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Contract 45812 (2)
CITY SECIEAfl[ z � CONTRACTNO.' o�---- STORM WATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT is by and between RJ Ft. Worth I LLC, an Idaho limited liability company., 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 13.359 acre tract located in the William McCowen Survey, Abstract 999, Tarrant County, Texas according to the Special Warranty Deed to Baptist Foundation of Texas, a Texas nonprofit corporation, filed for record in Volume 9858, Page 1517, 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 Lot 1, Block 1 ILTexas Addition (FS-13-206) 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 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 RECEIVED AUG -1i 1014 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 Stouu 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 Stoma 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 perfomming 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 perfoiui 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 peniiission 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. 09/10/2012 2 4. In the event the Landowner, its successors and assigns, fails to maintain the Facility in good working condition as specified herein, and such failure remains uncured for a period of sixty (60) days following the Landowner's receipt of written notice from the City describing the failure (or such longer period as may be necessary to complete the cure, provided the Landowner is in the process of such cure) 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. its successors and assigns. 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, and following the time period provided in Section 4 above, 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 the Property . 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. The lien shall be subordinate to the lien of any deed of trust lien recorded prior to the inception date of the affidavit or statement of expenses required to be filed by City to perfect its lien. The City shall release its lien once it receives payment of the amount secured by the lien STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 3 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER, ITS SUCCESSORS AND ASSIGNS, AGREE TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANTS AND AGREES 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 FAILURE OF LANDOWNER TO MAINTAIN THE FACILITY IN THE MANNER REQUIRED BY THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO: (1) THE BED AND BANKS OF THE DETENTION POND; or (2) ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO FLOODING OF THE POND AND ITS BANKS, SLOPE FAILURE OF THE BANKS OF THE POND, OR FAILURE OF THE POND OR ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH THE ATTACHED CRITERIA OR THE PLAN. 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, shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 4 [SIGNATURE PAGE FOLLOWS] STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 REAL PROPERTY SERVICES ADMINISTRATIVE EASEMENT APPROVAL (Please do not rernove this checklist from the attached document. Please complete and return to Real Property Services) TIME SENSITIVE X Yes REAL PROPERTY SERVICES No Date. may 1, 2014 /7- 3/ 20/4/ AEA # 5804-RJFW1-SWFMA Originated by: Lexington Wright Asst. City Attorney: DOUG BLACK/JORDAN GRANT DOE # 5804 Document Type: 2 ORIGINAL STORMWATER FACILITY MAINTENANCE AGREEMENTS Standard Yes ►1 No C Parties: RJ FT.WORTH I, LLC AND CITY OF FORT WORTH Comments: ** PLEASE SEND TO CITY SECRETA COMPENSATION: $0.00 1. Recommended for Approval ( 12'C`cl `o 2. S OFFICE AFTER NOTARY** M&C-C-26788 Deanna Cody, Manager L -W DEPAR ► r . NT Assistant t-rY Attorney CITY MANA QER'S OFFICE 3. Fernando Costa, Assistant City Manager CITY SECRETARY'S OFFICE Mary J. Kayser, City Secretary Please forward to City Secretary's Office for signature and CSO Number (City Secretary, please call X8538 when ready for Pick Un. COMMENTS: PLEASE CALL LEXINGTON WRIGHT X8538 WHEN COMPLETE. Effective as of the date subscribed by the City's City Manager or designee. RJ Ft Worth I LLC, an Idaho limited liability company Fernando Costa P)_,110er Mark A. Bullock, Manager Date: al Pr ° sza STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 City of Fort Worth: Assistant City Manager Date: 7/31/14 M&C: e GradW Date: VLF/J(1 Approved as to Form and Legality: •Ls Assistant City Attorney 6,a.r Jac+�� ATT ST Mary J. jtr City Secretary FACIAL RECORD I T V SECRETARY . 1 i own, TN STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me onJCJI� 3/, Za 7` by Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. • Notary Public, State otTexas ANAL �����RY Pul4� gyp••=•• e� • ate w •� ti��• EVONIA DANIELS Notary Public, State of Texas My Commission Expires July 10, 2017 1 1 • STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 7 me, the undersigned authority on this 30-th day of 2014, personally appeared Mark At. St(/ock 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 RJ Et W o l-ti'i T LLCI qril4otho Li'mit4 `�nd that/he e� euceeh the same as its kiCiMith STATE OF ikttil § COUNTY OF s(ia--f' Lo& § Before in the foregoing instrument. MS i1.. Mla .IMS Notary Public RICHARD LIMB Cothmission #661823 My Common Expires December 17, 2016 State of Utah 1 I I I and as the act of such and for the purposes and consideration expressed • Public, State STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 8 EXHIBIT "A" LEGAL DESCRIPTION STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 EXHIBIT "A" METES & BOUNDS DESCRIPTION DETENTION AREA BEING a 1.201 acre tract of land located in the William McCowen Survey, Abstract No. 999, in the City of Fort Worth, Tarrant County, Texas, being a portion of called 576.484 acre tract of land as described in the Special Warranty Deed to Baptist Foundation of Texas, a Texas nonprofit corporation, filed for record in Volume 9858, Page 1517, Deed Records, Tarrant County, Texas (DRTCT), said 1.201 acre tract of land being more particularly described by metes & bounds as follows: COMMENCING at a 1/2 inch capped iron rod found stamped "Prism" for the southwest corner of Lot 27, Block 15, Tehama Ridge, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in County Clerk's Instrument No D212014811, Official Public Records, Tarrant County Texas (OPRTCT), and being on the north right-of-way line of Heritage Trace Parkway, a 120' right-of-way, as shown on the plat of Park Glen Boulevard Right -Of -Way, recorded in Cabinet A, Slide 6522, Plat Records, Tarrant County, Texas (PRTCT); THENCE South 89 degrees 35 minutes 35 seconds West, along said north right-of-way ime, a distance of 379.78 feet, to a 5/8 inch capped iron rod set stamped "Mycoskie McInnis' ; THENCE North 40 degrees 23 minutes 58 seconds West, departing said north right-of-way line, a distance of 681.40 feet, to the POINT OF BEGINNING; THENCE North 63 degrees 01 minutes 55 seconds East, a distance of 216.50 feet, to a point for corner, THENCE North 85 degrees 18 minutes 43 seconds East, a distance of 170.14 feet, to a point for corner, from which a 5/8 inch capped iron rod set stamped "Mycoskie McInnis" bears North 42 degrees 48 minutes 38 seconds East, a distance of 108.78 feet; THENCE South 02 degrees 14 minutes 33 seconds East, a distance of 245.25 feet, to a point for comer, THENCE South 88 degrees 47 minutes 22 seconds West, a distance of 72.60 feet, to a point for corner, THENCE North 59 degrees 13 minutes 45 seconds West, a distance of 251.08 feet, to a point for corner; THENCE North 85 degrees 52 minutes 01 seconds West, a distance of 84.03 feet, to the POINT OF BEGINNING and containing 1.201 acres (52,324 square feet) of land, more or less. BEARINGS SHOWN HEREON ARE IN REFERENCE TO THE NAD 83 - TEXAS COORDINATE SYSTEM - NORTH CENTRAL ZONE, 4202, BASED ON GPS OBSERVATIONS UTILIZING THE LEICA GPS REFERENCE NETWORK See attached Exhibit "B", Page 2 of 2, dated February 19, 2014 Ver Registered Professional Land Surveyor Date February 19, 2014 Page 1 of 2 TEHAMA RIDGE CC# D204325012 OPRTCT 10 9 8 7 OB EXHIBIT "A" DETENTION AREA WILLIAM McCOWEN SURVEY, ABSTRACT NO. 999 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS. 6 5 4 3 2 1 �c0 909 S1-3 N85618'43"E 170.1 PROPOSED LOT 1, BLOCK 1 ILTEXAS ADDITION WHIM 4 kg, S88 47'22"W 1r1 DETENTION AREA 1.201 ACRES (52,324 SQUARE FEET) cP Q 30' DRAINAGE & UTILITY EASEMENT (TRACT 1) CC#D199284686 OPRTCT I, JOSHUA D. WARGO, REGISTERED PROFESSIONAL LAND SURVEYOR, HEREBY STATE THAT THIS EXHIBIT WAS MADE FROM AN ACTUAL ON THE GROUND SURVEY BY MEORUNDER MY DIRECT SUPERVISION. JOSHUA D. WARGO F(SRUARY 19, 2014 REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6391 NOTES HERITAGE TRACE PARKWAY _ 120' RIGHT—OF—WAY CAB. A, SLIDE 6522, PRTCT (CC# 0201057259, OPRTCT) 9, ciRs S88 59'13'"E 172.10' CIRS S00 25'00 "E REMAINDER CALLED 576.484 ACRES BAPTIST FOUNDATION OF TEXAS VOL. 9858, PG. 1517 DRTCT ABBREVIATIONS CIRF CC/ DRTCT OPRTCT PRTCT VOL. PG. CAB. POB POC CIRS CAPPED IRON ROD FOUND COUNTY CLERK'S NUMBER DEED RECORDS TARRANT COUNTY, TEXAS OFFICIAL PUBLIC RECORDS TARRANT COUNTY TEXAS PLAT RECORDS TARRANT COUNTY TEXAS VOLUME PAGE CABINET POINT OF BEGINNING POINT OF COMMENCING CAPPED IRON ROD SET STAMPED MYCOSKIE MCCINNIS" SW CORNER LOT 27, BLK 15 TEHAMA RIDGE CC f/D212014811 OPRTCT POC 1/2 CIRF PRISM' 1. BEARINGS SHOWN HEREON ARE IN REFERENCE TO 7HE NAD 83 — TEXAS COORDINATE SYSTEM — NORTH CENTRAL ZONE, 4202, BASED ON GPS OBSERVATIONS UTILIZING THE LEICA GPS REFERENCE NETWORK. 2. SEE LEGAL DESCRIPTION (EXHIBIT A) PAGE 1 OF 2, DATED 02/19/14. S8935'35"W 379.78' CIRS DATE: 02/9/14 SCALE: 1" = 700' DRAWN BY: ✓DW CHECKED BY:ESW JOB. NO.: 27/s—oo—o1 m mla mycoskie E-mcirw istfcaSSO(iates civil engineering swveyiig landscape ercNitedwa planing tbpe registration number: f — 2759 tbpls registration/license number: 10088000 200 east abrom arlington, texas 76010 817-469-1671 fax: 817-274-8757 www.mmatexas.com PAGE 2 OF 2 2 EXHIBIT "B" DESIGN SPECIFICATIONS STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 L1 ,a• G f Et u rs I.L.TEXAS FORT WORTH 112201 HERITAGE TRACE PKWY DETENTION POND PLAN FORT WORTH, TX f Jo T a2vd - g ;Igjgxa eaaaaM ¢.0 a 33� sas�It WA b FFF6'Ya 441111c.1, 11t4IU t pa ij twit: !, Lr11il : {kr ji s X 4.11111.4. t11➢111 f II 8: f ! u1+[11• WWI 1 fg :) 1 II lilt!' 1 6F s� 1.11111.!+.1111111 ec SB:f mt i3 { 4amiY.7£L<imii;ii; T1 r `rii32id0i177i7idi$di I} xtf[Yfftlf tl.t{ SSS:SFSSSSSSSSSSSS ]¢f tf�l apf" Y.L ifs i.3_ya iieiaFies"ea`diaaiaai Eie;3i_'4StatIMIVS flS xsrs•se=s3iftaea rsesx S3SISSS{SFf{ti[SS 1 A{efitlAAA&tf3fiitt. j t r a sa kifl S 1'?i=?=3'x t His"ss'@'xi'a S er s {ssssu s[assse f•:tn is tjV';C t'y {[itii{itf{{{{[I[Iil sp• f{t sssfxhs=3[i 1aCt cf itisicfxixxf-_ 1 II t i 1 F P gg 'tt C§sib N sfi $� apa rz W & d a 0 a o c a P P 9 9 I.L.TEXAS FORT WORTH q h 2201 HERITAGE TRACE PKWY DETENTION POND CALCULATIONS FORT WORTH, TEXAS 173oZa2ed-gMUTca N 4itlNtlY16 K40kr%I Ki1MKW R KOOK ep74K4 • •NW* 4 4X WI 4r 9•4 r ang ***1OOOOOO ax,a nog's. • . • ♦ . • . . / `�` -_ • •__ A g4 4 • • ...•• •4 ••• •4 • 4• • • ••••. ••.• •16••• •• :...4: , : a .1; `1 •.• . 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J . _ • . . . . . ..' '. L' C2 •t zufEreall PLANT SCHEDULE s.uaer, 0 MLr 0 0 0 0 0 0 0 C.W st& COven • LK 559 5% an r. 09 'OS .M9 .tO 9 92 59 '45 70 98 rye aY 2w MM•t cow 1 tA: rL CID* cut / LASS C4ti uO ' C WtARY: oweIW / oaslic ; MU(IIL r.Drc? CRAPE ✓rk*GC / 4.4:CRsrICOGWA X 1115U14ytA' LAC19WR E M / mums 4RefrOrN 'LA EE k Ent' Sh:W1.440 4ED ark / OiFtut 54•:YURLW b * 8 OA GGw44#41# a s a.a4 C?YrAR.EF 0 4 60R tewratec r a ea4 ",Xwrax•CY tla 9 cur Mar COM' MU'CIRtA Ju'mCC / .PA tau. NOR`ZONTACf$ 'COMRKTA' wrist sax 'S'ASPLN&T' / SALL\A Or/G[0 YUCK LASl.A / OA:CA lWVrd'SGCNS tall GRASS / 4.11IL04.001CA 4$CC t nfr 9u*'t4D orittr/ rY,CM COrOWYA Waiter WMA' r6WHG'S Sn VTWs2FWRY / ClMCA64!'s X mew. ,wDMN RAWtNCANC 'QAA.i' / 514a44.00LairS .NtTfA 'Clair' Mrr';Cxaar gOSE / AIM rYRANS 'Yt1tnO&T' rll RAYYlu(R'.S M:*tY// An.uu./R%RGAA ' L14CtVE1AR'G^ IACYKIN /SAMER GRASS / 01045$f11A I$NVG<JAIA ntor WNW / 44,1045EAGM WrLURT. M1Y.1Y GOl40.05flR / COrnM{ASrda rcflCM'4U5 tLYAS $Liar Glows / N.XRM it44tM OW( rot MV.r'Y! DUCK / SA&Ck G4rLG5 Mow[ ASwv assswL / r/4mY2,..J'i CMuu AG.tLM;;,`M GCAr4rin gtPtr'.YSM / Cwun. fl.A'4r'A'M / msal s• Crr..4..04 wL tn. r• SFASO'+Y. [MOO / WASGNAL CGt04 5 Ca. 5 GAt. 5 Cu- ! tat 5 CAt 5 CAC 5 cr4 5 G4. 5 G4t. scu GAL 5 GAL s dd.. 5 GA CON? A- Pon rotirdl M12CN SIk.D sco A' tors Y CAL r I"-r2' M J- CAL 'I' rr 9T J' CAL Y'-•G' HT }' CAI ' sr- t2' ut J• OIL 'I'-r2' .I Y✓• roWNY MiA".r. Ywh.V at Ite Dan LANDSCAPE PLAN FORT WORTH, TEXAS 92/55/2GIA ♦ PERIM tl$1.Y • 2nt-oo-w it Can le atilt 4 YnNNF mn.Ymt. 173ofir a2rd-gWlT d 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, o r 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 e ngineering 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 n ecessary 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 Rev. 09/10/2012 11 Exhibit "D" Storm Water 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 Storm Water Quality Structure Type of Storm Water Quality Structure Structure type and Condition Condition of Rip - Rap Condition of filtration system DATE REPAIRS REPAIRS REQUIRED MADE NOTES STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Foundation STORM WATER FACILITY MAINTENANCE AGREEMENT Rev. 09/10/2012 M&C Review Page 1 of 1 DATE: UNCIL COUNCIL ACTION: Approved on 5/6/2014 5/6/2014 REFERENCE NO.: **C-26788 CODE: C SUBJECT: LOG NAME: PUBLIC HEARING: Authorize Execution of a Stormwater Facility Maintenance Agreement with RJ Ft. Worth I LLC, on Property Located at 2201 Heritage Trace Parkway Containing 1.201 Acres of Land in Tract 2L, Abstract 999, William McCowen Survey, at No Expense to the City (COUNCIL DISTRICT 7) Official site of the City of Fort Worth Texas FORT WO T i 20ROWE5804- RJFW1 SWFMA TYPE: CONSENT NO RECOMMENDATION: It is recommended that the City Council authorize the execution of a Stormwater Facility Maintenance Agreement with RJ Ft. Worth I LLC, on property located at 2201 Heritage Trace Parkway containing 1.201 acres of land in Tract 2L, Abstract 999, William McCowen Survey, at no expense to the City. DISCUSSION: RJ Ft. Worth I LLC, is the owner of a 13.359 acre tract of land on which 1 201 acres of land will be used to construct a detention pond. The facility is being constructed to capture and limit stormwater run-off from the subject property to pre -development levels. The detention pond will be located on Tract 2L, Abstract 999, William McCowen Survey also known as 2201 Heritage Trace Parkway. The landowner and successors are required to maintain the stormwater facility at no expense to the City. The Stormwater Facility Maintenance Agreement will ensure proper maintenance of the detention pond by RJ Ft. Worth I LLC However, if the landowner fails to properly maintain the improvements, the Agreement gives the City the right to take all steps necessary to ensure the stormwater facility is operating according to City standards and to correct any deficiencies. This requirement and right run with the land. The facilities are located in COUNCIL DISTRICT 7, Mapsco 21S. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for Citv Manaaer's Office bv: Oriainatina Department Head: Additional Information Contact: ATTACHMENTS 5804-ROWE5804-RJFW1 SWFMA.odf Fernando Costa (6122) Douglas Wiersig (7801) Lexington Wright (6645) http://apps.cfwnet org/council_packet/mc review.asp7ID=19687&councildate=5/6/2014 8/5/2014