HomeMy WebLinkAboutContract 3786611 T % C RETi�1R'v'
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STORM WATER FACILITY
MAINTENANCE AGREEMENT
i JD
THIS AGREEMENT, made and entered into this day of
2 , by and between Tom S Mackie, 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 27 acre tract located in the A. F. Albright Survey, Abstract 1849, Tarrant
County, Texas according to the deed recorded in Instrument No. D208207492, 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 Hartman North Main Street
Addition 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 1
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 fmdings and a directive to commence with the
repairs if necessary.
STORM WATER FACILITY MAINTENANCE AGREEMENT
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 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 N_ARNrr,ESS FROM
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE
AND DOES HEREBY INDEMNIFY, HOLD H�1ItNH.,ESS 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 3
Rev. 01 /09/2007
FACILITIT I PROPERTY TO MAINTAIN TDE BED AND BANKS OF
111MURIOLIEW111. I IU 11:11 . I ,
RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY
DUE TO (1) FLOODING OF THE POND AI`�1I➢ 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 WYTH 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 depth of water in the detention pond which would occur
during a 100 year frequency flood.
8. This Agreement shall be recorded among the land records of Tarrant County,
Texas, and shall constitute a covenant running with the land, and shall be
binding on the Landowner, its administrators, executors, assigns, heirs and any
other successors in interests, including any property owners association.
STORM WATER FACILITY MAINTENANCE AGREEMENT
4
Rev. 01 /09/2007 '"'
Executed this
of 20Da
Landowner City
Tom S. Mackie City of Fort Worth
I
Tom S. Mackie Fernando Costa
Manager-Authoriz ep Assistant City Manager
Approved as to Form and Legality
i K. P.
Assist t City Attorney
2 liiiiiiiiii ATTEST
llililll:ll ISO liiiiiiiiiiii Million�ontrac �uthor1zatiOR
C7I
date City Secretar
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01/09/2007
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged on before me on D 'Aq jlox by:S�:F�k O
Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
Qt�:'s°°°'' HETTIEIANE
** MY COMMISSION EXPIRES
July 26, 2011
NOV
STATE OF TEXAS §
COUNTY OF DALLAS §
Notary Public, State of Texas
Before me, the undersigned authority on this 3�t� day of
2008, personally appeared Tom S. Mackie, 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 5 W Ac.,eAe4.. and that
he executed the same as its 72keje. 1114411.,000W and as the act of such ��Cu7�
and for the purposes and consideration expressed in the foregoing instrument.
Notary Public, State of Texas
Marcran►M
MY COMMISSION EXPIRES
June 12, 2012
STORM WATER FACILITY MAINTENANCE AGREEMENT 6
Rev.01/09/2007
E LUMII "A"
LEGAL DESCRIPTION
DETENTION POND No.l
BEING a tract of land situated in the A.F. Albright Survey, Abstract No. 1849, Tarrant County, Texas and
being a portion of a tract of land as described in a deed to Hartman-RPC, LLC, a limited liability company,
as recorded in Document Number D208207492, Deed Records, Tarrant County, Texas, and being more
particularly described as follows:
COMMENCING at a 1/2 inch iron rod found marking the intersection of a north line of a 75 foot Texas
Electric Service Company Easement as recorded in Volume 2037, Page 277, Deed Records, Tarrant
County, Texas, and the westerly Right -of -Way line of North Main Street (variable width Right -of --Way),
said point marking the southeast corner of said Hartman-RPC, LLC tract;
THENCE, South 89°27'S7" West, along the common line between said Texas Electric Service Company
Easement and Hartman-RPC, LLC tract, a distance of 113.72 feet to a point;
THENCE, North 00°32'03" West, a distance of 35.00 feet to the POINT OF BEGINNING and the
southeast corner of the herein described private drainage and detention easement;
THENCE, South 89°27'S7" West, parallel with the common line between said Texas Electric Service
Company Easement and Hartman-RPC, LLC tract, a distance of 465.35 feet to a point for corner;
THENCE, North 02°46'S7" West, a distance of 92.07 feet to a point for corner;
THENCE, North 89°27'S7" East, parallel with the common line between said Texas Electric Service
Company Easement and Hartman-RPC, LLC tract, a distance of 406.05 feet to a point for corner;
THENCE, North 24°47' 19" East, a distance of 42.45 feet to a point for corner;
THENCE, South 65012'41" East, a distance of 49.51 feet to a point for corner;
THENCE, South 00032'03" East, a distance of 109.20 feet to the POINT OF BEGINNING and containing
a computed area of 1.023 acres (44,570 square feet) of land.
The Bases of Bearings for this description is based on the Texas State Plane Coordinate system for the
North Central Zone (NAD 1983).
J:�FIELD NOTE DESCRIPTIONS\AC 181-08 Fort Worth Truck CenteADetention area 1 & 2 Legal Description.doc
Page 1 of 4
W VW, SURVEYINGCOMPANY.COM
"RI -TECH DFT z
SURVEYING COMPANY L.P
HARTMAN NORTH
'MAIN STREET
ADDITION
BLOCK 1
Ua
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2825 Exchange Blvd., Suite 104
Phone:
(817)
442-5511
Southlake,Texas 76092-9152
Fax:
(817)
416-9198
Hartman—RPC, LLC, a limited liability company,
recorded in Document Number D208207492,
Deed Records, Tarrant County, Texas.
30' WATER MAIN EASEMENT
VOL. 17432, Pg. 334
D.R.T.C.T.
CCFNo.
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PG.
P.O.B.
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DETENTION POND No.1
� PRIVATE
STORM DRAIN ESMT —
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LEGEND:
— COUNTY CLERK'S FILE NUMBER EXHIBIT "A"
NUMBER DETENTION POND No.1
— VOLUME 1.023 ACRES / 44,570 S.F.
— PAGE
— POINT OF BEGINNING IN THE A.F. ALBRIGHT SURVEY ABSTRACT No. 1849,
— POINT OF COMMENCING CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
— SQUARE FEET
IRON ROD FOUND JULY, 2008
CAPPED IRON ROD SET
OFFICIAL PUBLIC RECORDS, COLLIN CO, TEXAS
DEED RECORDS, COLLIN CO, TEXAS
SHEET 2 OF 4
E < 4 1 gIT .a.,
LEGAL DESCRIPTION
DETENTION POND No.2
BEING a tract of land situated in the A.F. Albright Survey, Abstract No. 18491 Tarrant County, Texas and
being a portion of a tract of land as described in a deed to Hartman-RPC, LLC, a limited liability company,
as recorded in Document Number D208207492, Deed Records, Tarrant County, Texas, and being more
particularly described as follows:
COMMENCING at a 1/2 inch iron rod found marking the intersection of a north line of a 75 foot Texas
Electric Service Company Easement as recorded in Volume 2037, Page 277, Deed Records, Tarrant
County, Texas, and the westerly Right -of -Way line of North Main Street (variable width Right -of --Way),
said point being the southeast corner of said Hartman-RPC, LLC tract;
THENCE, South 89°27'S7" West, along the common line between said Texas Electric Service Company
Easement and Hartman-RPC, LLC tract, a distance of 1245.05 feet to a 1/2 inch iron rod found marking the
southwest corner of said Hartman-RPC, LLC tract;
THENCE, North 00°19'34" West, a distance of 178.99 feet to a point;
THENCE, North 78°53'47" East, a distance of 25.45 feet to the POINT OF BEGINNING and the westerly
southwest corner of the herein described private drainage and detention easement;
THENCE, North 00°19'34" West, a distance of 121.55 feet to a point for corner;
THENCE, North 44050' 15" East, a distance of 5.64 feet to a point for corner;
THENCE, North 89°40'26"East, a distance of 41.21 feet to a point for corner;
THENCE, South 30032303" East, a distance of 77.38 feet the point of curvature for a curve to the left;
THENCE, Southeasterly, a distance of 125.66 feet along the arc of said curve, having a radius of 120.00
feet, a central angle of 60°00'00" and a chord whichbears South 60°32'03" East, a distance of 120.00 feet
to the point of tangency of said curve;
THENCE, North 89°27'57" East, a distance of 72.85 feet to a point for corner;
THENCE, South 30032'03" East, a distance of 50.86 feet to a point for corner;
THENCE, South 87002'09" West, a distance of 57.18 feet to a point for corner;
THENCE, North 81052152" West, a distance of 218.91 feet to a point for comer;
THENCE, North 41006' 13" West, a distance of 20.00 feet to the POINT OF BEGINNING and containing a
computed area of 0.454 acres (19,795 square feet) of land.
The Bases of Bearings for this description is based on the Texas State Plane Coordinate system for the
North Central Zone (NAD 1983). o,� �
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Page 3 of 4
WATER BOARD
D.R.T.C.T.
P.O.B.
N78653'47
25.45'
PRIVATE
STORM DRAIN
EASMENT
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TRI-TECH DFU Z,
SURVEYING COMPANYL.P
WVW, SURVEYINGCOMPANY.COM
2825 Exchange Blvd., Suite 104
Phone:
(817)
442-5511
Southlake,Texas 76092-9152
Fax:
(817)
416-9198
HARTMAN NORTH
N���
MAIN STREET °
ADDITION °°®°°°°®° °f °n•o•e •°•e•
ALLEN L. 'REWSTER
LOT 1 4054 .":�`''�;
BLOCK 1
Hartman—RPC, LLC, a limited liability company,
41,21'/
N8s"E recorded in Document Number D208207492, /
1.21 LP Deed Records, Tarrant County, Texas. 0 50 100
4
1173
r' /
i oj.000, DETENTION POND No.2
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41 &, 4 '125.66' N89'27'57"E S 89027'57" W 1106.82'
c'p�a 0 00 72 5 kP 'SEWER � 15R EASMENT BY PLAT
1 oo•`�Ly o' S 89'2T57" W 1101.370 /_
so ` N81052' W .�.
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57,18' LONE STAR GAS EASEMENT
S87602'09"W VOLUME 2958, PAGE 571 / 2S
D.R.T.C.T.
6 rn _ — FND TXDOT CONC,
15' SEWER APPROXIMATE LOCATION — _ Q
EASEMENT IONE STAR GAS FASBRASS DISK
FMFNT � ' - � T
BY PLAT VOLUME 2282, PAGE 352 ISO BRASS
15' D.R.T.C.T.----------
30WATER MAIN EASEMENT 75 TEXAS ELECTRIC SERVICE /�
VOL. COMPANg. 277 P•0•C• ��63
AF
n VOL. 17432, Pg. 334
D.R.T.C.T.
FND 5 8 IR D.R.T.C.T.
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LEGEND:
— COUNTY CLERK'S FILE NUMBER EXHIBIT "A"
NUMBER DETENTION POND No.2
VOLUME 0.454 ACRES / 19,795 S.F.
PAGE
POINT OF BEGINNING IN THE A.F. ALBRIGHT SURVEY ABSTRACT No. 1849,
POINT OF COMMENCING CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
SQUARE FEET
IRON ROD FOUND JULY, 2008
CAPPED IRON ROD SET
OFFICIAL PUBLIC RECORDS, COLLIN CO, TEXAS
DEED RECORDS, COLLIN CO, TEXAS
SHEET 4 OF 4
pp
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HARTMAN NORTH MAIN
FORT WORTH, TEXAS
GRADING PLAN
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LTI- TENANTPPCILITY 1 \I
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ENGINEERING
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HARTMAN NORTH MAIN
FORT WORTH, TEXAS
GRADING PLAN
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Exhibit "C"
CITY OF FORT WORTH STORM WATER FACILITY
OPERATION AND MAINTENANCE PLAN
The only responsibility the City of Fort Worth has in the operation and
maintenance of this Facility is inspection.
General Maintenance Procedures
The structural and functional integrity of the Facility shall be maintained at all
times by removing and preventing drainage interference, obstructions, blockages,
or other adverse effects into, through, or out of the system.
Periodic silt removal shall occur when standing water conditions occur or the
pond's storage volume is reduced by more than 10%. Silt shall be removed and
the pond/basin returned to original lines and grades shown on the approved
engineering plans. In addition, corrective measures are required any time a basin
does not drain completely within 72 hours of cessation of inflow. NO STANDING
WATER IS ALLOWED in basins designed for dry detention purposes.
Accumulated litter, sediment, and debris shall be removed every 6 months or as
necessary to maintain proper operation of the basin. Disposal shall be in
accordance with federal, state and local regulations.
Detention facilities shall be mowed monthly between the months of April and
October or anytime vegetation exceeds 12-inches in height.
To prevent debris from entering and clogging the downstream storm sewer
system a wire mesh screen or similar screening device shall be installed over the
outlet until final acceptance.
4. PREVENTIVE MAINTENANCE/INSPECTION
• Visual inspections of all components will be conducted every 6 months.
• A log shall be kept of maintenance actions, and inspections. The log
should document the condition of the detention system 's primary
components, mowing, and silt, litter and debris removal dates. Document
aeration of the basin bottoms and replanting to prevent the sealing of the
basin bottom.
• Written maintenance and repair records shall be maintained by the
party or parties signing the attached Agreement and shall be provided
to the City upon request.
STORM WATER FACILITY MAINTENANCE AGREEMENT 8
Rev. 01/09/2007
Exhibit
Storm Water Structural Maintenance CHECKLIST
FREQUENT
INSPECTION
DATE
REPAIRS
REQUIRED
REPAIRS
MADE
NOTES
Mowing
Remove Trash and
debris
Inspect irrigation
system operation
Remove grass
clippings
Violations Noted
MINOR
INSPECTION
Condition of Pond
Amount of silt in
pond
Amount of silt in
flume
Amount of ponded
water
Amount of wetland
vegetation
Location of Erosion
Percent of
vegetation
Condition of trash
guard
Location of Erosion
MAJOR
INSPECTIONS
Condition of Storm
Water Quality
Structure
Type of Storm
Water Quality
Structure
Structure type and
Condition
Condition of Rip -
STORM WATER FACILITY MAINTENANCE AGREEMENT 9
Rev. 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
Rev. o1/O9/2007
10
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Page 1 of 1
Mayor and Council Communication
DATE: Tuesday, October 21, 2008
LOG NAME: 20TOM S MACKIE
REFERENCE NO.: **C-23138
SUBJECT:
Authorize Execution of One Storm Water Facility Maintenance Agreement from Tom S. Mackie for
Property Located North of Northwest Loop 820 and South of Longhorn Road in North Fort Worth
,a� _ ,,.. ,� _�_.� � �� � r r, , .
RECOMMENDATION:
It is recommended that the City Council authorize the execution of one Storm Water Facility Maintenance
Agreement from Tom S. Mackie for property located north of Northwest Loop 820 and South of Longhorn
road in north Fort Worth.
DISCUSSION:
The Storm Water Facility Maintenance Agreement is necessary to assure proper maintenance of two
detention pond facilities by the owner, Tom S, Mackie. The maintenance of these facilities shall occur at no
expense to the City of Fort Worth.
The detention ponds will serve the Hartman North Main Street Addition. The facilities are 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 facilities are located north of Northwest Loop 820
and south of Longhorn Road in north Fort Worth.
The facilities are located in COUNCIL DISTRICT 7, Mapsco 48E.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services 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'
Originating Department Head:
Additional Information Contact:
Fernando Costa (8476)
A. Douglas Rademaker (6157)
Jill Griffin (6253)
http://www. fortworthgov. org/council�acketlReports/mc�rint. asp 10/21 /2008
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