HomeMy WebLinkAboutContract 49639 CITYC �
CONTRACT
NON0..
STORMWATER FACILITY
MAINTENANCE AGREEMENT
WATER QUALITY DEVICES
THIS AGREEMENT, made and entered into this day of Rppt. 4.0
C '�, by and between The View of Fort Worth, LLC, acting by and through John
McWilliams, 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 8.13 acre tract located in the W.W Wheat Survey, Abstract 1647 and
the William H.Little Survey, Abstract 945, Tarrant County, Texas according to the deed
recorded in Document Number D217167964, 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 The View of Fort Worth
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 Stormwater and its
runoff quality within the confines of the Property; and
WHEREAS, this Agreement shall run with the land and apply to the Landowner,
its successors and assigns. The term "Landowner" shall refer to the then-current legal
owner of the Property and/or the Facility as same are herein defined; and WHEREAS, the
Landowner has determined that on-site Stormwater Management Facilities to control
sediment, nutrients, trash, debris and other floatable materials ("Facility") should be
constructed and maintained on a portion of the Property; and
WHEREAS, the City requires that the Facility, whether one or more, as shown on
the Plan be constructed and adequately maintained by the Landowner the locations of
which are as shown in the attached Exhibit"A" ("Facility ProperW');
OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY 1
Rev.12/29/2014
FT.WORTH,TX
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 shall adequately construct and maintain the 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 Facility includes all
structures required to control the quality of the storm water. Adequate
maintenance is herein defined as good working condition so that these facilities
are performing their designed functions. Maintenance forms provided by the
City, or an equivalent provided by the manufacturer of the Facility, attached
to this Agreement as Exhibit "D", are to be used to establish what good
working condition is acceptable to the City.
2. If the Landowner contracts the maintenance of the Facility with a third-party,
Landowner shall provide a copy of the contract to the City at the time this
Agreement is executed It shall be the Landowner's responsibility to ensure
that the contracting party is properly qualified to maintain the Facility and to
provide any updates to the contract as a part of the annual inspection report
discussed immediately below..
3. The Landowner shall inspect or shall cause to be inspected the Facility at
frequency specified by the manufacturer or annually, if not specified by the
manufacturer, using the inspection form in Exhibit C or equivalent by
manufacturer, and shall be compiled and submitted 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. 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. The corrections identified in the inspection report must be
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.12/29/2014
corrected within 45 days, and corrections once made shall be so noted in the
next inspection form
4. The Landowner hereby grants permission to the City, its authorized agents and
employees,to enter upon the Property to inspect the Facility whenever the City
deems necessary. The inspection may involve follow-up on reported
deficiencies and/or to respond to citizen complaints. The City shall provide the
Landowner copies of the inspection findings and a directive to commence with
maintenance and repairs if necessary.
5. In the event the Landowner fails to maintain the Facility 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 to protect public health, safety and welfare and to charge
the costs of such maintenance and repairs to the Landowner. It is expressly
understood and agreed that the City is under no obligation to routinely
maintain or repair the Facility, and in no event shall this Agreement be
construed to impose any such obligation on the City, such obligation is the
Landowner's.
6. The Landowner 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 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 fails 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 the county in which the Facility lies, an affidavit identifying
the real property to be charged with such lien, stating the amount thereof, and
making reference to this Agreement.
7. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.12/29/2014
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. LANDOWNER COVENANTS AND AGREES
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 TO: PROPERLY INSTALL, MAINTAIN
AND REPAIR THE FACILITY, OR ANY DAMAGES CAUSED TO
PERSON OR PROPERTY DUE TO (1) FLOODING ATTRIBUTED TO
THE FACILITY OR (2) IMPROPER INSTALLATION,
MAINTENANCE AND REPAIR OF THE FACILITY, .
8. 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 access to the Facility. 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]
Executed tirii!F- day o ' .20_(7
Landowner City of Fort Worth
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.12/29/2014
c:
Name: �o WI AML Jesus J. Chapa
n Assistant City Manager
Title. t'r
Approved as to Form and Legality
A
�L
) Gt4A
Se,Assistant City A orney
�-���
ATTEST
* '2
ity Secretar
�XAS
NO M&C REQUIRED
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev.12/2912014
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on � ,G /9, 20/R�by
Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
TRIKINYA L JOHNSON p
Notary Public, State of Texas
;�,• .�, Comm. Expires 04-17-2018 Notary Vublic, State of Texas
'•.;�o��,; Notary ID 1238832.0
STATE OF TE*,Og&/ 4OvII §
COUNTY OF ��-�f�,�J/�°D
Before me, the undersigned authority on this �� day of
!.! , 20,0 personally appeared
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
and that he executed the same as its
and as the act of such and for the purposes and
consideration expressed in the foregoing inst ent.
o Public, State of,J=etas- Zd
JAMES GULLEY
Notuy Pubic-State dAdMe
MARMIM COUNTY
• ° tN nmrrnbsion Exon May 4,2041
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.12/2912014
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract,including
ensu:�ng all performance and repolLing requirements.
keoff m"=ployee
Title
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.12/29/2014
PRIVATE DRAINAGE
EASEMENT
OUT OF
TRACT 1
CALLED 8.110 ACRES
IN THE
W.W.WHEAT SURVEY, ABSTRACT NUMBER 1647 &
WILLIAM H. LITTLE SURVEY
ABSTRACT NUMBER 945
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
BEING a 0.0154 acre(670 square feet)tract of land situated in the W.W.Wheat Survey,Abstract
Number 1647, Tarrant County, Texas, and being part of that called 8.110 acre tract of land
described as"Tract 1' in deed to Legend Bank, NA, recorded in Document Number D209332056
of the Official Public Records of Tarrant County, Texas, (O.P.R.T.C.T.), and being more
particularly described as follows:
COMMENCING at a 5/8-inch iron rod found for the common southwest comer of said 8.110 acre
tract and the southwesterly comer of that tract of land described in deed to Tarrant County Water
Control and Improvements District, as recorded in Volume 2870, Page 340 of the Deed Records
of Tarrant County, Texas, (D.R.T.C.T.), said corner being on the easterly line of that tract of land
described in deed to Tarrant County Water Control and Improvements District, recorded in
Volume 2287, Page 553, D.R.T.C.T.;
THENCE North 49 degrees 07 minutes 06 seconds East, along the common line between said
8.110 acre tract and said Tarrant County Water Control and Improvements District tract, a
distance of 14.96 feet to a point (not monumented) for the POINT OF BEGINNING of the herein
described tract;
THENCE departing said common line and over and across said 8.1110 acre tract the following
courses and distances;
THENCE North 19 degrees 21 minutes 53 seconds West, a distance of 31.73 feet to a
point (not monumented)for corner;
THENCE North 70 degrees 38 minutes 07 seconds East, a distance of 25.00 feet to a
point (not monumented)for comer;
THENCE South 19 degrees 21 minutes 53 seconds East, a distance of 21.87 feet to a
point (not monumented)for corner on the aforementioned common line;
THENCE South 49 degrees 07 minutes 06 seconds West, along said common line, a distance of
26.87 feet to THE POINT OF BEGINNING AND CONTAINING 0.0154 acre or 670 square feet of
land, more or less.
The Basis of Bearings is the Texas Coordinate System of 1983, North Central Zone (4202).
This description is accompanied by an exhibit of even date.
OF rF
Joel C. Howard 'Q ;
Texas RPLS No. 6267 ""JOEL".'..... ...�....
OEL C. HOWARD
TBPLS Firm No. 10194205 6267
,•9
ESS ,
Page 1 of 2
NOTES: 0 20, 40, $0�
1.The Basis of Bearing is the Texas Coordinate System of
1983, North Central Zone (4202). LEGEND BANK, NA
2.This survey was prepared without the benefit of a title TRACT I ill _ 40'
commitment. DOC. NO. D209332056
3.This exhibit is accompanied by a description of even CALLED 8.110 ACRES N
date. O.P.R.T.C.T.
LEGEND: PROPOSED
D.R.T.C.T. DEED RECORDS,TARRANT COUNTY,TEXAS PRIVATE
O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS DRAINAGE
FIR FOUNDIRONROD EASEMENT -
GRF FOUND IRON ROD W/CAP
DOC. DOCUMENT 0.0154 ACRES
PG. PAGE (670 SQ.FT.)
SOFT. SQUARE FEET
VOL VOLUME
APPRO
ir R: WHEAT SUR TION
NO• YEY
_ _ 1647
POINT OF ,o�" WILLIA APpyO H`�ATE
LOCATION
z BEGINNING 90� ABST.L1YO L945URVEY
o POINT OF 00 Q ,�
Z COMMENCING �► P� `�`'
O E— cn
w u) a 4� PCO �J�QOM.
ZC'0 -14%w
W N GOA LEGEND BANK, NA
z w JO TRACT II
O >O > DOC. NO. D209332056
X CALLED 2.357 ACRES
z g O.P.R.T.C.T.
15
1N��T
PRIVATE DRAINAGE
EASEMENT
LINE DIRECTION DISTANCE OUT OF
L1 N 190 21'53"W 31.73' TRACT 1
L2 N 700 38'07" E 25.00' CALLED 8.110 ACRES
L3 S 190 21' 53" E 21.87' IN THE
L4 S 490 07'06"W 26.87' W.W. WHEAT SURVEY, ABSTRACT
NUMBER 1647 81
WILLIAM H. LITTLE SURVEY
�.i °F• F-rq ABSTRACT NUMBER 945
1:
`'•° `�°�' �9`�0 CITY OF FORT WORTH,
••••«..........:. ................ TARRANT COUNTY, TEXAS
JOEL C. HOWARD DATED: 09/15/17 DRAWN BY:JCH
..i. .....................'y..,..y
YGEONAV
SURVEYING•MAPPING•SCANNING
2081 HUTTON DRIVE,SUITE 107:CARROLLTON,TEXAS 75006
SCALE: 1"-40" (972)243-2409 PROJECT 1245
2 OF 2 TBPLS FIRM NO. 10194205
PRIVATE DRAINAGE
EASEMENT
OUT OF
TRACT 1
CALLED 8.110 ACRES
IN THE
W.W.WHEAT SURVEY,
ABSTRACT NUMBER 1647
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
BEING a 0.0171 acre(745 square feet)tract of land situated in the W.W.Wheat Survey,Abstract
Number 1647, Tarrant County, Texas, and being part of that called 8.110 acre tract of land
described as "Tract 1" in deed to Legend Bank, NA, recorded in Document Number D209332056
of the Official Public Records of Tarrant County, Texas, (O.P.R.T.C.T.), and being more
particularly described as follows:
COMMENCING at a 5/8-inch iron rod found for the common southwest corner of said 8.110 acre
tract and the southwesterly comer of that tract of land described in deed to Tarrant County Water
Control and Improvements District, as recorded in Volume 2870, Page 340 of the Deed Records
of Tarrant County, Texas, (D.R.T.C.T.), said corner being on the easterly line of that tract of land
described in deed to Tarrant County Water Control and Improvements District, recorded in
Volume 2287, Page 553, D.R.T.C.T.;
THENCE North 49 degrees 07 minutes 06 seconds East, along the common line between said
8.110 acre tract and said Tarrant County Water Control and Improvements District tract, a
distance of 362.17 feet to a point(not monumented)for the POINT OF BEGINNING of the herein
described tract;
THENCE departing said common line and over and across said 8.1110 acre tract the following
courses and distances;
THENCE North 40 degrees 49 minutes 34 seconds West, a distance of 27.61 feet to a
point (not monumented)for corner;
THENCE North 49 degrees 10 minutes 26 seconds East, a distance of 27.00 feet to a
point (not monumented)for corner;
THENCE South 40 degrees 49 minutes 34 seconds East, a distance of 27.59 feet to a
point (not monumented)for corner on the aforementioned common line;
THENCE South 49 degrees 07 minutes 06 seconds West, a distance of 27.00 feet to the POINT
OF BEGINNING AND CONTAINING 0.0171 acre or 745 square feet of land, more or less.
The Basis of Bearings is the Texas Coordinate System of 1983, North Central Zone (4202).
This description is accompanied by an exhibit of even date.
/,Joel C. Howard
Texas RPLS No. 6267 JOEL C. HOVJAfi0
TBPLS Firm No. 10194205 ......................6267
9 6257 �9
S -.Z.0
qii�5 f Page 1 of 2
NOTES: 0 20' 40' 80'
1. The Basis of Bearing is the Texas Coordinate System of
1983, North Central Zone (4202).
2.This survey was prepared without the benefit of a title i" = 40'
commitment. N
3.This exhibit is accompanied by a description of even
date.
LINE DIRECTION DISTANCE
L1 N 400 49' 34°,W 27.61'
L2 N 49 10' 26" E 27.00
/ \ L3 S 400 49' 34" E 27.59'
�\ \\ L4 S 490 07' 06"W 27.00'
\ \ PROPOSED
\ \ DRAINAGE ACCESS
LEGEND: \ EASEMENT
D.R.T.C.T. DEED RECORDS,TARRANT COUNTY,TEXAS \ \ 0.1118 ACRES
O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS,TARRANT COUNTY,TEXAS \ \ (4,870 SQ.FT.)
FIR FOUND IRON ROD \ \
CIRF FOUND IRON ROD W/CAP \
DOC. DOCUMENT
PG. PAGE \ \ PRIVATE
SOFT. SQUARE FEET \ \ DRAINAGE
VC'A- VOLUME \ \ EASEMENT
\ \ 0.0171 ACRES
\ \ (745 SQ.FT.)
N Al'�°ROxIMA TE \ \
1')r WHEAT SURVLOCATION
�j ABST. N0. 1647EY \ \ t�¢
d`,C J ���xO �o
QLEGEND BANK, NA POINT OF L Cp ��OQG
a , TRACT I BEGINNING �`��`�
DOC. NO. D209332056 CPQ- PCO JOS' O'
z z CALLED 8.110 ACRES
p ULon
O.P.R.T.C.T. �1
, .
W �' a PRIVATE DRAINAGE
z ° d EASEMENT
� u.INo OUT OF
Zw -io TRACT 1
0 0 °� � CALLED 8.110 ACRES
cr �' IN THE
Q CIL �F r�,�q W.W. WHEAT SURVEY, ABSTRACT
r�sTFgz s NUMBER 1647
CITY OF FORT WORTH,
~
TARRANT COUNTY, TEXAS
POINTOF� DATED 09/75/17 DRAWN BY=JC.
COMMENCING /� 'W GEONAV
r,51, SURVEYING MAPPING �SCANNING
6$ 2081 NUT TON DRIVE, SUITE 107:CARROLLTON.TEXAS 75006
SCALE: V-40" (972)243-2409 PROJECT •1245
2 OF 2 TBPLS FIRM NO. 10194205
DRAINAGE ACCESS
EASEMENT
OUT OF
TRACT 1
CALLED 8.110 ACRES
IN THE
W.W.WHEAT SURVEY,ABSTRACT NUMBER 1647
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
BEING a 0.1118 acre (4,870 square feet) tract of land situated in the W. W. Wheat Survey,
Abstract Number 1647, Tarrant County, Texas, and being part of that called 8.110 acre tract of
land described as "Tract V in deed to Legend Bank, NA, recorded in Document Number
D209332056 of the Official Public Records of Tarrant County, Texas, (O.P.R.T.C.T.), and being
more particularly described as follows:
COMMENCING at a 5/8-inch iron rod found for the common southwest comer of said 8.110 acre
tract and the southwesterly comer of that tract of land described in deed to Tarrant County Water
Control and Improvements District, as recorded in Volume 2870, Page 340 of the Deed Records
of Tarrant County, Texas, (D.R.T.C.T.), said corner being on the easterly line of that tract of land
described in deed to Tarrant County Water Control and Improvements District, recorded in
Volume 2287, Page 553, D.R.T.C.T.;
THENCE North 44 degrees 47 minutes 10 seconds East, over and across said 8.110 acre tract,
a distance of 365.47 feet to a point (not monumented) for the POINT OF BEGINNING of the
herein described tract;
THENCE North 40 degrees 50 minutes 41 seconds West, continuing over and across said 8.110
acre tract, a distance of 188.63 feet to a point (not monumented) for the point of beginning of a
non-tangent circular curve to the left, having a radius of 10.00 feet, a chord bearing of North 63
degrees 32 minutes 11 seconds West, a distance of 7.66 feet;
THENCE in a northwesterly direction, continuing over and across said 8.110 acre tract and along
said curve,through a central angle of 45 degrees 01 minutes 41 seconds, an arc distance of 7.86
feet to a point (not monumented)for the end of said curve;
THENCE North 86 degrees 03 minutes 01 seconds West, continuing over and across said 8.110
acre tract, a distance of 6.97 feet to a point(not monumented)for comer;
THENCE North 48 degrees 58 minutes 40 seconds East, continuing over and across said 8.110
acre tract, a distance of 41.86 feet to a point(not monumented)for the beginning of a non-tangent
curve to the left, having a radius of 10.00 feet, a chord bearing of South 03 degrees 58 minutes
40 seconds East, a chord distance of 14.14 feet;
THENCE in a southwesterly direction, continuing over and across said 8.110 acre tract and along
said curve, through a central angle of 90 degrees 00 minutes 00 seconds, an arc distance of
15.71 feet to a point (not monumented)for the end of said curve;
THENCE South 40 degrees 50 minutes 50 seconds East, continuing over and across said 8.110
acre tract, a distance of 190.71 feet to a point (not monumented)for corner:
THENCE South 49 degrees 07 minutes 06 seconds West, a distance of 24.00 feet to the POINT
OF BEGINNING AND CONTAINING 0.1118 acres or 4,870 square feet of land, more or less;
Page 1 of 3
DRAINAGE ACCESS
EASEMENT
OUT OF
TRACT 1
CALLED 8.110 ACRES
IN THE
W.W. WHEAT SURVEY, ABSTRACT NUMBER 1647
CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
The Basis of Bearings is the Texas Coordinate System of 1983, North Central Zone (4202).
This description is accompanied by an exhibit of even date.
Joel C. Howard OF fi
Texas RPLS No. 6267 STE9�;ss
TBPLS Firm No. 10194205 e °
....:..........................:.....
,JOEL C.•HOWARD.,
...p 4.......
•;9 6267 a<'
'''q s s
0
l�H� SU 'r
G9�
Page 2 of 3
NOTES: 0 20' 40' 80'
1. The Basis of Bearing is the Texas Coordinate System of
1983, North Central Zone(4202).
2. This survey was prepared without the benefit of a title V = 40'
commitment. N
3.This exhibit is accompanied by a description of even
date. CURVE DELTA RADIUS AL CB CL
C1 450 01'41" 10.00 L 7.86' N 630 32' 11"W 7.66'
C2 90" 00' 00" 10.00 L 15.71' S 030 58'40" W 14.14'
LINE DIRECTION DISTANCE
L1 N 400 50'41"W 188.63'
L \ L2 N 860 03'01"W 6.97'
\ \ L3 N 48" 58'40" E 41.86'
\ \ I L4 S 400 50' 50" E 190.71'
\ \ I L5 S 49° 07' 06" W 24.00'
LEGEND: \ \
D.R.T.C.T. DEED RECORDS,TARRANT COUNTY,TEXAS \
O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS,TARRANT COUNTY.TEXAS \\ \ !/ DRAINAGE ACCESS
FIR FOUND IRON ROD \\ EASEMENT
CIRF FOUND IRON ROD W1 CAP w. \
DOC. DOCUMENT \ 0.1118 ACRES
PG. PAGE \
SOFT. SQUARE FEET \ \ (4,870 SQ.FT.)
VOL. VOLUME \ PROPOSED
PRIVATE
\ DRAINAGE
\ \ EASEMENT
APPROXfAfA \ \\ 0.0171 ACRES
TE LOCATION (745 SQ.FT.)
N A;AP �►fIEAT \ \
70 ABST. NO SURVEY
-n 1647 \ a�
\ J�• p
POINT OF
Z BEGINNING `,� ��'o�`� o
Q J J� G'
LEGEND BANK, NA C'GQG��1oeG�
� O TRACT I ��`4"
1-- Z DOC. NO. D209332056
O U CV) CALLED 8.110 ACRES
O
� O.P.R.T.C.T. �
oo
DRAINAGE ACCESS
w N EASEMENT
�
w o OUT OF
O o > TRACT 1
z a CALLED 8.110 ACRES
cr IN THE
CP- W.W. WHEAT SURVEY,
ABSTRACT NUMBER 1647
5;•�G CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
POINT OF r' r P. " DATED: 09/15/17 DRAWN BY:JCH
000
COMMENCING GEONAV
SURVEYING-MAPPING-SCANNING
2081 HUTTON DRIVE,SUITE 107:CARROLLTON,TEXAS 75006
SCALE: 1"-40" (972)243-2409 PROJECT •1245
3 of 3 TBPLS FIRM NO. 10194205
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0217167964 MU2017 7:54 AM PGS 5 Fee: $32.00 Submitter. SIMPLIFILE
Electronically Recorded by Tarrant County Clerk in official Public Records �r�r!_• - � � «�v Mary Louise Garcia
(3F# .-
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU A TURAL PERSON,
YOU MAY REMOVE OR STRIKE OUT ANY OR 2 F E FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT S RS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECO E PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR D ENSE NUMBER.
11
SPECIAL W A TY EED
THE STATE OF TEXAS §
§ KLL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
That Riverworth Investor,LLE imited liability company(the"Grantor")for
good and valuable consideration receive a View at Fort Worth,LLC,a Texas limited
liability company(the"Grantee"),the ip sufficiency of which is hereby acknowledged,
has GRANTED, BARGAINED, OL NSFERRED and CONVEYED and by these
presents does hereby GRANT, ELL,TRANSFER and CONVEY unto Grantee all
that certain property located in rt , arrant County,Texas and described as follows:
Lot 1,Block 1,RIVE FTS ADDITION,as addition to the City of Fort
Worth.Tsmat Coon 7tl61, eaaccording to plat filed for record tinder County
Clerk's File No.0217 l Property Records of Tarrant County,Texas(the
"Land")
TOGETHE and singular, (i) all structures, fixtures, buildings and
improvements si nd(if any)(the"Improvements"),(ii)any and all rights,titles,
powers,privileges,ease ,licenses,rights-of-way and interests appurtenant to the Land and
the Improv em d all the right,title and interest of Grantor in and to any strips and gores
adjacent or conn Land, (iii)all rights, titles,powers, privileges, interests, licenses,
easements,and rights-of-way appurtenant or incident to any of the foregoing,including,without
limitation,all utility,water, sewer,drainage, access,mineral and development rights associated
with the Land or the Improvements,and(iv)all of Grantor's right,title and interest in and to all
intangible property used in connection with or pertaining to the Land or the Improvements
including,but not limited to,any name or street address associated therewith,development rights
and entitlements, contract rights, warranties and guaranties relating to the Land or the
Improvements(the Land,Improvements,and all other property,rights,titles,powers,privileges,
easements, licenses, rights-of-way, and interests described above are hereinafter collectively
referred to as the"Property").
Grantor and Grantee have prorated property taxes for the current year. This deed is
executed and delivered subject to property taxes for the current year and subsequent years, the
payment of which Grantee assumes,and the matters set forth on Exhibit"A"attached hereto and
made a pari hereof(the"Permitted Exceptions').
SPECIAL WARRANTY DELD—Page 1
2633542v2
TO HAVE AND TO HOLD the Property, together wi d s lar the rights and
appurtenances thereto in anywise belonging, unto Grantee, G e's ccessors,heirs and
assigns, forever; and Grantor does hereby bind itself and its rs to WARRANT and
FOREVER DEFEND, all and singular, the Property unt d Grantee's successors,
heirs and assigns, against every person whomsoevOthment
l ing or to claim the same or
any part thereof,except as to the Permitted Excepti
The Permitted Exceptions will only affectto the extent that the Permitted
Exceptions are valid and effective as of the date of and the mere reference to the
Permitted Exceptions in this instrument will be deemed to impose,reimpose,or reinstate the
Permitted Exceptions if the Permitted Exception iot valid and effective as of the date of this
instrument.
Executed to be effective as of Ju) _, to be effective duly 21, 2017.
RIVERWORTH INVESTORS,LLC.
a Texas limited liability company
Name: son Haynsworth
Title: Manager
Acktowkdgewent on Wert page
SPECIAL WARRANTY DEED—Page 2
2633542v
J
AClfNOWLEDGMENT
Job"tIM
STATE OF TEXAS § WW pjKr ttut of 1M
IDIM at
COUNTY OF TARRANT $ o0t '
The foregoing instrument was acicnowledgfelfor a this a May of July, 2017,by
Jason Haynsworth, as manager of RIVERWORM IN TORS, LLC, a Texas limited
liability company,on behalf of said limited liability co
N RY PUBLIC,State of Texas ♦�
410
AFTER RECO TURN TO
GRANTEE'S ADD
The View of Fort Worth,LLC
do John K.McWM ma,Jr.,Manager
7979 East Prince Drive,Suite 17
Scottsdale,Arlizoaa 85255
SPCIAL WARRANTEE —Page 3
26]]342v.2
J
Exhibit"A" :z
1. Real estate taxes and assessments by any taxing aunt the year 2017, which are
not yet due and payable.
2. Four 10 foot by 10 foot public open space e g the Northeast side(s)of the
property as shown by plat filed for recbr der tk's File No. D217147861, Real
Property Records,Tarrant County,Texas, show n survey of the land prepared by
J.E. Thompson, Registered Professional eyor No. 4857, of All American
Surveying,Job No.1602.0027-2,dat pnl 13,2017,and last revised lune 29,2017.
3. A 20 foot by 25 foot water easement i Easterly corner of the property along the
Northeast side of the property as s at filed for record under Clerk's File No.
D217147861,Real Property Reeds, County,Texas,and shown on survey of the
land prepared by J.E. Thompson, Professional Land Surveyor No. 4857, of
All American Surveying. Job 27-2, dated April 13, 2017, and last revised
June 29,2017.
4. A variable width electri oughout the subject property,as shown by plat filed
for record under Clerk 217147861,Real Property Records,Tarrant County,
Texas, and shown on the land prepared by J.E. Thompson, Registered
Professional Land Su 857,of All American Surveying,Job No. 1602.0027-2,
dated April 13,20179 1 evised June 29,2017.
5. A 30 foot wide t easement in the most westerly Northwest corner of the
property,as by file or record under Clerk's File No. D217147861, Real Property
Records, T . Texas, and shown on survey of the land prepared by J.E.
Thompson, Re Professional Land Surveyor No. 4857, of All American
Surveyi ob No. .0027-2,dated April 13,2017,and last revised June 29,2017.
6. A variable widt re lane and public access easement throughout the subject property,as
by plat filed for record under Cleric's File No. D217147861, Real Property Records,
Tarrant County, Texas, and shown on survey of the land prepared by J.E.Thompson,
Registered Professional Land Surveyor No. 4857,of All American. Surveying, Job No.
1602.0027-2,dated April 13,2017,and last revised June 29,2017.
7. A variable width drainage easement in the most Easterly Southeast corner of the subject
property, as by plat filed for record under Clerk's File No. D217147861, Real Property
Records, Tarrant County, Texas, and shown on survey of the land prepared by J.E.
Thompson, Registered Professional Land Surveyor No. 4857, of All American
Surveying.Job No. 1602.0027-2,dated April 13,2017,and last revised June 29,2017.
8. A variable width floodplain easement per City File No. FP-17-013-CDC throughout the
subject property, as by plat filed for record tinder Cleric's File No. D217147861, Real
Propgsty Records,Tarrant County,Texas,and shown on survey of the land prepared by
J.E. Thompson, Registered Professional Lend Surveyor No. 4857, of All American
Surveying.Job No. 1602.0027-2,dated April 13,2017,and last revised June 29,2017.
SPCQA f WARRAM DDE, -Psge 4
2633542v,2
9. Easement for right-of-way granted to FORT WORTH P IGHT COMPANY
by instrument recorded in Volume 445, Page 220, or of Tarrant County,
Texas,as affected by Encroachment on Easement fit rd under Clerk's File No.
D217094334,Deed Records of Tarrant County,Te n on survey of the land
prepared by J.E. Thompson, Registered Pmfessi l Surveyor No. 4857, of All
American Surveying, Job No. 1602.0027- 13, 2017, and last revised
June 29,2017.
10. Easement for right-of--way granted to TAR TY WATER CONTROL AND
IMPROVEMENT DISTRICT NO. t b instrum recorded in Volume 2287,Page 550,
Deed Records of Tarrant County,Tex noted on survey of the land prepared by J.E.
Thompson, Registered Professional rveyor No. 4857, of All American
Surveying,Job No. 1602.0027-2,dat ,2017,and last revised June 29,2017.
11. Easement for right-of-way grant* NT COUNTY WATER CONTROL AND
IMPROVEMENT DISTRICT N strument recorded in Volume 2287,Page 553,
Deed Records of Tarrant Coun Tex and noted on survey of the land prepared by J.E.
Thompson, Registered P Surveyor No. 4857, of All American
Surveying,Job No. 1602. April 13,2017,and last revised June 29,2017.
12. Drainage easement and ent reserved by grantors in warranty deed recorded in
Volume 6844,Page 173 ecords of Tarrant County,Texas,and shown on survey
of the land prepared b pson,Registered Professional Land Surveyor No.4857,
of All American Sury g, No. 1602.0027-2,dated April 13,2017,and last revised
June 29,2017.
13. All existing leases, grants,exceptions or reservations of coal, lignite, oil, gas
and other min to cher with all rights,privileges and immunities relating thereto,
appearin in the T t County Public Records that have not expired or are otherwise
void.
SSU&IAL WARRANTY DEED—Page 5
2633542v.2
EXHIBIT B
This exhibit specifies design and maintenance standards for a structural water quality
device (WQ device) located below ground as part of the storm drain network when
installed as a part of a development requiring a Stormwater Facilities Maintenance
Agreement. The requirements below are in addition to all applicable City's iSWM
requirements, City's standard construction plans and specifications, and should be made
part of the Stormwater Facilities Maintenance Agreement obligating the property owner to
maintain the unit as described in the City's iSWM Criteria Manual, Section 5.5. Additional
guidance for WQ devices can be obtained from the NCTCOG iSWM Technical Manual,
Site Development Controls chapter.
1). The WQ device will need to be certified as meeting applicable City or Tarrant Regional
Water District (TRWD)water quality performance specifications and will require approval
by the TRWD. Certifications will be accepted from the Technology Acceptance
Reciprocity Partnership (TARP), Technology Assessment Protocol Ecology (TAPE), or
other third party testing services to the satisfaction of the SWM/TPW City of Fort Worth.
2). The engineer shall provide the City spreadsheets and/or output from specialized
vendor software used to calculate water quality treatment discharges.
3). The engineer shall provide the City electronic CAD (or equivalent) shop drawings of
the WQ device.
4). The lowest depth of BMP invert from ground surface shall be no more than 25 feet.
Deeper units will require prior approval from the City to ensure that the unit is realistically
maintainable by the property owner.
5). Clean out ports and manholes should be designed to allow manual confined space
entry within the unit, and should have a minimum inner diameter manhole opening of 30
inches. Manholes shall be constructed to City's 33 49 10-D412 specification.
6). The WQ device itself plus an additional 10 feet perimeter buffer around the WQ device
shall be shown as permanent private drainage easement. Additional access for
maintenance equipment shall be provided from public Right-of-Way point of entry. WQ
devices requiring vactor trucks must have a 20 feet wide access pathway. The City's
SWM Department should be consulted for easement requirements if other type of
equipment will be used by the property owner to maintain the device.
7). The engineer shall provide special structural designs and sealed report for dimensions
and depths exceeding City's standard specifications as follows:
Box sections exceeding 60";
wall penetrations exceeding 36"for 4' square boxes, 48"for 5' square boxes, and
60"for 6' and above square boxes;
Any part of the BMP exceeding 20' below ground.
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev.12/29/2014
8). Engineer shall provide the Operations & Maintenance manual which includes how the
unit operates, frequency of inspection and removal of captured debris. Forms for required
maintenance from the manufacturer shall be attached to this agreement as Exhibit D.
9). Recommend that the property owner acquire a 2 year warranty on the device.
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev.12/29/2014
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O N O C I I
Exhibit "C"
CITY OF FORT WORTH STORMWATER FACILITY
OPERATION , MAINTENANCE & INSPECTION 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 following the manufacturer recommendations for maintaining the system,
or once every 6 months, whichever is of the shorter duration.Disposal of litter,
sediment, and debris shall be in accordance with federal, state and local
regulations.
PREVENTIVE MAINTENANCE/INSPECTION
• Visual inspections of all components will be conducted at frequency
specified by manufacturer and documented in the manufacturer supplied or
City's inspection form (Exhibit C)
• The inspection form shall document the condition of the Facility's
components, Inspections for each water quality device shall be performed
using the form below, or equivalent from the manufacturer of the device. If
performing inspections using manufacturer's inspection list, attach to
Exhibit C.
Written maintenance and repair records shall be maintained by the party or
parties signing the attached Agreement and shall be provided to the City
annually Inspection forms shall be sent to the following:
Storm Water Division,
Transportation & Public Works Department,
City of Fort Worth
1000 Throckmorton Street,
Fort Worth, TX 76103
STORMWATER FACILITY MAINTENANCE AGREEMENT 1 O
Rev.12/29/2014
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Exhibit "D"
[City Approved Maintenance Specifications from Manfacturer of Water Quality
Device].
STORMWATER FACILITY MAINTENANCE AGREEMENT 12
Rev.12/29/2014
Suntree
Technologies Inc.
798 Clearlake Road, Suite 2, Cocoa, FL 32922
Tel: 321-637-7552 Fax: 321-637-7554
www.suntreetech.com
Nutrient Separating Baffle Box
(PATENTED)
Recommended Service Procedure
Description
The frequency of service should be 1 —4 times per year determined by the
accumulation of sediment and debris in the Nutrient Separating Baffle Box. The
service will include cleaning the screen system, removing collected sediment
from the baffle chambers and inspecting the Storm Boom for replacement in the
skimmer system.
The primary method used to service the Nutrient Separating Baffle Box is by
vacuuming with a Vactor type unit.
Determining Maintenance
When inspecting the Nutrient Separating Baffle Box, look for the following to
determine when maintenance should occur.
1. The stainless steel cage is 75% full of debris.
2. The baffle closest to the inlet is 80% full.
3. The Type 4 Hydrocarbon Boom is fully saturated with contaminates. Visually,
the boom will be black throughout.
Vacuum Servicing
1. Open the hatches or manholes on top of the Baffle Box.
2. Close off the inflow and outflow with dampers, if provided, for a "wet' box.
3. Vacuum the debris and sediment accumulated on the screen system.
4. Swing open the screen system to expose the sediment collection chambers.
5. Vacuum the sediment collected in each of the chambers.
6. Inspect the oil skimmer system Storm Boom for oil accumulation. Change
Storm Boom if significantly contaminated.
7. Swing down the screen system, remove the dampers (if used), and close the
hatches or replace the manhole covers.
For information regarding clean out or purchase of additional storm booms
please call Construction EcoServices at 832.456.1000.
r .Inspection and Maintenance Checklist
Nutrient Separating Baffle Box
(To be completed at time of inspection or maintenance)
Location:
Owner Name:
Address:
Phone:
Date Time Site Conditions
Inspection Items Condition Recommended Interval Comments
1.Access Openings Quarterly
2.Screen System Quarterly
3.Rear Skimmer and Storm Boom Quarterly
4.Sediment Chambers Quarterly
5.Vault Condition Quarterly
1. Inspection items are to determine accessibility into Nutrient Separating Baffle Box.
2. Visually inspect screen system for volume of debris and broken or missing parts.
3. Visually inspect sediment chambers for estimated quantity.
4. Visually inspect general condition of vault for any clogged areas.
Maintenance Approximate Volume Date Comments
Items Collected
1.Screen System
2.Sediment Chambers
1. After opening access vacuum out screen system—estimate volume collected.
2. After cleaning screen system—open bottom doors and vacuum out sediment chambers—estimate volume collected.
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