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HomeMy WebLinkAboutContract 56117 Date Received: Aug 5,2021 City Secretary Time Received: 8:16 am Contract Number: 56117 RETAINING WALL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 3rd day of August 2021 by and between Hines Waterside LLC, acting by and through Robert W. Witte, 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 628,135.2 square foot (14.42 acre) tract located in Fort Worth, Tarrant County, Texas according to the Special Warranty Deed D214224895 recorded in October 2014, Official Public 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 Waterside Townhomes, 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 Rev.11/19/2020 J LE FT. WORTH, TX 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. I 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 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. Notwithstanding the foregoing, Landlord shall be released from all obligations under this Agreement upon assignment of the Property to any property owners association provided such assignment references this Agreement and obligations and the assignee agrees to abide by them. [REMAINDER OF THIS PAGE TO REMAIN BLANK] RETAINING WALL MAINTENANCE AGREEMENT 4 Rev.11/19/2020 JLE Executed this 3rd day of August 2021 CITY: LANDOWNER: nwt4,Lwh"&4 HINES WATERSIDE LLC, Dana Burghd off( g3,202 5:35 CDT) a Delaware limited liability company Dana Burghdoff, Asst. City Manager City of Fort Worth By: Hines Waterside Associates LP, a Texas limited partnership, its sole member Date: Aug 3,2021 By: Hines Interes154timited Partnership, a Delawpe§Kited partnership, its erg part By:� Narhe: Robert W.Witte Title: Senior Managing Director Date: 57/ � I Z Approved as to Form and Legality: Christa R.Lopez-Reynolds(Jul 30,24,11 12 T e Christa Reynolds, Sr. Asst. City Attomey City Attorney's Office Date: Jul 30,2021 p�1°FOR 00 E.o ° d ATTEST: �v° 0 t3 0 0° d ° ° °°OO°°°°°°° ICY d� G ��AEXASoAp Contract Compliance Manager: Ronald P.Gonzales(Aug 4,2o 15:24 2V By signing I acknowledge that I am the Ronald P. Gonzales, Xcting City Secretary person responsible City Secretary's Office for the monitoring and administration of Aug4,2021 this contract, including Date: ensuring all performance and reporting requirements. I ILI J49L Cl2mallk OV belLa-1 1W Jennifer Ez�rnack on behalf of(Jul 30,202113:02 CDT) Janie S. Morales, Planning Manager Development Services Date: Jul 30,2021 OFFICIAL RECORD RETAINING WALL MAINTENANCE AGREEMENT CITY SECRETARY Rev 11/19/2020JLE FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on August 3, 2021 2021, by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. Digitally signed by Jennifer L. O�PRY PUe' JENNIFER L. EZERNACK Jennifer L. Ezernack Ezernack 2 Notary Public Date:2021.08.0315:57:58-05'00' + * STATE OF TEXAS GV �y Notary I.D. 130561630 Notary Public, State of Texas 9�OF My Comm.Exp.Mar. 1,2024 STATE OF TEXAS § COUNTY OF DALLAS § This instrument was acknowledged before me on May 19, 2021, by Robert W. Witte, Senior Managing Director, of Hines Interests Limited Partnership, a Delaware limited partnership, general partner of Hines Waterside Associates LP, a Texas limited partnership, sole member of Hines Waterside LLC, a Delaware limited liability company, on behalf of said entities. Notary Public, State of Texas itY4P yap LORRIE KURRUS MY COMMISSION EXPIRES 07/03/21 � �'--{NOTARY ID: 12694975-7 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX RETAINING WALL MAINTENANCE AGREEMENT 6 Rev.11/19/2020 JLE EXHIBIT "A" INSERT LEGAL DESCRIPTION RETAINING WALL MAINTENANCE AGREEMENT 7 Rev.11/19/2020 JLE LEGAL DESCRIPTION RETAINING WALL MAINTENANCE AGREEMENTS BEING a 2,445 square foot (0.0561 acre) tract (TRACT 1), a 200 square foot (0.0046 acre) tract (TRACT 2), a 310 square foot (0.0071 acre) tract (TRACT 3), a 767 square foot (0.0176 acre) tract (TRACT 4) situated in the Evan H Burke Survey, Abstract No. 160, City of Fort Worth, Tarrant County, Texas; said tract being part of that tract of land described in Special Warranty Deed to Hines Waterside LLC recorded in Instrument No. D220053668 of the Official Public Records of Tarrant County, Texas; said tracts being more particularly described as follows: TRACT COMMENCING at a 5/8-inch iron rod with "KHA" cap found for the most southerly southeast corner of Lot 1, Block F, Waterside Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D214269853 of said Official Public Records; from said point a 5/8-inch iron rod with "KHA" cap found in the east line of said Lot 1 bears North 44°30'12" West, a distance of 41.09 feet; THENCE South 46°40'24"West, along the south line of said Lot 1, a distance of 104.94 feet to a point; THENCE South 49°08'42" East, departing the said south line of Lot 1, a distance of 101.89 feet to the POINT OF BEGINNING; THENCE South 76'15'08" East, a distance of 35.22 feet to a point for corner; THENCE South 41°59'22" East, a distance of 33.91 feet to a point for corner; THENCE South 76'11'59" East, a distance of 27.89 feet to a point for corner; THENCE South 45°30'36" East, a distance of 139.51 feet to a point for corner; THENCE South 19°58'49" East, a distance of 13.01 feet to a point for corner; THENCE South 70'01'11"West, a distance of 10.00 feet to a point for corner; THENCE North 19°58'49"West, a distance of 10.74 feet to a point for corner; THENCE North 45°30'36"West, a distance of 134.50 feet to a point for corner; THENCE North 76011'59"West, a distance of 28.22 feet to a point for corner; THENCE North 41°59'22"West, a distance of 33.90 feet to a point for corner; THENCE North 76°15'08"West, a distance of 32.13 feet to a point for corner; THENCE North 13044'52" East, a distance of 10.00 feet to the POINT OF BEGINNING and containing 2,445 square feet or 0.0561 acres of land, more or less. EXHIBIT "A" RETAINING WALL MAINTENANCE AGREEMENT EVAN H BURKE SURVEY, ABSTRACT NO. 160 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev* Horn 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511 Fort Worth,Texas 76102 FIRM#10194040 wwwAimley-horn.com Scale Drawn by I Checked by Date Proiect No. I Sheet No. N/A CDP MCB 6/24/2021 061302101 1 OF 7 PADILLA,CAELAN 6/24/2021 8:48 AM K:1FTW_SURVEYX061302101-HINES WATERSIDE TOWN HOMES\DWG\0613021 01-HINES WATERSIDE TOWNHOMES_EX_RETAINING WALL MAINTENANCE AGREEMENT.DWG TRACT 2 COMMENCING at the southwest corner of the above described TRACT 1; THENCE South 06°40'58" West, a distance of 93.69 feet to the POINT OF BEGINNING; THENCE South 76°00'07" East, a distance of 10.00 feet to a point for corner; THENCE South 13059'53"West, a distance of 19.15 feet to a point for corner; THENCE South 44'17'58"West, a distance of 3.60 feet to a point for corner; THENCE North 45°42'02"West, a distance of 10.00 feet to a point for corner; THENCE North 44°1 T58" East, a distance of 0.89 feet to a point for corner; THENCE North 13°59'53" East, a distance of 16.45 feet to the POINT OF BEGINNING and containing 200 square feet or 0.0046 acres of land, more or less. TRACT 3 COMMENCING at the southwest corner of the above described TRACT 2; THENCE South 28°47'48" West, a distance of 64.02 feet to the POINT OF BEGINNING; THENCE South 76'11'59" East, a distance of 10.00 feet to a point for corner; THENCE South 13°48'01"West, a distance of 19.07 feet to a point for corner; THENCE North 76'11'59"West, a distance of 21.93 feet to a point for corner; THENCE North 13°48'01" East, a distance of 10.00 feet to a point for corner; THENCE South 76'11'59" East, a distance of 11.93 feet to a point for corner; THENCE North 13048'01" East, a distance of 9.07 feet to the POINT OF BEGINNING and containing 310 square feet or 0.0071 acres of land, more or less. EXHIBIT "A" RETAINING WALL MAINTENANCE AGREEMENT EVAN H BURKE SURVEY, ABSTRACT NO. 160 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev))) Horn 801 Cherry Street,Unit 11.#1300 Tel.No.(817)335-6511 Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com Scale Drawn by I Checked by Date Project No. I Sheet No. N/A I CDP MCB 6/24/2021 061302101 2 OF 7 PADILIA,CAELAN 6/24/2021 8:48 AM K:\FTW SURVEY\061302101-HINES WATERSIDE TOWN HOMES\DWG\061302101-HINES WATERSIDE TOWN HOMES_EX_RETAINING WALL MAINTENANCE AGREEMENT.DWG TRACT 4 COMMENCING at a 5/8-inch iron rod with "KHA" cap found for the most southerly southeast corner of Lot 1, Block F, Waterside Addition, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D214269853 of said Official Public Records; from said point a 5/8-inch iron rod with "KHA" cap found in the east line of said Lot 1 bears North 44030'12" West, a distance of 41.09 feet; THENCE South 46°40'24" West, along the south line of said Lot 1, a distance of 104.94 feet to a point; THENCE North 66°53'53" West, continuing along the said south line of Lot 1, a distance of 296.48 feet to a point; THENCE South 63°25'25" West, departing the said south line of Lot 1, a distance of 189.81 feet to the POINT OF BEGINNING; THENCE South 2°02'27" East, a distance of 10.00 feet to a point for corner; THENCE South 87057'33"West, a distance of 45.98 feet to a point for corner; THENCE South 67054'10"West, a distance of 19.86 feet to a point for corner; THENCE South 18°47'29"West, a distance of 4.55 feet to a point for corner; THENCE North 71°12'31"West, a distance of 10.00 feet to a point for corner; THENCE North 18°47'29" East, a distance of 9.12 feet to a point for corner; THENCE North 67054"0" East, a distance of 26.20 feet to a point for corner; THENCE North 87°57'33" East, a distance of 47.75 feet to the POINT OF BEGINNING and containing 767 square feet or 0.0176 acres of land, more or less. NOTES: Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A survey plat of even survey date herewith accompanies this metes and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets out the metes and bounds of the EXHIBIT "A" easement tract. RETAINING WALL i�� ^• MAINTENANCE AGREEMENT // EVAN H BURKE SURVEY, T ABSTRACT NO. 160 O F MICHAEL C. BILLINGSLEY ��P:• GisTEOgcS� CITY OF FORT WORTH REGISTERED PROFESSIONAL ; •, LAND SURVEYOR NO. 6558 •••'••••••••••••••••••••••• ... TARRANT COUNTY, TEXAS MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, ■ Kimle >>> Horn UNIT 11 SUITE 1300 g55g v;c FORT WORTH, TEXAS 76102 �9,;Po �Q:'� A' F E S 5\I) 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511 PH. 817-335-6511 4,0••••.... c ` Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com michael.billingsley@kimley-horn.com S U 0 C srala Drawn by I Checked by Date Project No. I Sheet No. NIA CDP MCB 6/24/2021 061302101 1 3 OF 7 PADILLA,CAELAN 6/24/2021 8:48 AM K:\FTW SURVEY\061302101-HINES WATERSIDE TOWNHOMES\DWG\061302101-HINES WATERSIDE TOWNHOMES_EX_RETAINING WALL MAINTENANCE AGREEMENT.DWG MATCH LINE (SEE SHEET 6) I � I LEGEND y A=CENTRAL ANGLE P.O.B. O B COMMENCING E 0 20 40 P.O.B.=POINT OF BEGINNING ' v IRFC=IRON ROD W/"KHA"CAP FOUND L12 GRAPHIC SCALE IN FEET N io \ M J J \ u7 I S49\ Z I— 0842 LOT 1, BLOCK F W �o 7 a\ WATERSIDE ADDITION r Ivv� s' \\ (INST. NO. D214269853) w ' TRACT 1 0) RETAINING WALL \S\ z co J MAINTENANCE 4s4o2\ _ / AGREEMENT w ,0494 \ IRFCry U 0.0561 ACRES \ Q ' 2,445 SQ. FT. P.O.C. Cb v HINES WATERSIDE LLC ' (INST.NO. D220053668) / p PART OF v GENERAL DYNAMICS RECREATION ASSOCIATION (VOL.8857, PG. 1329) NOTES Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone (4202). A metes & bounds description of even survey date herewith accompanies this survey plat. The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the easement tracts. EXHIBIT "B" RETAINING WALL MAINTENANCE AGREEMENT EVAN H BURKE SURVEY, �/z ��zi �P� � Eos ABSTRACT NO. 160 MICHAEL C. BILLINGSLEY CITY OF FORT WORTH REGISTERED PROFESSIONAL �� ' TARRANT COUNTY, TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, "'l"••'••"•"•••'�"•�" UNIT 11 SUITE 1300 •• 0 6558 Kimlev* Horn P�4. FORT WORTH, TEXAS 76102 9 �F E S S��••'�0 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511 N ' •.......• •' y PH. 817-335-6511 S U R Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com michael.billingsley@kimley-horn.com Scale I Drawn by Checked by Date Proiect No. Sheet No. 1"=40' CDP MCB 1 6/24/2021 061302101 1 4 OF 7 PADILLA,CAELAN 6/24/2021 8:48 AM K:\FTW SURVEY\061 3021 01-HINES WATERSIDE TOWNHOMES\DWG\061302101-HINES WATERSIDE TOWN HOMES_EX_RETAINING WALL MAINTENANCE AGREEMENT.DWG 2 O -S- o 20 40 GRAPHIC SCALE IN FEET I LEGEND A=CENTRAL ANGLE ' P.O.C.=POINT OF COMMENCING P.O.B.=POINT OF BEGINNING IRFC=IRON ROD W/"KHA"CAP FOUND L23 L24 P.O.B. w CN L22 P.O.B. L18 " Ij L17 I W P.O.C. P.O.C. �'� v U) _ W L19 40'56"W 93.69, �is �GJ W L20 — S6° I(n L16 o J w TRACT 3 S28'47'48"w <�s L14 Z 64.02' J RETAINING WALL TRACT 2 = MAINTENANCE RETAINING WALL U AGREEMENT MAINTENANCE HINES WATERSIDE LLC Q 0.0071 ACRES AGREEMENT (INST.NO.D220053668) ' 310 SQ. FT. 0.0046 ACRES 200 SQ. FT. EXHIBIT "B" RETAINING WALL MAINTENANCE AGREEMENT EVAN H BURKE SURVEY, ABSTRACT NO. 160 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev))) Horn 801 Cherry Street,Unit 11.#1300 Tel.No.(817)335-6511 Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com Scale Drawn by Checked by Date Protect No. Sheet No. v=40' CDP MCB 1 6/24/2021 061302101 5 OF 7 PADILLA,CAELAN 6/24/2021 8:48 AM K:\FTW_SURVEY\061302101-HINES WATERSIDE TOWN HOMES\DWG\061302101-HINES WATERSIDE TOWN HOMES_EX_RETAINING WALL MAINTENANCE AGREEMENT.DWG TEXAS ELECTRIC SERVICE COMPANY — (VOL.2587,PG.72) L30 L29 L28 <<'� I LOT 1, BLOCK F NINES WATERSIDE 68) WATERSIDE ADDITION / (INST.NO.D220053668) I (INST. NO. D214269853) w N N 6> / P.O.B. TRACT 4 L26 \\ I RETAINING WALL \ I MAINTENANCE \\ AGREEMENT \ 0.0176 ACRES \ 767 SQ. FT. \ \ \ I sss S�\ I s�\ s\\ \\ I N66°53'53"W 296.48' MATCH LINE (SEE SHEET 4) EXHIBIT "B" RETAINING WALL 0 MAINTENANCE AGREEMENT y EVAN H BURKE SURVEY, ABSTRACT NO. 160 o zo 40 CITY OF FORT WORTH GRAPHIC SCALE IN FEET TARRANT COUNTY, TEXAS LEGEND Kimlev))) Horn 0=CENTRAL ANGLE P.O.C.=POINT OF COMMENCING 801 Cherry Street,Unit 11.#13011 Tel.No.(817)335-6511 Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com P.O.B.=POINT OF BEGINNING Scale Dr awn bv Checked by Date ProieclNo. Sheet No. IRFC=IRON ROD W/"KHA"CAP FOUND 1"=40' CDP MCB 1 6/242021 1 061302101 601`7 PADILLA,CAELAN 6/24/2021 8A8 AM K:\FTW SURVEY\061302101-HINES WATERSIDE TOWNHOMES\DWG\0613021 01-HINES WATERSIDE TOWNHOMES_EX_RETAINING WALL MAINTENANCE AGREEMENT.DWG LINE TABLE LINE TABLE NO. BEARING LENGTH NO. BEARING LENGTH L1 S76°15'08"E 35.22' L17 N44°17'58"E 0.89, L2 S41°59'22"E 33.91' L18 N13°59'53"E 16.45' L3 S76°11'59"E 27,89' L19 S76°11'59"E 10.00, L4 S45°30'36"E 139.51' L20 S13°48'01"W 19.07' L5 S19'58'49"E 13.01' L21 N76°11'59"W 21.93' L6 S70°01'11"W 10.00, L22 N13°48'01"E 10.00, L7 N19°58'49"W 10.74' L23 S76°11'59"E 11.93' L8 N45°30'36"W 134.50' L24 N13°48'01"E 9.07' L9 N76°11'59"W 28.22' L25 S02°02'27"E 10.00, L10 N41°59'22"W 33.90' L26 S87°57'33"W 45.98' L11 N76°15'08"W 32.13' L27 S67°54'10"W 19.86' L12 N13°44'52"E 10.00, L28 S18°47'29"W 4.55' L13 S76°00'07"E 10.00, L29 N71°12'31"W 10.00' L14 S13°59'53"W 19.15, L30 N18°47'29"E 9.12' L15 S44°17'58"W 3.60' L31 N67°54'1WE 26.20' L16 N45°42'02"W 10.00' L32 N87°57'33"E 47.75' EXHIBIT "B" RETAINING WALL MAINTENANCE AGREEMENT EVAN H BURKE SURVEY, ABSTRACT NO. 160 CITY OF FORT WORTH TARRANT COUNTY, TEXAS Kimlev))) Horn 801 Cherry Street,Unit 11,#1300 Tel.No.(817)335-6511 Fort Worth,Texas 76102 FIRM#10194040 www.kimley-hom.com Scale I Drawn by I Checked by Date Project No. I Sheet No. N/A CDP MCB 6/24/2021 061302101 7 OF 7 PADILLA,CAELAN 6/24/2021 8:48 AM K.\FTW_SURVEY\061302101-HINES WATERSIDE TOWNHOMES\DWG\061302101-HINES WATERSIDE TOWN HOMES_EX_RETAINING WALL MAINTENANCE AGREEMENT.DWG EXHIBIT "B" RETAINING WALL MAINTENANCE AGREEMENT 8 Rev.11/19/2020 JLE C L nZ N ~m ■� U�7i w m N LL N p V71s3M NJ�EN N CN W Se EiPOJ�p�p ���Q��p O b817 a U W W J � Z Q �p oLLI W W u) CANO IEL Owe ypJ 0_ N' Y - LL �J SEW N01,NV0 )JI U W Lu < r` W die RpN O ld�bNOubNbNl ¢ , ~ � OUj w U) Eg �<- O HOW Z o J Z O O 0 O = o O O j W U 2 E z U l ybJ I..L a M a NMal1NVl.aB Ca *k G oo U 9'0 00 as d W z O dObH1N> rN Q rn 3 Nn0 (n z M y O O U J ti4s 1N0W a o ���� a lssoao z o a Q z rn p WW Z )/yt, °db o �j'14 1`�Ib 1S O O 3yv do �Y cy S o�I GO Z 3 W ocr P O� IVll38 31V03N 1S oa <O RO �W/� P(� w GO v J �p 37 Q U N O i m o v w Qb0 37 LL 0 � o c> d� O PAN 0 ) cxi �P� o g6 20ON2 a b�OJ � Q d, ui No 3 m FAO oGQ 0�p ul a o a °id GP FtP 019NIH10 3 NOW031d L) >p Y y S o AVM 9NIONIM s ti as do N '� 3oaoe '�� `� z !V N CD O (i w m W � C) Z Q X Cn ULU W= w O~N o: WON Q c) UL<� Rd 4Z-'4 IZOZ/£Z/£ 03AVS 1SV1 0M0'dVN MINION\SIIBIHX3\SN008 lOVHIN00-SVJO\V9 3SVHd\Z-9M0\Z-301SN31VM-6 9OLLI l90\11AIo-ML!\:N 37N 9M0 Rd I£-1 IZOZ/£Z/£M3HLLVN'SN3A3LS AB 03llO1d l pg � 3 ,rr 1 a f i 1 f , --------- --- I 1 • I I I I 1 - I 1 I 1 I fr' I _ i 1 I 1 frr � i 1 A + r ] I 1 r � r + + f 7 I I 1 fl 1 I 1 1 I I I 1 + I�� i r llr 1 r I 1 1 i I , 7 1 I 1 r I I I I i i 1 I i I Y r I I 11 I I I I I I I � I I � � I } I 1 � I --- i I i + ' V - I{I 1 _ 5 I ' l 111 4 ! r 1 i _ � f I W I I i I 5 f 1 I I U) UJ Stl l NnOn INb Wl 3IIJO2Jd(INV S3AOHNAA01 NVId x ONINIViD�J Lu UJOH4<Aa1wD1 4 p 133HS 1X3N 3N11 HOiVh x x IM; All 'A r ---------- Jill Fr� -IST I I I 4-J I �®r-, ]iill 011 77, I --------------- I As A w n I'A 0 < ill H 11111 li . .......... 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