HomeMy WebLinkAboutContract 57756 Date Received: 07/01/2022 Permit No.: SWFMA-22-0025
Time Received: 3:52 pm City Secretary No.: 57756
DRAINAGE CHANNEL
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of June 29
, 2022 by and between Quail Valley Devco VLO, LLC, acting by and through
Seth Carpenter, and its duly authorized representative, hereinafter referred to as
"Landowner", the Walsh Homeowners Association I, Inc., hereinafter referred to as
"Association" and the City of Fort Worth, hereinafter referred to as "City".
WITNESSETH
WHEREAS, the Landowner is the owner of certain tract of land situated in Parker
County, Texas being in the I. & G.N.R.R. Survey, Abstract No. 1996, being a portion of
Parcel 1, described by deed to Quail Valley Devco VLO, LLC as recorded in Document
number 202148529, Official Public Records of Parker 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 Walsh Ranch — Quail Valley-
Planning Area Village Residential (PAVR), 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
CITY SECRETARY
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 1
Rev.03/01/2022 BN 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:
1. 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 `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 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
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 2
Rev.03/01/2022 BN
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
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 3
Rev.03/01/2022 BN
of the County Clerk of Parker 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 DRAINAGE CHANNEL 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.
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 4
Rev.03/01/2022 BN
8. This Agreement shall be recorded among the land records of Parker County,
Texas, and shall constitute a covenant running with the land, and shall be
binding on the Association, its administrators, executors, assigns, heirs and any
other successors in interests, including any property owners association,
Executed this 29th day of June _2022
CITY: LANDOWNER:
Quail Valle co V , LLC
Dana Burghdoff( n 29,20 12:43 CDT)
Dana Burghdoff, by: i Carpenter
Assistant City Manager Title: Vice President
City of Fort Worth
Date. Jun 29, 2022 Date: (O 2 2o2Z
Approved as to Form and Legality: ASSOCIATION:
Walsh Homeo ers Association I, Inc.
Matthew Murray Title: im Hen
City Attorney's Office 'tle: resident
Date. Jun 28, 2022 Date: 2 2OZZ
Contract Compliance Manager:
By signing I acknowledge that I am the
ATTEST: person responsible
for the monitoring and administration of
J ette S.Goodall(Jul 1,2022 11:3 T) this contract, including
Jannette Goodall, oa4FORr��a ensuring all performance and reporting
° °°°°° °
City Secretary a.�F° °o o requirements.
City of Fort Worth ago
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Date: Jul 1, 2022 0, 000 o
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�a�nExa►SoAp Janie S. Morales, Planning Manager
Development Services
Date:
Jun 29, 2022
OFFICIAL RECORD
DRAINAGE CHANNEL MAINTENANCE AGREEMENT CITY SECRETARY 5
Rev.03/01/2022 9N
FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on June 29th, 2022 by Dana
Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
Wendy L. Digitally signed by Wendy L.
Beardslee
O�pRYPUe/ WENDY L BEARDSLEE Beardslee Date:2022.06.29 13:14:08-05'00'
_ Notary Public
. * STATE of TEXAS Notary Public, State of Texas
N� P Notary I.D. 13323719-3
OF My Comm. Exp.July 28,2025
STATE OF�'P�G §
COUNTY OF rAI l §
_ BEFORE ME, the undersigned authority, a Notary Public in and for the State of
1641 , on this day personally appeared Se Pk (atpent Er-
(name), /1 _ (title), known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, as the
act and deed of �J�_�I- ll� G, Q, (entity), a
e (entity type) and in the capacity therein
stated.
�J rt
GIVEN UNDER MY HAND AND SEAL OF OFFICE this G day
of i hAj_ , 20__I.I— KPk
0& -
Mary Catherine Southworth Notary Publ , State of
+ My Co9110/202 Expires
Notary ID
133326426
OFFICIAL RECORD
CITY SECRETARY
DRAINAGE CHANNEL MAINTENANCE AGREEMENT FT. WORTH, TX
Rev,03/01/2022 BN
STATE OF t §
COUNTY OF { §
T is instrument was acknowledged before me on U tq Z K�14)2&y,
authorized representative on behalf of
Walsh Homeowners Association I, Inc.
Notary Publi , State of -9k
Mary Catherine Southworth 1,
My Commission Expires
+ + 9/10/2025
Notary ID
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133326426
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 7
Rev.03/01/2022 BN
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
DRAINAGE CHANNEL MAINTENANCE AGREEMENT 8
Rev.03/01/2022 BN
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STORM WATER FACILITY MAINTENANCE AGREEMENT
1& G.N. R.R. Survey, Abstract No. 1996
Parker County, Texas
BEING a 0.5005 acres (21,800 square feet) tract of land situated in Parker County, Texas,
being in the I & G.N. R.R. Survey, Abstract No. 1996, being a portion of Parcel 1, a called 30.19
acre tract of land conveyed to Quail Valley DEVCO VLO, LLC as recorded in Document number
202148529, Official Public Records of Parker County, Texas (O.P.R.P.C.T.) and being more
particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod with plastic cap stamped "Huitt-Zollars" found at the
southwest corner of Lot 1, Block A, of the Final Plat of Walsh Ranch, Quail Valley, Lot 1, Block
A, an addition to the City of Fort Worth, Parker County, Texas, recorded under Cabinet D, Page
677 of the Plat Records of Parker County, Texas (P.R.P.C.T.), said point also being on the
northerly line of said Parcel 1 of the Quail Valley DEVCO VLO, LLC tract, from which a 5/8 inch
iron rod with plastic cap stamped "Huitt-Zollars"found on the easterly line of said Parcel 1 of the
Quail Valley DEVCO VLO, LLC tract bears North 80 degrees 11 minutes 30 seconds East, a
distance of 265.00 feet;
THENCE, along the northerly line of said Parcel 1 of the Quail Valley DEVCO VLO, LLC tract,
South 80 degrees 11 minutes 30 seconds West, a distance of 37.78 feet to a set 5/8 inch iron
rod with plastic cap stamped "Huitt-Zollars" and the POINT OF BEGINNING, said point also
being the beginning of a tangent curve to the left having a central angle of 60 degree 23 minutes
30 seconds, a radius of 158.00 feet, subtended by a 158.93 foot chord which bears South 49
degrees 59 minutes 45 seconds West;
THENCE, leaving said northerly line of Parcel 1 of the Quail Valley DEVCO VLO, LLC tract,
over and across said Parcel 1 of the Quail Valley DEVCO VLO, LLC tract, the following courses
and distances:
Along said curve to the left an arc distance of 166.54 feet to a set 5/8 inch iron rod with
plastic cap stamped "Huitt-Zollars";
South 19 degree 48 minutes 00 seconds West, a distance of 151.62 feet to a set 5/8
inch iron rod with plastic cap stamped "Huitt-Zollars" and the beginning of a tangent
curve to the left having a central angle of 17 degrees 48 minutes 00 seconds, a radius of
228.00 feet, subtended by a 70.55 foot chord which bears South 10 degree 54 minutes
00 seconds West;
Along said curve to the left an arc distance of 70.83 feet to a set 5/8 inch iron rod with
plastic cap stamped "Huitt-Zollars";
South 02 degrees 00 minutes 00 seconds West, a distance of 27.64 feet to a set 5/8
inch iron rod with plastic cap stamped "Huitt-Zollars";
South 73 degrees 30 minutes 00 seconds West, a distance of 239.16 feet to a set 5/8
inch iron rod with plastic cap stamped "Huitt-Zollars";
South 80 degrees 07 minutes 52 seconds West, a distance of 46.48 feet to a set 5/8
inch iron rod with plastic cap stamped "Huitt-Zollars";
South 88 degrees 30 minutes 00 seconds West, a distance of 98.55 feet to a set 5/8
inch iron rod with plastic cap stamped "Huitt-Zollars";
Page 2 of 4
STORM WATER FACILITY MAINTENANCE AGREEMENT
1& G.N. R.R. Survey, Abstract No. 1996
Parker County, Texas
North 01 degrees 30 minutes 00 seconds West, a distance of 30.00 feet to a set 5/8 inch
iron rod with plastic cap stamped "Huitt-Zollars";
North 88 degrees 30 minutes 00 seconds East, a distance of 96.36 feet to a set 5/8 inch
iron rod with plastic cap stamped "Huitt-Zollars';
North 80 degrees 07 minutes 52 seconds East, a distance of 43.55 feet to a set 5/8 inch
iron rod with plastic cap stamped "Huitt-Zollars";
North 73 degrees 30 minutes 00 seconds East, a distance of 215.82 feet to a set 5/8
inch iron rod with plastic cap stamped "Huitt-Zollars";
North 02 degrees 00 minutes 00 seconds East, a distance of 6.04 feet to a set 5/8 inch
iron rod with plastic cap stamped "Huitt-Zollars" and the beginning of a tangent curve to
the right having a central angle of 17 degrees 48 minutes 00 seconds, a radius of 258.00
feet, subtended by a 79.83 foot chord which bears North 10 degrees 54 minutes 00
seconds East;
Along said curve to the right an arc distance of 80.15 feet to a set 5/8 inch iron rod with
plastic cap stamped "Huitt-Zollars";
North 19 degrees 48 minutes 00 seconds East, a distance of 151.62 feet to a set 5/8
inch iron rod with plastic cap stamped "Huitt-Zollars" and the beginning of a tangent
curve to the right having a central angle of 27 degrees 34 minutes 36 seconds, a radius
of 188.00 feet, subtended by a 89.61 foot chord which bears North 33 degrees 35
minutes 18 seconds East;
Along said curve to the right an arc distance of 90.48 feet to a 5/8 inch iron rod with
plastic cap stamped "Huitt-Zollars" set on the northerly line of said Parcel 1 of the Quail
Valley DEVCO VLO, LLC tract;
THENCE, along the northerly line of said Parcel 1 of the Quail Valley DEVCO VLO, LLC tract
North 80 degrees 11 minutes 30 seconds East, a distance of 101.88 feet to the POINT OF
BEGINNING and CONTAINING 0.5005 acres (21,800 square feet) of land, more or less.
Page 3 of 4
STORM WATER FACILITY MAINTENANCE AGREEMENT
1& G.N. R.R. Survey, Abstract No. 1996
Parker County, Texas
Bearings are based on the Texas State Plane Coordinate System, North Central Zone (4202),
North American Datum 1983 (2011). All distances are surface values and can be converted to
grid values by dividing by the combined scale factor of 1.00015539999.
A plat of even survey date herewith accompanies this property description.
For Huitt-Zollars, Inc.
f 'Lr�-OF,•T�
Mitchell S. Pillar MiTCHELLSAI UN PILLAR'
Registered Professional Land Surveyor �•• ........................
Texas Registration No. 5491 �-p��o
5491
Huitt-Zollars, Inc. � �St.iRU�'
TBPELS Firm Registration No. 10025600
5430 LBJ Freeway, Suite 1500
Dallas, Texas 75240
(214) 871-3311
pillar@huitt-zollars.com
Date: April 26, 2022
Page 4 of 4
Name: STORM WATER FACILITY MAINTENANCE AGREEMENT
End North: 6953102.8788' East: 2255637.2909'
Segment#1 : Curve
Length: 166.537' Radius: 158.000'
Delta: 060°23'30" Tangent: 91.943'
Chord: 158.934' Course: S49° 59'44.75"W
Course In: S09° 48' 30.50"E Course Out: N70° 12' 00.00"W
RP North: 6952947.1883' East: 2255664.2070'
End North: 6953000.7090' East: 2255515.5479'
Segment#2 : Line
Course: S 19° 48' 00.00"W Length: 151.624'
North: 6952858.0489' East: 2255464.1871'
Segment#3 : Curve
Length: 70.832' Radius: 228.000'
Delta: 017°48'00" Tangent: 35.704'
Chord: 70.548' Course: S 10° 54' 00.00"W
Course In: S70° 12' 00.00"E Course Out: N88° 00' 00.00"W
RP North: 6952780.8166' East: 2255678.7079'
End North: 6952788.7736' East: 2255450.8468'
Segment#4 : Line
Course: S02° 00' 00.00"W Length: 27.640'
North: 6952761.1505' East: 2255449.8822'
Segment#5 : Line
Course: S73° 30' 00.00"W Length: 239.161'
North: 6952693.2251' East: 2255220.5699'
Segment#6 : Line
Course: S80° 07' 51.76"W Length: 46.480'
North: 6952685.2586' East: 2255174.7777'
Segment#7 : Line
Course: S88° 30' 00.00"W Length: 98.552'
North: 6952682.6788' East: 2255076.2595'
Segment#8 : Line
Course:NOP 30' 00.00"W Length: 30.000'
North: 6952712.6686' East: 2255075.4742'
Segment#9 : Line
Course:N88° 30' 00.00"E Length: 96.357'
North: 6952715.1909' East: 2255171.7981'
Segment#10 : Line
Course:N80° 07' 51.76"E Length: 42.548'
North: 6952722.4834' East: 2255213.7165'
Segment 411 : Line
Course:N73° 30' 00.00"E Length: 215.826'
North: 6952783.7813' East: 2255420.6548'
Segment 412 : Line
Course:NO2° 00' 00.00"E Length: 6.043'
North: 6952789.8206' East: 2255420.8657'
Segment 413 : Curve
Length: 80.153' Radius: 258.000'
Delta: 017°48'00" Tangent: 40.402'
Chord: 79.83E Course:N10' 54' 00.00"E
Course In: S88° 00'00.00"E Course Out:N70° 12'00.00"W
RP North: 6952780.8166' East: 2255678.7085'
End North: 6952868.2114' East: 2255435.9613'
Segment 414 : Line
Course:N19° 48' 00.00"E Length: 151.624'
North: 6953010.8715' East: 2255487.3221'
Segment#15 : Curve
Length: 90.485' Radius: 188.000'
Delta: 027°34'36" Tangent: 46.137'
Chord: 89.614' Course:N33° 35' 18.04"E
Course In: S70° 12'00.00"E Course Out:N42° 37'23.91"W
RP North: 6952947.1888' East: 2255664.2077'
End North: 6953085.5230' East: 2255536.8986'
Segment 416 : Line
Course:N80° 11'29.79"E Length: 101.882'
North: 6953102.8790' East: 2255637.2914'
Perimeter: 1615.743' Area: 21800.46 Sq.Ft.
Error Closure: 0.0005 Course: N69° 15' 58.34"E
Error North: 0.00019 East: 0.00050
Precision 1: 3213328.000
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
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On
February 9, 2022
0
EXHIBIT B
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LLL WALSH RANCH
QUAIL VALLEY-VR
N VILLAGE RESIDENTIAL
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SCALE: 1" = 120' Ph"OM3WraDW FmOM895-1026
AVERAGE
PROP S = 1.60%
WALL Qioo = 2.39 cfs
z dp = 0.24 ft (n=0.050)
Vp = 2.80 fps (n=0.035)
N 12' 10' 8'
PROP EX.
GRADE ___�________
GRADE
SECTION 'A'-'A'
N.T.S
AVERAGE
S = 7.00%
Qioo = 7.99 cfs
Z dp = 0.72 ft (n=0.050)
z Vp = 4.00 fps (n=0.035)
M
M PROP 16' 5' 24' i
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SECTION 'B'-'B'
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WALSH RANCH
LQUAIL VALLEY-VR
M VILLAGE RESIDENTIAL
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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 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.
STORM WATER FACILITY MAINTENANCE AGREEMENT
Rev.11/19/2020 JLE
Exhibit "D"
Drainage Channel Structural Maintenance CHECKLIST
FREQUENT DATE REPAIRS REPAIRS NOTES
INSPECTION REQUIRED MADE
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
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
Rev.11/19/2020 JLE