HomeMy WebLinkAboutContract 35645 Detention Pond No 1 CITY SECRETARY
Terrace Landing
CONTRACT NO.
STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of March 30, 2007, by and
between D.R. Horton-Texas, Ltd., acting by an through its Authorized Agent, D.R
Horton, Inc, acting by and through Don E. Allen, Assistant Secretary, hereinafter
referred to as "Landowner", the Terrace Landing Owners Association, hereinafter
referred to as "Association" 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 1.618 acre tract located in the A.F. Albright Survey, Abstract 1849,
Tarrant County, Texas according to the deed recorded in Instrument No. D206014290,
Deed 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 Terrace Landing, Phase 1
hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be
approved by the City and the Landowner and Association provides for management of
storm water within the confines of the Property; and
WHEREAS, the City and the Landowner and Association, 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 Storm Water Management Facilities be constructed and
maintained on a portion of the Property; and
WHEREAS, the City requires that on-site Storm Water Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
Landowner, its successors and assigns, including Association, the location and dimensions
of which is shown on the attached Exhibit"A" ("Facility Property"); and
STORM WATER FACILITY MAINTENANCE AGREEMENT 1
Rev-01/0020.07__ ________
Detention Pond No 1
Terrace Landing
Landowner, its successors and assigns, including Association, the location and dimensions
of which is shown on the attached Exhibit"A" ("Facility Property"); and
WHEREAS, Landowner agrees to convey the Facility Property to the Association
and the Association agrees to accept the Property where the Storm Water Facility is
located.
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 and Association, its successors and assigns, shall adequately
construct and maintain the on-site Storm Water 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 Storm Water Facility includes all pipes, channels or other conveyances
built to convey storm water to the facility, as well as all structures,
improvements, and vegetation provided to control the quantity and quality of
the storm water. Adequate maintenance is herein defined as good working
condition so that these facilities are performing their design functions. The
Storm Water 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 and Association, 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 Facilities, berms, outlet structure, pond areas,
access roads, etc. Components of the Facility, which need maintenance or
STORM WATER FACILITY MAINTENANCE AGREEMENT 2
_ -Rev 01/09//2007 - --- - - - - -- - ---
Detention Pond No 1
Terrace Landing
replacement to perform their design function, shall be noted in the inspection
report along with the corrective actions to be taken.
3. The Landowner and Association, 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 and the Association, 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 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 Landowners.
5. The Landowner and the Association, 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 or the Association. 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.
STORM WATER FACILITY MAINTENANCE AGREEMENT 3
___Rev.01[09!l200.7 - — - --- ----
Detention Pond No 1
Terrace Landing
6. ' This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AND ASSOCIATION AGREES TO HOLD THE CITY
HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY
FAILS TO OPERATE PROPERLY. LANDOWNER AND
ASSOCIATION 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 BED AND BANKS OF THE DETENTION POND IN
ACCORDANCE HEREWITH, OR AS A RESULT OF ANY DAMAGES
CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF
THE POND AND ITS BANKS, (2) SLOPE FAILURE OF THE BANK
OF THE POND, AND (3) AND FAILURE OF THE POND AND ITS
BANK TO OPERATE IN A MANNER CONSISTENT WITH CITY OF
FORT WORTH CRITERIA TO PERFORM ANY OF ITS DUTIES OR
OBLIGATIONS HEREUNDER.
7. Landowner and Association 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 and
Association 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, 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. a
STORM WATER FACILITY MAINTENANCE AGREEMENT 4
--Rev-011091/2007 -
Detention Pond No 1
Terrace Landing
9. ' Notwithstanding anything to the contrary contained or implied elsewhere
herein, it is expressly agreed and understood that the liabilities, indemnities and
obligations of D.R. Horton-Texas, Ltd. as Landowner hereunder shall expire
and be of no further force or effect upon the transfer ("Transfer") by D.R.
Horton-Texas, Ltd. to the Association of legal title to the Facility Property,
save and except for any liabilities, indemnities and obligations of D.R.
Horton-Texas, Ltd. as Landowner hereunder which have accrued and are due,
payable and/or performable as of the date of the Transfer and which shall
expressly survive the Transfer.
Executed this 304�b day of"'140 2007.
Landowner City
D.R. Horton-Texas, Ltd. City of Fort Worth
By: D.R. rton, Inc-Authorized Agent
U
ame: Don E Allen Marc AlOtt
Title: Assistant Secretary Assistant City Manager
Approved as to Form and Legality
-Terrace Lancl�t�� Owners �SSoc?a��oh
' \ '
x A A XX AssistarA City Attorney °
President
ATTEST
�NN /tA a-4--LA
City Secretary
24-Q l`-� d
Contra t A thorizatIOR
Date
STORM WATER FACILITY MAINTENANCE AGREEMENT 5
-- - - Rev_01/09//2007
Detention Pond No 1
Terrace Landing
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on ep by
Marc A. Ott, Assistant City Manager of the City of Fort Wort on behalf of the City of
Fort Worth.
I�w.
July''} R, s
"f PF' Otar
HETTIE LANE
MY COMMISSION EXPIRES
STATE OF TEXAS § '^ Q;'` jury 2s,2011
COUNTY OF TARRANT §
Before me, the undersigned authority on this day 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
p bto � 'LLt-jt} , and that he executed the same as its
F�554 ST-Lnxq'L! and as the act of such �nd for the purposes and
consideration e pressed in the foregoing instrument.
o`iPRY �o' JUDY M. SNEDEKER
Notary Public,State of Texas
.E My Commission Expires N t ry Put-SR—ate of Texas
February 20,2008
MONO 1000-W
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on%040v\3D,'I®D`1 by,
1)b t� F,, ` a Fo authorized representative, acting on behalf of the
VA4 W,,,a-i, Vil e Pafks u,......,.,.__.fters Association.
V VV 11lJ1J
TerrAce Ltin�►r^q OwAer5
``'W1 P�0�4� JUDY M. SNEDEKER
�. Notary Public,State of Texas <• x
My Commission Expires Not Pub a e of Texa
It February 20,2008
STORM WATER FACILITY MAINTENANCE AGREEMENT 6
_Rev._01109/12007 ___
EXHIBIT "A"
FIELD NOTES
Detention Pond No. 1
1.618 Acres
Terrace Landing Phase 1 & Phase 2
BEING a tract of land situated in the A.F. Albright Survey, Abstract No. 1849,
City of Fort Worth, Tarrant County, Texas, and being part of that tract of land
described as Tract I in a Deed to D.R. Horton-Texas, Ltd., as recorded in
Instrument No. D206014290 of the Deed Records of Tarrant County, Texas and
being more particularly described as follows:
BEGINNING at a point for corner in the North line of said Tract I, said point being
North 78 degrees 35 minutes 03 seconds West for a distance of 45.02 feet from
a Y2" iron rod found at the Northeast corner of said Tract I;
THENCE South 29 degrees 06 minutes 33 seconds East, departing the North
line of said Tract I, for a distance of 562.00 feet to a point for corner;
THENCE South 16 degrees 06 minutes 25 seconds West for a distance of 27.97
feet to a point for corner;
THENCE South 61 degrees 20 minutes 23 seconds West for a distance of 73.33
feet to a point for corner at the beginning of a curve to the right;
THENCE in a Southwesterly direction, along said curve to the right having a
central angle of 03 degrees 31 minutes 19 seconds, a radius of 260.00 feet, a
chord bearing of South 63 degrees 06 minutes 02 seconds West, a chord
distance of 15.98 feet and an arc length of 15.98 feet to a point for corner at the
beginning of a curve to the right;
THENCE in a Northwesterly direction, along said curve to the right having a
central angle of 100 degrees 08 minutes 27 seconds, a radius of 20.00 feet, a
chord bearing of North 65 degrees 04 minutes 05 seconds West, a chord
distance of 30.67 feet and an arc length of 34.96 feet to a point for corner;
THENCE North 14 degrees 59 minutes 51 seconds West for a distance of 23.71
feet to a point for corner at the beginning of a curve to the left;
THENCE in a Northwesterly direction, along said curve to the left having a
central angle of 13 degrees 39 minutes 46 seconds, a radius of 1825.00 feet, a
chord bearing of North 21 degrees 49 minutes 44 seconds West, a chord
distance of 434.16 feet and an are length of 435.19 feet to a point for corner;
Page 1 of 4
P ASdsksurv\2004051\doc\4051 Legal-D etentionPond l.doc
THENCE North 28 degrees 39 minutes 37 seconds West for a distance of 56.34
feet to a point for corner at the beginning of a curve to the right;
THENCE in a Northerly direction, along said curve to the right having a central
angle of 31 degrees 00 minutes 10 seconds, a radius of 20.00 feet, a chord
bearing of North 13 degrees 09 minutes 32 seconds West, a chord distance of
10.69 feet and an arc length of 10.82 feet to a point for corner at the beginning of
a curve to the left;
THENCE in a Northwesterly direction, along said curve to the left having a
central angle of 123 degrees 12 minutes 50 seconds, a radius of 50.00 feet, a
chord bearing of North 59 degrees 15 minutes 53 seconds West, a chord
distance of 87.97 feet and an arc length of 107.52 feet to a point for corner at the
beginning of a curve to the right;
THENCE in a Southwesterly direction, along said curve to the right having a
central angle of 31 degrees 00 minutes 10 seconds, a radius of 20.00 feet, a
chord bearing of South 74 degrees 37 minutes 47 seconds West, a chord
distance of 10.69 feet and an arc length of 10.82 feet to a point for corner;
THENCE North 89 degrees 52 minutes 08 seconds West for a distance of 240.19
feet to a point for corner at the beginning of a curve to the right;
THENCE in a Northwesterly direction, along said curve to the right having a
central angle of 90 degrees 00 minutes 00 seconds, a radius of 20.00 feet, a
chord bearing of North 44 degrees 52 minutes 08 seconds West, a chord
distance of 28.28 feet and an arc length of 31.42 feet to a point for corner;
THENCE North 00 degrees 07 minutes 52 seconds East for a distance of 76.96
feet to a point in the North line of said Tract I;
THENCE South 77 degrees 45 minutes 03 seconds East along the North line of
said Tract I, for a distance of 42.68 feet to a Y2" iron rod found for corner;
THENCE South 78 degrees 35 minutes 03 seconds East, continuing along the
North line of said Tract I, for a distance of 348.88 feet to the POINT OF
BEGINNING, and containing 1.618 acres of land, more or less.
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Page 2 of 4
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EXHIBIT "A"
DETENTION POND NO. 1
1.618 ACRES
TERRACE LANDING, PHASE 1 & PHASE 2
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NOTES:
USA PROF�n
SERVICES GRP, INC,
1) BEARINGS ARE BASED ON THE NORTHEASTERLY LINE CIVIL ENGIINEE SON SURVEYORS —AL PLANNERS
o OF MARINE CREEK PARKWAY, AS DESCRIBED IN
LANDSCAPE ARCHITECTS
o INSTRUMENT NO. D205112195, OFFICIAL PUBLIC 1525 VICEROY
�_Nl RECORDS OF TARRANT COUNTY, TEXAS. DALLAS, TX 75235
Z 2) THIS EXHIBIT WAS PREPARED WITHOUT THE BENEFIT (214) 634-3300 FAX (214) 634-3338
OF A CURRENT TITLE COMMITMENT. Poge 3 of 4 JANUARY 2007 2004051
-o
cn
a
EXHIBIT "A"
DETENTION POND NO. 1
1,618 ACRES
TERRACE LANDING, PHASE 1 & PHASE 2
MARWE CREE PAR E( ERO OF Q
0
K OF 3 o
VOL, 71431,TEXAS'
293T VENTURE z -°
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fT 348"88. Q
27 2g 7 W OF F
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PAWPAW RIDGE DRIVE 240.19ml
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13 1 1 16 17 1 19 z ���
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BLOCK B 7-
LINE TABLE
LINE BEARING LENGTH
J L1 S16'06'25"W 27.97
L2 N14.59'51"W 23.71
IL Q L3 N28'39'37"W 56.34
o L4 N00.0.7*52"E 76.96
0 31 30 29 28 27 26 25 L5 S77'45'03"E 42.68
CURVE TABLE
CURVE LENGTH RADIUS DELTA ANGLE CHORD DIRECTION CHORD LENGTH
IR I Cl 15.98 260.00 3'31'19" S63.06'02"W 15,98
C2 34.96 20.00 100.08'27" N65.04'05"W 30,67
C3 10.82 20.00 31'00'10" N13.09'32"W 10.69
N GOODLAND TERRACE C5 1082 20.00 131roo o" siaai'47"W 80.69
c`1 C6 31.42 20.00 90.00'00" N44.52'08"W 28.28
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NOTES:
�`51
1) BEARINGS ARE BASED ON THE NORTHEASTERLY LINE USA PROFESSIONAL SERVICES GROUP, INC.
� CIVIL ENGINEERS - SURVEYORS - PLANNERS
v OF MARINE CREEK PARKWAY, AS DESCRIBED IN LANDSCAPE ARCHITECTS
ClINSTRUMENT NO. D205112195, OFFICIAL PUBLIC 1525 VICEROY
c3 RECORDS OF TARRANT COUNTY, TEXAS. DALLAS. TX 75235
ZL 2) THIS EXHIBIT WAS PREPARED WITHOUT THE BENEFIT (214) 634-3300 FAX (214) 634-3338
Y OF A CURRENT TITLE COMMITMENT. Page 4 of 4 JANUARY 2007 2004051
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Detention Pond No 1
Terrace Landing
Exhibit "C"
CITY OF FORT WORTH STORM WATER 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.
STORM WATER FACILITY MAINTENANCE AGREEMENT 8
Rev.01/09//2007
Detention Pond No 1
Terrace Landing
Exhibit "D"
Storm Water 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 Storm
Water Quality
Structure
Type of Storm
Water Quality
Structure
Structure type and
Condition
Condition of Rip-
STORM WATER FACILITY MAINTENANCE AGREEMENT 9
Rev_0 110 91/2 0 0 7
Detention Pond No 1
Terrace Landing
Rap
Condition of
filtration system
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORM WATER FACILITY MAINTENANCE AGREEMENT 1 O
Rev.01/09//2007
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