HomeMy WebLinkAboutContract 45812 Crry sECRVAW
CONMCT No.
STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT is by and between. R.J Ft. Worth I L1,C an Idalio limited
Liat ifily .ndowner", and the City of Fort Worth,
2_ hereinafter referred to as "La
hereinafter referred to as"City".
WITNESSETH
WIIERF..AS, the Landowner is the owner of certain real property described as an
approximately 13.359 acre tract located in the William McCowen Survey, Abstract 999,
Tarrant County, Texas according to the Special Warranty Deed to Baptist Foundation of
Texas, a Texas nonprofif corporation,, filed for record. in Volume 9858, Page 1517, Deed
Records, 'J'arrant,County, Texas, hereinafter called the"Property".
WHEREIAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Lot 1. Block 1 11 Texas Addition
ffS
�-L3-!Q o hereinafter called the "Plan", which is expressly made a part hereof, as
approved or to be approved by the City and the 1,andowner 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 Storm Water Managem.ent Facilities be constructed and irtaintained on a
portion of the Property; and
WHEREAS, the City requires that on-site Storm Water Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
Landowner, its successors and assig,-ns, the location and dimensions of which is shown and
more particularly described by metes and bounds in the attached Exhibit "A" ("Facility
Property"); and
OFFICIAI RECORD
CITY SECRETARY
FT.WORT Ho TX
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.09/1012012
RECEIVED AUG 11014
__....................._.
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 Storm Water 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 Storm Water 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 Storm Water 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
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.
STORM WATER FACILITY MAINTENANCE AGREEMENT 2
Rev.09/10/2012
4. In the event the Landowner, its successors and assigns, fails to maintain the
Facility in good working condition as specified herein, and such failure
remains uncured for a period of sixty (60) days following the Landowner's
receipt of written notice from the City describing the failure (or such longer
period as may be necessary to complete the cure, provided the Landowner is in
the process of such cure) 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, its successors and assigns.
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, and following the time period provided in Section
4 above, 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 the Property . 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. The lien shall be
subordinate to the lien of any deed of trust lien recorded prior to the inception
date of the affidavit or statement of expenses required to be filed by City to
perfect its lien. The City shall release its lien once it receives payment of the
amount secured by the lien.
STORM WATER FACILITY MAINTENANCE AGREEMENT 3
Rev.0911012012
6. This Agreernent imposes no liability of any kind whatsoever on the City. THE
LANDOWNER, ITS SUCCESSORS AND ASSIGNS, AGREE TO HOLD
THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE
FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER
COVENANTS AND AGREES 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 TO MAINTAIN THE
FACILITY IN THE MANNER REQUIRED BY THIS AGREEMENT,
INCLUDING, BUT NOT LIMITED TO: (1) THE BED AND BANKS OF
THE DETENTION POND; or (2) ANY DAMAGES CAUSED TO
PERSON OR PROPERTY DUE TO FLOODING OF THE POND AND
ITS BANKS, SLOPE FAILURE OF THE BANKS OF THE POND, OR
FAILURE, OF THE POND OR ITS BANKS TO OPERATE IN A
MANNER CONSISTENT WITH THE ATTACHED CRITERIA OR
THE PLAN.
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 casement,
which do not impede drainage. Landowner covenants and agrees that no
habitable building shall be erected on the above property abutting such
casement 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 Agreements be recorded among the land records of Tarrant County,
Texas, all constitute a covenant numing 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.
STORM WATER FACILITY MAINTENANCE AGREEMENT 4
Rev.09/10/2012
.........................................—.....................
[SIGNATURE PAGE FOLLOWS]
STORM WATER FACILITY MAINTENANCE AGREEMENT rj
Rev.09/10/2012
AL PROPERTY SERVICES
ADMINISTRATIVE EASEMENT APPROVAL
Please do not remove this checkliytfrom the attached document. Please complete and return to Real
Property Services)
TIME SENSITIVE es o
AL PROPERTY SERVICES
Dat u , 20]4 i AEA# 5804-RJFWI-SWFMA
L,
Originated : Lexingon Wright Asst. City Attorney: DOUG BLACK/JORDAN GRANT
DOE # 5804
Document Type: 2 ORIGINAL STORMWATER FACILITY MAINTENANCE
AGREEMENTS
Standard Yes
Parties: RJ FT.WORTH I, LLC AND CITY OF FORT WORTH
Comments: ** PLEASE SENT) TO CITY SECRETA.R S OFFICE AFTER NOTARY**
COMPENSATION: $0.00 M&C--C-26788
. Recommended for Appro al
Deanna. Cody, Manager
� L DEPAR NT
2. Assistant ° Attorney
CITY MER'S OFFICE
3, Fernando Costa,Assistant City Manager
CITY SECRETARY'S OFFICE
Mary J. Kayser, C!2 Secretary
Please forward to Cily Secretary's Office for si ature and CSO Number JCM Secreta
lease call X8538 when ready,for Picic.U .
COMMENTS: PLEASE CALL LEXINGTON WRIGHT X8538 WHEN COMPLETE,
Effective as of the date subscribed by the City's City Manager or designee.
RJ Ft Worth I LLC, City of Fort Worth
an Idaho limited liability company
Fernando Costa
Assistant City Manager
Date:
Mark A. Bullock, Manager I
V�
M&C:
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ate: Date:
Approved as to Form and Legality:
Assistant City Attorney 6,4.-e Tooveb*4
ATT ST
Mary J.
City Secretary of F
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OFFICIAL RECORD
C11"Y SECRETARY
STORM WATER FACILITY MAINTENANCE AGREEMENT FT WORTH,TX
Rev.09/10/2012 L...
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on _ u� . ' by
Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
"Notary Public, State of ,exas
EVONA DANIELS
,"� f
Pafrrt<lryr 1'uIr)loc SkN1a rag lextx:
MW Cornrni ss6¢„rC Exr,)�ms
My 10, 2017
STORM WATER FACILITY MAINTENANCE AGREEMENT 7
Rev.09/10/2012
STATE OF bqXh §
COUNTY OFSat*, LaJ6, §
Before me, the undersigned authority on this day of
2014, personally appeared
a.& -A . j3t4 C q 5
—2�
known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to ine that the same is the act of
Rj r-t W 0 V-(� I I la e exec e
_tn�M RVAI � I(Ott f n I �h C"EqtZhe same as its
and as the act of such
and for the purposes and consideration expressed
in the foregoing instrument.
—n
Notary Notary Pubfic
RICHOD LIMB
c #66182,3
My Cmyrftekn E*'D,% I o ary Public, State (Yf k*
Dwomhor V,20,1 1
state of utati 6
No low" MW �l 1—o WHED �lloo
STORM WATER FACILITY MAINTENANCE AGREEMENT 8
Rev.09/10/2012
EXHIBIT "A"
LEGAL DESCRIPTION
STORM WATER FACILITY MAINTENANCE AGREEMENT 9
Rev.09/10/2012
EXHIBIT "A"
"
METES& BOUNDS DESCRIPTION
DETENTION AREA
BEING a 1.201 acre tract of land located in the William McCowen Survey,Abstract No.999,in the City
of Fort Worth,Tarrant County,Texas,being a portion of called 576.484 acre tract of land as described in
the Special Warranty Deed to Baptist Foundation of Texas,a Texas nonprofit corporation,filed for record
in Volume 9858, Page 1517, Deed Records, Tarrant County, Texas (DRTCT), said 1.201 acre tract of
land being more particularly described by metes&bounds as follows:
COMMENCING at a 1/2 inch capped iron rod found stamped"Prism" for the southwest comer of Lot
27,Block 15,Tehama Ridge,an addition to the City of Fort Worth,Tarrant County,Texas, according to
the plat recorded in County Clerk's Instrument No. D212014811, Official Public Records, Tarrant
County, Texas (OPRTCT), and being on the north right-of-way line of Heritage Trace Parkway, a 120'
right-of-way, as shown on the plat of Park Glen Boulevard Right-Of-Way,recorded in Cabinet A, Slide
6522,Plat Records,Tarrant County,Texas(PRTCT);
THENCE South 89 degrees 35 minutes 35 seconds West, along said north right-of-way line, a distance
of 379.78 feet,to a 5/8 inch capped iron rod set stamped"Mycoskie McInnis",
THENCE North 40 degrees 23 minutes 58 seconds West, departing said north right-of-way line, a
distance of 681.40 feet,to the POINT OF BEGINNING;
THENCE North 63 degrees 01 minutes 55 seconds East,a distance of 216.50 feet,to a point for comer;
THENCE North 85 degrees 18 minutes 43 seconds East,a distance of 170.14 feet,to a point for comer,
from which a 5/8 inch capped iron rod set stamped "Mycoskie McInnis" bears North 42 degrees 48
minutes 38 seconds East,a distance of 108.78 feet,
THENCE South 02 degrees 14 minutes 33 seconds East,a distance of 245.25 feet,to a point for comer;
THENCE South 88 degrees 47 minutes 22 seconds West,a distance of 72.60 feet,to a point for comer;
THENCE North 59 degrees 13 minutes 45 seconds West,a distance of 251.08 feet,to a point for comer;
THENCE North 85 degrees 52 minutes 01 seconds West, a distance of 84.03 feet, to the POINT OF
BEGINNING and containing 1.201 acres(52,324 square feet)of land,more or less.
BEARINGS SHOWN HEREON ARE IN REFERENCE TO THE NAD 83 - TEXAS
COORDINATE SYSTEM-NORTH CENTRAL ZONE,4202,BASED ON GPS OBSERVATIONS
UTILIZING THE LEICA GPS REFERENCE NETWORK
See attached Exhibit`B",Page 2 of 2,dated February 19,2014
OERFO�'9s
.....................................
February 2014 JOSHUA D.WARGO
A,g, ered Professional Land Surveyor Date `""' "'""''
6391
C�A'��ESS10�P\'Q°
Page 1 of 2
E)MBIT FP XP
DETENTION AREA
ML.LIAM McCOWEN SURVEY ABSTRACT NO, 999
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS.
7j7H,4fA-R-IOG—E
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C# D204325012
t OPRT
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0 99 ORS
15 GIRS
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N85-
REMAINDER
CALLED 576.484 ACRES
BAP77ST FOUNDA710N
OF TEXAS
Va. 98,58, PG.
ca DRTCT
rq
OB
ABBREWA TIONS
CIRF CAPPED IRON ROD FOUND
U COUNTY CLERKS NUMBER
DR T91 DEED RECORDS
S8847'22"W TARRANT COUNTY, TEXAS
OPRTCT OFFICIAL PUBLIC RECORDS
TARRANT COUNTY, TEXAS
PRTCr PLAT RECORDS
DETENTION AREA TARRANT COUNTY TEXAS
VOL
PROPOSED 1,201 ACRES PGA PAGVOLE UM E
LOT 1, BLOCK V (552,32-0 SQUARE FEE7) CAB. CABINET
ILTEXAS ADDITION POR POINT OF BEGINNING
POC POINT OF COMMENCING
Irol CIRS CAPPED IRON ROD
Un SET STAMPED
MYCOSKIE MCCINNIS"
SW CORNER
LOT 27, BLK 15
aF 30' DRAINAGE & UTILITY 7EHAMA RIDGE
Al CC hV212014811
EASEMENT (TRACT 1) OPRTrT
CCID199284686
OPRTOT
........... .. ..... ..
JOSHUA..D� WAR.GO Poc
..,......................... ............. ....... ................I-- - -
�12'OW
6391 s69*35'35"w 379.78'
CIRS
SUFI HERITAGE TRACE PARKWAY
120' RIGHT-Or-WA Y
JOSHUA 0. WARGO, REGISTERED PROFESSIONAL ................ CArl A,7)-L7) E'-K522,-pFf
LAND SURVEYOR, HEREBY STATE THAT THIS EXHIBIT
WAS MADE FROM AN ACTUAL ON IRE GROUND ACC D201057259, OPRTC7)
SURVEY BY ME OR UNDER MY DIRECT SUPERWSION.
mlmla
,l
JOSHUA D. WARGO TfBRUARY 19, 2014
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6391 ffWcw*ie4m&viis+awociates
............... awt wwww"mova0v wwkmpe wd*Kbmo
NOTES thpa registration number. f-2759
thpls reg(stration/4-cow number. t 1
L BEARINGS SHOWN HEREON ARE IN REFERENCE TO THE NAD 83 - 200 east. a br,am
TEXAS COORDINATE SYSTEM - NORTH CENTRAL ZONE, 4202„ BASED ON
GPS OBSERVA77ONS U77LI77NG THE LETCA GPS REFERENCE NETWORK" arV6nqton, to.as 76010
817-469-1671
2, SEE LEGAL DESCRIPTION (EXHIBIT A) PAGE I OF 2, DATED 02/1,9114, fa x 8 1 7-- 2 7 4..B 7 5 7
rrr.M m a t e Ma 9.c a M
�,-DAIE: -9�14 SAE: DRAWN BY.-«RW--CHECKED Blf:- �W JOB.NO.:iZ7—f9-09iqf PAGE 2 OF 2
EXHIBIT "B"
DESIGN SPECIFICATIONS
STORM WATER FACILITY MAINTENANCE AGREEMENT 10
Rev.09/10/2012
Exhibit 13- of
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2201 HERITAGE TRACE PKWY
DETENTION POND CALCUIATIONS
FORT WOWFH, TEXAS
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Exhibit "C"
CITY OF FORT WORTH STORM WATER 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.
STORM WATER FACILITY MAINTENANCE AGREEMENT 11
Rev.09/10/2012
Exhibit " "
Storm Water Structural Maintenance CHECKLIST
FREQUENT DATE _,.. REPAIRS REPAIRS NOTES
INSPECTION REQUIRED MADE
IVlowring
Remove Trash and
debris
Inspect irrigation
s stem o eration
Remove grass
clippings
Violations Noted
MINOR
INSPECTION
Condition of Pond
Amount of silt in
and
Amount of silt in
flume
Amount of ponded
water
Amount of wetland
vegetation
_...
Location of Erosion w
Percent of _..._
vegetation
Condition of trash
guard
Location of Erosion
MAJOR
INSPECTIONS
Condition of Storm
Water Quality
Structure
Type of Storm
Water Quality
Structure
Structure type and
Condition
Condition of Rip-
Ra
Condition of
filtration s stem
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.09/10/2012
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
condition-of -----,
Aeration
Foundation
STORM WATER FACILITY MAINTE14ANCE AGREEMENT 13
Rev.09/10/2012
M&C Review Page I of I
OfficW sOte of t1he City of Fort Wofth, 11 exas
CITY COUNCIL AGENDA FoRTW oar
H
COUNCIL ACTION: Approved on 5/6/2014
DATE: 5/6/2014 REFERENCE NO.: **C-26788 LOG NAME: 20ROWE5804-
RJFW1SWFMA
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: Authorize Execution of a Stormwater Facility Maintenance Agreement with RJ Ft. Worth I
LLC, on Property Located at 2201 Heritage Trace Parkway Containing 1.201 Acres of Land
in Tract 2L, Abstract 999, William McCowen Survey, at No Expense to the City (COUNCIL
DISTRICT 7)
HNOW11119
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Stormwater Facility Maintenance
Agreement with RJ Ft. Worth I LLC, on property located at 2201 Heritage Trace Parkway containing
1.201 acres of land in Tract 2L, Abstract 999, William McCowen Survey, at no expense to the City.,
DISCUSSION:
RJ Ft. Worth I LLC, is the owner of a 13.359 acre tract of land on is 1.201 acres of land will be
used to construct a detention pond. The facility is being constructed to capture and limit stormwater
run-off from the subject property to pre-development levels. The detention pond will be located on
Tract 2L, Abstract 999, William McCowen Survey also known as 2201 Heritage Trace Parkway.
The landowner and successors are required to maintain the stormwater facility at no expense to the
City. The Stormwater Facility Maintenance Agreement will ensure proper maintenance of the
detention pond by RJ Ft. Worth I LLC. However, if the landowner fails to properly maintain the
improvements, the Agreement gives the City the right to take all steps necessary to ensure the
stormwater facility is operating according to City standards and to correct any deficiencies. This
requirement and right run with the land.
The facilities are located in COUNCIL DISTRICT 7, Mapsco 21 S.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Douglas Wiersig (7801)
Additional Information Contact: Lexington Wright(6645)
ATTACHMENTS
5804-ROWE5804-RJFW1 SWFMA.Prfff
http://apps.cfwnet-org/council__packet/mc—review.asp?ID=19687&councildate=5/6/2014 8/5/2014