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DRAINAGE CHANNEL
MAINTENANCE AGREEMENT
SEVEN OAKS ADDITION
SOUTH CHANNEL
etita.r
THIS AGREEMENT, made and entered into this day of Augusts 2015, by and
between Arbors Development, LLC, a Texas Limited Liability Company, acting by and
through Ronald B. Forman, President, hereinafter referred to as "Landowner", and the
City of Fort Worth, hereinafter referred to as "City".
WITNES SETH
WHEREAS, the Landowner is the owner of certain real property described as an
approximately 63.613 acre tract located in the Hiram Little Survey, Abstract 930, Fort
Worth, Tarrant County, Texas according to the deed recorded in County Clerk's File No.
D 214015476, 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 Seven Oaks, 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 Drainage Facilities be constructed and maintained on a portion of the Property;
and;
WHEREAS, the City requires that on -site Drainage Facilities ("Facility") as shown
on the Plan be constructed and adequately maintained by the Landowner, its successors
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev. 7/2006
OFFICIAL itiliC010
CITY [ Kt
FT. WORTH,TX
1
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:
The Landowner, its successors and assigns, shall adequately construct and
maintain the on -site Drainage 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 Drainage 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 Drainage Channel 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
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev. 7/2006
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
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev. 7/2006
3
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 DRAINAGE CHANNEL IN ACCORDANCE HEREWITH, OR AS
A RESULT OF ANY DAMAGES CAUSED TO PERSON OR
PROPERTY DUE TO (1) FLOODING OF THE CHANNEL AND ITS
BANKS, (2) SLOPE FAILURE OF THE BANK OF THE CHANNEL,
AND (3) AND FAILURE OF THE CHANNEL 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 channel outlined on Exhibit "A" but this paragraph shall
not preclude construction of other improvements within the drainage channel,
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.
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev. 7/2006
4
Executed thi
day of Augush 2015.
Landowner
Arbors Development, LLC
A Texas ited Liability C mpany
N. e: Ronald B. F
06�r
Title :A.V.6%
City
City of Fort Worth
Jesus J. Chapa
Assistant City Manager
Approved as to Form and Legality
t�l_
Assistant City At-ney
ATTEST
City Seju
y
itil&C REQUIRED
OFFILiw` RECORD
CITY SECRETARY
FT. WORm, TX
rea
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev. 7/2006
5
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on (Tksf -01S by
Jesus J. Chapa, Assistant City Manager of the City of Fort Worth, on behalf of the City of
Fort Worth.
U.
Sataiditeditsinit
LINDA M. HIF1RLINGER
MY COMMISSION EXPIRES
Febwwary 2, 2018
natatella
STATE OF TEXAS
COUNTY OF TARRANT
4ciftarxr 44 - 44
Notary Public, State of )alds(aUW-4
Before me, the undersigned authority on this day personally appeared Ronald B.
Forman, President of Arbors Development, LLC, a Texas Limited Liability Company,
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 Arbors Development, LLC, and that he
executed the same as its President and as the act of such Arbors De elopment, LLC and
for the purposes and consideration expressed in the 4mg q ig instru nt.
c
Notary Public, State of Texas
S •t$' tS
WILLIAM LEE BOOMER -
My Commission Expires
May 15, 2016
4
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
LOCiff-
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev. 7/2006
6
FlELD NOTES:
Exhibit "A"
Storm Water Facility
Maintenance Agreement
Situated in the
SURVEY, Abst.
No 930,
Tarrant County, Texas.
Description for a 100' drainage easement situated in the HIRAM LITTLE SURVEY, Abst. No. 930, Tarrant County,
Texas, being over, under, and across a portion of the tract described in deed to Seven Oaks—FW, Ltd. by deed
recorded in Document Number D215203833, County Clerk's Records, Tarrant County, Texas, and being more
particularly described as follows:
Commencing at an angle iron, the southeast corner of said Seven Oaks—FW, Ltd. tract, for an ell corner of the
tract described in deed as Tract A to Margie Nell Norman by deed recorded in Volume 10573, Page 346, Deed
Records, Tarrant County, Texas;
THENCE N 83'34'53" W, 776
THENCE S 89'23'35"
Ltd. tract bears
THENCE
72 feet to the Paint of Beginning of the herein described easement;
W, 689.89 feet, from which a 1/2" iron rod, the southwest corner of said Seven Oaks—FW,
S 83'32 34 " W, 932.03 feet;
01'41 01 " E, 75.06 feet;
ENCE N 00'36'25" W, 25.00 feet;
THENCE N 89 23'35" E, 686.89 feet from which a 1/2" iron rod capped MIZELL 6165 for the northeast corner of
said Seven Oaks—F , Ltd. tract bears N 33'45 51 " E, 1394.32 feet;
THENCE S 00'36125" E, 100.00 feet to the POINT OF BEGINNING and containing 1.579 acres (68,802 square feet)
of land.
NOTES:
BEARINGS CORRELATED TO DEED CALL S 00'05'l0" W
ALONG EAST LINE OF S11t.
SUFFICIENT RESEARCH WAS PERFORMED TO DETERMINE
774E BOUNDARY LOCATIONS OF MS PROPERTY.
THIS SURVEY DOES NOT PURPORT TO SHOW ALL
EA.SOIDVIS AND O777ER MAI We) 7N4 r A COUPLETE TnLE
SEARCH MIGHT REVEAL.
NO IMPROVEMENTS SOWN.
TEXAS GEOSPATL4L
WWW. TXGEO COM
4918 BEN PAY MURRIN RD.
FT. NORTH, TX 76126
817-441-6199
FAX• 817-441-6805
TBPLS FIRM NO. 10083300
i.P1-11 '.'I 3. MI7El_L
771E PLAT HEREON WAS PREPARED FROM AN ACTUAL
ON 774E GROUND SURVEY OF THE LEGALLY Inns
PROPERTY SHO HE7ZQE
STEPHEI 177iT I
REGJSIEh1ED PROFESSIONAL IL11VD SURVEYOR
7EYAS REGISTRATION NO. 6165
PREPARED APRIL 24, 2015
REVISED SEPTE7,tBER 14, 2015 (OWNER)
.R7Lx 1 1 OF 2 14072DES1472 SWIM St/
4.
1
) Ai id raggi1101112,1011411.
1/Y IRON+
ROD
ao
u
SEVEN OAKS-FW, LTD.
DOC. NO. D2152038t3
C.C.R.LC.T.
13 n
14 1e
u 14
n N 89'23135 E
J I I I
S 89'23135" W
FRANCS RUTH KuiRSON
TRACT 8
VOL 10573, PG. 346
D.R.T.C.T.
SCALE 1" = 200'
7EX4S GEOSPA77AL
wwW, 7XGEo.cow
4918 BEN DAY MURRIN RD.
FT WORTH, 7X 76126
817 441 6199
FAX: 817-441-6805
TBPLS FIRM NO. 10083300
10
NOTES:
17
J
11
XIRfA( LITTLE' SURPSY
ASST. NO. 930
a ,y:`ry
33 Tt 3 D
684 893 x
C ..J,
89 Li
689.POINT OF
J , La BEp 1-
4
100' DRNNAGE EASEMENT
1.579 ACRES
68,802 SQ. Ft
n
1/2- IRON ROD
CAPPED IMZEIL
6165
n
FUTURE PHASE
0 SEVEN OAKS
n 40 l a a
MARGIE NELL NORMAN
TRACT A
WC 10573, PG. 348
DR.LC.T.
BEVNNOS CORRELATED 70 DEED GILL S 00-05'10. W
ALONG EAST UNE OF SHE
SUTt7CIENT RESEARCH WAS PERFORMED TO DETERMINE
THE 9OUNLNRY LOCATIONS OF THIS PROPERTY.
THIS SURVEY DOES NOT PURPORT TO SNOW AIL
EASE/OHM AND 0714E9 MAT1E75 71HTA COMPLETE TTRE
SEARCH M6CHT REVEAL
M9 1 MPROV EI4E V I S SHOWN
.. ,. j�• .,....,
4URVE u
TH£ PLAT HEREON WAS PREPARED FROM All ACTUAL
ON THE GROUND SURVEY OF THE LECALLI DESCRIBED
PROPER S114 Hurt
12E11.
PROFESSIONAL LAND SURVEYOR
TEXAS AApp;RR(�(ATIW M7. 5S6165
RS£P1EV9ER' 14012015 (ON71ER)
SHEET 2 OF 2
44
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.2 6.72'......
UNE TABLE
BEARING
N 01'41'O1" E
N 00°36125" W
S 00'3675" E
POINT OF
COMMENCING
ANGLE IRON
DISTANCE I
75.06' 1
25.00'
199.02
Exhibit "A"
Storm Water Facility
Maintenance Agreement
Situated in the
=All LITTLE SURVEY, Abst.
No 930,
Tarrant County, Texas.
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STORM WATER
PLAN AND PROFILE
BARREL Oil( DRIVE
STA. 12+00.00 TO STA. 16+10.ES
SEVEN OAKS
PHASE ONE
CITY OF FORT WORTH. TEXAS
OEPARITAENT OF ENOINEERINO
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Exhibit "C"
CITY OF FORT WORTH DRAINAGE CHANNEL 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.
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev. 7/2006
8
Exhibit "D"
Drainage Channel Structural Maintenance CHECKLIST
FREQUENT
INSPECTION
Mowing
Remove Trash and
debris
Inspect irrigation
system operation
Remove grass
clippings
Violations Noted
MINOR
INSPECTION
Condition of Channel
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 Storni
Water Quality
Structure
Type of Storm Water
Quality Structure
Structure type and
Condition
Condition of Rip -Rap
Condition of filtration
system
DATE
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev. 7/2006
REPAIRS REPAIRS
REQUIRED MADE
NOTES
•
Beiiu or Embankment
Settlement
Location of erosion
Evidence of Animals
1-4vidence of Aquatic
life
Condition of Aeration
Foundation
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev. 7/2006