HomeMy WebLinkAboutContract 47174 (2)7 tfi1
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CONTRACT Nov• •
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day ofco06
vber
a 015.
b and between MS Fort Worth, LLC •
y et en , acting by and through
Kara Strickland
, 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
6.5009 acre tract located in the Su
Josepth B.MeDermett 1063
approximatelySurvey, , Abstract ,
Tarrant Count Texas accordingto the deed recordedc ment # D 215 219 5 2 6
y, in ol�uilxc
, P
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
Mainstreet
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. 12/29/2014
OFFICIAL RECORD
CITY SECRETARY
FtWASH, T
1
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 Stoixnwater 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
Rev. 12/29/2014
2
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
stens 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
Rev. 12/29/2014
3
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.
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
Rev. 12/29/2014
4
Title: DEv,ccap,wevr
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STATE OF iNDIANA §
COUNTY OF HAMILTON §
BEFORE ME, the undersigned authority on this
day personally appeared k(OsO...S&r j c.YM1rg5
known to me to be the person whose name is
subscribed to the foregoing instrument, and
acknowledged to me that s(he) executed same for
the purpose and consideration therein expressed.
GIVEN under my hand and seal of office on this
e�rday of � i�l' �11 �ex 20 15
Lary Plic, to
ks 4/ W.
e o ndiana
to Friers
Typed or Printed Name of Notary
MY COMMISSI.. g: IRES: 2-) "7)1 to
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a 0 ° ° °0 es 4 4ca t.14:4:e
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C1074(logittiEnuoloAtN
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 12/29/2014
Executed thi
Landowner
ay of �,���,�STr 20
City of Fort Worth
Name: Fc1 i.LaLILL c_o. e J & s
Assistant City Manager
Approved as to Form and Legality
Assistant City Attorney 7�
ATTEST
City Secret
JNO M&C REQUIRED
5
l *.
.. ••
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on C5F ar?lavis by
adoCasia,_Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
'se is
•yw
• .Gja
FII I n
LINDA M. MALINGER
MY COMMISSION EXPIRES
February 2, 2018
STATE OF TEXAS
COUNTY OF TARRANT
.�.CfLAla
ic
Notary Public, State of Texas
Before me, the undersigned authority on this
, 20 personally
to me to be the person whose name
acknowledged to
me that
and as the act of such
consideration expressed in the foregoing instrument.
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 12/29/2014
day of
appeared
, known
is subscribed to the foregoing instrument and
the same is the act of
and that he executed the same as its
and for the purposes and
Notary Public, State of Texas
OFFICIAL RECORD
CITY SECRETARY
It WORTH, TX
6
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 12/29/2014
EXHIBIT A
Legal Description
TRACT 1:
Lot 2A-R1, Block 1 HULEN BEND, Final Plat, being a final plat of all of Lots 2A-R
and 2C Block 1, HULEN BEND, an Addition to the City of Fort Worth, Tarrant
County Texas according to the Plat recorded on September 4, 2015 as
Document D215202308, Plat Records of Tarrant County, Texas.
TRACT 2:
Non -Exclusive Easement Estate for vehicular and pedestrian ingress and egress
as created by that certain Reciprocal Driveway Easement dated September 23,
1986, by James D. Gabbert, recorded in Volume 8726, Page 475, as amended by
that certain Easement Amendment and Grant Agreement, dated August 11, 2015
and recorded September 8, 2015 as Document No. D215203600, Real Property
Records of Tarrant County, Texas.
TRACT 3:
Non -Exclusive Easement Estate for acr ss, egress and parking, as created by
that certain Parking and Restriction Declaration, dated October 1, 1986, by
James D. Gabbert, recorded in Volume 8773, Page 506, as amended by that
certain Easement Amendment and Grant Agreement, dated August 11, 2015 and
recorded September 8, 2015 as Document No. D215203600, Real Property
Records of Tarrant County, Texas.
TRACT 4:
Non -Exclusive Easement Estate for subsurface drainage as created by that
certain Private Drainage Easement, dated September 23, 1986, by James D.
Gabbert, recorded in Volume 8726, Page 485, Real Property Records of Tarrant
County Texas.
TRACT 5:
Non -Exclusive Easement Estate for drainage as created by that certain Easement
and Right -of -Way, dated September 22, 1986, by and between Texas Electric
Service Company and James D. Gabbert, recorded in Volume 8726, Page 481,
Real Property Records of Tarrant County, Texas.
TRACT 6:
Non -Exclusive Easement Estate for private telephone cable as created by that
certain Warranty Deed, dated October 13, 1987 by and between Jim and
Barbara Gabbert and Gabbert's, Inc., recorded in Volume 9097, Page 1876, Real
Property Records of Tarrant County, Texas.
Exhibit A — Page 1
EXHIBIT "A"
BEING a 0.366 acre tract of land located in the Joseph McDermett Survey, Abstract No. 1063, City of Fort Worth,
Tarrant County, Texas, said 0.366 acre tract of land being a portion of LOT 2A-R, BLOCK 1, HULEN BEND
ADDITION, being an Addition to the City of Fort Worth, Tarrant County, according to the plat thereof filed for
record in Cabinet B, Shde 2017, Texas, said 0 366 acre tract of land also being a portion of that certain tract of land
conveyed to HOLIDAY PARTNERS, LTD., by deed as recorded in Tarrant County Clerk's Instrument No.
D206354136, Official Public Records, Tarrant County, Texas, said 0.366 acre tract of land being a proposed
Detention Pond and Drainage Easement, and being more particularly described by metes and bounds as follows:
BEGINNING at a point on the north property line of said Lot 2A-R, same being the south right-of-way line of
Oakmont Boulevard (being a called 160 feet wide right-of-way at this point), from which a 1/2 inch iron rod found
(Controlling Monument) at the northeast property corner of said Lot 2A-R bears North 89°41 20" East, a distance of
106.02 feet said beginning point also having a grid coordinate of N 6,925,805.26 and E: 2,305,342.80;
THENCE over and across said Lot 2A-R the following courses and distances:
South 00°19' 17" East, a distance of 70.69 feet;
South 52°22'48" West, a distance of 101.54 feet;
North 75°04'27" West, a distance of 60.79 feet;
North 04°04'46" West, a distance of 116.51 feet to a point on the said north property line of Lot 2A-R,
same being the said south right-of-way line of Oakmont Boulevard, from which a 1/2 inch iron rod found at
the most northerly northwest property corner of said Lot 2A-R bears South 89°41'20" West, a distance of
118.79 feet;
THENCE North 89°41'20" East, along the said property line and along the said right-of-way line, a distance of
147.07 feet to the POINT OF BEGINNING.
The hereinabove described tract of land contains 0.366 acres (15,927 square feet) of land, more or less.
NOTE:
The bearings and distances recited hereinabove are based on a local coordinate system based on
NAD83, Texas North Central Zone 4202, scaled from grid to surface at N: 6,925,524.24 and E:
2 305,180.40, using a combined scale factor of 1.0001349007, derived from GPS RTK
observations using the North Texas VRS Network (maintained by Western Data Systems).
OF T1
.Qk* s RFO 9
ERIC S. SPOO. ER
92
Vev-6
Eric S.S.o 1'r,RPLS
Spooner & k ssociates Inc.
Texas Registration No. 5922
TBPLS Firm No. 10054900
Surveyed on the ground during the month of March, 2015.
PAGE 1 OF EXHIBIT "A"
SPOONER AND ASSOCIATES, INC, 309 BYERS STREEC, # 100, EULESS, TEXAS 76039 — PH. 817-685-8448 — ESPOONER@SPOONERSURVEYORS.COM SPOONERSURVEYORS.COM — S&A # 15-016
IIIIIIIIIIII IauVYlYLd6i IVII�WIuaYuilillllu6lVuVIWI111V11 VJIdIIWIVIIW��tlIYIWIVIIII
IWe18�WVWYi ulilY IIIII II14dIdlJlllllmIVVIVYVIIfJVVIII'IIIVIIVIII dfI tl I JmrkWm wVYI uuudIW1VYYIlYorIWVIuWI,I "�,1���6��n IV61 it mu I hlu IWWII'Ii�utldl�IlW � nI IVYW fIYIYIWVVillllll VIUIVYIiIuIIi�VIIIoWWIVIWIYII11du1nIVIlY11�IVIVi'IWIVJVIIVWVI'�.IYB6��IIIIVI I
uYO uiI�4Y IiIY��� II YIu I�u Y�r uY�"uW
PLAT OF EXHIBIT "A"
SEE ATTACHED LEGAL DESCRIPTION ON
PAGE 1 OF EXHIBIT "A" HEREIN
S894120"W — 118.79'
--I- -
EX. 26' EMERGENCY
ACCESS & UTILITY ESMT.
CAB. 8, SLIDE 2017,
P.R. T.C.T.
LOT 2C, BLOCK 1
HULEN BEND
CAB. B, SLIDE 2017,
P.R. T. C. T.
EX. 20' PUBLIC OPEN
SPACE EASEMENT
CAB. B, SLIDE 2017,
P.R.T.C.T.
PROPERTY
LINE
OAKMONT BOULEVARD
1
co I
t '
zo
oI
o�
z
R.O.W.-
(CALLED 120' WIDE RIGHT—OF—WAY)
(VOL. 6768, PG. 1406, D. R. T. C. T.)
N89°41'20"E — 147.07'
EX. 20' UTILITY ESMT.
VOL. 388-201, PG. 64,
P.R. T.C.T.
(SHADED)
EXHIBIT "A"
0.366 ACRES
(15,927 SQ. FT.)
I
Is
0\5
I
c(2) V
N75 4"-..,� �/ 5�'`L
27W� wed
6079,
JIOSEpQLLa 3�S �Q �1��� OSURVEY
I
EXHIBIT "A"
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
THE BASIS OF BEARINGS FOR THIS SURVEY IS
THE TEXAS STATE PLANE NAD83 NORTH CENTRAL ZONE (4202).
PROPERTY: LOT 2A-R, BLOCK 1, HULEN BEND
LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
WHOLE PROPERTY ACREAGE: 4.810 ACRES (CALC)
DATE: 08/27/2015
S&A JOB NO.: 15-016 I DRAWN BY: C.R.R.
CHECKED BY: E.S.S.
SPOONER & ASSOC., INC. 309 BYERS STREET, SUITE 100, EULESS, TX 76039, PH 817-685-8448
POINT OF
BEGINNING
N: 6, 925, 805.26
E: 2,305,342.80
r N89 °4120 E — 106.20'
LOT2A-R, BLOCK 1
HULEN BEND
CAB. B, SLIDE 2017,
P.R. T. C. T.
OWNER:
HOLIDAY PARTNERS, LTD.
T. C. C. 1. NO. D206354136,
O.P.R.T.C.T.
PAGE 2 OF EXHIBIT "A"
ACAD FILE: 15-016 DRAINAGE ESMT.dwg
SPOONER&
ASSOCIATES
Myk:aiYWie"irLY4:iltu4i,14k1014
REGISTERED PROFESSIONAL LAND SURVEYORS
309 BYERS STREET,#100
EULESS, TX 76039
TBPLS NO. 10054900 18171 685-8448
WWW.SPOONERSURVEYORS.COM
1/2" IRF
(CM)
—.--
PROPERTY
LINE
II
0 20' 40'
GRAPHIC SCALE IN FEET
1"=40'/I `t
. 7
EXHIBIT "Bl" - DETENTION POND SCHEMATIC
24" DIA.
4;ce-c- , '.(10.-
,/,/
5'X5MODIFIED "Y"
RY
POND OUTFALL
BOTTOM OF POND
DIA.
INFLOW PIPE
PLAN VIEW
N.T.S.
10' WIDE MAINTENANCE'
ACCESS ROAD
@,10% MAX SLOPE
30" DIA.
INFLOW PIPE
TOP OF POND
Ow
LLJ
!CD 2
a.
e
DATE:10-5-15
EXHIBIT "Bl"
CC:n j•.1J y 3,
730
725
EXHIBIT "B2" - CROSS SECTION
MATCH
PROPOSED
A.
•
24"OUTFLOW PIFE
720 ELEV=720.70�
5'X5'FOND OUTFALL
TOP E LEV. =626.00'
EXITING GRADE
1% SLOPE
FINISH GRADE
ELE✓=721.50
LIMITS OF POND
EXCAVATION
0+00 0+20 0+40 0+60 0+80 1+00
}3/Y4/1S
PROFILE SECTION "A -A"
SCALE: H:1 ": 20' V:1 ": 5'
740
730
PROP.
CURB
725
DATE: 10-5-15
740
730
725
720
EXHIBIT "B3" - CROSS SECTION
MATCH
PROPOSED
LEV=726.5 fELEV=726.00
x
ELEV=721.50—/
FTITSH GRADE
1% SLOPE
EXITING GRADE
MODIFIED "Y"
INLET PRIMAFY
POND OUTFALL
--%o-SLOPE
—ELEV=720.70'
OUTLET DEVICE
FROPOSED 10'�
MAINTENANCE
ACCESS ROAD
2;:o Iv1AX CROSS
SLOPE
TOP OF POND 726.00'
1 h!1—YR
WSE=724.36
\c .
MAINTENANCE
ACCESS ROAD
10% SLOPE
MATCH
PROPOSED
0+00 0+30 0+60 0+90 1+20 1+50 1+80 2+10
PROFILE SECTION "B-B"
SCALE: H:1 ": 30' V:1 ": 5'
740
730
725
720
DATE: 10-5-15
EXHIBIT "B4" - OUTFALL DETAIL
TOP OF BOX = 726.00
ELEV = 725.20
100-YR WSE=724.36
FL ELEV = 10-YR WSE=723.58
1 -YR WSE=722.75
FL ELEV=720.70
EMERGENCY SPILLWAY
PROP. 12" ORIFICE
MODIFIED "Y"-INLET
10" OPENING (ALL SIDES)
PROP. 24" PIPE
(PRIMARY DEVICE)
PROP. 12" 0 ORIFICE
DATE: 10-5-15
EXHIBIT "B5" - GRADING AND DRAINAGE PLAN
GRAPHIC SCALE
( IN FEET)
1 inch = 30 ft.
Nadi
GreenbergFarrow
HEADWALL
24'0.STORM FL 30'1721.50
N O 30%
BOTTOM: 720.70'
100 HGL: 724.36'
VOLUME 26,761 CF
OP.
RIP —RAP
OP. MODIFIED 'Y' INLET
FL 24'=720.70
PROJECT
MAINSTREET
EXHIBIT ' B5"
728.44 TC
727.94 G
1`'
729.24 TC
728.74 G
'728.60 TC
/ 728.10 G
1*
728.56 TC 728.22 TC
728.06 G 727.72 G
728.20 TC
N728.20 G
28.56
728.06 G
4'
L
» r/ Yyl/�s"
la /lE//C
PROJECT NUMBER:
20150240
5500 Democracy Dr. Suite 125
Plano, TX 75024
t: 972 514 7641
5 of 5
DATE: 10-5-15
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
engineenng 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
Rev. 12/29/2014
8
Exhibit "D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT
INSPECTION
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
Stormwater Quality
Structure
Type of Stormwater
Quality Structure
Structure type and
Condition
Condition of Rip -
Rap
DATE
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 12/29/2014
REPAIRS
REQUIRED
REPAIRS
MADE
NOTES
Condition of
filtration system
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
life
Condition of
Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 12/29/2014
10
Page 1 of 6
D215219526 912812015 2:36 PM PGS 6 Fee: $36.00 Submitter: SIMPLIFILE
Electronically Recorded by Tarrant County Clerk in Official Public Records c
dam'
SPECIAL WARRANTY DEED
a-i c , Mary Louise Garcia
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION
FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC
RECORDS• YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE
NUMBER.
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW AT A, MEN BY THESE PRESENTS:
THAT Holiday Partners, Ltd , a Texas limited partnership ("Grantor"), for and in
consideration of the sum of Ten and No/100 Dollars ($10.00) cash and other good and valuable
consideration paid to Grantor by MS Fort Worth, LLC, an Indiana limited liability company
("Grantee'), whose mailing address is 14390 Clay Terrace Blvd. Suite 205, Carmel, IN 46032,
the receipt and sufficiency of which are hereby acknowledged and confessed, has GRANTED,
BARGAINED SOLD AND CONVEYED and by these presents does GRANT, BARGAIN,
SELL AND CONVEY unto Grantee that certain real property ("Land') described on Exhibit "A"
attached hereto and incorporated herein by reference together with all rights if any, of Grantor
in the following: (a) all improvements, if any, attached to or placed, erected, constructed or
developed on the Land (the "Improvements '); (b) all surface water rights, timber, and crops
pertaining to the Land, (c) all proceeds from the taking of any of the Land or the Improvements,
or any rights appurtenant thereto by right of eminent domain or by private or other purchase in
lieu thereof, including change of grade of streets, curb cuts or other rights of access, for any
public or quasi -public use under any law; (d) all right, title and interest of Grantor in and to all
streets, roads, public places, easements and rights -of -way, existing or proposed, public or private
adjacent to or used in connection with belonging or pertaining to the Land (e) all rights
hereditaments and appurtenances pertaining to the foregoing; and (f) except as expressly
reserved herein, other interests of every kind and character that Grantor now has in and to the
Land and Improvements described herein and all property described herein and all property that
is used or useful in connection therewith, including rights of ingress and egress and all
reversionary rights or interests of Grantor with respect to such property, SAVE, LESS AND
EXCEPT all of the subsurface water, oil, gas hydrocarbons and other minerals previously
conveyed by Grantor under that certain Mineral Deed recorded March 7, 2011 as Instrument
#D211054232 and that certain Correction Mineral Deed recorded January 5, 2012 as Instrument
#D212003703, both in the Real Property Records, Tarrant County Texas, and the executive
rights retained by Grantor in such Mineral Deeds (collectively, the "Minerals;" all of said Land,
Improvements and other property, rights, title and interests, less only the Minerals, being
collectively referred to herein as the "Property"); subject to, however, the permitted
encumbrances ("Permitted Encumbrances") set forth on Exhibit `B," attached hereto and
incorporated herem by reference, and real estate taxes and standby fees for the year 2015 (which
have been prorated as of the date hereof and assumed by Grantee).
First American Title Order # Nes _ is 1-
ICr
Special Warranty Deed Page 1 of 3
For the same consideration, Grantor waives and conveys to Grantee all surface rights
(including all rights of and restrictions on surface entry) relating to the Property and the
Minerals, including without limitation, any and all surface rights relating to the executive rights
previously retained by Grantor. Nothing herein, however, restricts or prohibits the pooling or
unitization of the portion of the Minerals with land other than the Property; or the exploration or
production of the Minerals by means of wells that are drilled or mines that open on land other
than the Property but enter or bottom under the Property provided that such operations do not, in
any material manner interfere with the surface estate of the Property or the subsurface support of
any improvements constructed or to be constructed on the Property Any Mineral leases
encumbering the Property and executed by Grantor pursuant to any retained executive rights
shall contain similar language waiving all rights to surface entry or drilling by the lessee. The
foregoing covenants and obligations in this paragraph shall be binding on Grantor, its Mineral
lessees, and their respective successors and assigns, and Grantee and its successors and assigns
shall be entitled to enforce the foregoing by injunctive relief, in addition to other remedies
available to Grantee, or its successors and assigns, at law or in equity.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging, subject to the Permitted Encumbrances unto
Grantee, its successors and assigns, forever; and Grantor does hereby bind itself, its successors
and assigns, to WARRANT AND FOREVER DEFEND all and singular the said Property,
subject to the Permitted Encumbrances, unto Grantee its successors and assigns, against every
person whosoever lawfully claiming or to claim the same or any part thereof, by, through, or
under Grantor, but not otherwise.
EXCEPT AS EXPRESSLY PROVIDED IN THE REAL ESTATE PURCHASE
AGREEMENT BY AND BETWEEN GRANTOR AND GRANTEE DATED hLBRUARY 24,
2015, AS AMENDED, REGARDING THE PROPERTY, GRAN I LE ACKNOWLEDGES
THAT GRANTOR, ITS PRINCIPALS, AGENTS AND REPRESENTATIVES, HAVE NOT
MADE, AND GRANTOR SPECIFICALLY NEGATES AND DISCLAIMS ANY
REPRESENTATIONS, WARRANTIES PROMISES, COVENANTS, AGREEMENTS OR
GUARANTEES IMPLIED OR EXPRESS, ORAL OR WRH 1 EN IN RESPECT TO: (A) THE
PHYSICAL CONDITION OR ANY OTHER ASPECT OF THE PROPERTY, INCLUDING
THE QUALITY OR CHARAC I ER OF MATERIALS USED IN OR PRESENT ON THE
PROPERTY, AVAILABILITY AND QUANTITY OR QUALITY OF WATER, WASTE
DISPOSAL, STABILITY OF THE SOIL SUSCEPTIBILITY TO LANDSLIDE OR
FLOODING, SUFFICIENCY OF DRAINAGE, WATER LEAKS, WATER DAMAGE MOLD
OR ANY OTHER MATTER AFFECTING THE STABILITY, INTEGRITY OR CONDITION
OF THE PROPERTY; (B) THE CONFORMITY OF THE PROPERTY TO ANY ZONING,
LAND USE, HEALTH CODE REQUIREMENTS OR BUILDING CODE REQUIREMENTS
OR COMPLIANCE WITH ANY LAWS RULES ORDINANCES OR REGULATIONS
(SPECIFICALLY, BUT NOT BY WAY OF LIMITATION, HEALTH CODE REGULATIONS
OR LAWS) OF ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL AUTHORITY, OR
THE GRANTING OF ANY REQUIRED PERMITS OR APPROVALS, IF ANY, OF ANY
GOVERNMENTAL BODIES WHICH HAVE JURISDICTION OVER THE PROPERTY OR
ANY INFRASTRUCTURE; AND (C) THE HABITABILITY, MERCHANTABILITY,
PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY,
INCLUDING ANY DEFECTS, APPARENT, NON APPARENT OR LATENT, WHICH NOW
Special Warranty Deed Page 2 of 3
EXIST OR WHICH MAY HEREAFTER EXIST AND WHICH IF KNOWN TO GRANTEE,
WOULD CAUSE GRANTEE TO REFUSE TO PURCHASE THE PROPERTY.
IN WITNESS WHEREOF, this Special Warranty Deed is executed on this Oi 5 it' day of
September, 2015.
GRANTOR
HOLIDAY PARTNERS, LTD.,
a Texas limited partnership
By_ 6301 Partners, LLC
Its General Partner
By:
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
/Ow
Kyle Poulson, Manager
This instrument was acknowledged before me on theo5 day of September, 2015, by
Kyle Poulson, the Manager of 6301 Partners LLC, the General Partner of Holiday Partners Ltd.,
a Texas limited partnership, on behalf of the partnership.
C44 Pit Amy E. Rands&II
Commission Expires
1-tr ' 10-18-2017
After recording return to:
MS Fort Worth, LLC
Attn Alexander C O'Neill, Counsel
14390 Clay Terrace Blvd, Suite 205
Carmel, IN 46032
Notary
F:\Goodrich FilesWoulson, Kyle 589.000\Holiday Partners\Special Warranty Deed 9-21.45.doc
State of Texas
Special Warranty Deed Page 3 of 3
EXHIBIT A
Legal Description
TRACT 1:
Lot 2A-R1, Block 1 HULEN BEND, Final Plat, being a final plat of all of Lots 2A-R
and 2C Block 1, HIiLEN BEND, an Addition to the City of Fort Worth, Tarrant
County Texas, according to the Plat recorded on September 4, 2015 as
Document D215202308, Plat Records of Tarrant County, Texas.
TRACT 2:
Non_Exclusive Easement Estate for vehicular and pedestrian ingress and egress
as created by that certain Reciprocal Driveway Easement dated September 23,
1986, by James D. Gabbert, recorded in Volume 8726, Page 475, as amended by
that certain Easement Amendment and Grant Agreement, dated August 11 2015
and recorded September 8, 2015 as Document No. D215203600, Real Property
Records of Tarrant County, Texas.
TRACT 3:
Non -Exclusive Easement Estate for arr ss, egress and parking, as created by
that certain Parking and Restriction Declaration, dated October 1, 1986 by
James D. Gabbert, recorded in Volume 8773, Page 506, as amended by that
certain Easement Amendment and Grant Agreement, dated August 11, 2015 and
recorded September 8, 2015 as Document No. D215203600, Real Property
Records of Tarrant County, Texas.
TRACT 4:
Non -Exclusive Easement Estate for subsurface drainage as created by that
certain Private Drainage Easement, dated September 23, 1986, by James D
Gabbert, recorded in Volume 8726, Page 485, Real Property Records of Tarrant
County Texas.
TRACT 5:
Non -Exclusive Easement Estate for drainage as created by that certain Easement
and Right -of -Way, dated September 22, 1986, by and between Texas Electric
Service Company and James D. Gabbert, recorded in Volume 8726, Page 481,
Real Property Records of Tarrant County, Texas.
TRACT 6:
Non -Exclusive Easement Estate for private telephone cable as created by that
certain Warranty Deed, dated October 13, 1987 by and between Jim and
Barbara Gabbert and Gabbert's, Inc., recorded in Volume 9097, Page 1876, Real
Property Records of Tarrant County, Texas.
Exhibit A --Page 1
EXHIBIT B
Permitted Exceptions
1. Restrictive covenants described in instrument recorded in Cabinet B, Slide 2017,
Map Records, Tarrant County, Texas.
2. Restrictive covenants relating solely to the above -ground utilities as set forth on
page 2 of instrument filed 08/30/1984, recorded in Volume 7937, Page 607, Real Property
Records, Tarrant County, Texas.
3. The following easements and/or building lines, as shown on plat recorded in
Cabinet B, Slide 2017 Map Records, Tarrant County, Texas:
5' utility easement along the East, Southeast and Southwest sides;
Emergency access and utility easement,
20' utility easement along the North side;
20' public open space easement in the Northwest corner.
4. The following easements and/or building lines, as shown on plat recorded as
Document No. D2151202308, Map Records, Tarrant County, Texas:
Detention Pond Easement & Drainage Easement along the North portion;
26' wide Emergency Access Easement
5 Terms, provisions, conditions, and easements contained in Reciprocal Driveway
Easement, filed 10/22/1986, recorded in Volume 8726, Page 475, Real Property Records, Tarrant
County, Texas and as shown on the plat recorded in Cabinet B, Slide 2017, as amended by that
certain Easement Amendment and Grant Agreement, dated August 11, 2015 and recorded
September 8, 2015 as Document No. D215203600, Real Property/Map Records of Tarrant
County Texas.
6. Terms, provisions, conditions, and easements contained in Parking and
Restriction Declaration, filed 12/05/1986, recorded in Volume 8773, Page 506, Real Property
Records, Tarrant County, Texas, as amended by that certain Easement Amendment and Grant
Agreement dated August 11, 2015 and recorded September 8, 2015 as Document No
D215203600, Real Property/Map Records of Tarrant County, Texas.
7 Terms, provisions, conditions, and easements contained in Private Drainage
Easement, filed 10/22/1986, recorded in Volume 8726, Page 485, Real Property Records, Tarrant
County, Texas and as shown on the plat recorded in Cabinet B, Slide 2017, Map Records
Tarrant County, Texas. (10 foot private drainage easement for the benefit of TRACT 1.)
Exhibit B -- Page 1
8. Teiins, provisions conditions, and easements contained in Easement and Right of
Way, filed I0/22/1986, recorded in Volume 8726, Page 481, Real Property Records, Tarrant
County, Texas. (5 foot storm drain pipe easement for the benefit of TRACT 1.)
9. Agreement for Underground Electric Distribution Facilities by and between
James D. Gabbert and Texas Electric Service Company, filed 02/02/1987, recorded in Volume
8829, Page 448, Real Property Records, Tarrant County, Texas.
10. Sewer lines and appurtenances thereto as evidenced by City of Fort Worth Sewer
Plats, Sheet(s) 2024 360.
11. Mineral lease together with all rights, privileges and immunities incident thereto,
to Vargas Energy, Ltd from Holiday Partners, Ltd. described in instrument filed 06/04/2007,
recorded in cc# D207191702, Real Property Records, Tarrant County, Texas.
12. Mineral Deed including all coal, lignite, oil, gas and other minerals together with
all rights, privileges and immunities incident thereto executed by Holiday Partners, Ltd to H.
Hills Ltd.; Taylor Gandy; Taylor Gandy, Trustee of the Cheryl Anderson Trust B; Taylor Gandy,
Trustee of the Clif Overcash Jr Trust B; Taylor Gandy, Trustee of the Craig Overcash Trust B;
Huff Family, LP; Poulson Family, LP Cheryl Anthony; Clif Overcash Jr. and Craig Overcash,
filed 03/07/2011, recorded in cc# D211054232, Real Property Records Tarrant County Texas.
Correction Mineral Deed filed 01/05/2012, recorded in cc# D212003703, Real Property Records
Tarrant County, Texas.
Exhibit B - Page 2