HomeMy WebLinkAboutContract 53688 cdb7v��lvRRY� g
DOE #
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�2020 RETAINING WALL
� s�cgYory MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this q*day of. ar , by
in d between -tllC'h OW JL,F.t f auc ur��» N, acting by and through
en anrl.,,dlu-cy
ALtm a rdli e , 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 ��J square foot tract located in Ws f-111r9U14 Df6 U1-
fort Worth, Tarrant County, Texas according to the recorded in
(e�n�.�ihirl et A$1a '7A36kecords, 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 asBAUMIafdner Zd-D031j,
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
RETAINING WALL MAINTENANCE AGREEMENT UffiQAL€.,;R F U
Rev.4/2007 CITY SECR�^EIFARY
FT ORI�SA p 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
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 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 this day of ay _ a!O Z v
Landowner City
City of Fort Worth
Jame: �
Assistant C4 Manag
Title : Ck b lr A Q. -S
Approved as to Form and Legality
Assistant City Attorn
ATTEST '' t�ji L y9
RETAINING WALL MAINTENANCE AGREEMENT 0FRO LR&O D
Rev.412007 MY SECRETARY
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 this '�tkday of C1 l&( -6\, 20°�`�
Landowner City
City of Fort Worth
Ai
Name: �, ,, ilm '
Ln U �,� Assistant it�Manager
Title
Approved as to Form and Legality
Assistant City Attorney
ATTEST
City Secretaiq
EOFRQA�LE�'NRYH,T
RETAINING WALL MAINTENANCE AGREEMENT
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 this JiLlday of Mq rc�k` 20c 'q
Landowner City
�^ f� �' City of Fort Worth
� �9-j
ame: �,,
Title
L 6 � ( U W l,� Assistant i Mana er
Approved as to Form and Legality
y Assistant City Attorn
ATTEST
�'�.�' • V i Sec et
RETAINING WALL MAINTENANCE AGREEMENT r r
Rev.4/2007
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on In 2QP&by
� Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
MARIAS.SANG,CZ N tary Public, State of Texas
N: My Notary ID#2256490
Expires December 19,2021
PAMELA K.TERRY
NOT P".STATE OF TEXAS
STATE OF TEXAS § �,®�}Th ID#221209-1
4jFOF�` CiOMK EXP.0"1.2021
COUNTY OF TARRANT §
Be ore me, the undersigned authority on this day personally appeared
ki 1/e✓t a n d a J 4 Ll rye q u r d rt e-r
1fen '. -Ba ayvi oa rdner, • q...d jud� 11).JaAL,nj rdnrr known
to me to be the erson whose name is subscribed to fhe foregoing instrument and
acknowledged to me that the same is the act of
L 0&t �>v(',tit E AL , and that he executed the same as its
L n�sT2010)0L and as the act of such LA#000tO Al`� and for the purposes and
consideration expressed in the foregoing in
Notary Public, State of Texas
L'W(0RX"*K'ITS
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.
w- w' FOY)V WO k,,Pf 4
dirie Lewis
Development Services Manager
O-FRICIAL RECORD
CIT'V SECRETARY
FT WORTHII TX
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
Tract lr: ``�
Lot 39A, Block 2 L.al;.c �-cascs, an to the City of Fort Worth, Tarrant County,
Texas, accorclvne ?c� 0hc reap or p]:ji _hcrcUf rc�uril�<l in C.ahinct .A, Siidc 7635; Plat Records,Tarrant
County, Texas
RETAINING WALL MAINTENANCE AGREEMENT
Rev.4/2007 6
Page 1 of 3
D218126960 6/11120184:42 PM PG 3 Fee: $24-00 Submitter. CSC ERECORDING SOLUTIONS
Electronically Recorded by Tarrant County Clerk in Official Public Records �
, Mary Louise Garcia
3
NATGF#14766-18-033 3 6
NOTICE OF CONFIDENTTALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIA ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER_
GENERAL WARRANTY DEED WITH VENDOR'S LIEN
Date: June 8, 2018
Grantor: Gale Cupp
Grantor's Mailing P. O.Box 879, Coldspring, Texas 77331
Address:
Grantee: Allen S. Baumgardner, Sr. and Judy Baumgardner
Grantee's Mailing 3601 Ridglea Country Club, Fort.Worth, Tarrant County, Texas
Address: 76116
Consideration:
Cash and-a note of even date executed by Grantee and payable to the order of First Financial
Bank, N-A. in the Principal amount of$232,500.00_ The note is secured by a first and superior
vendor's lien and superior title retained in this deed in favor of First Financial Bank,N.A. and by a
first-lien deed of trust of even date from Grantee to Martin Joseph Noto, Jr_, Trustee_
Property(including any improvements):
Tract I:
Lots 33 and 33A, Block 27, Lake Worth Leases, an Addition to the City of Fort Worth, Tarrant
County,Texas,according to the map or plat thereof recorded in Cabinet A, Slide 7635,Plat Records,
Tar=t County, Texas
Tract II:
Lot 39A, Block 27, Lake Worth Lcascs, an Addition to the City of Fort Worth, Tarrant County,
Texas, according to the map or plat Lhereof recorded in Cabinet A,Slide 7635,Plat Records,Tarrant
County,Texas
Gcncral Warranty Deed with Vendor's Lien-Page 7
Page 3 of 3
e Cupp
STATE OF TEXAS §
§' COUNTY OF I j2i1YZivJ §
The foregoing instr went was admowledged before me on this the day of
2018,by We Cupp.
F
M SUZANNE FROSSARD
=�I �SNotsry Public.State of Texas STATE OF TEXAS
�:, j"$Comm.Expires 05-22-2022
'%-i; �� Notary!t) 73167804-1
PRINTED NAME OF NOTARY
MY COMMISSION EXPIRES:
Gcncaal Warranty Deed with Vendor's Lien-Page 3
3
NATGF#14766-18-0330
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
GENERAL WARRANTY DEED WITH VENDOR'S LIEN
Date: June 8, 2018
Grantor: Gale Cupp
Grantor's Mailing P. O. Box 879, Coldspring, Texas 77331
Address:
Grantee: Allen S. Baumgardner, Sr. and Judy Baumgardner
Grantee's Mailing 3601 Ridglea Country Club, Fort Worth, Tarrant County, Texas
Address: 76116
Consideration:
Cash and a note of even date executed by Grantee and payable to the order of First Financial
Bank, N.A. in the principal amount of$232,500.00. The note is secured by a first and superior
vendor's lien and superior title retained in this deed in favor of First Financial Bank,N.A. and by a
first-lien deed of trust of even date from Grantee to Martin Joseph Noto, Jr., Trustee.
Property (including any improvements):
Tract I:
Lots 33 and 33A, Block 27, Lake Worth Leases, an Addition to the City of Fort Worth, Tarrant
County, Texas, according to the map or plat thereof recorded in Cabinet A, Slide 7635,Plat Records,
Tarrant County, Texas
Tract II:
Lot 39A, Block 27, Lake Worth Leases, an Addition to the City of Fort Worth, Tarrant County,
Texas, according to the map or plat thereof recorded in Cabinet A, Slide 7635,Plat Records,Tarrant
County, Texas
General Warranty Deed with Vendor's Lien-Page 1
Reservations from Conveyance:
None.
Exceptions to Conveyance and Vdarranty:
Liens d scribed as part of the Consideration and any other liens described in this deed as
being either assumed or subject to which title is taken; validly existing easements, rights-of-way,
and prescriptive rights, whether of record or not; all presently recorded and validly existing
restrictions, reservations, covenants, conditions, oil and gas leases, mineral interests, and water
interests outstanding in persons other than Grantor, and other instruments, other than
conveyances of the surface fee estate, that affect the Property; and taxes for 2018, which Grantee
assumes and agrees to pay.
Grantor, for the Consideration and subject to the Reservations from Conveyance and the
Exceptions to Conveyance and Warranty, grants, sells, and conveys to Grantee the Property,
together with all and singular the rights and appurtenances thereto in any way belonging, to have
and to hold it to Grantee and Grantee's heirs, successors, and assigns forever. Grantor binds Grantor
and Grantor's heirs and successors to warrant and forever defend all and singular the Property to
Grantee and Grantee's heirs, successors, and assigns against every person whomsoever
lawfully claiming or to claim the same or any part thereof, except as to the
Reservations from Conveyance and the Exceptions to Conveyance and Warranty.
The vendor's lien against and superior title to the Property are retained until each note
described is fully paid according to its terms, at which time this deed will become absolute.
First Financial Pa,jk, N.A. at Grantee's request, has paid in cash to Grantor that portion of
the purchasc price of the Property that is evidenced by the note. The first and superior vendor's
lien against and superior title to the Property are retained for the benefit of First'Financial Bank,
N.A. and are transferred to First Financial Bank,N.A. without recourse against Grantor.
When the context requires, singular nouns and pronouns include the plural.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
General Warranty Dee with Vendor's Lien-Page 2
ale Cupp
STATE OF TEXAS §
COUNTY OF .�,r�i�YL'iy2 §
The foregoing instrument was acknowledged before me on this the a day of
id 2018,by Gale Cupp.
1
M SUZANNE FROSSARD ;
o.•' s,.a; .,1;z Notary Public, State of Texas NOT Y'P� IC, STATE OF TEXAS
Comm. Expires 05-22-2022
�9��•OF•t�+`.
Notary ID 13157804-1
PRINTED NAME OF NOTARY
MY COMMISSION EXPIRES:
General Warranty Deed with Vendor's Lien-Page 3
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March 6, 2020
To: City of Fort Worth, Texas
From: Allen and Judy Baumgardner, Land owners of 9228 Heron Drive.
Re: Retaining wall maintenance agreement
To Whom It May Concern:
Please be advised that we, Allen S. Baumgardner Sr, and Judy A. Baumgardner, are the
owners of property at 9228 Heron Drive, Fort Worth, TX 76108. Legal description is Lot
39A, Block 27, Lake Worth Leases, an Addition to the City of Fort Worth, Tarrant County
Texas, according to the map or plat thereof recored in Cabinet A, Slide 7635, Plat
records, Tarrant County, Texas.
We hereby acknowledge that we are solely responsible for maintaining said retaining
wall on the above listed property. We also acknowledge and understand that the City of
Fort Worth is not responsible, in any circumstance, for the maintenance of said wall.
We agree to keep this wall maintained in good working conditions at all times. If any
damages occur, no matter what the damages may be, we understand that we are held
responsible for any repairs as needed.
Signed this day the 6th of March, 2020 as the landowners.
Ojkait.,; !�.&�a-������
Allen S. Baumgardner, Sr.
i
Jud A. Ba&ngardner
3/9/2020 GmaiI-Fw.9228 Herron wall plans
lAllen Baumgardner<baumgardnerfh@gmail.com>
Fw: 9228 Herron wall plans
1 message
Judy Baumgardner <judybaumgardner@att.net> Mon, Mar 9, 2020 at 11:38 AM
To: baumgardnerfh@gmail.com
--- Forwarded Message---
From: Ray French <rayffrench@gmail.com>
To: Judy Baumgardner<judybaumgardner@att.net>
Sent: Friday, March 6, 2020, 05:58:43 PM CST
Subject: Fwd: 9228 Herron wall plans
Begin forwarded message:
From: Randy Offill <Randy@offiliconsulting.com>
Subject: 9228 Herron
Date: March 6, 2020 at 5:55:21 PM CST
To: Ray French <rayffrench@gmail.com>
Ray,
Here it is.
Randy W. Offil1, PE
TX#60127 Firm #F-17578
Offill Consulting, PLLC
9946 E. Bankhead
Aledo, TX 76008
Ce 11 817.992.0952
9228 Herron Retaining Wall 112519.pdf
680K
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