HomeMy WebLinkAboutContract 58134 Date Received: 09/28/2022 Permit No.: SWFMA-22-0071
Time Received: 11:30 am City Secretary No.: 58134
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day 24th of September
2022 , by and between Toll Southwest LLC, a Delaware limited partnership, acting
by and through Michael Boswell, its duly authorized Vice President, 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 on a tract of land
located in a portion of the Guadalupe Cardinas Survey, Abstract No. 214 and the James
Cheshier Survey, Abstract No. 225, Denton County, Texas, accordingly to deed to Toll
Southwest LLC recorded in Document No. 2022-82068 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 3A.2
hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be
approved by the City and the Landowner and Association provides for management of
Stormwater within the confines of the Property; and
WHEREAS, the City and the Landowner and Association, 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 Stormwater Management Facilities be constructed and
maintained on a portion of the Property; and
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH TX
Rev.03/01/2022 BN
WHEREAS, the City requires that on-site Stormwater Management 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, Landowner agrees to convey the Facility Property to the Association
and the Association agrees to accept the Property where the Stormwater Facility is
located.
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 and Association, its successors and assigns, shall adequately
construct and maintain the on-site Stormwater 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", 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 Stormwater Facility includes all pipes, channels or other conveyances built
to convey stormwater to the facility, as well as all structures, improvements,
and vegetation provided to control the quantity and quality of the stormwater.
Adequate maintenance is herein defined as good working condition so that
these facilities are performing their design functions. The Stormwater
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 and Association, 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.03/01/2022 BN
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 Landowner and 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 Landowner and the Association, its successors and assigns,
fails to maintain the Facility in good working condition as specified herein, 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 and 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 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 or the Association. Such lien shall be perfected by
filing in the office of the County Clerk of Denton County, Texas an affidavit
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.03/01/2022 BN
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 AND ASSOCIATION AGREES TO HOLD THE CITY
HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY
FAILS TO OPERATE PROPERLY. LANDOWNER AND
ASSOCIATION COVENANT AND AGREE AND DOES HEREBY
INDEMNIFY HOLD HARMLESS AND DEFEND THE CITY OF FORT
WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND
AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS
OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH
MIGHT ARISE, FROM THE FAILURE OF LANDOWNER OR ANY
FUTURE OWNERS OF THE FACILITITY PROPERTY TO
MAINTAIN THE FACILITY, INCLUDING, BUT NOT LIMITED TO
THE BED AND BANKS OF THE DETENTION POND; ANY
DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1)
FLOODING OF THE POND AND ITS BANKS, (2) SLOPE FAILURE
OF THE BANKS OF THE POND, OR (3) FAILURE OF THE POND OR
ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH CITY
OF FORT WORTH CRITERIA; OR FAILURE TO PERFORM ANY
OTHER DUTIES OR OBLIGATIONS HEREUNDER.
7. Landowner and 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. Landowner and
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 Denton County,
Texas, shall constitute a covenant running with the land, and shall be binding
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.03/01/2022 BN
on the Landowner, its administrators, executors, assigns, heirs and any other
successors in interests, including any property owners association.
9. Notwithstanding anything to the contrary contained or implied elsewhere
herein, it is expressly agreed and understood that the liabilities, indemnities and
obligations of Toll Southwest LLC as Landowner hereunder shall expire and
be of no further force or effect upon the transfer ("Transfer") by Toll
Southwest LLC to the Association of legal title to the Facility Property, save
and except for any liabilities, indemnities and obligations of Toll Southwest
LLC as Landowner hereunder which have accrued and are due, payable and/or
performable as of the date of the Transfer and which shall expressly survive the
Transfer.
[REMAINDER OF THIS PAGE TO REMAIN BLANK]
STORMWATER FACILITY MAINTENANCE AGREEMENT rJ
Rev.03/01/2022 BN
Executed this 24th day of September 2022
CITY OF FORT WORTH LANDOWNER
Toll Southwest LLC
Dana Burghdoff(Sep 24,20 1503 Cl
Dana Burghdoff
Assistant City Manager Michael Boswell
City of Fort Worth Vice President
Date: Sep 24, 2022 Date:
Approved as to Form and Legality:
Thomas Royce Hansen,
Assistant City Attorney II
City Attorney's Office
Se 23, 2022 Contract Compliance Manager:
Date: p
By signing, I acknowledge that I am the
person responsible for the monitoring
ATTEST: and administration of this contract,
including ensuring all performance and
lann&te-S ��agdWCG reporting requirements.
Jannette S.Goodall(Sep 28,2022 08:56 CDT)
Jannette S. Goodall poa�OR T��a Mcrhi-Ti/Iv on behalf of
City Secretary 0�k-�O'
000000 �(� Matt Tilly on behalf of(Sep 23,202213:44 CDT)
O d
Date: Sep 28, 2022 0�o %oP. Janie Scarlett Morales
POO° 0 Development Manager
0
o °
*°°0 *dd Date: Sep 23, 2022
44 nEXASoAp
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.03/01/2022 BN
ASSOCIATION:
Wildflower Ranch Master Association
4wna
Date: 9/20/22
Dustin Davidson
Date: 9/20/22
i
Mara McLeod
Date: 9/20/22
Bri Ygden
Date: 9/20/22
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.03/01/2022 BN 7
CITY:
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on September 24, 2022 by Dana
Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort
Worth. Digitally signed by Bichson
Bichson Nguyen
Y/'ve/ BICH SON THI NGUYEN Y Date:2022.09.2613:27:52
Notary Public Nguyen
g u en _05,00'
*®+ STATE OF TEXAS
N9rF P Notary I.D. 13, Notary OF
My Comm.Exp..Oct.Oct. 13 2025 Public, State of Texas
LANDOWNER:
STATE OF PAS §
COUNTY OFF §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
on this day peappeared
(name), Vim &gld;;:� (title), known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that Pshe executed the same for the purposes and consideration therein expressed, as the
act and deed of , /�/ L11 (S/j(,( (, M� � (entity), a
1)ehWWe, 1 fthtlPd I/lKY//!/T (entity type) and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day
of
` �4, ��Qs SHIERRIATAYLOR
*�* Netgry PiNic,State of Texas
w� "'`� aq Conim.Expires 06 03 2024 NOt Ub11C, State Of
"'Fa��` 01
Notary 10521215-6
OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH TX
Rev.03/01/2022 BN e
ASSOCIATION:
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on September 2,2022 by,
Hanna Brown , authorized representative, acting on behalf of the
Wildflower Ranch Master Association.
ab"M — 1�6� &Vul�
2os:sec Lorrie Kurrus Nota Public, State of Texas
MY COMMISSION EXPIRES
*' �* July 3,2025
NOTARY ID: 12694975-7
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on September 20,2022 by,
Dustin Davidson , authorized representative, acting on behalf of the
Wildflower Ranch Master Association.
Notary Public, State of Texas
aSP ` Lorrie Kurrus
MY COMMISSION EXPIRES
',-
July 3.2025
? t NOTARY ID: 12694975-7
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 9
Rev.03/01/2022 BN
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on September 20,2022 by,
Mara McLeod ,authorized representative, acting on behalf of the
Wildflower Ranch Master Association.
RY"U Lorrie Kurrus NotaryPublic State of Texas
MY COMMISSION EXPIRES
*` �* July 3,2025
"N' NOTARY ID: 12694975-7
�t
STATE OF TEXAS §
COUNTY OF DALLAS §
This instrument was acknowledged before me on September 20, 2022 by,
authorized representative, acting on behalf of the
Wildflower Ranch Master Association.
�;py pef Lorrie Kurrus Notary Public, State of Texas
MY COMMISSION EXPIRES
* �* July 3,2025
NOTARY ID: 12694975-7
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT O
Rev 03/01/2022 BN
EXHIBIT "A"
INSERT LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT 11
Rev.03/01/2022 BN
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 21 .719 acre tract described as Tract 2 in a deed to
Toll Southwest LLC recorded in Document No. 2022-82068 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 for the Northwest corner of said 21 .719 acre
tract, the Southwest corner of a called 273.95 acre tract described as Tract 1 in
a deed to HT HWY 114 Land L.P. recorded in Document No. 2019-131818
(DRDCT), being in the East line of a called 345.35 acre tract descried in a deed
to The McIntyre Living Trust recorded in Document No. 2008-66046 (DRDCT) and
being in the turn of the approximate centerline of Sam Reynolds Road (variable
width right-of-way), from which a P.K. nail found with washer stamped
"GOODWIN & MARSHALL" for the Northwest corner of Tradition Central, Phase
3A.1 recorded in Document No. 2021-474 of the Plat Records of Denton County,
Texas (PRDCT) bears South 89 deg. 59 min. 01 sec. East - 1 ,606.71 feet,
THENCE South 00 deg. 21 min. 21 sec. West departing said approximate
centerline and continue along the East line of said 345.35 acre tract, the East
line of a called 15.22 acre tract described in a deed to The 1990 Betty Marie
McIntyre Irrevocable Trust recorded in Volume 2906, Page 363 (DRDCT) and the
West line of said 21 .719 acre tract, a distance of 837.01 feet to the Southwest
corner of said 21 .719 acre tract and the most westerly Northwest corner of a
called 29.108 acre tract described as Tract 1 in said deed to Toll Southwest LLC;
THENCE South 89 deg. 59 min. 01 sec. East along the North line of said 29.108
acre tract and the South line of said 21 .719 acre tract, a distance of 83.94 feet
to the TRUE POINT OF BEGINNING, said point being a Point of Curvature of a
non-tangent circular curve to the right, having a radius of 220.00 feet, a central
angle of 57 deg. 24 min. 46 sec., and being subtended by a chord which bears
North 61 deg. 18 min. 37 sec. East - 211 .34 feet;
THENCE in a northeasterly direction departing said North and South lines and
continue along said curve to the right, a distance of 220.45 feet,
2559 SW Grapevine Pkwy I Grapevine,TX 76051 1 817.329.4373 Sheet 1 of 4
GMcivil TxEng Firm # F-2944 I TxSury Firm # 10021700 September 9, 2022
Engineering&Surveying gmcivil.com 10720-DE22.dwg
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THENCE South 89 deg. 59 min. 01 sec. East tangent to said curve, a distance of
773.25 feet to the East line of said 21 .719 acre tract and the West line of said
29.108 acre tract, said point being a Point of Curvature of a non-tangent
circular curve to the left, having a radius of 525.00 feet, a central angle of 04
deg. 40 min. 45 sec., and being subtended by a chord which bears South 12
deg. 22 min. 18 sec. East - 42.86 feet;
THENCE in a southerly direction along said East and West lines and said curve to
the left, a distance of 42.87 feet to an ell corner of both tracts;
THENCE in a westerly direction along the North line of said 29.108 acre tract and
the South line of said 21 .719 acre tract the following six (6) courses;
South 37 deg. 22 min. 47 sec. West non-tangent to said curve, a distance of
12.14 feet;
North 89 deg. 59 min. 01 sec. West, a distance of 619.56 feet;
South 00 deg. 00 min. 59 sec. West, a distance of 18.49 feet,
North 89 deg. 59 min. 01 sec. West, a distance of 145.61 feet to a Point of
Curvature of a circular curve to the left, having a radius of 165.00 feet, a
central angle of 35 deg. 59 min. 59 sec., and being subtended by a chord
which bears South 72 deg. 01 min. 00 sec. West - 101 .97 feet;
Continue in a westerly direction along said curve to the left, a distance of
103.67 feet;
North 89 deg. 59 min. 01 sec. West non-tangent to said curve, a distance of
98.29 feet to the POINT OF BEGINNING, containing 54,440 square feet or
1 .250 acres of land, more or less.
Bearings are referenced to Texas State Plane Coordinate
System, North Central Zone (4202), North American Datum F
of 1983 as derived from GPS observation.
Exhibit map attached and made a part hereof. JOHN N.ROGERS
.
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2559 SW Grapevine Pkwy I Grapevine,TX 76051 1817.329.4373 Sheet 2 of 4
GMcivil TxEng Firm # F-2944 I TxSury Firm # 10021700 September 9, 2022
Engineering&Surveying gmcivil.com 10720-DE22.dwg
I CALLED 345.35ACRES CALLED 273.95ACRES, TRACT 1 o zoo
BETTYMARIEADAMS MCINTYREAND TERRYMICHAEL HT HWY 174 LAND L.P. SCALE IN FEET
MCINTYRE TRUSTEES Of THE MCINTYRE LIVING TRUST DOC. NO, 2079-737878
DOC.NO. 2008-66046 D.R.D.C.T P.K.NAIL FOUND W/WASHER
D.R.D.C.T. "GOODWIN &MARSHALL'
S 89°59'01"E 1606.71'
SAM REYNOLDS ROAD
POINT OF ,S11I�R SUK
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COMMENCING JAMES �5,I RAC' NU
P.K. NAIL FOUND AO
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.GAS PIPELINE EASEMENT NO 5 CALLED 27.779 ACRES� Lc-� rat
VOL. 5028, PG.3539 TOLL SOUTHWEST LLC 2
N I D.R.D.C.T. DOC. NO. 2022-82068
D.R.D.C.T U
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APPROX_IM_A_TE LOCATION
— — — — — — — — —J - — — Q -
J POINT OF VARIABLE WIDTH OFABSTRACT LINL+
BEGINNING DRAINAGE EASEMENT
54,440SQ). FT./1.2,j0AC.
G� L2 C2
L 1 / L6 L5 — -L4 — L3
L7 C3 TRACT I
CALLED 29.108ACRES,
TOLL SOUTHWEST LLC
DOC. NO. 2022-82068 3
D.R.D.C.T. N
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CALLED 15.22ACRES iJYL CAR NO• �14 BEARINGS ARE REFERENCED TO z
THE 7990 BETTY MARIE MCINTYRE Gtj`10A �z"rl'oC 1 \ \ ' TEXASSYSTE STATE PLANE
CENTRAL ZONATE w
IRREVOCABLE TRUST 1 (4202),NORTH AMERICAN
VOL. 2906, PG. 363 / DATUM OF 1983 AS DERIVED cD
D.R.D.C.T. FROM GPS OBSERVATION. z
EXHIBIT "A" MAP SHOWING SEE SHEET 4 FOR LINE
VARIABLE WIDTH DRAINAGE EASEMENT, AND CURVE TABLES z
w
SITUATED IN A PORTION OF THE w
GUADALUPE CARDINAS SURVEY, ABSTRACT NO. 214 w
DENTON COUNTY, TEXAS �E F F
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Job No.: 10720 Scale: 1"=200' Sheet `'.��G RFa s 0
Drafted: L.J.C. Checked: J.N.R. T UGHN N.ROGERS
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6372
Surveyed on the Ground: 4/8/2022 °FEss
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2559 SW Grapevine Pkwy.Grapevine.Texas 76051
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Revised: Revised: Date Signed: 9/9/2022
LINE TABLE
LINE # BEARING DISTANCE
L1 S89059'01"E 83.94'
L2 S89059'01"E 773.25'
L3 S37'22'47"W 12.14'
L4 N89059'01"W 619.56'
L5 S00'00'59"W 18.49'
L6 N89'59'01"W 145.61'
L7 N89a59'01"W 98.29'
CURVE TABLE
CURVE # RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH
C1 220.00' 220.45' 57'24'46" N61'18137"E 211.34'
C2 525.00' 42.87' 4040'45" S 12022'1 FE 42.86'
C3 165.00' 103.67 35°59'59" S72.01 M"W 101.97' 3
N
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w
BEARINGS ARE REFERENCED TO w
TEXAS STATE PLANE COORDINATE
w
SYSTEM,NORTH CENTRAL ZONE
(4202),NORTH AMERICAN Q
DATUM OF 1983 AS DERIVED Q
EXHIBIT "A" MAP SHOWING FROM GPS OBSERVATION.
VARIABLE WIDTH DRAINAGE EASEMENT, z
w
SITUATED IN A PORTION OF THE w
GUADALUPE CARDINAS SURVEY, ABSTRACT NO. 214 w
DENTON COUNTY, TEXAS �E F F
.�Q'•'•\s T E''r'9 0
Job No.: 10720 Scale: NONE Sheet `'.��G RFa s
Drafted: L.J.C. Checked: J.N.R. JOHN N.ROGERS
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GMcivil 6372
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Surveyed on the Ground: 4/8/2022 °FEss�`�'
Engineering & Surveying of •••. CD
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Revised: Revised: Date Signed: 9/9/2022
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 29.108 acre tract described as Tract 1 in a deed to
Toll Southwest, LLC recorded in Document No. 2022-82068 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 for the Northwest corner of a called 21 .719
acre tract described as Tract 2 in said deed to Toll Southwest, LLC, the
Southwest corner of a called 273.95 acre tract described as Tract 1 in a deed to
HT HWY 114 Land L.P. recorded in Document No. 2019-131818 (DRDCT), being in
the East line of a called 345.35 acre tract descried in a deed to The McIntyre
Living Trust recorded in Document No. 2008-66046 (DRDCT) and being in the turn
of the approximate centerline of Sam Reynolds Road (variable width
right-of-way), from which a P.K. nail found with washer stamped "GOODWIN &
MARSHALL" for the Northwest corner of Tradition Central, Phase 3A.1 recorded in
Document No. 2021-474 of the Plat Records of Denton County, Texas (PRDCT)
bears South 89 deg. 59 min. 01 sec. East - 1 ,606.71 feet;
THENCE South 00 deg. 21 min. 21 sec. West departing said approximate
centerline and continue along the East line of said 345.35 acre tract, the East
line of a called 15.22 acre tract described in a deed to The 1990 Betty Marie
McIntyre Irrevocable Trust recorded in Volume 2906, Page 363 (DRDCT) and the
West line of said 21 .719 acre tract, a distance of 837.01 feet to the Southwest
corner of said 21 .719 acre tract and the most westerly Northwest corner of said
29.108 acre tract;
THENCE South 89 deg. 59 min. 01 sec. East along the North line of said 29.108
acre tract and the South line of said 21 .719 acre tract, a distance of 50.00 feet
to the East line of a 50' gas pipeline easement recorded in Volume 5028, Page
3539 (DRDCT), said point being the TRUE POINT OF BEGINNING;
THENCE South 89 deg. 59 min. 01 sec. East departing said East line and continue
along said North and South lines, a distance of 230.46 feet;
THENCE South 00 deg. 00 min. 59 sec. West departing said North and South lines,
a distance of 57.48 feet;
THENCE South 53 deg. 17 min. 04 sec. West, a distance of 207.79 feet;
2559 SW Grapevine Pkwy I Grapevine,TX 76051 1 817.329.4373 Sheet 1 of 5
GMcivil TxEng Firm # F-2944 I TxSury Firm # 10021700 September 9, 2022
Engineering&Surveying gmcivil.com 10720-DE23.dwg
THENCE South 00 deg. 21 min. 21 sec. West, a distance of 291 .02 feet;
THENCE South 57 deg. 49 min. 01 sec. East, a distance of 175.30 feet;
THENCE North 00 deg. 22 min. 14 sec. West, a distance of 114.92 feet;
THENCE North 09 deg. 26 min. 08 sec. East, a distance of 162.16 feet to a Point of
Curvature of a non-tangent circular curve to the left, having a radius of 50.00
feet, a central angle of 46 deg. 38 min. 56 sec., and being subtended by a
chord which bears South 62 deg. 27 min. 27 sec. East - 39.59 feet;
THENCE in a southeasterly direction along said curve to the left, a distance of
40.71 feet;
THENCE South 35 deg. 33 min. 52 sec. East non-tangent to said curve, a distance
of 17.49 feet;
THENCE South 09 deg. 26 min. 08 sec. West, a distance of 133.20 feet,
THENCE South 00 deg. 22 min. 14 sec. East, a distance of 142.55 feet;
THENCE South 57 deg. 49 min. 01 sec. East, a distance of 17.80 feet,
THENCE South 00 deg. 22 min. 14 sec. East, a distance of 123.26 feet;
THENCE South 89 deg. 37 min. 46 sec. West, a distance of 65.00 feet to the East
line of said 50' gas pipeline easement;
THENCE North 00 deg. 22 min. 14 sec. West along said East line, a distance of
87.64 feet;
THENCE North 57 deg. 49 min. 01 sec. West along said East line, a distance of
252.96 feet;
THENCE North 00 deg. 21 min. 21 sec. East along said East line,
a distance of 508.55 feet to the POINT OF BEGINNING, .F F
containing 88,863 square feet or 2.040 acres of land, more or CO �� R aqs
less. ...
JOHN N.ROGERS
Bearings are referenced to Texas State Plane Coordinate ;oFss�z�P:.""
System, North Central Zone (4202), North American Datum of <9ND.Ess� oe
SURV
1983 as derived from GPS observation.
Exhibit map attached and made a part hereof. 9/9/2022
2559 SW Grapevine Pkwy I Grapevine,TX 76051 1 817.329.4373 Sheet 2 of 5
GMcivil TxEng Firm # F-2944 I TxSury Firm # 10021700 September 9, 2022
Engineering&Surveying gmcivil.com 10720-DE23.dwg
0 300
O Z O CALLED 273.95ACRES, TRACT 1
j U SCALE IN FEET
Q W O HT HWY 114 LAND L.P.
o o I POINT OF DOC. NO. 2079-737878
Q E! COMMENCING °.R.D.c.T.
P.K.NAIL W/WASHER
E� W "GOODWIN &MARSHALL"
Q �
P.K. NAIL FOUND
SAM_ _REYNOLD_S_ ROAD
m — S 89059'01" E 1606.71'
SLI JIV'L.i
SKIER � 9) I
fS �� No.
14M A��J 1iA TRACT 2
CALLED 21.779 ACRES I Q
3 TOLL SOUTHWEST, LLC
DOC. NO. 2022-82068
D.R.D.C.T.
_CD APPROXIMATE LOCATION
J J OFABSTI�4CT LINE Woo
POINT OF — Z
BEGINNING I o a
Ll SEE SHEET 4 _ _ I Q
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= Q 06 o DOC. OO.T=-82068 c�
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VARIABLE WIDTH
DRAINAGE EASEMENTAs 3
88,863 SQ. FT /2.O4OAC. \ SUR� I o
1 w
CALLED 75.22ACRES � L � L�CUNO 20CD
THE 7990 BETTY 6i1Af YjS1,� I �
MARIEMCINTYRE A �� �� 77 z
IRREVOCABLE TRUST BEARINGS ARE REFERENCED TO w
VOL. 2906, PG. 363 I TEXAS STATE PLANE COORDINATE
w
D.R.D.C.T SYSTEM,NORTH CENTRAL ZONE w
(4202),NORTH AMERICAN Q
DATUM OF 1983 AS DERIVED Q
EXHIBIT "A" MAP SHOWING FROM GPS OBSERVATION.
VARIABLE WIDTH DRAINAGE EASEMENT, z
w
SITUATED IN A PORTION OF THE w
GUADALUPE CARDINAS SURVEY, ABSTRACT NO. 214 w
DENTON COUNTY, TEXAS �E F F
�Q•' \sTE''r9 O
Job No.: 10720 Scale: 1"=300' Sheet `'.��G RFa s 0
Drafted: L.J.C. Checked: J.N.R. T JOHN N.ROGERS
_o
GMcivil 6372
a
Surveyed on the Ground: 4/8/2022 °FEss
Engineering & Surveying of
2559 SW Grapevine Pkwy.Grapevine.Texas 76051
8 7-329-4373 Date Prepared: 9/9/2022 SI JRV�`9tiQ `(� N
CD
TxEna Firrr,4 F-2944 I TxSury Firrr,#10021-00
Revised: Revised: Date Signed: 9/9/2022 w
TO P.O.C.
S00'21'21"w k. L1 S 89°59'01" E 230.46'
837.01' — —
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7
DRAINAGE EASEMENT
IT, 88,863 SQ. YJ /2040AC.
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SCALE IN FEET CALLED 29.708 ACRES
TOLL SOUTHWEST, LLC
DOC. NO. 2022-82068
N, D.R.D.C.T. 3
? �8 Cn
Cn
CALLED 15.22 ACRES w
THE 7990 BETTY `s�y SEE SHEET 5 FOR LINE a
MARIE MCINTYRE \ 6 &CURVE TABLES a
IRREVOCABLE TRUST 6s'
VOL. 2906, PG. 363 a w
D.R.D.C.T J BEARINGS ARE REFERENCED TO w
TEXAS STATE PLANE COORDINATE w
SYSTEM,NORTH CENTRAL ZONE w
L10 (4202),NORTH AMERICAN
DATUM OF 1983 AS DERIVED Q
EXHIBIT "A" MAP SHOWING FROM GPS OBSERVATION. o
VARIABLE WIDTH DRAINAGE EASEMENT, z
w
SITUATED IN A PORTION OF THE w
GUADALUPE CARDINAS SURVEY, ABSTRACT NO. 214 w
DENTON COUNTY, TEXAS �E F F
�Q•' \sTE''r9 0
Job No.: 10720 Scale: 1"=100' Sheet `'.��G RFa s
Drafted: L.J.C. Checked: J.N.R. JOHN N.ROGERS _o
GMcivil 6372
a
Surveyed on the Ground: 4/8/2022 •°FEss�`�'
Engineering & Surveying of ....
2559 SW Grapevine Pkwy.Grapevine,Texas 76051 `9tiQ SI JRV�`(� N
817-329-4373 Date Prepared: 9/9/2022 CD
TxEna Firrr,4 F-2944 I TxSury Firrr,#10021-00
Revised: Revised: Date Signed: 9/9/2022 w
LINE TABLE
LINE # BEARING DISTANCE
L 1 S89059101"E 50.00'
L2 S00'00159"W 57.48'
L3 N00022'14''W 1 14.92'
L4 N09026108''E 162.16'
L5 S35'33152"E 17.49'
L6 S09026108"W 133.20'
L7 S00'22'14"E 142.55'
L8 S57'49101"E 17.80'
L9 S00022'14"E 123.26'
L10 S89'37146"W 65.00'
L11 N00'22'14''W 87.64'
CURVE TABLE
CURVE # RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH
C1 50.00, 40.71' 46038'56'' S62027'27"E 39.59'
z�
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BEARINGS ARE REFERENCED TO w
TEXAS STATE PLANE COORDINATE
w
SYSTEM,NORTH CENTRAL ZONE
(4202),NORTH AMERICAN Q
DATUM OF 1983 AS DERIVED Q
EXHIBIT "A" MAP SHOWING FROM GPS OBSERVATION.
VARIABLE WIDTH DRAINAGE EASEMENT, z
w
SITUATED IN A PORTION OF THE w
GUADALUPE CARDINAS SURVEY, ABSTRACT NO. 214 w
DENTON COUNTY, TEXAS �E F F
.�Q'•'•\s T E''r'9 0
Job No.: 10720 Scale: NONE Sheet `'.��G RFa s
Drafted: L.J.C. Checked: J.N.R. 5J JOHN N.ROGERS _o
GMcivil 6372
a
Surveyed on the Ground: 4/8/2022 °FEss�`�'
Engineering & Surveying of •••. CD
2559 SW Grapevine Pkwy.Grapevine.Texas 76051 `9tiQ S1 JRV�`(0 N
817-329-4373 Date Prepared: 9/9/2022 a
TxEna Firrr,4 F-2944 I TxSury Firrr,#10021-00
Revised: Revised: Date Signed: 9/9/2022 w
EXHIBIT "A"
LEGAL DESCRIPTION FOR
60' 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 29.108 acre tract described as Tract 1 in a deed to
Toll Southwest recorded in Document No. 2022-82068 of the Deed Records of
Denton County, Texas (DRDCT), and being more completely described as
follows, to-wit:
COMMENCING at a 1 /2" capped iron rod found stamped "GOODWIN &
MARSHALL", hereinafter referred to as 1 /2" capped iron rod found, for the most
northerly Northwest corner of a called 383.83 acre tract described in a deed to
HT HWY 114 Land 2 L.P. recorded in Document No. 2020-37541 (DRDCT), an ell
corner in the Southwest line of said 29.108 acre tract and being in the East line of
a called 15.22 acre tract described in a deed to the 1990 Betty Marie McIntyre
Irrevocable Trust recorded in Volume 2906, Page 363 (DRDCT);
THENCE South 86 deg. 14 min. 27 sec. East departing said East line and continue
along the Northeast line of said 383.83 acre tract and the Southwest line of said
29.108 acre tract, a distance of 222.13 feet to a 1/2" capped iron rod found for a
PI in the Northeast line of said 383.83 acre tract and being a PI in the Southwest
line of said 29.108 acre tract, from which a 1/2" capped iron rod found for the
Southwest corner of Tradition Central, Phase 3A.1 recorded in Document No.
2021-474 of the Plat Records of Denton County, Texas (PRDCT) bears South 52
deg. 34 min. 22 sec. East - 141 .34 feet;
THENCE North 41 deg. 23 min. 02 sec. East departing said Northeast and
Southwest lines, a distance of 11 .67 feet to the TRUE POINT OF BEGINNING;
THENCE North 23 deg. 00 min. 31 sec. East, a distance of 182.67 feet,
THENCE North 26 deg. 45 min. 52 sec. East, a distance of 147.80 feet;
THENCE North 76 deg. 01 min. 23 sec. East, a distance of 14.42 feet to a Point of
Curvature of a non-tangent circular curve to the left, having a radius of 50.00
feet, a central angle of 62 deg. 1 1 min. 26 sec., and being subtended by a
chord which bears South 45 deg. 04 min. 56 sec. East - 51 .65 feet;
THENCE in a southeasterly direction along said curve to the left, a distance of
54.27 feet;
2559 SW Grapevine Pkwy I Grapevine,TX 76051 1 817.329.4373 Sheet 1 of 3
GMcivil TxEng Firm # F-2944 I TxSury Firm # 10021700 September 9, 2022
Engineering&Surveying gmcivil.com 10720-DE24.dwg
0
THENCE South 26 deg. 45 min. 52 sec. West non-tangent to said curve, a
distance of 139.15 feet;
THENCE South 23 deg. 00 min. 31 sec. West, a distance of 180.70 feet;
THENCE North 66 deg. 59 min. 29 sec. West, a distance of 60.00 feet to the POINT
OF BEGINNING, containing 19,577 square feet or 0.449 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.
F•.�I
JOHN N.ROGERS
' .P.:. .
6372
ox,
<qNQ SURV
9/9/2022
2559 SW Grapevine Pkwy Grapevine,TX 76051 817.329.4373 Sheet 2 of 3
GMcivil TxEng Firm # F-2944 I TxSury Firm # 10021700 September 9, 2022
Engineering&Surveying gmcivil.com 10720-DE24.dwg
CURVE TABLE
CURVE # RADIUS ARC LENGTH DELTA ANGLE CHORD BEARING CHORD LENGTH
C1 50.00' 54.27' 62'11'26" S45°04'56"E 51.65'
0 100 LINE TABLE FUTURIE
uIRIADMOMC E TR-kLa
SCALE INFEET LINE # BEARING DISTANCE 7�����7- �;�o2
TRACT 1 /
CALLED 29.108 ACRES L 1 N41°23'02"E 1 1.67'
TOLL SOUTHWEST LLC
DOC. NO. 2022-82068 L2 N76-01'23"E 14.42'
D.R.D.C.T. L2 /
L3 N66°59'29"W 60.00'
NAS SUR1'L}'
I?pE CA��1. Cd h
\ C40
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\ 60'DRAINAGE EASEMENT = obi o�*
19,577 SQ. I7:/0.449 AG:
50'SOUTHWESTERN ,
GAS PIPELINE I POINT OF �Nopp
EASEMENT NO. 5 I 03
BEGINNING ^`� o^O /
VOL.5028, PG.3539 = 00 p• /
D.R.D.C.T.
S 86°14'27"E 222.13, 11
1/21'C.I.R.F.
POINT OF "GOODWIN & ss / ��
COMMENCING I MARSHALL" ,2°3 �°4'
1/2''C.I.R.F. I I ����2,F o
"GOODWIN & MARSHALL" CALLED 383.83 ACRES, ��P w
HT HWY 114 LAND 2 L.P. 1/2"C.I.R.F. o
CALLED 15.22ACRES I DOC. NO. 2020-37547 "GOODWIN &
7
THE 1990 BETTY MARIE MCINTYRE D.R.D.C.T. MARSHALL' BEARINGS ARE REFERENCED TO
IRREVOCABLE TRUST I TEXAS STATE PLANE COORDINATE
VOL. 2906, PG. 363 I SYSTEM,NORTH CENTRAL ZONE w
D.R.D.C.r (4202),NORTH AMERICAN
DATUM OF 1983 AS DERIVED Q
FROM GPS OBSERVATION. a
EXHIBIT "A" MAP SHOWING o
60' DRAINAGE EASEMENT, z
w
SITUATED IN A PORTION OF THE w
GUADALUPE CARDINAS SURVEY, ABSTRACT NO. 214 w
DENTON COUNTY, TEXAS �E F F
O
�Q•' \sTE''r9
Job No.: 10720 Scale: 1"=100' Sheet `'.��G RFa s 0
Drafted: J.A.V. Checked: J.N.R. T JOHN N.ROGERS _o
GMcivil 6372
a
Surveyed on the Ground: 4/8/2022 •°FEss�`�•
Engineering & Surveying of ••.
2559 SW Grapevine Pkwy.Grapevine,Texas 76051 `9tiQ S1 JRV�`(� N
CD
817-329-4373 Date Prepared: 9/9/2022 CD
Txe,a Fo-r.,4 F-2944 I Txsary Firr.,s i0021-00
Revised: Revised: Date Signed: 9/9/2022 w
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
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Exhibit "C"
CITY OF FORT WORTH STORMWATER 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.
STORMWATER 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
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