HomeMy WebLinkAboutContract 42675CITY SECRETARY
CONTRACT NQ._
STORM WATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of 1)eL, b ,
I , by and between Barnett Gathering, LP, 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 29.74 acre tract located in the Shelby County Land Survey, Abstract 1375,
Tarrant County, Texas according to the deed recorded in County Clerk file No.
D207458308, 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 Night Train Compressor Site
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 storm water 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 an on -site Storm Water Management Facilities be constructed and maintained on a
portion of the Property; and
WHEREAS, the City requires that on -site Storm Water 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 in the attached Exhibit "A" (consisting of three (3) pages
labeled "Exhibit `A -1' Legal Description of 1.631 Acres of Land "; "Exhibit `A -2' Sketch
of 1.631 Acres of Land "; and "Exhibit `A -3' a Final Plat of Lots 1 & 2, Block 1 Night
Train Compressor Site ") (the "Facility Property").
OFFICIAL RECORD'
CITY SECRETARY
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev 01/09/2007 FT. WORTH, TX j
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 Storm Water 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" (Consisting of three (3) pages labled
"Detention Pond "Exhibit `B -1" Night Train Compressor Site ", "Drainage
Area Map Exhibit `B -2" Night Train Compressor Site" and " Detention Pond
Calculations Exhibit `B -3" Night Train Compressor Site "), 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 ".
Adequate maintenance is herein defined as good working condition so that
these facilities are performing their design functions. The Storm Water
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 Facility and all of its components, such as berms, outlet structure,
pond areas and access roads. 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, 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, with no less
than 24 hours prior notice to Landowner. 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.
STORM WATER FACILITY MAINTENANCE AGREEMENT 2
Rev 01/09/2007
4. In the event the Landowner, its successors and assigns, fails to maintain the
Facility functioning as designed (and as per Exhibits C and D), and Landowner
fails to remedy same within thirty (30) days following written notice from the
City, 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 obligation is Landowner's.
5. The Landowner, its successors and assigns, will perform the work necessary to
keep the Facility functioning as designed. 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 Block 1, Lot 1 of the Night Train
Compressor Site. 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.
LANDOWNER AND ITS SUCCESSORS AND ASSIGNS AGREE TO
HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE
EVENT THE FACILITY FAILS TO OPERATE PROPERLY.
LANDOWNER AND ITS SUCCESSORS AND ASSIGNS 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
STORM WATER FACILITY MAINTENANCE AGREEMENT 3
Rev 01/09/2007
WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE
FAILURE TO MAINTAIN THE BED AND BANKS OF THE
DETENTION POND IN ACCORDANCE HEREWITH, OR AS A
RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPERTY
DUE TO (1) FLOODING OF THE POND AND ITS BANKS, (2) SLOPE
FAILURE OF THE BANK OF THE POND, AND (3) AND FAILURE OF
THE POND AND ITS BANK TO OPERATE IN A MANNER
CONSISTENT WITH CITY OF FORT WORTH CRITERIA IN
EFFECT AT THE TIME OF THIS AGREEMENT AND CONSISTENT
WITH THE DESIGN SET FORTH ON EXHIBIT B OF THIS
AGREEMENT, OR TO PERFORM ANY OF ITS DUTIES OR
OBLIGATIONS HEREUNDER.
7. Landowner covenants and agrees that no habitable building shall be erected
within the area outlined on Exhibit "A" but this paragraph shall not preclude
construction of other improvements within the area, which do not impede
drainage. Landowner covenants and agrees that no habitable building shall be
erected on the Night Train Compressor Site abutting the area 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, 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.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
STORM WATER FACILITY MAINTENANCE AGREEMENT 4
Rev. 01/09/2007
Executed this 11 day of 2011.
Landowner
City
Barnett Gathering, L
City of Fort Worth
By: XTO esources
GP, LLC,
Its Gen al P er
Nam : Nick
Fernando Costa
J
Assistant City Manager
Title :President
w ,'��
\
Ap rov to Form and Legality
1���
1�1
Douglas W. Black
Assistant City Attorney
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Date: -, - � - Z0 i f
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STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev 01/09/2007
I I
OFFICIAL RECORD'
CITY SECRETARY
FT. WORTH, TX
STATE OF TEXAS
COUNTY OF TARRANT §
This instrument was acknowledged before me on n oe e,?� // by
Fernando Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
4otgarygPublic- State"-of Texas
EVOIAL)AMEts
`c 11Y COMMi331ON EXPIRES
July 10, 2013
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev 01/09/2007
OFFICIAL RECORD
I CITY SECRETARY
FT WORN, TX
STATE OF TEXAS §
COUNTY OF TARR.ANT §
rq� 13efloye me, the undersigned authority on this day of
V G�1 2011, personally appeared
N t r �. I i, nn C14-&q �fl(1-�—
U known
to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged ``,, �to m , that the same is the act of
N�i'�" P 0 ry n L , and that he executed the same as its
and as the act o such L,, W for the purposes and
consideration expressed in the foregoing instrument.
TIFF W PETERS
Notery Pubs -
+ STATE OF TEXAS
My Cw n. W- 0612212013
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev. 01/09/2007
�-�l I nt-")n ft, P& > o
Notary 'c, State f exas
OFFICIAL FLCDKZD'
CITY SECRETARY I
FT. Y%`C3x "M. TX
EXHIBIT "A -1"
LEGAL DESCRIPTION OF
1.631 ACRES OF LAND
Being a tract of land situated in the Shelby County School Land Survey, Abstract Number 1375,
City of Fort Worth, Tarrant County, Texas, and being a portion of that tract of land described by
deed to Barnett Gathering, L.P. as recorded in Instrument Number D207458308, County
Records, Tarrant County, Texas and being described as follows;
COMMENCING at a 3/4 inch iron rod found at the southeast corner of said Barnett Gathering,
L.P. tract, same being the northeast corner of that tract of land described by deed to James L.
West Presbyterian Special Care Center Foundation as recorded in Instrument Number
D203382981, said County Records, and being on the west line of that tract of land described by
deed to TXU Electric Delivery Company as recorded in Volume 1651, Page 251, and Volume
1485, Page 347, said County Records;
THENCE North 12 °26'26 "East, 202.89 feet along the common east line of said Barnett
Gathering, L.P. tract and the west line of said TXU Electric Delivery Company tract to a set 5/8
inch iron rod with cap stamped "ESMT ", same being the Point of Beginning;
THENCE departing said common line North 77028'11 "West, 255.09 feet;
THENCE South 62 028'26 "West, 70.99 feet to the beginning of a non - tangent curve to the right;
THENCE along said non - tangent curve to the right, an arc distance of 98.36 feet, through a
central angle of 46 057'52 ", having a radius of 120.00 feet, the long chord of which bears
South 37 007'56 "West, 95.63 feet;
THENCE South 60 036'52 "West, 127.52 feet;
THENCE South 72 010'42 "West, 262.22 feet;
THENCE South 62 008'46 "West, 150.00 feet to a set 5/8 inch iron rod with cap stamped
"ESMT ";
THENCE North 27°51' 14 "West, 21.00 feet to a set 5/8 inch iron rod with cap stamped "ESMT ";
THENCE North 62 °08'46 "East, 511.26 feet;
THENCE North 27°51' 14 "West, 215.00 feet to a set 5/8 inch iron rod with cap stamped
"ESMT ";
THENCE North 62 °08'46 "East, 110.00 feet;
Jacobs Job No. CB015428.010.001.0449
FW106A September 13, 2011
J:UOB\ 01542801 \SUR \WP\LEG \5428_ea7.doc Page 1 of 2
THENCE South 90 °00'00 "East, 115.47 feet to a set 5/8 inch iron rod with cap stamped
"ESMT";
THENCE South 00 °00'00 "East, 143.24 feet;
THENCE South 77'28'11 "East, 320.52 feet to a set 5/8 inch iron rod with cap stamped "ESMT"
on the aforementioned common line of the Barnett Gathering, L.P. tract and the TXU Electric
Delivery Company tract, from which a 5/8 inch iron rod with cap stamped "Jacobs" bears North
12 °26'26 "East, 240.95 feet;
THENCE South 12 °26'26 "West, 20.00 feet along said common line to the Point of Beginning,
as shown on Exhibit A -2 attached hereto and made a part hereof.
Containing 1.631 acres or 71,025 square feet of land, more or less.
Thomas Ruschkewicz
Registered Professional Land Surveyor
Texas Registration No. 6288.
F 71
S
HOMAS RUSCHKEWICZ
<�� 6288 Pv 1
-9 ' FE'SS ��. O�
•su9��
Jacobs Job No. CB015428.010.001.0449
FW106A September 13, 2011
JAJOB\ 01542801 \SUR \WP\LEG \5428_ea7.doc Page 2 of 2
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Exhibit "C"
CITY OF FORT WORTH STORM WATER 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 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.
• 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.
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev 01/09/2007
10
Exhibit "D"
Storm Water Structural Maintenance CHECKLIST
FREQUENT
INSPECTION
DATE
REPAIRS
REQUIRED
REPAIRS
MADE
NOTES
Mowing
Remove Trash and
debris
Violations Noted
MINOR
INSPECTION
Condition of Pond
Amount of silt in
and
Amount of silt in
flume
Amount of ponded
water
Location of Erosion
MAJOR
INSPECTIONS
Structure type and
Condition
Berm or
Embankment
Settlement
Location of erosion
STORM WATER FACILITY MAINTENANCE AGREEMENT 11
Rev 01/09/2007
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 12/6/2011
DATE: Tuesday, December 06, 2011 REFERENCE NO.: L -15293
LOG NAME: 20ROWE6453SWFMA
SUBJECT:
Authorize Execution of a Storm Water Facility Maintenance Agreement with Barnett Gathering, LP, on
Property Located on 1.631 Acres of Land on the 7800 Block of Wichita Street North of Alta Mesa Boulevard,
Lots 1 and 2, Block 1 Night Train Compressor Site at No Expense to the City (COUNCIL DISTRICT 8)
It is recommended that the City Council authorize the execution of
a Storm Water Facility Maintenance Agreement with Barnett
Gathering LP, on property located on 1.631 acres of land on the
7800 block of Wichita Street north of Alta Mesa Boulevard, Lots 1
and 2, Block 1, night train compressor site, at no expense to the
City.
DISCUSSION:
Barnett Gathering LP, is the owner of a 1.631 acre tract of land
upon which it will construct a detention pond. The facility is being
constructed to limit storm water runoff. This agreement is required
with the construction of the night train compressor station. This
compressor station collects natural gas and pushes it into regional
pipelines for sale.
The facility is located in COUNCIL DISTRICT 8, Mapsco 106A
and 106B.
FISCAL INFORMATION:
The Financial Management Services Director certifies that this
action will have no material effect on City funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office bj: Fernando Costa (6122)
Originating Department Head: Douglas W. Wiersig RE (7801)
Additional Information Contact: Lexington Wright (6645)
ATTACHMENTS
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