HomeMy WebLinkAboutContract 55608Date Received: 04/21/21
Time Received: 9�52 am
City Secretary
Number: 55608
DRAINAGE CHANNEL
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of April
20 21 , by and between Aledo Independent School District, acting by and through Earl
Husfeld, its duly authorized Chief Financial Officer 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 132.362 acre tract located in the J.D. Kyle Survey, Abstract No. 792 and
the C. Jackson Survey, Abstract No. 754, Fort Worth, Parker County, Texas according to
the Deed filed in Volume 2583, Page 1480, Deed Records, Parker County, Texas,
hereinafter called the "Property".
WHEREAS, the Landowner is proceeding to build on and develop the Property
accarding to the Site Plan/Subdivision Plan known as Aledo Middle School #2, 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
�FFICIAL RECORD
DRAINAGE CHANNEL MAINTENANCEAGREEMENT CITY SECRETARY
Rev.11/19/2020 JLE
FT. W�RTH, TX
and assigns, the location and dimensions of which is shown and more particularly
described by inetes and bounds in the attached Exhibit "A" ("Facility Property"); and;
NOW, THEREFORE, in consideration of the foregoing premises, the mutual
coveilants 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 stnictures, 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 Landowiier, 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 fiinctioning of the Facility. The inspection shall
cover the entire Facility, berms, outlet struct�.ire, pond areas, access roads, etc.
Components of the Facility, which need maintenance or replacement to
perform their design fiinction, 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 autl�orized 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
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 2
Rev.11/19/2020 JLE
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 undei-stood 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 Lando�vner'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 fimds
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.
6. This Agreement imposes no liability of any kind whatsoever on the City.
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�nished 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 constitl.rte a covenant ninning with the land, and shall be
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 3
Rev.11/19/2020 JLE
binding on the Landowner, its administrators, executors, assigns, heirs and any
other successors in interests, including any property owners association.
Executed this 15th
day of April
20 21
CITY:
��lq �GL�GIG�G�O�F
Dana Burghcloff (Ar15,2021�
Dana Burghdoff, Asst. City Manager
City of Fort Worth
Date: 4/15/2021
Approved as to Form and Legality:
����:�t� � ��� ���
Christa R. Lopez-Reynolds (Apr 14,2 116- DTl
Christa Reynolds, Sr. Asst. City Attorney
City Attorney's Office
Date:
ATTEST:
����U `��
Mary Kayser, City Secretary
City Secretary's Office
Date: 4/19/2021
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev.11/19/2020 JLE
LANDOWNER:
`-t C����
Earl Hus eld, Chief Fina�c�al Of icer
Aledo Independent Scho District
Date: March 24, 2021
Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible
for the monitoring and administration of
this contract, including
ensuring all performance and reporting
requirements.
Tanie Scarlef}� Morales
Janie Scariztt Morales (qpr 14, 20211525 CDT)
Janie S. Morales, Planning Manager
Development Services
Date:
4/14/2021 �FFICIAL RECORD
CITY SECRETARY
FT. W�RTH, TX
STATE OF TEXAS
COUNTY OF TARRANT
This insh�ument was acknowledged before me on April 15, 2021 by
Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
o,�p,RY/'(ie, JENNIFER L. EZERNACK
_ � Notary Public
+ � + STATE OF TEXAS
N,��OF'�+Q Notary I.D. 130561630
My Comm. Exp. Mar. 1, 2024
Digitally signed by Jennifer L
Jennifer L Ezernack EZerna�k
Date: 2021.04.21 09:3122 -OS'00'
Notary Public, State of Texas
STATE OF TEXAS
COUNTY OF PARKER
Befoce me, the undersigned authority on this day personally appeared Earl
Husfeld, known to me to be tl�e person whose name is subscribed to the foregoing
instrument and acknowledged to me that the same is the act of Aledo Independent School
Distcict, and that he executed the same as its Chief Financial Officer and as the act of such
and for the purposes and consideration expressed in the foregoing
instrument.
��.�� ��,�.
Notary Pu � ic, State of Texas
��`"�"�""'�h. CYNTHIA POOLE
Nolary ID #131362363
My Commission Expires
'�+��„E+' November 27, 2021
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev.11/19/2020 JLE
�FFICIAL RECORD
CITY SECRETARY
FT. W�RTH, TX
EXHIBIT "A"
"PRIVATE DRAINAGE EASEMENT"
BEING 7,895 square feet of land situated in the J.D. Kyle Survey, Abstract No. 792, City
of Fort Worth, Parker County, Texas, being a portion of that certain tract of land
described in deed to Aledo Independent School District (Aledo I.S.D.), according to the
deed filed in Volume 2583, Page 1480, Deed Records of Parker County, Texas
(D.R.P.C.T.); and being more particularly described by metes and bounds as follows:
COMMENCING at a smooth 5/8 inch iron rod found at the most southerly southwest
corner of said Aledo I.S.D. tract, along the south Right-of-Way (R-O-W) line of Old
Weatherford Road (variable width), also being the southeast corner of a tract of land
described in deed to Kevin W. Van, J.C.D., D.D., Bishop of the Catholic Diocese of Fort
Worth, as filed in Volume 2459, Page 1357, D.R.P.C.T., and also being in the north line
of a traci of land described in deed to Geo Beggs III et al, as filed in Volume 204, Page
497, D.R.P.C.T., from which a 1/2 inch iron rod found for reference in the most southerly
west line of said Aledo I.S.D. tract, and in the east line of said Catholic Diocese tract,
bears N O1°12'46" W; a distance of 1199.86 feet;
THENCE N 88°59'20" E, along south line of said Aledo I.S.D. tract, passing along the
south line of said Old Weatherford Road, the north line of said Geo Beggs III tract, and
along the north line of Walsh Ranches Limited Partnership, as filed in Volume 1699,
Page 1765, D.R.P.C.T., a distance of 854.21 feet;
THENCE leaving said line over and across said Aledo I.S.D. tract, the following courses
and distances;
N O1°12'46" W, passing over and across said Old Weatherford Road, a distance
of 280.90 feet;
S 88°47' 14" W, a distance of 95.40 feet to a 1/2 inch iron rod set with cap stamped
"TNP INC �SMT" (hereinafter all 1/2 inch iron rods set are marked the same) for
the POINT OF BEGINNING of the hereinafter described tract of land;
THENCE continuing over and across said Aledo I.S.D. tract, the following courses and
distances;
S 64°03'39" W, a distance of 90.39 feet to a PK nail set under water at the
beginning of a non-tangent curve to the right whose radius is 318.50 feet, and
whose long chord bears N 30°51'23" W, a distance of 93.53 feet;
Sheet 1 of 3
ALO 20152
Along said curve in a northwesterly direction through a central angle of
16°53'09", an arc length of 93.87 feet to a 1/2 inch iron rod set;
N 68°30'42" E, a distance of 87.02 feet to a 1/2 inch iron rod set at the beginning
of a non-tangent curve to the left whose radius is 231.50 feet, and whose long
chord bears S 33°37'06" E, a distance of 87.21 feet;
Along said curve in a southeasterly direction through a central angle of
21°42'S2", an arc length of 87.74 feet to the POINT OF BEGINNING and
containing 7,895 square feet or 0.181 acres of land.
.� h 18, 2021
Theron W. Sims, R.P.L.S.
Texas Registration No. 5887
Surveyed on the ground March 18, 2021
THEHON W. SIMS .
..�.......».......
' �qo 5887 ��
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1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83(2011) 2010.00) as derived locally from Allterra Central's
Continuously Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods.
An average Combination Factor of 1.000161391 was used to scale grid coordinates and
distances to surface.
2. Integral parts of this survey:
a. Legal Description
b. Sketch
Sheet 2 of 3
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Exhibit "C"
CITY OF FORT WORTH DRAINAGE CHANNEL FACILITY
OPERATION AND MAINTENANCE PLAN
The only responsibility the City of Fort Worth has iii the operation and maintenance of
this Facility is inspection.
General Maintenance Procedures
The stnictural and fiinctional integrity of the Facility shall be maintained at all times by
removing and preventing drainage interference, obstnictions, 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.11/19/2020 JLE
Exhibit "D"
Drainage Channel Structural Maintenance CHECKI,IST
FREQUENT REPAIRS REPAIRS
INSPECTION DATE �QUIRED MADE NOTES
Mowin
Remove Trash and
debris
Inspect irrigation
s stein o eration
Remove grass
cli in s
Violations Noted
MINOR
INSPECTION
Condition of Channel
Amount of silt in
ond
Amount of silt in
flume
Amount of ponded
water
Amount of wetland
ve etation
Location of Erosion
Percent of ve etation
Condition of trash
uard
Location of Erosion
MAJOR
INSPECTIONS
Condition of Storm
Water Quality
Strucriire
Type of Storm Water
ualit Stnichire
Stn.icture type and
Condition
Condition of Ri -Ra
Condition of filtration
s stem
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev.11/19/2020 JLE
Berm or Embankment
S ettlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of Aeration
Foundation
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev.11/19/2020 JLE