HomeMy WebLinkAboutContract 48227 CITY SECRETARY
CONTRACT 010, l �]
DOE #
& RETAINING WALL
o, MAINTENANCE AGREEMENT
10
THIS AGREEMENT, made and entered into this %"� `i day of*k))ji , by
and between Castle Equity, LLC, acting by and through Andrew Miller, 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 1.529 acre tract located in Samuel P. Williams Survey, Abstract No. 1690,
Fort Worth, Tarrant County, Texas according to the deed recorded in County Clerk's
Instrument No. (CC#) D214089290, Official Public Records, Tarrant County, Texas and
being more particularly described by metes and bounds in Exhibit "A", 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 Lot 3, Block 1, Heritage
Office Park 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 the construction
and maintenance of a Retaining Wall Facility on a portion 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 a Retaining Wall Facility be constructed and maintained on a portion of the Property;
and;
WHEREAS, the City requires that a Retaining Wall Facility ("Facility") as shown
on the Plan be constructed and adequately maintained by the Landowner, its successors
rOFFICIAL RECORD
RETAINING WALL MAINTENANCE AGREEMENT CRETARYRev.4/2007 RTH,TSS �
and assigns, the location and dimensions of which is shown on 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 Retaining Wall 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. Adequate maintenance is herein defined as good
working condition so that these facilities are performing their design functions.
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, which needs 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.
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 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
RETAINING WALL MAINTENANCE AGREEMENT 2
Rev.4/2007
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
FAILURE OF OWNER OR ANY FUTURE OWNERS OF THE ABOVE
FACILITITY PROPERTY TO MAINTAIN THE RETAINING WALL
IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY
DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1)
EROSION OF THE SOIL BELOW THE RETAINING WALL AND ITS
RETAINING WALL MAINTENANCE AGREEMENT 3
Rev.4/2007
FOOTING, , AND (2) AND FAILURE OF THE RETAINING WALL
AND ITS FOOTING TO OPERATE IN A MANNER CONSISTENT
WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OF
ITS DUTIES OR OBLIGATIONS HEREUNDER.
7. 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.
Executed this?"day o 20
Landowner City
Castle Equity, LLC City of Fort Worth
Andrew Millers Tom•
Principal Assistant City Manager
Approved as to Form and Legality
Assistant City Attorney r N &C{-lpr
TTEST
y �O Oo
P 9 O$ P
lA �o F
[OFFICIAL RECORDIT i�SECRETARY
RETAINING WALL MAINTENANCE AGREEMENT F71. FI ORTI49 TX
Rev.4/2007
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on �LX 20)-�Iby
Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
1PaVPVNy4 LINDA M. HIRRLINGER Notary Public, State of Texas
Notary Public,state of Texas
�r��.•+Pc comm.Expires 02-02-2018
Notary ID 12414474-b
STATE OF TEXAS §
JESSE GOBER
COUNTY OF TARRANT _ = Notary Public,state of Texas
§ ' My commission Expires
t�. Ociobet 20, 2018
,`ilF OF 16,
�I11111
Before me, the undersigned authority on this day personally appeared
VVI,114,41
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
� LL(-- , and that he executed the same as its
an as the act of such IIIAM,16 g ei and for the purposes and
consideration expressed in the foregoing instrument.
Notary Public, tat f Texas
RETAINING WALL MAINTENANCE AGREEMENT CJ
Rev.4/2007
EXHIBIT "A"
WALL EASEMENT
SAMUEL P. WILLIAMS SURVEY,A-1690
CITY OF FORT WORTH,TARRANT COUNTY,TEXAS
BEING a tract of land situated in the Samuel P.Williams Survey,Abstract No. 1690,Tarrant County,Texas,and being situated in a called 24.1086
acre tract of land,as described in the deed to Castle Equity,LLC,recorded in County Clerk's Instrument No. (CC#)D214089290,Official Public
Records,Tarrant County,Texas(OPRTCT),and being more particularly described by metes and bounds as follows:(Basis of bearing being the Texas
Coordinate System,NAD83,North Central Zone-4202.As established using GPS Technology in conjunction with the Texas RTK Cooperative
Network)
COMMENCING at a 1/2 inch orange capped iron rod marked"1PH Land Surveying"found(OCIRF)at the northwest corner of Lot 4,Block 1,
Heritage Glen Office Park,an addition to the City of Fort Worth according to the plat thereof recorded in CC#D215207053,OPRTCT,and being on
the east line of Lot 6X, Block 12,Heritage Glen Addition,an addition to the City of Fort Worth,according to the plat thereof recorded in CC#
D203399842,OPRTCT,and being on the west line of the said called 24.1086 acre tract of land;
THENCE North 22°25'25"East,with the said west line,a distance of 218.52 feet to a point for corner at the northwest corner of proposed Lot 3,
Block 1,of Heritage Glen Office Park,from which a 1/2 inch OCIRF bears North 20°02'40"East,a distance of 0.23 feet;
THENCE North 89°59'48"East,with the proposed north line of said proposed Lot 3,a distance of 10.34 feet to the POINT OF BEGINNING;
THENCE North 89°59'48"East,continuing with the said proposed north line,a distance of 46.52 feet to a point for corner;
THENCE over and across said proposed Lot 3 the following courses and distances:
South 17°43'58"West,a distance of 3.15 feet to a point for corner;
South 89°59'48"West,a distance of 38.97 feet to a point for corner;
South 29°10'51"West,a distance of 9.42 feet to a point for corner;
South 00°00'10"West,a distance of 9.88 feet to a point for corner at the beginning of a non-tangent curve to the right;
With the said non-tangent curve to the right having a central angle of 46°32'28",a radius of 13.50 feet,an arc length of 10.97 feet,and a
chord which bears South 23°16'02"West,a distance of 10.67 feet to a point for corner at the beginning of a reverse curve to the left;
With the said reverse curve to the left having a central angle of 46°32'28",a radius of 45.50 feet,an arc length of 36.96 feet,and a chord
which bears South 23°16'02"West,a distance of 35.95 feet to a point for corner;
South 00°00'12" East,a distance of 4.83 feet to a point for corner;
South 89°59'48"West,a distance of 6.81 feet to a point for corner;
South 04°53'19"West,a distance of 30.03 feet to a point for corner;
South 03°22'20"West,a distance of 35.00 feet to a point for corner;
South 00°28'52"East,a distance of 53.14 feet to a point for corner;
South 89°59'48"West,a distance of 3.01 feet to a point for corner;
North 00°00'12"West,a distance of 48.14 feet to a point for corner;
North 27°10'30" East,a distance of 2.19 feet to a point for corner;
North 00°00'12"West,a distance of 69.91 feet to a point for corner;
North 89°59'48" East,a distance of 10.00 feet to a point for corner;
North 00°00'12"West,a distance of 2.65 feet to a point for corner at the beginning of a non-tangent curve to the right;
With the said non-tangent curve to the right having a central angle of 46°16'48",a radius of 48.50 feet,an arc length of 39.18 feet,and a
chord which bears North 22°55'40"East,a distance of 38.12 feet to a point for corner at the beginning of a reverse curve to the left;
With the said reverse curve to the left having a central angle of 49°33'23",a radius of 10.56 feet,an arc length of 9.13 feet,and a chord
which bears North 23°44'52"East,a distance of 8.85 feet to a point for corner;
North 00°00'12"West,a distance of 4.64 feet to a point for corner;
North 32°52'35" East,a distance of 1.84 feet to a point for corner;
North 00°00'12"West,a distance of 14.71 feet to the POINT OF BEGINNING,and containing 759 square feet or 0.017 acres of land,more
or less.
O13
.....................................
BAIRD, HAMPTON & BROWN, INC. JOSHUA D.WARGO
.... ..........................t.....
ENGINEERING & SURVEYING 6391
4550 State Hwy 360,Suite 180
Grapevine,TX 76051 �� ..� PPESSIO���Q-
jwargo@bhbinc.com 817.251.8550 bhbinc.com q �SUFN
TBPE Firm#44 TBPLS FIRM#10011302 ,Joshua D.Wargo 08/04/2016
Registered Professional Land Surveyor No.6391 Page 1 of 2
DRAWING FILE: E:\Surveyl6\710\000 Heritage Glen, Lot 3, 12K of Office Bldg. - FW\Dwg\BHB Wali Easement.dwg I Ex A
EXHIBIT "A1"
WALL EASEMENT Portion of a Called I
24.1086 Acre Tract of Land
SAMUEL P.WILLIAMS SURVEY POB Castle Equity, LLC
ABSTRACT NO. 1690 N89°59'48"E CC#D214089290
CITY OF FORT WORTH 1/2"OCIRFOPRTCT
" L1 46.52 N89°59 48"E 230.09
TARRANT COUNTY TEXAS JPH Land Surveying"bears N 20°02'40"E,0.23' I i/z"OCIRF
LS / "JPH Land Surveying"
S17°43'58"W bears N 56°21'52°E,0.24'
L7
L6 '
u� y / I 3.15 „ ton°{a Ca\\o kand
v / /
S89059'48 W Poi pereTract
0 „ X40 cI!W �rv� 38.97' 24.1 cast\e Eau g9290
SCALE: 1" = 40' �,a vM // / ( S29°10'51"W C. RTC\ 1
c\',
LOT 6X,BLOCK 12 L5 S00°00'12"E 9'42� Proposed tot off\e Park iQ
HERITAGE GLEN ADDITION L4 4,83' S00 00'10"E Ne6tage G\en
CC#D203399842 / z
I 9.88'
S89o59,48nW
OPRTCT 00 6.81' Line Table
I
SO4053'19"W I Line# Direction Length IT
Ea
WALL EASEMENT N 30.03' a
/ o L1 N89°59'48"E 10.34'
759 SF or 0.017 AC C
/ /S03 22 20 W
rn / 35.00' X 0 0 I L2 S89°59'48"W 3.01'
U
tD / I a' I L3 N27°10'30"E 2.19'
N / L4 N89°59'48"E 10.00' ( R
LS NO°00'12"W 2.65' R
o� to / 15'Permanent Sewer
ZFacility Easement
O 0 ( I CCH D216162462 L6 NO „
0 R / °0012 W 4.64
Ul
00 00 0OPRTCT
0 L7 N32°52'35"E 1.84'
A tui I ( L8 NW00'12"W 14.71' I
/ N
POC m / \
15'Public Access Easement '
1/2"OCIRF / / CC#D215205223-OPRTCT
"JPH Land Surveying"
/ L2I 7.5'Water Line Easement
N89°59 48 E _ _ CC#D215205OPRTCT 372.49' CIRs
Tr �� 7.5'Water Linee EaseEasement
Cc#D215207053-OPRTCT
Lot 4,Block 1 r
/ Heritage Glen Office Park ls'Public Access Easement
/i CC#D215207053 L CC#D215207053-OPRTCT
nPRTCT
NOTES
Curve Table 1. Basis of bearing being the Texas Coordinate System,NAD83,
North Central Zone-4202,as established using GPS Technology
Curve# Delta Radius Arc Length Chord Bearing Chord Length in conjunction with the Texas RTK Cooperative Network.
C1 46°32'28" 13.50' 10.97' S23°16'02"W 10.67' 2. All distances shown are at ground.
C2 46°32'28" 45.50' 36.96' S23°16'02"W 35.95'
oF•TF••I'
C3 46°16'48" 48.50' 39.18' N22°55'40"E 38.12'
g,.��O�RF�,•tft
C4 49°33'23" 10.56' 1 9.13' N23°44'52"E 8.85'
.....................................
JOSHUA D.WARGO
LEGEND ....i.........................
CC#..........County Clerks Instrument Number 6391
- CIRS..........5/8"Capped Iron Rod Stamped
B "BHB INC"Set �,�0•........�0
- OCIRF.......Orange Capped Iron Rod Found SURv
BAIRD, HAMPTON & BROWN, INC. OPRTCT....Official Public Records,Tarrant
ENGINEERING & SURVEYING County,Texas
4550 State Hwy 360,Suite 180 «
Grapevine,TX 76051
jwargo@bhbino.com 817.251.8550 bhbinc.com
TBPE Firm#44 TBPLS FIRM#10011302 Joshua D.Wargo 08/04/2016
Registered Professional Land Surveyor No.6391 Page 2 of 2
DRAWING FILE: E:\Surveyl6\710\000 Heritage Glen, Lot 3, 12K sf Office Bldg. — FW\Dwg\BHB Wall Easement.dwg I Ex At
Un M! as
�f-f a e- 1 P . -
'9' E.
E Ell
LLI
be
0
KOM --'i 2°e FgF 2
C* -4 w
CZ
it,
E53
LL
SO-
2 �2 a
H
—-—-—-—------
—-—--
jj9Y--'S NO VIS H-IYON
A
H
H
500'37'11"E 202.00'
BE
- ----- -------
-FF.--�, — -Es
o
-----------------
-=,�r=l
----------------
5
- ------------------
--------------- --------
E
gg�aG
'2E
ff a
iL
-81
;ap
------—---- —I-------------------------
----------
- ---- -------- ------
85-
Fl
LECH
Es
6
0
C
co;f
ySf IL Q
Fali M.WllFf 1 5
HUH I-Ug
tp,�
-'s
imog Hifn Mli �6,
H'. ",n t;-1 f H Z H
c, -E
1�,f^eMf -.1- gill- -i HEM a
elm
MUM Mui;ull
2�
;.f�f
au
w—
Esp
-,ff 9 Z.
' HE
t 5 t
isee-� / wale SVX31 'H1210M 1210-4
oafs-iss (IM)
L -40 l 019c mal 'RWOM W0.4N011100V 30Vil83H '99t NOOIB 'Z 101 S1-IbrM J N I N I`dl��I
09*9 xoe 'O'd Al 3SVHd 30"1 3JV1I213H
ON 133HS 'DNI 'JNR133NION3 80A 111(8 svxa
V 1N3W3JVNVW WOIXV TIVM ONINIV132J a3SOdO�ld
° 0 ° 0 0 000Do04Ap44 4
rN• a� ° ° +�
— + . O.
U O
m Qi L— C O E O �'++ ++ N x x I V) 0� f'') 0� I'7 p Q
CL— 3 rn 3 «+_ o w 'I I
V)'O U p '�= O I 3 I (U (LI ('') M a• l.L
00
opo °�;�CD c
vv ° E v3 c3o • :�:� N. o
— .c E vi v o 0 : Q
� p U 341 >, v p E v+ C vi 3= ° � 4; •' o
N C-C`�- C.0 C O E O C a) C 0, LL N ° � DO�b•• � �•
o �� o o � �� 3 a O o a �v °` E 3 �OGaS*•.�N;.•RF��
V c CC 00 0 O CL L o N••40-
r
0 ® O o 0 N N O E.2 3 Z. (u N cu m ih o��444ti0000p�0o `.
° c0 � 0.
°°' rn ° o o �Ev°
Y
7 y 006 O0) �wd`y p ooc +
° sa°i
� � vtn
' oo o ° E=
° a
-JO 0 0 L •Q
va
E °'° 2 �,= 0 :~ E c mt E E o.� o°c =
> V V °i�°-+ o V'v C C Ev �, N D 0 6 ,O+�+ N o
Z a°* o s.E E m aa) o v o o jj-�� d- E o w o v= n o ° c
_Z
Eo.3 —°.npo
S h y o w
.toFXI No 03L v0 0 Co 00
E viii o �0) o. ° ° 3
o 0 0+ E .0 o v Q'
W a= v a)� ° 0.m C • C
to n a g s ''' a ' •'•' E o 0 0.0 •o g :3a, o'°•s.0.
CL
g ym_et�g I (D M.0 Ov L .-.30°�
,mmo3 NLN oo,v', 0E _ "' ° ui '3a�� a
N O •a
e.-- E? > (> N O ° ° rn° a� 'v 0) EoN
11 n N �_ L y to •y O U C
ca e
> C w m _ ° = 41 L 16)+' 0 7 0,,�w.Z~ '° ° ° d O�- y.a
341
0 c0 .� o ° 'oma u� a�i oa� a, "' a°iv
Wmc'm-me a3a'^ 7�y ON OC m S ° . NC0OQ E oC Ot1
0) O ° (D 3 C E v0) 0d 0
Ua G � aO U 0v.n
C .0 0
U
.rO+
v Oy � 0y �C++
C OO °:0 0.x041 L- O O 0 W a n 9 � p= '--, C -°N
o. ° E ° 0.
x v) ° U v ++ v�o L- t15 N ^N0E.-
°
rO
ZW ° 0 L N W O u wOC—OCU UCOO '0 '0
w a0
Q mCU t.O 00 O 00O
CLO
C,
ism
d a a N N m
opt j
v ° O °
cl 7 C
" o�CO
W Oq C ° �
Cd G
o on
U 6 ro
.0qp„ ob C U. wUN v: b a0 qA °3 °'7O to y '
cd q. p
14 °
5 -6
Ln p N co
0 ° aq oy'y
w>
—0 N 'V o im w03E �',a�Moyin
-
�w
� c v0 E O o OD
v ai p v v° E .~0 cd'G 0 �p .0 �� v5 �w be� o 0 � � � O.
� ° ��w 'ai
U W E iU. w •� p w p 0. O�+A at o :: b �'" U .-. ;g p +-' o I U a+ w�_ .0 3 ,� v q .'•g. w w O E.O Rt Li
�r N O �,.a •� H O N N O N ai
W1.0,dW -v•o.�^.'wmi°d'..°??w''b'Wtik 3
o � Uci y3y WI� °' �'�wy •�� `bof.'3 3U ;E N°' b 3U a3 +Ua°i q ffoer°' eo °°':O-, oUyow
010 k.;5 r) .= O U -�g o OWP. 12a°i,.��� ,o°°' �°�i•-yc,f • o^c0�a