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HomeMy WebLinkAboutContract 39935STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of %% mart' �/ d , by and between Dr. Jerilyn Pfeifer, acting by and through Evei�an Independent School District, 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 36.756 acre tract located in the Shelby County Land Survey, Abstract 1375, Tarrant County, Texas according to the deed recorded in #13206199265, 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 Everman Junior High School #2 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 OIrFIClAI. RECORD �'.�`�'y' wECRETARY t Ta ` ORTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT 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 All 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 after reasonable notice to the Landowner (except in emergencies as deemed by the City). The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, STORM WATER FACILITY MAINTENANCE AGREEMENT 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. 6. This Agreement imposes no liability of any kind whatsoever on the City. Furthermore, it is expressly understood and agreed that, in the execution of this Agreement, none of the parties waive, nor shall be hereby deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions, and that the services described in this Agreement are a governmental function, 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 STORM WATER FACILITY MAINTENANCE AGREEMENT above the maximum depth of water in the detention pond which would occur during a 100 year frequency flood. $. 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. Executed this IY' day ofIfU l�(1V Landowner Everman ISP Name Superintendent 0 City City of Fort Worth 4WO4� Fernando Costa Assistant City Manager Approved as to Fprm and Legality . I' Assistant ity Attorney ATTEST City Seck3tary Authorization / wJD-o yy y u�krk 1z._5!�6i i4 0.�: _ STORM WATER FACILITY MAINTENANCE AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on fVArZ21A /0 20 /y by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. EVONIA DANIEI,S MY COMMISSION EXPIRES July W, 2013 STATE OF TEXAS § COUNTY OF TARRANT § otary Public, State of Texas Bei~ore me, the undersigned authority on ' e'+0 ) 42r 200% to me to be the person whose name acknowledged to me that per day of appeared known and of its r..iGlP��2<�/�,srp�.,�and as the act of such 5A&p4 4}d for the purposes and consideration expressed in the foregoing instrument. �pRYIlls p&is m��41•,i Is y �yU Is�4fttfr;6v„r STORM WATER FACILITY MAINTENANCE AGREEMENT is subscribed to the the same and that he foregoing instrument is the act executed the same as l\ I .�4h-cj.�l�e Notary Public, State of Texas EXHIBIT INSERT LEGAL DESCRIPTION STORM WATER FACILITY MAINTENANCE AGREEMENT 6 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 7 EXlllblt Storm Water Structural Maintenance CHECKLIST FREQUENT DATE REPAIRS REPAIRS INSPECTION REQUIRED MADE NOTES Mowin Remove Trash and debris Inspect irrigation s stem operation Remove grass clip in s 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 S Ra Condition of filtration s stem Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER. FACILITY MAINTENANCE AGREEMENT 9 r � � _ COUNCIL ACTIIfJN: Approved ion 112fi12010 DATE: Tuesday, January 26, 2010 LOG NAME: 20ROWEEVERMANISD REFERENCE NO.: **C-24035 SUBJECT: Authorize the Execution of One Storm Water Facility Maintenance Agreement with Everman Independent School District Located in the Shelby County Land Survey, Abstract No. 1375, Situated East of Rendon Road and South of Shelby Road in South Fort Worth at No Cost to the City (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council authorize the execution of one Storm Water Facility Maintenance Agreement which contains three ponds on this parcel with Everman Independent School District located in the Shelby County Land Survey, Abstract No. 1375, located in South Fort Worth, at no cost to the City. DISCUSSION: The Storm Water Facility Maintenance Agreement is necessary to assure proper maintenance of a detention pond by the owner, Everman Independent School District. The maintenance will be performed at no cost to the City. The storm water detention ponds will serve the Everman Junior High School No. 2. The facility is located east of Rendon Road and south of Shelby Road. The facility is located in COUNCIL DISTRICT 8, Mapsco 106Q. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office b� Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa (6122) William A. Verkest P.E. (7801) Theresa Khammash (6349) Logname: 20ROWEEVERMANISD Page 1 of 1 Exhibit "A-1 " Shelby Road---� (c.R. No.1097) North Scale: 1" = 200' SET "MAG" NAIL L8 C 1 L9 C2 C3 L 10 � STAMPED "JI'H � LAND SURVEYING" r` fV C` m �� Everman Independent School District Document #D206199265 O.P.R.T.C.T. LS �� Q 20' Easement to Antero Resources Pipeline, L.P. \ /Document #D205085487, O.P.R.T.C.T. \�" L27 ^� �vti L14 Point of Beginning Tract 2 M L 15 `� T ,����7T 1 Tract 2 - 0.744 Ac. T �� 6 L2S.� �1g�--CS /�yn \ N �l�o L 19 a ti~ ti �i�\ � L22 2j\\ �S •S� \ "Parcel A, Tract 2" \ David S. Holland Document #D208340738 \ O.P.R.T.C.T. Exhibit Showing Three Tracts Block 23 of the Shelby County School Land Survey, A-1375 Fort Worth, Tarrant County, Texas Prepared for Everman ISD Date: August 07, 2009 L a � �� d 807 Bluebonnet Drive, Suite C Keller, Texas 76248 Tel(817)431-4971 Fax(866)290-4631 I r CIS r „. 52.00' /; SET N89°50'47"W 291.06' Point of Beginning Tract 3 FOUND I/2 INCH CAPPED REBAR STAMPED "APES 1644" Jdt1 P. `hloebelheinrich Registered Professional Land Surveyor No. 5478 PEE °�-r�:� Q�a,'�'Rcc . O JON P- '�_ 5478 � `��:cFSS\"f`Q ��~ti�����N��® �.,. S U Ati 0 U �► Point of Beginning Tract 1 0 r` �., W 0 0 0 0 0 z w Point of Commencing M Tracts 1, 2, & 3 o SET "MAG" NAIL z STAMPED "JPH LAND SURVEYING" 3 o� �� o °O o, ° o o� JPH Job No. 2009.008.003 - ©2009 JPH Land Surveying, Inc. -All Rights Reserved PH Land Surveyin 807 Bluebonnet Drive, Suite C, Keller, Texas 76248 Telephone (817)431-4971 Fax (866)290-4631 Exhibit "A-3" Legal Description Tract 1 Being a tract of land situated in the Shelby County School Land Survey, Abstract Number 1375, Block Number 23, City of Fort Worth, Tarrant County, Texas, said tract of land being a portion of a parcel of land described in the deed to Everman Independent School District recorded in Document #D206199265 of the Official Public Records of Tarrant County, Texas. Said tract of land being more particularly described as follows: COMMENCING at a set "MAG" nail with shiner stamped "JPH LAND SURVEYING" at the southeast corner of said parcel of land described in the deed to Everman Independent School District, said set "MAG" nail being in Rendon Road, from said set "MAG" nail, another set "MAG" nail with shiner stamped "JPH LAND SURVEYING" at the northeast corner of said parcel of land described in the deed to Everman Independent School District, bears NORTH 00 degrees 10 minutes 40 seconds EAST, a distance of 1539.72 feet; THENCE NORTH 89 degrees 50 minutes 47 seconds WEST, along the South line of said parcel of land described in the deed to Everman Independent School District, a distance of 58.17 feet; THENCE NORTH 00 degrees 18 minutes 33 seconds EAST, a distance of 570.61 feet to the POINT OF BEGINNING; THENCE NORTH 89 degrees 49 minutes 00 seconds WEST, a distance of 215.93 feet; THENCE NORTH 44 degrees 50 minutes 47 seconds WEST, a distance of 385.10 feet; THENCE NORTH 00 degrees 11 minutes 00 seconds EAST, a distance of 305.07 feet; THENCE NORTH 44 degrees 49 minutes 00 seconds WEST, a distance of 77.17 feet; THENCE NORTH 89 degrees 49 minutes 00 seconds WEST, a distance of 69.00 feet; THENCE NORTH 44 degrees 49 minutes 00 seconds WEST, a distance of 224.71 feet; THENCE NORTH 00 degrees 11 minutes 00 seconds EAST, a distance of 98.27 feet; THENCE SOUTH 89 degrees 49 minutes 00 seconds EAST, a distance of 46.07 feet to the beginning of a tangent curve, concave northerly, having a radius of 1105.00 feet; THENCE Easterly, along said tangent curve, an arc length of 109.77 feet; THENCE NORTH 84 degrees 29 minutes 30 seconds EAST, a distance of 130.38 feet to the beginning of a tangent curve, concave southerly, having a radius of 983.00 feet; THENCE Easterly, along said tangent curve, an arc length of 207.71 feet to the beginning of a tangent, reverse curve, having a radius of 617.00 feet; THENCE Easterly, along said tangent, reverse curve, an arc length of 68.99 feet; THENCE SOUTH 89 degrees 48 minutes 30 seconds EAST, a distance of 128.10 feet to the beginning of a tangent curve, concave southwesterly, having a radius of 83.00 feet; THENCE Southeasterly, along said tangent curve, an are length of 130.56 feet; THENCE SOUTH 00 degrees 18 minutes 33 seconds WEST, a distance of 818.97 feet to the POINT OF BEGINNING, containing 10.742 acres. SQ�a��9�o S t JON P-HOEBELHEINRICH Registered Professional Land Surveyor No. 5478 p 4we e ••` yZ s SNOT• suns Date: August 07, 2009 E:\2008\009\003\Legals\Private DE Exhibit A-3 Legals.doc PH Land Surveyin 807 Bluebonnet Drive, Suite C, Keller, Texas 76248 Telephone (817)431-4971 Fax (866)2904631 Exhibit "A-3" Legal Description Tract 2 Being a tract of and situated in the Shelby County School Land Survey, Abstract Number 1375, Block Number 23, City of Fort Worth, Tarrant County, Texas, said tract of land being a portion of a parcel of land described in the deed to Everman Independent School District recorded in Document #D206199265 of the Official Public Records of Tarrant County, Texas. Said tract of land being more particularly described as follows: COMMENCING at a set "MAG" nail with shiner stamped "JPH LAND SURVEYING" at the southeast corner of said parcel of land described in the deed to Everman Independent School District, said set "MAG" nail being in Rendon Road, from said set "MAG" nail, another set "MAG" nail with shiner stamped "JPH LAND SURVEYING" at the northeast corner of said parcel of land described in the deed to Everman Independent School District, bears NORTH 00 degrees 10 minutes 40 seconds EAST, a distance of 1539.72 feet; THENCE NORTH 89 degrees 50 minutes 47 seconds WEST, along the South line of said parcel of land described in the deed to Everman Independent School District, a distance of 291.06 feet; THENCE NORTH 44 degrees 50 minutes 47 seconds WEST, along the southwest line of said parcel of land described in the deed to Everman Independent School District a distance of 1109.21 feet to the POINT OF BEGINNING; THENCE NORTH 44 degrees 50 minutes 47 seconds WEST, along the southwest line of said parcel of land described in the deed to Everman Independent School District a distance of 45.86 feet; THENCE NORTH 45 degrees 09 minutes 13 seconds EAST, a distance of 49.61 feet; THENCE SOUTH 64 degrees 36 minutes 51 seconds EAST, a distance of 107.69 feet; THENCE NORTH 89 degrees Al minutes 30 seconds EAST, a distance of 389.24 feet; THENCE SOUTH 44 degrees 50 minutes 13 seconds EAST, a distance of 61.18 feet; THENCE SOUTH 30 degrees 03 minutes 52 seconds WEST, a distance of 23.50 feet to the beginning of a non -tangent curve whose center bears SOUTH 29 degrees 50 minutes 37 seconds WEST, a distance of 170.32 feet; THENCE Westerly, along said non -tangent curve, an arc length of 155.99 feet; THENCE WEST, a distance of 71.13 feet; THENCE SOUTH 32 degrees 17 minutes 55 seconds WEST, a distance of 65.23 feet; THENCE SOUTH 40 degrees 22 minutes 43 seconds EAST, a distance of 50.91 feet; THENCE SOUTH 41 degrees 49 minutes 16 seconds WEST, a distance of 56.99 feet; THENCE NORTH 84 degrees 50 minutes 51 seconds WEST, a distance of 10.35 feet; THENCE NORTH 07 degrees 30 minutes 38 seconds EAST, a distance of 26.44 feet; THENCE NORTH 06 degrees 28 minutes 33 seconds WEST, a distance of 68.48 feet; THENCE NORTH 68 degrees 22 minutes 49 seconds WEST, a distance of 174.25 feet; THENCE NORTH 64 degrees 00 minutes 20 seconds WEST, a distance of 67.89 feet; THENCE SOUTH 45 degrees 09 minutes 13 seconds WEST, a distance of 30.79 feet to the POINT OF BEGINNING containing 0.744 acres. Registered Professional Land Surveyor No. 5478 Date: August 07, 2009 ��E•OF,TFx Q�a% s r eqF` JON P- -0 5478 r; :OF O?•• �4t,tiFS E:�008\009\003U.egals\Private DE Exhibit A-3 Legals.doc PH Land Surveyin 807 Bluebonnet Drive, Suite C, Keller, Texas 76248 Telephone (817)431-4971 Fax (866)290-4631 Exhibit "A-3" Legal Description Tract 3 Being a tract of land situated in the Shelby County School Land Survey, Abstract Number 1375, Block Number 23, City of Fort Worth, Tarrant County, Texas, said tract of land being a portion of a parcel of land described in the deed to Everman Independent School District recorded in Document 4D206199265 of the Official Public Records of Tarrant County, Texas. Said tract of land being more particularly described as follows: COMMENCING at a set "MAG" nail with shiner stamped "JPH LAND SURVEYING" at the southeast corner of said parcel of land described in the deed to Everman Independent School District, said set "MAG" nail being in Rendon Road, from said set "MAG" nail, another set "MAG" nail with shiner stamped "JPH LAND SURVEYING" at the northeast corner of said parcel of land described in the deed to Everman Independent School District, bears NORTH 00 degrees 10 minutes 40 seconds EAST, a distance of 1539.72 feet; THENCE NORTH 89 degrees 50 minutes 47 seconds WEST, along the South line of said parcel of land described in the deed to Everman Independent School District, a distance of 58.17 feet to the POINT OF BEGINNING; THENCE NORTH 89 degrees 50 minutes 47 seconds WEST, along the South line of said parcel of land described in the deed to Everman Independent School District, a distance of 232.89 feet; THENCE NORTH 44 degrees 50 minutes 47 seconds WEST, along the southwest line of said parcel of land described in the deed to Everman Independent School District a distance of 356.62 feet; THENCE NORTH 45 degrees 09 minutes 13 seconds EAST, a distance of 57.52 feet; THENCE SOUTH 44 degrees 50 minutes 47 seconds EAST, a distance of 108.76 feet; THENCE NORTH 45 degrees 09 minutes 13 seconds EAST, a distance of 57.28 feet to the beginning of a non -tangent curve, whose center bears NORTH 09 degrees 44 minutes 07 seconds WEST, a distance of 143.40 feet; THENCE Northeasterly, along said non -tangent curve, an arc length of 313.12 feet; THENCE NORTH 44 degrees 50 minutes 47 seconds WEST, a distance of 23.00 feet; THENCE NORTH 45 degrees 09 minutes 13 seconds EAST, a distance of 36.06 feet; THENCE SOUTH 73 degrees 46 minutes 45 seconds EAST, a distance of 80.08 feet; THENCE SOUTH 89 degrees 49 minutes 00 seconds EAST, a distance of 165.44 feet; THENCE SOUTH 00 degrees 18 minutes 33 seconds WEST, a distance of 518.61 feet to the POINT OF BEGINNING containing 3.554 acres.; rQ �� JON P�HOEBELHEINRCH ..N1. NN.NN.N.NN.....�...; ... Registered Professional Land Surveyor No. 5478 Date: August 07, 2009 oc E:\2008\009\003\Legals\Private DE Exhibit A-3 Legals.d