HomeMy WebLinkAboutContract 55729Date Received: 05/18/2021 City Secretary
Time Received: 11:13 am Number: 55729
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day 13th of May 2021
�
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 W.H. Colthrap Survey, Abstract No. 286, the
International and Great Northern Railroad Co. Survey, Abstract No. 826 and 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 confines 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,
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/19/2020 JLE
�FFICIAL RECORD
CITY SECRETARY
FT. VII�RTH, TX
Texas require that on-site Stormwater Management Facilities be constructed and
maintained on a portion of the Property; and
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.
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 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev. 11/19/2020 JLE
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
inspection sha11 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 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 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, perfortns 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev. 11/19/2020 JLE
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
identifying the property to be charged with such 1ien, 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev. 11/19/2020 JLE
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, sha11 constitute a covenant running with the 1and, and sha11 be binding
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 Properry, 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 2p 21
CITY:
Ddn� Bu��il�dof�
Dana Burghdoff � ay 13, 202112:17 CDT)
Dana Burghdoff, Asst. City Manager
City of Fort Worth
Date: 5/13/21
Approved as to Form and Legality:
clu�i�tci K, c.�mez-Reu`c�tCr7�
ChristaR.Lopez-Reynol s(May12,202 14:44CDT)
Christa Reynolds, Sr. Asst. City Attorney
Ciry Attorney's Office
Date:
ATTEST:
{� ���� (J �e��z�
Mary Kayser, City Secretary
City Secretary's Office
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Date: May 17, 2021
LANDOWNER:
B1oomCeld Homes, L.P.
a Texas limited partnership
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Timothy M. Stewart, Vice President
Sloomfield Properties, Inc.,
a Texas corporation,
its General Partner
Date: � / � � �2 �
ASSOCIATION:
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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.
, 7a��e ����e�t�Io�aGes
Janie Scarlett Morales (May 11, 2021 08:05 CDT)
Janie S. Morales, Planning Manager
Development Services
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 1 111 9120 2 0 JLE
Date: 5/11/2021
OFFICIAL RECORD
CITY SECRETARY
FT. VIIQRTH, TX
STATE OF TEXAS
COUNTY OF TARRANT
Before me, the undersigned authoriry on this � day of �°� �. �'�,�, � , 2021,
personally appeared Timothv M. Stewart, Vice President of Bloom ield Properties,
Inc•, 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 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.
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STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on this �, day of � , 2021,
by Stephen J. Corradi, authorized representative, acting on behalf of the Hu n Trails
Homeo�vners' Associadon, Inc.
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OFFIGIAL RECORD
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FT. VIIQRTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11/1912020 JLE
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.
o,�p,RY/'ve, JENNIFER L. EZERNACK
_ � Notary Public
+ � * STATE OF TEXAS
Ny G� +Q Notary I.D. 130561630
'FoF� My Comm. Exp. Mar. 1, 2024
Jennifer L DigitallysignedbyJenniferLEzernack
Date: 2021.05.13 1522:09 -OS'00'
Eze rn a c k Adobe Acrobat version:
2021.00120155
Notary Public, State of Texas
OFFIGIAL RECORD
CITY SECRETARY
FT. VIIQRTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev. 11/19/2020 JLE
������ � CIVIL ENGINEERS � PLANNERS � SURVEYORS
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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 W. H.
Colthrap Survey, Abstract No. 286, the International & Great Northern Railroad
Co. Survey, Abstract No. 826, and 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 55 deg. 15 min. 59 sec. West departing said lines, a distance of
1,945.04 feet to the TRUE POINT OF BEGINNING;
THENCE South 49 deg. 48 min. 59 sec. East, a distance of 203.34 feet;
THENCE South 40 deg. 03 min. 56 sec. East, a distance of 73.14 feet;
THENCE South 00 deg. 20 min. 30 sec. East, a distance of 315.00 feet;
THENCE South 76 deg. 24 min. 25 sec. West, a distance of 21.81 feet;
THENCE North 89 deg. 51 min. 32 sec. West, a distance of 64.96 feet;
THENCE South 85 deg. 57 min. 44 sec. West, a distance of 65.34 feet;
THENCE South 56 deg. 47 min. 34 sec. West, a distance of 62.42 feet;
THENCE South 40 deg. 04 min. 46 sec. West, a distance of 65.00 feet;
THENCE South 13 deg. 44 min. 06 sec. West, a distance of 80.39 feet;
THENCE South 00 deg. 56 min. 58 sec. West, a distance of 65.02 feet;
THENCE South 04 deg. 21 min. 34 sec. East, a distance of 60.15 feet;
E:\10793 - Hulen Trails\COGO\GM EASEMENTS\DRAINAGE\10793-DE3.dwg ��j�(�Q � 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
������ � CIVIL ENGINEERS � PLANNERS � SURVEYORS
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THENCE South 89 deg. 17 min. 17 sec. West, a distance of 350.77 feet;
THENCE North 54 deg. 49 min. 16 sec. West, a distance of 1 1 1.04 feet;
THENCE North 00 deg. 00 min. 00 sec. East, a distance of 415.09 feet;
THENCE North 69 deg. 12 min. 07 sec. East, a distance of 23.50 feet;
THENCE North 77 deg. 17 min. 50 sec. East, a distance of 65.74 feet;
THENCE North 70 deg. 56 min. 57 sec. East, a distance of 78.22 feet;
THENCE North 64 deg. 52 min. 08 sec. East, a distance of 59.67 feet;
THENCE North 59 deg. 02 min. 26 sec. East, a distance of 72.52 feet;
THENCE North 52 deg. 56 min. 40 sec. East, a distance of 65.74 feet;
THENCE North 46 deg. 38 min. 41 sec. East, a distance of 77.33 feet;
THENCE North 43 deg. 15 min. 57 sec. East, a distance of 165.29 feet to the POINT
OF BEGINNING, containing 368,321 square feet or 8.455 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-DE3.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
��� � � � / �;y % � POINT OF � �,
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g�� � 6 COMMENCING _
� ,�1QLT� � NO• �� L� /\ P.K. NAIL FOUND W/ WASHER '��
`U•ll' $5���1C � °GOODWIN & MARSHALL" I
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DRAINAGE EASEMENT �
368,321,5(�. 1�1: /S.�I�5�1C:
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SCALE IN FEET ES SL- --"GOODWIN & MARSHALL"�'
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EXHIBIT "A" MAP SHOWING
DRAINAGE EASEMENT, SITUATED IN A PORTION OF THE
ANTONIO FERNANDES SURVEY, ABSTRACT NO. 506
W. H. COLTHRAP SURVEY, ABSTRACT No. 286 AND I. & G. N. RR. CO.
SURVEY, ABSTRACT No. 826, CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
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CIVIL ENGINEERS - PLANNERS -- SURVEYORS
2405 Mustang Drive, Grapevine, Texas 76051
(817) 329 - 4373
TxEng Firm # F-2944 — TxSury Firm # 10021700
Job No.: 10793 Scale: 1"=200' Sheet
Drafted: L.J.C. Checked: J.N.R. �
Surveyed on the Ground: 09/Ob/2018 of
CALLED 280.597ACRES
BLOOMFIELD HOMES L.P
INSr NO. D218204117
INST. NO. D218204118
INST. NO. D2 1 8204 1 1 9
INST. NO. D218204120
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SEE SHEET 4 FOR LINE
350.77� � TABLE
Date Prepared:
Revised
BEGINNING
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O II ATE L CATION
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Date Signed: �l�12021
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LINE TABLE
LINE # BEARING DISTANCE
Ll S49°48'59"E 203.34'
L2 S40°03'56"E 73.14'
L3 S00°20'30"E 315.00'
L4 S76°24'25"W 21.81'
L5 N89°51'32"W 64.96'
L6 S85°57'44"W 65.34'
L7 S56°47'34"W 62.42'
L8 S40°04'46"W 65.00'
L9 S 13°44'O6"W 80.39'
L10 S00°56'58"W 65.02'
L11 SO4°21'34"E 60.15'
L12 N54°49' 16"W 1 1 1.04'
L13 N69°12'07"E 23.50'
L14 N77°17'50"E 65.74'
L15 N70°56'S7"E 78.22'
L16 N64°52'08"E 59.67'
L17 N59°02'26"E 72.52'
L18 N52°56'40"E 65.74'
L19 N46°38'41 "E 77.33'
L20 N43°15'S7"E 165.29'
EXHIBIT "A" MAP SHOWING
DRAINAGE EASEMENT, SITUATED IN A PORTION OF THE
ANTONIO FERNANDES SURVEY, ABSTRACT NO. 506
W. H. COLTHRAP SURVEY, ABSTRACT No. 286 AND I. & G. N. RR. CO.
SURVEY, ABSTRACT No. 826, CITY OF FORT WORTH,
TARRANT COUNTY, TEXAS
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CIVIL ENGINEERS - PLANNERS -- SURVEYORS
Job No.: 10793 Scale: N.T.S. Sheet
Drafted: L.J.C. Checked: J.N.R. a�
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:
Revised
4/22/2021
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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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