HomeMy WebLinkAboutContract 53927 May 26, 2020 CSC No. 53927
8:29 AM
City Project# 101565
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of May 20 , IDID ,
by and between Pate Ranch Single Family,, LAP. , acting by and through _Julian Hawes,
Jr.-, 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 0.987 acre tract located in the John F. Heath Survey, Abstract 641 ,
Tarrant County, Texas according to the deed recorded in County Clerk Document Number
13215250077 , 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 _Tavolo Park (City Project
#101565) 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
Stormwater 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 Stormwater Management Facilities be constructed and maintained on a portion
of the Property;and
WHEREAS, the City requires that on-site Stormwater Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.11/17/2016 1�
e w-4-if _ RECORr
FT WORTH,Tx
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
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 Stormwater 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 Stormwater Facility
includes all pipes, channels or other conveyances built to convey Stormwater
to the facility, as well as all structures, improvements, and vegetation provided
to control the quantity and quality of the Stormwater. Adequate maintenance is
herein defined as good working condition so that these facilities are performing
their design functions. The Stormwater 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.1 111 7/20 1 6
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 as specified herein, the City, its authorized
agents and employees, may enter upon the Facility Property and take whatever
steps necessary to correct deficiencies identified in the inspection report and to
charge the costs of such repairs to the Landowner, its successors and assigns.
It is expressly understood and agreed that the City is under no obligation
to routinely maintain or repair said Facility, and in no event shall this
Agreement be construed to impose any such obligation on the City, such
obligation is Landowner's.
5. The Landowner, its successors and assigns, will perform the work necessary to
keep the Facility in good working order as appropriate. In the event the City
pursuant to this Agreement,performs work of any nature, or expends any funds
in performance of said work for labor, use of equipment, supplies, materials,
and the like, the Landowner, its successors and assigns, shall reimburse the
City upon demand,within thirty(30) days of receipt thereof for all actual costs
incurred by the City hereunder. In the event that Landowner or its successors
or assigns fail to pay the City for the costs incurred under this section, the City
shall impress a lien for the costs of such work upon other lots owned by the
Landowner. Such lien shall be perfected by filing in the office of the County
Clerk of Tarrant County, Texas an affidavit identifying the property to be
charged with such lien, stating the amount thereof, and making reference to
this Agreement.
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE
AND DOES HEREBY INDEMNIFY,HOLD HARMLESS AND DEFEND
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/17/2016
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 LANDOWNER OR ANY FUTURE OWNERS OF THE
ABOVE FACILITITY PROPERTY TO MAINTAIN THE FACILITY,
INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF
THE DETENTION POND; ANY DAMAGES CAUSED TO PERSON OR
PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS
BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE POND, OR (3)
FAILURE OF THE POND OR ITS BANKS TO OPERATE IN A
MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA
TO PERFORM ANY OTHER 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, 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.
[SIGNATURE PAGE FOLLOWS]
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.11/17/2016
Executed this day of 20ZD
Landowner City of Fort Worth
Pate Ranch Single Family, L.P. Dana6urgndoff(May20,z 12:16CDT
a Texas Limited Partnership NAA 5%4 AX,-tr
Assistant City Manager
By:PRA Pate Ranch GP, LLC
a Texas Limited Liability Company Approved as to Form and Legality
it's Administrator F01 i.
Chris-fa)?I-g=--Reynolds
By: Christy R.Lopez-Reynolds(May 20,202011:15 CDT) y y�
41e:
e: Juli w ,Jr. Assistant City Attorney
Vice ¢
ATTEST
City Secretary
rFT.
CIAL RECORD
Y,ySI/ECCRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT YY�p TH, 'Tx
Rev.11/17/2016
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before;m* a on May 21, 2020 by
Zt4¢,4jW,Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth. �P{
LAURIE Digitally aVW by LAURIE
PEQU ENO LEWIS X
PEQUENO LEWIS Date:2020.05.2108:04:50-0600' WarLV Y.
Notary Public, State of Texas 6
W N��
4
STATE OF TEXAS §
COUNTY OF DALLAS §
Before me, the undersigned authority on this day of AD
2Q personally appeared Julian Hawes, Jr., known tome to be the pers n whose name
is subscribed to the foregoing instrument and acknowledged to me that the same is the act
of Pate Ranch Single Family, L.P. , and that he executed the same as its Authorized
Representative` and as the act of such Limited Partnership and for the purposes and
consideration expressed in the foregoing instrument.
Vl r1
�•`"•""'% KAYLA FINSTEIN
Notary bli 'c State of Texas
Notary Public,State of Texas
'• 7; Comm. Expires 06-14-2022
F..•1�+
Notary ID 131605529
OFFICIAL.RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT CII�SECRETARY Rev.11/17/2016F =��
Contract Compliance Alanager
By signing I acknowledge that I ani the person responsible
for[lie monitoring and administration of this contract,including
ensuring PH performance and mpoitingrequirement%
lam �S
dh `T Janie S, Morales
Development Services Managger
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
i
i
EXHIBIT 'A"
PERMANENT DRAINAGE FACILITY EASEMENT
A PART OF THE J. HEATH SURVEY, ABSTRACT NO. 641,
CITY OF FORT WORTH, TARRANT COUNTY TEXAS
PROPERTY DESCRIPTION
BEING a tract of land situated in the J. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County,
Texas, being a portion of that certain tract of land described as Tract C-1 by deed to Pate Ranch Single
Family, LP, recorded in County Clerk's Document Number D215250077, Deed Records, Tarrant County, Texas, said
tract of land being more particularly described by metes and bounds as follows:
COMMENCING at a found P.K. Nail with shiner stamped "DUNAWAY ASSOC. LP" set in concrete by metal fence
post in the southerly right—of—way line of Altamesa Boulevard (a variable width right—of—way), the northwest
corner of that certain tract of land described as Tract B-1, by deed to Pate Ranch Commercial, LP, recorded in
County Clerks Document Number D215248527, Deed Records, Tarrant County, Texas and in the easterly line of
that certain tract of land described as Tract 1 in the deed by deed to S.W. Richardson, recorded in Volume
1846, Page 459, Deed Records, Tarrant County, Texas, from which the northeast corner of said Tract 1, S.W.
Richardson tract bears North 20'33'54" West, a distance of 47.28 feet to a wooden cross—tie fence post;
South 20'33'54" East, departing the southerly right—of—way line of said Altamesa Boulevard, with the
common line of said tract B-1 and S.W. Richardson tract, a distance of 1,691.73 feet to a point for the
northwesterly corner of that certain tract of land described as Tract C, by deed to Pate Ranch
Commercial, LP, recorded in County Clerks Document Number D215248528, Deed Records, Tarrant County,
Texas, the north corner of said Tract C-1, being in the centerline of future Bryant Irvin Road (proposed 10'
width public right—of—way) and the beginning of a non—tangent curve to the left having a central angle of
35'44'12", a radius of 1,500.00 feet and a chord bearing and distance of South 03'40'34" East — 920.49
feet;
With said non—tangent curve to the left in a southeasterly direction, an arc length of 935.58 feet to a
point;
THENCE North 68'27'20" East, departing the future centerline of said Bryant Irvin Road and crossing into said
Tract C-1, a distance of 55.00 feet to the POINT OF BEGINNING of the herein described tract;
THENCE North 24'32'46" East, a distance of 13.92 feet to a point;
THENCE North 70'26'18" East, a distance of 75.88 feet to a point for the beginning of a curve to the right
having a central angle of 06'47'00", a radius of 960.00 feet and a chord bearing and distance of North
73'49'48" East — 113.59 feet;
THENCE with said curve to the right in a northeasterly direction, an arc length of 113.66 feet to a point;
THENCE North 77'13'19" East, a distance of 4.48 feet to a point;
THENCE South 58'22'40" East, a distance of 14.29 feet to a point;
Continued.....
O• f •
STEPHEN R. GLOSUP
�;.� 5570 P;:
V'%opo;�yo
'� SU RD
A metes and bounds description of 1` DUNAWAY/
even date accompanies this drawing. 550 Bailey Avenue•Suite 400•Fort worth,Texas 76107 �///P PAGE 1 OF 5
Tel21
DATE: FEBRUARY 14, 2019 REGISTRATION
110
FIRM REGISTRATION10098100 DUNAWAY JOB N0. B001951,018
EXHIBIT "A"
PERMANENT DRAINAGE FACILITY EASEMENT
A PART OF THE J. HEATH SURVEY, ABSTRACT NO. 641,
CITY OF FORT WORTH, TARRANT COUNTY TEXAS
PROPERTY DESCRIPTION
THENCE South 77'12'48" West, a distance of 14.83 feet to a point for the beginning of a curve to the left having
a central angle of 06'02'50", a radius of 950.00 feet and a chord bearing and distance of South 74'11'23" West
— 100.22 feet;
THENCE with said curve to the left in a southwesterly direction, an arc length of 100.27 feet to a point for the
beginning of a non—tangent curve to the left having a central angle of 16'34'37", a radius of 2,265.00 feet and
a chord bearing and distance of South 22'27'56" East — 653.03 feet;
THENCE with said curve to the left in a southeasterly direction, an arc length of 655.31 feet to a point;
THENCE South 63'10'16" West, a distance of 53.30 feet to a point;
THENCE North 26'49'44" West, a distance of 530.48 feet to the beginning of a curve to the right having a
central angle of 05'17'04", a radius of 1,445.00 feet and a chord bearing and distance of North 24'11'12" West —
133.23 feet;
THENCE with said curve to the right in a northwesterly direction, an arc length of 133.28 feet to the POINT OF
BEGINNING and containing a calculated area of 43,011 square feet or 0.987 acres of land.
NOTES: The basis of bearings for this Easement is the Texas Coordinate System of 1983, North Central Zone,
4202, based upon CPS measurements, according to the CPS Reference Network.
The metes and bounds description contained herein was compiled from information contained in recorded
documents and does not reflect the results of an on the ground survey.
A drawing of even date accompanies this metes and bounds description.
DUNAWAY JOB NO. 8001951.018 PAGE 2 OF 5
J�W_/a' OF EXHIBIT"A"
5tephefi R.Glosup -F. ;�•l�
Registered Professional Land Surveyor ,`P•.G%S T FR.•f9 PERMANENT DRAINAGE
Texas Registration No.5570 �,; `, F`o; p FACILITY EASEMENT
February14,2019 ' q '
STEPHEN R. GLOSUP A PART OF THE TRACT OF LAND
:° RECORDED IN C.C.D. NO,
DUNAWA�/ •� 5570
9 D�FESS1�:•' � D215250077, DEED RECORDS,
•�y TARRANT COUNTY,TEXAS
550 Bailey Avenue • Suite 400 • For1 Worth,Texas 76107 S U R V
Tel:817.335,1121 Situated In the J. Heath Survey, Abstract No, 641,
FIRM REGISTRATION 10098100 City of Fort Worth, Tarrant County, Texas.
EXHIBIT "A"
PERMANENT DRAINAGE FACILITY EASEMENT
A PART OF THE J. HEATH SURVEY, ABSTRACT NO. 641,
CITY OF FORT WORTH, TARRANT COUNTY TEXAS
POINT OF
COMMENCING
PK NAIL WITH SHINER FOUND
X-TIE STAMPED "DUNAWAY ASSOC. LP"
FENCE
POST ALTAMESA BOULEVARD
(VARIABLE WIDTH
N20.33.54-W RIGHT—OF—WAY
47.28' N
TRACT 1 Na TRACT B-1
S.W. RICHARDSON �i0 w PATE RANCH
VOLUME 1846, LP COMMERCIAL. LP
PAGE 459 C.C.D. NO.
D.R.T.C.T, D215248527
D.R.T.C.T.
RON JENNETTE
S20'33'54"E/ TRUSTEE OF THE
1691.73' ALDERS GATE
TRUST
10
D2180647116 '30 641
D.R.T.C.T. �� �Q•
TRACT 1 — ,A
S.W. RICHARDSON �►�"G
VOLUME 1846, P85
PAGE 459
D.R.T.C.T. r
I
A--35'44'12"
R=1,500.00'
L=935.58' TRACT C
CB=S3'40'34"E PATE RANCH
CD=920.49' SINGLE FAMILY, LP
D215248528
D.R.T,C.T.
0 200'
FUTURE BRYANT TRACT C-1
IRVIN ROAD , PATE RANCH — SCALE FEET
SINGLE FAMILY, LP 1"= 200'
(PROPOSED 110' D215250077
WIDTH PUBLIC ROW) D.R.T.C.T.
MATCH LINE
..0 F..T
P.••1 S T r••F-k
C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER �:4' * R�.o•:
D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS STEPHEN R. GLOSUP
- 5570
9iji
•:o •
••;f S S 1 -0t•:• O
DUNAWA S U Rv
A metes and bounds description of Y
even date accompanies this drawing. 550 Bailey Avenue•Suite 400• Fort Worth,Texas 76107
Tel:817,335,1121 ��I1/�/Q PAGE 3 OF 5
DATE: FEBRUARY 14, 2019 FIRM REGISTRATION 100981DO DUNAWAY JOB NO. 8001951,018
EXHIBIT "A"
PERMANENT DRAINAGE FACILITY EASEMENT
A PART OF THE J. HEATH SURVEY, ABSTRACT NO. 641,
CITY OF FORT WORTH, TARRANT COUNTY TEXAS
MATCH LINE
1
a=35'44'12" 1
R=1,500.00'
L=935.58' 1 1-4
CB=S3'40'34"E
CD=920.49'
\ L2 3 �6
L1
TRACT C-1
PATE RAC
POINT O A SINGLE FAMILY,LP
C.C.D. NO.
BEGINNING D215250077
D.R.T.C.T. TRACT C
PATE RANCH
SINGLE FAMILY, LP
C.C.D.NO.
D215248528
nW D.R.T.C.T.
43,011 SQUARE FEET �61
0.987 ACRE
PERMANENT DRAINAGE G
FACILITY EASEMENT
�0
\Fo y2� Iq1�
s'o 2
J�O - -
�O
TRACT 1
S.W. RICHARDSON TRACT C-2
VOLUME 1846, PATE RANCH
PAGE 459 SINGLE FAMILY, LP
D.R.T.C.T. C.C.D. NO.
D216183914
\ D,R,T.C.T.
\ 0 200'
SCALE FEET
\ 1`= 200'
OF
G�STER••�9
C.C.D. NO. = COUNTY CLERK'S DOCUMENT NUMBER
D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS STEPHEN R. GLOSUP
�;� 5570 P;:
9y °�'ess 1 o;••yo
~DUNAWAY SUR�
A metes and bounds description of
even date accompanies this drawing. 550 Bailey Avenue • suite 400•Fort Worth,Texas 76107 /y/D
Tel:817.335.1121 l PAGE 4 OF 5
DATE: FEBRUARY 14, 2019 FIRM REGISTRATION 10098100 DUNAWAY JOB NO. 8001951.018
EXHIBIT "A"
PERMANENT DRAINAGE FACILITY EASEMENT
A PART OF THE J. HEATH SURVEY, ABSTRACT NO. 641,
CITY OF FORT WORTH, TARRANT COUNTY TEXAS
LINE TABLE
Line # Line Bearing Line Length
Ll N68°27'20"E 55.00
L2 N24°32'46"E 13.92
L3 N70°26'181 75.88
L4 N77°13'19"E 4.48
L5 S58°22'40"E 14.29
L6 S77°12'48"W 14.83
L7 S63°10'16"W 53.30
L8 N26-49'44"W 530.48
Curve Table
Curve# Length Radius Delta Chord Bearing Chord Distance
Ci 113.66' 960.00' 6"47'00" N73'49'48"E 113.59'
C2 100.27' 950.00' 6°02'50" S74'11'23"W 100.22'
C3 655.31' 2265.00' 16"34'37" S22'27'56"E 653.03'
C4 133.28' 1445.00' 5'17'04" N24°11'12"W 133.23'
P�;'�g7••Te
STEPHEN R. GLOSUP
5570
-f 'oFESS o�;.•yo
1
DUNAWA S Rv
A metes and bounds description of y • ����
even date accompanies this drawing. 550 Bailey Avenue• Suite 400- Fort Worth,Texas 76107
Tel:817,335.1121 Z�Y�p PAGE 5 OF 5
DATE: FEBRUARY 14, 2019 FIRM REGISTRATION 10098100 DUNAWAY JOB NO. B001951.018
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Exhibit "C"
CITY OF FORT WORTH STORMWATER 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev.11/17/2016
Exhibit "D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT REPAIRS REPAIRS
INSPECTION DATE REQUIRED 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
and
Amount of silt in
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
Stormwater Quality
Structure
Type of Stormwater
Quality Structure
Structure type and
Condition
Condition of Rip-
Rap
STORMWATER FACILITY MAINTENANCE AGREEMENT (]
Rev. 11/17/2016
Condition of
filtrations stem
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 11
Rev.11/17/2016