HomeMy WebLinkAboutContract 56480 Permit Number: SWFMA-21-0055
Date Received: 10/18/2021 City Secretary
Time Received: 10:00 AM Number: 56480
DRAINAGE CHANNEL
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this 13th day of October
20 21 , by and between ONM Cottages Summer Creek, LLC, acting by and through Zac
Thompson, its duly authorized president 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 6.97-acre tract located in Juan Albirado Survey, Abstract No. 4, Tarrant
County, Texas according to the warranty deed recorded in Document Number
D221059982,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 The Cottages at Summer Creek,
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;
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
OFFICIAL RECORD
CITY SECRETARY
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev.11/19/2020 JLE FT. WORTH, TX
and assigns, the location and dimensions of which is shown and more particularly
described by metes and bounds in 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 Drainage 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 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 Drainage Channel 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 entire Facility, 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, 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
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 2
Rev.11/19/2020 JLE
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
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
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 3
Rev.11/19/2020 JLE
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 DRAINAGE CHANNEL IN ACCORDANCE HEREWITH, OR AS
A RESULT OF ANY DAMAGES CAUSED TO PERSON OR
PROPERTY DUE TO (1) FLOODING OF THE CHANNEL AND ITS
BANKS, (2) SLOPE FAILURE OF THE BANK OF THE CHANNEL,
AND (3) AND FAILURE OF THE CHANNEL 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. Landowner covenants and agrees that no habitable building shall be erected
within the drainage channel outlined on Exhibit "A" but this paragraph shall
not preclude construction of other improvements within the drainage channel,
which do not impede drainage. Landowner 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
binding on the Landowner, its administrators, executors, assigns, heirs and any
other successors in interests, including any property owners association.
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 4
Rev.11/19/2020 JLE
Executed this 13th day of October 20 21
C1:Ty: LAND OX�TER
ON—N-1 Summer Creek Cottages, LLC
DJ Ha t 13,202116:09 CDT By: 0-N- iL Manager_LLC, its manager
DJ Darrell, Development Services Director
City- of Fort W.orth �K
i�
_
Date: Oct 13,2021 Zac TIC plan,President
Date:
Approved as to Form and Legality:
Christa R.Lopez-Reynolds(Oct 13,201, DT)
Christa Reynolds, Sr. Asst. City Attorney
City Attorney's Office
Date: Oct 13,2021 � f OR
00
00
�* .00.,
00
°
�o odd
ATTEST: 0 v o o
,� °°°°°°° *�
b
���EXASaAp Contract Compliance Manager.
Ronald P, Gonzales, Acting City By signing I acknowledge that I am the
Secretary, City of Fort Worth person responsible
for the monitoring and administration of
Date: Oct 15, 2021 this contract, including
ensuring all perfonnance and reporting
requirements.
Evelyn Ro erts on behalf of(Oct 13,2D2114:57 CDT)
Janie S. Morales, Planning Manager
Development Services
Date: Oct 13,2021
OFFICIAL RECORD
CITY SECRETARY
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev.11119/2020 JLE FT. WORTH, TX
STATE OF TEXAS §
COUINITY OF TARRANT §
This instrument was acknoti ledaed before me on_October 13, 2021 by DJ
Harrell-Development Services Director of the Cite of Fort Worth- on behalf of the Cit-y-of
Fort«7orth_
Digitally signed by Jennifer L.
le
JENNIFER L. EZERNACK Jennifer L. Ezernack Ezernack
Notary Public Date:2021.10.1409:00:17-05'00'
STATE OF TEXAS Nota_!y�Public, State of Texas
Notary I.D. 130561630
My Comm. Exp. Mar. 1,2024
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this day personally appeared
-Z0.0. �
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
O(4 rn Summev- acee,E Co14S:�e5, Ur , and that he executed the same as its
wke.r\:k and as the act '�'reskke - and for the purposes and
consideration expressed in the foregoing instrument.
µY nt `1vNA ALBALD,2YO
Notary Pub 11
N, ATE OF TEXAS Notary ublle, State of Texas
4 P •,E. ID'
1016 451
My Comm.Exp.Aug
OFFICIAL RECORD
CITY SECRETARY
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
Rev.11/19/2020 JLE FT. WORTH, TX
Exhibit A
STORMWATER FACILITIES MAINTENANCE AGREEMENT
BEING a tract of land situated in the Juan Albirado Survey, Abstract No. 4, City of Fort Worth, Tarrant County,
Texas; said tract being part of that tract of land described in Special Warranty Deed to ONM SUMMER CREEK
COTTAGES, LLC as recorded in Instrument No. D221059982 of the Official Public Records, Tarrant County, Texas;
said tract being more particularly described as follows:
LEGAL DESCRIPTION Page I of 13
COMMENCING at a 5/8-inch iron rod with cap stamped"DUNAWAY"found at the south end of a right-of-way corner
clip at the intersection of the west right-of-way line of Summer Creek Drive (a 120-foot wide right-of-way) and the
south right-of-way line of Mountain Brook Lane(a variable width right-of-way);
THENCE North 28*19'40" West, along southwest line of said corner clip, a distance of 14.77 feet to a
5/8-inch iron rod with cap stamped"KHA"found at the west end of said corner clip;
THENCE North 73'19'40"West, along the said south line of Mountain Brook Lane, a distance of 0.51 feet to
the POINT OF BEGINNING; said point being at the beginning of a curve to the left;
THENCE in a southwesterly direction, departing the said south line of Mountain Brook Lane and with said curve to
the left, having a central angle of 26*00'48", a radius of 1069.26 feet, a chord bearing and distance of South 1031'1811
West, 481.30 feet and an arc distance of 485.46 feet to a point for corner in the north right-of-way line of Crescent
Hill Lane (a variable width right-of-way);
THENCE South 76'23'21"West, along the said north line of Crescent Hill Lane, a distance of 40.03 feet to a point at
the beginning of a non-tangent curve to the right;
THENCE in a northeasterly direction, with said curve to the right, having a central angle of 26*10'02", a radius of
1109.26 feet, a chord bearing and distance of North 1*31'19" East, 502.21 feet and an arc distance of 506.61 feet to
a point for corner;said point being in the said south line of Mountain Brook Lane;
THENCE South 73*19'40" East, along the said south line of Mountain Brook Lane, a distance of 40.03 feet to the
POINT OF BEGINNING and containing 19,841 square feet or 0.4555 acres of land, more or less.
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 subject tract.
STORMWATER FACILITIES
OF MAINTENANCE AGREEMENT
ICHAEEC. BILLINGSLEY ABSTRACT NO. 4
REGISTERED PROFESSIONAL CITY OF FORT WORTH
LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY TARRANT COUNTY, TEXAS
FORT WORTH, TEXAS 76102 Ki m I e,r)) H o rn'
m Scale
michael.biIlingsley@kimley-horn.com — Drawn by �Lhiecked by I Date Prolec(No,
�
�
'
'
�
i
i
�
/
!
'
!
,
i
PADILLA,CAELAN 9/1412021=~"~.~..-""". .~.~~`~~~SUMMER CREE ~'~~~~~~..~~~....~~ ~SUMMER..^^^"_.~~~-. /
'
/
� |
�
Exhibit A
Page 2 of 13
ONM SUMMER CREEK /
NORTH COTTAGES, LLC f
(INST. NO. D221059982)
0 _50 100
GRAPHIC SCALE IN FEET O�RN� ['1 `\
_ A8(FWiOTCyfRo
1
o �gN N�3.0 B.
F�Vq�) 0.51'
` 1 5/8"IRFC
"KHA"(C.M.)
5/8"IRFC
"DUNAWAY"
(C.M.)
ONM SUMMER CREEK P.O.C.
COTTAGES, LLC /
(INST. NO. D221059982) /
/ C
D
STORMWATER FACILITIES / o m
MAINTANCE AGREEMENT / o
0.4555 ACRES / * n
19,841 SQ. FT. 8 �, X m
M
o �
0
s <
m
MATCH LINE
NOTES: (SEE SHEET 3)
Bearing system based on the Texas Coordinate System of 1983(2011 adjustment), North Central Zone(4202).
A metes and bounds description of even survey date herewith accompanies this survey plat.
The undersigned, Registered Professional Land Surveyor, hereby certifies that this survey
plat accurately sets out the metes and bounds of the subject tract.
STORMWATER FACILITIES
MAINTENANCE AGREEMENT
JUAN ALBIRADO SURVEY,
ICHAEL C. BILLINGSLEY fir''F` ABSTRACT NO. 4
REGISTERED PROFESSIONAL ' CITY OF FORT WORTH
LAND SURVEYOR NO. 6558 ...........................
ICHA......... BILLINGSLEY.. TARRANT COUNTY, TEXAS
MICNAEL CLEO BILLSLE
801 CHERRY STREET, ....c.......................s... ■
UNIT 11 SUITE 1300 ° 6568 Kim1Pv))) Horn
FORT WORTH, TEXAS 76102 l ��
'9� F E S�J��,•y 801 Cherry Street,Unit 11,#1300 Tel.No,(817)335.6511
PH. 817-335-6511 S U R`I Fort Worth,Texas 76102 FIRM#10194040 www.kimley-horn.com
Michael.billingsley@kimley-horn.com Scale I Drawn by I Checked by I Dale ProectNo. Sheet No.
V=1W COP MC9 9/1412021 061298201 2 OF 3
PADILLA,CAELAN 9114/2021 9:18 AM K:\FTW SURVEYi064543400-LIV SUMMER CREEK MFIDWG\053219503-COTTAGES AT SUMMER CREEK SWFMA.DWG
f
i
Exhibit A
Page 3 of 13
NORTH
0 50 100
GRAPHIC SCALE IN FEET MATCH LINE
(SEE SHEET 2)
STORMWATER FACILITIES
MAINTENANCE AGREEMENT / c1 Cl-
0.4555 ACRES N /
ONM SUMMER CREEK COTTAGES, LLC 19,841 SQ. FT. U �'
/ o C�
(INST. NO. D221059982) L2
L.
,� -OF WAy1 m
R� �o
G kpk,\j A$�E 0
CALLED 25.351 ACRES CCl
NEC CTR&McP, LP
(INST. NO. D219006987) \
LINE TABLE
NO. BEARING LENGTH
L1 N28'19'40"W 14.77'
L2 S76'23'21"W 40.03'
L3 S73'19'40"E 40.03'
CURVE TABLE
NO. DELTA RADIUS LENGTH CHORD BEARING CHORD
C1 26'00'48" 1069.26' 485.46' S01'31'18"W 481.30'
C2 26'10'02" 1109.26' 506.61' N01'31'19"E 502.21'
STORMWATER FACILITIES
MAINTENANCE AGREEMENT
JUAN ALBIRADO SURVEY,
ABSTRACT NO. 4
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
Ki m I ew >>> H o r n
801 Cherry Street,Unit 1 t,91300� Tel.No.(817)335.6511
Fort Worth,Texas 76102 FIRM#10/94040 wwkimley-hom.com
Scale Drawn by Checked by Date ProioU No. Sheot No,
COP MCB 9/14/2021 061298201 3 OF 3
PADILLA,CAELAN 9114/2021 9:18 AM K:%FTW SURVEY1064543400-LIV SUMMER CREEK MFIDWGl063219503-00TTAGES AT SUMMER CREEK SWFMA.DWG
1
Lo 111111111111111111111111111111111111111111IIIIIII Exhibit A
D221059982 Page 4 of 13
03/05/2021 03:00 PM Page: 1 of 10 Fees: $55.00
DEED MAR Y LOUISE NICHOLSON
SUBMITTER:REPUBLIC TITLE OF TEXAS INC COUNTY CLERK
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION
FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY
BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL
SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
F4 at)Ia��-rr SPECIAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF TARR.ANT §
SLF IV—CHISHOLM TRAIL,L.P., a Texas limited partnership("Grantor"),for and in
consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable
consideration paid by ONM SUMMER CREEK COTTAGES, LLC, a Texas limited liability
company ("Grantee"), the receipt and sufficiency of which are hereby acknowledged and
confessed, subject to the exceptions, liens, encumbrances, restrictions, terms and provisions
hereinafter set forth and described,has GRANTED,BARGAINED, SOLD and CONVEYED, and
by these presents does hereby GRANT, BARGAIN, SELL and CONVEY, unto Grantee that
certain tract of land situated in Tarrant County,Texas,described on Exhibit A attached hereto and
incorporated herein by reference(the"Land").
TOGETHER WITH,all and singular,to the extent owned by Grantor and not by an existing
lessee,easement holder or other third party(as applicable),any improvements and fixtures situated
on the Land,and all rights and appurtenances pertaining to the Land to the extent the same pertain
to and run with the Land, less and except and expressly excluding, however, the mineral estate
(and all oil, gas and other minerals, and all rights, privileges and appurtenances pertaining to the
mineral estate) pertaining to the Land, which mineral estate was previously reserved by a former
owner of such Land as contained in a prior recorded deed of public record pertaining to such Land
(said Land, improvements, fixtures, rights and appurtenances being hereinafter referred to as the
"Property").
For the same consideration recited above, Grantor hereby BARGAINS, SELLS and
TRANSFERS, without warranty, express or implied, all interest, if any, of Grantor in(i) strips or
gores, if any, between the Land and abutting or immediately adjacent properties not owned by
Grantor or any party comprising Grantor, and(ii) any land lying in or under the bed of any street,
road, alley or right-of-way abutting or immediately adjacent to the Land to the extent the same are
appurtenant to the Land, except with respect to the rights of Grantor in and to same as the owner
of adjacent land.
This conveyance is made subject and subordinate to the easements,encumbrances,mineral
reservations and other exceptions (together, the "Permitted Exceptions") described on Exhibit B
attached hereto and incorporated herein by reference for all purposes.
1
Exhibit A
Page 5 of 13
TO HAVE AND TO HOLD the Property,subject to the Permitted Exceptions as aforesaid,
unto Grantee, and Grantee's successors and assigns, forever, and Grantor does hereby bind
Grantor, and Grantor's successors and assigns,to WARRANT and FOREVER DEFEND, all and
singular the Property,subject to the Pennitted Exceptions,unto Grantee,and Grantee's successors
and assigns, against every person whomsoever lawfully claiming or to claim the same or any part
thereof,by,through or under Grantor,but not otherwise.
Grantee, by its acceptance hereof, does hereby assume and agree to pay any and all ad
valorem taxes and special assessments pertaining to the Property for calendar year 2021 and
subsequent years,there having been a proper proration of ad valorem taxes for the current calendar
year between Grantor and Grantee. Grantee, by its acceptance hereof, does further assume and
agree to pay any and all ad valorem taxes and assessments(and any penalties or interest thereon)
relating to a change in the usage or ownership of the Property.
[SIGNATURE AND NOTARY ACKNOWLEDGMENT PAGE FOLLOWS]
2
Exhibit A
Page 6 of 13
EXECUTED to be effective as of March 5 , 2021.
GRANTOR:
SLF IV—CHISHOLM TRAIL,L.P.,
a Texas limited partnership
By: SLF IV Property GP,LLC,
a Texas limited liability company,
its General Partner
By: Stratford Land Fund IV, L.P.
a Delaware limited partnership,
its Co-Managing Member
By: SLF IV 2020 GP, LLC,
a Texas limited liability company,
its General Partner
By:
Na&. tfZbt-eAr IF %JAIe -
Title: J'IIEi�1/a,
STATE OF _ §
§ Ss.
COUNTY OF�✓ §
This instrument was ACKNOWLEDGED before me this No day of
2021, by Rep,-eW U,u, L- , the /644#,�ua._ of SLF IV 2020 GP, LLC, a Texas
limited liability company, General Partner of Stratford Land Fund IV, L.P., a Delaware limited
partnership, Co-Managing Member of SLF IV Property GP, LLC, a Texas limited liability
company,General Partner of SLF IV—Chisholm Trail,L.P.,a Texas limited partnership,on behalf
of said limited partnership.
otary Public
[Notary Seal]
``"�tpttttuurt) My commission expires/-' if
ATK,&'
�? oTA,� ,02
EXPIRES _
s = GEORGIA
March 8.2022
°Lt3 L1C 3
l/(11171 11111„` �`
nanun�
Exhibit A
Page 7 of 13
GRANTEE'S ADDRESS FOR TAX NOTICES:
ONM Summer Creek Cottages, LLC
Attention: Darrel Amen
1038 Texan Trail
Grapevine,Texas 76051
4
Exhibit A
Page 8 of 13
EXHIBIT A
Property Description
TRACT 1
BEING a 10.4078 acre(453,362 square feet)tract and of land situated in the Juan Albirado Survey,
Abstract No. 4, City of Fort Worth, Tarrant County, Texas; said tract being part of Tract 3
described in Special Warranty Deed to SLF IV—Chisholm Trail, L.P. (formerly SLF IV/Legacy
Capital, L.P.) recorded in Instrument No D210314509 of the Official Public Records of Tarrant
County, Texas as corrected in Special Warranty Deed - Correction Affidavit recorded in
Instrument No. D214151266 of said Official Public Records; said tract being more particularly
described as follows:
BEGINNING at a 5/8-inch iron rod with"DUNAWAY"cap found at the north end of a right-of-
way corner clip at the intersection of the west right-of-way line of Summer Creek Drive (a 120-
foot wide right-of-way) and the north right-of-way line of Mountain Brook Lane(a variable width
right-of-way);
THENCE South 61°40'20" West, along the northwest line of said corner clip, a distance of 14.77
feet to a 5/8-inch iron rod with"KHA"cap set for corner;
THENCE along the north line of Mountain Brook Lane the following three(3)calls:
North 73'19'40" West, a distance of 119.14 feet to a 5/8-inch iron rod with"KHA" cap set at the
beginning of a tangent curve to the left having a central angle of 171 13'24",a radius of 300.00 feet,
a chord bearing and distance of North 81°56'22"West, 89.84 feet;
In a northwesterly direction,with said curve to the left, an arc distance of 90.18 feet to a 5/8-inch
iron rod with"KHA"cap set for corner;
South 89026'56" West, a distance of 360.26 feet to a 5/8-inch iron rod with "KHA" cap set for
corner at the east end of a right-of-way corner clip at the intersection of the said north line of
Mountain Brook Lane and the east right-of-way line of Summit Ridge Road(a 60-foot wide right-
of-way);
THENCE North 45°33'04" West, along the northeast line of said comer clip, a distance of 14.14
feet to a 5/8-inch iron rod with"KHA"cap set for corner;
THENCE North 0033'04" West, along the said east line of Summit Ridge Road, a distance of
559.34 feet to a 5/8-inch iron rod with"KHA"cap set for corner;
THENCE North 8912656" East, a distance of 993.82 feet to a point at the beginning of a non-
tangent curve to the right having a central angle of 17°05'30", a radius of 771.24 feet, a chord
bearing and distance of South 33154'28" West, 229.21 feet; said point being in the said west line
of Summer Creek Drive;
5
Exhibit A
Page 9 of 13
THENCE along the said west line of Summer Creek Drive,the following three(3)calls:
In a southwesterly direction, with said curve to the right, an arc distance of 230.07 feet to a point
for corner;
South 42'27'13"West,a distance of 83.93 feet to a point at the beginning of a tangent curve to the
left having a central angle of 23°03'02", a radius of 1058.76 feet, a chord bearing and distance of
South 30°5542"West,423.08 feet;
In a southwesterly direction with said curve to the left,an arc distance of 425.95 feet to the POINT
OF BEGINNING and containing 10.4078 acres or 453,362 square feet of land,more or less.
TRACT 2
BEING a 6.9731 acre (303,750 square feet) tract of land situated in the Juan Albirado Survey,
Abstract No. 4, City of Fort Worth, Tarrant County, Texas; said tract being part of Tract 3
described in Special Warranty Deed to SLF IV—Chisholm Trail, L.P. (formerly SLF IV/Legacy
Capital, L.P.) recorded in Instrument No D210314509 of the Official Public Records of Tarrant
County, Texas as corrected in Special Warranty Deed. - Correction Affidavit recorded in
Instrument No. D214151266 of said Official Public Records; said tract being more particularly
described as follows:
BEGINNING at a 5/8-inch iron rod with"DUNAWAY"cap found at the north end of a right-of-
way corner clip at the intersection of the west right-of-way line of Summer Creek Drive(a 120-
foot wide right-of-way) and the north right-of-way line of Crescent Hill Lane (a variable width
right-of-way);
THENCE South 32036'02" West, along the northwest line of said corner clip, a distance of 14.51
feet to a 5/8-inch iron rod with"KHA"cap set for corner;
THENCE along the said north line of Crescent Hill Lane,the following six(6)calls:
South 76023'21" West, a distance of 194.74 feet to a 5/8-inch iron rod with"KHA"cap set at the
beginning of a tangent curve to the right having a central angle of 13°03'35", a radius of 350.00
feet, a chord bearing and distance of South 82°55'08" West, 79.60 feet;
In a southwesterly direction,with said curve to the right,an arc distance of 79.78 feet to a 5/8-inch
iron rod with"KHA"cap set for corner;
South 89°26'56" West, a distance of 16.04 feet to a 5/8-inch iron rod with "KHA" cap set at the
beginning of a tangent curve to the right having a central angle of 11'02'32", a radius of 430.00
feet, a chord bearing and distance of North 85°01'48"West, 82.74 feet;
6
Exhibit A
Page 10 of 13
In a northwesterly direction,with said curve to the right, an arc distance of 82.87 feet to a 5/8-inch
iron rod with"KHA"cap set at the beginning of a reverse curve to the left having a central angle
of 11'02'32",a radius of 490.00 feet,a chord bearing and distance of North 85101'48"West,94.29
feet;
In a northwesterly direction,with said curve to the left, an arc distance of 94.44 feet to a 5/8-inch
iron rod with"KHA"cap set for corner;
South 89°26'56" West, a distance of 60.70 feet to a 5/8-inch iron rod with "KHA" cap set for
corner at the east end of a right-of-way corner clip at the intersection of the said north line of
Crescent Hill Lane and the east right-of-way line of Summit Ridge Road(a 60-foot wide right-of-
way);
THENCE North 45°33'04" West, along the northeast line of said corner clip, a distance of 14.14
feet to a 5/8-inch iron rod with"KHA"cap set for corner;
THENCE North 0°33'04" West, along the said east line of Summit Ridge Road, a distance of
561.90 feet to a 5/8-inch iron rod with"KHA"cap set for corner at the south end of a right-of-way
corner clip at the intersection of the said east line of Summit Ridge Road and the south right-of-
way line of Mountain Brook Lane(a variable width right-of-way);
THENCE North 44026'56" East, along the southeast line of said corner clip, a distance of 14.14
feet to a 5/8-inch iron rod with"KHA"cap set for corner;
THENCE along the said south line of Mountain Brook Lane,the following three(3) calls:
North 89°26'56" East, a distance of 270.75 feet to a 5/8-inch iron rod with"KHA" cap set at the
beginning of a tangent curve to the right having a central angle of 171324", a radius of 385.00
feet, a chord bearing and distance of South 81°5622" East, 115.30 feet;
In a southeasterly direction, with said curve to the right, an arc distance of 115.73 feet to a 5/8-
inch iron rod with"KHA"cap set for corner;
South 73119'40" East, a distance of 161.70 feet to a 5/8-inch iron rod with "KHA" cap set for
corner at the west end of a right-of-way corner clip at the intersection of the said south line of
Mountain Brook Lane and the said west line of Summer Creek Drive;
THENCE South 28019'40" East, along the southwest line of said corner clip, a distance of 14.77
feet to a 5/8-inch iron rod with"DUNAWAY"cap found at the beginning of a non-tangent curve
to the left having a central angle of 24°51'40",a radius of 1058.76 feet,a chord bearing and distance
of South 19018"West,455.81 feet;
THENCE in a southwesterly direction along the said west line of Summer Creek Drive and with
said curve to the left,an arc distance of 459.40 feet to the POINT OF BEGINNING and containing
6.9731 acres or 303,750 square feet of land,more or less.
7
Exhibit A
Page 11 of 13
TRACT 3
BEING all of Lot 3X, Block 4,Chisholm Trail Ranch,an addition to the City of Fort Worth
according to the plat recorded in Instrument No. D220041937 of the Official Public Records of
Tarrant County,Texas.
TRACT 4
BEING all of Lot 4X, Block 4, Chisholm Trail Ranch, an addition to the City of Fort Worth
according to the plat recorded in Instrument No. D220041937 of the Official Public Records of
Tarrant County,Texas.
8
Exhibit A
Page 12 of 13
EXHIBIT B
Permitted Exceptions
1. Easement granted by CL Texas,L.P.to the City of Fort Worth,filed June 6,2007,recorded
under Document No. D207195357,Real Property Records,Tarrant County,Texas.
2. Mineral Lease,together with all rights,privileges and immunities incident thereto,to Chief
Holdings, LLC, as Lessee, from CL Texas, LP, as Lessor, as evidenced by Memorandum
of Paid Up Oil, Gas and Mineral Lease, filed July 20, 2005, recorded under Document
D205208250, Real Property Records, Tarrant County, Texas, as affected by Amendment
and Ratification of Paid Up Oil and Gas Lease filed October 10, 2008, recorded under
Document No D208389090,Real Property Records, Tarrant County,Texas.
3. Oil,gas and mineral interest reserved in Special Warranty Deed filed December 21,2010,
recorded under Document No. D210314509, Real Property Records, Tarrant County,
Texas, as affected by Correction Affidavit, filed July 16, 2014,recorded under Document
No. D214151266,Real Property Records,Tarrant County,Texas.
4. Easement granted by SLF IV/Legacy Capital, L.P. to the City of Fort Worth, recorded
under Document No.D212119062, Real Property Records,Tarrant County,Texas.
5. Easement granted by SLF IV/Legacy Capital, L.P. to the City of Fort Worth, recorded
under Document No. D212119074,Real Property Records,Tarrant County, Texas.
6. Easement granted by SLF IV/Legacy Capital, L.P. to the City of Fort Worth, recorded
under Document No. D212119088,Real Property Records,Tarrant County,Texas.
7. Easement granted by SLF IV/Legacy Capital, L.P. to the City of Fort Worth, recorded
under Document No. D212119089,Real Property Records,Tarrant County,Texas.
8. Easement granted by SLF IV/Legacy Capital, L.P. to the City of Fort Worth, recorded
under Document No. D212119092,Real Property Records,Tarrant County,Texas.
9. Easement granted by SLF IV/Legacy Capital, L.P. to the City of Fort Worth, recorded
under Document No. D212119093,Real Property Records,Tarrant County,Texas.
10. Easement granted by SLF IV/Legacy Capital, L.P. to the City of Fort Worth, recorded
under Document No. D212138136,Real Property Records,Tarrant County,Texas.
11. Covenant and Easement Agreement by and between Chisholm Residences, LLC and SLF
IV — Chisholm Trail, L.P., recorded under Document No. D219252515, Real Property
Records,Tarrant County,Texas.
12. Easement granted by SLF IV—Chisholm Trail, L.P. to the City of Fort Worth, recorded
under Document No. D219289855,Real Property Records,Tarrant County,Texas.
13. Easement granted by SLF IV— Chisholm Trail, L.P. to the City of Fort Worth, recorded
9
Exhibit A
Page 13 of 13
under Document No. D219289866,Real Property Records,Tarrant County, Texas.
14. Easement granted by SLF IV—Chisholm Trail, L.P. to the City of Fort Worth, recorded
under Document No. D219289867,Real Property Records,Tarrant County,Texas.
15. Temporary Turnaround Facility Easement granted by SLF IV—Chisholm Trail,L.P.to the
City of Fort Worth, recorded under Document No. D219289880, Real Property Records,
Tarrant County,Texas.
16. Matters shown on plat recorded under Document No.D220041937,Real Property Records,
Tarrant County,Texas.
17. Easement granted by SLF IV—Chisholm Trail, L.P.to Oncor Electric Delivery Company
LLC,recorded under Document No.D220278917,Real Property Records,Tarrant County,
Texas.
18. Chisholm Trail Ranch Master Covenant filed on July 16, 2014,recorded under Document
No. D214150643, Real Property Records, Tarrant County, Texas; as amended by
Amendment filed March 1, 2017, recorded under Document No. D217045437, Real
Property Records, Tarrant County, Texas; and as amended by Chisholm Trail Ranch
Second Amendment to Master Covenant, recorded under Document No. D219180076,
Real Property Records, Tarrant County, Texas. Community Manual filed July 16, 2014,
recorded under Document No. D214150836, Real Property Records, Tarrant County,
Texas. Design Guidelines filed on April 27, 2016, recorded under Document No.
D216086819, Real Property Records, Tarrant County, Texas. Notice of Applicability
[Multi-Family Tract 6A] filed on or about the date hereof,Real Property Records,Tarrant
County, Texas, and Development Area Declaration [Multi-Family Tract 6A] filed on or
about the date hereof,Real Property Records,Tarrant County,Texas.
19. Rights of third parties, if any, as to the location of Head Walls w/ Guard Rails, located
inside the boundary line,on the northeast side of the Property,as shown on survey prepared
by Kimley Horn, certified by Michael Cleo Billingsley, R.P.L.S No. 6558, dated August
5, 2020,updated January 14,2021.
20. Drainage Ditch affecting Property across the northeasterly part of subject land as shown
on survey prepared by Kimley Horn, certified by Michael Cleo Billingsley, R.P.L.S No.
6558,dated August 5,2020, updated January 14,202E
.• II;�T FILED AND RECORDED
OFFICIAL PUBLIC RECORDS OF
TARRANT COUNTY,TEXAS
D221059962
03/05/2021 03:00 PM
10 •.,r; ;r.•' DEED
Pages:10 ^
Fees: $55.00
MARY LOUISE NICHOLSON
COUNTY CLERK
Exhibit B N
uJ7
fvM2 4o�YrNN"r 1 �_j / 0 100, 200'
A Dpt( // GRAPHIC SCALE 100'
\`
—7/ LEGEND
! � �I �� � ��'`��� � � �vF✓' 4 Q� � PROPERTYunE
-/� �7984 II FP 61i00 PROPOSED FlNSI�ED PADEIEVATION
n7..6,'�
Y \ -� I 55.5• PROPOSED SPOTEt£VATpN
E%ISTNG SPOT ELEVATION
\ 'I I \` i\ \ e e I I / TW 55.5• PROPOSED TOP OF WALL ELEVATOOJ
BW55.S PRO POSED DOT-OF WALL ELEVATION
EW SS.5• PROPOSEDE10—SLEVATON
PROPOSEOREAR YARD SWALE
FACILITY ESMT —� LOTIJRNNacE FLOWgREcnON
(TO BE ABANDONED 5) STREET DRNNAGE FLOW DIRECTION
PROPOSED RETNN.NGWALL
E%POSED FACE OF RETNlFJG WALL
\ —\ INSTIjNENT SLOPE EASEMENT
��*��� \ \ $+ — ENST.ENO.D21211909}) y INDICATES MRROREOUNT IAYOUf
\ I T
I11 / \ ED —SEDDEAMREOURED
\� \ \ \ .I SAPOSEDSEAM L—T-
\ PROPOSEDCONrOUR
3 D vEL PM �3
GRADING GENERAL NOTES
_ I , LOT 2.BLOO(1
20.0' CHISHOLM TRAIL RANCH 1, ALL PERIMETERSLOPESTONATURALGRWN ETOM4:t MA.UNLESS
�z l (INST.N0.D21B723817) PRO O.WSE wTED.
3. PROPOSED CONTOUia FOR RAINSCO EF TIO ONLY.CONTRACTOR TO
I gp UGE GPOT ELEVATIONS FORGMgNG CONSTRUCnON
I- ii 3. No coNsrnL'cnoNSNAu BE ALLOWED WrNN n�FLooDPwNrnsEMErvr.
t 410nKSYMLL 9EOIXJEIN ACGOROANLEWTT GEOTECNNLAL RGPORi BY ECS
4 SOI1TMhE5T,LLP,DATED�1120,PROJECT NO.6J:1 U9.
\ \ \ 0 /I �, `I 5. F 111 Ill El VATIONS SIbWN IN—so AREAS DO NOT AS—..
FOR TIE TI4DIGJESS OF SOD.
PRE-EXISTING MEDIANS/PARKWAYS
�� \ j �' I� AL mIro°L�'nnR�tOaR`a r a o wBwN an's w- w
\ J" I \ �� a TIE PRo.ccr.w TIE—T 11UT a,a w s am psnnem.
GRASS SRNI.DE 6TASIISIEO Ar lOmi By OnMCiQI
J I
L\ P
N TO SOD CR SRDINO.IEYOVE ILL AOOfS O1F lOt n1A11 1�'\ �I AlC2 13-
a A wrr worms suu BE muoWu mw�wlue/aar. RIDR To....,_..Anc.wxsnnJcnox cwwt m-
\ 1 I I \ ♦ RDIOK SXT FV O —Y /ItOM p1oE VECEfAM M
TACSSULLY PRIOR
TO
`ylI -`IJ1I �•'� 1 ''
�recr PMB PRA1R ro•LRw+c N YFDIAx(m7s7-SrvARD
I ITI \ \ \\ Y fuW:COMPACT wrxc NEE
DS a rm
817 61 _TAVCnOx M M/.T IIFfD ro CONTACT AOOPmx PM1xEA MlO
3 DO.1qE
•I ',t, IX 87.
W wT PA. OuvxExT OR SIIXE MATfIeNS ON IEdAN/IIO'S.
Exef.
MATCH
-A\ EGATR
toa wAx
TO E1aST — -
- , PUBuc
FLOW DATA 4 a D.E
SECTION A-A
e SWFMA Exhibit"B"
q Cottages at Summer Creek 4Kiulte ommaDr. orn
R Celina,Tesas 75009
469-501-2200
Fort Worth,Texas State of Texas Regislraticn No.F-925
September 2021 R
Exhibit"C"
CITY OF FORT WORTH DRAINAGE CHANNEL 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.
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 8
Rev.11/1912020 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
and
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 Storm
Water Quality
Structure
Type of Storm Water
Quality Structure
Structure type and
Condition
Condition of Rip-Rap
Condition of filtration
system
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 9
Rev.11/19/2020 JLE
Berm or Embankment
Settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of Aeration
Foundation
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 10
Rev.11/19/2020 JLE