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HomeMy WebLinkAboutContract 46714 CITY SECRETAI x CONTRACT NO. t ! i'- DoE #,��a 9 STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, add entered into this day of Apg, 2 , 0o eda Ion �(, , by and between Of Jehovah's witnesses,/ ,;--, , ,�acting by and through jpzbewr Z4111Q 111)61Ur9�< , 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 an approximately 5.412 acre tract located in the Abner Lee Survey, Abstract 931 Tarrant County, Texas according to the deed recorded in Volume , Page , 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 Kingdom Hall Addition 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 Storm Water Management Facilities be constructed and maintained on a m < portion of the Property; and m a z WHEREAS, the City requires that on-site Storm Water Management Facilities ("Facility") as shown on the Plan be constructed and adequ� ately maintained by the CL" OFFICIAL RECORD CITY SECRETARY STORM WATER FACILITY MAINTENANCE AGREEMENT �� WORTH, TX 1 Rev.09/10/2012 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 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 STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev.09/10/2012 of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event the Landowner, its successors and assigns, fails to maintain the Facility in good working condition as specified herein, the City, its authorized agents and employees, may enter upon the Facility Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Facility, and in no event shall this Agreement be construed to impose any such obligation on the City, such oblization 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 AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND STORM WATER FACILITY MAINTENANCE AGREEMENT 3 Rev.09/10/2012 THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF LANDOWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE FACILITY, INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF THE DETENTION POND; ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE POND, OR (3) FAILURE OF THE POND OR ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner covenants and agrees that no habitable building shall be erected within the drainage easement outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the drainage easement, which do not impede drainage. Landowner covenants and agrees that no habitable building shall be erected on the above property abutting such easement which shall have a finished floor at an elevation less than two feet above the maximum depth of water in the detention pond which would occur during a 100 year frequency flood. 8. This Agreement shall be recorded among the land records of Tarrant County, Texas, shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. [SIGNATURE PAGE FOLLOWS] STORM WATER FACILITY MAINTENANCE AGREEMENT 4 Rev.09/10/2012 Executed this 2 day of hAij 20 1,�- Landowner City of Fort Worth L 1 CLQ -CK�w... i�/YriL N e: Fernando Costa Assistant City Manager Title: TAL.& Approved as to Form and Legality Assistant City orney ATTEST NO M&C RCQUIRED >t Se ®Rr� 8 $0 00/ �S OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX STORM WATER FACILITY MAINTENANCE AGREEMENT 5 Rev.09/10/2012 0' 60' 120' 180' LEGEND CIRF CAPPED IRON ROD FOUND IPF IRON PIPE FOUND (C.M.) CONTROLLING MONUMENT SURVEYOR'S NOTES: 1. ALL BEARINGS AND COORDINATES SHOWN HEREON ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE (4202), NAD83 (NA2011). 2. THE SURVEY PERFORMED ON THE GROUND OF THE SUBJECT PROPERTY AND THE PREPARATION OF A DEPICTION OF THE RESULTS THEREOF ON THIS EXHIBIT, AND THE ACCOMPANYING EASEMENT DESCRIPTION, WAS PREPARED WITHOUT THE BENEFIT OF AN ABSTRACT OF TITLE. THEREFORE, THERE MAY BE EASEMENTS OR OTHER MATTERS THAT COULD EXIST AND ARE NOT SHOWN. 3 THIS EXHIBIT AND ACCOMPANYING EASEMENT DESCRIPTION WAS PREPARED FROM A SURVEY PERFORMED ON THE GROUND UNDER THE SUPERVISION OF ROBERT L. YOUNG, R.P.L.S. 5400, ON APRIL 24, 2014. 46 SEE THE ACCOMPANYING EASEMENT DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. / 1" IPF (C.M.) _ z, 4 � O ,� r O Q V 2p ti / a v C) WOODED HILLS CO.NGREGA TI ON OF p 2 ti JEHOVAH'S WI TNESSES, O O Qti BURLESON, TEXAS, Q Z I CALLED 5.471 ACRES N O p = LOT 14, BLOCK 2 co j INSTRUMENT NO. D213237756 ESTATES OF TYE CROSSING �� O.P.R.T. w 0 CABINET A, PAGE 10689 / I W = O.P.R.T.C.T. ? > o / I C) - - / PLACE OF o o w I / BEGINNING Z U Q on TYE CROSSING N 89'5821' E 170.68' Q a COURT --�--�.�-- O ) (60' RIGHT—OF—WAY) N 12'33'46' E 37.95' — — / N ps / �O1 DRAINAGE Ito / N EASEMENT 13 L (0.661 ACRES) I" / 00 LEE SURVEY hM LOT 1, BLOCK 1 l AABSTRACT NO' 931 I ESTATES OF TYE CROSSING CABINET A, PAGE 10689 / I P.R.T.C.T. / --r. ----- / S 89 39 35 W 207.25 S 01°31'31" E 60.04' LOT 1, BLOCK 11/2" CIRF WHATLEY ADDITION "ENCORPS" INSTRUMENT NO. 211243814 (C.M.) I P.R.T.C.T. EXHIBIT A SHOWING A VARIABLE WIDTH DRAINAGE EASEMENT LOCATED IN THE ABNER LEE SURVEY, ABSTRACT NO. 931 , TARRANT COUNTY, TEXAS :�� Fa•. N TCA IMS 401 N. NOLAN RIVER ROAD \sTeR CLEBURNE,TEXAS 76033 :........ .. .. .. � OFFICE:817-556-3440 �Qvi'V111�!� FAX:817-556-3545 ;AP 4 Q o LIS�I<a 1 ING WAFFIRG www.tranotexaeeurveying.com f '� z "- a Scale: 1"=60' Date: 10/01/14 DWG: 20140045—EXHIBIT Trawn: LGP Checked: RLY Job: 20140045 A 150' + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +4 + + + + + + + + + + + + + / + + + � + + + + + + +` . + + + + +. + + +N + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + DRAW+ + + + + + + + + + + + + + + f + + + + + + + + + + + + + + + + + + + + + + + + + m _ + + ++ • + �a3 + ++ + ++ +++ + ++++ + M PID + + ++ + + + + + --+ + + + + + + +OVER PIPE + + + + + + + + + + + + + + + + + + + + + METERING SOX + ER + + + + + + + + + + + + + PRO C + + + + + + + + + + + + J + + + + + + + + + + + \ + + + + + + + + + + . �► 1 + + + + + + + + + + + + + y + + + + + + 93,r + 4- + + + + + + + + + + + + + + + + + + + + + PROTEC EROSION _ + + + EMER o SWAY + + 4:1 INFLOW AOU 146' 41' CHANNEL PLAN VIEW NTS DAM EMBANKMENT INFLOW 696.63 MOUND SPILLWAY DRIVE :1 — _ — X00 YR 695.62 OVER PIPE 696.62 --- EROSION bJ5.3� — — — 4:1 PROTECTION METERING BOX INV 693.80 EROSION PROFILE PROTECTION NTS 102' 52' MOUND METERING BOX 4:1 OVER PIPE 4:1 EXHIBIT B - PAGE 1 OF 2 SECTION A-A DETENTION BASIN NTS SCHEMATIC BURLESON KINGDOM HALL 9-19-14 tot,q- •.i EF1 ..use.wwf arsir u.um ���� E= 2 E n . m ow„� ••''A�; tll: ew...r"a w..sn.osrwsxu��,w axsirowraona � F �y � ' (� �;r` "wu sows o�,l,wssoa aw>,wsoit�ia ors�� waw. � '� tt rvnauarrmaw Si f eo..4.w..ONVZ ® 3 9 5 'JI/JIDYD 9/wllll&q�YB1M SS f ' • . T o I , t RBb.Ra 9i7 i' ! L t U I 4 lily i LU i =- z R j N 8 e --- --------�R RO Y !i rfl 8 00 � o o �0 0 Hr 0_s_adoa 3a� >Ibo,- -W 7 ,. z - R �i � 4�6�t+ y✓' oa---�t ,y- - _--��_ to-Ito LLVo W f ry I �T d z N r f� +a12`,yF4IN S W a ' 96 . G t r- � C6 z J Q J 1V = Z O ❑ L Z w LU _ E o Za � Z F- = Qo�bo J f a f .f- = O O e0000aoppg9 Q coen co Z V OD N OF pF�op� o p- 4; d o o A" L)X00 } v ~ a � ¢ d o W .. .. ..... .... p.... ....... ...... .... ...0 > W Q v 0 EQm a. 0 w0 w w J J cQ � �- = 04 0. w i ONAt w Dpppaoo�� z w = a ❑ w 04 o 9a w Q p O C ❑ W w $ w a W Z r- L) :D a Ir Q V) J OD r N lh f N m A ��,aoaod� M OF rF oo 0 A .*o 0 MIARK C................ WEBB :.......42296......:: po BURLESON goe;S/ppjAl ��4� KINGDOM HALL oaasaae� � THE SEAL APPEARING ON THIS LOT 1 - PRASE 1 DOCUMENT WAS AUTHORIZED BY MARK C. WEBS, PE #42296 FIRM REGIS. NO. F-4742 DETENTION PLAN CALCULATIONS Lj 13501 OAK GROVE RD. S Z BURLESON, TX 76028 �~ IZ LEGAL: \' L j =O LOT 1, BLOCK 1 `I KINGDOM HALL ADDITION, CITY OF FORT WORT SL a ABNER LEE SURVEY, ABSTRACT NO. 931 rARRANT COUNTY, TE1(AS m Z � w J Z OWNER / DEVELOPER: WOODED HILLS CONGREGATION co) p m OF JEHOVAH's wITNEssEs, INC. jZ v N 13761 OLD OAKS DRIVE, BURLESON. TX 75028 ROY ALLEN OtvX N U 817-235-5212 LL Y aim E M Zoa� �5 ' 2 cn g Q SCALEC> v . I'-2d DESIGN PAC ` Lr � a LL N w DATE: 7-14-14 DRAWN: PEC SHEET EXHIBITB 2- 1 - AVERAGE COEFFICIENT CALCULATIONS DEPTH STAGE STORAGE VOLUME (ft) (elevation) AREA ACREAGE COEFFICIENT A X C (ft') 0.001 694.10 0 Al 0.03 0.30 0.009 0.30 694.40 160.92 A2 aS4 a30 0.162 0.60 694.70 1429 A3 a72 L00 0.720 0.90 695.00 4652 B1 0.36 1.00 0.360 0.% 695.06 5%0 e2 0.02 0.30 0.006 1.20 695.30 10000 B3 0.02 0.30 I 0.006 1.24 695.34 10844 0 0.16 0.30 I 0.00 1.50 695.60 16429 1.52 695.62 16866 TOTALS Las _ 1.311 1.80 695'90 23067 AVERAGE COEFFICIENT CALCULATIONS 0.71 DETENTION CALCULATIONS 1 YR EVENT PRE -DEVELOPMENT 4 C I area A 0„=CeiA 15 0 30 3.32 1.29 1.28 POST-DEVELOPMENT ager C area A+B+D a b P19D P, 10 0.71 1.85 1.28 95.84 13.43 1.77 119 Td=(2CAab/(L)°s-b Td= 37.86 VP„,r60(CAa-(2CabAQ "+(CL J2)lb-t)] Vwe 3730.88 V,,,,-=VD-1•P,8JPed V.- 554929 ` 10 YR EVENT _... _._. 4 PRE -DEVELOPMENT t, C I area 0,-C,iA 15 0.30 5.53 1 29 2.14 POST-DEVELOPMENT a%erC areaA+B+D a b Pled P,d ee�OF 0000 10 071 1.85 2.14 203.93 21.09 3.45 240 T � Td=(2CAab/Q,)"5-b Td= 51.57 0 0 * �•00 ....... .... .. .. ....... VeT,=60iCAa-(2CabAq+l"S+14,/21(b-411 Vpro 7453.81 o I�AR o 1071486 0 4 O �4ADaaaAave� PRE-DEVELOPMENT t, C I area A Q,-C,IA 15 0.30 7.98 1.29 3.09 POST-DEVELOPMENT a%er C area A+B+D a b Ptao Pw 10 0.71 1.85 309 322.07 24.39 5.43 3 77 Td=(2CAab/(L)"s-b Td= 57.35 VuRr60(CAa-(2CabAQ,)"S+(OJ2)(b-t,)) Vag` 11569.23 Vmeor=Voa•1*pi"dPcd 16663.38 i L I 3 E Q Z z "' ¢ w W co 3 0 3 3 o a a a s F ' 2 O Z N � h n $ g' + O O `:. to + 4 Obi 17 N O N M$ Na -1" w 0 w 3 Z�N d � N U < u x _OI v z N a h } o ¢¢ c pooaopppQ0 a o � O o 9 a• (If��000 I a yid p0 J _ v�tv} arm Z,)0, _ _ — 0LL. : a� r 3R °o ' boa / p�1t 'a• AVch i i► i ,� w o f ,o m i _n Op`Se C: o o v Q QN o x a N C4 al o O =N QQ �apOOotia LL } t6 iD a0 ap N -- >- 0 o v o a o a o o � 0, 010, EXHIBIT B 2-3 � _3 x r OLn O N 0D W W O Q NIn to -It (� N O m LY tD Q u'i a M PO tD c�D T OW V7 L I O EL> 3N N N II O O Z L] J U it 33 Q } U ri J tri O v = 3 o a 1 IQ1In 0 Ila a Ila 118 j d o Ln m O� O O^ m L) O � U / N i N T 0 / r: Of Q i $7i m W - W �° I t r� U Z ,00• , ;r_ �� o W J t� 1 i zr �� i 00 a F- >< v o Of O O n 0� d, t b Inc) z O z rn - d ) O Q v�d O 4�* !Z N O x O N O wvf i w Z `�' Z J , a Lo — 0 � II W o '}'*,mss.•r,�'. I I W I C I n 00 z C 3 Q Lj LI: VI W U (ft K U [V L, Qm O Cr Ln O N N p O w Q \ W 0 a U U Z Y Z m � W am w W O Z J o C 0000caOaQ m U� — - - — > Lf.1 - opo %40 o U x °� a U °O. z0 = 0 0 0o Y U z W cv J 0016' o Q r ty W zrI'D F15 0 00 �nOouco oD �•_ m Q x m U N m 0 a z U Q EXH I BITA33,24 41 — — ZZ 6"<i- 3% Nano Zj13 FT �RCP © 0.41 % �� !� ► i WtTA III i Q —3 .09 cf s ! t �� 40 V-1 2.93 fps i ► �� 12.8 d W\5= 10.41 % t Q 1 't w 1 a- I .TENTIOiN AREA/ ,/� ! z luj = ! i +� (NAGE! EASEMENT LLo 1 COVER PIPE WITH ,,• o ! I GRASS MOUND SI !! OUTFALL METERING / OUT ! STRUCTURE10 ^oNC. RIBBON LP Y 7 / J � •� ! •` sir.. f I J a J � ! AL r y, b91 b b4 i 4:1 SLOPE `_ _�G��cb �1 I S E S� ' 3511 96 697 ��� LJ=1� >, I� Z ! 391, 6q^. � � � .�--.085 FIRE LANE o �. 8� t1 t _ (M 01,1 U MOND -- c� SEE SHt - oOF 5`g•, 6Q000000R��O 7, �t i Q 1 o° ' o ZY).. b 00 ! oMAR 8 ...a J ,� I!, {1 ! C�... ..... -- CLVERTI- SE DET !2- 7 L.F.- 000Ss� AL E�a 01 NDSCAPE. . ................ 1 ,*\15' LANkSCAPE N 9 t / v) / / C�f ` 698 �\ OT t , FS t � a DRAIN/ dL i MLIO a � 24.00 4p, (j N 2' W C�fV NPZ 4% 100 YR. WATER SURFACE , 10'x10'x1' DEEP ' 10 x 10DEEP x, 6" ROCK RIP RAP FL 6" ROr- < RIP RAP OR COBBLE STS ® SCORED — �/ Jjgl o ol 4 S�890 3. / I 0.85 o 69/ r~e' -ie~• LP /. I 0.5% MAINT. ACCESS FIF i lq , o aao 0 �� o0 4p S, w p 0.5% / / �.*....WAR. .. .. .........k p 14/ oo �ONAt �- vo --► / � 15, LAND °p��••®@Qo_. H-fRFT. r° _6 — 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 8 Rev.09/10/2012 Exhibit "D" Storm Water 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 Pond 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 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- STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.09/10/2012 9 Ra Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT Rev.09/10/2012 10