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STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of YLta ,
by and between Hunter Crossroads, LP, a Texas limited partnership, acting by
and through Hunter Crossroads GP, LLC, 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 1.301 acre tract located in the M.E.P. & P.R.R. Co. Survey, Abstract No.
1131, Tarrant County, Texas according to the deed recorded in Document No.
D207294400, 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 Hunter Crossroads Addition,
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
WHEREAS, the City requires that on-site Stormwater Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRET) V.
Rev.11/17/2016 �T VdORTHi
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.
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
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/17/2016
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
oblip,ation 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2016
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.
[SIGNATURE PAGE FOLLOWS]
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.11/17/2016
Executed this 101 day of T-ebmw-j_2011.
Landowner City of Fort Worth
Hunter Crossroads, LP
a Texas limited partnership
By: Hunter Crossroads GP, LLC,
a Texas limited liability company By: � �`'"
A'1—
its general partner Jesus J. Chapa
Assistant City Manager
By: Approved as to Form and Legality
Scott ohrman, Vice Presi nt
1111r- I
Assistant City A orney
� V
ATTEST :�f � ' •G�
121,1
Ci ecr to '
„
AS
EFT. WORT]
STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on J;;�- /Z-, by
Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the C ty of
Fort Worth.
MARIA----- SANCHEZ v
*:
My Notary ID#2256490 Not Public, State of Texas
"''F;o'►'zE`•"' Expires December 19,2021
STATE OF TEXAS §
COUNTY OF DALLAS §
Beivre me, the undersigned ned authority on this 1 A�` day of
20\�, personally appeared Scott Rohrman, 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 Hunter Crossroads, LP, and that he executed the same as
the Vice President of Hunter Crossroads GP, LLC, its General Partner and as the act of
such limited partnership and for the purposes and consideration expressed in the foregoing
instrument.
JOHN HILL
Notary PUbllC, State of Tex<�,.> Notary 1 , State Of Texas
A'•. �,:NE Comm. 04-15-2019
OFNotary ID 130141228
EOFF110ALRECORD
ETARYSTORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016
Contract Compliance Manager
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Ashraf Ibrahim
Management Analyst II
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT "A"
FACILITY LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.11/17/2016
EXHIBIT "A"
"Storm Water Detention Facility"
Being 0.179 of an acre of land situated in the M.E.P. & P. R.R. Co. Survey, Abstract
No. 1131, City of Fort Worth, Tarrant County, Texas and being a portion of that certain
remainder tract of land described in deed as Tract II to Hunter Crossroads, LP, as filed
in County Clerk's No. (C.C.) #D207294400, Deed Records of Tarrant County, Texas
(D.R.T.C.T.) and being more particularly described by metes and bounds as follows:
COMMENCING at an "X" cut set in concrete at the east corner of Lot 11, also being
the north corner of Lot 12 of Block 1, Vista Crossroads Addition, an addition to the
City of Fort Worth, Tarrant County, Texas, as filed in C.C. 4D216114341, Plat Records
of Tarrant County, Texas (P.R.T.C.T.) and being in a southwest line of said Tract II
reminder tract, from which an "X" cut set in concrete in the northeast line of said Lot
11, also being in a southwest line of said Tract II reminder tract, bears N 53'04'17" W,
a distance of 172.45 feet;
THENCE N 53004'17" W, along the northeast line of said Lot 11, and along a
southwest line of said Tract II reminder tract, a distance of 45.25 feet to the proposed
south corner of Lot 13, Block 1;
THENCE over and across said Tract II reminder tract, the following courses and
distances;
N 75004'23" E, along the proposed south line of said Lot 13, a distance of 38.85
feet to a 1/2 inch iron rod set with cap stamped "TNP INC ESMT" (hereinafter
all 1/2 inch iron rods set are marked the same) for the POINT OF
BEGINNING of the hereinafter described tract of land;
N 53°04'01" W, a distance of 19.96 feet to a 1/2 inch iron rod set;
N 36°55'59"E, a distance of 25.83 feet to a 1/2 inch iron rod set;
N 53°04'01" W, a distance of 24.24 feet to a 1/2 inch iron rod set at the
beginning of a curve to the right whose radius is 4.50 feet, and whose long
chord bears N 11'00'11" E, a distance of 8.09 feet;
Along said curve in a northeasterly direction through a central angle of
128008'24", an arc length of 10.06 feet to a 1/2 inch iron rod set at the end of
said curve;
Sheet Iof 3
HTR 16060
N 75°04'23" E, a distance of 121.10 feet to a 1/2 inch iron rod set at the
beginning of a curve to the right whose radius is 14.50 feet, and whose long
chord bears S 59°55'37" E, a distance of 20.51 feet;
Along said curve in a southeasterly direction through a central angle of
90°00'00", an arc length of 22.78 feet to a 1/2 inch iron rod set at the end of said
curve;
f
S 14°55'37" E, a distance of 33.50 feet to a 1/2 inch iron rod set at the
beginning of a curve to the right whose radius is 14.50 feet, and whose long
chord bears S 06°52'28" W, a distance of 10.77 feet;
Along said curve in a southwesterly direction through a central angle of
43'36'10", an arc length of 11.03 feet to a 1/2 inch iron rod set at the end of said
curve in the proposed south line of said Lot 13;
S 75°04'23" W, along the proposed south line of said Lot 13, a distance of
128.16 feet to the POINT OF BEGINNING and containing 7,782 square feet
or 0.179 of an acre of land.
OF
e December 11,2018 ••THERON W.SIMS
Theron W. Sims, R.P. •"s o••'•••"•'•'••••";;' ".
Texas Registration No. ,�
Z �No5880+.
,e9•.,•E S Ste,..• Q
Surveyed on the ground, December 11, 2018 SURv�'�°
1. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983
(North Central Zone; NAD83(CORS96) as derived locally from Western Data Systems Continuously
Operating Reference Stations (CORS) via Real Time Kinematic (RTK) methods. An average
Combination Factor of 1.00012 was used to scale grid coordinates and distances to surface.
2. Integral parts of this survey:
a. Legal Description&Sketch
b. Sketch
Sheet 2 of 3
HTR 16060
NOTES.-
Line
OTES:Line # Direction Length 1) Bearings of lines shown hereon refer to Grid North of the
Texas Coordinate System of 1983(North Central Zone;NAD83
L1
N75 423E 38.85' I �� e: 12/11/2018 (2011) Epoch 2010) as derived locally from Western Data
—� Systems Continuously Operating Reference Stations (CORS)
L2 N53'04'01"W 19.96' AERON W. SIMS, via Real Time Kinematic (RTK) methods. An average
TEXAS REGISTRATIO 5887 Combination Factor of 1.00012 was used to scale grid
L3 N36'55.59"E 25.83' coordinates and distances to surface.
Surveyed on the ground
L4 N53'04'01"W 24.24' December 1 1, 20gr 2)All easement corners shown hereon marked with 1/2 inch
L5 N75'04'23"E 121.10'
iron rods set with cap stamped 'TNP INC ESMT'.
L6 S 14'55'37"E 33.50' L ••..F••.TF 3)Integral parts of this survey:
Q;•�t 5 7 Eq'.+ a.Legal Description
L7 N75'04'23"E 16.50' �� F� N b.Sketch
L8 S75'04'23'W 128.16' THERON.W SIMS
.... ........ ......•.ti..
A 5887 '
LOT 1, BLK. 1 �9 '••S S S%-
o�
VISTA CROSSROADS ADDITION ti0 SUR\'
INST. fD212287516 '
P.R.TC.T. Curve # Length Radius Delta Chord Bearing Chord
'' C1 10.06' 4.50' 128"08'24" N11'00'11"E 8.09'
C2 22.78' 14.50' 90'00'00" S59'55'37"E 20.51'
C3 11.03' 14.50' 43'36'10" S06'52'28"W 10.77'
o
P• R•R 1131
LOT 10, BLK. 1 . ,.... ... ..:�:... .
VISTA CROSSROADS &, j� 0.
ADDITION • �• �, r('� 11�, _.. ..
13
INST. 10215282838 1
P.R.T.C.T.
\ HUNTER CROSSROADS, LP
INST. 1ID207294400 c
D.R.T.C.T.
/ (TRACT
.r.:::.::.:.............................................
,.........::::......:::.....::::::.:.
Y, cur IN {
i►: ....-...::-.::.::::::.:.::::.::::::.::.::.: J
CONC. SET ^A�':
(CONTROL MON.) \'1'53, U`..::-::::::::::.:::.:- STORM WATER
St• .::.:DETENTION FACILITY.:: :; ::;
r[, TJ•. ': :.::`.:::::::::::::::;t (0.179 Ac.) ;U \-7.
F 7� :::::::::•::: : �i
�,
=017 Lg
4.y
VISTA CROSSROADS ADDITION cTo N�504 23
INST. 1ID216114341
P.R.TC.T• c�nL_ P.O.B.
xl��_�
N53'04'1 7"W
EXHIBIT "A"
P.O.C. 45.25'
STORM WATER CO CUT T \
CONC. SET
DETENTION FACILITY (CONTROL MON.)/
LOT 12, BLK. 1 �
Situated in the M.E.P & P. R.R. Co. Survey, Abstract No. VISTA CROSSROADS ADDITIONINST. #D2161 14341 SCALE 1"=50'
1131,City of Fort Worth,Tarrant County,Texas.
P.R.T.C.T.
teague nail & perkins
5237 N. Riverside Drive,Suite 100
tnp Fort Worth,Texas 76137
817.336.5773 ph 817.332.7756 Fx
JOB No. HTR 16060 www.tnpinc.corn/Registration No. 100116-00 SHEET 3 OF 3
L:\PROJECTS\HTR 16060\cad\survey\Easements\Storm Water Facillty.dwg
EXHIBIT "B"
DESIGN SPECIFICATIONS
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev.11/17/2016
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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 9
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
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 10
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 11
Rev.11/17/2016