HomeMy WebLinkAboutContract 51915 CITY SECRETARY
i.O RACT N0. 5 101 15
CITY PROJECT # 101076
Cottages at Hutson Oaks
RETAINING WALL
MAINTENANCE AGREEMENT
A0 tq
THIS AGREEMENT, made and entered into this Jday of tb ', by
and between Bloomfield Homes LP, acting by and through Donald J. Dykstra, President
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 16.325 acres tract located in the Francisco Cuella Survey, Abstract No.
266, Fort Worth, Tarrant County, Texas according to the Special Warranty Deed recorded
in document D217271805, 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 Cottages at Hutson Oaks,
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
�ECE42p
FEB j1rMUAL RECURD
G1T(��FART WORTHRETAINING
07 WALL MAINTENANCE AGREEMENT CITY SECRETARY
Rev.
ctiN s�cF Ta.. FT, WORTH,TX
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 tli:.Ist day of Rbm 2019.
Landowner City
City of Fort Worth
Name: Donald J.Dy tra V Jesus J. Chapa
Assistant City Manager
Title : President, Bloomfield Homes, LP
Approved as to Form and Legality
Donald J.Dykstra,President
Bloomfield Properties,Inc.
General Partner
Assistant City Attorney
? T
ATTEST
City'secretaW V U x
OFFICIAL RECORD
CITY SECRETARY
RETAINING WALL MAINTENANCE AGREEMENT
Rev.4/2007 FT. WORTH,TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on 4&442209by
Jesus J. Chapa,Assistant City Manager of the City of Fort Worth, on b alf of the Rty of
Fort Worth.
MARIA S.SANCHEZ Not ry Public, Sta a of Texas
• My Notary ID#2256490
<*'' Expires December 19,2021
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day personally appeared
Don al d
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 instrument.
Notary Public tate of Texas
MORGAN HAMMONTREE
Notary Public, State of Texas
•9 +��� Comm. Expires 08-25-2022
oF `.�`� Notary ID 12993231-3
OFFICIAL RECORD
CITY SECRETARY]
FT. WORTH TX
RETAINING WALL MAINTENANCE AGREEMENT
Rev.4/2007
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 r
Management Analyst II
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
I, aNd
4�
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
FIELD NOTES to that certain tract situated in the Francisco
Cuella Survey, Abstract No. 266, City of Fort Worth, Tarrant Sux`ea
County, Texas, said tract being a replat of Lot 2, Block 1 of the
Slough DVM Addition, according to the plat recorded in Cabinet A, Slide 11737,
Plat Records, Tarrant County, Texas; together with a 4.872 acre tract of land
described in a warranty deed to Ronald N. Lewandowski and William L. Rogers
recorded in document D215260962, Official Public Records, Tarrant County,
Texas, a 3.980 acre tract of land described in a warranty deed to Brickstone
Development, L.P. recorded in document D217016994, Official Public Records,
Tarrant County, Texas, and a 4.168 acre tract of land described in a warranty
deed to Ronald N. Lewandowski and William L. Rogers recorded in document
D215260920, Official Public Records, Tarrant County, Texas and situated in the
Francisco Cuella Survey, Abstract No. 266, Tarrant County, Fort worth, Texas; the
subject tract being more particularly described as follows:
BEGINNING at a Mag nail with a metal washer stamped "JPH Land Surveying"
drilled into a hinged utility vault located at the most easterly
northeast corner of the tract described in the deed to Ronald N.
Lewandowski and William L. Rogers, recorded under Instrument
Number D215260920, Official Public Records, Tarrant County,
Texas;
THENCE SOUTH 00 degrees 04 minutes 19 seconds EAST, with the west
line of the tracts described in the deeds to the City of Fort Worth,
recorded under Instrument Numbers D210259112 and D210259109,
each of the Official Public Records of Tarrant County, Texas, a
distance of 345.85 feet to a 5/8 inch rebar with cap stamped
"GORRONDONA & ASSOC" found at the southwest corner of said
City of Fort Worth (Inst. D210259109) tract;
THENCE SOUTH 89 degrees 48 minutes 22 seconds WEST, with the north
line of the tract described in the deed to Tree House Family, LLP,
recorded under Instrument Number D207244639, Official Public
Records, Tarrant County, Texas, a distance of 336.68 feet to a 1/2
inch rebar with cap stamped "ARTHUR SURVEYING COMPANY"
found at the northwest corner of said Tree House Family, LLP tract;
THENCE SOUTH 00 degrees 08 minutes 43 seconds EAST, with the west
line of the Tree House Family, LLP tract, a distance of 240.00 feet to
RETAINING WALL MAINTENANCE AGREEMENT 6
Rev.4/2007
a 1/2 inch capped rebar stamped "JPH Land Surveying" set at the
southwest corner of the Tree House Family, LLP tract;
THENCE NORTH 89 degrees 48 minutes 22 seconds EAST, with the south
line of the Tree House Family, LLP tract, a distance of 2.80 feet to a
1/2 inch capped rebar stamped "JPH Land Surveying" set at the
northeast corner of Lot 2, Block 1, Slough DVM Addition, recorded in
Cabinet A, Slide 11737, Plat Records, Tarrant County, Texas;
THENCE SOUTH 00 degrees 11 minutes 38 seconds EAST, with the east line
of said Lot 2, a distance of 199.41 feet to a 1/2 inch capped rebar
stamped "JPH Land Surveying" set at the southeast corner of Lot 2;
THENCE SOUTH 89 degrees 45 minutes 44 seconds WEST, with the south
line of Lot 2, a distance of 726.46 feet to the southwest corner of Lot
2, from which a 1/2 inch rebar found bears SOUTH 00 degrees 03
minutes 10 seconds WEST, a distance of 84.20 feet, also from
which a 1/2 inch rebar found bears South, a distance of 400.00 feet,
also from which a 1/2 inch capped rebar stamped "CBG
SURVEYING" found bears SOUTH 32 degrees 56 minutes EAST, a
distance of 0.55 feet, and from which a 3/8 inch rebar found bears
SOUTH 81 degrees 02 minutes WEST, a distance of 6.53 feet;
THENCE NORTH 00 degrees 03 minutes 10 seconds EAST, with the west
line of Lot 2 and the west line of the tract described in the deed to
David Edward Hall and Phyllis Ann Hall, recorded in Volume 7340,
Page 71, Deed Records, Tarrant County, Texas, a distance of
439.97 feet to a metal fence post found at the northwest corner of
said Hall tract;
THENCE NORTH 00 degrees 11 minutes 47 seconds WEST, with the west
line of the tracts described in the deeds to Ronald N. Lewandowski
and William L. Rogers, recorded under Instrument Numbers
D215260962 and said D215260920, each of the Official Public
Records of Tarrant County, Texas, a distance of 375.80 feet to a 1/2
inch rebar found at the northwest corner of said Lewandowski and
Rogers (Inst. D215260920) tract;
THENCE NORTH 89 degrees 48 minutes 13 seconds EAST, with the north
line of the Lewandowski and Rogers tract, a distance of 884.43 feet
to a 1/2 inch capped rebar stamped "JPH Land Surveying" set at the
most northerly northeast corner of the Lewandowski and Rogers
tract;
RETAINING WALL MAINTENANCE AGREEMENT 7
Rev.4/2007
THENCE SOUTH 00 degrees 08 minutes 45 seconds EAST, with the most
northerly east line of the Lewandowski and Rogers tract, a distance
of 30.00 feet to a 1/2 inch capped rebar stamped "JPH Land
Surveying" set at a reentrant corner of the Lewandowski and Rogers
tract;
THENCE NORTH 89 degrees 48 minutes 13 seconds EAST, with the most
easterly north line of the Lewandowski and Rogers tract, a distance
of 175.00 feet, returning to the POINT OF BEGINNING and
enclosing 16.325 acres (±711,123 square feet).
Basis of Bearings
The Texas Coordinate System of 1983, North Central Zone (by GPS observation).
RETAINING WALL MAINTENANCE AGREEMENT
Rev.4/2007
10"
PROPERTY LINE
6' 8' TAMPED
7UPSOIL
3/4 CHAMFER ,. l
3 ,
#µ BAR O 12' O.G.
BAR O 24 06&--
2'
C.2' CLEAR TYP. �•r;. i(�
i
2 T SCH.�0 PVC
WEEP HOLES O i
f0'-0' O.C. r (:
FREE GALE NG
SIDEWALK C SS SLOPE 1w v p,`i CONTNUOUS LENGTH
pppp # OF RETAINING WALL
2X MIAX G iN 'I, t
------------
-#3 BARS O 1B'
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COWPACTED
SUBGRADE 1O 1r
4• Eolc DENsrrY it 1'—B' V WIN.
EXHIBIT B
........................ .
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EXHIBIT "
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Page 1 of 2
FIELD NOTES to that certain tract situated in the Francisco Cuella Survey,Abstract �4�^
No. 266, City of Fort Worth, Tarrant County, Texas, said tract being a portion the V e�
tract described in the deed to Bloomfield Homes,L.P.,a Texas limited partnership as S U V
recorded under Instrument Number D217271805 of the Official Public Records of Tarrant County, Texas
(O.P.R.T.C.T.);the subject tract is more particularly described as follows(bearings are based on Grid North per
the Texas Coordinate System of 1983,North Central Zone):
COMMENCING at a 5/8 inch capped rebar stamped "Gorrondona&Assoc" found on the west right of way of
Alta Vista Road(Instrument Number D210259109, O.P.R.T.C.T.), at the most easterly southeast corner of the
said Bloomfield Homes, L.P. tract, from which a 1/2 inch capped rebar stamped "Arthur Surveying Company"
found at a reentrant corner of the Bloomfield Homes,L.P.tract bears SOUTH 89 degrees 48 minutes 22 seconds
WEST,a distance of 336.68 feet;THENCE NORTH 89 degrees 48 minutes 22 seconds EAST,with a south line
of the Bloomfield Homes,L.P.tract,a distance of 1.68 feet;THENCE NORTH 00 degrees 11 minutes 38 seconds
WEST,through the interior of the Bloomfield Homes tract,a distance of 0.33 feet to the POINT OFBEGINNING;
THENCE continuing through the interior of the Bloomfield Homes tract,the following calls:
1. SOUTH 89 degrees 48 minutes 22 seconds WEST,a distance of 6.75 feet;
2. NORTH 75 degrees 11 minutes 38 seconds WEST,a distance of 1.93 feet;
3. SOUTH 89 degrees 48 minutes 22 seconds WEST,a distance of 329.34 feet;
4. SOUTH 74 degrees 48 minutes 22 seconds WEST,a distance of 1.93 feet;
5. SOUTH 89 degrees 48 minutes 22 seconds WEST,a distance of 0.75 feet;
6. NORTH 00 degrees 11 minutes 38 seconds WEST,a distance of 0.67feet;
7. NORTH 89 degrees 48 minutes 22 seconds EAST,a distance of 0.66 feet;
8. NORTH 74 degrees 48 minutes 22 seconds EAST,a distance of 1.93 feet;
9. NORTH 89 degrees 48 minutes 22 seconds EAST,a distance of 329.51 feet;
10. SOUTH 75 degrees 11 minutes 38 seconds EAST,a distance of 1.93 feet;
11. NORTH 89 degrees 48 minutes 22 seconds EAST,a distance of 6.66 feet;
12. SOUTH 00 degrees 11 minutes 38 seconds EAST,a distance of 0.67 feet returning to the POINT OF
BEGINNING and enclosing 227 square feet.
OF
Jewel Chadd ��
Registered Professional •••.^•• •••• ......•••
Land Surveyor No.5754 ....t..... CH
jewelna_jphls.com 754 . :
January 15,2019
Job No.2015.009.008 Alta Vista-Retaining Wall Agreement tip SURv�
Dallas-Fort Worth Austin Abilene
785 Lonesome Dove Trail 1516 E.Palm Valley Blvd.,Ste.A4 500 Chestnut Street,Suite 702
Hurst,Texas 76054 Round Rock,Texas 78664 Abilene,Texas 79602
(817)431-4971 (512)778-5688 (325)672-7420
Firm#10019500 Firm#10194073 Firm#10193867
W W W.JPHLANDSURVEYING.COM
ver
EXHIBIT
PAGE 2 OF 2
Line Data TableABSTRACT NO.266 o
Line# Bearing Distance
BLOOMFIELD HOMES,L.P.,
A TEXAS LIMITED PARTNERSHIP O
Ll N89°48'22"E 1.68' INST.#D217271805 w Q a
L2 N00°11'38"W 0.33' O.P.R.T.C.T. o O
L3 S89°48'22"W 6.75' 227 SQUARE FEET o v
L4 N75°11'38"W 1.93' L9 L10 L11 L12 L13 L24
°� DETAIL
L5 S89°48'22"W 329.34' L6 LS S89048'22"W 336.68' L4 L3
L7 z P.O.B. o P.O.C.
L6 S74°48'22"W 1.93' L10 Its
c
L7 S89°48'22"W 0.75' I z Q
o
L8 N00°11'38"W 0.67' w TREE HOUSE FAMILY,LLP. ( Q
a INST.#D207244639 3
L9 N89°48'22"E 0.66' O.P.R.T.C.T. k,
O
L10 N74°48'22"E 1.93' m COOH
L11 N89°48'22"E 329.51'
L12 S75°11'38"E 1.93' o
L13 N89°48'22"E 6.66'
L14 S00°11'38"E 0.67' DETAIL
(NOT TO SCALE)
MONUMENTS/BEARING BASIS N.O.B.
CRS p 1/2"rebar stamped"JPH Land Surveying" set L2
MNS p Mag nail&washer stamped"JPH Land Surveying" set LI P.O.C.
Monuments are found if not marred MNS or CRS. sis°RasAR^OORRONDONA&ASSOC'
Bearings are based on Grid North,Texas Coordinate
System of 1983,North Central Zone
CSF TEli ,
LEGEND OF ABBREVIATIONS ��•`'.;�(F.RE
P.R.T.C.T. Plat Records of Tarrant County,Texas ��'�a 1•,
O.P.R.T.C.T. Official Public Records of Tarrant County,Texas �f
D.R.T.C.T. Deed Records of Tarrant County,Texas "•d•� �.•
POB/POC Point of Beginning/Point of Commencing /y
••�•• � �•®mob
La
Nd •.�p g,
Q�. MD S
/ Jewel Chadd
_ Registered Professional Land Surveyor No.5754
/ 0 10' jewel@jphls.com
January 15,2019
.o
,eel EXHIBIT SHOWING
Scale: 1"= 10'
JPH Job No. 227 SQUARE FEET
rO
5.009.008 Alta Vista-Retaining Wall Agreement.dwg SITUATED IN THE
2019 JPH Land Surveying,Inc.-All Rights Reserved FRANCISCO CUELLA SURVEY
785 Lonesome Dove Trail,Hurst,Texas 76054
Telephone(817)431-4971 www.jphlandsurveying.com ABSTRACT NO. 266
TBPLS Firm#10019500#10194073 #10193867 CITY OF FORT WORTH,
DFW Austin Abilene TARRANT COUNTY,TEXAS
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