improvements include one detention pond which will be located on the southwest corner of White Settlement Road and the future Soaring Hill Boulevard. The landowner and successors are required to maintain the channel at no cost to the City. The Drainage Channel Maintenance Agreement will ensure proper maintenance of the channel by Windridge A2A Developments, LLC. However, if the landowner fails to properly maintain the improvements, the Agreement gives the City the right to take all steps necessary to ensure the channel is operating according to City standards and to correct any deficiencies. This requirement and right run with the land. The facilities are located in COUNCIL DISTRICT 3, Mapsco 57U. FISCAL INFORMATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Fernando Costa (6122) Douglas Wiersig (7801) Lexington Wright (6645) ATTACHMENTS 1. 7055-ROWE7055-12-SWFMA ndf