HomeMy WebLinkAboutContract 39016 (2)• AaR •
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STORM WATER FACILITY
MAINTENANCE AGREEMENT
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THIS AGREEMENT made and entered into thi's by and
between Crowley Independent School District, acting by and through Greg Gibson,
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 19.009 acre tract located in the Isabel Flores Survey, Abstract No. 507, and
Lot I, Block 1, Crowley Intermediate School No. 14 Addition, Fort Worth, Tarrant
County, Texas according to the Plat recorded in Cabinet A, Slide 12729, Plat Records,
Tarrant County, Texas and being more particularly described by metes and bounds in
Exhibit "A", hereinafter called the "Property".
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Crowley Intermediate School No.
14 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 all be constructed and adequately maintained by the
Landowner, its successors and assigns, the location and dimensions of which is shown andtF
OFFICIAL RECORD
CITY SECRET,��
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01/09/2007
1
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 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
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01 /09/2007
2
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
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
STORM WATER FACILITY MAINTENANCE AGREEMENT 3
Rev. 01/09/2007
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 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 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
Rev. 01/09/2007
� sc��a— "
Executed this �� day of 20M.
Landowner
Crowley Independent School District
Title :Superintendent
OFFICIAL RECORD
CITY SECRETARY
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01 /09/2007
City
City of Fort Worth
Fernando Costa
Assistant City Manager
Approved as to Form and Legality
Assistant Iffity Attorney
ATTEST
�-a3"11a
�afttraCt author i zatioa
Date
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on us+ �i 1&) by
Fernando Costa, Assistant City Manager of the City of Fort Wor , on behalf of the City
of Fort Worth.
STATE OF TEXAS §
COUNTY OF TARRANT §
otary Public, State of Texas
EVONIA DANIELSMY
COMMISSION EXPIRES
July 10, 2013
tLF6
Before me, the undersigned authority on Y"fi VP 2009,
personally appeared Greg Gibson, 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
Crowley Independent School District, and that he executed the same as its Superintendent
and as the act of such and for the purposes and consideration expressed in the foregoing
instrument.
Notary Public
STATE OF TE 'k
E pi tE,i
My Comm. Exp. May 8, 20'; 0 j
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01/09/2007
Not,�r� Public, State of T
EXHIBIT "A"
Being a 0.919 acre portion of Lot 1, Block 1, Crowley Intermediate School No.
14 Addition, an addition to the City of Fort Worth, Tarrant County, Texas, as
shown by plat recorded in Cabinet A, Slide 12729, Plat Records, Tarrant
County, Texas, and being more particularly described by metes and bounds as
follows:
BEGINNING at a 1/2 inch capped iron rod stamped "Goodwin Marshall" found for the
northeast corner of said Lot 1, same being on the west right-of-way line of West
Cleburne Road (a 30 feet wide right-of-way), ;
THENCE South 00°13'09" West, a distance of 160.31 feet to a point;
THENCE South 45°01'37" West, over and across said Lot 1 a distance of 43.28 feet to
a point;
THENCE South 89°50'05" West, a distance of 189.42 feet to a point;
THENCE North 00°09'55" West, a distance of 175.23 feet to a point to the north line of
said Lot 1;
THENCE North 89°41'57" East, with said north line a distance of 104.44 feet to a 5/8"
capped iron rod stamped "TNP" found for corner on the east right-of-way line of Oak
Springs Lane (a 50 feet wide right-of-way);
THENCE North 00°13114" East, with said east right-of-way line a distance of 16.11 feet
to a 5/8" capped iron rod stamped TNP" found for corner on the north line of said Lot
1;
THENCE South 89°46146" East, a distance of 116.65 feet to the POINT OF
BEGINNING and containing 0.919 acres of land, more or less.
Date: January 30, 2009
Ric y L. entry, R.P.L.S.
Te as Registration No. 5519
RICKY L • GENTRY
....................o...
A_ 5519 r
SUR`�
Bearings are based on the Texas
State Plane Coordinate System,
North central Zone (NAD83)
Integral parts of this survey:
a. Legal Description
b. Sketch
Sheet 1 of 2
0 30 60 120
SCALE: 1 " = 60' i
STONE MEADOW ADDITION
CAB. A, SLIDE 11094
P.R.T.C.T.
LOT 12
LOT 13
0.919 ACRE
STORM WATER
DETENTION FACILITY
NOTES:
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EXHIBIT "A"
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BRIDGESTONE DRIVE
W _ (50' RIGHT-OF-WAY)
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LOT 46
3'14"E (LINE FOR DIRECTIONAL CONTROL
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9'411'57"E � \ �cooDwlN
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"TNP"
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S89'S0'05
LOT 1, BLOCK 1,
CROWLEY INTERMEDIATE SCHOOL
No. 14 ADDITION
CAB. A, SLIDE 12729
P.R.T.C.T.
1. Bearings are based on the Texas
State Plane Coordinate System,
North Central Zone (NAD>33).
2. Integral parts of this survey:
a. Legal Description
b. Sketch
RI Y .GENTRY, R.P.L.S
T xas egistration No. 5519
January 30, 2009
Date:
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.............................
RICKY L GENTRY
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'tA 5519 �i�.
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0.919 ACRE
STORM WATER
�ETENTI�N EACI�ITY
Situated in
LOT 1, BLOCK 1
Crowley Intermediate School
No. 14 Addition
City of Fort Worth
Tarrant County, Texas
41
L:\PROJECTS\CSD
�� TEACUE HALL AND PERK/NS
- -- Civil Engineering Surveying Landscape Architecture Planning
iNc. 1100 Macon Street Fort Wortl>; TX 76102
y\easements\STORM WATER DETENTION.dwg (817) 336-5773
SHEET 2 OF 2
Exhibit
• V 1 •- •-
• - e - . 1 -
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 12-1nches 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
Rev. 01/09/2007
Exhibit "D"
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
and
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
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 � 0
Rev. 01 /09/2007
0
30
BO
f20
SCALE:
1'
= 60'
1 ..3 1CrrY
OF FORT WORTH, TEM
,1
I
IEAGUENALLANDPERK/NS
EMG/N[ERS � 37MYlPORf � flUl/fU1Tl1!!IZ
eeponehre Service. Re!leble Results
/tic. Wwyytnp-onOnecom
1100 Macon street
Fart Werth, Taxes 70102
P1ase:r/1])xde-61Td F4x:(s11)dt6-xefd
tE� g6scBlPnoN
Belny a 19A09 acre foci of land st nit d NMie }he Isabel Independent
choocf No.
50], and being sad that some Ins of land o. D20ed to 2. Deg IRecpeMnt School
01stric1 by dead recorded In Instrument rib 0by males Dead Records, Taman: County,
Texas, and being more padlwlariy described by males and booths as follows:
BEGINNING of a 1/2 inch Iron rod found for the southeast comer of said Hubn Nual,
and Wing the southwest comer of a,toct of land described to Golden Springs, LP.,
by bad retarded In Instrument No, D204369016, of said Dead Records, some being
also on the north dght-ef-way line of West Cleburne Road (a variable width
dpht-of-way);
THENCE South OW50'05' Wast, with sold north right-of-way line, a distance of
1.129.93 feat to a P.K. nail set In asphalt for owner on the east right-of-way One of
South Nolan street (a 120 feet wide right-of-way);
THENCE North OTI9'26' West, with sold toil dghl-of-ray line, a distance of 844.55
fast Io a 1/2 Inch Iron red Nfh cap stamped 'Goodwin Morshd'found for comer,
me being the •outnwast comer of Store Meadow Addition, on addition to the City of
Fori Worn, as shown by plot recorded In Cabinet A. Slide 1t094, Plot Recorder Tortoni
Count', Texas;
THENCE with the southerly Me of sold addition, the following courses and distances:
Nodh 89'42'09' East, a distance of 110.00 feet to a 5/8 Inch Ion rod with
sap stamped 'TtIP' sat for comer on the west right of way line of Boulder
Canyon Trau (a 50 foot wale dyhl-of-war):
South 00'17'48' East, with sold wool right-of-way, a distance of 7.06 feel In a
5/8 Inch Iron red with cop stamped TNP' set for the soufhereat comer of sold
Boulder Canyon Troih
North 8Y42112' East, Passing of a distance of 50.04 feat, a 1/2 Inch Iron red
r) h cap stomped 'Goodwin Manhair found for the southeast Owner of acid
Boulder Canyon Trail, a total distance of 160.00 feet to a 1/2 Inch Ion had with
cap stomped 'Gaodwln Marshall' found for corner,
win 00'17'01' East, a distance of 165.52 feet to a 1/2 inch Iron rod with cop
stamped 'Goodwin Nanholi' found for comer,
Nodh 89'42'27m East, a distance of 110.00 foal to a 1/2 inch Iran red with cap
stamped 'Goodwin 4arzhair found for comer m the wext right -of -ray lino of
orchard Creek Road (e 50 feet wide right of -way);
South 00'17'33' Ecst, a distance of 15.00 fast to a 5/8 Inch ion rad with cop
stomped TNP' set for the southwest comer of sold right-of-way:
North 89'42'27' East, a distance o1 50.00 feet to a 5/8 Inch iron rod with cap
stamped 'INP' sat for the southeast comer of said right -of -war,
Nodh 00'17633' West, a distance of 40.68 feet to a 1/2 Inch Ion rod found
wPh cap stamped 'Goodwin MareacIr for comer,
North 89'41'57' East, a distance of 560.02 feat to a 5/0 Inch- Ion red with cop
stamped 'TNP' sat for comer,
will 1WiVist" East, a distance of 16.11 feat to a 5/8 Inch Iron rod with cap
stamped "P' set for corner,
Swath 89'46'46' East, passing at a distance of 116.65 feet a 1/2 Inch Iran
rod with cop stamp" 'Goodwin Marsfwil'found on tha woof right-of-way One of
of Cleburne Road (o variable Nditz dghl-of-wry), a total distance of 146.65
at to P.K. nail sat in osphaft for comer on the east line of said Nolen loch
Thence South 00'13'09'
Wast, with
said east line, a
didlantt of
715.09
feat
to
the
POIfN OF BEGINNING and
containing
19.009 acres of
bred, non
or less.
NOTES
I. ins City cf Fat Warih nos an mdnmtt 'vnpiementing /ne
ent and cdleclim of water and wazleealw 6hpacl fees. the
totals cmounl to be a seed is established a of the dale of ins (ding
of lM1is plat and Is b =_ed upon the the a is[Ng Schedule I to the
ent dote
t fee uS once the aisum! r he dote
is established
mrthe cote the Wcste permit a for the dote of c eclbn to
e
the water rind/w Schedule
V to t e cirr smrosmac and is based upon me
then existing SAedufe C to the current Impact fee w4nmce.
2. Duadma Permits:
No buarfrg permits shm be issued for any lot an this Subciivr7m vita
appropriate CFA or other acceptable prorry s we mode for the
answclim of any opplicable rater, asset, storm &or, street lights,
skew¢ks, or poring 'vnpr6vements; and apptoval is first obta"ned from
the y of Fort Wwmh
3. Consw<t,cn Pronfiited O.er Easements
No permanent buaa;ng or structures shn'i be constructed over any
siztng or plotting voter, sanitary se err dra%nage, gas, el nc, calve
w ruiner aunty eaaemmd of any trpen
4. Sidevdks for reeuked atp with
to bolo aides of as public m
privvte streets, Design
mmidsman with the S"4exuk Pdicy per City
Decimmml Desgn Stmdadds'.
5. Tree Svnelcr, as revived by stale law, is respans3:e for the
svnering Information only and bears no rezpmsbRity far the ciactirocy
of ins mgneomg data shorn on this plat
6. Ppkway knprazemmts such as curb & gutter. pavement lie -in, drive
opprrochas, sideao! s and drainage 'valets may be req,rced at lime of
budd'.�q permit isamca vio a porkway Permit.
City of Fort Worth shut not be respmsVe far maintenance of
pr""rote streets. drives, emergency access wrements, recreation areas,
open spaces and drocage fortifies, and sad owners agree to indemnify
and so a harmless the City of Fort Worth. Texas. it= dams, domages
antl losses msing out of or from performance of the oCtigallons of
said runners set forth is this paragraph.
FINAL PLAT
LOT 1, BLOCK 1
CROWLEY INTERMEDIATE SCHOOL
No. 14 ADDITION
TO THE CITY OF FORT WORTH, BEING 19.0Q9 ACRES
SITUATED IN THE ISABEL FLORES SURVEY, ABST. No.507
TARRANT COUNTY, TEXAS.
DECEMBER, 2007
kj
A E
M&C Review
Page 1 of 1
COUNCIL ACTION: Approved on 8/11/2009
Official site of the City of Fort Worth, Texas
FFQRT WORT11
DATE. 8/11/2009 REFERENCE C-23712 LOG NAME: 20ROWECROWLEYISD14
NO..
CODE: C TYPE: NON- PUBLIC NO
CONSENT HEARING,
SUBJECT: Authorize a Storm Water Facility Maintenance Agreement with the Crowley Independent
School District for Property Located at 8400 Cleburne Road Near the Intersection of
Cleburne Road and Bridgestone Drive at No Expense to the City of Fort Worth
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Storm Water Facility
Maintenance Agreement with Crowley Independent School District for property located at 8400
Cleburne Road near the interchange of Cleburne Road and Bridgestone Drive.
DISCUSSION:
Crowley Independent School District is the owner of a 0.919 acre tract of land upon which it will
construct one storm water facility. The storm water facility will serve the Crowley Independent School
District School No. 14 addition. This facility is necessary to limit storm water run-off generated on the
property to pre -developed conditions and to reduce the possibility of flooding to residents
downstream of the watershed.
The terms of the Maintenance Agreement assure the proper maintenance of one storm water facility
by Crowley Independent School District at no cost to the City. The facility is located at 8400 Cleburne
Road near the interchange of Cleburne Road and Bridgestone Drive.
The facility is located in COUNCIL DISTRICT 6, Mapsco 103Q.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on
City funds.
TO Fund/Account/Centers
Submitted for City Manager's Office b�
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
20ROWECROWLEYISD14.pdf
FROM Fund/Account/Centers
Fernando Costa (8476)
William A Verkest P.E. (7801)
Lester England (8366)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=11997&councildate=8/11/2009 8/17/2009