HomeMy WebLinkAboutContract 55289 Date Received: 02/10/2021 City Secretary
Time Received: 11:57 am Number: 55289
RETAINING WALL
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this loth day of February
2021 by and betwccnLGI Homes - Texas, LLC, acting by and through Cheryl (Elaine)
Torres, 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 174.76 square foot tract located in the Nathaniel Holbrook Survey, Abstract
647, Fort Worth, Tarrant County, Texas according to the deed recorded in Document
Number D219248021, Deed Records, Tarrant County, Texas and being more particularly
described by metes and bounds in Exhibit"A", 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 Vista West 11, Phase 1, 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 the construction and maintenance of a Retaining
Wall Facility on a portion 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 a Retaining Wall Facility be constructed and maintained on a portion of the Property;
and;
OFFICIAL RECORD
CITY SECRETARY
RETAINING WALL MAINTENANCE AGREEMENT FT.WORTH,TX
Rev.11/19/2020 JLE
WHEREAS, the City requires that a Retaining Wall Facility ("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 on 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 Retaining Wall 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. Adequate maintenance is herein defined as good
working condition so that these facilities are performing their design functions.
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, which needs 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 pernussion 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.
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
RETAINING WALL MAINTENANCE AGREEMENT 2
Rev.11/19/2020 JLE
take whatever steps necessary to correct deficiencies identified in the
inspection report and to charge the costs of such repairs to the Landowner, its
successors and assigns. It is expressly understood and agreed that the City
is under no obligation to routinely maintain or repair said Facility, and in
no event shall this Agreement be construed to impose any such obligation
on the City, such obligation is Landowner's.
5. The Landowner, its successors and assigns, will perform the work necessary to
keep the Facility in good working order as appropriate. In the event the City
pursuant to this Agreement, performs work of any nature, or expends any funds
in performance of said work for labor, use of equipment, supplies, materials,
and the like, the Landowner, its successors and assigns, shall reimburse the
City upon demand, within thirty (30) days of receipt thereof for all actual costs
incurred by the City hereunder. In the event that Landowner or its successors
or assigns fail to pay the City for the costs incurred under this section, the City
shall impress a lien for the costs of such work upon other lots owned by the
Landowner. Such lien shall be perfected by filing in the office of the County
Clerk of Tarrant County, Texas an affidavit identifying the property to be
charged with such lien, stating the amount thereof, and making reference to
this Agreement.
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE
AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND
EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES,
LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION
WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE
FAILURE OF OWNER OR ANY FUTURE OWNERS OF THE ABOVE
FACILITITY PROPERTY TO MAINTAIN THE RETAINING WALL
IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY
RETAINING WALL MAINTENANCE AGREEMENT 3
Rev.11/19/2020 JLE
DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1)
EROSION OF THE SOIL BELOW THE RETAINING WALL AND ITS
FOOTING, , AND (2) AND FAILURE OF THE RETAINING WALL
AND ITS FOOTING TO OPERATE IN A MANNER CONSISTENT
WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OF
ITS DUTIES OR OBLIGATIONS HEREUNDER.
7. 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.
[REMAINDER OF THIS PAGE TO REMAIN BLANK]
RETAINING WALL MAINTENANCE AGREEMENT 4
Rev.11/19/2020 JLE
Executed this loth day of February 20 21
CITY: LANDOWNER:
Dana Burghdoff(Feb 10,20 09:05 CST
Dana Burghdoff, Asst. City Manager Elaine Torres, Officer
City of Fort Worth LGI Homes - Texas, LLC
Date: 2-10-2021 Date:
Approved as to Form and Legality:
Chrlsfia R LonPz-Reynolds
Christa R.Lopez-Reynolds(Feb 9,202116:36 CST)
Christa Reynolds, Sr. Asst. City Attorney
City Attorney's Office
Date: 2-9-2021
gd44�p11��
ATTEST: ap FORT as
00°00000°0��A
o° w
Ift° °0
�0��0`l � C70h'T,�L2J �vo o=� Contract Compliance Manager:
'for Ronald P.Gonzales(Feb 10,202111:34 CST) P $ o d
P�° mod By signing I acknowledge that 1 am the
Mary Kayser, City Secretary
City Secretary's Office �a11�EXp person responsible Soap
for the monitoring and administration of
Date: this contract, including
ensuring all performance and reporting
requirements.
Janie S. Morales, Planning Manager
Development Services
Date: 02/02/2021
OFFICIAL RECORD
CITY SECRETARY
RETAINING WALL MAINTENANCE AGREEMENT FT.WORTH,TX
Rev.1 111 9/20 2 0 JLE
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on February 10 20 21 by
Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth,
LAURIE Digitally signed by LAURIE
PEQUENO LEWIS
o�PaYP�eG LAURIE PEQUENO LEWIS PEQUENO LEWIS Date:2021.02.1010:1539-06'00'
a Notary Public
+ • STATE OF TEXAS Notary Public State of Texas
Notary I.D. 132278952 '
My Comm.Exp.Dec. 10,2023
STATE OF TEXAS
Q f §
1;�
COUNTY OF Td�T §
Before me, the undersigned authority on this day personally appeared
��n`,►w�df�s
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
LGZ u�•.ts — 7es LLB , and that he executed the same as its
QT,C-'j and as the act of such LG,z _s and for the purposes and
consideration expressed in the foregoing instrument.
�`"""''`�• THERESA DONIA f �^
m? y Notary Public, State 7-2022 Texas Notary Public, State of Texas
Comm. Expires 03-07
Notary ID 124914904
OFFICIAL RECORD
CITY SECRETARY
RETAINING WALL MAINTENANCE AGREEMENT FT.WORTH,TX
Rev.1111912020 JLE
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
RETAINING WALL MAINTENANCE AGREEMENT 7
Rev.11/19/2020 JLE
LEGEND: EXHIBIT "All CITY OF
0.P.R.T.C.T. OFFICIAL PUBLIC RECORDS OF FORT WORTH
J Z_
TARRANT COUNTY, TEXAS
D.R.T.C.T. DEED RECORDS OF TARRANT
COUNTY, TEXAS
INST. NO. INSTRUMENT NUMBER WEST
FL' PROPERTY LINE PO/NT
(C.M.) CONTROLLING MONUMENT �y
S IT E
200' 0' 100' 200' __—
NOTES. OLD WEATHE--RFORD RD
1. THIS EXHIBIT IS ISSUED IN
CONJUNCTION WITH A METES AND
BOUNDS DESCRIPTION PREPARED SCALE: 1"= 200'
UNDER JOB NO. 70113-01 BY
PAPE—DAWSON ENGINEERS, INC. LOCATION MAP
NOT-TO-SCALE
2. THE BEARINGS ARE BASED ON THE
TEXAS COORDINATE SYSTEM
ESTABLISHED FOR THE NORTH
CENTRAL ZONE (4202) FROM THE
NORTH AMERICAN DATUM OF 1983
NAD 83 NA2011 EPOCH 2O10.00. TRACT B
( ) LGI HOMES-TEXAS, LLC
INST. NO. D219248021
O.P.R.T.C.T.
CITY OF FORT WORTH
a�PA ���Q RETAINING WALL
�P o� of MAINTENANCE
( Li AGREEMENT AREA
POINT OF 07 �a J 0.0280 ACRES (1219 SF)
BEGINNINGL,
FOUND 1/2" IRON ROD W/ S111g'03 py
YELLOW PLASTIC CAP I 612.31,
"PAPE DAWSON" (C.M.) 10)
FOUND 1/2" IRON ROD W/
w
SEE DETAIL 'A' YELLOW PLASTIC CAP
3 M "PAPE DAWSON" (C.M.)_I_ 30 o
00 g POINT OF p S g
OD N COMMENCING Z N Z
Do 9
zPC
uj S00'11'15"E 502.84' SOO'11'15"E 697.22'
�Z a FOUND 1/2" IRON ROD W/ FOUND 1/2" IRON ROD W/
t�N
-,
J UJ'V)p m 1-:n YELLOW PLASTIC CAP YELLOW PLASTIC CAP
p
r z o N y In "PAPE DAWSON" (C.M.) "PAPE DAWSON" (C.M.)
NdJ0�N TRACT C
0 0 .o LGI HOMES-TEXAS, LLC
z=z w INST. NO. D220278250
` a O.P.R.T.C.T.
/ \ CURVE TABLE
CURVE RADIUS DELTA CHORD BEARING CHORD LENGTH
/L1 1 Cl 60.00' 106'33'35" S23'49'38"W 96.19' 111.59'
I l C2 70.00' 108'09'15" N24'37'28"E 113.37' 132.14'
1
LINE TABLE
SYMBOL LEGEND LINE BEARING LENGTH
DE NASL 'A' FOUND IRON ROD (AS NOTED) L1 S01'50'34"E 10.16'
oa
r PAPE-DAWSON L2 S60'32'46"W 10.00'
E
gns ENGINEERS
_J
s
06
r DALLAS I SAN ANTONIO I AUSTIN I HOUSTON I FORT WORTH
" 5810 TENNYSON PKWY,STE 425 1 PLAIIO,TX 75024 1214.420.8494 REVISED: JANUARY 26, 2021 PAGE 1 OF 3
'g TBPE FIRM REGISTRATION N470 1 TBPLS FIRM REGISTRATION V10194390 JANUARY 19, 2021 JOB No.: 701 13-01
tl..
$�
THIS DOCUMENT HAS BEEN PRODUCED FROM W17ER4Y THAT WAS STORED AND/qt TRANSNITIED EIECTRp11CAI1Y AND MAY HAVE BEEN INADVERTENTLY Al1EAED. RELY ONLY ON FINAL HARDCOPY W17EALILS BEAPoNO 1HE CONSIILTAN75 OPopNAL SIGNATURE AND SEAL
rdPAPE-DAWSON
ENGINEERS ,
EXHIBIT "A"
CITY OF FORT WORTH
RETAINING WALL MAINTENANCE AREA
BEING a tract of land, situated in the Nathaniel Holbrook Survey, Abstract No. 647, City of
Fort Worth, Tarrant County, Texas, and being a portion of Tract B as described in a Special
Warranty Deed to LGI Homes-Texas, LLC recorded in Instrument Number D219248021 of the
Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly
described by metes and bounds as follows;
COMMENCING at a found '/2" iron rod with yellow plastic cap marked "Pape-Dawson"
(controlling monument), being the southeast corner of a called 26.513 acre tract described
in deed to White Settlement Independent School District, recorded in Instrument Number
D206230768 in the Deed Records of Tarrant County, Texas (D.R.T.C.T.), some point being an
angle point on the westerly line of said Tract B;
THENCE, S 89°18'01" W, with the south line of said called 26.513 acre tract and the
westerly line of said Tract B, a distance of 200.04 feet to a found '/2" iron rod
with yellow plastic cap marked "Pape-Dawson" (controlling monument), a re-
entrant corner on the westerly line of said Tract B;
THENCE, S 00°1 1 ' 15" E, departing the south line of said called 26.513 acre tract, along
and with the west line of said Tract B, a distance of 502.84 feet;
THENCE, Over and across said Tract B, the following bearings and distances:
N 89°01 '34" E, a distance of 369.56 feet to the POINT OF BEGINNING;
S 01°50'34" E, a distance of 10.16 feet to the beginning of a non-tangent curve
to the left;
Southwesterly, along said curve to the left having a radius of 60.00 feet, a
central angle of 106033'35", a chord bearing and distance of S 23049'38" W,
96.19 feet, and an arc length of 1 1 1 .59 feet to a point;
S 60°32'46" W, a distance of 10.00 feet to the beginning of a non-tangent
curve to the right;
Transportation I Water Resources I Land Development I Surveying I Environmental
telephone: 214-420-8494 address: 5810 TENNYSON PARKWAY, SUITE 425 PLANO, TX 75024 website: PAPE-DAWSON.COM
Dallas I San Antonio I Austin I Houston I Fort Worth Texas Engineering Firm#470 Texas Surveying Firm#10194390
Page 3 of 3
EXHIBIT "A"
Northeasterly, along said curve to the right having a radius of 70.00 feet, a
central angle of 108'09'15", a chord bearing and distance of N 2403728" E,
113.37 feet, for an arc length of 132.14 feet to the POINT OF BEGINNING, and
CONTAINING 0.0280 of an Acre or 1,219 Square Feet of land more or less, and
being as described in accordance with a survey made on ground and
accompanied by an exhibit or survey map prepared under job number
70113-01 by Pape Dawson Engineers, Inc.
The Bearings are based on the Texas Coordinate System established for the North Central
Zone (4202) from the North American Datum of 1983 NAD 83 (NA201 1) epoch 2010.00.
For Pape Dawson Engineers, Inc.
..F TF
Co
MAR COS A. MAD RID
Marcos A. Madrid
A 6740
Registered Professional Land Surveyor
9 '•. Ess� ..• O
Texas Registration No. 6740 SUR\]�y
Firm Registration No. 10194390
Pape Dawson Engineers, Inc.
5810 Tennyson Parkway, Suite 425
Plano, Texas 75024
Tele. 214-420-8494
Email: mmadrid@page-dawson.com
Certification Date: January 19, 2021
Revision Date: January 26, 2021
THIS SURVEY SHOULD BE CONSIDERED NULL AND VOID WITHOUT AN ORIGINAL, DATED, WET INK
SIGNATURE AND AN ACCOMPANYING IMPRESSION SEAL OF THE REGISTERED PROFESSIONAL
LAND SURVEYOR.
rdPAPE-DAWSON
ENGINEERS
Z
ID
=a� v�z a z o
a ; o�W VW u�i� g
��� .Z wy o
-H. - - a " _ _ > _ . . m - LLohe
Cc 4b - ai o -
o= oz �W >a O
P m wccJ w
� UPo w a
mY4 z ¢ 0 g
«w22 w
o d
/ �"' J�/\ ��m r �6 Z \ \A'00�
8� LU
�s AJ�
Wol
/
e
10
LLLU
z
W
a i6y6 � ti
c/ ,gc
ae °
FQ��
E5�� 90y -
ry
e m
�o
N�
Ll
000
� � o
Aa NOISIA3a I 3M'ON I 08CLL SVX31 S0NV1000M 3H1
ants ivsitisi Q
erg m, NHS 3iis�oH�vd ..,e.� 0£b 311ns '3AId(1 SNI8SOd 3NVl OSbI
zeJ�[.axTaawa,�in 011 VX31 — S3W0H l '
]P3 m Naa P Y Pi i au N zZ[ 1 e
W m�-m 'S30 '3 8
StlX31'AWf10J 1Ntl821tl1'H180M laOJ
~ Z 18 L 3StlHd II 1S3M tl1SIA
Aa 31W Sllb'M ONINN13H AHNOS'V"
'�o d—
% , t
"o
An
;•o ; S "��u�tb F'• �
�s ea
RUM,
g•aaza"
---- -
oLMa E• C _ _ •b
A A A
iiiiiiii
S .
i
a
W
�1111II III a
f III
3 — 31 �Illi ���9�• - ? �.R€ a xz
S € ^ a
b b b b b b b b b b b b b F
_Iff m
a 'FS su4k y Wo z�c3f Y4 4 tl N�= Wa R o Yba k9�a III—IIIIT
_II
� � p .. a� III=1' i:•b:�b .�•_ k F
Vs
gn
-s=
8e G���. • N
y :" .'flILL
i8:
ri
INW aetX �W =II—ge m 3 1 7 e �;�`ezl
im 3 z3
5 •0-,e�xm m•-1 H ^
$ 3
_0_, i
3;
tt
u� S
Al
uR O�G YS ffiy&� G8 9��•�e4 m6 GW gE fl
tgj o 3Eis - W k 3 R
LL �IH 11 11 111
III
I�—
k�
�
Egg
3J
3
-
n IIIIIII III II o00
II
� o
a Irlll= E9 gg .a• .b: �
x x z
30e• •bbb IN
_o
- s_ F
��� �a �• sa�� s� � � WWI ,s•} � 6
'zsi ^� :�g8 ? • irz a ebb a b b b is $
i tu;