HomeMy WebLinkAboutContract 57244 Date Received: 03/15/2022 Permit No.: SWFNIA-22-0010
Time Received: 11:33 AM City Secretary No.: 57244
DRAINAGE CHANNEL
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 14th day of March
2022, by and between Derek Carson and Annie Carson 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 a portion of Lot 9, Block 2 of the Handley Heights South Addition situated in
Tarrant County, Texas as described in the deed to Derek Carson and Annie Carson,
recorded in Instrument Number D221060556 of the Deed Records of Tarrant County,
Texas (D.R.T.C.T.) and being a portion of Lot 9, Block 2 as noted in Volume 388-D, Page
199 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.) 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 Willards Trails, 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;
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 1
Rev.11/19/2020 JLE
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;
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
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 2
Rev.11/19/2020 JLE
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 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
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 3
Rev.11/19/2020 JLE
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 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 4
Rev.11/19/2020 JLE
Executed this 14th day of March 2022
CITY: LANDOWNER:
DJ Harrel[ 14,2022 16:02 CDT)
DJ Harrell, ere Carson
Development Services Director
City of Fort Worth Date: 3. 3.2 u z 2-
Date: Mar 14,2022 '
(�M A
� ( �
Annie Carson
Date: r Z
Approved as to Form and Legality:
Thomas Royce Hansen,
Assistant City Attorney II
City Attorney's Office
Contract Compliance Manager:
Date: Mar 11,2022 By signing I acknowledge that I am the
person responsible
for the monitoring and administration of
ATTEST: this contract, including
�aOioFORTad ensuring all performance and reporting
Tgnnette S. Goo�%ll a�o oOpd� requirements.
o
Jannette S.Goodall(Mar 15,202209:33 CDT) o o�Y
0
Jannette Goodall �pv o 0
City Secretary dam
00000000 ICY
City of Fort Worth tt ratio"Ape Janie S. Morales,Planning Manager
Development Services
Date: Mar 15,2022
Date: Mar 11,2022
OFFICIAL RECORD
CITY SECRETARY
DRAINAGE CHANNEL MAINTENANCE AGREEMENT FT.WORTH, TX
Rev.1 1/19/2020 JLE
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on March 14, 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
Nguyen Date:2022.03.15 08:47:05
1�9
BICH SON THI NGUYEN -05,00,
Notary Public
STATE OF TEXAS Notary Public, State of Texas
Notary I.D. 133389224
My Comm.Exp.Oct. 13,2025
STATE OF 0-2) §
COUNTY NTY OF 'r AAAA& §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
T ,a on this day personally appeared AAAt'e Ca[S91)
(name), Lqn dowle,,- _ _ (title), known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, as the
act and deed of L AA J o("I V (ant ity-), _ ..-.a
(entity type) aria in tie caplacity--therein—
stated-
GIVEN UNDER MY HAND AND SEAL OF OFFICE this $ day
of , 20 �,j .
Notary Public, State of Texas
CATHERINE F HITT
Notary ID#2406499
My Commission Expires
orb March 28, 2025 OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 6
Rev.11119/2020 JLE
STATE OF TeK W §
COUNTY OF laAkaAlst §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
, on this day personally appeared p«< k- cats a/1
(name), L (title), known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, as the
act and deed of �ti.•�.wny' - -a--
(.ent�iy, t3`Pe3—�--�—i<.�e_capacit3c � .mein
sta�ecl--'
GIVEN UNDER MY HAND AND SEAL OF OFFICE this U� day
of _ , 20�.
Notary Public, State of Texas
;t►�RY pLen CATHERINE F HITT
Notary I0#2406499
^a My Commission Expires
9�'OF ` March 28, 2025
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 7
Rev.11/19/2020 JLE
EXHIBIT "AI'
BEING a tract of land situated in the J. Cleary Survey, Abstract No. 269, City of Fort
Worth, Tarrant County, Texas, being part of a tract conveyed to Derek and Annie Carson,
by deed recorded in Document No. D221060556 of the Deed Records, Tarrant County,
Texas (DRTCT), also being a portion of Lot 9, Block 2, Handley Heights South Addition,
according to the plat recorded in Volume 388—D, Page 199 of the Plat Records, Tarrant
County, Texas (PRTCT), with the subject tract being more particularly described as follows:
BEGINNING at a point on the south line of said Carson tract, also being on the north line
of a tract of land conveyed to the City of Fort Worth, by deed recorded in Document No.
D210205134 DRTCT, and from which a 5/8" iron rod with plastic cap found for the
southeast corner of said Carson tract, also being on the north line of said City of Fort
Worth tract, and being the southwest corner of a tract conveyed to Bluestone Natural
Resources II, LLC, by deed recorded in Document No. D216074579 DRTCT, bears N
89°35'25"W, 30.00 feet;
THENCE S 89°35'25" W, 30.00 feet along the common line thereof to a point from which a
5/8" iron rod with plastic cap found for the southwest corner of said Carson tract, also
being on the north line of said City of Fort Worth tract, and being the southeast corner of
a tract conveyed to James and Glenda Wilborn, by deed recorded in Volume 13866, Page
299 DRTCT, bears S 89°35'25" W, 135.45 feet;
THENCE N 00°26'46" W, 33.82 feet;
THENCE S 89°38'06" W, 60.00 feet;
THENCE N 00°26'46" W, 25.00 feet;
THENCE N 89°38'06" E, 60.00 feet;
THENCE N 00°26'46" W, 166.88 feet;
THENCE N 13*36'13" W, 39.46 feet;
THENCE around a non—tangent curve to the left having a central angle of 34°12'33", a
radius of 51 .00 feet, a chord of N 76°23'47" E — 30.00 feet, an arc length of 30.45
feet;
THENCE S 13°36'13" E, 42.92 feet;
THENCE S 00°26'46" E, 170.38 feet;
THENCE N 89°38'06" E, 60.00 feet;
THENCE S 00°26'46" E, 25.00 feet;
THENCE S 89°38'06" W, 60.00 feet;
OF
� TFf
THENCE S 00°26'46" E, 33.80 feet to the POINT OF BEGINNING with S e P�� RF
the subject tract containing 11 ,014 square feet or 0.253 acres ofLp
°
land. PAGE I OF 2 DARREN K. BROWN
A 5252
IVSPIARS DRAINAGE EASEMENT �OFfS_S\O
ENGINEERINv&bUKVhYwL J. CLEARY SURVEY S UR`�
7SCuMwittl4Suh100 . Plano,TX750T5 . 27IA22.W" , A-269
TBPENd F2121 • TLKft F10019100 • www.tpaneng,aom
Drawn: Checked: I Date Job No. CITY OF FORT WORTH
TB I DKB 1 1/4/22 21-059 TARRANT COUNTY, TEXAS DARREN K.BROWN, R.P.LS.5252
Drawing:G\2021 JOBS\21-059 6312 vdllara\ADMIN—9JRvEY\DVG\SVAMA Exbibit.dwg Saved By:Tbamett Save Time:2/2/2022 9A2:40 AM Plotted by: tbarnett Plot Date: 2/2/2022 9:03 AM
EXHIBIT A
x
R=51.00'
0 r D=34'12'33"
L=30.45'
CB=N 76'23'47" E
CD=30.00' S 13°36'13" E
42.92'
N 13°36'13" W
39.46'
20 0 20 40
DEREK AND ANNIE CARSON
1" = 4 0'
PORTION OF LOT 9, BLOCK 2
Basis of bearing: Drainage HANDLEY HEIGHTS SOUTH ADDITION
State Plane Coordinate D221060556
System, North Texas Easeinent D.R.T.C.T.
Central Zone 4202, North 0.253 Ac.
American Datum of 1983. (11,014 S.F.)
Adjustment Realization
2011.
I
00
M
tD O
Q
I
Z 2
5' Electrical Esmt. w J. CLEARY SURVEY
�—Doc. No. D178081850 io ABSTRACT NO. 269
DRTCT N
CV
C, O
Z (n
I
I
I
I
I
I
I
75' Temp. Construction Esmt.
Doc. No. D220203854
I
DRTCT
I
N 89'38'06" E - 60.00' N 89'38'06" E 60.00'
N 00'26'46" W S 00'26'46" E
I
25.00' 25.00'
I
L-------- - --------r -----
--------- S 89°38'06" W - 60.00 S 89°38'06" W - 60.00' T
10' Utility Esmt. S 00°26'46" E 30' Sanitary Sewer Esmt.
Doc. No. D146032504 N 00°26'46" W Doc. No. D220203853
PRTCT 33.82'L 33.80' DRTCT
— — — — S 89'35'25" W - 135.45' — — — — — — — -N 89°35'25" E - 145.55'— — — — — —
- - _5/8" CIRF- - _ - - - -30' Sanitary Sewer Esmt.- - - - - - - - - - - - - - - - - - -
(CM) As it appears on City POINT OF
asbuilts x-18017 S 89°35'25" W BEGINNING
CITY OF FORT WORTH (No Document Found) 30.00'
____ ________________________
PART OF LOT 11, ____
----------
BLOCK 2
HANDLEY HEIGHTS OF
--- SOUTH -- ---------------- -- T
D210205134 Al T l R,p
D.R.T.C.T. LP
0 9
F— PAGE 2 OF 2 DARREN K. BROWN
A 5252
VSPIARS DRAINAGE EASEMENT ��FfS_5\0�
ENGINEERING&suRVEYING ��
TS��.a.�100 . Plan4TX750T5 . yT2,�W,T J. CLEARY SURVEY, A-269
TBPENOF2121 • TLMft F10019100 • www.tpaneng,aom
Drawn: Checked: I Date Job No. CITY OF FORT WORTH
TB DKB 2/2/22 21-059 TARRANT COUNTY, TEXAS DARREN K.BROWN, R.P.LS.5252
Drawing:G\2021 JOBS\21-059 6312 villand\ADMIN—9JRVEY\DVvG\SSFMA Exbibit.dwg Saved By:Tbamett Save Time:2/2/2022 9:02:40 AM Plotted by: lbarnett Plot Date: 2/2/2022 9:04 AM
EXHIBIT B
Page 1 of 4
MON
ROBEDALE ST
MALLARD RD
PROJECT LOCATION
i�
LAKE
ARLINGTON
EABTLAMD ST
LOCATION MAP
1" = 2000'
City Project No. 103611
MAPSCO NO. TAR-080S
CITY COUNCIL DISTRICT NO. 5
N
W ® E
S OWNER / DEVELOPER
0 1000 2000 4000 Derek Carson
600 West 6th Street W I LLARD L�SPIARSSuite 300
Fort Worth, Texas 76102 TRAILS 5L.—e ENGINEERING F-V n&SURVEYING
r cirde,sTiea34 • awn r�7si77 972.422.0077
1 inch = 2000 ft. Telephone: (817) 877-2850 ryla,ea��e;.'P.E. �'Ma'eama,�=;arsa�9�ee�°9:�om
Drawing:g:\2021 jobs\21-059 6312 willard\21-059 Ynllard CFAdwg Saved By:J11—y-tt Save T— 1/7/2022 10:05:18 All Plotted by:jh,ney-tt Plat Date: 1/7/2022 10:07 AM
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15 0 15 30 0 Hydromulch/Seed
I LO
V$ 30$
Basis of bearing: \ n
State Plane Coordinate System, North o
Texas Central Zone 4202, North
I
American Datum of 1983. Adjustment
Realization 2D11. II /
/
\
rn /
L /
II � /
570 o
II I II
— — — — — — — — — — — — — — — —
i o /
_ - - - - - -569 - - - - - - -
- - - - 568- -
I — — --568
569
�s�
569
— \
_ — EXHIBIT B
Page 3 of 4
IVSPIARS GRADING & LANDSCAPE PLAN
ENGINEERING&SURVEYING
7650A rO0s SUM100 . gwOM75M . 9724UOW WILLARD TRAILS SWFMA Cc 411 /
TOPE No F2121 • n M N0. w r-10M100 • AplifLM,oO 11 U U— \ \J /
Drawn: Checked: Date Job No. CITY OF FORT WORTH
TB DKB 3/2/22 21-059 1 TARRANT COUNTY, TEXAS \ /
Brad%1\2021 JOBS\21-059 6312 Pm.deg So,1 By.ihomMt Saw Gmc 10/23/2021 9:5094 OM Plotted by ttomett Plot Date:3/2/2022 2:I7 PO
576
574 \
— 572
20 0 20 40 ' / •
1$$ 40' I
Basis of bearing: / Curb Inlet /570
State Plane Coordinate System, North I 1 1`� Protection I /
Texas Central Zone 4202, North
American Datum of 1983. Adjustment I I
Realization 2011.
5j
Rock Lr 30' Public /
Check Dam (Typ.) \\ Drainage Esmt _ —
I
DEREK AND ANNIE CARSON
5' ELECTRICAL EASEMENT I PORTIONt� LOT 9, BLOCK 2
D178081850 HAND�YHEIGHTS SOUTH ADDITION —
D R T C T _ _ — D221060556 /
570�/ rn D.R.T.C.T. /
— — — — — — — — — — — — — — — —
— — — —
I� o /
— — — — — —569 I 25'x6O' Public
Drainage Easement
75' TEMPORARY CONSTRUCTION EASEMENT
D220203854 30' SANITARY SEWER EASEMENT
D.R.T.C.T. ., a �•� ,i ,. D220203853
—5F^ 569 S6 568 D.R.T.C.T.
8 569
\ 568 568
Stone Overflow EXHIBIT B
25'x6O' Public Structure
— — — Drainage Easement _ Page 4 of 4
I � �
—————————————— — c - � — ---- --
64./3 ------- -----aJ /nGll •v 31�.♦✓V -- --- ---� -s�---�--
30' SANITARY SEWER EASEMENT AS IT G�J 06 60
APPEARS ON CITY ASBUILTS X-18017 �565 �\ / i5 IVSPIARS EROSION CONTROL PLAN
ENGINEERING&SURVEYING /
,��,rR045i ft100 . pWiX75M . 97242yOW WILLARD TRAILS SWFMA — PGAS
TOPE No F2121 • TBIPS N0.F0N 10100 • w AplaeaM—o
Drawn: Checked: Date Job No.
CITY OF FORT WORTH — — — — — — — —
TB DKB 3/2/22 21-059 TARRANT COUNTY, TEXAS
Dromnl:Q\2021 jm\21-059 6312,1&d\21-0-& m CmV.d,g Sa 6y jM ptt Saver 10/13/2021 214.28 RN Piottea by ttom tt Plot Date:3/2/2022 2:20 PM
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 1
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
and
Amount of silt in
flume
Amount of ponded
water
Amount of wetland
vegetation
Location of Erosion
Percent of vegetation
Condition of trash
and
Location of Erosion
MAJOR
INSPECTIONS
Condition of Storm
Water Quality
Structure
Type of Storm Water
Quality Structure
Structure type and
Condition
Condition of Rip-Rap
Condition of filtration
system
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 1
Rev.11/19/2020 JLE
Berm or Embankment
Settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of Aeration
Foundation
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 2
Rev.11/19/2020 JLE