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HomeMy WebLinkAboutContract 37732CITY �°F(`RE`I"ARY,?-�.�.��1 STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of October 1 , 2008 , by and between Wein arten/Investments, Inc., acting by and through, M. Candace )uFour in her capacity as its Sr. V.P. 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 Abstract No87 approximately 5.127 acre tract located in the J.A. Bowers Survey, . , Tarrant County, Texas according to the deed recorded in Volume 63 , Page 21 , Deed Records, Tarrant County, Texas, 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 Chamberlin Arlington Fleights 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 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, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09/2007 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 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, 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. STORM WATER FACILITY MAINTENANCE AGREEMENT 2 Rev. 01 /09/2007 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 oblillation 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 STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09/2007 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 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 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 deptYi of water in tiie detention pond vvl'iich 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. STORM WATER FACILITY MAINTENANCE AGREEMENT 4 Rev. 01 /09/2007 Executed this 'ist day of October, 20 08 . Landowner City RG� n ���. �ri`RS�� �Tam a City of Fort Worth Legal 2AZ Name: M. Candace DuFour Fernando Costa Assistant City Manager Title: Sr. V.P. Approved as to Form and Legality STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09/2007 V� . Assistant ity Attorney ATTEST City Secretary ENT'm 'r OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 5 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on 8 ,2�� by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalfof the City of Fort Worth, F1E.TfIE LANE My COMMISSION EXPIRES July' cy 2011 STATE OF TEXAS § the undersigned Notary Public, State of Texas authority on this ! to me to kSe the pefson whose name is sub; acknowledged to me that the pae / �, , j/.` � i? and as the act of such consideration expressed in the foregoing instn P �,�, JACKIE J. SPELL Notwr Nftl Sins of 1W= !•'" MY Commt MM Estes &I7012 a. T..2{!a4 rla4;�c?i. , known to the foregoing instrument and ed � same is the act of anI that he executed the same as its sao�(,a&"nd for the purposes and STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09/2007 0 INSERT LEGAL DESCRIPTION STORM WATER FACILITY MAINTENANCE AGREEMENT 7 Rev. 01 /09/2007 mo •O A mr r m A A 1 ciao DO�DAr�mor�*rn C mmmi C m C 1 0 Z p OA 0 m m A m o En A r i o o z 55 mzD 0a00 � { by r n O O C 0 m 1�m �zc forlf^ z K � � C 0 m� t;to N 00'34'30" E � 63.21' S O D �Z r-o N j r Z C � 0 0 m O F m F- z z g C) D Z Z CO D t0 Fj Oo O m Po CD Cp D ��F-� ui zz >mv CA co rnloon Z> o CA CA � N� z� D � Q N 0 0 oz=CA m rn zM (T1 m G7 (00 _ O Z v D C7 X (A (n D O o0 O 0 C7 z �urn n _m C�N(n rDm — — 1=1 IL , 1 N \ \ �o N CY Nw — �n— (A �m� � S 00'34'30" W 73.15' G)z zMONOMER! 00 z0 OTI Drm zZ 0 �.. Z H STREET (75' R.O.W. ) J 0 10 PRIVATE DETENTION POND EASEMENT Being a tract of land situated in the J. A. Bowers Survey, Abstract No. 87, City of Fort Worth, Tarrant County, Texas and being a portion of Lot 1, Block 113R of Chamberlin Arlington Heights, recorded under Cabinet B, Slide 2279 in the Plat Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a `PK' nail found for the southeast corner of said Lot 1, Block 113R; THENCE North 89° 25' 30" West, a distance of 15.00' to a point for corner at the intersection of the westerly right -of --way line of Horne Street (75' right -of --way) and the northerly line of a 16' alley; THENCE North 00° 34' 30" East, departing the westerly right -of --way line of Horne Street and the northerly right -of --way line of said 16' alley and the southerly line of said Lot 1, Block 113R, a distance of 3.00' to the POINT OF BEGINNING of the herein described tract; THENCE North 89° 25' 30" West, a distance of 169.29' to a point for corner; THENCE North 00° 34' 30" East, distance of 63.21' to a point for corner; THENCE North 86° 37' 24" East, a distance of 144.24' to a point for corner; THENCE South 89° 25' 30" East, a distance of 25.39' to a point for corner, on the aforementioned westerly right -of --way line of Horne Street, from which a 5/8" iron rod found with cap stamped `PATE' bears North 00° 34' 30" East — 320.93'; THENCE South 00° 34` 30" East, along the westerly right-of-way of said Horn Street, a distance of 73.15' to the POINT OF BEGINNING and containing 11,668 square feet or 0.2679 of an acre of land more or less. Basis of Bearings.• All bearings shown hereon are based on the record bearings of the plat of Chamberlin Arlington Heights. Prepared by: PATE SURVEYORS A division of Pate Engineers, Inc. 2201 Brookhollow Plaza Dr., #445 Arlington, TX 76006 Original Issue Date: September 10, 2008 Job No. 0744-006-00 Mark A. Nace R.P.L.S, No, 5539 Certification Date: September 10, 2008 IAF;K ALLAN NAGE 9�cfSSM�C SUS..: Page 1 of 2 UlCINl Not To S MAP aIt LINE BEARING DISTANCE L 7 S 69125 *30" E 60.00' L2 N 89125130" W 15. 00' L3 5 8912529" E 75.00' C4 S 89'25J0" E 75. 00' LS S 0O434'30" W 12.30' L6 5 76044'40" E 6713' L7 S 38605,05" E 31,23' L8 S 8815759" E 9, 19' Graphic Scale in Feei 0 50 100 750 200 Scale: 7" = 50' 1. Private Common Area (P.C. A.) The City of Fart Worth shall not be held responsible for the construction, maintenance or an operation of lots containing private common areas or facilities identified as such on P Y 9 this plat. Said areas shall include, but not be limited to: private streets, emergency access easements, and gated security entrances; recreation areas, landscaped areas and open spaces; water and wastewater distribution systems and treatment facilities; and recreation buildings and facilities. The land owners and subsequent owners of the lots and parcels in this subdivision, acting jointly and severally as a land owners association, shall be responsible for such construction, reconstruction, maintenance and operation of the subdivision's private common areas and facilities, and shall agree to indemnify and hold harmless the City of Fort Worth, Texas, from all claims, damages and losses arising out of, or resulting from the performance of the obligations of said owners association, as set forth herein. 2. Water/Wastewater Impact Fees The City of Fort Worth has an ordinance implementing the assessment and collection of water and wastewater impact fees. The total amount assessed is established on the filing date of this plot application, based upon Schedule I of the current impact fee ordinance. The amount to be collected is determined under Schedule II of the said ordinance and becomes effective on the date a building permit is issued, or the connection date to the municipal water and/or wastewater system. 3. Utility Easements Any public franchised utility, including the City of Fort Worth, shall have the right to move and keep moved all or part of any building, fence, tree, shrub, other growth or improvement which in any way endangers or interferes with the construction, maintenance oIt efficiency of its respective systems on any of the easements shown on the plat; and they shall have the right at all times to ingress and egress upon said easements for the purpose of construction, reconstruction, inspection, patrolling, maintaining, and adding to removing all or part of its respective systems without the necessity at any time of procuring the permission of anyone. 4. Building Permits No building permits shall be issued for any lot in this Subdivision until an appropriate UFA or other acceptable provisions are made for the construction of any applicable water, storm drain, street lights, sidewalks, or paving improvements; and approval is first obtained from the City of Fort Worth. 5. Sidewalkss Sidewalks required adjacent to both side of all public and private streets, in conformance with the Sidewalk Policy per "City Development Design Standards fi. Flood -Plain Restrictions No construction shall be allowed within the Flood -plain easement without the written approval of the Director of Transportation and Public Works. In order to secure approval, satisfactory engineering studies and/or detailed engineering improvement plans, shall be prepared and submitted by the party(s) wishing to construct within the flood -plain. Where construction is permitted, assuming ultimate development conditions, all finished floor elevations shall be a minimum of 2 ft. (two feet) above the 100-year Flood plain water elevation, or 1 ft. (one foot) above the 100-year flood -way water surface elevation. 7. Construction Prohibited Over Easements No permanent buildings or structures shall be constructed over any existing or platted water, sanitary sewer, drainage, gas, electric, cable or other utility easement of any type. 8. Covenants or Restrictions are Un-altered This Replat does net vacate the previous "Plat of Record` governing the remainder of the subdivision, nor does it amend or remove any deed covenants or restrictions. 9. Parkway Permit Parkway improvements such as curb & gutter, pavement tie-in, drive approaches, sidewalks and drainage inlets may be required at time of building permit issuance via o parkway permit. 10. Maintnence Agreement Special maintnence agreement for the channel, drainageway, detention pond, fake is required to be executed and recorded along with the final plat. An encroachment agreement is required for any structure such as a private bridge or culvert within a public drainage easement or ROW. 11. All buildings, shall be constructed in accordance with building setback requirements of the City of Fort Worth Comprehensive Zoning Ordinance. 12. Unless otherwise shown with a specific Volume and Page recording reference, all easements are dedicated by this plat. 13. According to the Flood Insurance Rate Mop No. 48439CO381 H. published by the Federal Emergency Management Agency, dated: August 2, 1995, the surveyed property shown hereon does not lie within any special flood hazard area inundated by the 1CO-year flood. 16 AUEY .0. STATE OF TEXAS § COUNTY OF HARRIS § LINE BEARING DISTANCE L9 S 00'34'30" W 51.25' L 10 S 4T36 28" W 40A6' 111 N 85'25'30" W 70.85' L 12 Iv 00'04'59" W 58.52' L73 N 8927*48" W 24.00' C14 5 00'04'59" E 58.01, C 15 S 89'25 :i0" E 25. 39' BEARS WEST FREEWAY ACCESS ROAD (VARIABLE WIDTH STATE RIGHT-OF-WAY) (250' TO 360 RIGHT-OF-WAY) 'PATE" CAP 20' P.O.&E, 10' UTILITY ESMT m CAB. B, SLIDE 2279 y L 8091, G. 0 C.T. VOL. 0254. PG. 958 D.R.T.C.T_ LOT 1R1 3.788 ACRES 18' DRAINAGE & UTILITY ESMT i RESERVATION / S 89'2A'30" E CAB. B SLIDE 2279 P.R.T.C.T. 1(vncATED B=THIs PLA-) - -AT) 20' BUILDING LINE I BLOCK 113R O m (BY THIS PLAT) 5.127 ACRES 0 LOT 1. BLOCK 113R 3 CHAMBERLIN ARLINGTON HEIGHTS o CAB. 8, SLIDE 2229 ` I P.R. TC.T m 'n LOI 80 DRAINAGE AND UTILITY- t HI EASEMENT RESERVATION O I -CAE. B. SLIDE 't2]9�P. R. 1-C. T. M IO'X10' P.O.S.E. (VACATED BY THIS PLAT) Ell - (BY 1H15 PLAT) 7_95' 20' UTILITY EASEMENT S B9'2r 58' (BY THIS PLAT) �, PBY 4' MUTUAL S 89'25'�3 E CCESS EASEMENT THIS PLAT S 892551" E SF 10'x10' P.O. S.E. - (BY THIS PLAT) S 89'2�30" E_4E SD' EASEMENT E EASEMENT CURVE DELTA RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH C7 88'S301" 25.00' 38,78' S 44-31'29' E 35.01' C2 89'29'23" 25.00' 39.05' N 44*39'43" E 35.20' ATEO C W/ 'PATE' CAP 20' BUILDING LINE (BY THIS PLAT) U PATE AP LOT 1R2 1,339 ACRES S a9'25'30' E N 5' R.O.W. DEDICATION CAB. B. SLIDE 2279 UCI r7 P.R.T.C.T. O In` O n z AC13 MUTUAL (BY ETHIS SS EPLAT) NT e S 89'25_52 E 225.46' c2/ ..51 10'X1D' P.O.S.I ^ (BY THIS PLAT (BY THIS PLAT) t t t 5'X15' P.O.S.E. 3' ALLEY DEDICATION G� CAB. B. SLIDE 2279 (BY THIS PLAT) ALLEY L2.03' 10'Xt0' P.0.5. (BY THIS PLA T.C.T Mr- 886"J7'24"W 424/ � t O b PRIVATE DETENTION POND EASEMENT wSEL = 70TOO' - n� MINNFFE = 709.00 n _L 589'25'30'c 169.29' I „{ IL21I 16' ALLET �IS'xI SP BLOCx 133 CAB. B, SLID 2279 ;O.CT CHi ASERUN AR n HEIGHTS ADDI ON I nR5T FIUND VOL, 63. PG, 21 D, R,TCT. THAT WEINGARTEN/INVESTMENTS, INC. acting by and through its duly authorized officers, do hereby adopt this plat designating the herein above described real property as: LOTS tRt & tR2, BLOCK 113R, CHAMBERLIN .4RLINGTON HEIGHTS, an addition to the City of Fort Worth, Tarrant County, Texas, and whose name is subscribed hereto, hereby dedicate to the use of the public forever all streets, alleys, parks, water courses, drains, easements and public places thereon shown for the purpose and consideration therein express. Executed this the_day of., 2008. Weingarten/Investments, a Texas Corporation 2600 Citadel Plaza Dr., Suite 300 Houston, Tezas 77008 STATE OF TEXAS § COUNTY OF HARRIS § BEFORE ME, the undersigned, a notary public in and for the State of Texas, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing instrument end acknowledged to me that he Led the some for the purpose and consideration therein expressed. and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the_day of , 2008. Notary Public, State of Texas My Commission Expires:_ ENTRANc To PARKING AREA 16 vADE M_ ALVEY AVE. L1 1/2" IRE (OM.) t6' ALLEY P.O.B, L E G E N D ' SURVEYOR'S STATEMENT ' P.O.B. POINE OF BEGINNING IRF DENOTES IRON ROD FOUND I, Mark A. Noce, a Registered Professional Land Surveyor in the State of Texas, do (C.M.) CONTROLUNG MONUMENT hereby stote that the plat shown hereon accurately represents the property as determined by an on the ground survey prepared under my direction and supervision D,R.T.C.T. DEED RECORDS OF TARRANT COUNTY, TEXAS in May, 2007, and that all corners are as shown. P.R.T.C.T. PLAT RECORDS OF TARRANT COUNTY, TEXAS VOL. VOLUME PG. PAGE P.CA PRIVATE COMMON AREA This document shall not 'ESMT. be recorded for any purpose. ESMT. EASETEMPMENT EASEMENT SON. SEW, SANITARY SEWER WSEL WATER SURFACE ELEVATION Mark A. Noce, R.P.LS. State of Texas No. 5539 STATE OF TEXAS § COUNTY OF TARRANT § OWNER/ BEFORE ME, the undersigned, a notary public in and for the State of Texas, on this day personally appeared Mork A. Noce, known to me to be the person whose name I subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the_day of 2008. Notary Public, State of Texas My Commission Expires: - STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS Weingarten/Investments, Inc. a e the sole owners of that certain tract of land which is out of the tract of land described in the deed to Weingarten Investments, Inc., recorded in Document Number D207219598, in the Deed Records of Tarrant County, Texas, which is all of Lot 1, Block 113R, Chamberlin Arlington Heights Addition, first filing, an addition to the City of Fort Worth, recorded in Cabinet B, Slide 2279, in the Plat Records of Tarrant County, Texas, in the J.A. Bowers Survey, A-87, City of Fort Worth, Tarrant County, Texas, and m particularly described by metes and bounds as follows (all bearings shown more based on said plat of Chamberlin Arlington Heights): All that certain 5.127 acres of land, which is all of Lot 1, Block 113R, Chamberlin Arlington Heights Addition, first filing an addition to the City of Fort Worth, recorded in Cabinet 8, Slide 2279, in the Plat Records of Tarrant County, Texas, in the J.A. Bowers Survey, A-874 City of Fort Worth, Tarrant County, Texas, and more particularly described by metes and bounds as follows (all bearings shown hereon based an said plat of Chamberlin Arlington Heights): COMMENCING at a "PK" nail found for the southeast corner of the southerly 15' right-of-way dedication as shown on said plat of Chamberlin Arlington Heights, from which o 1/2" iron rod found for the southwest corner of the 10' by 10' .right-of-way dedication as shown on the plat of Lot 15-R, Chamberlin Arlington Heights Addition, First Filing, an addition to the City of Fort Worth, recorded in Cabinet A, Slide 10318, in the Plot Records of Tarrant County, Texas, bears South East - 60.00'; THENCE North 89' 25' 30" West - 15.00' along the south line of said most southerly 15' right-of-way dedication to a 5/8" ;ran rod with a cap stamped "PATE" set for the POINT OF BEGINNING of the herein described tract, in the west Horne Street o 75' right-of-way); right -of way line of said ( THENCE North 89' 25' 30" West - 485.00' along the south line of the herein described tract, common to the north line of a 16' alley to a point for corner at the southwest corner of the herein described tract, in the cost right-of-way line of Halloran Streat (a 60' right-of-way); THENCE North 00' 34' 30" East - 471.00' along the west line of the herein described tract, common to the east right-of-way of said Halloran Street to a 5/8" iron rod with a cap stomped 'PATE" set for the northwest comer of the herein described tract, in the south right-of-way line of Interstate 30 .Access Road (variable width right-of-way), from which a 5/8' iron rod found bears South 59' 22' West - 2.46% THENCE along said Interstate 30 the following courses and distances South 89' 25' 30" East - 300.00' to a 5/8" iron rod with a cap stamped "PATE` set for an angle corner of the herein described tract; South 7fi' 44' 41" East - 102.50' to a 5/8" iron rod with a cap stamped "PATE` set for an angle corner of the herein described tract; South 00' 34' 30" West - 12.30' to a 5/8" iron rod with a cup stamped "PATE` set for an angle corner of the herein described tract; South 76' 44' 40" East - 67.13' to a 5/8" iron rod with a cap stomped "PATE` set for an angle corner of the herein described tract; South 38' 05' 05" East - 31.23' to a 5/8" iron rod with a cap stamped "PATE" set for an angle corner of the herein described tract;, in the west right-of-woy of aforesaid Horne Street; THENCE South 00' 34 30" West - along the west right-of-way line of said Horne Street, passing at a distance of 67.08' a 5/8" iron rod which bears South 894 25' 30" East - 15.00' found for the northeast corner of the northerly 15' right-of-way dedication as shown on aforesaid plat of Chamberlin Heights (Cab. B, Slide 2279), and passing at a distance of 272.08' a 3/8" iron rod which bears South 89' 25 30" East - 75.00' found for the northwest corner of the 10'X1O' right-of-way dedication as shown or, aforesaid plat of Chamberlin Heights (Cab. A, Slide 10318), continuing along the west right-of-way line of sold Horne Street for a total distance of 397.08' to the Point of Beginning of the herein described tract and containing 5.127 acres of land. HAMBERLIN ARLINGTON HEIGHTS LOTS 1R1 8c 1R2, BLOCK 113R A REPLAT OF LOT 1, BLOCK 113R CABINET B. SLIDE 2279 BEING 5.127 ACRES LOCATED IN THE J.A. BOWERS SURVEY, ABSTRACT NO, 87 CASE NUMBER: FS-008-007 AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS. OPER: WEINGARTEN/INVESTMENTS, INC., PATE ENGINEERS A TEXAS CORPORATION 2600 CITADEL PLAZA DR., SUITE 300 2201 BROOKHOLLOW PLAZA DRIVE, SUITE 445, ARLINGTON, TEXAS 75227 HOUSTON, TEXAS 77008 TEL: (817)695-4994 FAX (817) 695-5888 PHONE: '713) 866-6074 JOB NO. 074400600 SHEET / OF 1 FAX (713) 866-6066 DATE: AUGUST 01, 2008 CONTACT: MIKE TERECHENOK THIS PLAT IS FILED IN CABINET , SLIDE DATE: Exhibit 66 t4lo The only responsibi(ifiy the Gifiy of Fart Worth has in the operation and maintenance of this Facility is inspection. The structural and functional integrity of the Facility steal! be maintained at all tImes by removing and preventing drainage interference, obstructions, blockages, ar 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 1YATER IS ALLOWED in basins designed for dry detention purposes. Accumulated litter, sedimen#, and debris shaft be removed every fi 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 mewed monthly between the months of April and October or anytime vegetation exceeds 12-inches in height. To preven# debris from entering and clogging the downstrearn storm sewer sIstem a wire mesh screen or similar screening device shall be installed over the outlet until final acceptance. Visual inspections of all components will be conduc#ed 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, lifter and debris removal dates. Document aeration of the basin bottoms and replanting to prevent the sealing of the basin bottom. m 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 fAC0.kTY MAINTENANCE AGREEMENT Rev. 01/0912007 11 9AN rREQUENT REPAIRS REPAIRS DATE NOTES INSPECTION REQUIRED MADE mowing Remove Trash and debris Inspect irrigation system operation Remove grass clippings Violations Noted •r. __ �'.-�=5: '-�-:. ��`��-P___ "'.`•s=_ _ ^-:-'s_ - -:-e�._.,�.ur �•__••_?v,, ..-u. �e., :. ... ter_" '-. v -yT-}•.•• _ r.:::._a. _ _ _ _ z:+S.-�.=.�._ __:-•;._.. .f.:iYew s.. :-. c_._,: .. .. t.:.. _+vx.� _�: _ __ _ __ ;'_..53-: ..R^� ::. _- _ _ - _ MN _ MINOR INSPECTION Condition of Pond Amount of silt in pond Li111wmount Ci1t in `nf flume Amount of ponded water Amount of wetland vegetation Location of Erosion Percent of vegetation Condition of trash ward 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 Rev. 01/08/2007 Rap Condition of filtrations stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT � d Rev. 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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, sedimenfi, 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. • 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 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 Pond Amount of silt in pond M 1Vuf t VI SIR III 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. 01 /09/2007 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 Q Rev. 01 /09/2007 e =ai0 vs� m;oa'S i gfr9y 6 €eS t °3o9aE Ti.• oo� 9SeN E E E E Ei 4r �go`Na ° B�°se€ 5a0 5=��0$ E;5 ossp x ss oam Tin u�Ea 0ei o._ mv, a ME: @ - - -Ev" GG beam 0 8.�^oe^; si s'= s�;BY 0 ° e ` °o-c'e sxm= $oE E= Qi o=0 ScSo r sa =a c0uam °> °> > °�+ .i =�P`_ OM E �s rga °L � s`�ao =°o s aes $ s3 3 3 Sg xv s£z oe0o`sa �eR� o ms�'= €^E.w',Y8 sm-,'� S.=E_ a sv Ee �a e^ SL�m"Ess "i•` sE 9.-5,E se< sow s� 9 E '5 e'S '� 'S Pe_s^�`ocs o5oy o.. -O'S� €.. ~O =�O = 05 2II =o a fr$ so" c S0�ca B,a a �,E$�%• a%s 559G€ tEss sms gsase @ m E m`a:a 8MAmo im s'- z° ° a Kc em �g hm �g �e +'Epos°99g3 g•'Sopo -SEO 'suss`° ors =se os,Do 2 m e z9g° v= `9E Olin b a sc r t c zS s"-E Em am -°p=°9 se`ss 80 . _"=5.. 8 k�` = 5 '$ ^5 =$ - s g°g s 5E�5DEW�'� =306 - ozy E'= ate, a ° ° o$z�='°sine a -"�Co `a Uc kc R 155 coo ~°Mac S RE �E �E mE nEi 1m =v `z55C ska ••a oc S'•an OO°� HMO <wE 3�ci h°E• n 18 18 Iamg ;05 '° $a a oa us I Env bE E."`,V Er 8o@a5So bo n95` 9a. •5 W - - w- �M .4'6^0a M A�cm a '« as e�-S eS gy00 m$ OM BE�o �EasP '_ R5 65 �5s �aE'�s SsR° tsar �e �aa �g9g86 OsIZa�o5 m� �SEo oB�g aY re _ _ os`r $ k8, g w�J'''".sv You, s9a �9 �a=a.9 '°.��= m s5 ti ^` ^m ° �o �g SP$9 N_j ^Rgm °:art � .° .='w. - = �g � 13 e: � 0 8• 8 Qo' �� o o� <#6e:mc3bs =s" bs€1ql w=�-', wm E ga sk $ 5< a $�_ :_ m-m•z OEBv S U@ 1 = =<<°� W ap- a. n,. aiP BiPa<< w 'e8 6 Hz re--s® 6s�z Fa° bE�e b b o���$a'sg #o '3m"m �asm ga Ste=1 SOIL � ss �m ms_" � F N g �e N 13 <�s }mo I c 3Wg n n�vmi W I II I III Iw � I — - _ g �8e�m mm zH y N E 3 �773Jm.^,9 'M'0'2J ,9L 133iLL5 3NWH� I , Wye m O s�3n I I I m ('M'0'LI ,09��?11S NV210llVH 9 N Hma XmzM y Z,oU�m O OWE X0 own' c V; m aF�WWU <s W r - .A dim ci z w a -a=p Z 0 a a0 obog W OrA OWH,rc<3 < 0Oo. 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Page 1 of 1 DATE: Tuesday, July 29, 2008 LOG NAME: 30WEINGARTEN SUBJECT: Authorize the Execution of One Stor Investments, Inc., for Property Located City of Fort Worth (DOE No. 5733) RECOMMENDATION: �_ A REFERENCE NO.: �'�C-22941 m Water Facility Maintenance Agreement from Weingarten at 2740 Horne Street in West Fort Worth, at No Cost to the It is recommended that the City Council authorize the execution of one Storm Water Facility Maintenance Agreement from Weingarten Investments, Inc., for property located at 2740 �iorne Street, in west Fort Worth, at no cost to the City of Fort Worth. DISCUSSION: The maintenance agreement is necessary to assure proper maintenance of two storm water facilities by the owner, Weingarten Investments, Inc. (WII). WII will be responsible for all maintenance costs associated with their storm water facilities. The storm water facility will serve the Chamberlain Arlington Heights Addition. The facility is necessary to limit storm water run-off generated in the subdivision to pre -developed conditions, and to reduce the possibility of flooding to residents downstream of the watershed. The facility is located south of Interstate 30 West, and west of Horne St. The facility is located in COURICIL DISTRICT 7, Mapsco 74M. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager°s Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (8476) A. Douglas Rademaker (6157) Willie F. ,Ingram (6645) http://www.fortworthgov.org/council�acket/Reports/mc�rint.asp 7/28/2008 ADOPTION OF RESOLTITIONS OF VV , NGARTEI M"Ji STAI rNTS, INC. Tlie undersigned, befog all of the Board of Directors for Weingarten/Investalents, Inc., a Texas corporation (tile "Corporation") hereby adopt, ratify, and confirm by execution of this written consent, the following resolutions and actions; Iti♦1SOLVI;D, that any one of the Corporation's Chairman, Vlae Chairman, Chlef Executive Officer, Executive Vice Presidents, and each of the following Senior Vice Presidents: M. CANDACE DUFOUR and .iEFFREY A. TUCIMR, shall have the power and authority to talce actions on behalf of the Corporation and to bind the Corporation in business transactions in which the amount involved does not exceed $50,000,000, and additionally ALAN it. KOFOED shall have this power and authority with respect to only construction -related transactions in which the amount does not exceed $30,000,000, RESOLVED, that any business transactions in �vhicla the amounts hlvolved e:ccaed $50,000,000 shall require the consent of the sole sliareholder of the Corporation, which approval will bring with it the further power and authority to designate the officers of die Corporation who are authorized to carry out and implement such transactions; RESOLVER, drat with respect to joint ventures, partnerships, limited partnerships, corporations, limited liability companies, trusts and other entities, the dollar limitations stated in these Resolutions will apply with respect to the amount of the equity and/or debt contribution which the Corporation is obligated to make;. �SOLVEIi, that any officer to wham authority has been granted pursuant to these Resolutions shall have the authority to delegate all or any portion of the delegated authority to any other Senior Vice President or Vice President of the Corporation on business transactions in which the amount involved does not exceed $10,000,000, and to any other employee of the Corporation in business transactions in which the amount involved does not exceed $1,000,000; RESOLVE, D, that the transactions to which these Resolutions apply include, but are not limited to, tIle fflllOWtn�, (subjeotto t1�e respeafivL dollar limitations and other limitations stated herein): (i} Borrowing money (including incurring liability under Letters of Credit or Guaranty Agreements) on a secured or unsecured basis and pledging ar rliot tg£iillg all Or any portion of the Corporation's assets to secure such borrowing; (ii} Purchasing or selling assets of the Corporation; (iii) As landlord, entering into leases for terms of not nlora than 99 years (including atl renewal options] and executing agreements relating to such leases; (iv] As tenant, entering into leases covering not more than 200,000 square feet of building float area far terms of not fnore than 50 years {including renc�val options) and entering into leases covering not more than 40 acres of unimproved land for terms not exceeding 99 years (including all renewal options) and executing all agreements relating to such leases, {v) Authorizing the Secretary or Treasurer of th4 Corporation to open and close Corporation bank accounts; vntraMs\com\W;;kcorn res a3C,dac