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HomeMy WebLinkAboutContract 58349 Date Received: 11/2/2022 Permit No.: SWFMA-22-0069 Time Received: 3:00 P.M. City Secretary No.: 58349 RETAINING WALL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of November 2022 by and between Shammy's Beach St, LLC, acting by and through Jon Young, as its duly authorized signatory, 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 a tract of land situated in the Franklin Woods Survey, Abstract No. 1624, Fort Worth, Tarrant County, Texas according to the Plat recorded in Document No, D218010142 of the Official Public Records, Tarrant County, Texas, as conveyed to Shammy's Beach St, LLC, by Special Warranty Deed, recorded in Document No. D222217462, Deed Records, Tarrant County, Texas,hereinafter called the"Property". WHEREAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as Shammy's Car Wash, 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 the construction and maintenance of a Retaining Wall Facility on a portion of the Property being more particularly described by the metes and bounds in Exhibit"A"; 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 a Retaining Wall Facility be constructed and maintained on a portion of the Property; and; OFFICIAL RECORD CITY SECRETARY RETAINING WALL MAINTENANCE AGREEMENT Rev.6311 512 02 2 BN FT. WORTH, TX WHEREAS, the City requires that a Retaining Wall Facility ("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 on 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 Retaining Wall 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. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. 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, which needs maintenance or replacement to perform their design function, shall be noted in the inspection report along with the corrective actions to be taken. 3. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facility Property whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. ( 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 I authorized agents and employees, may enter upon the Facility Property and RETAINING WALL MAINTENANCE AGREEMENT Rev.0311512022 BN take whateyerstpps 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 Landowners. 5. The Landowner, its successors and assigns, will perform the work necessary to keep the Facility in good working order as appropriate. In the event the City pursuant to this Agreement,performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. In the event that Landowner or its successors or assigns fail to pay the City for the costs incurred under this section, the City shall impress a lien for the costs of such work upon other lots owned by the Landowner. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF OWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE RETAINING WALL IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY RETAINING WALL MAINTENANCE AGREEMENT Rev.03/1 612 0 2 2 BN DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) EROSION OF THE SOIL BELOW THE RETAINING WALL AND ITS FOOTING, AND (2) AND FAILURE OF THE RETAINING WALL AND ITS FOOTING TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER. 7. 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. [REMAINDER OF THIS PAGE TO REMAIN BLANK] RETAINING WALL MAINTENANCE AGREEMENT Rev.0 311 512 022 BN 4 Executed this day of 20 CITY OF FORT WORTH LA Nl WNER Sham 3' B ach St,LLC a Tex I i lit d Liability Company D.lHarrett(Oc�022i1:45CDT) on behalf of Dana Burghdoff By:Jon o n Assistant City Manager Title:A th ri•ed Signatory City of Fort Worth 0 Oct 28, 2022 �b y( rj,�,.• Date Date: .Approved as to Form and Legality: i t Thomas Royce Hansen, Assistant City Attorneyll City Attorneys Office Date: Oct 26, 2022 4,dggURR�� _ �s joo oRt 0�aad % d ATTESTS ago o�=0 Contract Compliance Manager: pP 000a �a �ararasFfa-S. �oor7aCG °aaa�tF00000 By signing,I acknowledge that 1 am the JannetteS.Goodall(N5v 1,2022 08-32 CDT) Ilnuaogq person responsible for the monitoring Jannette S. Goodall and administration of this contract, City Secretary including ensuring all performance and Date: Nov 1, 2022 reporting requirements. Matt 1 cCCti do,dehca'a Matt Tilly on beha of(Oct 26,2022 13A6 C T) OFFICIAL RECORD Janie Scarlett Morales Development Manager CITY SECRETARY Date: Oct 26, 2022 FT. WORTH, TX RETAINING WALL MAINTENANCE AGREEMENT rJ Rev.0311 5120 2 2 BN t i STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Oct.28,2022 by DJ Harrell of the City of Fort Worth, on behalf of the City of Fort Worth. Director of Development Services Dept. Digitally signed by Bichson RYF' Bichson Nguyen BICH SON THI NGUYEN Date:2022.10.2814:44:30 2 P Notary Public Nguyen *®* STATE OF TEXAS 05'00' Notary I.D. 133389224 9�oF My Comm.Exp.Oct. 13,2025 Notary Public, State of Texas STATE OF �XF�S § COUNTY OF I pS § BEFORE ME, the undersigned authority, a Notary Public in and for the State of l yA!a , on this day personally appeared O„[ 1oudC (name), a u'T�io tU 2C-0 Si L'YJ AW t i _ (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 t4 (entity), a L" -o (entity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ! day of 20 . r Y P� Notary blic State off: Bianca Nicole Maninez e o IQ� My Commission Expires 0811012024 v 'c 0 No 132611814 �pft� RETAINING WALL MAINTENANCE AGREEMENT 6 Rev,0311512022 BN EXHIBIT "A" INSERT LEGAL DESCRIPTION RETAINING WALL MAINTENANCE AGREEMENT Rev.03/15/2022 BN EXHIBIT A EXHIBIT "A" EASEMENT DESCRIPTION Being a 0.0560 acre tract of land situated in the Franklin Woods Survey, Abstract No. 1624, City of Fort Worth, Tarrant County, Texas, being part of Lot 2R, Block 1, Lee Subdivision Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat thereof recorded in Document Number D218010142 of the Official Public Records, Tarrant County, Texas, (O.P.R.T.C.T.), as conveyed to Shammy's Beach St, LLC, by Special Warranty Deed, recorded in Document Number D222217462, (O.P.R.T.C.T.) and being more particularly described as follows: COMMENCING at a 3/4 inch iron rod(Controlling Monument(CM))found on the common southwesterly corner of said Lot 2R, and an ell corner of Sylvania Park, a tract of land conveyed to the City of Fort Worth(recording information not found); THENCE North 89 degrees 25 minutes 07 seconds East, along the common southerly line of said Lot 2R and a northerly line of said Sylvania Park, a distance of 24.00 feet to a point for corner on the common southerly line of said Lot 2R, and the northerly line of Lot 1-R, Block 1, Corbell Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-164, Slide 11 (O.P.R.T.C.T.); THENCE departing the aforesaid common line, and being over, under and across said Lot 2R,the following seventeen(17)calls; 1)North 00 degrees 34 minutes 53 seconds West, a distance of 47.47 feet to the POINT OF BEGINNING, said point also being the beginning of a curve to the left, having a central angle of 02 degrees 43 minutes 41 seconds, a radius of 45.25 feet and being subtended by a chord bearing of North 68 degrees 11 minutes 56 seconds West, a chord distance of 2.15 feet; 2)Continuing in northwesterly direction,an arc distance of 2.15 feet to a point for corner, said point being the beginning of a reverse curve to the right, having a central angle of 69 degrees 17 minutes 26 seconds, a radius of 24.75 feet and being subtended by a chord bearing of North 34 degrees 55 minutes 03 seconds West, a chord distance of 28.14 feet; 3)Continuing in northwesterly direction,an arc distance of 29.93 feet to a point for corner; 4)North 00 degrees 16 minutes 20 seconds West, a distance of 21.76 feet to a point for corner, said point being the beginning of a curve to the right, having a central angle of 69 degrees 29 minutes 18 seconds, a radius of 24.75 feet and being subtended by a chord bearing of North 34 degrees 28 minutes 19 seconds East, a chord distance of 28.21 feet; 5)Continuing in northeasterly direction, an arc distance of 30.02 feet to a point for corner; 6)North 69 degrees 12 minutes 57 seconds East, a distance of 165.91 feet to a point for corner, said point being the beginning of a curve to the right, having a central angle of 40 degrees 33 minutes 39 seconds, a radius of 34.75 feet and being subtended by a chord bearing of North 89 degrees 29 minutes 47 seconds East, a chord distance of 24.09 feet; 7)Continuing in northeasterly direction,an arc distance of 24.60 feet to a point for corner; 8)South 70 degrees 13 minutes 24 seconds East, a distance of 10.41 feet to a point for corner; 9)South 19 degrees 46 minutes 36 seconds West, a distance of 9.00 feet to a point for corner; WALL MAINTENANCE EASEMENT ojVV '' �EOFrF a A PORTION OF LOT 2R, BLOCK 1 "' 'R m CHASE CRAWFOD LEE SUBDIVISION ADDITION t.o 6913 v:...FRANKLIN WOODS SURVEY, ABSTRACT NO. 1624 (E RSE CITY OF FT. WORTH, TARRANT COUNTY, TEXAS �Np Es s'u'4q L ®A IM UZ Survey ng I Construction Sbl6M I Platting JOB No. TR-70.2-21 DRAWN BY: CC 14200 Midway Road,Suite 130 Dallas,TX 75244 T:469.784.9321 DATE: SEPTEMBER 26, 2022 CHECKED BY: MAN CHASE CRAWFO D W:TraverseLandSurveying.com SCALE: 1"=50' SHEET 1 OF 4 TEXAS RPLS NO. 6913 Texas Firm No.10194631 EXHIBIT A EXHIBIT "A" 10) North 70 degrees 13 minutes 24 seconds West, a distance of 10.41 feet to a point for corner, said point being the beginning of a curve to the left, having a central angle of 40 degrees 33 minutes 39 seconds, a radius of 25.75 feet and being subtended by a chord bearing of South 89 degrees 29 minutes 47 seconds West, a chord distance of 17.85 feet; 11) Continuing in southwesterly direction,an arc distance of 18.23 feet to a point for corner; 12) South 69 degrees 12 minutes 57 seconds West, a distance of 165.91 feet to a point for corner, said point being the beginning of a curve to the left, having a central angle of 69 degrees 29 minutes 18 seconds, a radius of 15.75 feet and being subtended by a chord bearing of South 34 degrees 28 minutes 19 seconds West, a chord distance of 17.95 feet; 13) Continuing in southwesterly direction,an arc distance of 19.10 feet to a point for corner; 14) South 00 degrees 16 minutes 20 seconds East, a distance of 21.76 feet to a point for corner, said point being the beginning of a curve to the left, having a central angle of 69 degrees 17 minutes 26 seconds, a radius of 15.75 feet and being subtended by a chord bearing of South 34 degrees 55 minutes 03 seconds East,a chord distance of 17.91 feet; 15)Continuing in southeasterly direction, an arc distance of 19.05 feet to a point for corner, said point being the beginning of a reverse curve to the right, having a central angle of 02 degrees 31 minutes 04 seconds,a radius of 54.25 feet and being subtended by a chord bearing of South 68 degrees 18 minutes 14 seconds East,a chord distance of 2.38 feet; 16) Continuing in southeasterly direction,an arc distance of 2.38 feet to a point for corner; 17) South 21 degrees 53 minutes 56 seconds West, a distance of 9.01 feet to the POINT OF BEGINNING and containing 0.0560 acres of land (2,437 square feet), more or less. WALL MAINTENANCE EASEMENT `°� �0FrF A PORTION OF LOT 2R, BLOCK 1 "'CHASE CRAW ................."" LEE SUBDIVISION ADDITION Q 6913 v E RSE FRANKLIN WOODS SURVEY,ABSTRACT NO. 1624 �9��Fess%c 'oQ CITY OF FT. WORTH, TARRANT COUNTY, TEXAS SURy ® GEI Sunieying I Consl uc Staking j PlalkV JOB No. TR-70.2-21 DRAWN BY: CC 14200 Midway Road,Suite 130 Dallas,TX 75244 T:469.784.9321 DATE: SEPTEMBER 26, 2022 CHECKED BY: MAN CHASE CRAWFO D W:TraverseLandSurveying.com SCALE: 1"=50' SHEET 2 OF 4 TEXAS RPLS NO. 6913 1 Texas Firm No.10194631 EXHIBIT A EXHIBIT "A" 1/2- IRON ROD ( / 5/8- IRON ROD FOUND (CM) / \ LS PROP COR)R FOUND E(CM) I DRAINAGE EASEMENT I ODS SURVEy VOL. 7688. PG. 625 O.P.R.T.C.T. FLAB TACT No. 1624 I I I FLOODWAY EASEMENT INST. NO. D218010142 M ( O.P.R.T.C.T. a �1 10' UTILITY EASEMENT C4 INST. NO. D218010142 �4 cI O.P.R.T.C.T. I w a I � 16591' C5 4 8 ��• E V� 0 Z I N 69�2 16591' 9' WIDE WALL I ►�i = MAINTENANCE EASEMENT I S 6 h2 0.0560 ACRES _ I (2,437 SQ. FT.) I w o SYLVANIA PARK I G I CITY OF FORT WORTH I �� W 03 n LOT 2R,BLOCK I I Q L3 —J LEE SUBDIVISION ADDITION I Q DOCUMENT NO.D218010142 nj 8 O.P.R.T.C.T. SHAMMY'S BEACH ST, LLC I L8 DOC. NO. D222217462 I O.P.R.T.C.T. C1 POINT OF 8,292 ACRES I BEGINNING s292 so. FT. I � I 1 I 5/8- IRON ROD Li —— _ -- _ — _ — _ — - - - - FOUND (CM) POI Lt S 89'25'07'W — 251.72' POINT OF COMMENCING 3/4- IRON ROD FOUND (CM) LOT 1-R,BLOCK 1 CORBELL ADDITION VOL.388-164,SLIDE 11 O.P.R.T.C.T. I 50 25 0 50 The Basis of Bearings is from the Texas State Plane Coordinate System,NAD83, I I North Central Zone as derived from GPS observations using the Allterra RTK SCALE I N FEET Network and adjusted to surface using a surface scale factor of 1.00012. WALL MAINTENANCE EASEMENT S 1-- �OF rFL A PORTION OF LOT 2R, BLOCK 1 ...C.H.S .R.A F.O.R. `. CHASE CRAWFORD LEE SUBDIVISION ADDITION " 'FRANKLIN WOODS SURVEY, ABSTRACT NO. 1624 �a 6913 13 �PQ � CITY OF FT. WORTH, TARRANT COUNTY, TEXAS 9�0 SUR� � dM®SURVEMMS LLC Surveying I Construction Sbldng l PMng JOB No. TR-70.2-21 DRAWN BY: CC 14200 Midway Road,Suite 130 Dallas,TX 75244 T:469.784.9321 DATE: SEPTEMBER 26, 2022 CHECKED BY: MAN CHASE'CRAWFORb W.TraverseLandSurveying.cwm SCALE: 1"=50' SHEET 3 OF 4 TEXAS RPLS NO. 6913 Texas Firm No.10194631 EXHIBIT A EXHIBIT "A" LINE TABLE No. Bearing Distance. L1 N 89'25'07" E 24.00' L2 N 00'34'53" W 47.47' L3 N 00'16'20" W 21.76' L4 S 70'13'24" E 10.41' L5 S 19'46'36" W 9.00' L6 N 70'13'24" W 10.41' L7 S 00'16'20" E 21.76' L8 S 21'53'56" W 9.01' CURVE TABLE Curve No. Delta Radius Length Chord Bearing Chord C1 02'43'41" 45.25' 2.15' N 68'11'56"W 2.15' C2 69'17'26" 24,75' 29.93' N 34'55'03"W 28.14' C3 69'29'18" 24.75' 30.02' N 34'28'19"E 28.21' C4 40'33'39" 34.75' 24.60' N 89'29'47"E 24.09' C5 40'33'39" 25.75' 18.23' S 89'29'47"W 17.85' C6 69'29'18" 15.75' 19.10' S 34'28'19"W 17.95' C7 69-17-26' 15.75' 19.05' S 34'55'03"E 17.91' C8 02'31'04" 54.25' 1 2.38' S 68'18'14"E 2.38' WALL MAINTENANCE EASEMENT �"�,��oF TF �PG`STER * `y A PORTION OF LOT 2R, BLOCK 1 """""""""'" CHASE CRAWFORD � LEE SUBDIVISION ADDITION �� FRANKLIN WOODS SURVEY, ABSTRACT NO. 1624 ! 0 6913 aPQ �R E RSE CITY OF FT. WORTH, TARRANT COUNTY, TEXAS o s'u'R� o LMD SURMEM LLC Sulwying ( Constr�Staking j Plaiting JOB No. TR-70.2-21 DRAWN BY: CCCk — 14200 Midway Road,Suite 130 Dallas,TX 75244 T:469.784.9321 DATE: SEPTEMBER 26, 2022 CHECKED BY: MAN CHASE CRAWFCFRD W.TraverseLandSurveying.com SCALE: 1"=50' SHEET 4 OF 4 TEXAS RPLS NO. 6913 Texas Firm No. 10194631 Q j8 h €E U e©o zS6 €a "tl3 �Rd4 � �a �s jy°- �g�3 a � j € z sIM �ol ill �� e -seg g�"l IM 11 11 pr_y3 H; j; € affiLL €��� i g �• � jsP#� ',= jE� �$ �,•3C ��*s j�; �� m� � � 3 w'�8 e �y��3 fr m 1 p Nj 33 j3a=na9a= e a w i3.a: ,am e3a ga' s o - y 4m c� a w €,s F � a, 1.11 h 3 '3 �� „ Hog i a u„��a I L w� �a� [ fill - � s # & � 3 ;gff=tl Nil o i :� z - m � Im js3 F a jS�aiB , " f g�4g c U5 Eg gg$$4 gg yaj@@ y is -�eo - = w w�G >Y� w$ 3 j a �.3rij$ ima ni33 � 3$e ya$a� � 3 "jai�ig ��joj 1 a. jss � =jj WIT wg - aF - � w -- o H. 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