HomeMy WebLinkAboutContract 48130 CITY SECRETA
DOE # CONTRACT No.W D 3C)
RECEIVED
AUG 30 2016 STORMWATER FACILITY
0YOFFORTWORTH MAINTENANCE AGREEMENT
CITYSECRETARY
THIS AGREEMENT, made and entered into this day of
by and between Mark P. Allen, Assistant Secretary, acting by and through D.R
Horton—Texas Ltd., hereinafter referred to as "Landowner", the Terrace Landing Owners
Association, hereinafter referred to as "Association" 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 111 acre tract located in the A. F. Albright Survey, Abstract 1849, Tarrant
County, Texas according to the deed recorded in Instrument Number D206014290,
Official Public 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 Terrace Landing hereinafter called
the "Plan", which is expressly made a part hereof, as approved or to be approved by the
City and the Landowner and Association provides for management of Stormwater within
the confines of the Property; and
WHEREAS,the City and the Landowner and Association, 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 Stormwater Management Facilities be constructed and
maintained on a portion of the Property; and
WHEREAS, the City requires that on-site Stormwatcr Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD 1
Rev.05/14//2014 CITY SECRETARY
FT. WORTH, TX
Landowner, its successors and assigns, including Association, the location and dimensions
of which is shown and more particularly described by metes and bounds in the attached
Exhibit"A" ("Facility Property"); and
WHEREAS, Landowner agrees to convey the Facility Property to the Association
and the Association agrees to accept the Property where the Stormwater Facility is
located.
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 and Association, its successors and assigns, shall adequately
construct and maintain the on-site Stormwater 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
The Stormwater Facility includes all pipes, channels or other conveyances built
to convey stormwater to the facility, as well as all structures, improvements,
and vegetation provided to control the quantity and quality of the stormwater.
Adequate maintenance is herein defined as good working condition so that
these facilities are performing their design functions. The Stormwater
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 and Association, 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 Facilities, berms, outlet structure, pond areas,
access roads, etc. Components of the Facility, which need maintenance or
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.05/14//2014
replacement to perform their design function, shall be noted in the inspection
report along with the corrective actions to be taken.
3. The Landowner and Association, 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 and the Association, 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 obligation is Landowner's.
5. The Landowner and the Association, 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 or the Association. 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.05/14//2014
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AND ASSOCIATION AGREES TO HOLD THE CITY
HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY
FAILS TO OPERATE PROPERLY. LANDOWNER AND
ASSOCIATION 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 LANDOWNER OR ANY
FUTURE OWNERS OF THE 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; OR FAILURE TO PERFORM ANY
OTHER DUTIES OR OBLIGATIONS HEREUNDER.
7. Landowner and Association 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 and
Association 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.05/14//2014
9. Notwithstanding anything to the contrary contained or implied elsewhere
herein,it is expressly agreed and understood that the liabilities, indemnities and
obligations of D.R. Horton— Texas, Ltd. as Landowner hereunder shall expire
and be of no further force or effect upon the transfer ("Transfer") by Mark P.
Allen, Assistant Secretary to the Association of legal title to the Facility
Property, save and except for any liabilities, indemnities and obligations of
D.R. Horton—Texas Ltd. as Landowner hereunder which have accrued and are
due, payable and/or performable as of the date of the Transfer and which shall
expressly survive the Transfer.
Executed thi& day o 20
Landowner City of Fort Worth
D.R. Horton—Texas Ltd.,
a Texas Limited Partnership Jesus J. Chapa
By: D.R.Horton,Inc., Assistant City Manager
a Delaware Corporation,
Its authorized age Approved as to Form and Legality
Mark P. Allen Assistant City Attorney ®`� 0
Assistant Secretary NITI'KLW K o o�
AT EST
r'fl
Homeowners Association 0Q.Fly
City Sec ary
Name: / le^ _
Title: , ec1-rg,e 4 NO M&C REQUIRED
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.05/141/2014
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on !r of 6 by
Jesus J. Chapa,Assistant City Manager of the City of Fort Wrth, on befialf of the City of
Fort Worth.
TRIKINYA L JOHNSON
:Notary Public,state of Texas
Comm.Expires 04-17 2018
Not P lic, to of Texas
Notary ID 1238832 0
STATE OF TEXAS §
COUNTY OF TARRANT §
B ore me, the undersigned authority on this day of
Y� , 20�,, personally appeared Mark P. Allen, known to me
to bet the person whose name is subscribed to the foregoing instrument and acknowledged
to me that the same is the act of Assistant Secretary, and that he executed the same as its
and for the purposes and consideration expressed in the foregoing instrument.
Ow KATIE SABIN ID#130023823
Notary Pnblic, State%fTexas
COW.Ems.Nov.12,2018
STATE OF TEXAS §
COUNTY OF TARRANT §
Tlfip instrument w knowledged before me on by,
authorized representative, acting on behalf of the
Terrace Landing Owners Association.
_+►/"`�"��.�n KATIE SABIN
ID ait 130023823 Notary Public, State of Texas
Comm.Exp.Nov.12,2018
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.05/14//2014
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.05/14//2014
STORM WATER MAINTENANCE FACILITY EASEMENT
Part of Tract II, D.R. Horton-Texas, LTD.
A.F. Albright Survey, Abstract No. 1849
City of Fort Worth, Tarrant County, Texas
BEING, a 22,126 square foot (0.508 acre) tract of land situated in the A.F. Albright Survey,
Abstract No. 1849, Tarrant County, Texas; said tract being part of that tract of land described as
Tract II in Special Warranty Deed to D.R. Horton-Texas, LTD. recorded in Instrument No.
D206014290 of the Official Public Records of Tarrant County, Texas; said 22,126 square foot
(0.508 Acre) tract being more particularly described as follows (bearing system based on the
easterly line of Marine Creek Parkway, as described in Tract 1 of the Special Warranty Deed to
D.R. Horton-Texas, LTD., as recorded in Instrument No. D206014290 of the Deed Records of
Tarrant County, Texas):
BEGINNING, at a 5/8-inch iron rod found for the southeast corner of Lot 11, Block N, Terrace
Landing Phase 2C, an addition to the City of Fort Worth, according to the plat recoded in
Instrument No. D21229231 of said Official Public Records, said point also being in the west right-
of-way line of Austin Ridge Drive (a 50-foot wide right-of-way);
THENCE, South 03 degrees, 38 minutes, 44 seconds East, along the said west line of Austin
Ridge Drive, a distance of 38.08 feet to the beginning of a tangent curve to the right;
THENCE, in a southwesterly direction, along said curve to the right, having a central angle of 91
degrees, 21 minutes, 18 seconds, a radius of 20.00 feet, a chord bearing and distance of South 42
degrees, 01 minutes, 55 seconds West, 28.62 feet, an arc distance of 31.89 feet to a point at the
end of said curve;
THENCE, South 87 degrees, 42 minutes, 34 seconds West, a distance of 95.64 feet to the
beginning of a tangent curve to the left;
THENCE, in a northwesterly direction, along said curve to the left, having a central angle of 09
degrees, 58 minutes, 53 seconds, a radius of 325.00 feet, a chord bearing and distance of
South 82 degrees, 43 minutes, 07 seconds West, 56.55 feet, an arc distance of 56.62 feet to a
point at the end of said curve;
THENCE, South 77 degrees, 43 minutes, 41 seconds West, a distance of 14.59 feet to the
beginning of a tangent curve to the right;
THENCE, in a southwesterly direction, along said curve to the right, having a central angle of 89
degrees, 00 minutes, 28 seconds, a radius of 20.00 feet, a chord bearing and distance of North 57
degrees, 46 minutes, 05 seconds West, 28.04 feet, an arc distance of 31.07 feet to a point at the
end of said curve; said point being the beginning of a reverse curve to the left;
THENCE, in a northwesterly direction, along said curve to the left, having a central angle of 02
degrees, 47 minutes, 11 seconds, a radius of 1,712.33 feet, a chord bearing and distance of
North 14 degrees, 39 minutes, 27 seconds West, 83.27 feet, an arc distance of 83.28 feet to a
point at the end of said curve; said point being the beginning of a reverse curve to the right;
THENCE, in a northwesterly direction, along said curve to the right, having a central angle of 02
degrees, 34 minutes, 22 seconds, a radius of 1,475.00 feet, a chord bearing and distance of
North 14 degrees, 45 minutes, 52 seconds West, 66.23 feet, an arc distance of 66.24 feet to a
point at the end of said curve;
PAGE 1 OF 3
STORM WATER MAINTENANCE FACILITY EASEMENT
Part of Tract ll, D.R. Horton-Texas, LTD.
A.F. Albright Survey, Abstract No. 1849
City of Fort Worth, Tarrant County, Texas
THENCE, North 86 degrees, 21 minutes, 16 seconds East, a distance of 108.33 feet to a point
for corner in the west line of said Block N, Terrace Landing Phase 2C;
THENCE, South 03 degrees, 38 minutes, 44 seconds East, along the said west line of Block N,
Terrace Landing Phase 2C, a distance of 101.56 feet to a point for corner; said point being the
southwest corner of said Lot 11;
THENCE, North 86 degrees, 21 minutes, 16 seconds East, along the south line of said Lot 11, a
distance of 130.00 feet to the POINT OF BEGINNING;
CONTAINING: 22,126 square feet or 0.508 acres of land, more or less.
(A survey plat of even survey date herewith accompanies this description.)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing
description accurately sets out the metes and bounds of the easement tract described.
(�. OF• rF
'4�6 ERFO
cn 9iY
w7
MICHAEL LARRY LEWIS...
Milchha'-ei-L-a_rry Lewis, Jr. Date goF5773o�P;o
Registered Professional La urveyor No. 5773
Pacheco Koch, LLC
6100 Western Place, #1001, Fort Worth TX 76107
(817) 412-7155
TX Reg. Surveying Firm LS-10193824
2009-15.291 EX1.doc
2009-15.291EX1.dwg rmt
PAGE 2 OF 3
� 50 R.O.W. LOT 24
Z
PART OF TRACT II ( Z M°> D.R. HORTON—TEXAS, LTD. �
o Uj
Z
V
LOT 25
U(INST. N0. D206014290) —Z
'Z � I
W C3 to
oo�''a ° U z �
JU= o _ _ 0 04 c�
1 N 86021'16" E °° a z— , Lo o z N o
108.33' N N o J
`-' 0 I OJ Q= o N
d-2 34 22 W 0 w a ,-
R=1,475.00 I
N O
L=66.24' I z
o P.®.8.
T=33.12
CB=N 14'45'52" W INCH 1RON LOT 28
o ROO FOUNTS (C.M.)
CD=66.23' N LOT �1 �
STORIW WATER N 86021'16" E 130.00 S 03'38'44' E
A-2'47'11" MAINTENANCE 38.08'1 LOT 29
FACILITY ,
R=1,712.33' EASEMENT 2 N Ss•21'1 " E 170.00'
L=83.28' 22.126 SF
T=41.65' (0.508 ACRES)
CB=N 14'39127" W ��"S�•
CD=83.27
In S 87042'34" W
6-89.00'28" 95.64' d-91'21'18' 1/2-INCH IRON ROD �
0 R=20.00' S 77'43 41 W X9'58'53" R=20.00' W/'usA INC.' CAP
N 14.59' FOUND (C.M.)L=31.07' R=325.00' L=31.89'
T=19.66' L=56.62' T=20.48'
CB=N 57'46'05" W T-28.38' CB=S 42'01'55" W
CD=28.04' CB-S 82'43'07" W CD=28.62'
CD=56.55'
LEGEND
C7
PROPERTY LINE
a EASEMENT UNE 0 30 60 120
POINT FOR CORNER
ry (UNLESS OTHERWISE NOTED) NOTES:
(C.M.) - CONTROLLING MONUMENT GRAPHIC SCALE IN FEET 1. A metes and bounds description of even
P.O.B. POINT OF BEGINNING survey date herewith accompanies this plot
of survey.
The undersigned, Registered Professional Land
3 Surveyor, hereby certifies that this plat of 2. Bearing system based on the easterly line of
survey accurately sets out the metes and t�•�F• TF Marine Creek Parkway, as described in Tract
bounds of the easement tract described. y ��1sTEq�:9d► 1 of the Special Warranty Deed to D.R.
Ili Horton—Texas, LTD., as recorded in
Il11111CHAE....... ...MS, .. Instrument No. D206014290 of the Deed
Records of Tarrant County, Texas.
' y •..,8s1.••
u Michael Lorry Lewis, J , 'Date 9 OFf ••••� ° STORM WATER
Registered Professional S U R
Land Surveyor No. 5773 MAINTENANCE
8100 >wESTSP+� PLACE, SUITE 1001
FACILITY EASEMENT
Pacheco Koch FORT WORTH, TX 78107 917.412.7155
TX REG. ENGINEERING FIRM F-14439 PART OF TRACT II. D.R. HORTON—TEXAS, LTD.
TX REG. SURVEYING FIRM LS-10193924 A.F. ALBRIGHT SURVEY, ABS'T'RACT NO. 1849
DRANIY er I ciacKED er SCALE DATE ✓oe NLMWER CITY OF FORT WORTH. TARRANT COUNTY, TE
RMT MLL/PMD 1"=60' DEC. 2015 1 2009-15.291 PAGE 3 OF 3
DWG FILE: 2009-15.291EX1.DWG
2009-15.291EXl.txt
North: 14936.18' East: 22632.47'
segment #1 . Line
course: s3°38'44"E Length: 38.08'
North: 14898.18' East: 22634.89'
Segment #2 . Curve
Length: 31.89' Radius: 20.00'
Delta: 91°21'18" Tangent: 20.48'
chord: 28.62' course: 542°01'55"w
course In: 686°21'16"w course Out: 52°17'26"E
RP North: 14896.90' East: 22614.93'
End North: 14876.92' East: 22615.73'
Segment #3 . Line
Course: 687'42'34"w Length: 95.64'
North: 14873.09' East: 22520.16'
Segment #4 Curve
Length: 56.62' Radius: 325.00'
Delta: 9° 58'53" Tangent: 28.38'
chord: 56.55' Course: S82°43 '07"w
Course In: s2°17'26"E Course Out: N12°16'19"w
RP North: 14548.35' East: 22533.15'
End North: 14865.93' East: 22464.07'
Segment #5 . Line
Course: S77°43'41"w Length: 14.59'
North: 14862.83' East: 22449.81'
Segment #6 . Curve
Length: 31.07' Radius: 20.00'
Delta: 89°00'28" Tangent: 19.66'
chord: 28.04' course: N57°46'05"w
course In: N12°16'19"w Course Out: 576°44'08"w
RP North: 14882.37' East: 22445. 56'
End North: 14877.78' East: 22426.10'
segment #7 . curve
Length: 83.28' Radius: 1712.33'
Delta: 2°47'11" Tangent: 41.65'
Chord: 83.27' Course: N14°39'27"w
course In: 676°44'08"w course out: N73°56'57"E
RP North: 14484.89' East: 20759.45'
End North: 14958.34' East: 22405.02'
segment #8 . curve
Length: 66.24' Radius: 1475.00'
Page 1
2009-15.291EX1.txt
Delta: 2°34'22" Tangent: 33.12'
Chord: 66.23' Course: N14°45'52"w
course In: N73°56' 57"E Course Out: s76°31'20"w
RP North: 15366.16' East: 23822.52'
End North: 15022.38' East: 22388.15'
segment #9 . Line
Course: N86°21'16"E Length: 108.33'
North: 15029.27' East: 22496.26'
Segment #10 . Line
course: 53°38'44"E Length: 101. 56'
North: 14927.92' East: 22502.71'
Segment #11 . Line
Course: N86°21'16"E Length: 130.00'
North: 14936.18' East: 22632.45'
Perimeter: 757.29' Area: 22126 Sq. Ft.
Error closure: 0.02 course: N71°54'26"w
Error North: 0.006 East: -0.018
Precision 1: 37545. 50
Page 2
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Exhibit "C"
CITY OF FORT WORTH STORMWATER 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev.05/14//2014
Exhibit "D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT DATE REPAIRS REPAIRS
INSPECTION REQUIRED MADE NOTES
Mowin
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
uard
Location of Erosion
MAJOR
INSPECTIONS
Condition of
Stormwater Quality
Structure
Type of Stormwater
Quality Structure
Structure type and
Condition
Condition of Rip-
Rap
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev.05/14//2014
Condition of
filtrations stem
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev.05/14//2014
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