Loading...
HomeMy WebLinkAboutContract 38703CITY SECRETgqy CONTRgCTfro STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this ` /6 day of , by and between Health Care Service Corporation, A Mutual egal Reserve Company, an Illinois corporation, doing business in the Sate of Texas as B1ueCross 31ueShield of Texas, hereinafter referred to as "Landowner", and the City of ort Worth, hereinafter referred to as "City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as an approximately 53.403 acre tract located in the F. Cuella Survey, Abstract 267, Tarrant County, Texas according to the deed recorded in Volume 9527, Page 1011, Deed Records, Tarrant County, Texas, hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the Property accordinPr to the Site Plan/Subdivision Plan known as Alliance Gateway North 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 attach d E iibit '(Fa% i y Property"); and OFFICIAL RECUkU � MYSECRETARY FTTvWOM,TX � STORM WATER FACILITY MAINTENANCE AGREEMENT '� �� � � — • � I. 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 findings and a directive to commence with the repairs if necessary. STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01/09/2007 2 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 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 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 4, Rev. 01 /09/2007 Executed this day of 20050 Landowner . 0� Andrew J. Pini �.� D.S.V.P. — Corporate Real Est�te & Development 1 City City of Fort Worth Fernando Costa Assistant City Manager Approved as to Form and Legality Lama C8 Assistant City Attorney ATTEST Contract Authoriaatioa Date STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09/2007 5 STATE OF TEXAS § COUNTY OF TARRANT , § This instrument was acknowledged before me on I Z by Fernando Costa, Assistant City Manager of the City of Fort WortQ1 on behalf of the City of Fort Worth. PAv Z7. WANCHEZ : NOTARY PUBLIC Not Public tate of Texas STKFE OF TEXAS �y ' F My Gomm. F.xp. ; a.2009 STATE OF ILLINOIS § COUNTY OF COOK § Before me, the undersigned authority on this day personally appeared Andrew J. Pini, D.S.V.P — Corporate Real Estate & Development, 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 Health Care Service Corporation, A Mutual Legal Reserve Company, and that he executed the same as its agent and as the act of such corporation and for the purposes and consideration expressed in the foregoing instrument. OFFICIAL SEAL BARBARA S OTSUJI NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:05102I09 Notary Public, State of�Illinois STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 01 /09/2007 EXHIBIT "A" DETENTION POND #7 FRANCISCO CUELLA SURVEY, ABSTRACT NO. 267 TARRAIV I COUNTY, TEXAS BEING, a tract of land situated in the Francisco Cuella Survey, Abstract No. 267, City of Forth Worth, Tarrant County, Texas, and being part of a called 53.403 acre tract of land conveyed to Health Care Service Corporation, A Mutual Legal Reserve Company, as evidenced in a Special Warranty Deed recorded under Instrument No. D205052631 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8-inch "Carter &Burgess" capped iron rod found for a northwest corner of said 53.403 acre tract, same being on the south line of a called 18.9 acre tract of land conveyed to Texas Power & Light Company as evideneed in a deed recorded in Volume 668, Page 551 O.P.R.T.C.T, THENCE South 00°39'23" West, departing the south line of said 18.9 acre tract and the west line of said 53.403 acre tract, a distance of 445.81 feet to a point for comer; THENCE South 89020137" East, across said 53.403 acre tract, a distance of 65.49 feet to the POINT OF BEGINNING ; THENCE, across said 53.403 acre tract the following courses and distances to wit: North 00°39123' East, a distance of 338.41 feet to a point for corner; North 45017'49' East, a distance of 71.33 feet to a point for comer; North 89056116" East, a distance of 328.75 feet to a point for corner, South 29028'38" East, a distance of 149.00 feet to a point for corner; South 72015'49" West, a distance of 126.94 feet to a point for comer; South 44045'35" West, a distance of 215.74 feet to a point for comer; South 47024'34" West, a distance of 180.82 feet to a point for comer; North 42035'26" West, a distance of 74.83 feet to the POINT OF BEGINNING and containing 2.763 acres of land, more or less. Bearings based upon the north right of way line of State Highway No. 170 as described in a Donation Deed recorded in Volume 9882, Page 707, O.P.R.T.C.T. � IGmley-Horn and Associates, Inc. ENGINEERS SURVEYORS PLANNERS 12700 Park Central Drive, Suite 1800 • Dallas, Texas 75251 Tel 972.770.1300 - Fax 972.239.3820 E n 0 a 0 w 0 SCALE: N E S 1"=150' EXHIBIT "A" DETENTION POND #1 FRANCISCO CUELLA SURVEY, ABSTRACT NO. 267 TARRANT COUNTY, TEXAS FF PGA P6S�F LIOC UNDERGROUND GAS LINE EASEMENT DOC. NO. D205357288, O.P.R.T.C. T. rRacr 12 TO AIL INVESTMENT, L.P. (FORMERLY KNOWN AS HILLWOOD/FREEWAY, LTD.) VOLUME 9527, PAGE 1011 0.P.R.T.C.T. 5PANNG SETBACK AND UDLITY EASEMENT VOLUME II999. PAGE i, 65.49" GO o(o . V d s" �� 60 00qgvq% CALLED 18.9 ACRES TO TEXAS POWER &LIGHT COMPANY VOLUME 668, PAGE 551 O. P.R. T.C. T. APPROX. LOCATION DENTON COUNTY LINE APPROX, LOCATION TARRANT COUNTY LINE 5 PAVING SETBACK AND UTILITY EASEMENT r VOLUME 11999, PACE 1, D.R.T.C.T. 5/8' aRF - ----- ------ --- N8936'16"E� 328,751 -- -- -- -- I N N457 7'49"E 71:33• 10 401 0. I a PRIVATE DEMN77ON M POND EASEMENT 3 M Z 763 ACRES (120,351 SQ. FT,) Try I° 1k I I 01 P� M `�h N I ruin 1 yr rrtrs. k Z1 N4235 '26"W 74.83' PG. =PAGE IRFC =IRON ROD W/ CAP FOUND IRCS = IRON ROD W/ CAP SET IPF = IRON PIPE FOUND O,P.R.D.C.T. = OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS 4sp� pd(z TRACT 12 _ I TO AIL INVESTMENT, L. P.� (FORMERLY KNOWN AS j HILLWOOD/FREEWAY, LTD.) VOLUME 9527, PAGE 1011 1 I O. P.R. T.C. T. I I I 1 1 I I I J----------- - - I I - O.P. — 20' 1RI-COUNTY ELEC. CO-OP., INC. EASEMENT VOLUME . PAGE 0457, P.R. R. T.C. T. S72 '15'49"W 126.94' 53.403 ACRES TO HEALTH CARE SERVICE CORPORATION, A MUTUAL LECAL RESERVE COMPANY INST NO. 0208052631 0. P.R. T.C. T. sl � p0 S ��a � IGmley-Horn and AssociatesI Inc. ENGINEERS SURVEYORS PLANNERS 12700 Park Central Drive, Suite 1800 • Dallas, Texas 75251 To/ 972.770.1300 - Fax 972.239.3820 PAGE 2 OF 2 E v N N 0. 0 t- 0 0 EXHIBIT "A" DETENTION POND #2 FRANCISCO CUELLA SURVEY, ABSTRACT NO. 267 TARRANT COUNTY, TEXAS BEING, a tract of land situated in the Francisco Cuella Survey, Abstract No. 267, City of Forth Worth, Tarrant County, Texas, and being part of a called 53,403 acre tract of land conveyed to Health Care Service Corporation, A Mutual Legal Reserve Company, as evidenced in a Special Warranty Deed recorded under Instrument No. D205052631 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8-inch "Carter &Burgess" capped iron rod found for a point on the south the line of Lot 1, Block 3, Alliance Gateway North Addition, an Addition to the City of Fort Worth, Texas, according to the Map or Plat thereof recorded in Cabinet X. Slide 753 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), same being a northeast corner of said 53.403 acre tract: THENCE South 45°16'44" West, across said 53.403 acre tract, a distance of 28.28 feet to the POINT OF BEGINNING; THENCE, across said 53.403 acre tract the following courses and distances to wit; South 00°16'44' West, a distance of 383.69 feet to a point for comer; North 89°43'16" West, a distance of 152.85 feet to a point for corner; North 14°43116" West, a distance of 84.58 feet to a point for corner; North 80037'45" West, a distance of 79.92 feet to a point for corner at the beginning of a curve to the left; Northwesterly direction, along the arc of said curve to the left, through a central angle of 58°55'09", having a radius of 280.00 feet, a chord bearing of North 47°2744 West, a chord distance of 275.41 feet and an arc length of 287.93 feet to a point for the end of said curve; North 00016'44" East, a distance of 83.10 feet to a point for corner; North 64006'15" East, a distance of 47.71 feet to a point for comer; South 89043'16" East, a distance of 414.68 feet to the POINT OF BEGINNING and containing 2.810 acres of land, more or less. Bearings based upon the north right of way line of State Highway No. 170 as described in a Donation Deed recorded in Volume 9882, Page 707, O.P.R.T.C.T. � IGmley-Horn and Associates) Inc. ENGINEERS SURVEYORS PLANNERS 12700 Park Central Drive, Suite 1800 - Dallas, Texas 75251 Tel 972.770-1300 - Fax 972239.3820 PAGE 1 OF 2 a 0 EXHIBIT "A" DETENTION POND #2 FRANClSCO CUELLA SURVEY, ABSTRACT NO. 267 TARRANT COUNTY, TEXAS I � � I I I I I I Z li 1 1 I h� I I I ���� �O �� W� � I I N � � � � dQ,p �`� �� cai m ; 1 I ��O �� �� 11 O� o h I I I �1 2h I I I GI 00 1 ; ; ������ UFO • u �� i i i e U I I I �o I I I �I 1 e d d�oo it I � Q J� I I I I N w o Q ¢'= i t i __ APPROX. LOCATIONDENTONCOUNTYLINE „�2��'cY- ----- ---------- I- `' Y w � � I i i APPROX. LOCATION TARRANT COUNTY LINE pW>-�N� I I I Q> �� h I I I z o o o, a 1 1 I LOT 1, BLOCK 3 J� p W p I I I ALLIANCE GATEWAY NORTH ADDITION � 3 � i i I CABINET X, PAGE 753, P.R.O.C.T p � J J I I I JO' DRAINAGE EASEMENT DOC. N0. D207181295, O. P. R. T. C. T. I- 2O> I I -----_I DOC. N0. 0207J21925 I i i D.R.tcr. POINT OF --------------1 i �------I COMMENCING s/a' aRF I I 5/B" pRF 5/B' dftF N64'06'15"E �-----T------S89 43'T6"E----�F74. - -_: 47.71' �./'�' ' I��L� 1 �5' PANNC SEl)3ApC' AND uirtFm EasEMprr . 417LUME ti999 PAGE 1, C D.R rc r. P, N00'16'44"E 83.10' d=58'S5'09" R=280.00' L=287.93' CB=N47'27'44"W CD=275.41 ' N14'43'16"W � / 53.403 ACRES 84.58' TO HEALTH CARE SERVICE CORPORATION, A MUTUAL LEGAL RESERVE COMPANY N89'43'16"W INST N0. D208052631 152.85' 0. P.R. T. C. T. �60 �� d � p�C� Pd�4�p PG. =PAGE IRFC =IRON ROD W/ CAP FOUND IRCS =IRON ROD W/ CAP SET IPF =IRON PIPE FOUND O.P.R.D.C.T. =OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS S45'16'44"W 28.28' S SCALE: 1"=150' LOT 5, BLOCK 3 ALLIANCE GATEWAY NORTH ADDITION CABINET A, SLIDE 12604, P. R.D.C.T � IGmley-Horn � and Associates, Inc. ENGINEERS •SURVEYORS •PLANNERS 12700 Park Central Drive, Suite 1800 Dallas, Texas 75251 Tel 972.770.1300 � Fax 972.239.3820 PAGE 2 OF 2 E �, �, ,., 3 a F Ql S X W 0 Y N U �x EXHIBIT "A" DETENTION POND #3 FRANCISCO CUELLA SURVEY, ABSTRACT NO. 267 TARRANT COUNTY, TEXAS BEING, a tract of land situated in the Francisco Cuella Survey, Abstract No. 267, City of Forth Worth, Tarrant County, Texas, and being part of a called 53.403 acre tract of land conveyed to Health Care Service Corporation, A Mutual Legal Reserve Company, as evidenced in a Special Warranty Deed recorded under Instrument No. D205052631 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8-inch "Carter &Burgess" capped iron rod found for the southeast corner of said 53.403 acre tract: THENCE North 44°50'58" West, across said 53.403 acre tract, a distance of 56.26 feet to the POINT OF BEGINNING; THENCE, across said 53.403 acre tract the following courses and distances to wit; South 72°25'S9' West, a distance of 411.39 feet to a point for comer; North 89°20'37" West, a distance of 589.72 feet to a point for corner; North 00°39'23" East, a distance of 374.63 feet to a point for corner; South 89°20'37" East, a distance of 128.93 feet to a point for corner; South 14°43'16" East, a distance of 108.33 feet to a point for comer at the beginning of a curve to the left; Southeasterly direction, along the arc of said curve to the left, through a central angle of 90°49'49", having a radius of 235.00 feet, a chord bearing of South 60°08'11" East, a chord distance of 334.74 feet and an arc length of 372.54 feet to a point for the end of said curve; North 74°26'55" East, a distance of 347.05 feet to a point for corner at the beginning of a curve to the left; Northeasterly direction, along the arc of said curve to the left, through a central angle of 37°36'24", having a radius of 230.00 feet, a chord bearing of North 55°38'43" East, a chord distance of 148.27 feet and an arc length of 150.96 feet to a point for the end of said curve; South 89°43'16" East, a distance of 74.89 feet to a point for comer; South 00°16'44" West, a distance of 160.62 feet to the POINT OF BEGINNING and containing 3.986 acres of land, more or less. Bearings based upon the north right of way line of State Highway No. 170 as described in a Donation Deed recorded in Volume 9882, Page 707, O.P.R.T.C.T. � IGmley-Horn � and Associates, Inc. ENGINEERS •SURVEYORS •PLANNERS 12700 Park Central Drive, Suite 1800 � Dallas, Texas 75251 Tel 972.770.1300 � Fax 972.239.3820 PAGE 1 OF 2 E a �� 0 0 �i M m X w a 0 0 s i i 0 rn M T N 7 I Q Y EXHIBIT "A" DETENTION POND #3 FRANCISCO CUELLA SURVEY, ABSTRACT NO. 267 N TRACT 13 TO AIL INVESTMENT, L.P. (FORMERLY KNOWN AS HILLWOOD/FREEWAY, LTD.) VOLUME 9527, PAGE 1011 O.P.R. LC.T. PG. =PAGE IRFC =IRON ROD W/ CAP FOUND IRCS =IRON ROD W/ CAP SET IPF =IRON PIPE FOUND O.P.R.D.C.T. =OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS TARRANT COUNTY, TEXAS AND UnLITY EASEMENT WLUME 11999, PACE 1, D.R. T.C. T. � IGmley-Horn � and Associates, Inc. ENGINEERS •SURVEYORS •PLANNERS 12700 Park Central Drive, Suife 1800 - Dallas, Texas 75251 Tel 972.770.1300 - Fax 972.239.3820 PAGE 2 OF 2 a N 0 0 N L7 U C O 3 (n F CO X W 0 d O 7 T v U J i .-. �: EXHIBIT "A" DETENTION POND #4 FRANCISCO CUELLA SURVEY, ABSTRACT NO. 267 TARRANT COUNTY, TEXAS BEING, a tract of land situated in the Francisco Cuella Survey, Abstract No. 267, City of Forth Worth, Tarrant County, Texas, and being part of a called 53.403 acre tract of land conveyed to Health Care Service Corporation, A Mutual Legal Reserve Company, as evidenced in a Special Warranty Deed recorded under Instrument No. D205052631 of the Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described by metes and bounds as follows( bearings based upon the north right of way line of State Highway No. 170 as described in a Donation Deed recorded in Volume 9882, Page 707, O.P.R.T.C.T.): COMMENCING at a 5/8-inch "Carter &Burgess" capped iron rod found for the most westerly, southwest corner of said 53.403 acre tract; THENCE South 89°20'37" East, along the south line of said 53.403 acre tract, 548.34 feet to a point for corner THENCE North 00°39'23" West, departing the south line of said 53.403 acre tract and across said 53.403 acre tract, a distance of 28.08 feet to the POINT OF BEGINNING ; THENCE, across said 53.403 acre tract the following courses and distances to wit; North 89°20'37' West, a distance of 301.38 feet to a point for corner; North 00°38'25" East, a distance of 35.86 feet to a point for corner; North 75°03'03" East, a distance of 341.12 feet to a point for comer; South 12°40'14" West, a distance of 130.49 feet to the POINT OF BEGINNING and containing 0.577 acres of land, more or less. Bearings based upon the north right of way line of State Highway No. 170 as described in a Donation Deed recorded in Volume 9882, Page 707, O.P.R.T.C.T. � �imley-Horn � and Associates, Inc. ENGINEERS •SURVEYORS •PLANNERS 12700 Park Central Drive, Suite 1800 � Dallas, Texas 75251 Tel 972.770.1300 � Fax 972.239.3820 a Q c� w J 3 H m X W O O ° C C L :� a Y L Q Li } EXHIBIT "A" DETENTION POND #4 FRANCISCO CUELLA SURVEY, ABSTRACT NO. 267 TARRANT COUNTY, TEXAS N 1 i � I , SI I 1 Sol I � I �� �00 • SCALE: 1"=150' j iy ZI I1 o p I> 5/8 aRn ,3 ZI anti I I� l 1 1 ; q � O I 12 I PAYING SETBACK I AND unurr EASEMENT 53.403 ACRES ono 1 Ian F--YDLUME 11999, PACE 1, �N I Io i I D.R.T.C.T. TO HEALTH CARE SERVICE CORPORATION, i„ Ia W i A MUTUAL LEGAL RESERVE COMPANY - o� INST. NO. D208052631 rc� z Z 1 I I Mi I 0. P. R. T.C. T. opl I � I I � I I I , I I I I I t 1 3 341,12 S12040'14"W ' ; 00390 "E 130.49' N0038'25"E N'5-RWA_TE OE70070N -.l q , 35.86' POND SASEMENT POINT OF BE Z 0:577 ACR { 51t 24 SQ T j a I I 1 3oI -------------------------- --/--- N00'3923 "f cN,O--N8970'37"W 28,08 S8920'37'E 548.34' 5/8- aRF o O 5' PAWING SETBACK , N AND UTILITY EASEMENT 1 I VOLUME 11999, PAGE I, I LO I I W W D.R. T.C. T. I POINT OF I 1 � I a� COMMENCING 10 I i Nod TRACT 12 a 1 TO AIL INVESTMENT, L.P. i I i (FORMERLY KNOWN AS HILLWOOD/FREEWAY, LTD.) I rn 1 VOLUME 9527, PAGE 1011 j O. P. R. T C. T. I vi I F- m I I ; I DEED LINE I I I ~ 0 I ' � w � I o TRACT 13 TO AIL INVESTMENT, L.P. j o (FORMERLY KNOWN AS HILL WOOD/FREEWAY, LTD.) i VOLUME 9527, PAGE 1011 I / 0.P.R.T.C.T. OF o �0 �\STER 001S o )Pe CiF pee tt *00 we m eBeMICHAEL B. MARX LEGEND: ease ee see y ee A 5181 PG. = PAGE coca U) IRFC W/ IRON RODCAP FOUND tiSU R SS ee �b IRCS = IRON ROD I mley-Horn 1�� Y IPF w RONPP PET FOUND and Associates, Inc. �' y O.PR.D.C.T. = OFFICIAL PUBLIC ENGINEERS SURVEYORS ' PLANNERS RECORDS OF DALLAS COUNTY, 12700 Park Central Drive, Suite 1800 Dallas, Texas 75251 T EXASS Tel 972.770.1300 - Fax 972239.3820 PAGE 2 OF 2 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 "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 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. 01l09/2007 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. 01/09/2007 Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, September00: • sI • ,, SUBJECT: Authorize the Execution of One Storm Water Facility Maintenance Agreement from Blue Cross Blue Shield of Texas, Inc., a Division of Health Care Service Corporation, for Property Located in North Fort Worth (DOE No„ 5998) RECOMMENDATION: ]t is recommended that the City Council authorize the City Manager to execute one Storm Water Facility Maintenance Agreement from Blue Cross Blue Shield of Texas, Inc., a division of Health Care Service Corporation, for property located in north Fort Worth. D15CUSSION: The Storm Water Facility Maintenance Agreement is necessary to assure proper maintenance of four detention pond facilities by the owner, Blue Cross Blue Shield of Texas, Inc., a division of Health Care Service Corporation. The maintenance of these facilities shall occur at no expense to the City of Fort Worth. The detentivi i pviids 'vvlil Serve t� ie Affiance vateVVayi vGrii i Additiaiii T i ieSe faCiiitie� ar@ i teCeBSaiy t0 iir(tii 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 Alliance Gateway, west of Independence Parkway and south of Henrietta Creek located in both Denton and Tarrant County. The facilities are located in COUNCIL DISTRICT 2, Mapsco 8M and 9J. FISCAL INFORMATIONICERTIFICATION: 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 FundlAccountlCenters Fernando Costa (8476) A. Douglas Rademaker (6157) Jill D. Griffin (6253) http://www.fortworthgov.aFg/council�acket/Reports/mc�iint..asp 9/8/2008