HomeMy WebLinkAboutContract 51581 r, t 7 Q
-� CITY SECRETARY
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CONTRACT N0.
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of Novemba 01,K,
a_01g, by and between All Storage Blue Mound, Ltd, acting by and through Mark
McDowell, 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 13.3 acre tract located in the W. Redfield Survey, Abstract A-1348,
Tarrant County, Texas according to the deed recorded in Instrument Numbers
D215030014, D215030611 and D215030619 of the 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 All Storage Facility, 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 within the confines
of the Property; and
WHEREAS, the City and the Landowner, and their successors and assigns, agree
that the health, safety and welfare of the residents of the City of Fort Worth, Texas require
that on-site Stormwater Management Facilities be constructed and maintained on a portion
of the Property; and
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH ITX
Rev.11/17/2016
WHEREAS, the City requires that on-site Stormwater Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
Landowner, its successors and assigns,the location and dimensions of which is shown and
more particularly described by metes and bounds in the attached Exhibit "A" ("Facility
Property"); and
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 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, its successors and assigns, shall inspect the Facility and
submit an inspection report to the City annually. The purpose of the inspection
is to assure safe and proper functioning of the Facility. The inspection shall
cover the entire Facility, berms, outlet structure, pond areas, access roads, etc.
Components of the Facility, which need maintenance or replacement to
perform their design function, shall be noted in the inspection report along with
the corrective actions to be taken.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
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 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, 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2016
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 LANDOWNER OR ANY FUTURE OWNERS OF THE
ABOVE 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
TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS
HEREUNDER.
7. 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 drainage. Landowner covenants and agrees that no
habitable building shall be erected on the above property abutting such
easement which shall have a finished floor at an elevation less than two feet
above the maximum depth of water in the detention pond which would occur
during a 100 year frequency flood.
8. This Agreement shall be recorded among the land records of Tarrant County,
Texas, 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.11/17/2016
[SIGNATURE PAGE FOLLOWS]
Executed this th day of N OVW bV 20 1
Landowner City of Fort Worth
All Storage Blue V'�ound, Ltd.
A Teifitrtnership
By: Blue Mound GP, Inc.
ner
U4
Mark Mj6owell Jesus J. Chapa
Vice President Assistant City Manager
Approved as to Form and Legality
Assistant City At orney
�C fOR7,Gy ATTEST
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OFFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY
Rev.11/17/2016 FT. WORM,TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on,, (O , by
Jesus J. Chapa, Assistant City Manager of the City of Fort A orth, on behalf of the City of
Fort Worth.
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STATE OF OKLAHOMA §
COUNTY OF CANADIAN §
Before me, the undersigned authority on this 23d day of October, 2018,
personally appeared Mark McDowell, 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
All Storage Blue Mound GP, Inc. as General Partner of All Storage Blue Mound , Ltd,
and that he executed the same as its Vice President and as the act of such Land Owner
and for the purposes and consideration expressed in the foregoing instrument.
map
'5N27o, Notary Public, State �
(,01,FXP.03/23/19
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OFFICIAL RECORD
CITY SECRETARYyCRETAR
STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WQRTH,TX
Rev.11/17/2016 V
Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performan e and eporting requirements.
Ashraf Ibrahim
Management Analyst II
OFFICIO L RECORD
CITY SECRETARY
FT WORTH, TX
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.11/17/2016
PRIVATE DRAINAGE EASEMENT
W. REDFIELD SURVEY, A-1348
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS.
BEING 38,572.40 square feet of that certain lot, tract or parcel of land situated in the W.
REDFIELD SURVEY, A-1348, City of Fort Worth, Tarrant County, Texas, and being part of that same
tract of land described in Special Warranty Deed to All Storage Blue Mound, Ltd., a Texas limited
partnership, recorded in Instrument Number D215030611 of the Deed Records of Tarrant County,
Texas, and said tract being more particularly described as follows:
COMMENCING at a 5/8 iron rod found at the the present intersection of the west R.O.W. line of
Blue Mound Road (F.M. 156 — a variable width R.O.W.) with the south R.O.W. line of E. Bonds
Ranch Road (County Road 4005 — a variable width R.O.W.); THENCE S 00'05'11" W, 523.21' along
the west line of Blue Mound Road to a 5/8" iron rod found at the northeast corner of that some
tract of land described in deed to Donny R. and Leslie Y. Lyons, recorded in Volume 14468, Page
102 of the Deed Records of Tarrant County, Texas; THENCE N 89'12'57" W, 403.02' along the north
line of said Lyons property to a 10" tree in the east line of the aforementioned All Storage Blue
Mound, Ltd. property, THENCE S 00'20'42" W, 416.91' along the west line of said Lyons property
and the east line of said All Storage Blue Mound, Ltd. property to a 5/8" iron rod found in the
north line of that same tract of land described in deed to James F. Digby, Jr. et ux, and Jeri Lea
Digby, recorded in Volume 13607, Page 270 of the Deed Records of Tarrant County, Texas, and the
south line of said All Storage Blue Mound, Ltd. property, THENCE N 89'35'35" W, 303.00' along the
north line of said Digby property and the south line of said All Storage Blue Mound, Ltd. property
to the POINT OF BEGINNING;
THENCE N 89'35'35" W, 102.76' continuing along the north line of said Digby property and the
south line of said All Storage Blue Mound, Ltd. property to a 5/8" iron rod found at the
southwest corner of said All Storage Blue Mound, Ltd. property,
THENCE N 00'32'51" E, 401.21' along the the southernmost west line of said All Storage Blue
Mound, Ltd. property to a point for corner;
THENCE, departing said west line, S 89'27'09" E, 18.98' to a point for corner at the beginning of a
non—tangent curve to the left having a central angle of 71'51'10" and a radius of 55.00' (Chord
Bearing S 58'43'10" E, 64.54');
THENCE in a southeasterly direction around said curve, a distance of 68.97' to a point for corner
at the beginning of a reverse curve to the right having a central angle of 95'01'11" and a radius
of 25.00' (Chord Bearing S 47'08'10" E, 36.87');
THENCE in a southeasterly direction around said curve, a distance of 41.46' to a point for corner;
THENCE S 00'22'26" W, 343.16' to the POINT OF BEGINNING and containing 38,572.40 square feet
or 0.8855 acres of land.
09/05/18
Scott Davis, Registered Professional Land Surveyor No. 5111
�E ,OF T EXHIBIT A
1 OF 5
....SCOTT DAVIS�••• BASIS OF BEARINGS IS WGS84.
PAGE 1 OF 2
.......................
A 5111 v
DA V15 LAUD SURVEYING CO., INC. DATE: 09/05/18
�•��.OFESS�o�:?�o� 9777 FERG'USON ROAD, SU/TE 105 °®=�C9�°111et
qN���SIJR`I�y DALLAS, TEXAS 75228 214-321-0569 JOB NO. 14101 H
FIRM REG, NO. 10009600
PRIVATE DRAINAGE EASEMENT LEGEND
W. REDFIELD SURVEY, A-1348
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS. R.O.W. ..... RIGHT—OF—WAY
D.R.T.C.T. ..... DEED RECORDS,
TARRANT COUNTY, TEXAS
INST. ..... INSTRUMENT
NO. ..... NUMBER
FD. ..... FOUND
E. BONDS RANCH ROAD I.R. ..... IRON ROD
(COUNTY ROAD 4005 — A VAR/ABLE WIDTH R.O.W)
COMMENCING PO/NT
N89J7a4" W — 765.70' FD. 58" I.R.
FD. 5/8' I.R. Lo
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I
W. REDFIELD SURVEY, A % 1348
JPO t
FD. 1/2" I.R. FD. 1/2' I.R.
J8.7 t drn_ 41
LINE TABLE __ } o
LINE LENGTH BEARING 2�� 1w
Lt 102.76' N 89'35'35" W 2)n v v k 1(�`
L2 401.21' N 00'32'51" E mod N 897257" W — 40302' �+
L3 18.98' S 89'27'09" E Z o I
L3 L4 343.16' S 00'22'26" W F
cn 10" TREE FD. 5/8" I.R.
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Yz_ ALL STORAGE BLUE MOUND, LTD. ti� 0 F. T
o INST. NO. 0215030611 D.R.T.C.T. `P��G ST6; ..+ O
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SCOTT DAVIS
0 5111
aQ2&N/NG PO/NT Cq'�D
FD. 5/e" I.R. L1 N 89:35:35" W — .70.T 0O' S 89'35'35" E — 404.88'
N 89:J5:Y5" W — 405.77' FD. 5/8' I.R.
CURVE TABLE JAMES F. DIGBY, JR. ET UX, JERI LEA�DIGBY
IBIT A
CURVEI DELTA I RADIUS LENGTH CHORD CHORD DIRECTION VOL. 13607, PG. 270 D.R.T.C.T. 2 OF 5
Cl 71'51'10" 1 55.00' 68.97' 1 64.54' S 58'43'10" E
C2 95'01'11" 1 25.00' 41.46' 1 36.87' S 47'08'10" E
BASIS OF BEARINGS IS WGS84. PAGE 2 OF 2
0 100 200
�-
014 VIS LAMS SURVEY/NG CO., INC. DATE: 09/05/18
GRAPHIC SCALE 1" � 100' 9777 FERGUSON ROAD, SU/TE 105 arm mh wobao r
DALLAS, TEXAS 75228 214-321-0569 JOB NO. 14101H
FIRM REG. NO. 10009600
PRIVATE DRAINAGE EASEMENT
W. REDFIELD SURVEY, A-1348
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS.
BEING 38,006.35 square feet of that certain lot, tract or parcel of land situated in the W.
REDFIELD SURVEY, A-1348, City of Fort Worth, Tarrant County, Texas, and being parts of
those same tracts of land described in Special Warranty Deeds to All Storage Blue Mound, Ltd.,
a Texas limited partnership, recorded in Instrument Numbers D215030014, D215030611 and
D215030619 of the Deed Records of Tarrant County, Texas, and said tract being more
particularly described as follows:
COMMENCING at a 5/8 iron rod found at the the present intersection of the west R.O.W. line
of Blue Mound Road (F.M. 156 — a variable width R.O.W.) with the south R.O.W. line of E.
Bonds Ranch Road (County Road 4005 — a variable width R.O.W.); THENCE S 00'05'11" W.
482.31' along the west line of Blue Mound Road to a point; THENCE N 89'54'00" W, 348.60'
over and across said All Storage Blue Mound, Ltd. property (Instrument Number D215030014)
to the POINT OF BEGINNING;
THENCE N 89'54'00" W, 75.00' to a point for corner;
THENCE N 00'13'44" E. 188.63' to a point for corner;
THENCE N 89'37'34" W, 243.30' to a point for corner;
THENCE N 00'13'44" E, 75.00' to a point for corner;
THENCE S 89'37'34" E, 318.30' to a point for corner;
THENCE S 00"13'44" W, 263.27' to the POINT OF BEGINNING and containing 38,006.35 square
feet or 0.8725 acres of land.
-f
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- -- 09/05/18
Scott Davis, Registered Professional Land Surveyor No. 5111
OF��T
.......................
SCOTT DAVIS
.......................
PO
ESS �. •�
XHIBIT A
3OF5
BASIS OF BEARINGS IS WGS84. PAGE 1 OF 2
DAVIS LAND SURVEY/NG CO., INC. DATE: 09/05/18
9777 FERGUSON ROAD, SU/TE 105 °ftWOsbco°b°lnet
DALLAS, TEXAS 75228 214—.321-0569 JOB NO. 14101H-1
FIRM REG. NO. 10009600
PRIVATE DRAINAGE EASEMENT LEGEND
W. REDFIELD SURVEY, A-1348
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS. R.O.W. ..... RIGHT-OF-WAY
D.R.T.C.T. ..... DEED RECORDS,
TARRANT COUNTY, TEXAS
INST. ..... INSTRUMENT
NO. ..... NUMBER
FD. ..... FOUND
I.R. ..... IRON ROD
E. BONDS RANCH ROAD
COUNTY ROAD 4005 — A VAR/ABLE WIDTH R.O.W)
commoVC/NG PONT
N 89:37,34" W - 765.70' FD. 5/8' I.R.
OA
moo ry W. REDFIELD SURVEY, A-1348
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O/ ALL STORAGE BLUE MOUND, LTD.
O PRIVATE DRAINAGE EASEMENT "\
r Ln �38,0006.35 SQ. FT.OR
0.8725 ACRES INST. N0. D215030014
OO I- /_L /_L I M D.R.T.C.T.
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Li ro a�9EG/NN/NG PO/NT
ALL STORAGE BLUE MOUND, LTD. u a C
INST. NO. D215030611 M_
D.R.T.C.T. O O
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N 895400'W- .J4860'
N 84'S4'0
0 100 20015.00'
10 TREE N 897257" W — 4OJ02P
GRAPHIC SCALE 1" = 100' m
DONNY R. & LESLIE Y. LYONS O
OF T VOL. 14468, PG. 102
D.R.T.C.T. EXH IT A
4 F 5
..:.................:.•
SCOTT DAVIS
.. ... BASIS OF BEARINGS IS WGS84. PAGE 2 OF 2
Fss 1 DA VIS LAND SUR VEYINC COI INC. DATE: 09/05/1 a
�SURVFy 9777 FERGUSON ROAD, SU/TE 105 dt9��e�c�bacnat
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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.11/17/2016
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
pond
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.11/17/2016
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.11/17/2016