HomeMy WebLinkAboutContract 56301 Date Received: 09/14/2021 City Secretary
Time Received: 11:00 AM Number: 56301
DRAINAGE CHANNEL
MAINTENANCE AGREEMENT
THIS AGREEMENT,made and entered into this day of September
14 ; 20 21 by and between HT HWY 114 Land LP, acting by and through
Hines Investment Management Holdings Limited Partnership, and its duly authorized
Senior Managing Director, hereinafter referred to as "Landowner", the Wildflower
Ranch Master Association, 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 26 acre tract of land located in the Guadalupe Cardinas Survey, Abstract
No. 214, City of Ft. Worth ETJ, Denton County, Texas as recorded in Document
#2019-131818 of the Deed Records of Denton County, Texas (DRDCT) 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 Tradition, Central Phase 2C,
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 on-site Drainage Facilities be constructed and maintained on a portion of the Property;
and;
OFFICIAL RECORD
STORM WATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY
Rev_11/19/2020 JLE
FT.WORTH,TX
WHEREAS, the City requires that on-site Drainage 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, the City requires that on-site Drainage Facilities ("Facility") as shown
on the Plan be constructed, and Developer has constructed a facility to be adequately
maintained and owned by the Association, the location and dimensions of which is shown
on the attached Exhibit "B" ("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:
I. The Association, its successors and assigns, shall adequately construct and
maintain the on-site Drainage Facility ("Facility') at no expense to the City of
Fort Worth in accordance with the design specifications for the Facility,
attached as Exhibit "C", 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 "D". The Drainage Facility includes all pipes,
channels or other conveyances built to convey storm water to the facility, as
well as all structures, improvements, and vegetation provided to control the
quantity and quality of the storm water. 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 Association, its successors and assigns, shall inspect the Facility and
submit an inspection report to the City annually. The purpose of the inspection
STORM WATER FACILITY MAINTENANCE AGREEMENT 2
Rev.11/19/2020 JLE
is to assure safe and proper functioning of the Facility. The 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 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 Association, 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
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 the Association's.
5. 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 Association, 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 the Association, 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 Association. Such lien shall be perfected by filing in the office
STORM WATER FACILITY MAINTENANCE AGREEMENT 3
Rev.11/19/2020 JLE
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
ASSOCIATION AGREES TO HOLD THE CITY HARMLESS FROM
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. THE ASSOCIATION COVENANTS AND
AGREES 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 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 TO
PERFORM ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER.
7. The 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. The 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, and shall constitute a covenant running with the land, and shall be
STORM WATER FACILITY MAINTENANCE AGREEMENT 4
Rev.11/19/2020 JLE
binding on the Association, its administrators, executors, assigns,heirs and any
other successors in interests,including any property owners association.
Executed this 14th day of September 2021
LANDOWNER:
HT HWY 114 LAND LP,a Texas limited partnership
By: HT Hwy 114 Land LLC,
a Delaware limited liability company,its general partner
By: HT Hwy 114 LP,
a Delaware limited partnership,its sole member
By: Hines Hwy 114 LLC,
a Delaware limited liability company,its general partner
By: Hines Hwy 114 Associates LP,
a Texas limited partnership,its sole member
By: Hines Investment Management Holdings Limited Partnership,
a Texas limited p /it/s general partner
By:
!/ i
Name:Robert W.Witte
Title:Senior Managing Director
Date: August 31,2021
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on August 31 ,2021 by Robert W.
Witte,the Senior Managing Director of Hines Investment Management Holdings Limited
Partnership,a Texas limited partnership,in its capacity as general partner of Hines Hwy 114 Associates
LP,a Texas limited partnership,in its capacity as sole member of Hines Hwy 114 LLC,a Delaware limited
liability company,in its capacity as general partner of HT Hwy 114 LP,a Delaware limited partnership,in
its capacity as sole member of HT Hwy 114 Land LLC,a Delaware limited liability company,in its
capacity as general partner of HT HWY 114 Land LP.,a Texas limited partnership,on behalf of said
entities. L�
My commission expires: 7/3/25
PX&4AAl
Signature of Notary Public
[SEAL]
[E2 LORRIE KURRUSNotary PublicSTATEOFTEXASIDM 12694975-7STORM WATER FACILITY MAINTENANCE AGREEMENT Y COMM.EXp.July 3,2025 5
Rev.11/19/2020 JLE
ASSOCIATION:
Hanna Brown, Director
Wildflower Ranch Master Association
Date: September 2,2021
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on this 1st day of September 2021,
by Hanna Brown, authorized Director, acting on behalf of Wildflower Ranch Master
Association.
My commission expires: 7/3/25
Signature of Notary Public
[SEAL]
LORRIE KURRUS
Notary Public
, .* STATE OF TEXAS
114 12694975-7
or MY C�AFMI.EXP.July 3,2025
STORM WATER FACILITY MAINTENANCE AGREEMENT 6
Rev.11/19/2020 JLE
CITY• Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible
'Zim for the monitoring and administration of
Dana Burghdoff(Se 10,20211 :39 CDT) this contract,including
ensuring all performance and reporting
Dana Burghdoff, Asst. City Manager requirements.
City of Fort Worth 9.
,
Janie S. Morales, Planning Manager
Date: Sep 10,2021 Development Services
Date: Sep 10,2021
Approved as to Form and Legality:
Christa R.Lopez-Reynolds(Sep 9,20JK 11: y T)
Christa Reynolds, Sr. Asst. City Attorney
City Attorney's Office
Date: Sep 9,2021
ATTEST: �a�FoFORra�
/.
d 011
o=d
(Se41,2 OS:S ) o0 00 0
Ronald P. Gonzales, Acting City 0� °0000000,00 *Q,
Secretary rl 4y
City Secretary's Office
Date: Sep 14,2021
OFFICIAL RECORD
CITY SECRETARY
STORM WATER FACILITY MAINTENANCE AGREEMENT FT.WORTH,TX
Rev.11/19/2020 JLE
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on September 13,2021 by
Dana Burghdoff,Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
Jennifer L. Digitally signed by Jennifer L.
JENNIFER L. EZERNACK RY P(i Ezernack
2 0� Notary Public Ezernack Date:2021.09.13 15:15:58-05'00'
* * STATE OF TEXAS —t
Notary I.D. 130561630 Notary Public, State of Texas
o��� My Comm. Exp. Mar. 1,2024
OFFICIAL RECORD
STORM WATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY
Rev_11/19/2020 JLE
FT.WORTH,TX
GOODWIN o CIVIL ENGINEERS — PLANNERS — SURVEYORS
ARSHQLL =
EXHIBIT "A''
LEGAL DESCRIPTION FOR
VARIABLE WIDTH DRAINAGE EASEMENT
All that certain lot, tract, or parcel of land, situated in a portion of the
Guadalupe Cardinas Survey, Abstract No. 214, Denton County, Texas, being
part of that certain called 25.693 acre tract described as Tract 2 in a deed to HT
HWY 1 14 Land LP recorded in Document No. 2019-131818 of the Deed Records
of Denton County, Texas (DRDCT), and being more completely described as
follows, to-wit:
COMMENCING at a P.K. nail found with washer stamped "DUNAWAY" for the
Northeast Corner of said 25.693 acre tract and being in the approximate
centerline of said Sam Reynolds Road (variable width right-of-way), from which
a P.K. nail found bears South 08 deg. 59 min. 19 sec. West - 0.93 feet and from
which a P.K. nail found in the approximate center line of said Sam Reynolds
Road and the North line of a called 26.323 acre tract described as Tract 4 in said
deed to HT HWY 1 14 Land LP bears South 89 deg. 56 min. 15 sec. East - 3,409.24
feet;
THENCE South 79 deg. 58 min. 03 sec. West departing said approximate
centerline, a distance of 317.68 feet to the TRUE POINT OF BEGINNING;
THENCE South 00 deg. 03 min. 45 sec. East, a distance of 180.00 feet;
THENCE South 89 deg. 56 min. 15 sec. West, a distance of 726.99 feet;
THENCE South 44 deg. 56 min. 15 sec. West, a distance of 14.14 feet;
THENCE South 00 deg. 03 min. 45 sec. East, a distance of 316.43 feet to a Point of
Curvature of a circular curve to the left, having a radius of 275.00 feet, a central
angle of 18 deg. 16 min. 23 sec., and being subtended by a chord which bears
South 09 deg. 11 min. 56 sec. East - 87.33 feet;
THENCE in a southerly direction along said curve to the left, a distance of 87.70
feet;
THENCE South 18 deg. 20 min. 08 sec. East tangent to said curve, a distance of
118.67 feet;
THENCE South 73 deg. 58 min. 08 sec. West, a distance of 50.04 feet;
E\10720-Tradition\COGO\GM EASEMENTS\DRAINAGE EASEMENT\10720-DEIB.dwg 3 h o I ( 4
TEXAS• 2405 Mustang Drive • Grapevine,TX 76051 • 817.329.4373 •TxSury firm #10021700 TENNESSEE•6074 Apple Tree Drive • Memphis,TN 38115 • 901.881.9188
ARIZONA•2105 South Alma School Road, Suite 2 • Chandler, AZ 85286• 602.218.7285 COLORADO • 8400 E. Prentice Ave. •Greenwood Village,CO 80111 • 303.459.4861
GOODWIN o CIVIL ENGINEERS — PLANNERS — SURVEYORS
THENCE North 18 deg. 20 min. 08 sec. West, a distance of 116.66 feet to a Point
of Curvature of a circular curve to the right, having a radius of 325.00 feet, a
central angle of 18 deg. 16 min. 23 sec., and being subtended by a chord
which bears North 09 deg. 11 min. 56 sec. West - 103.21 feet;
THENCE in a northerly direction along said curve to the right, a distance of 103.65
feet,
THENCE North 00 deg. 03 min. 45 sec. West tangent to said curve, a distance of
306.43 feet to a Point of Curvature of a non-tangent circular curve to the right,
having a radius of 50.00 feet, a central angle of 163 deg. 44 min. 23 sec., and
being subtended by a chord which bears North 44 deg. 56 min. 15 sec. East -
98.99 feet;
THENCE in a northeasterly direction along said curve to the right, a distance of
142.89 feet;
THENCE North 89 deg. 56 min. 15 sec. East non-tangent to said curve, a distance
of 666.99 feet;
THENCE North 00 deg. 03 min. 45 sec. West, a distance of 130.00 feet;
THENCE North 89 deg. 56 min. 15 sec. East, a distance of 50.00 feet to the POINT
OF BEGINNING, containing 73,660 square feet or 1 .691 acres of land, more or
less.
Bearings are referenced to Texas State Plane Coordinate System, North Central
Zone (4202), North American Datum of 1983 as derived from GPS observation.
Exhibit map attached and made a part hereof.
E\10720-Tradition\COGO\GM EASEMENTS\DRAINAGE EASEMENT\10720-DEIB.dwg 3 h o ( 4
TEXAS• 2405 Mustang Drive • Grapevine,TX 76051 • 817.329.4373 •TxSury firm #10021700 TENNESSEE•6074 Apple Tree Drive • Memphis,TN 38115 • 901.881.9188
ARIZONA•2105 South Alma School Road, Suite 2 • Chandler, AZ 85286• 602.218.7285 COLORADO • 8400 E. Prentice Ave. •Greenwood Village,CO 80111 • 303.459.4861
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SCALFIN FEET / S ����� POINT OF
L
p� CARII o• 214 COMMENCING
t 1 I P.K. NAIL FOUND
�� D`'' Vu�1� � 1 WITH WASHER"DUNAWAY"
4k
G A13 FROM WHICH A P.K. NAIL FOUND
S 89056'15"W 3409.24' BEARS S 8059'19"W-0.93'
�� SAM REYNOLDS ROAD
P.K. NAIL FOND
TRACT 3
CALLED 23.964 ACRES
HT HWY 774 LAND LP. L 1 O J N 6i4
DOC. NO, 2079-737878 1oo
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oLO 73,660 SQ. TT/1.691 AC.
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Q 2 O REMAINDER OF
W � � Z � CALLED 25.693 ACRES, TRACT 2
M HT HWY 114 LAND LP.
O N V DOC. NO. 2079-737818
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PROPO_S_ED
- WATER CANNA DRIVE
REMAINDER OF
M CALLED2s.693ACRES, TRACT2 SEE SHEET 4 FOR LINE
oa HT HWY 114 LAND LP.
— �N DOC.NO.2019-737878 &CURVE TABLE
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CALLED396.67NETACRE
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a O U WDEVELOPMEEARINS ARE REFERENCED TO
\ \\ DOC. NO. 2019�3�48 gEXA SLATE PLANE COORDINATE w
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J J Q D.R.D.C.T. SYSTEM, NORTH CENTRAL ZONE w
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T- -F— -� \� T T DATUM OF 1983 AS DERIVED Q
EXHIBIT "An MAP SHOWING FROM GPS OBSERVATION. o
VARIABLE WIDTH DRAINAGE EASEMENT, Z
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GUADALUPE CARIDINAS SURVEY, ABSTRACT NO. 214 w
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o Job No.: 10720 Scale: 1"=200' Sheet � G\ RFa GOODWINs o
�� �� ° Drafted: J.A.V. Checked: J.N.R. JOHN N.ROGERS .0
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CIVIL ENGINEERS-PLANNERS-SURVEYORS Surveyed on the Ground: 03/26/2019 of ��FESS\o? o
2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 07/27/2021 SURVE4
(817)329•4373 0
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Revised: Revised: Date Signed: 7/29/2021 w
LINE TABLE
LINE # BEARING DISTANCE
Ll S79'58'03"W 317.68'
L2 S00003'45"E 180.00,
L3 S89056'15"W 726.99'
L4 S44'56'15"W 14.14'
L5 S00°03'45"E 316.43'
L6 S 18020'08"E 1 18.67'
L7 S73'58'08"W 50.04'
L8 N 18020'08"W 1 16.66'
L9 N00003'45"W 306.43'
L10 N89o56'1 FE 666.99'
L11 N00003'45"W 130.00'
L12 N89o56 15"E 50.00'
CURVE TABLE
CURVE # RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH
C1 275.00' 87.70' 18°16'23" S09°11'56"E 87.33'
C2 325.00' 103.65' 18016'23" N09011'56"W 103.21
C3 50.00' 142.89' 163°44'23' N44°56 15"E 98.99' 3
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BEARINGS ARE REFERENCED TO w
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SYSTEM, NORTH CENTRAL ZONE
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DATUM OF 1983 AS DERIVED Q
EXHIBIT "An MAP SHOWING FROM GPS OBSERVATION.
VARIABLE WIDTH DRAINAGE EASEMENT, Z
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SITUATED IN A PORTION OF THE w
GUADALUPE CARIDINAS SURVEY, ABSTRACT NO. 214 w
DENTON COUNTY, TEXAS �E F F
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�� ° Drafted: J.A.V. Checked: J.N.R. JOHIN N.ROGERS .a
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CIVIL ENGINEERS—PLANNERS—SURVEYORS Surveyed on the Ground: 03/26/2019 O f ?oFESSxo? 2
2405 Mustang Drive,Grapevine,Texas 76051 Date Prepared: 07/27/2021 SURVLD
(817)329•4373
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Exhibit "C"
CITY OF FORT WORTH DRAINAGE CHANNEL
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 MAINTENANCEANSPECTION
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.
STORM WATER FACILITY MAINTENANCE AGREEMENT 10
Rev.11/19/2020 JLE
Exhibit "D"
Drainage Channel Structural Maintenance CHECKLIST
FREQUENT REPAIRS REPAIRS
INSPECTION DATE REQUIRED MADE NOTES
Mowing
Remove Trash and
debris
inspect irrigation
system operation
Remove grass
clippings
Violations Noted
MINOR
INSPECTION
Condition of Channel
Amount of silt in
channel
Amount of silt in
flume
Amount of ponded
water
Amount of wetland
vegetation
Location of Erosion
Percent of vegetation
Condition of trash
guard
Location of Erosion
MAJOR
INSPECTIONS
Condition of
Drainage Channel
Quality Structure
Type of Drainage
Channel Quality
Structure
Structure type and
Condition
Condition of Rip-Rap
Condition of filtration
STORM WATER FACILITY MAINTENANCE AGREEMENT 11
Rev.11/19/2020 JLE
system
Berm or Embankment
Settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of Aeration
Foundation
STORM WATER FACILITY MAINTENANCE AGREEMENT 12
Rev.11/19/2020 JLE