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Home My WebLink AboutContract 57143 Date Received: 02/18/2022 Permit Number: SWFMA-21-0072 Time Received: 4:12 pm City Secretary Number: 57143 DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT THIS AGREEMENT,made and entered into this day of February 18 2022 2022 by and between C20 Development LLC, hereinafter referred to as "Developer", the Fossil Creek Homeowners Association, hereinafter referred to as "Association", and the City of Fort Worth, hereinafter referred to as "City". WITNES SETH WHEREAS, the Developer is the current owner of certain real property described as approximately 4.478 acres of land located in the Henry Robertson Survey, Abstract No. 1259, Tarrant County, Texas according to the County Clerk's Instrument No. D220192895 recorded in Tarrant County Records, Tarrant County, Texas, hereinafter called the "Property", as more specifically described in the attached deed found within Exhibit"A"to this Agreement; WHEREAS, Marvin Klein (hereinafter referred to as the"Adjacent Landowner")is the owner of certain real property described as an approximately 6,727 square foot tract located in the Henry Robertson Survey, Abstract No. 1259, Fort Worth, Tarrant County, Texas according to the County Clerk's Instrument No. D204216230 recorded in Tarrant County Records, Tarrant County, Texas (hereinafter called the"Adjacent Property"); and WHEREAS, the Adjacent Landowner previously entered into that certain City of Fort Worth Permanent Drainage Facility Easement dated February 13, 2014 and recorded in the records of Tarrant County, Texas as Instrument No. D214105740, hereinafter referred to as the "Easement" located on the Adjacent Property. A true and accurate copy of the Easement is attached hereto as Exhibit"B"; and OFFICIAL RECORD CITY SECRETARY DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT FT. WORTH, TX 4873-1355-6232,v. 1 WHEREAS, the Easement provides the City an "exclusive, perpetual easement for the construction, operation, maintenance, replacement, upgrade, and repair" of a drainage facility, as defined in the Easement, which includes but is not limited to "all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, pipelines, junction boxes, inlets, flumes, headwalls, wingwalls, slope pavement, gabions, rock rip-rap, drop structures and access ramps, and other erosion control measures," together with the right "of constructing, operating, maintaining, replacing, upgrading, and repairing" the same; and WHEREAS, the Developer is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as Trails of Fossil Creek, hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City; and WHEREAS, the Plan would require certain facilities to be constructed within the City's Easement to meet the Developer's drainage requirements per the Plan ("Drainage Facilities"); and WHEREAS,the City and Developer, and their successors and assigns, agree that the health, safety and welfare of the residents of the City of Fort Worth, Texas require that the Drainage Facilities as required by the Plan be constructed and maintained within the Easement; and WHEREAS, the Easement permits the construction of the Drainage Facilities and, accordingly, the City wishes to permit Developer to construct such Drainage Facilities for the City within the Easement and Maintain the Drainage Facilities for City with the intent that these requirements run with the land of the Property, this Agreement to be filed in the deed records for Tarrant County, Texas; and DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 2 4873-1355-6232,v. 1 WHEREAS, the City requires that the Drainage Facilities as shown on the Plan be constructed by the Developer and its successors and assigns, and adequately maintained by the Developer and its successors and assigns, which, in time, will include Association, pursuant to authority provided by the Easement. 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 Developer, its successors and assigns, shall adequately construct the Drainage Facilities and maintain the same at no expense to the City of Fort Worth in accordance with the design specifications for the Drainage Facilities, attached as Exhibit"C",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"D". The Drainage Facilities 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 "E", are to be used to establish what good working condition is acceptable to the City. 2. The Developer, its successors and assigns, shall inspect the Drainage Facilities and submit an inspection report to the City annually. The purpose of the inspection is to assure safe and proper functioning of the Drainage Facilities. The inspection shall cover the entire Drainage Facilities, berms, outlet structure, pond areas, access roads, etc. Components of the Drainage Facilities, 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. Pursuant to the Easement, the City, its authorized agents and employees, have authority to enter upon the Property and to inspect the Drainage Facilities whenever the City deems necessary. The purpose of inspection is to follow-up DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 3 4873-1355-6232,v. 1 on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Developer, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event the Developer, its successors and assigns, fails to maintain the Drainage Facilities in good working condition acceptable to the City, the City, its authorized agents and employees, may take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Developer, its successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Drainage Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City, such obligation is the Developer's, its successors and assigns. 5. The Developer, its successors and assigns, will perform the work necessary to keep the Drainage Facilities 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 Developer,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 the Developer, 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 Developer, its successors and assigns. 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 DEVELOPER,ITS SUCCESSORS AND ASSIGNS,AND ASSOCIATION AGREE TO HOLD THE CITY HARMLESS FROM ANY LIABILITY THROUGHOUT THE CONSTRUCTION OF THE DRAINAGE FACILITIES AND IN THE EVENT THE DRAINAGE FACILITIES FAIL TO OPERATE PROPERLY. THE DEVELOPER, ITS SUCCESSORS DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 4 4873-1355-6232,v. 1 AND ASSIGNS, AND ASSOCIATION COVENANT AND AGREE AND DO 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 FAILURE OF DEVELOPER, ITS SUCCESSORS AND ASSIGNS, AND ASSOCIATION TO CONSTRUCT AND MAINTAIN THE DRAINAGE FACILITIES IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE DRAINAGE FACILITIES, (2) SLOPE FAILURE OF THE BANK OF THE DRAINAGE FACILITIES, AND (3) AND FAILURE OF THE DRAINAGE FACILITIES 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. The Developer, its successors and assigns, covenant and agree that beyond the construction of the Drainage Facilities and maintenance thereof, no other rights are granted to the Developer, its successors and assigns,through this Agreement related to the use of the Easement. 8. This Agreement shall be recorded among the land records of Tarrant County, Texas, and shall constitute a covenant running with the land of the Property, and shall be binding on the Developer, its administrators, executors, assigns, heirs and any other successors in interests, which will, in time, include the Association. (Signatures on Following Page) DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 5 4873-1355-6232,v. 1 Executed this 18th day of February 2022. CITY: DEV LOPER: DJ Harrell(Feb18,2022 13:49 CST) DJ Harrell, Director of Development Services C20 Development LLC City of Fort Worth Gook (10W , ftVin"If Date: Feb 18,2022 Date: 3 I 1 �41 Approved as to Form and Legality: ASS CIATION: Thomas Royce Hansen, Asst. City Attorney II Fossil Creek HA TeD45r,,;�Z�ociation City Attorney's Office CaaPv' bngv, Vi(fOw Date: Feb 18 2022 daa� Date: a FORT p p r>F°°°°°°°°°�y � ° d ATTEST: �vo o=A r 00 a .7�`I`IG��G c1 GDOGL'�GG °°°°°°°°°°° p Jannette S.Goodall(Feb 18,202215:50 CST) aa4 nEX ASapp Contract Compliance Manager: Jannette S. Goodall, City By signing I acknowledge that I am the Secretary, City of Fort Worth person responsible for the monitoring and administration of Date: Feb 18,2022 this contract, including ensuring all performance and reporting requirements. . 1 , 41// ' Janie S. Morales, Planning Manager Development Services Date: Feb 18,2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 4873-1355-6232,v.1 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Feb. 18, 2022 by DJ Harrell, Director of Development Services of the City of Fort Worth, on behalf of the City of Fort Worth. Digitally signed by Bichson Bichson Nguyen ,�p.RY I'(ie BICH SON THI NGUYEN Nguyen Date:2022.02.18 _ Notary Public 14:54:45-06'00' • + STATE OF TEXAS NP Notary I.D. 133389224 Notary Public, State of Texas ��FOF My Comm.Exp.Oct. 13,2025 STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day personally appeared — L41117��r' �1 � �/�` T�j 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 C 2D f]A)C-L Cy31�4 ENT- LL.0 , and that he executed the same as its /Yr( G1 and as the act of such L LC and for the purposes and consideration expressed in the foregoing instrument. YP BICH SON THI NGUYEN 6 ?° Notary Public,State of Texas .,;'. `c Comm.Expires 10-13-2025 N ary Public, State o Notary ID 133389224 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on /2-6 /F/ 20 by, 6p4w'j C�a�o/— ��Iy � , authorized representative, acting on behalf of Foss(L C/LEEKK Homeowners Association. a'v'"�".I.,, BICH SON THI NGUYEN Notary Public,State of Texas tary Public, State f exas 9' +P� Comm.Expires 10-13-2025 ''� 0;,;�``� Notary ID 133389224 OFFICIAL RECORD CITY SECRETARY DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT FT. WORTH, TX 4873-1355-6232,v. 1 EXHIBIT "A" THE PROPERTY Page 1 of 6 D220192895 81712020 10:13 AM PGS 6 Fee: $39.00 Submitter: SIMPLIFILE Electronically Recorded by Tarrant County Clerk in Official Public Records , t` � - Mary Louise Nicholson NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. GF#1003-309391 RTT meb rrrerr GENERAL WARRANTY DEED tilt .«. alh:. �i�{rzssr�ia�it �((((llz{ts} REAL ESTATE INVESTMENTS,LLC, )))�Tomas limited liability company 14P, }} (hereinafter called "Grantor,"_w `i 1 ,,3� e or more, masculine, feminine or neuter) for and in consideration of the sum of TEN an'lho/1 0 DOLLARS and other good and valuable consideration, }} the receipt and adequacy of which arder acknowledged,paid by C20 DE PIENT LLC, a Texas limit&4 bility company (hereinafter called"Grantee,"whether one or more maw ilv feminine or neuter),for which no lien is retained either express or implied,has Granted,Solt Cneyed,and by these presents does hereby Grant, Sell and Convey,unto the said Grantee all fat ctain real property described as follows: 1 Property located in Tarrant County,Texas,being more ft1�y,d4cribed by metes and bounds on EXHIBIT"A"attached hereto and incorpatj�dekpin for all purposes, .� s}}}ss 17} rtY112}Fri, together with all improvements thereon,if any,and all rights,privileges,tenemt,� itaments, sir r} },} rights of way,easements,appendages and appurtenances,in anyway appertammg ere hand all right,title and interest of Grantor in and to any streets,ways,alleys,strips or goresofati►g the above-described property or any part thereof(hereinafter the"Property"). 111*�"" P/ This deed is executed and delivered subject to property taxes for the current year and subsequent years,the payment of which Grantee assumes,and those permitted exceptions listed on EXHIBIT"B"attached hereto and made a part hereof for all purposes(hereinafter the"Permitted Exceptions"). Page 1 DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 8 4873-1355-6232,v. 1 Page 2 of 6 Notwithstanding anything in this instrument to the contrary,the above-referenced Permitted Exceptions shall only affect the Property to the extent that such Permitted Exceptions are valid and effective as of the date of this instrument and the mere reference to such Permitted Exceptions in this instrument shall not be deemed to impose or reinstate such Permitted Exceptions if such Permitted Exceptions are not valid and effective as of the date of this instrument. TO HAVE AND TO HOLD the above described Property,together with all and singular the rights and appurtenances thereto in anywise belonging unto the said Grantee, his, her or its successors,heirs and assigns,as the case may be,forever;and Grantor does hereby bind Grantor and Grantor's successors,heirs,executors and administrators,as the case may be,to Warrant and Forever Defend all and singular the said Property,subject to the Permitted Exceptions,unto the said Grantee and Grantee's successors,heirs and assigns,as the case may be,against every person whomsoever lawfully cluing,or to claim the same,or any part thereof. o , EXE DAY OF ,20 . „" RUFFIN REAL ESTATE INVESTMENTS, iffys 't�bi, LLC,a Texas limited 6abili pany ' OVAN RUFFIN,Nfember y;; sss s}}}ss 7j} �r7Y22}�Fr,o\ 011"A", . W gg ffff(t(((a' Page 2 DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 9 4873-1355-6232,v. 1 Page 3 of 6 ACKNOWLEDGMENT THE STATE OFLS COUNTY OF ;CA jYC1t 11t Before me, the undersigned authority, on this day personally appeared DONOVAN RUFFIN,❑known to me or roved to me through 7T 0 L_ (description of identity card) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that said person executed the same for the purposes and consideration therein expressed,in his/her capacity as Member of RUFFIN REAL ESTATE INVESTMENTS,LLC,a Texas limited liability company. all%%% II Cttven, rtder my hand and seal of office this day of, y+1( 20 "' RY.CQURTNEYCQUITER ttt 7r«rt �2+01.$173 ==asQzsozs No r .lubli� tate of ' CYC+5 --11P, tttt n Grantee's address: C20 DEVELOPMENT LLC � 451 W.Bonds Ranch Road Fort Worth,Texas 76131 " �J9F" y y;; sss r,;,,�s�l. /lll ffff(t(((a' Page 3 DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 10 4873-1355-6232,v. 1 Page 4 of 6 EXHIBIT A Legal Description Being 4.478 acres of land located in the Henry Robertson Survey,Abstract No.1259,Tarrant County,Texas,being the tract of land described in the deed to Ruffin Real Estate Investments,LLC.,recorded in County Clerks Instrument No.D219180338,Deed Records,Tarrant County,Texas.Said 4.478 acres of land being more particularly described as follows: BEGINNING at an 112"iron rod stamped"Wier"found at the southwest corner of said Ruffin Real Estate tract,said iron rod being the northwest comer of Lot 1,Block GG,Trails of Fossil Creek,an addition to the City of Fort Worth, Tarrant Cou Texas according to the plat recorded in County Clerks Instrument No.D216178816,Deed Records, Tarrant C cas and said iron lying in the east line of Graphite Lane,of said Trails of Fossil Creek rrrS THENCE NfaO°1;{bP Wp„along said Graphite Lane east line,a distance of 499.99 feet to a 5/8"iron rod found at the t northwest comer o ,Ruffin Real Estate tract,said iron rod lying in the south line of a tract of land described as m w�»w Tract#2,in the dew'q, iis� Creek Trost,recorded in County Clerk's Instrument No.D215101532,Deed Records, Tarrant County,Texasp, , r0 r{�rrrrr THENCE N89 47'27"E,alaatg `so h line,a distance of 395.99 feet to a 518"iron rod stamped"RPLS 1640" found at the northeast corner of saila Real Estate tract said iron rod being the southeast comer of said Tract ) } #2 and said'iron rod lying in the Waist fine of remainder portion of land described in the deed to Marvin Klein, recorded in County Clerk's InstrumenttU9l 16230,Deed Records,Tarrant County,Texas; THENCE SOl°OT48"W,along said MarvioKlem5w6st line,a distance of 500.08 feet to an 1/2"iron rod found bent at the southeast comer of said Ruffin Real is le ff' t and being the northeast comer of said Block GG; DNAN 7117` THENCE S89°47'02"W,along the north line of said'$Igck GO,a distance of 384.32 feet to the point of beginning, containing 4.478 acres of land. The bearings recited hereon are oriented to NAD93 Texas North Central Zone. y;; sss �� b, ar`rr�, tirrr n'r= r, l. s}}}ss 0111 r01112}1Fr1, allu �rlr .vl� gg ffff(t(((a' Page 4 DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 11 4873-1355-6232,v. 1 Page 5 of 6 EXHIBIT B Perndtted Exceptions All leases,grants,exceptions or reservations of coal,lignite,oil,gas and other minerals, together with all rights,privileges,and immunities relating thereto,appearing in the Public Records whether listed in Schedule B or not.There may be leases,grants,exceptions or reservations of mineral interest that are not listed. Easements,only to the extent burdening subject property,as set out in instrument filed 03118/2005,recorded in a#D205076774,Real Property Records,Tarrant County,Texas, (20'grading and drainage easement),as shown on survey prepared by Herbert S.Beasley Land Surveyors LP.,certified by Dick S.Jones,R.P.L.S.No.5524,dated 07/22/2020. Title to ,,toal,( gnite,oil,gas and other minerals in,under and that may be produced from the land th all rights,privileges,and immunities relating thereto,all of such interest,to tfStter :not previously reserved or conveyed,being reserved or conveyed in instrument filed Q / ,recorded in cc#D204216230,Real Property Records,Tarrant County,Texas,a '�nd�,`d in urvey prepared by Herbert S.Beasley Land Surveyors LP., certified by Dick S.J"�?r« r P �5.No.5524,dated 07/2212020.Company makes no representation a �bwnership of any such interests. Mineral lease together with alto ,pr ileges and immunities incident thereto,to J.G. Alexander,as Lessee,from Marvin B, "der and his wife,Kathleen Browder,as Lessor, described in instrument filed 10/111,19f, ,'rE Sorded in Volume 3737,Page 197,Real Property Records,Tarrant County,Teii)s,as"'Y10ted on survey prepared by Herbert S.Beasley Land Surveyors LP., certified by Dick S"'€ifffiy"R.P.L.S.No.5524,dated 07/22/2020. Company makes no representation as to the ownership of such interests. Mineral lease ether with all rights,privileges any tog g , munities incident thereto,to Homer L. Biggerstaff,Jr.,as Lessee,from Marvin Browder and wife,Kathleen Browder,as Lessor, described in instrument filed 09/15/1967,recorded in Volur ' 9,Page 240,Real Property Records,Tarrant County,Texas,as noted, su pfared by Herbert S.Beasley Land Surveyors LP., certified by Dick S.Jones,R.P..S.Noi` §'24 A 107/2212020. Company makes no representation as to the resent ownership y�"uch interests. Pa YP pan Mineral lease � 1 together with all rights,privileges and immunities Inadeig ther& ,to PHI Resources,Ltd.,as Lessee,from Litografia Tecnocolor,S.A.,as Lessor,`i9 eYfiCri Od ini instrument filed 02/13/1992,recorded in Volume 10532,Page 1928,Real trrr i rr Property Records,Tarrant County,Texas,as noted on survey prepared by H'e �t ,,€iii �easley Land Surveyors LP., certified by Dick S.Jones,R.P.L.S.No.5524,dated 07/2212 Company makes no representation as to the present ownership of any such intere ��tu>" w «SSS rv�iti ."'rErn r,5,, Mineral lease,together with all rights privileges and immunities incident thereto,to Antdi Resources,I LP,as Lessee,from Litografia Tecnocolor,S.A.,as evidenced by Memorandum gg of Oil and Gas Lease,filed 11/19/2003,recorded in Volume 17410,Page 309,Real Property Records,Tarrant County,Texas,as noted on survey prepared by Herbert S.Beasley Aj/ Land Surveyors LP.,certified by Dick S.Jones,R.P.L.S.No.5524,dated 07/22/2020. Company makes no representation as to the present ownership of any such interests. Page 5 DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 12 4873-1355-6232,v. 1 Page 6 of 6 As affected by the following instruments: (1)filed 03/30/2004,in cc*D204093691; (2)filed 03/30/2004,in cc*D204093692; (3)filed 07/13/2006,in cc*D206212585. Easement granted by Marvin Klein to the City of Fort Worth,filed 1110312017,recorded in a#D217256503,Real Property Records,Tarrant County,Texas,as shown on survey prepared by Herbert S.Beasley Land Surveyors LP., certified by Dick S.Jones,R.P.L.S.No. 5524,dated 07/22/2020. Mineral reservation in coal,lignite,oil,gas and other minerals together with all rights, privileges and immunities incident thereto contained in warranty deed from Litografia Tecnocolor,S.A. to MDC-The Trails Limited Partnership filed 03/18/2005,recorded in cc# 20507677'"eat Property Records,Tarrant County,Texas,as noted on survey prepared by Herbert Beery Land Surveyors LP.,,certified by Dick S.Jones,R.P.L.S.No.5524,dated 07/22/202Q U many makes no representation as to the present ownership of any such interests. "« Rights of third parti If ark,�S to the location of the Wood Fence South of the boundary line and North of the,5xrdaryt ne on the South side of the property,as shown on survey prepared b Herbert S.6 5 prep y � Laud Surveyors LP.,certified by Dick S.]ones,R.P.L.S.No. 5524,dated 07/22/2020. P, «<i »,. lU 10111 411111, zt: >33 � r,;,,�s�l. s}}}ss 7j} �r7Y22}�Fr, ��\ 011"A", . W gg ffff(t(((a' Page 6 DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 13 4873-1355-6232,v. 1 EXHIBIT `B" THE EASEMENT Page 1 of 6 Electronically Recorded Tarrantcounty Official Public Records 5/22/2014 3:33 PM D214106740 Variable Wi inage EasementPGS 6 $36.00 Parcel#01 Mary Louise Garcia Submitter: XEROXCOMMERCIAL Doe#7201 SOLUTIONS Henry Robertson Survey,Abstract No.1259 TRAILS OF FOSSIL CREEK STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT § CITY OF FORT WORTH PERMANENT DRAINAGE FACILITY EASEMENT DATE: February 13,2014 GRANTOR: MARVIN KLEIN GRANTOR'S MAILING ADDRESS(including County): 2000 ISLAND BLVD.,APT 709 AVENTURA, DADE COUNTY,FL 33160 GRANTEE:CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS(including County): 1000 THROCKMORTON ST. FORT WORTH,TARRANT COUNTY,TX 76102 CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. PROPERTY: BEING A TRACT OF LAND LOCATED IN THE HENRY ROBERTSON SURVEY, ABSTRACT No. 1259, TARRANT COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO MARVIN KLEIN,RECORDED IN INSTRUMENT NUMBER D204216230 IN THE OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS, (O.P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBITS WAND 'B'. (0.379 ACRES) Grantor, for the consideration paid to Grantor and other good and valuable consideration, hereby grants,sells,and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, PERMANENT DRAINAGE FACILITY EASEMENT Rev.04/12/2012 *ACS/TRC* TARRANT Doc: 000105740 Date: 05/22/2014 Vol: 0000000 Page: 00000 Page: 1 Of 6 DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 14 4873-1355-6232,v. 1 Page 2 of 6 replacement, upgrade, and repair of a Permanent Drainage Facility, hereafter referred to as "Facility". The Facility includes all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to manholes, pipelines,junction boxes, inlets,flumes, headwalls,wingwalls,slope pavement,gabions, rock rip-rap, drop structures and access ramps, and other erosion control measures in, upon, under and across a portion of the Property and more fully described in Exhibit"A" attached hereto and incorporated herein for all pertinent purposes,together with the right and privilege at any and all times to enter Property, or any part thereof,for the purpose of constructing, operating, maintaining, replacing, upgrading, and repairing said Facility. In no event shall Grantor (1) use the Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder,or(II)erect or permit to be erected within the easement property a permanent structure or building,including, but not limited to, monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that require a building permit, or any structure not requiring a building permit but which may threaten the structural integrity or capacity of the Facility and its appurtenances. Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and expense, including the restoration of any sidewalks, driveways, or similar surface improvements located upon or adjacent to the Easement which may have been removed, relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder provided, however,that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. TO HAVE AND TO HOLD the above-described easement,together with all and singular the rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors and assigns forever; and Grantor does hereby bind itself and its successors and assigns to warrant and forever defend all and singular the easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same,or any part thereof. When the context requires,singular nouns and pronouns include the plural. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] PERMANENT DRAINAGE FACILITY EASEMENT Rev.04/12/2012 *ACS/TRC* TARRANT Doc: 000105740 Date: 05/22/2014 Vol: 0000000 Page: 00000 Page: 2 Of 6 DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 15 4873-1355-6232,v. 1 Page 3 of 6 GRANTOR: Marvin Klein GRANTEE:City of Fort Worth Marvin Klein Fernando Costa,Assistant City Manager APPROVED AS TO FORM AND LEGALITY it I&'V ssistant City Attorn ACKNOWLEDGEMENT STATE OF FLORIDA § COUNTY OF DADE § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Florida, on this day personally appeared YV)Al2,klly1 f,1z3 , known to me to be the same person whose name is subscribed to the foregoing instrument,, and acknowledged to me that the same was the act of M AaV t A Kiel and that he/she executed the same as the act of said Jt O(VIA k(eJYi - for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this cl day of 12014. ANGIELAVILCHES Notary Public.State of Ron68 Commission#EE 8374 MyCamm.e><pit69c'd.2:;_,�,,' Notary b lc in and for the State of Florida g ` GELAVILCHES Notary Public,State of Florida ComrrdsOon#EE 837471 my comm.awrol SW.23.2016 PERMANENT DRAINAGE FACILITY EASEMENT Rev.0411212012 i *ACS/TRC* TARRANT Doc: 000105740 Date: 05/22/2014 Vol: 0000000 Page: 00000 Page: 3 Of 6 DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 16 4873-1355-6232,v. 1 Page 4 of 6 ACKNOWLEDGEMENT STATE.OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he/she executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. r GIVEN UNDER MY HAND AND SEAL OF OFFICE this 15 day of m 12014. c krti An t�,'u Notary Public in and for the Stat f Texas LINDAM.HIRRLINGERA MY COMMISSION EXPIRES Fsbmalry 2,2018 PERMANENT DRAINAGE FACILITY EASEMENT Rev.04/12l2012 *ACS/TRC* TARRANT Doc: 000105740 Date: 05/22/2014 Vol: 0000000 Page: 00000 Page: 4 Of 6 DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 17 4873-1355-6232,v. 1 Page 5 of 6 EXHIBIT "A" 589`4715 W MARVIN kLEIN �� — 384.32' 1/2'IRF"JBI" ❑ JOp• MAR INV KLEIN (CM) Ir--NST, N0. D204216230 (CM) INST. N0. D204216230 5 GG O.RR.D.C.T. j O.P.R.D.C.T. I VARIABLE WIDTH I 2 3 4 N89*47'15'E PERMANENT 30.0� DRAINAGE FACILITY s W EASEMENT EMERALD CREEK 0.379 ACRES cm) DRIVE 116,510 SO. FT. - �—SOI'08'22'W W 8 550.65 W NOI'08 22'E cD 24 22 2i 549.94 - \ 9 BURLINGTON NORTHERN ❑ i T—— —— I & SANTA FE RAILWAY z VOL.46, PG. 197 Li 18 EK q — i D.R.T.C.T. 17 �OVEI�voli i L�A2PG r/j 10 w of (TRPp213�33°z0 b MARVIN KLEIN o Ns� NpROCT. 20 INST. NO, D204216230 O Dti O.P.R.D.C.T. S RVE 11 U ERTSON 125g 11+ CO N�N A�5(RACE NO 12 GG CONS UCT10N ESMT. N INST�P,R,D,C�T. NO. D212033016 _ MPORARY �� CONSTRUCTION ESMT. I } I FF 1 (EXHIBIT C) 13 I m 2 NST. N0.D21 2 00 74 3 4 BURLINGTON NORTHERN ❑ 4 3 O.P.R.D.C.T. & SANTA FE RAILWAY "-08'22"E--- 15.21- I VOL. 12781,PG. 392 rQ 1/2 IRF"JBf a 38 39 40 4.. 1/2 IRF"JBI" N88'51'38'W I I I N0130.00 #3 DRAINAGE ESJT.AREA FOSS1 PLACE OF� I INST.No.D205076774 15 O.P.R.D.C.T. a `�Rp1`S OP APs 2s5 TEMPORARY CONSTRUCTION I MARVIN KLEI� CAB Rj�Y' ES MT. (EXHIBIT A) INST. NO.D204216230 04 P' INST.NO.D212007434 16 GG I O.P.R.D.C.T. 0 NOTES: O.P.R,D.F.T. I I C (1)ALL BEARINGS SHOWN HEREON ARE CORRELATED * L E G E N D C] TO THE TEXAS STATE PLANE COORDINATE SYSTEM. aNORTH CENTRAL ZONE 4202, NAD OF 1983.AS DERIVED BY FIELD OBSERVATIONS UTTUZING THE RTK NETWORK ADMINISTRATED BY WESTERN DATA SYSTEMS. CM CONTROLLING MONUMENT (2)THIS EXHIBIT WAS PREPARED WITHOUT BENEFIT OF IRF IRON ROD FOUND A CURRENT TITLE COMMITMENT. IRS IRON ROD SET W/ORANGE CAP (3)THIS SURVEY WAS MADE ON TH8 GROUND DURING STAMPED "W & A INC EASEMENT" THE MONTHS OF SEPTEMBER THRU NOVEMBER, 2013 UNDER THE DIRECTION OF AARON L STRINGFELLOW. IPF IRON PIPE FOUND O R.P.LS. NO. 6373. N (4) REFER TO THE ACCOMPANYING FIELD NOTES El EASEMENT DRAINAGE FACILITY EASEMENT � ATTACHED HERETO AND MADE A PART THEREOF. LO I 5/2 V I4 ,B ADDED'PERMANENT'TO THE EASEMENT nTLE FORT WORTH REV. DATE BY DESCRIPTION CHK. MARVIN KLEIN o SURVEYOR PREPARING THIS EXHIBIT: VARIABLE WIDTH PERMANENT DRAINAGE FACILITY EASEMENT WI . FORT WORTH, TARRANT COUNTY, TEXAS ER & ASSOCIATES, INC c DRAWN BYE CLM DATE105-21-2014 DWG. NO. REV. 701 HIGHLANDER BLVD.,SUITE 300 ARLINGTON,TEXAS 76015 MEN(817)467-7700 Texas Firm Registration No. F-2776 www.WierAssociotes.com JCHECIKEDBYe DATE-05-21-2014 Texas Board of Professional Land Surveying Registration No. 10033900 1 SCALE 11"-100' 1 APP., /4') 1 1 OF 2 1 *ACS/TRC* TARRANT Doc: 000105740 Date: 05/22/2014 Vol: 0000000 Page: 00000 Page: 5 Of 6 DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 18 4873-1355-6232,v. 1 Page 6 of 6 EXHIBIT "B" ca d� FIELD NOTES — DESCRIPTION VARIABLE WIDTH PERMANENT DRAINAGE FACILITY EASEMENT I BEING A TRACT OF LAND LOCATED IN THE HENRY ROBERTSON SURVEY, ABSTRACT No. 1259, TARRANT COUNTY TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO MARVIN KLEIN, RECORDED IN INSTRUMENT NUMBER D204216230, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, w (O.P.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: �I BEGINNING AT A POINT IN A WEST LINE OF SAID MARVIN KLEIN TRACT AND IN THE EAST LINE OF LOT b 15, BLOCK GG, TRAILS OF FOSSIL CREEK, PHASE 1, AN ADDITION TO THE CITY OF FORT WORTH TARRANT COUNTY, TEXAS, RECORDED IN CABINET A, SLIDE 10235, PLAT RECORDS, TARRANT COUNTY, TEXAS, (P.R.T.C.T.); rn w THENCE N 01'08'22" E, ALONG A WEST LINE OF SAID MARVIN KLEIN TRACT AND THE EAST LINE OF w SAID LOT 15, AT 15.21 PASSING A 1/2" IRON ROD WITH A CAP STAMPED "JBI", SAID 1/2" IRON ROD zBEING THE NORTHEAST CORNER OF SAID LOT 15 AND THE SOUTHEAST CORNER OF A TRACT OF LAND ¢ DESCRIBED IN A DEED (DENOTED AS TRACT 2) TO FOSSIL CREEK A2A DEVELOPMENTS, L-C, RECORDED IN INSTRUMENT NUMBER D213233020, O.P.R.T.C.T., CONTINUING ALONG AN EAST LINE OF SAID TRACT 2 o IN ALL A TOTAL DISTANCE OF 549.94 FEET TO A 1/2" IRON ROD FOUND WITH A CAP STAMPED "JBI", r BEING THE MOST EASTERLY NORTHEAST CORNER OF SAID TRACT 2, FROM WHICH A 1/2" IRON ROD w FOUND WITH A CAP STAMPED "JBI" BEARS S 89'47'15" W, 384.32 FEET, SAID IRON ROD BEING AN ELL ¢ CORNER OF SAID TRACT 2; THENCE N 89'47'15" E, 30.01 FEET TO A POINT IN AN EAST LINE OF SAID MARVIN KLEIN TRACT AND w d THE WEST LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO BURLINGTON NORTHERN & SANTA FE RAILWAY, RECORDED IN VOLUME 12781, PAGE 392, DEED RECORDS, TARRANT COUNTY, TEXAS J (D.R.T.C.T.); THENCE S 01'08'22" W, ALONG AN EAST LINE OF SAID MARVIN KLEIN TRACT AND THE WEST LINE OF m SAID RAILWAY TRACT, 550.65 FEET TO A POINT; z N THENCE N 88'51'38" W, DEPARTING AN EAST LINE OF SAID MARVIN KLEIN TRACT AND THE WEST LINE OF SAID RAILWAY TRACT, 30.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.379 ACRES (16,510 SQUARE FEET) OF LAND, y MORE OR LESS. in 0 °' S/f�N7 OF ��[ N � .N AARON L. STRINGFELLOW o........».e 9�0�6373 LO 0� y•.,Essi,.• 0 W m F J THIS SURVEY WAS MADE ON THE GROUND UNDER THE DIRECT SUPERVISION OF AARON L. LLOM! N R.P.LS. NO. 6373 DURING THE MONTHS OF SEPTEMBER THRU NOVEMBER, 2013. ALL BEARINGS RECITED HEREIN I ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF N 1983. REFER TO THE ACCOMPANYING EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF. I u7 FORT WORTH I 8/2VH a ADDED'PEmmwr'To Tic EASEM7lf TRLE REV. DATE BY DESCRIPTION CH<. MARVIN KLEIN V//hSURVEYOR PREPARING THIS EXHIBIT: VARIABLE WIDTH PERMANENT DRAINAGE FACILITY EASEMENT WIER & ASSOCIATES, INC. FORT WORTH, TARRANT COUNTY, TEXAS O DRAWN BY,CLM DATE,05-21-2014 DWG. NO. REV. '2 701 HIGHLANDER BLVD.,SURE 300 ARUNGTON,TEXAS 76015 METRO(817)467-7700 Texas Firm Registration No. F-2776 www.VierAssooiotes.com CIECKED BY, AE JDATE,05-21-20141 2 OF 2 Texas Board of Professional Land Surveying Registration No. 10033900 SCALE,NIA APP. *ACS/TRC* TARRANT Doc: 000105740 Date: 05/22/2014 Vol: 0000000 Page: 00000 Page: 6 Of 6 DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 19 4873-1355-6232,v. 1 0� JTHOMAS , OVERALL PLAN Page 1 of 5 END CONCRETE LINED 4700 BRYANT IRVIN CT,SUITE 204 PHONE-(817)732-9839 TRAPEZOIDAL DITCH FORT WORTH,TX 76107 FAX- (817)732-9841 M ' REGISTRATION NO.F-9435 MJT NO.- 922-001 I >'' ; PROPOSED VARIABLE WIDTH DRAINAGE EASEMENT (BY SEPARATE INSTRUMENT) o q g In rn N _ N 3'a S S .D CREEK D E 1 I11< op ,................................ c�. ; BRAD A. LEHMAN / 12471 5 TYPICAL SECTION00 '81G��% I 0 N V30/21 — TYPICAL SECTION Sz x I n = 0.013 SAVG = 0.0020 ft/ft I EXISTING 1 L 1.56 qOO PROP = 37.9 cfs I GRAVEL ROAD 2 V1OO PROP = 4.73 fps DEPTH = 1.56 ft - f I I I EXISTING � I I FENCE 1 I " EXISTING I FENCE OSSIL CREEK I CC# p216 p.R.T.C.T. EXISTING 30' WIDE 12 l DRAINAGE EASEMENT ar l� U OF m aOQ EXISTING CONCRETE I 13 N� TRAPEZOIDAL DITCH II I (W-2310) W zl 'q �I EXISTING PRIVATE 3-18"ii CMP'S BEGIN CONCRETE LINED J !�`� SCALE 1"=60' FEET [TRAPEZOIDAL DITCH 101 ll 0 30 60 120 W f � � o a, m O x N I W cq C> M Lo = N I cn I I I X � I J O a II a Q � .� N I U a CDl w �7 Ln I o � � Q , M '�' I ILq o N x Z Q l l NII I o N Q x � W N I ► I � N : Z: . � W Do N � Q�'•• • a' •'�'yi 11 U � LO LU z �• , J:I� z:Q o. u,.z"oUJ I Q 11i;•*,•. m Qo�c� I zzoo N, I zoQzo p � p ^ I W o W z Z S W U -J X J U U N cco I ~ � Q ALi LL, Cl) ' I LLJ Q Q Z 2 H �aZozcnm z w -cc Uo Lq > Q LLJ C, Z N ► : n w � � m Ln ► CD m rn ► LL >XZ of ~Z ► ¢�~ r }O� mom oWF F I H d N W U LL x _ z m cnM a I Co M �C-13 CD Lo _ o I I N W) CD x � m o z � oou w Z N II I I o uO �� IR Q - d � O C9 co,d Q � III 7 I U �� O G W w W C N U>Q oC u �� I N I I U y II I Ix 11 r I � CV I I alll I I rN n m I- N. N Q =��\\\\\ 2 �( l'NN� I W Z Q _O f. ell • CD 10, 2 LU � 0 w:z � f a • ' Q: � Jz II1 sj•*• •� m �� ,, W Ckt CD M W I Q Z H U O N. I Q Z N O0:: Z Q um Q W ? W � z I o0 N Q I U `N W H W M�a WQ I � zztn m y 3a m co oc,4QUO MM� ~ I D rri I w o X z I z z . z a-U- x G7 D r co I � o N -Ti 'v Iz SN rn � � I I I M O V HO� IUAL �r z I V � O_ z of �O� o0� x fc. I 101 w � m LL III a z Z m J O .•� I I Lj M O I I I I W z � I ti� o N :i N I U II o o W Q � L _ - Wcr- H CNc3>� a a c, x ``J Lq pullco N z � � \ N C:�i I � 0 i Iz **..CNN`` o I D G� i P�'•• � ��ti�11 �' to I fTl LO �2 a w.r N%J� W � �: • J:r� z.Z � I Z " N: I 1l••• �:rv•CLu �� ~ Q N �116�5••••••: m: •:O�IVi� X z 1�� *: •Q�... I W Mao y c"I N��co p M co� p N I O W.o o , Z x n N I J � 4 dU-� I o WJ a W1 .1 J N I o z Co t,4 II I c' Off ' I I Li z 0 N Yr H Lo II • I CD co Z,—d x r C)� HISS �� I 0� CD ow C:rlre I) J w J Q LL o cc C LU z I I O (/) Q � _ o m W N = N x o I w Z = ' 4J J � Q U � I Z � � W I Z � LO in I — o— Q Im 0 a:N m�Q"qc= I m 00 co co 9 woo z . z 1 r x 1� OQF- ICD w M M M M U >XZ zEF- 9 }O m�� o W U w v w a EXHIBIT "D" 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 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 UPGRADE AND MAINTENANCE AGREEMENT 25 4873-1355-6232,v. 1 EXHIBIT "E" 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 and 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 DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 26 4873-1355-6232,v. 1 Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation DRAINAGE CHANNEL UPGRADE AND MAINTENANCE AGREEMENT 27 4873-1355-6232,v. 1