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HomeMy WebLinkAboutContract 36586-T1 (2)o ° A REVOCATION OF Ch o, STORMWATER FACILITY T, MAINTENANCE AGREEMENT SECRETAR CONTRACT NO, THIS AGREEMENT, made and entered into by and between M & C Development Ltd, 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 6,474 square feet tract located in the Joseph Bowman Survey. Abstract No. 79, Fort Worth, Tarrant County, Texas according to the deed recorded in Instrument No. 3207108594 in the Deed Records, Tarrant County, Texas, hereinafter called the "Property". WHEREAS, the Landowner and City executed a Stormwater Facility Maintenance Agreement ("Agreement") for the drainage facilities anticipated to be constructed during development, and which was filed with the City as City Secretary Contract No. 36586 and which is recorded in Instrument No. D208045005 in the Deed Records, Tarrant County, Texas; and WHEREAS, the Landowner and City wish to revoke said Stormwater Facility Maintenance Agreement because the Agreement is moot by virtue of the November 2011 construction plans prepared by JBI Partners, Inc. (Engineer of Record, Bud Brock TBPE# 102772) for the Marine Creek Ranch — Section 8 development (DOE# 6689, W-2188); therefore, the above referenced Stormwater Facility Maintenance Agreement (Instrument No. D208045005) has been ascertained to be no longer required and/or valid due to the drainage improvements specified and built within the construction plans. Thus, it is in the interest of both parties to revoke the Agreement; and REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL. RECOR® CITY SECRETARY FT. WORTH, TPage of 1 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: l . The Stormwater Facility Maintenance Agreement (City Secretary Contract No. 36586) recorded in Instrument No. D208045005 in the Deed Records, Tarrant County, Texas is hereby revoked, and the obligations of the parties as stated therein are mutually terminated. 2. The parties to this Revocation represent that the foregoing recitals are true, that they possess sufficient interests in the Property to make this Agreement, and that they are legally authorized to execute this agreement. 3. This Agreement shall be recorded among the deed 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. Executed this? /day of 20_ Landowner Print Name Here OFFICIAL RECORD CITY SECRETARI� FT. WORTH, TX �XAs. City of Fort Worth Jesus J. Chapa Assistant City Manager Approved as to Form and Legality ATTEST ty City Attorney FACILITY MAINTENANCE AGREEMENT Page 2 of 2 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on YV Itw I P a4A2 I I by Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on ehalf of the City of Fort Worth. """"' LINDA M. HIRRLINGER �: gPaY.PVB��i Notary Public, State of Texas Comm. Expires 02-02-2018 Notary ID 12414474-6 STATE OF TEXAS § �/ 1..1.Y wrr�- � � • - r � vv stu t� Notary Public, State of Texas COUNTY OF TARRANT § Before me, the undersigned authority APE L 20l) on this L_L day of personally appeared O��(�(i�� Q�al�l 1�V�r'Y1P.r1tS L�� 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 LC , and that he executed the same as its p(C� t C �m- o and as the act of such LLC and for the purposes and consideration expressed in the foregoing instrument. CO-----�R� EY R. PETTIS Notary Public, State of Texas Comm. Expires 03-02�2021 Notary ID 920f123�� Notary Public, Stag �f Texas REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT Page 3 of 3 • •± DRAINAGE CHANNEL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 18th day of October, 2007, by and between M&C Development, Ltd, acting by and through Haydn Cutler, General Partner, 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 6,474 square foot tract located in Joseph Bowman Survey, Abstract No. 79, Fort Worth, Tarrant County, Texas according to the Deed recorded in Instrument No. 3207108594, 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 Marine Creek Ranch, Section 5 & 6, 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 storm water 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 Drainage Facilities be constructed and maintained on a portion of the Property; and; WHEREAS, the City requires that on -site Drainage 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 on the attached Ext ("Facility Property"); and; DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 01 /09/2007 DCMA-6 02-04-08 P12:39 IN � 16\ YEKI 1 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 Drainage 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 Drainage 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 Drainage Channel 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 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. DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev.01/09/2007 DCMA-6 2 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 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 ��rr. iS�CJa' DRAINAGE CHANNEL MAINTENANCE AGREEMENT l`,' ��'`,/� 3 Rev. 01/09/2007 �1 0 DCMA-6 FAILURE OF OWNER OR ANY FUTURE OWNERS OF THE ABOVE FACILITITY PROPERTY TO MAINTAIN THE BED AND BANKS OF THE DRAINAGE CI3ANNEL IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) FLOODING OF THE CI3ANNEL AND ITS BANKS, (2) SLOPE FAILURE OF THE BANK OF THE CHANNEL, AND (3) AND FAILURE OF THE CHANNEL 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 covenants and agrees that no habitable building shall be erected within the drainage channel outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the drainage channel, 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, 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. DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 01f09/2007 DCMA-6 G' Ya ilk LhIN Executed this /b''day of Dc a 20�. Landowner M& C Development, Ltd, A Texas Limited Partnership By: Haydn Cutler, Its General Partner By: Haydn C��r, General Partner City City of Fort Worth C�V,440_� � Mare A. Ott nq Assistant City Manager 0 Approved as to Form and Legality fl . Assistant CRY Attorney DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 01/09/2007 DCMA-6 J ATTEST STATE OF TEXAS § COUNTY OF TARRAN I § This instrument was acknowledged before me on ? / ,A6W by At4 *'?"dD C'aTa� Nfare-, Assistant City Manager of the City of Fort Wort , on ehalf of the City of Fort Worth. HE�f iE LANE MY COMMISSrUN EXPIRES July M. 2011 STATE OF TEXAS § COUNTY OF TARRANT § Notary Public, State of Texas Before me, the undersigned authority on this day of �C b(2r 20.p 7 personally appeared Haydn Cutler, General Partner of M&C Development Ltd., 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 M&C Development, Ltd., and that he executed the same as its General Partner and as the act of such Ltd. Partnership and for the purposes and consideration expressed in the foregoing instrument. r1 Executed this � � � day ofD � • 20 02. YHA""�''`'F�9►'ti� �. SEiVGI.ETON .. i ST�I F OFTEXAS CXAS OF I&JQ . My Conan. Lro. 12-15-2008 DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 01/09/2007 DCMA-6 N)ta'tKPublic, State of EXHIBIT "A" DRAINAGE CHANNEL SHEET 1 OF 2 LEGAL DESCRIPTION BEING all that tract of land in the City of Fort Worth, Tarrant County, Texas, a part of the JOSEPH BOWMAN SURVEY, ABSTRACT No. 79, and being a part of that 964.473 acre tract of land conveyed to HAYCO Realty, Ltd. as recorded in Volume 14192, Page 644, Tarrant County Deed Records, and being further described as follows: COMMENCING at a one—half inch capped iron rod found for corner in the south line of that 59.289 acre tract of land conveyed to M & C Development, Ltd. as recorded in Clerk's Document Number D207108594, Tarrant County Deed Records, from which a one—half inch capped iron rod found bears North 08 degrees 46 minutes 19 seconds West, 42.54 feet; THENCE South 80 degrees 11 minutes 27 seconds East, 12.50 feet to a point for corner and the POINT OF BEGINNING of this tract of land; THENCE South 09 degrees 48 minutes 33 seconds East, 23.65 feet to a point for corner; THENCE Southeasterly, 170.27 feet with a curve to the left having a central angle of 70 degrees 57 minutes 10 seconds, a radius of 137.50 feet, a tangent of 97.99 feet, whose chord bears South 45 degrees 17 minutes 08 seconds East, 159.60 feet to a point for corner; THENCE Southeasterly, 44.63 feet with a curve to the right having a central angle of 15 degrees 44 minutes 15 seconds, a radius of 162.50 feet, a tangent of 22.46 feet, whose chord bears South 72 degrees 53 minutes 35 seconds East, 44.49 feet to a point for corner; THENCE Southeasterly, 30.92 feet with a curve to the right having a central angle of 01 degrees 49 minutes 36 seconds, a radius of 970.00 feet, a tangent of 15.46 feet, whose chord bears South 07 degrees 44 minutes 04 seconds East, 30.92 feet to a point for corner; THENCE Northwesterly, 54.52 feet with a curve to the left having a central angle of 22 degrees 43 minutes 05 seconds, a radius of 137.50 feet, a tangent of 27.62 feet, whose chord bears North 69 degrees 24 minutes 10 seconds West, 54.16 feet to a point for corner; THENCE Northwesterly, 201.23 feet with a curve to the right having a central angle of 70 degrees 57 minutes 10 seconds, a radius of 162.50 feet, a tangent of 115.81 feet, whose chord bears North 45 degrees 17 minutes 08 seconds West, 188.62 feet to a point for corner; THENCE North 09 degrees 48 minutes 33 seconds West, 23.65 feet to a point for corner in the south line of said 59.289 acre tract; THENCE North 80 degrees 11 minutes 27 seconds West, 25.00 feet with the south line of said 59.289 acre tract to the POINT OF BEGINNING and containing 6,474 square feet or 0. 49 acres of land. ..�E. �F.. ,r. 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J th ath Birk -- ' - cdd warficM,ngoWtma IIM LucI,kR dap ,I>165p fCh 718421 STORM SEWER PLAN & -}E; � i < si nrfictd Prirc (F.1cs tan ;, 1 l I / J1od � 0 tJ BM#2-City of fort Worth tIctalvmrk, himuncm#871.4, brass d,x inmnty a r. 140 f » .t tt LINE �D hadx ll on the north side ofCmmwcll-Marine Cmck Ro:4 appmximately t x cst of 0nxaoan-ft burts Rotal.(Elevation-774A4) . .'. 11.t#3-"X"coot m now of ogre,:,nod;.nanftun,hrtddcnfth:mtrtsoujonnf RINE CREEK RANCH, S£CTI0 S Teodac Sbincr Orbdr % idt flufflims Dnvf.(Etnatinn To 737.02•, i f PM #4-"X'e�t on eorcuefl a at the nonhwcet Loom" of the mknoutim / F! of For Worth, Tarrant Co nt Textas ul`ft 7T'a Cmmxell-Marine CmcA RrvJ ultb Fem AfcreJox Dnvr.IF.levation =773.46' N0. REVISIONS DURING CON�I ,' i Exhibit "C" CITY OF FORT WORTH DRAINAGE CHANNEL 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. DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 01/09/2007 DCMA-6 Exhibit "D" Drainage Channel Structural Maintenance CHECKLIST FREQUENT INSPECTION DATE REPAIRS REQUIRED REPAIRS MADE NOTES Mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted MINOR INSPECTION Condition of Channel 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 -Rap Condition of filtration system DRAINAGE CHANNEL MAINTENANCE AGREEMENT 9 Rev. 01/09/2007 DCMA-6 Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev. 01 /09/2007 DCMA-6 6 F r N t$ Z O F t o eA i �9 E6-fp RPip a?S de Zi .e 5e - pa I S i aaaala ae F=�3 s SsP _aa3FFa _ a s S I Gl. �`Odr4i" r — > i r _ _ �zo i exa i i R Page 1 of 2 �� -� City of Forf Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/29/2008 DATE: Tuesday, January 29, 2008 -LOG NAME: 30CR 6DRAINAGE SUBJECT: Approve Correction of M«C C-22529 to Authorize the Maintenance Agreements with M«C Development, Ltd., Bowman Roberts Road (DOE No. 5573) RECOMMENDATION: It is recommended that the City Council: 1. Approve correction of M«C C-22529; and REFERENCE NO.: **C-22644 Execution of Six Located South of Drainage Channel Cromwell, West of 2. Authorize the execution of Six Drainage Channel Maintenance Agreements with M«C Development, Ltd., located South of Cromwell, West of Bowman Roberts Road. DISCUSSION: On November 27, 2007, M«C C-22529 was approved by the City Council to authorizing the execution of Six Drainage Channel Maintenance Agreements; however the County Clerk's Document Numbers were incorrectly listed. The correct County Clerk's Document Numbers are as follows: Grantor Type Legal Descr_ption M«C Development, Ltd. DCMA Portion of the Joseph Bowman Survey, Abstract No 79 - County Clerk Document D207108594 M«C Development, Ltd. DCMA Portion of the Joseph Bowman Survey, Abstract No. 89 Portion of Alexander Albright Survey, Abstract 1849 County Clerk Document D207108594 DCMA-4 M«C Development, Ltd. DCMA Portion of the Joseph Bowman Survey, Abstract No 79 County Clerk Document D207108594 DCMA-5 M«C Development, Ltd. DCMA Portion of the Joseph Bowman Survey, Abstract No 79 Square Footage 981 Square Feet 160,690 Square Feet 7,169 Square Feet 6,474-Sq�ar��Fe®t- -�_ �'d �� � � _ •y ,'��� f ^•� �V J U i� �:'L-1 ���z ��.ru7 ,� ;; = ",, http://www.fortworthgov. org/council�acket/Reports/mc�rint. asp Page 2 of 2 County Clerk Document D207108594 DCMA-6 The property is located in COUNCIL DISTRICT 7, Mapsco 46H. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material impact on City funds. TO Fund/Account/Centers Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Marc A. Ott (8476) A. Douglas Rademaker (6157) Jill Griffin (6253) http://www.fortworthgov. org/council�acket/Reports/mc�rint. asp 1/3 0/2008