HomeMy WebLinkAboutContract 57118 Date Received: 02/16/2022 Permit No.: SWFMA-21-0090
Time Received: 8_54 AM City Secretary No.: 57118
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 15th day of Feb. 2022 by
and between Lennar Homes of Texas Land and Construction, LTD, acting by and
through Jennifer Eller, 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 of a certain tract
located in the Benjamin Thomas Survey, Abstract 1497, Tarrant County, Texas
according to the special warranty deed recorded County Clerk's File No. D220319529,
of the Official Public Records of 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 Northpointe Phase 6 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
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016 FT. WORTH, TX
WHEREAS, the City requires that on-site Stormwater Management 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
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 reportto 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
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.
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 (3 0)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 perfectedby 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2016
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
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 4
Rev.11/17/2016
Executed this 15th day of February 20 22
CITY: LANDOWNER:
W Harrell(Feb15,202210:06 CST)
DJ Harrell, Jenn*�er Eller
Director of Development Services Authorized A@-�ftHomebuilding
City of Fort Worth Lennar Home of Texas Land and
Construction,LTD
Date: Feb 15,2022 Date: 2/7/2022
Approved as to Form and Legality:
Thomas Royce Hansen,
Asst. City Attorney
City Attorney's Office
Date: Feb 14,2022
ATTEST: A. °FORTOd
d
° o�°�
p o
Tgnnette s. Goode// 0.v8 g=� Contract Compliance Manager:
Jannette S.Goodall(Feb 16,2022 07:50 CST) o o° d
Jannette S Goodall, P� % °o�`� By signing I acknowledge that I am the
da °°°°°°° a person responsible
City Secretary ��nE�pS.oa for the monitoring and administration of
City of Fort Worth this contract, including
Date: Feb 16,2022 ensuring all performance and reporting
requirements.
z zv�4
Janie S.Morales,Planning Manager
Development Services
Date: Feb 14,2022
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/1712016 CITY SECRETARY
FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on Feb. 15, 2022 by
----------
DJ Harrell, Director of Development Services of the City of Fort Worth, on behalf of
the City of Fort Worth.
Bichson Digitally signed byBichson
Nguyen
2,�p.RY!GB� BICH SON THI NGUYEN Nguyen o600 022.02.1511:19:01
Notary Public
*®* STATE OF TEXAS Notary Public, State of Texas
e Notary I.D. 133389224
9jFoF� My Comm.Exp.Oct. 13,2025
STATE OF TEXAS §
COUNTY OF DALLAS §
Before me, the undersigned authority on this day of
y.Q10 v v4.►23 20=; personally appeared
r _
known
to me to be the person hose name is subscribed to the foregoing instrument and
acknowledged to _me hat the me ,,,is the act of
C0`' x` uted the same as its
and as the act of such and for the purposes and
consideration expressed in the foregoing instrument.
Notary Public, State of Texas
�a�*aY°yen LAURA LYNN SALGADO
Notary ID#125169119
My Commission Expires
' of January 18, 2025
OFFICIAL RECORD
CITY SECRETARY
STORMWATERFACIUTYMAINTENANCEAGREEMENT FT. WORTH, TX
Rev.11/17/2DI 6
EXHIBIT A
FIELD NOTE DESCRIPTION
0.4749 acres
BEING a tract of land situated in the Benjamin Thomas Survey, Abstract No. 1497, Tarrant County, Texas and
being a portion of that tract of land conveyed to Lennar Homes of Texas Land and Construction, LTD.,
according to the document filed of record in Instrument No. D220319529 Official Public Records, Tarrant
County, Texas (O.P.R.T.C.T.), and being more particularly described as follows:
BEGINNING at a 5/8-inch iron rod with plastic cap stamped "KHA" found in the westerly line of said Lennar
tract, same being common with the easterly line of that tract of land conveyed to Glen and Brinda Youngblood,
according to the document filed of record in Instrument No. D220045642 (O.P.R.T.C.T.);
THENCE leaving said common line, over and across said Lennar tract the following nine (9) courses and distances:
South 53°36'55" East, a distance of 25.00 feet to a point for corner of this tract;
South 36023'05" West, a distance of 226.77 feet to a point for corner of this tract at the beginning of a
non-tangent curve to the right with a radius of 1,803.37 feet, a central angle of 06°01'24", and a chord bearing
and distance of South 39°16'08"West, 189.50 feet;
With said curve to the right, an arc distance of 189.58 feet to a point for corner of this tract;
South 42°57'27" West, a distance of 76.27 feet to a point for corner of this tract;
South 44018'29"West, a distance of 107.79 feet to a point for corner of this tract;
South 45°13'55" West, a distance of 59.01 feet to a point for corner of this tract at the beginning of a
non-tangent curve to the right with a radius of 702.48 feet, a central angle of 06°54'46", and a chord bearing
and distance of South 48022'57"West, 84.70 feet;
With said curve to the right, an arc distance of 84.75 feet to a point for corner of this tract;
North 89049'40" West, a distance of 96.02 feet to a point for corner of this tract;
North 0001010" East, a distance of 25.00 feet to a point in the above-mentioned common line, for corner of this
tract;
PRIVATE DRAINAGE EASEMENT
BENJAMIN THOMAS SURVEY,
ABSTRACT NO. 1497
CITY OF NORTHPOINTE
SEAN PATTON TARRANT COUNTY, TEXAS
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 5660 Kimle >>> Horn
400 N. OKLAHOMA DR., SUITE 105
CELI NA, TEXAS 75009 400 North Oklahoma Dr.,Suite 105 Tel.No.(469)501-2200
PH. 469-501-2200 Celina,Texas 75009 FIRM#10194503 www.kimley-hom.com
Scale Drawn by I Checked by Date Proiect No. I Sheet No.
sean.patton@kimley-horn.com N/A I SPA KHA 11/4/2021 063228100 1OF3
ALLEN.STEPHEN 11/5/2021 8:27 AM K:\CEL SURVEY\063228100-EAGLE RIDGE\DWG\SEPARATE INSTRUMENTS\25'PRIVATE DRAINAGE EASEMENT.DWG
EXHIBIT A
THENCE with said common line the following eight (8) courses and distances:
South 89°49'40" East, a distance of 93.44 feet to a point for corner of this tract;
North 00'19'30" West, a distance of 5.05 feet to a point for corner of this tract at the beginning of a non-tangent
curve to the left with a radius of 677.48 feet, a central angle of 05030'57", and a chord bearing and distance of
North 47°40'42" East, 65.20 feet;
With said curve to the left, an arc distance of 65.22 feet to a point for corner of this tract;
North 45°13'55" East, a distance of 58.88 feet to a point for corner of this tract;
North 44°18'29" East, a distance of 107.30 feet to a point for corner of this tract;
North 42°57'27" East, a distance of 75.83 feet to a point for corner of this tract at the beginning of a
non-tangent curve to the left with a radius of 1,778.37 feet, a central angle of 06001'10", and a chord bearing
and distance of North 39015'58" East, 186.75 feet;
With said curve to the left, an arc distance of 186.84 feet to a point for corner of this tract;
North 36°23'05" East, a distance of 226.80 feet to a point for corner of this tract; to the POINT OF BEGINNING
and containing 20,688 square feet or 0.4749 acres of land, more or less.
PRIVATE DRAINAGE EASEMENT
BENJAMIN THOMAS SURVEY,
E OF Fy ABSTRACT NO. 1497
CITY OF NORTHPOINTE
SEAN PATTON TARRANT COUNTY, TEXAS
.. ..... ... .. . .
REGISTERED PROFESSIONAL SEAN AZTON
LAND SURVEYOR NO. 5660 " 60
400 N. OKLAHOMA DR., SUITE 105 �':°. 0 �P�� Kimlev))) Horn C ELI NA, TEXAS 75009 9A'' .F E S S��.• 0 400 North Oklahoma Dr.,Suite 105/ Tel.No.(469)501-2200
PH. 469-501-2200 Y O S' U R v `� Celina,Texas 75009 FIRM#10194503 www.kimley-hom.com
Scale Drawn by I Checked by Date Project No. Sheet No.
sean.patton@kimley-horn.com N/A SPA KHA 1114/2021 063228100 201`3
ALLEN.STEPHEN 11/5/2021 8:27 AM K:\CEL SURVE)'\063228100-EAGLE RIDGE\DWG\SEPARATE INSTRUMENTS\25'PRIVATE DRAINAGE EASEMENT.DWG
EXHIBIT A
TRACT NO.6
TEXAS ELECTRIC
NORTH SERVICE COMPANY S53°36'55"E
VOL.2542,PG. 1 25.00'
0 50 100 D.R.T.C.T. P.O.B.
.O.B.
GRAPHIC SCALE IN FEET IRFC
O
LEGEND
A=CENTRAL ANGLE
P.O.B.=POINT OF BEGINNING Oh rL�
IRFC=IRON ROD W/CAP FOUND
D.R.T.C.T.=DEED RECORDS OF TARRANT COUNTY,TEXAS oo OGO
O.P.R.T.C.T.=OFFICIAL PUBLIC RECORDS,TARRANT
COUNTY,TEXAS OAP`' �o
IRFC����O ��g�
6 G
P6 (b A/
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n�°0
0.4749 ACRES �;��'�cz
GLEN AND BRINDA 20,688 SQ. FT. G CJ^ Cb ��rb p
YOUNGBLOOD i� �'� O
INST. NO. D220045642 IRFC
O.P.R.T.C.T. N42°57'27"E G p'�
75.83'
A=5°30'57" IRFC S42057'27"W
R=677.48' N44°18'29"E 76.27'
L=65.22' 107.30'
CB=N47°40'42"E IRFC LE TEXANNARS
HOMES OF
N45°13'55"E TEXAS LAND&
C=65.20' 58 88' S44018'29"W CONSTRUCTION,LTD
107. INST. NO. D220319529
NO°19'30"W IRFC O.P.R.T.C.T.
5.05'
S89°49'40"E S45013'55"W
93.44' 59.01'
A=6°54'46"
N 0°10'10"E
R=702.48'
25.00' L=84.75'
N89°49'40"W CB=S48°22'57"W
96.02' C=84.70'
NOTES
PRIVATE DRAINAGE EASEMENT
Bearing system based on the Texas
Coordinate System of 1983, North BENJAMIN THOMAS SURVEY,
Central Zone(4202), North American F.
�p,(E.•�.. .. ABSTRACT NO. 1497
Datum of 1983. GIST o S CITY OF NORTHPOINTE
SEAN PATTON . �¢��_,�.�.. �, '� TARRANT COUNTY, TEXAS
REGISTERED PROFESSIONAL SEAN PATTON
LAND SURVEYOR NO. 5660t Kimlev))) Horn60
400 N. OKLAHOMA DR., SUITE 105 •. P:�
CELINA, TEXAS 75009 9 ' �FESS\�..`'1 o
/1/ \ 400 North Oklahoma Dr.,Suite 105 Tel.No.(469)501-2200
PH. 469-501-2200 D S R v Celina,Texas 75009 FIRM#10194503 www.kimley-hom.com
Scale Drawn by I Checked by Date Protect No. I Sheet No.
sean.patton@kimley-horn.com 1"=100' SPA KHA 11/4/2021 063228100 30F3
ALLEN.STEPHEN 11/4/2021 9:24 AM K:\CEL SURVEY\063228100-EAGLE RIDGE\DWG\SEPARATE INSTRUMENTS\25'PRIVATE DRAINAGE EASEMENT.DWG
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Exhibit "C"
CITY OF FORT WORTH DRAINAGE CHANNEL
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 diy 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.
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.11/19/2020 JLE
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
channel
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
Drainage Channel
Quality Structure
Type of Drainage
Channel Quality
Structure
Structure type and
Condition
Condition of Rip-Rap
Condition of filtration
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.11/19/2020 JLE
system
Berm or Embankment
Settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of Aeration
Foundation
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.11/19/2020 JLE