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Home My WebLink AboutContract 55693Date Received: 05/11/2021 Time Received: 12:16 pm City Secretary Number: 55693 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 7th day of May , 2021 , by and between Starlight Homes Texas, LLC, acting by and through Daniel Satsky, 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 49 acre tract located in the A.S. Roberts Survey, Abstract 1262, Tarrant County, Texas according to the deed recorded in D220280544, 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 Ranch at Duck Creek, 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 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 STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 11 / 17/2016 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1 WHEREAS, the City requires that on-site Stormwater 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 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 Stormwater 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev. 11 / 17/2016 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 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 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 obli�ation 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev. 11 / 17/2016 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 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. 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. STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev. 11 / 17/2016 [SIGNATURE PAGE FOLLOWS] Executed this 7th CITY: �Gt�1Gl �GL�GI�l4t0� Dana Burghdoff (Ma��y 7, 202��:39� day of M ay Dana Burghdoff, Asst. City Manager City of Fort Worth Date: 5/7/21 Approved as to Form and Legality: �'�z�t� /� .L.�� Christa R Lapez-Reynalds (May7, 20� 10: T) �—G' Christa Reynolds, Sr. Asst. City Attorney City Attorney's Office Date: ATTEST: fa� Rohqld P. Govrzqles for Ronald P. Gonzales (May 7, 202ll524 CDT) Mary Kayser, City Secretary City Secretary's Office Date: 5/7/2021 ,d�.vvn�� a p � � FORp�ad � �� l. ° G�o �°��Id �Vo °=A (% o o° d �� nEXA?aa� n� 2021 LANDOWNER: Sta light Ho Texas, L C Daniel Satsky, VP of Land Acquisition & Development 4/26/2021 Date: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Tanie scqrlett MorAles Janie Scarlett Morales (May 4, 20211427 CDT) Janie S. Morales, Planning Manager Development Services OFFICIAL RECORD Date: 5/4/2021 CITY SECRETARY FT. WORTH, TX STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev. 11 /17/2016 STATE OF TEXAS COUNTY OF TARRANT � ti This instrument was acknowledged before me on May 7, 2021 by Dana Burghdotf, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. o,�p.RY/'ve, JENNIFER L. EZERNACK _ q � Notary Public + �S[7 + STATE OF TEXAS NT GV Q Notary I.D. 130561630 9rFOF� My Comm. Exp. Mar. 1, 2024 STATE OF TEXAS COUNTY OF TARRANT Before me, the � known to me to be the person whose name is subscribed to the foregoing instrument and acknowled e to �yr e that the same is the act of Q„S � J� �.,.� nd that he executed the same as its and as the act of such and for the purposes and consideration expressed in the foregoing instrument. � F'��m ��RIA�!'aYL�R *c�� * Notary Public, Stale of Texas w� � y Comm. Expires 06-03-2024 9J�aF'� NotarylD521215-6 STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 11 /17/2016 § § on this Q�Q� personally day of appeared Jennifer L DigitallysignedbyJenniferLEzernack Date: 2021.05.07 1421:19 -OS'00' Ezernack AdobeAcrobatversion:2021.001.20150 Notary Public, State of Texas undersigned authority �, i 2 (b2� � Notary Public, State of Tex OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ��LJ/ V 7 �� Q CIVIL ENGINEERS � PLANNERS � SURVEYORS �� ° EXHIBIT "A" LEGAL DESCRIPTION FOR DRAINAGE EASEMENT All that certain lot, tract, or parcel of land, situated in a portion of the A. S. Roberts Survey, Abstract No. 1262, City of Fort Worth, Tarrant County, Texas, being part of that certain called 86.314 acre tract described in a deed to TFCC Coburn LLC recorded in Instrument No. D220280544 of the Deed Records of Tarrant County, Texas (DRTCT), and being more completely described as follows, to-wit: COMMENCING at a 3/4" iron rod found for the Northeast corner of said 86.314 acre tract, the Southwest corner of Boswell Meadows, Phase 1 recorded in Cabinet A, Slide 10870 of the Plat Records of Tarrant County, Texas (PRTCT), in the West line of Quarter Horse Estates recorded in Instrument No. D219221530 (PRTCT), being in the recognized East line of said Roberts Survey and the recognized West line of the I. & G. N. RR. Co. Survey, Abstract No. 834, from which a 1/2" capped iron rod found stamped "GOODWIN & MARSHALL" for the Northwest corner of said 86.314 acre tract bears South 89 deg. 40 min. 25 sec. West - 1,878.62 feet; THENCE South 81 deg. 46 min. 27 sec. West departing said lines, a distance of 839.71 feet to the TRUE POINT OF BEGINNING; THENCE South 50 deg. 57 min. 50 sec. East, a distance of 48.13 feet; THENCE South 47 deg. 46 min. O6 sec. East, a distance of 100.00 feet to a Point of Curvature of a non-tangent circular curve to the left, having a radius of 50.00 feet, a central angle of 23 deg. 13 min. 41 sec., and being subtended by a chord which bears South 39 deg. 58 min. 55 sec. West - 20.13 feet; THENCE in a southwesterly direction along said curve to the left, a distance of 20.27 feet; THENCE North 61 deg. 37 min. 55 sec. West non-tangent to said curve, a distance of 97.00 feet; THENCE North 50 deg. 57 min. 50 sec. West, a distance of 52.32 feet; THENCE North 39 deg. 02 min. 10 sec. East, a distance of 43.66 feet to the POINT OF BEGINNING, containing 5,303 square feet or 0.122 acres of land, more or less. Bearings are referenced to Texas State Plane Coordinate System, North Central Zone (4202J, North American Datum of 1983 as derived from GPS observation. Exhibit map attached and made a part hereof. t� ��° �F-��° 5'�� G�',� �R�o S' ........�..... .. JOHN N. ROGERS � �;-o,� � 6372 . P:: .. �� URV�� /22/zozz E:\10874 Starlight Homes - Boaz Road\COGO\GM EASEMENTS\DRAINAGE EASEMENTS\10874-DE2.dwg ��j�QQ � rJ� � TEXAS • 2405 Mustang Drive • Grapevine, TX 16051 • 811329.4313 • TxSury firm #10021100 TENNESSEE • 6014 Apple Tree Drive • Memphis, TN 3811i • 901.881.9188 ARIZONA • 2105 South Alma School Road, Suite 2• Chandler, A7 85286 • 602.218.1285 COLORADO • 8400 E. Prentice Ave. • Greenwood Village, CO 801 I I• 303.459.4861 / / BOSWELL MEADOWS, PHASE ll CAB. A, SL. 72713 � P. R. T. C. T. l2EMAlNDER OF CALLED 225.01 ACRES, PARCEL l � LORIN ALBERT BOSWELL, JR. � POINT OF VOL. 6868, PG. 2233 COMMENCING i/2" C.I.R.F. D.R.T.C.T. 3/4" I.R.F. "GOODWIN & MARSHALL" — — — — — — — — � — — S 89°40'25" W 1878.62' — — — �. POINT OF BEGINNINI N 39°02'10" E 0 60 43.66' / �S � / ''� \ � I S 50°57'50" E � 48.13' � ' _ � � SCALE IN FEET V�,o OO / ��//OR N 50°57'50" W �6p �, Q��,G� __ 52.32' N 6�F Q►O � / 6 � Q � � pG3�pOO �C�D DRAINAGE EASEMENT �� 9� �SS'� / �� / �� Q� 5,303 SQ. F7: /0.122AC. '�0' � � � DD MC�C� C�G�3C�C�C�G�v R=50.00' p�Q�� L=20.27' � _ - � 0=23°13'41" - I - � CB=S39°58'55"W EY c�=�ai 3� 1,s SU�v-2 � � S� RO�� r(' NO• r�� / BEARINGS ARE REFERENCED TO A. ��r�A /�C 1 I / TEXAS STATE PLANE COORDINATE A 11" � I / SYSTEM, NORTH CENTRAL ZONE (4202�, NORTH AMERICAN � � DATUM OF 1983 AS DERIVED FROM GPS OBSERVATION. EXHIBIT "A" MAP SHOWING DRAINAGE EASEMENT, SITUATED IN A PORTION OF THE A. S. ROBERTS SURVEY, ABSTRACT NO. 1262 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS �� Z Job No.: 10874 Scale: 1"=60' Sheet ��1��--�� Z Drafted: L.J.C. Checked: J.N.R. � CIVIL ENGINEERS - PLANNERS -- SURVEYORS Surveyed on the Ground: O1 /27/2020 Of 2405 Mustang Drive, Grapevine, Texas 76051 (817) 329 - 4373 TxEng Firm # F-2944 — TxSury Firm # 10021700 CALLED86.314ACRES � ...••• TFCC COBURN, LLC a39 �l' ,..•• INST. NO. D220280544 o b2�� N � D, h'. T. C. T. a� � Date Prepared: Revised 4/20/2021 Revised: � ��v �Fx� P g��G�s,� ER�o S .. .....�..... .. JOHN N. ROGERS �; � 6372 . P:: .. \ �q �'QESS��?o�� \ ��SURV� Date Signed: �/2z/2ozi � � 0 x � � � v 0 � w Q N f� N lf7 00 N l!7 f� Gfl �(O � U co co 0o cfl rn rn r� co c� o 0o co � O � � � N O � M N� O � I� f� !� f� f� I� f� I� I� f� N I� I� (� CO (O Cfl (O (O Cfl (O (fl Cfl (O I� CO (O O O O O O O O O O O O O O WO O N t0 Ln CO N�� a0 �� l!7 O!� V� M ��!� O N� QN � N N N� � N� M� � 00 �� .. .. .. �00� \,\ 1I � ��I ��' I I � I � 1 ( // I � 1 I �� I �`��I \� I � � �I — ,I/ � � i / � 0 � � ^^� � � � � M � � � � � � � � I� ��! � � � � � � � � � � � � � ( �� / l � �. 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