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HomeMy WebLinkAboutContract 47952 DOE # " DRAINAGE CHANNEL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this Y"—day of �-by and between Hayco Realty, Ltd, acting by and through John Coc erham, arreinafter 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 59,094 square foot tract located in Joseph Boman Survey, Abstract 79, Fort Worth, Tarrant County, Texas according to the deed recorded in Volume 14192, Page 664, 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 Marine Creek Ranch Section 11 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; 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; OFFICIAL RECOR® " CITY SECRETAI1� LINAGE CHANNEL MAINTENANCE AGREEMENT Rev.7/2006 FT. WORTH T 1 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 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. DRAINAGE CHANNEL MAINTENANCE AGREEMENT 2 Rev.7/2006 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 Properly 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 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 DRAINAGE CHANNEL MAINTENANCE AGREEMENT 3 Rev.7/2006 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.7/2006 A / Executed this;qday o 2(Y . Landowner City City of Fort Worth Hayco Realty, Ltd A Texas limited partnership By: Harrison Realty Investments, LLC, A Texas liability company Its: General Partner Jesus Chapa Name: John Cockerham Assistant City Manager Title: President Approved as to Form and Legality Assistant City Attorney, r0�wa�v(- ATTEST n City Se 5 S , --------------- �FFI�IIL R' s CI'T'Y SECRETARY FT'.�19AR"6 WORTHJX DRAINAGE CHANNEL MAINTENANCE AGREEMENT 5 Rev.7/2006 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on S, cul by Jesus Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. LINDA M. HIRRLINGER Notary Public.State of Texas Comm.Expires 02-02-2018 Notary ID 12414474.6 Notary Public, State of Texas STATE OF TEXAS § COUNTY OF TARRANT § Before me, the undersigned authority on this day personally appeared nn /ea 0� ftftayci PTIOAN1 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 J i V�ta\� I N 1n , and that he executed the same as its 'bV W( � and as the act of such and for the purposes and consideration expressed in the foregoing instrument. Notary Public, St4e of Texas 'P%v r?U ��, COURTNEY R. PETTIS -Notary Public,State of Texas Comm.Expires 11-14-2016 .....io Notary ID 129203459 DRAINAGE CHANNEL MAINTENANCE AGREEMENT 6 Rev.7/2006 EXHIBIT "A" DRAINAGE EASEMENT METES & BOUNDS DESCRIPTION BEING A 1.357 ACRE TRACT OF LAND LOCATED IN THE JOSEPH BOMAN SURVEY, ABSTRACT NO. 79, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, BEING A PORTION OF A CALLED 964.473 ACRE TRACT OF LAND AS DESCRIBED IN THE WARRANTY DEED TO HAYCO REALTY, LTD., ,FILED FOR RECORD IN VOLUME 14192, PAGE 644, DEED RECORDS, TARRANT COUNTY, TEXAS (DRTCT), SAID 1.357 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES & BOUNDS AS FOLLOWS: BEGINNING AT A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS" ON THE NORTH RIGHT-OF-WAY LINE OF TUXBURY POND DRIVE, A 50' PUBLIC RIGHT-OF-WAY, BEING THE SOUTHWEST CORNER OF LOT 1, BLOCK I, MARINE CREEK RANCH, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN COUNTY CLERK'S INSTRUMENT NO. D216024776, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (OPRTCT), FROM WHICH A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS" FOR THE NORTHWEST CORNER OF LOT 1, BLOCK K, OF SAID MARINE CREEK RANCH BEARS SOUTH 10 DEGREES 49 MINUTES 40 SECONDS WEST, A DISTANCE OF 50.00 FEET, SAID BEGINNING POINT HAVING A NAD 83 — TEXAS COORDINATE SYSTEM POSITION (GRID) OF N:6993297.7 E:2304621.3 (BEARINGS & COORDINATE VALUES 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); THENCE NORTHWESTERLY, OVER AND ACROSS SAID CALLED 964.473 ACRE TRACT OF LAND,THE FOLLOWING CALLS: NORTH 79 DEGREES 10 MINUTES 03 SECONDS WEST, A DISTANCE OF 254.00 FEET,TO A POINT FOR CORNER; NORTH 00 DEGREES 17 MINUTES 53 SECONDS WEST, A DISTANCE OF 87.78 FEET,TO A POINT FOR CORNER; NORTH 79 DEGREES 31 MINUTES 40 SECONDS EAST, A DISTANCE OF 258.29 FEET,TO A POINT FOR CORNER; NORTH 02 DEGREES 49 MINUTES 54 SECONDS WEST, A DISTANCE OF 433.29 FEET,TO A POINT FOR CORNER; NORTH 18 DEGREES 19 MINUTES 28 SECONDS EAST, A DISTANCE OF 59.66 FEET,TO A POINT FOR CORNER; NORTH 04 DEGREES 09 MINUTES 36 SECONDS EAST, A DISTANCE OF 82.80 FEET,TO A POINT FOR CORNER; NORTH 00 DEGREES 00 MINUTES 00 SECONDS WEST, A DISTANCE OF 28.75 FEET,TO A POINT FOR CORNER; Page 1 of 3 NORTH 89 DEGREES 36 MINUTES 18 SECONDS EAST, A DISTANCE OF 23.00 FEET, TO A POINT FOR CORNER, BEING ON THE WEST LINE OF A CALLED 19.603 ACRE TRACT OF LAND AS DESCRIBED IN THE SPECIAL WARRANTY DEED TO M & C DEVELOPMENT, LTD., A TEXAS LIMITED PARTNERSHIP, FILED FOR RECORD IN COUNTY CLERK'S INSTRUMENT NO. D214158673, OPRTCT; THENCE SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST, ALONG THE WEST LINE OF SAID CALLED 19.603 ACRE TRACT OF LAND, AT A DISTANCE OF 300.37 FEET, PASSING A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS" FOR THE NORTHWEST CORNER OF LOT 27, BLOCK I, OF SAID MARINE CREEK RANCH, AND CONTINUING IN ALL A TOTAL DISTANCE OF 602.64 FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS" FOR THE SOUTHWEST CORNER OF LOT 23,BLOCK I, OF SAID MARINE CREEK RANCH; THENCE SOUTH 10 DEGREES 49 MINUTES 40 SECONDS WEST, CONTINUING ALONG THE WEST LINE OF SAID MARINE CREEK RANCH, A DISTANCE OF 184.00 FEET, TO THE POINT OF BEGINNING, AND CONTAINING 1.357 ACRES (59,094 SQUARE FEET)OF LAND,MORE OR LESS. SEE ACCOMPANYING EXHIBIT`B"DATED APRIL 13,2016(PAGE 3 OF 3) \STER 9 •w MERLE W. MILLER Ft .•.... 4..f ................aa.w ,r: ---=— - 5438 ;PTFE MERLE W.MILLER DATE: 4/13/2016 ......• REGISTERED PROFESSIONAL ��•sURoj'�-� LAND SURVEYOR 5438 STATE OF TEXAS Page 2 of 3 EXHIBIT "A" - - - - - - - - DRAINAGE EASEMENT L8 LOCATED IN THE JOSEPH BOMAN SURVEY —1 I 19.603 ACRES ABSTRACT NO. 79, CITY OF FORT WORTH ( TARRANT COUNTY, TEXAS M & C DEVELOPMENT, LTD j CC# D214158673 J i OPRTCT LINE BEARING DISTANCE _ _ _ __ __ __ __ __ _ Ll N 79*10'03" W 254.00' DRAINAGE EASEMENT& STORM WATER FACILITY L2 N 0017'53" W 87.78' ! MAINTENANCE AGREEMENT h CC#D215096312 L3 N 7931'40" E 258.29' v _ —_ _ — __ — _ — . L4 N 02 4954" W 433.29' L5 N 18'1928" E 59.66' o L6 N 04'09 36 E 82.80 „ L7 N 00'00'00" W 28.75 z w L8 N 8936'18" E 23.00' (� , L9 S 00 23'42" E 602.64' j m L10 S 10 49'40" W 184.00' bb L11 S 10 49'40" W 50.00' (D LEGEND ABBRETIONS 27 (D 1 2 VIA CAPPED IRON ROD SET STAMPED O "MYCOSKIE MCINNIS" DRTCT DEED RECORDS, TARRANT COUNTYTEXAS HA YCO REALTY, LTD d j 26 I O VOL. 14192, PG. 644 - - , J L>- PRTCT PLAT RECORDS, 3 TARRANT COUNTY, TEXAS DRTCT a OPRTCT OFFICIAL PUBLIC RECORDS, 25 O TARRANT COUNTY, TEXAS m VOL. VOLUME DRAINAGE EASEMENT hIn PG. PAGE 1.357 ACRES 24 i 18 m POC POINT OF COMMENCING (59,094 SQ. FT.) POB POINT OF BEGINNING 0 o CC# COUNTY CLERK'S o INSTRUMENT NUMBER 23 19 I 8.00' ONCOR ESMT o I CC#D2150915JO 20 22 \ L3 3 sF F ABANDONEDGAS WELL.HEAD 1 I CC#D2 5 91'530T 5'NO BUILD EASEMENT \ REQUIRED PER ORDINANCE 1I !QI55.0 gDRAINAGE EASEMENT& CC� 215 3�5 \ _ v J STORM WATER FACILITY 1 o TEMPORARY MAINTENANCE AGREEMENT (v I I 1 TURNAROUND ccs D215096311 MARINE CREEK RANCH p CC#D215192510 / 1 1 j ' O \I 2 � CC# OPR60 4776 1 3 I 25'x50' WATER SEWER & I 1 I I I L1 o DRAINAGE ESMT. 4 I I 1 1 5 I CC#0215192505 I ^ ^I 1 1 I 6 OO I I ^ �j'j11jVsf 1 15/8" CIRS I / CIRS ^ �NAD83 (GRID) ^ - N:6993297.7 P lJJ Do E• Rw, 2304621.3 �5p' OF OFt , D l T 0 m m 1/ j �'' �P.�G\STfRFo°�o9� I l ljl l a o o ,r Lj:� LO ..............eo... o MERLE W. MILLER 7'7--_ - `` A IL 13, 2016 —MERLE °W. MILLER mycoskie+mcinnis Fassociates ..%....................... civil engineering surveying landscape archlocture planning o REGISTERED PROFESSIONAL ^.A 5438 9 � tb re istration number.f—2759 LAND SURVEYOR NO. 5438 tbpis registration/license number. ID08o0 STATE OF TEXAS "%OPfS O t'. S\, °y0 200 a a s t a b r a m N 9'✓Q e arling tan, texas 7 6 a t 0 a SURv PAGE 3 OF 3 817-469-1671 fax: 817-274-8757 DATE: 4//3/2o/s SCALE: �"_ goo" DRAWN BY: MM CHECKED BY: Mem JOB. NO.:2652—os-o� r r r,m m a t e x a s.a o m EXHIBIT A-1 N 01.11 Eli E ad au w ------------ -------- ------ ------ 'HAI ............ --------------------------------------------------- ------- iT -sa aos milli! -------------- --------- ansk- Tfm-!Iltm! 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Ms R -------- --- --ao --- Z to Cl) M, co Z LU A - ---- ----- Z 0 M G9 t�a; 8888 sRa LU 5! 7,6 LU v .......... -------- ---- co0o O LL R 6..d z t2 0 D s Hd - --—----- rs= ------ ----------- LU LLIa Wil< 6,6 'o. 0133 , t �j �1 4 7 -- ------ ---- -- - --- m mo----------- vov000veo ages 13 8 ------------ ------------- HE, ........... 66 r Pi o ------------ ------------------------ -- - zi. Yym MHSMISHMEMES ---- ------- 'H ou �H41 I.A A js 4g A R A 000^nuj!R qGg� 9 9 2 R 222.. - ------ - ----- I III Pi Mg -k I�t 1 im HH-.. Ha Aga RIF! 42 ?i m XJ, 'HJ,'aOAi P103 gill I I I I I T7 I- alialOad �? NVICI D—Us U—Gs as T T NOUORS -E 1A: HONVU XREMO HNIUVW --I F1 da HPWI H �0 ez PIZ iYOYHL .t 3a �b op �b B!-9 w g�� K''-°$ U "�.�� _II F� V�' S NN � 39NV,0 JZ-Swid-ld ''I 113re-ru. jr, •Y=�dld 1sP9L-1-.1z ot:nz IN, —N Fi IX, S aNOd AgAMI I�Nl�n I 1SNW 4rla k 2 nzg, .4Z'ISNOO (ZdO'Sj1-1)i1V4OV2N Oz Zgrfoegoeo#33 II tl oo .9'94 ONY AYM--40�tola 3N113dld TdU 1� ww 3nnv NID28 -7� Noa go *601 IC11 1;�l YN H,�83SN3 A 11 J : i SOWN 61do Iml oNoo.1t X3 10n3SV-3 3N113d1d ADON 0 9,foglm&D m >1-3-780.3NIHVkV 7�1 Zito HHOS'OS�S UNO go 91-tv 3AM oo' 96V joym.a..9 OL 103NN00 Ys Q;. ff n3) Ol 8wu 2SNOO Z0,09Z.1.0 dVHH"dOPSJ OZO" N AS Oor 310pay 02 2,9-2 W4 *X, Noo -4J Rk% 0 IN 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. Silt shall be removed and the channel returned to original lines and grades shown on the approved engineering plans. Accumulated litter, sediment, and debris shall be removed every 6 months or as necessary to maintain proper operation of the channel. Disposal shall be in accordance with federal, state and local regulations. Drainage 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 channel bottoms and replanting to prevent the sealing of the channel 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 9 Rev.7/2006 Exhibit "D" Drainage Channel Structural Maintenance CHECKLIST FREQUENT DATE REPAIRS REPAIRS NOTES INSPECTION REQUIRED MADE 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 O Rev.7/2006 Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation DRAINAGE CHANNEL MAINTENANCE AGREEMENT 11 Rev.7/2006