HomeMy WebLinkAboutContract 36079 (2) CITY SECRETAR'�
CONTRACT NO. _..
STORM WATER FACILITY MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of
�� d W_7` by and and between CL Texas, L.P., a Texas Limited
Partnership, acting by and through its general partner CL Texas I GP, L.L.C., hereinafter
referred to as "Landowner", the Summer Creek Ranch Homeowners 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 9.85 acre tract located in the Antonio Castillo Survey, Abstract 272,
Tarrant County, Texas according to the deed recorded in Volume 16835, Page 316, 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 Summer Creek Ranch Section XII,
Phase B 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 Vac City of Fort
Worth, Texas require that on-site Storm Water Management Facilities be constructed and
maintained on 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; and
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WHERE S, the Facility shall be located on the Property; and
WHEREAS, Landowner agrees to convey the 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
maintain the on-site Storm Water Management Facility("Facility") at no expense
to the Cit of Fort Worth in accordance with the design specifications for the
Facility an the current standards then in force and effect in the City of Fort
Worth and it the Operations and Maintenance Plan attached to this Agreement
as Exhibit "B". 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
"C", are to be used to establish what good working condition is acceptable to the
City.
2. The Lando er 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 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 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.
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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 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. 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 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.
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AND ASSOCIATION AGREE TO HOLD THE CITY
HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY
FAILS TO OPERATE PROPERLY. LANDOWNER AND ASSOCIATION
COVENANT AND AGREE AND DO 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 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) 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 covenant and agree 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
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drainage easement, which do not impede drainage. Landowner and Association
covenant and agree 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, 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.
9. Notwithstanding anything to the contrary contained or implied elsewhere herein,
it is expressly agreed and understood that the liabilities, indemnities and
obligations of CL Texas L.P. ("CL Texas") as Landowner hereunder shall expire
and be of no further force or effect upon the transfer("Transfer") by CL Texas to
the Association of legal title to the Property, save and except for any liabilities,
indemnities and obligations of CL Texas 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-"[�,- day oAPFLAU005.
Landowner City
CL Texas, L.P., a Texas Limited Partnership, City of Fort Worth
By: CL Texas I GP,L.L.C.,
its general partner
10
By r
Gary kQAbw arc A. Ott
Vice President Assistant City Manager
Summer Creek Ranch Homeowners Association Approved as to Form and Legality
By:
ary Mc Assistant 6ty Attorney
President
=51 2 ATTEST
Contriact huthorizatioaf-Y\
( City Secretary
Date
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STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on by
6.j_1 ' Assistant City Manager of the City of Fort ort , on behalf of the City
);Fi,af Fort Worth.R�7i-xq
�1,.nnr P,
ELANE
......... MY COMMISSION EXPIRE`
426,2011
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF D T LAS §
Before me the undersigned authority on this day personally appeared Gary
McAtee, Vice President of CL Texas I GP, L.L.C, a general partner of CL Texas LP, a
Texas Limited Partnership, 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 CL Texas
LP, a Texas Limited Partnership, and that he executed the same as its General Partner and
as the act of such limited partnership and for the purposes and consideration expressed in
the foregoing instruument.
nC, S a iI�DIN
sI! h
t <,� KARE�d .,,�
* * Notary Public, State of Texas
My Commission Expires
N��TBOF4��P 02.01.2010 Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on Ll to 1 Ob by Gary
McAtee, authorized representative, acting on behalf o the Summer Creek Ranch
Homeowner Association.
n KAREN K. NORMANDIN �
* Notary Public, State of Texas Notary Public, State of Texas
My Commission Expires
9rFOF O 02-01.2010
5
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SUMMER CREEK RANCH
PROPOSED DETENTION BASIN DESCRIPTION
Being a 9.848 acre tract of land situated in the Antonio Castillo Survey, Abstract. No.
272, City of Fort Worth, Tarrant County, Texas and being a portion of that certain Tract
2 as described by deed to CL Texas, L.P. according to the deed recorded in Volume
16835, Page 316, Deed Records, Tarrant County, Texas and being more particularly
described as follows:
COMMENCING at-the southwest corner of that certain Lot 60, Block 32, Summer Creek
Ranch, an addition to the City of Fort Worth according to the plat recorded in Cabinet A,
Slide 9102, Plat Records, Tarrant County, Texas and being on the proposed northerly
right-of-way line of McPherson Boulevard, a proposed 120 foot wide right-of-way;
Thence South 00027'38" West, at right angles and perpendicular to the southerly line of
said Block 32, a distance of 120.00 feet to a point on the proposed southerly right-of-
way line of said McPherson Boulevard;
Thence North 8903222" West, with said southerly right-of-way line, a distance of 17.70
feet to the POINT OFl BEGINNING of the tract herein described;
Thence South 00026'46" West, a distance of 147.98 feet to the beginning of a non-
tangent curve to the left having a radius of 50.00 feet and long-chord bearing South
61°50'50"East, 99.96 feet;
Thence along said curve in a southeasterly direction, through a central angle of
176°52'14", an arc distance of 154.35 feet;
Thence South 13021'24" East, a distance of 117.58 feet;
Thence North 75°16'01" East, a distance of 71.02 feet;
Thence South 89032'22" East, a distance of 340.32 feet;
Thence South 11017'22"West, a distance of 151.41 feet;
Thence South 15025'42" East, a distance of 146.90 feet;
Thence South 20°50'36" West, a distance of 159.03 feet;
Thence South 34044'04" East, a distance of 172.45 feet;
Thence South 89032'22" East, a distance of 341.67 feet;
12B-Detention Basin R.doc -
Thence South 00010'29" East, a distance of 371.84 feet;
Thence South 89°42'42"West, a distance of 390.56 feet;
Thence North 000'17'18"West, a distance of 160.80 feet;
Thence North 16021'55"West, a distance of 151.85 feet;
Thence North 38022'24"West, a distance of 689.96 feet;
Thence South 51°37'36"West, a distance of 115.00 feet;
Thence North 3802224" West, a distance of 143.93 feet to the beginning of a curve to
the right having a radius of 475.00 feet and long-chord bearing North 1805723" West,
315.82 feet;
Thence along said curve in a northwesterly direction, through a central angle of
38050'02", an arc distance of 321.94 feet;
Thence North 00027'38" East, a distance of 65.48 feet;
Thence South 89032'22" East, a distance of 226.99 feet to the POINT OF BEGINNING
and containing a computed area of 9.848 acres of land.
12&Detention Basin R.doc
EXHIBIT "A" ss s2
TR T 2 SHEET 1 OF 1 s� s,
CL TEXA L.P. V E s8
168 , SAGE 16 .o s9 ,° S°
D.R. C.Ts•?s •o E C E R C A9
T.
1k
17 vN N ��16� 9 4�4 A s2 s
m `� Q
N CA �4 06` Y
6;o. C
40,
Z 115,00. %
9 S5137'35■w
E` Pt}
�0 � co k PG 76 QG
Q�LLJ
0 LINE TABLE
3
s �' .11 �1 LINE BEARING DISTANC
511.�5 L1 S13'21'24"E 117.58' Q
O L2 N75'16'01"E 71.02'
Y > ery L3 N00'27'38"E 65.48'
` L4 S00'27'38"W 120.00'
L5 S8932'22"E 1 17.70'
RAC 2�� �� 6
1 3 CL AS, P. OLU1 o,
�� 16 P A 1 �0
&9 D. C.T. �?
�IQ N �j CURVE TABLE
6�
CHORD GY
CURVE LENGTH DELTA RADIUS I BEARING CHORD Q cNi
6) C1 154.36 176-52.14" 0.00' I S61-50'50"E 99.96' QY
C2 321.94' 38'50'02" 4 .00' N18'57'23"W 315.8 a
It, 66 h43o• S� �, G PHIC SCALE
0
u 6� ^fpg" �� 2 0 100 200 0
o 6
f st `S
60� o �. 16 (IN FEET)
o , 1 inch = 200 ft.
a c76
, , EXHIBIT SHOWING
cP 9.848 ACRES o
J ��` J ?• �� ANTONIO CASTILLO SURVEY, ABSTRACT NO. 272 N
6��ys'Sy ?� CITY OF FORT WORTH, TARRANT COUNTY, TEXAS i
SURVCON INC. N
4�, G goy PROFESSIONAL SURVEYORS
-P 1200 SUMMIT AVENUE, SUITE 600
FORT WORTH, TEXAS 76102 (817) 698-6770
U
SCALE: 1" = 200' JOB t. 7170040 0
i
SI DATE: DECEMBER 2005 F.B. NSA `o
C DRAWN BY: R.D.J. CAD DATE: DECEMBER 2005 N
s CHECKED BY: R.K.S. CAD FILE: 7170213 DETPOND EXR.DWG
Exhibit "B"
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.
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Exhibit "C"
Storm Water Structural Maintenance CHECKLIST
FREQUENT REPAIRS REPAIRS
INSPECTION DATE REQUIRED MADE NOTES
Mowing
Remove Trash , d
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 Rap
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Condition of
filtration system_
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
i
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Page 1 of 2
City of Fort Worth, Texas
6
Mayor and Council Communication
COUNCIL ACTION: Approved on 7/10/2007
DATE: Tuesday, July 10, 2007
LOG NAME: 30SUMMER CREEK REFERENCE NO.: **C-22236
SUBJECT:
Authorize the Acceptance of a Storm Water Facility Maintenance Agreement from CL Texas, L.P., a
Texas Limited Partnership, Acting By and Through its General Partner, CL Texas I GP, L.L.C., and
the Summer Creek Ranch 'Homeowners Association for Property Located West of Old Cleburne
Road and South of McPherson Boulevard in Far South Fort Worth (DOE 4447)
RECOMMENDATION:
It is recommended that the City Council approve the acceptance of a Storm Water Facility Maintenance
Agreement (SWMA) from CL Texas, L.P., a Texas Limited Partnership, acting by and through its general
partner, CL Texas I GP, L.L.C., and the Summer Creek Ranch Homeowners Association for property
located west of Old Cleburne Road and south of McPherson Boulevard in far south Fort Worth.
DISCUSSION:
The maintenance agreement is necessary to assure proper maintenance of a storm water facility by the
owner, CL Texas, L.P., a Texas Limited Partnership, acting by and through its general partner, CL Texas I
GP, L.L.C., and the Summer Creek Ranch Homeowners Association. The City of Fort Worth will not pay
any expenses for the maintenance of this facility. The facility is a retention pond provided as an amenity to
this proposed community and is the collection point of several storm and drain outfalls in the
subdivision. The facility is more particularly described as:
Grantor Type Legal Description Acreage
CL Texas, L.P. SVNA Portion of Trace 2, 9.85
Antonio Castillo Survey,
Abstract No. 272,
Volume 16835, Page 316,
Tarrant County, Texas
The facility is located in COUNCIL DISTRICT 6, Mapsco 103X.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Marc A. Ott (8476)
littp://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/13/2007
Page 2 of 2
Originating Department He d: A. Douglas Rademaker (6157)
Additional Information Co ct: Mark Thigpen (8366)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 7/13/2007
CITY
SECETAR
-79
CON R CT NO Y
STORM WATER FACILITY MAINTENA AGREEMENT
THIS AGREEMENT, Cadeanden ed > to this day of
b CL Texas, P., a Texas Limited
Partnership, acting by and through its general partner CL Texas I GP, L.L.C., hereinafter
referred to as "Landowner", the Summer Creek Ranch Homeowners 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 9.55 acre tract located in the Antonio Castillo Survey, Abstract 272,
Tarrant County, Texas according to the deed recorded in Volume 16835, Page 316, 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 Summer Creek Ranch Section XII,
Phase B 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 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; and FT;
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I
WHEREA , the Facility shall be located on the Property; and
i
WHEREA , Landowner agrees to convey the Property to the Association and the
Association agree 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
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 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 `B". 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
"C", 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 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 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.
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I
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 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
oblieation is Landowner's.
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.
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AND ASSOCIATION AGREE TO HOLD THE CITY
HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY
FAILS TO OPERATE PROPERLY. LANDOWNER AND ASSOCIATION
COVENANT AND AGREE AND DO 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 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) 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 covenant and agree 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
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drainage easement, which do not impede drainage. Landowner and Association
covenant and agree 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, 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.
9. Notwithstanding anything to the contrary contained or implied elsewhere herein,
it is expressly agreed and understood that the liabilities, indemnities and
obligations of CL Texas L.P. ("CL Texas") as Landowner hereunder shall expire
and be of no further force or effect upon the transfer ("Transfer")by CL Texas to
the Association of legal title to the Property, save and except for any liabilities,
indemnities and obligations of CL Texas 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' day oi?P12005.
Landowner City
CL Texas, L.P., a Texas Limited Partnership, City of Fort Worth
By: CL Texas I GP, L.L.C.,
its general partner
By,
Gary e 6Marc A. Ott
Vice President Assistant City Manager
Summer Creek Ranch Homeowners Association Approved as to Form and Legality
By:
ary Mc Assistant eity Attorney
President
� r)�� ATTEST
Contract Authorization
Date City Secreta
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MAdsTumbermen\Summer\Phase XII\Phase B\DOC S\Detention Pond Maintenance Agree ments\D etention Pond M
Agreement.doc
J���I7 Ip?rG, 5�I7,
U 1� JiSV��lli/^`!I
STATE OF TEXAS §
COUNTY OFT RRANT §
This instrument was acknowledged before me on �_ by
Assistant City Manager of the City of Fort o , on behalf of the City
of Fort Wort rt.
MY c NE-ME LANE
JUISSpN EXPIRE'
2011
Notary Public, State of Texas
I
STATE OF TEXAS §
COUNTY OF DALLAS §
Before me, the undersigned authority on this day personally appeared Gary
McAtee, Vice President of CL Texas I GP, L.L.C, a general partner of CL Texas LP, a
Texas Limited Partnership, 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 CL Texas
LP, a Texas Limited Partnership, and that he executed the same as its General Partner and
as the act of such limited partnership and for the purposes and consideration expressed in
the foregoing instrument.
Notary PuSiic, State of Texas
My Commission Expires
T�TBof;'(F'*P 02-01.2010 Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on LO C)6 by Gary
McAtee, authorized representative, acting on behalf of the Summer Creek Ranch
Homeowner Association.
A<, KAREN K. NORMANDIN �
* * Notary Public, State of Texas My Commission Expires Notary Public, State of Texas
�T P .
"TE o 02-01-2010
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SUMMER CREEK RANCH
PROPOSED DETENTION BASIN DESCRIPTION
Being a 9.848 acre tract of land situated in the Antonio Castillo Survey, Abstract. No.
272, City of Fort Worth, Tarrant County, Texas and being a portion of that certain Tract
2 as described by deed to CL Texas, L.P. according to the deed recorded in Volume
16835, Page 316, Deed Records, Tarrant County, Texas and being more particularly
described as follows:
COMMENCING at the southwest corner of that certain Lot 60, Block 32, Summer Creek
Ranch, an addition to the City of Fort Worth according to the plat recorded in Cabinet A,
Slide 9102, Plat Records, Tarrant County, Texas and being on the proposed northerly
right-of-way line of McPherson Boulevard, a proposed 120 foot wide right-of-way;
Thence South 00027'38" West, at right angles and perpendicular to the southerly line of
said Block 32, a distance of 120.00 feet to a point on the proposed southerly right-of-
way line of said McPherson Boulevard;
Thence North 89032'22" West, with said southerly right-of-way line, a distance of 17.70
feet to the POINT OF BEGINNING of the tract herein described;
Thence South 00026'46" West, a distance of 147.98 feet to the beginning of a non-
tangent curve to the left having a radius of 50.00 feet and long-chord bearing South
61°50'50"East, 99.916 feet;
Thence along said curve in a southeasterly direction, through a central angle of
176052'14°, an arc distance of 154.35 feet;
Thence South 13021'24" East, a distance of 117.58 feet;
Thence North 75016'01" East, a distance of 71.02 feet;
Thence South 89032'22" East, a distance of 340.32 feet;
Thence South 11'17'22" West, a distance of 151.41 feet;
Thence South 15025'42" East, a distance of 146.90 feet;
Thence South 20050'36" West, a distance of 159.03 feet;
Thence South 34044'04" East, a distance of 172.45 feet;
Thence South 89032'22" East, a distance of 341.67 feet;
12B-Detention Basin R.doc
Thence South 00"10'29" East, a distance of 371.84 feet;
Thence South 89042'42"West, a distance of 390.56 feet;
Thence North 00017'18"West, a distance of 160.80 feet;
Thence North 16021'55" West, a distance of 151.85 feet;
Thence North 38022'24" West, a distance of 689.96 feet;
Thence South 51°37'36"West, a distance of 115.00 feet;
Thence North 38022'24" West, a distance of 143.93 feet to the beginning of a curve to
the right having a radius of 475.00 feet and long-chord bearing North 18"57'23" West,
315.82 feet;
Thence along said curve in a northwesterly direction, through a central angle of
38°50'02", an arc distance of 321.94 feet;
Thence North 00027'38" East, a distance of 65.48 feet;
Thence South 89032'22" East, a distance of 226.99 feet to the POINT OF BEGINNING
and containing a computed area of 9.848 acres of land.
12B-Detenllon Basin R.doc ;�
EXHIBIT "A" ss s2
TR T 2 c�� SHEET 1 OF 1
CL TEXA L.P. V E ss
168 AGE 16 .o s9 E C,� E R C�
D. ���C.T� s o I T S 9 2
�� �S � vN z �.��•6°� 4> o��A 2 s O� .A �
V)
y u. p ,
sr sr V !J ov
r Z 115.00' sr 4,
S S5137'36-W
A
g '6 /
�0 ; >s w G�5 sir . ,R FEx .4.14A HCo 'y@O
Q r, �'
> w P 6 �. `<
1 o -p 4 ' LINE TABLE
LINE BEARING DISTANC �9
L1 S13.21'24"E 117.58'
6 N +A/ 01 E 71.02'
11 Ory L3 N00'2T38"E 65.48'
p,� �•4j a L4 S00'27.38"W 120.00'
y � �4 �� L5 S89.32'22"E 17.70'
' g ps •dl �___ RAC 2
i o . p �a CL T AS, P. OLUtyIE P
SZp y 16 PA
T.
CURVE TABLE v�
1 •t] y CHORD
v- CURVE LENGTH DELTA RADIUS BEARING CHORD Q in
C1 154.35' 176'52'14" 0.00' S61'50'50"E 99.96' �v
C2 321.94' 38'50'02" 4 .00' N18'57'23"W 315.8 v
G PHIC SCALE
yam• �? x V j� 2 0 100 200 0
LLJ
N
o •4'> >� (IN FEET) X
o 1 inch = 200 ft. o
EXHIBIT SHOWING
C� �q" .y'�'`• �° 9.848 ACRES o
TF ANTONIO CASTILLO SURVEY, ABSTRACT NO. 272 N
6��ys'p9 ��� 0� CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
s SURVCON INC
'p� 9c goy PROFESSIONAL SURVEYORS r
(� Q e 1200 SUMMIT AVENUE, SUITE 600
FORT WORTH, TEXAS 76102 (817) 698-6770
SCALE: 1" = 200' JOB #: 7170040 °
DATE: OECEMBER 2005 F.B. #: N/A o
DRAWN BY: R.D.J. CAD DATE: DECEMBER 2005 N
k5S ICHECKED BY: R.K.S. CAD FILE: 7170213 DETPOND EXR.DWG
N
Exhibit "B"
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.
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Exhibit "C"
Storm Water Structural Maintenance CHECKLIST
FREQUENT DATE REPAIRS REPAIRS NOTES
INSPECTION REQUIRED MADE
Mowing
Remove Trash and
debris
Inspect irrigation
system operation
Remove grass
clippings
Violations Noted
A
105,
4
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
7-7
MAJOR
INSPECTIONS
Condition of Storm
Water Quality
Structure
Type of Storm Water
Quality Structure
Structure type and
Condition
Condition of Rip Rap
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Condition of
filtration system
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
ma-%k 7*9 Per•
City Of Fort Worth
1V A Q DATE Real Property Services
Engineering Department
AGENTl — _. DOE#� 900 Monroe Street Suite 302
Fort Worth Texas 76102-6302
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as aa�+rya
a'TtlV,Y 7yR9
a,� { •
CITY FW REAL PROPERTY
900 MONROE ST#302
FT WORTH, TX 76102
aa'avi+•
Submitter: CITY OF FORT WORTH/REAL PROPERTY-001 ZCFVI
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD,
Filed For Re istration: 11/16/2007 11:55 AM
Instru ent#: D207411233
A 12 PGS $56.00
zBy:
11111111 IIII 11111111111111111111111111111111111111111111 IIII
D207411233
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
Printed by: PT
1M & C: DATE ._..
QZ
FORTWORTH
City of Fort Worth
Memo
To: City Secretary's Office �GG
From: Jill Griffin Land Agent— Real Property Services 7 d
Date: 03/21/08
Re: Storm Water Facility Maintenance Agreement
The following is a (1) Storm Water Facility Maintenance Agreement M&C #C-22236
returned recorded to your office for safekeeping.
Thank you,
Jill D. Griffin
ENGINEERING DEPARTMENT
REAL PROPERTY SERVICES
THE CITY OF FORT WORTH * 900 MONROE STREET, SUITE 302 * FORT WORTH, TEXAS 76102-6302
817-392-8362 * FAX 817-392-8361
C.*Printed on recycled paper