HomeMy WebLinkAboutContract 55728Date Received: 05/18/2021 City Secretary
Time Received: 11:11 am Number: 55728
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day 13th of May , 20 21 ,
by and between Bloomfield Homes, L.P., a Texas limited partnership, acting by and
through Timothy M. Stewart, Vice President of Bloomfield Properties, Inc., its
General Partner, hereinafter referred to as "Landowner", the Hulen Trails
Homeowners' Association, Inc., hereinafter referred to as "Association" 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 68 acre tract located in the Antonio Fernandes Survey, Abstract No. 506,
Tarrant County, Texas according to the deed recorded in D218204117, D218204118,
D218204119 and D218204120 of the 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 Hulen Trails Phase 2, hereinafter
called the "Plan", which is expressly made a part hereof, as approved or to be approved by
the City and the Landowner and Association provides for management of Stormwater
within the coniines of the Property; and
WHEREAS, the City and the Landowner and Association, 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. 11/19/2020 JLE
OFFICIAL RECdRD
CITY SECRETARY
FT. VIIORTH, TX
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, including Association, the location and dimensions
of which is shown and more particularly described by metes and bounds in the attached
Exhibit "A" ("Facility Property"); and
WHEREAS, Landowner agrees to convey the Facility Property to the Association
and the Association agrees to accept the Property where the Stormwater Facility is
located.
NOVV, 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 and Association, 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 and Association, 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev. 11/19/2020 JLE
inspection shall cover the entire Facilities, 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 and Association, 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 and the Association, its successors and assigns,
fails to maintain the Facility in good working condition as speciiied 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 and the Association, 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 or the Association. Such lien shall be perfected by
filing in the office of the County Clerk of Tarrant County, Texas an affidavit
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev. 11/19/2020 JLE
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 AND ASSOCIATION AGREES TO HOLD THE CITY
HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY
FAILS TO OPERATE PROPERLY. LANDOWNER AND
ASSOCIATION 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 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; OR FAILURE TO PERFORM ANY
OTHER DUTIES OR OBLIGATIONS HEREUNDER.
7. Landowner and Association 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 and
Association 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev. 11/19/2020 JLE
on the Landowner, its administrators, executors, assigns, heirs and any other
successors in interests, including any property owners association.
9. Notwithstanding anything to the contrary contained or implied elsewhere
herein, it is expressly agreed and understood that the liabilities, indemnities and
obligations of Bloomfield Homes, L.P., a Texas limited partnership as
Landowner hereunder shall expire and be of no further force or effect upon the
transfer ("Transfer") by Bloomfield Homes, L.P., a Texas limited
partnership to the Association of legal title to the Facility Property, save and
except for any liabilities, indemnities and obligations of Hulen Trails
Homeowners' Association, Inc. as Landowner hereunder which have accrued
and are due, payable and/or performable as of the date of the Transfer and
which shall expressly survive the Transfer.
[REMAINDER OF THIS PAGE TO REMAIN BLANK]
STORMWATER FACILITY MAINTENANCE AGREEMENT 5
Rev. 11/19/2020 JLE
Executed this 13th day of May 20 21
CITY:
�`!Gt �l�GIGIG�D�F
Dana Burghdoff ;N1C 13; 202�
Dana Burghdoff, Asst. City Manager
City of Fort Worth
Date: 5/13/21
Approved as to Form and Legality:
�'�z�:o�t � .L��� ���
Chrlsta R. Lopez-Reynolds (May 12," 211 : DT)
Christa Reynolds, Sr. As C ty Attorney
Ciry Attorney's Office
Date: May 17, 2021
LANDOWNER:
B1oomCeld Homes, L.P.
a Texas limited partnership
�� � f�,
Timothy M. Stewart, Vice President
Sloomfield Properties, Inc.,
a Texas corporation,
its General Partner
Date: � / � � �2 �
ASSOCIATION:
,�
Stephen J. orradi, Director,
Hulen Trails Homeowners'
Association, Inc.
Date: s���zi
Contract Compliance Manager:
By signing, I acknowledge that I am the
person responsible for the inonitoring
and administration of this contract,
including ensuring all performance and
reporting requirements.
TAnie Sc��le�ft Mo�qles
Janie Scarlett Morales (May 11, 202108:08 CDT1
Janie S. Morales, Planning Manager
Development Services
Date: 5/11/2021
�FFICIAL RECORD
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 1 111 9120 2 0 JLE
CITY SECRETARY
FT. VIIaRTH, TX
Mary Kayser, City Secretary
City Secretary's Office
STATE OF TEXAS
COUNTY OF TARRANT
§
§
Before me, the undersigned authority on this lo day of lY\ � , 2021,personally appeared Timothy M. Stewart, Vice President of Blo�eld Properties,
Inc., known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me thatthe same is the act of Bloomfield Homes, L.P., and the he executed the same as its General Partner and. as the act of such Limited Partnership and for the purposed and consideration expressed in the foregoing instrument.
el �
i ,{;-�;�r,:Jt,� VANESSA VALDES Notary Public, State of Texas
I ff :(,:A,.:·.:�� Notary Public, State of Texas
-cri• -1\-\_•t.1>- C E �;,';;-.. •··'..,":._§ o m m, xpires 01-06-2024_ ,,,,,�i,t,, Notary ID 132301944
STATE OF TEXAS
COUNTY OF TARRANT
§
§
This instrument was acknowledged before me on this jg_, day of VV\� , 2021,by Stephen J. Corra di, authorized representative, acting on behalf of the lli n Trails
Homeowners' Association, Inc.
,,11111,, �i"'�-�r,11i,� VANESSA VALDES f:{�":-C:-�Notary Public, State of Texas-�--� .. .,-;_.,.: •• ,,,:._,r_� Comm. Expires 01-06-2024-, ,� "�T,, ,,,,,Rf,,,,,, Notary ID 132301944
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/19/2020 JLE
Notary Public, State of Texas
7
STATE OF TEXAS
COUNTY OF TARRANT
§
§
This instrument was acknowledged before me on May 13, 2021 by Dana
Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort
Worth.
JENNIFER L. EZERNACK Notary Public
STATE OF TEXAS
Notary I.D. 130561630
My Comm. Exp. Mar. 1, 2024
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/19/2020 JLE
Jennifer L
Ezernack
Digitally signed by Jennifer L Ezernack
Date: 2021.05.13 15:24:20 -05'00'
Adobe Acrobat version:
2021.001.20155 -------------------Notary Public, State of Texas
8
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EXHIBIT "A"
LEGAL DESCRIPTION FOR
DRAINAGE EASEMENT
All that certain lot, tract, or parcel of land, situated in a portion of the Antonio
Fernandes Survey, Abstract No. 506, City of Fort Worth, Tarrant County, Texas,
being part of that certain called 280.597 acre tract described in a deed to
Bloomfield Homes, L.P. recorded in Instrument No. D21 82041 1 7, D21 82041 1 8,
D21 82041 1 9, and D218204120 of the Deed Records of Tarrant County, Texas
(DRTCT), and being more completely described as follows, to-wit:
COMMENCING at a P.K. nail found with washer stamped "GOODWIN &
MARSHALL" for the Northeast corner of said 280.597 acre tract and being in the
centerline of West Old Cleburne Crowley Junction (County Road No. 1079), from
which a 1/2" capped iron rod found for the Southeast corner of said 280.597
acre tract bears South 00 deg. 34 min. 39 sec. East - 2,837.06 feet;
THENCE South 00 deg. 19 min. O1 sec. West departing said lines, a distance of
2,561.96 feet to the TRUE POINT OF BEGINNING;
THENCE South 00 deg. 34 min. 39 sec. East, a distance of 125.10 feet;
THENCE South 44 deg. 38 min. 05 sec. West, a distance of 1 10.34 feet;
THENCE South 79 deg. 00 min. 32 sec. West, a distance of 127.86 feet;
THENCE South 89 deg. 39 min. 30 sec. West, a distance of 31.15 feet;
THENCE North 00 deg. 20 min. 30 sec. West, a distance of 141.53 feet;
THENCE North 89 deg. 39 min. 30 sec. East, a distance of 14.46 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 163 deg. 58 min. 32 sec., and being subtended by a
chord which bears North 44 deg. 32 min. 25 sec. East - 99.02 feet;
THENCE in a northeasterly direction along said curve to the left, a distance of
143.10 feet;
THENCE North 00 deg. 34 min. 39 sec. West non-tangent to said curve, a
distance of 14.47 feet;
E:\10793 - Hulen Trails\COGO\GM EASEMENTS\DRAINAGE\10793-DE2.dwg S�U'�j (�QQ � �f} �
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
������ � CIVIL ENGINEERS � PLANNERS � SURVEYORS
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THENCE North 89 deg. 25 min. 21 sec. East, a distance of 150.00 feet to the POINT
OF BEGINNING, containing 38,827 square feet or 0.891 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.
E:\10793 - Hulen Trails\COGO\GM EASEMENTS\DRAINAGE\10793-DE2.dwg ��j�(�Q �2 rJj} �
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
— — — � — ;�
- POINT OF
�S SLJRVL�' COMMENCING
N1�N� r�6 P.K. NAIL FOUND W/ WASHER
� �NIO I'�R C�, Np, J, I "GOODWIN & MARSHALL"
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--�--� �� OI' PIPELIII ETINHOT-0E- 6A4 4 SEMENT I I O i
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, D.R.T.C.T.
� CALLED 280.597ACRES I I 10' PERMANENT P~ IPELINE EASEMENT
I BLOOMFIELD HOMES, L.P. I I INST. NO. 207021699 �:
INST NO. D218204117 °.R.T.c.T. �
iNsr. nro. o2�s2o4>>s � POINT OF �I � I� I
— INST. NO. D218204119 -
INST NO. D218204120 � BEGINNING I � � I
D. R. T. C. r I _— I I �
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DRAINAGE EASEMENT
� 38,827SQ. FT. / 0.891 AC. � � ___,
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— — — — — — — — — — — — — — — � 1 /2" C.I.R.F. 1
"GOODWIN 8� MARSHALL" �
CLEBURNE CROWLEY ROAD
SEE SHEET 4 FOR LINE &
CURVE TABLE
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SCALEIN FEET
BEARINGS ARE REFERENCED TO
TEXAS STATE PLANE COORDINATE
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
ANTONIO FERNANDES SURVEY, ABSTRACT NO. 506 CITY OF
FORT WORTH, TARRANT COUNTY, TEXAS
������� Z Job No.: 10793 Scale: 1"=100' Sheet
��1���--���� Z Drafted: L.J.C. Checked: J.N.R. �
CIVIL ENGINEERS - PLANNERS -- SURVEYORS Surveyed on the Ground: 09/Ob/2018 Of
2405 Mustang Drive, Grapevine, Texas 76051
(817) 329 - 4373
TxEng Firm # F-2944 — TxSury Firm # 10021700
Date Prepared:
4/22/2021
Revised
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Date Signed: �l�12021
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CURVE TABLE
CURVE # RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH
C1 50.00' 143.10' 163°58'32" N44°32'25"E 99.02'
LINE TABLE
LINE # BEARING DISTANCE
L1 S00°34'39"E 125.10'
L2 S44°38'05"W 110.34'
L3 S79°00'32"W 127.86'
L4 S89°39'30"W 31.15'
L5 N00°20'30"W 141.53'
L6 N89°39'30"E 14.46'
U N00°34'39"W 14.47'
L8 N89°25'21 "E 150.00'
EXHIBIT "A" MAP SHOWING
DRAINAGE EASEMENT, SITUATED IN A PORTION OF THE
ANTONIO FERNANDES SURVEY, ABSTRACT NO. 506 CITY OF
FORT WORTH, TARRANT COUNTY, TEXAS
������� Z Job No.: 10793 Scale: N.T.S. Sheet
��1���--���� Z Drafted: L.J.C. Checked: J.N.R. a�
CIVIL ENGINEERS - PLANNERS -- SURVEYORS Surveyed on the Ground: 09/Ob/2018 Of
2405 Mustang Drive, Grapevine, Texas 76051
(817) 329 - 4373
TxEng Firm # F-2944 — TxSury Firm # 10021700
Date Prepared:
4/22/2021
Revised
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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 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT � O
Rev. 11/19/2020 JLE
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