HomeMy WebLinkAboutContract 48131 CITY SECRETARY
CONTRACT NO.
City Project# 100061
Creekside Estates Addition Phase II
44.��G'�lV�� STORMWATER FACILITY
0 T 4 TOO MAINTENANCE AGREEMENT
OR �,,
S� THIS AGREEMENT, made and entered into this day of 3&,
by and between McCart Risinger L.P. a Texas Limited Partnership, acting by and through
William W Snider, hereinafter referred to as "Landowner", the Parkview Homeowners
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 5.94 acre tract located in the Jacob Wilcox Survey, Abstract 1743, Tarrant
County, Texas according to the deed recorded in County Clerks Document No.
D204331963 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 Creekside Estates Phase II
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 Stormwater Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY 1
Rev.05/14//2014
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 "C".
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
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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 Abf .rl R,s`n4ar .P as Landowner hereunder shall expire and
be of no further force or effect upon the transfer ("Transfer") by
/7 a -L-�/ p to the Association of legal title to the Facility Property, save
and except for any liabilities, indemnities and obligations of MC&r4 f?;Sj Wr
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 this ;� day of 20
Landowner City of Fort Worth
McCart Risinger L.P.
A Texas Limited Partnership
/lilt C''/`mil
'A
ame: William W. Snider Jesus J. Chapa
Title: Assistant City Manager
Approved as to Form and Legality
7
Homeowners Association
Parkview Homeowners Association A r V LL r N . &O-)or-
Assistant City Attorney
Name: Steve nder ATTEST
Title: President
City ary
FN0 M&C REQUIRED
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.05/14//2014
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 7y14 by
Jesus J. Chapa, Assistant City Manager of the City of Fort W th, on behalf of the City of
Fort Worth.
TRIKINYA L JOHNSON
4"p;-, ,.-c';Notary Public,State of Texas —
�::
"? Comm.Expires 04-17-2018
-= ' 'o�' ;•��` Notary ID 1238832-0 Notary Pubic, St f Texas
to list
STATE OF TEXAS §
COUNTY OF TARRANT §
Befo5e me, the undersigned authority on this day of
20 f personally appeared
known
to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged o me that the same is the act of
6p- , and that e .executed�I same as its
an the act of such H�'purposes and
conside expressed in the foregoing instrument.
LYNN SWOGGER
= t Notary Public
State of Texas
Comm.Expires 12-06-2016 Not Public, State of as
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on M&C# by,
i N owaiD L , authorized representative, acting on behalf of the
Homeowners Association.
LYNNSy POGER
Public
State of Texas
O Comm.Expires 12-06.2016
Notary ublic, State of as
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.05/14//2014
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
Being a tract of land situated in the Jacob Wilcox Survey, Abstract No. 1743, City of Fort
Worth, 'Tarrant County, Texas, being a part of that certain tract of land described by deed to
McCart—Risinger, L.P., recorded in County Clerk's Document No. D204331963, Deed Records,
Tarrant County, Texas and said tract of land being more particularly described by metes and
bounds on Exhibit A.
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.05/14/12014
EXH/B/T "A"
DRAINAGE FACILITY EASEMENT
Line Table
Line Bearin
Number 9 Distance
Lt SOT'25'46V 30.87'
L2 S01'25'46 W 50.02'
L3 NORTH 10.00'
L4 WEST 25.00'
L5 S83'45'40'W 174.71' 0 200'
L6 N00'37'44W 30.14' SCALE FEET
L7 N8345'40'E 173.40' 1.— 20W
L8 EAST 26.63'
L9 NORTH 10.00' P.0.C
in
Gam`}•
McCART — RISINGER, L.P. co
COUNTY CLERK'S DOCUMENT 3 La
NO. D204331963 e
�► D.R.T.C.T.
Ncall
N 88'34'14"W
39,028 SQUARE FEET / 0.896 ACRE $
DRAINAGE FACILITY EASEMENT 200.00' c
L9 z
L7 18 EAST 661.26' P.0.6. L1 zN
L6 L2 T.E.S.CO.
3
VOLUME 8844,
L4
L3 WEST 660.01' PAGE 742
Cr "evc�i.,.�h D.R.T.C.T.
—�- ^ —-
f9 20 21 I
EAST GATE PROPERTIES, INC.
COUNTY CLERK'S DOCUMENT r$�
"(SIDE ESTATE NO. D204338598 F OF T
A, SLIDE 11803 D.R.T.C.T. �Q� .®�••.Fr}
,F.R.T.C.T. C';`PEC' FR��•.tS�
/ ........... ..........
STEPHEN R.GLOSUP
...............
A metes and bounds description of DUNAWAY
even date accompanies this drawing. 550 Balley Avenue •Suite 400 •Fort Worth,Texas 76107 /�
Tel;817.335.1121 3/Z5 PAGE 1 OF 2
FIRM REGISTRATION 10098100
DATE: MARCH 25, 2016 DUNAWAY JOB NO. 2010078.020
EXH/BI T "A "
DRAINAGE FACILITY EASEMENT
PROPERTY DESCRIPTION
BEING a tract of land situated in the Jacob Wilcox Survey. Abstract No. 1743, City of Fort Worth, Tarrant County,
Texas, being a part of that certain tract of land described by deed to McCort — Risinger, L.P., recorded in County
Clerk's Document No. D204331963, Deed Records, Tarrant County, Texas and said tract of land being more
particularly described by metes and bounds as follows:
COMMENCING at a railroad spike found for the northeast corner of said McCort — Risinger tract and in the west
right—of—way line of Burlington Santa Fe Railroad (a 100' width right—of—way);
South 01'25'46" West, with the west right—of—way line of said Burlington Santa Fe Railroad, and with the east
line of said McCort — Risinger tract, a distance of 613.85 feet to point for the northeast comer of that
certain tract of land described by deed to Texas Electric Service Company, recorded in Volume 8844, Page
742, Deed Records, Tarrant County, Texas;
North 88'34'14" West, departing the west right—of—way line of said Burlington Santa Fe Railroad and with the
north line of said Texas Electric Service Company tract, a distance of 200.00 feet to point for the northwest
corner of said Texas Electric Service Company tract;
South 01'25'46" West, with the west line of said Texas Electric Service Company tract, a distance of 30.87
feet to a point for the POINT OF BEGINNING of herein described tract of land:
THENCE South 01'25'46" West, continuing with the west line of said Texas Electric Service Company tract, a
distance of 50.02 feet to a point;
THENCE WEST, departing the west line of said Texas Electric Service Company tract and crossing into said McCort
— Risinger tract, a distance of 660.01 feet to a point;
THENCE NORTH, a distance of 10.00 feet to a point;
THENCE WEST, a distance of 25.00 feet to a point;
THENCE South 83'45'40" West, a distance of 174.71 feet to a point;
THENCE North 00'37'44" West, a distance of 30.14 feet to a point;
THENCE North 83'45'40" East, a distance of 173.40 feet to a point;
THENCE EAST, a distance of 26.63 feet to a point;
THENCE NORTH, a distance of 10.00 feet to a point;
THENCE EAST, a distance of 661.26 feet to the POINT OF BEGINNING and containing a calculated area of 39,028
square feet or 0.896 acre of land.
NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central
Zone, 4202, based upon GPS measurements, according to the GPS reference Network.
The metes and bounds description contained herein was compiled from information contained in
recorded documents and does not reflect the results of an on the ground survey.
A drawing of even date accompanies this metes and bounds description.
DUNAWAY JOB NO. 2010078.020 PAGE 2 OF 2
EXHIBIT"A"
Step R.Glosup
Registered Professional Land Surveyor4.
Texas Registration No.5570 IF OF T��
srg @dunaway-assoc.eom r9�PP�15TEgF•.`y�, DRAINAGE FACILITY
March 25,2016 ° EASEMENT
d STEPHEN R.GLOSUP
...r..................
DUNAWAY <'g9o5570 : A part of the MCCart- Risinger, L.P.Tract
��d.FSSiV�
550 Bailey Avenue • Suite 400 •Fort Worth,Texas 76107 sU '"
Tel;817.335.1121 Situated In the Jacob Wilcox Survey, Abstract
FIRM REGISTRATION 10098100 No. 1743, Tarrant County, Texas.
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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 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
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
STQRMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev.05/14//2014