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HomeMy WebLinkAboutContract 58315 Date Received: 10/26/2022 Permit No.: SWFMA-21-0058 Time Received: 2:49 pm City Secretary No.: 58315 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 25th day of October 2022, by and between Blazing Trail, LP, a Texas limited partnership, hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City". WITNES SETH WHEREAS, the Landowner is the owner of a tract of land lying in the Mary Johnson Survey, Abstract Number 858, the William Baker Survey, Abstract Number 145 and the Seburn Gilmore Survey, Abstract Number 590, City of Fort Worth, Tarrant County, Texas, being a portion of a tract of land described by deed to Blazing Trail, LP, as recorded in Document Number D199046291, and being more particularly described on Exhibit"E" attached hereto 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 Blazing Trail Addition, 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 Stormwater Management Facilities be constructed and maintained on a portion of the Property; and WHEREAS, the City requires that on-site Stormwater Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT Rev.03/01/2022 BN CITY SECRETARY FT. WORTH, TX Landowner, its successors 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 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, 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 2 Rev.03/01/2022 BN 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, 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, 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 of written notice thereof in accordance with paragraph 9 below 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 STORMWATER FACILITY MAINTENANCE AGREEMENT 3 Rev.03/01/2022 BN 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 ABOVE 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 TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner 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 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, 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 owner's association. 9. All notices required or permitted under this Agreement may be given to a party by hand delivery or by mail, addressed to the City or Landowner at the addresses listed below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid. Upon a change in ownership of the Property, the Landowner shall be STORMWATER FACILITY MAINTENANCE AGREEMENT 4 Rev.03/01/2022 BN responsible for providing the City with written notice of such new landowner's address for notices pursuant to this Agreement. If such notice is not provided to City, the City will not be subject to the notice provisions herein related to the new landowner. TO OWNER: Blazing Trail, L.P. 5300 Camp Bowie Boulevard Fort Worth, Texas 76107 Attn: D. Randall Stepp Email:rstepp I gmac.com; eschaefergsteppinvestments.com WITH A COPY TO: RLP III Blazing Trail Phase I, LLC and RLP III Blazing Trail Phase II, LLC c/o US RE Company, LLC 9830 Colonnade Blvd., Suite 600 San Antonio, Texas 78230 Attn: Lange Allen Email: lange.alien@usrealco.com; michael.boyd@usrealco.com notice@usnotice@usrealco.comrealco.com noticegusrealco.com WITH COPY TO: TO CITY: City of Fort Worth Attn: Development Services Department 200 Texas Street Fort Worth, Texas 76102 [REMAINDER OF THIS PAGE TO REMAIN BLANK] STORMWATER FACILITY MAINTENANCE AGREEMENT 5 Rev.03/01/2022 BN Executed this 25th day of October 2022 CITY OF FORT WORTH LANDOWNER �. Blazing Trail, L.P DJ Harrell(Oct 25,202209:27 CDT) (on behalf of) a Texas limited partnership Dana Burghdoff Assistant City Manager By: 2020 Blazing Trail GP, LLC, City of Fort Worth a Texas limited liability cnmpany Date. Oct 25, 2022 its Ge' e 1 Partner I 0 [N D. Randall Step, Manager Approved as to Form and Legality: Date: lo1(/ 2oz2 Thomas Royce Hansen, Assistant City Attorney II City Attorney's Office Date: Oct 24, 2022 T ICY 00000000.4� io ATTEST: /moo° °00 O.vo °_� 0 ° ,�S c�rNx7�CG *o° °o* �� CDT) da °°°°°°°°°° a Contract Compliance Manager: Jannette S. Goodall 1�4*X jxl o City Secretary By signing, I acknowledge that I am the Oct 25, 2022 person responsible for the monitoring Date. and administration of this contract, including ensuring all performance and reporting requirements. Aga 71-Z10,V 62G96Lg4 Matt Tillyon behPl Y(Oct24,202214:0 CD Janie Scarlett Morales Development Manager Date: Oct 24, 2022 OFFICIAL RECORD STORMWATER FACILITY MAINTENANCE AGREEMENT CITY SECRETARY Rev 0310112022 BN FT. WORTH, TX STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Oct. 25,2022 by DJ Harrell of the City of Fort Worth, on behalf of the City of Fort Worth. 'Director of Developmen Services Department Dig Biehson Nguyen o,p.RY I'(ie/ BICH SON THI NGUYEN N Date:2022.10.2509:52:46 Nguyen z Notary Public g y -05'00' * + STATE OF TEXAS NP Notary I.D. 133389224 Notary Public, State Of Texas 9�FOF My Comm.Exp.Oct. 13,2025 STATE OF If s § COUNTY OF I C)Y✓y►In _ BEFORE ME, the undersigned authority, a Notary Public in and for the State of CM S - on this day personally appeared �G Y,ku 11 CA, p p (name), MCI 1"rja)-Q r (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 I G 21 Y1Qi 1 r ct I j i LP (entity), a kG 5 �11''� o✓S�\I�0 (entity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of Qt-0191 ✓ 200� . V f VYLLWN A.GOODWIN Notary Public, State of 110W}I&C-STAIEOFM M 10t 1 3Zeze4g-8 `�oFfi COME.EXP.08-17-2024 . +r••s.frMnrf OFFICIAL RECORD CITY SECRETARY STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX Rev.03/01/2022 BN EXHIBIT "A" INSERT LEGAL DESCRIPTION STORMWATER FACILITY MAINTENANCE AGREEMENT 8 Rev.03/01/2022 BN EXHIBIT A Stormwater Facilities Maintenance Agreement Blazing Trail, L.P. 113,373 Square Feet or 2.603 Acres City of Fort Worth,Tarrant County,Texas BEING a tract of land situated within the Mary Johnson Survey,Abstract Number 858,City of Fort Worth,Tarrant County,Texas and being a portion of a tract of land as described by deed to Blazing Trail, L.P.,as recorded in Document Number D199046291, Deed Records,Tarrant County,Texas (D.R.T.C.T.) and being more particularly described by metes and bounds as follows: (Bearings referenced to U.S.State Plane Grid 1983-Texas North Central Zone (4202) NAD83 as established using the AIITerra RTKNet Cooperative Network. Reference frame is NAD83(2011) Epoch 2010.0000. Distances shown are U.S.Survey feet displayed in surface values) COMMENCING at a found 5/8-inch capped iron rod marked "BHB INC" (CIRF)for the southwest corner of Lot 1, Block 1,Stepp Business Park,an addition to the City of Fort Worth,Tarrant County Texas,as recorded in Cabinet B,Slide 1767, Plat Records, Tarrant County,Texas, same being the most westerly corner of the said Blazing Trail tract; THENCE South 69'00'19" East,over and across the said Blazing Trail tract,a distance of 1875.03 feet to the POINT OF BEGINNING of the hereon described tract; THENCE continuing over and across the said Blazing Trail tract the following courses and distances: North 54'40'54" East,a distance of 92.37 feet to a point; South 80°46'27" East,a distance of 418.79 feet to a point; South 09'13'33"West,a distance of 306.26 feet to a point; North 80'46'02"West,a distance of 32.49 feet to a point; South 09°13'58"West,a distance of 15.00 feet to a paint in the common line between the said Blazing Trail tract and the north line of the future Mark IV Parkway; THENCE with the said common line the following courses and distances: North 80'46'02"West,a distance of 23.95 feet to a CIRF; along a curve to the right having a central angle of 00°07'53", a radius of 470.00 feet, an arc length of 1.08 feet and a chord which bears North 80'42'06"West,a distance of 1.08 feet to a point; THENCE departing the said common line and over and across the said Blazing Trail tract the following courses and distances: North 09'16'36" East,a distance of 15.00 feet to a point; along a curve to the right having a central angle of 45'18'53", a radius of 455.00 feet, an arc length of 359.86 feet and a chord which bears North 57'58'32"West, a distance of 350.55 feet to a point from which a found 5/8" iron rod with a 3-1/4"aluminum cap marked TXDOT for the southeasternmost corner of the aforementioned Blazing trail tract bears South 22'25'07" East,a distance of 792.28 feet; North 35'19'06"West,a distance of 148.20 feet to the POINT OF BEGINNING and CONTAINING 113,373 square feet or 2.603 acre of land more or less. SURVEYOR'S CERTIFICATION I, Robert A. Lee, a Registered Professional Land Surveyor licensed in the State of Texas, do hereby declare that this survey is true and correct and was prepared from an actual survey made under my supervision on the ground. Further, this survey conforms to the general rules of procedures and practices of the most current Texas Engineering and Land Surveying Practice Acts and Rules Concerning Practice and Licensure. �E OF TF FR�0 '9�' Robert A. Lee _ Robert A. Lee °Q 6895 State of Texas Registered Professional Land Surveyor �FESs�o� a . B No. 6895SURv�OQ BAIRD,HAMPTON&BROWN Date: August 10, 2022 engineering and surveying 6300 Ridglea Place,Suite 700 Fort Worth,TX 76116 dee@bhbinc.com•817.338.1277•bhbinc.com TBPELS Firm#44,#10011300 Drawing: E:\Survey20\l14 Blazing Troil\000\Dwg\EASEMENT EXHIBITS\BLAZING TRAIL LP DETENTION ESMT.dwg U) E x Q s o r- m o in o oN Lno C Ln M c ri ri On ni s 0 Ln W ° N O 7 a) 00 a) m r� ,� V m • N a m 'vi v Ji i U v w r UN no w Q"— ._ }- i OA = o -zt v7--1 TO f LLQ6 P•5��p N: >y2 0�:p�ai L ~ u O O O 00 O m O m ry e0 .c �i ) E .<C/ lU 7 m u ~ ii H v o a a a O ti a �� Q) o� 0.�AK 0 ;' co .� a) Go n z 00 0 00 z m s oo Ln U) ° i c9 N• k WE cNo `O z z z z z � ° ° c°i �6 o. Qe� Q? m s4t - ° o (6 M L J J J J Ln J J N O U c J a) J W ° U - a) c M U- p m a)-° Oi U N M � V Q -i m C a) 0 7 O Z3 > a� +' �o o c °c U d � C O U O �.lbM _d0 _1 om ° +�+ m N C a) i_O U J 3'l 8 n d H 1 01 a N :,2 o � 11 4H 7/bb11�1Sd�1N// 3j8t/IZIb/I y ,� a� E ow 1 7a/dr ) w u u z 0 a C'C o nd u C) > s 19 Z'g� LL Q � .�m o� �_U_ o � N to cli bps O-O F O,O 0) N LL w ��T J Q U m J J �, ics � a) o t o ° ro x a, J� �m -�IO -,T E Q o�Q Q O)H QO /Y� J LL O a O ° c c N a) N zoo �O � U LL U czJl�� o °w� �°inzo° N Z N I a) / � � �� SOU rCD, -- U CD m o C7 o w o N U Q^> 3 a / m 0 O a / c 00 Cl) �O Z z 0 CO z Z U N �k / ^Y co z J CV Q (1) w 15gl U)o° z ° o N O S22 S� O �? 'N 3 c ° � � oaD a ^ 0QE�o d' C) c N m z / a� O Cl) 0 O D U U 00 M•.. /// -OLO +TC' O � UCU mW O X Oi ° v/ O w mU � d b O w Z ° i tmxo I ® L L m U O U J Z �'O wm QW � U U O N 0 O T w C W •m m Q U O O C° OTC .0 Z m O O 3� d w (n W `� wl O x n a)O / �wm� � V / ° L o, co c� m � a� zcvo 0 z— ° c ° i �� a ~ E~ Q 0 U Z r o O m m / U a CO 0) U-U C x c m O i J O_Li Q / U mU U I O m -c 0+ �U `� L) N U ix •� :E U) A' O C O O a) �° an d 7 O LL / 0-1LC) ~ O N o m 00 0 .0.0+ Q LVU / n a) O O ° �° X „ Q oMv / W W I-. ° m'm �0 adi a U) � O Li0 U = mO z� :H 0 Z —U m ;U � � W m O c c °CD X �mU Q rl W m a)O O X O o 0 EXHIBIT A Drainage Easement Blazing Trail, L.P. 400,531 Square Feet or 9.195 Acres City of Fort Worth, Tarrant County, Texas BEING a tract of land situated within the Mary Johnson Survey,Abstract Number 858 and the William Baker Survey,Abstract Number 145,and the S. Gilmore Survey,Abstract Number 590,City of Fort Worth,Tarrant County,Texas and being a portion of a tract of land as described by deed to Blazing Trail, L.P., as recorded in Document Number D199046291, Deed Records,Tarrant County,Texas (D.R.T.C.T.)and being more particularly described by metes and bounds as follows: (Bearings referenced to U.S. State Plane Grid 1983-Texas North Central Zone (4202) NAD83 as established using the AIITerra RTKNet Cooperative Network. Reference frame is NAD83(2011) Epoch 2010.0000. Distances shown are U.S. Survey feet displayed in surface values) BEGINNING at a point in the common line between the said Blazing Trail tract and a tract of land described by deed to Texas Electric Service Company as recorded in Volume 1979, Page 15, D.R.T.C.T.from which a found 5/8-inch capped iron rod marked "BHB INC" (CIRF)for the southwest corner of Lot 1, Block a,Stepp Business Park, an addition to the City of Fort Worth,Tarrant County Texas,as recorded in Cabinet B,Slide 1767, Plat Records,Tarrant County,Texas, bears North 35°19'06"West, a distance of 2018.21 feet; THENCE departing the said common line and over and across the said Blazing Trail tract the following courses and distances: North 63'17'47" East, a distance of 315.00 feet; North 54°17'47" East, a distance of 500.00 feet; North 31'17'47" East, a distance of 240.47 feet to a point in the common line between the said Blazing Trail tract and the south right-of-way line of a future road (60-foot right-of-way); THENCE with the said common line the following courses and distances: along a curve to the left having a central angle of 16°17'35",a radius of 530.00 feet,an arc length of 150.71 feet and a chord which bears South 72'37'15" East,a distance of 150.21 feet to a CIRF; South 80'46'02" East,a distance of 81.45 feet to a CIRF for the northern corner of a corner clip located at the southwest corner of the intersection of the said future road and the west right-of-way line of Interstate 35W"Purple Heart Trail" (a variable width right-of-way) THENCE South 35'46'15" East,continuing with the said common line a distance of 14.14 feet to a CIRF for the southern corner of the said corner clip; THENCE South 09'13'33"West,with the common line between the said Blazing Trail tract and the said west right-of-way line of Interstate 35W, a distance of 453.64 feet to a found 4-inch brass disk marked "TEXAS DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY" in concrete (TXDOT)for the southeast corner of the said Blazing Trail tract and being in the northeast corner of a tract of land as described by deed to Union Pacific Railroad Company as recorded in Volume 16413, Page 190, D.R.T.C.T.,from which a found 5/8-inch yellow capped iron rod (YCIRF) bears North 58'03'22" East,a distance of 35.04 feet; a B BAIRD,HAMPTON&BROWN engineering and surveying 6300 Ridglea Place,Suite 700 Fort Worth,TX 76116 jmargotta@bhbinc.com•817.338.1277•bhbinc.com TBPELS Firm 444,#10011300 S H 1 0 F 3 Drawing: E:\Survey20\l14 Blazing Trail\000\Dwg\EASEMENT EXHIBITS\BLAZING TRAIL LP DRAINAGE ESMT.dwg EXHIBIT A Drainage Easement Blazing Trail, L.P. 400,531 Square Feet or 9.195 Acres City of Fort Worth,Tarrant County,Texas THENCE with the common line between the said Blazing Trail tract and the said Union Pacific Railroad Company tract the following courses and distances: South 63'17'47"West,a distance of 456.70 feet to a CIRF; South 88'52'05"West,a distance of 99.71 feet to a CIRF; South 00°21'05"West,a distance of 50.63 feet to a YCIRF; South 63°17'47"West,a distance of 302.99 feet to a YCIRF for the northeast corner of the said Union Pacific Railroad Company tract, same being the northeast corner of a tract of land as described by deed to Union Pacific Railroad Company as recorded in Volume 16413, Page 186, D.R.T.C.T.,same being the southeast corner of the aforementioned Texas Electric Service Company tract and being the southwest corner of the aforementioned Union Pacific Railroad Company tract as recorded in Volume 16413, Page 190; THENCE North 35'19'06"West,with the common line between the said Blazing Trail tract and the said Texas Electric Service Company tract, a distance of 333.77 feet to the POINT OF BEGINNING and CONTAINING 400,531 square feet or 9.195 acre of land more or less. SURVEYOR'S CERTIFICATION I,John G. Margotta, a Registered Professional Land Surveyor licensed in the State of Texas,do hereby declare that this survey is true and correct and was prepared from an actual survey made under my supervision on the ground. Further,this survey conforms to the general rules of procedures and practices of the most current Texas Engineering and Land Surveying Practice Acts and Rules Concerning Practice and Licensure. Ee0 F R�'� \STE �o y e � e eeeeeeeeeeeeeeeeeeeeeee JOHN G. MARGOTTA 00000000000000000000000 O O a-o 5956 -- - — O ,Q Pam.O ah G. Margotta �9,yD S;S().-e State of Texas Registered Professional Land Surveyor U R No. 5956 Date:August 16, 2021 a B BAIRD,HAMPTON&BROWN engineering and surveying 6300 Ridglea Place,Suite 700 Fort Worth,TX 76116 jmargotta@bhbinc.com•817.338.1277•bhbinc.com TBPELS Firm 444,#10011300 S H 2 OF 3 Drawing: E:\Survey20\l14 Blazing Troil\000\Dwg\EASEMENT EXHIBITS\BLAZING TRAIL LP DRAINAGE ESMT.dwg U M r ° ° o LL o M N U) O N D m o lAdM-3Q-1H8 �O� 6� W -C LnV o o m U.v CD Po°Om 'a �IlBnd � 2 Q� H101M 378d1by^ d) N m w o a` On �}�vO a O H 1 � � E °� m � mco °a 7/ybl S'd�l/V�� N Q � a L a 'imp ° Q ° cnm� m � m m m �7C� /� o o N ° a Omtn o m " W"(� M cd LO Q � o��° � LI) 0 C7 0 oQ p oC Ln �I Z LL L (� �� C v 7 Oi•U N 111 m m v I 1 •�C� + 0 0 u J } aDi cn Ua' ¢ o C) c > J I ►►FE, m 0 p o� oc o 0 bps z l o a _ a U) O a o o c N m O ~ J Lr1 O N•°.co N O -O J O i m o J W o N Q o ° a J O U� o a m IL O Q <O� ti �t> E o v k z a O a c L a� Q�l' �cy �• �C'n Q Uao � �u' i a� O ,(� U"O N N � v� A ^ O F 6 p Q) W �O �O V LLJ�O�TOJ a� Q• O ,> oc U o o� iLc: Q O 2O U 6q (Jl g-00 ° o a Ln c Q �� m" o� o ax z a +, Q1 7 o m.c Lo o, m J 4' d J �� >Lj o � a o�.� c c n O O d� x c a,o 4J O— mLL U .�iSl a� c o c.� H 't6 � L S, ���d U1—H o °wJ zo =ra ul bA ~ '�� U \ z N r X •E OA Q N (a L L r� Ol W m � U c CD m o N o+ Q J 2 J N W c-I m Ln 0 i o o ro �M LL Q CD Ln Q 0) �' a_ p O Q_U � o 0 0 a o ? (D y O ``NCD v v � N z }' Z U O• VV__ U CD J 0 m 0m m 00 m a o U Q ^ `O� z n , n , V Q J U -J Q C) a m Q� O > c-I N rn J - Ln w J - m,9 `� �' '1 z J o Z 0 j �\ D to -D V L D : S -�Na C9 m x ^mm w �wmLL ��9 ��1 0 m v c z o � � 0 Q a� o D U c c- Z in wn O Q O =O c IY 0 N Y- O D - 0 U + N Q o O 0 O L O 3 In ON m U 0_0 0- ~ W W O O c CD L o 0 C c _ TX N ui O � O N C) -O O co 0 } N� O( Z �` c o �y O 0 s Z C N 9 O�QP �v U � � � C) DNa� � � _ tiS L y� C C C c. Of !!�� G Z� C� 0m N L CION 0�� - L m ad m N 0 c\0 Lc) C Dim O Z " LL n# Lnm p o Lo o c o �z W a m =r N W U G — O �'11I`AP5��Qom. O p a LDL L� N �� OZ N L O -0 ZL� Q cau O -Y � � _J 0 o O N 0 nm nUu iNai LLJ 11 II J U L !r O N.W Li 0 a m WQ � O O' O OUo O Q-C3 ma a' YOU J�� C) m � NU o3 , Z cn > o EXHIBIT A Stormwater Facilities Maintenance Agreement Temporary Easement Blazing Trail, L.P. 27,332 Square Feet or 0.627 Acres City of Fort Worth, Tarrant County, Texas BEING a tract of land situated within the William Baker Survey,Abstract Number 145,City of Fort Worth,Tarrant County,Texas and being a portion of a tract of land as described by deed to Blazing Trail, L.P.,as recorded in Document Number D199046291, Deed Records,Tarrant County,Texas(D.R.T.C.T.)and being more particularly described by metes and bounds as follows: (Bearings referenced to U.S.State Plane Grid 1983-Texas North Central Zone (4202) NAD83 as established using the AIITerra RTKNet Cooperative Network. Reference frame is NAD83(2011) Epoch 2010.0000. Distances shown are U.S.Survey feet displayed in surface values) BEGINNING at a point from which a found 5/8-inch capped iron rod marked "BHB INC" (CIRF)for the southwest corner of Lot 1, Block a,Stepp Business Park,an addition to the City of Fort Worth,Tarrant County Texas,as recorded in Cabinet B,Slide 1767, Plat Records,Tarrant County,Texas, bears North 36°29'08"West, a distance of 1569.68 feet; THENCE over and across the said Blazing Trail tract the following courses and distances: North 56'21'46" East,a distance of 60.00 feet; South 33°38'14" East, a distance of 459.18 feet; South 63°17'47"West, a distance of 60.44 feet to a point in the common line between the aforementioned Blazing Trail tract and a tract of land described by deed to Texas Electric Service Company as recorded in Volume 1979, Page 15, D.R.T.C.T.from which point a found 5/8-inch yellow capped iron rod for the southwest corner of the said Blazing Trail tract bears South 35°19'06" East, a distance of 333.77 feet; THENCE North 33'38'14"West,a distance of 451.89 feet to the POINT OF BEGINNING and CONTAINING 27,332 square feet or 0.627 acre of land more or less. SURVEYOR'S CERTIFICATION I,John G. Margotta,a Registered Professional Land Surveyor licensed in the State of Texas, do hereby declare that this survey is true and correct and was prepared from an actual survey made under my supervision on the ground. Further,this survey conforms to the general rules of procedures and practices of the most current Texas Engineering and Land Surveying Practice Acts and Rules Concerning Practice and Licensure. �P�Ee0 F RFC eat eeeeeeeeeeeeeeeeeeeeeeee 6ohn'G. Margotta JOHN G. MARGOTTA State of Texas Registered Professional Land Surveyor ....................... No.5956 °A 5956 QF peg 0 'O Date:August 16,2021 9�0......... 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Worth, TX 76116 5300 CAMP BOWIE BLVD FORT WORTH, TX 76107 mailObhbinc.com 817-338-1277 www.bhbinc.com BHB Project #2020.114.000 TBPE Firm F-44 TBPLS Firm 10011300 TELE: 214-334-4811 M1EEC 10 E PINES POCNE % MDSPECIME Nc PER EIRNEOIN SEOIMI MEE PIMP 70 RE FINNED ERR A OWN 'SCOOP FEES FROM ROD WIMP MD ROCK IIDEOM YY M NONE OFF SVY Nu DE DYODEL MILL IPS CONDO MOPE 1E Olt NNII. of PAWNS MONO 1E 1R NO WYE 1E EINO PEED POI E CO/ROED D FEIE. NI OWL E NAND M NCH A INNER N EL REIN? N A LWOW r PAPER. CONCRETE SPILLWAY (NOT TO SCALE) OWNED/DEVELOPED BY: 51.50' EMERGENCY SPILLWA'.' I gq�EL� FL 627.20 gale jkP _ E1 126.20 rn / BLAZING TRAIL • 08/10/2022 DEVELOPMENT EXHIBIT B- SPILLWAY & OUTFALL EXHIBIT 635 OUTLET PIPE PROFILE _PRCP0' ED Vrw JIM MAIM Iv11•ran •, V 630 cCT-,AG r .GROU dD f✓ )1% L , • 625 620 619 9+00 9+50 10+00 10+50 °^eD CWIL 2 461 7 11+00 11+50 12+00 12+50 a - . BAIRD, HAMPTON & BROWN OWNED/DEVELOPED BY: ENGINEERING & SURVEYING BLAZING TRAIL, LP 6300 Ridglea Place, Ste. 700, Ft. Worth, TX 76116 5300 CAMP BOWIE BLVD FORT WORTH, TX 76107 mailObhbinc.com 817-338-1277 www.bhbinc.com BHB Project #2020.114.000 TBPE Firm F-44 TBPLS Firm 10011300 TELE: 214-334-4811 7 13+00 r )feu Pe4D IUT\7 eeNVOL 26.: 3 _1 111 13+50 14+00 14+50 BLAZING TRAIL DEVELOPMENT 'Iv1X W tL.6'9.'0 EXHIBIT B-OUTLET PIPE 635 • - 630 625 620 619 15+00 15+50 16+00 08/10/2022 PROFILE EXHIBIT 100 0 200 GRAPHIC . " = 200 Feet NOTE: NO SAVED OR PROPOSED TREES ARE WITHIN THE MAINTAINED AREA SILT FENCE 12sr\it ROCK CHECK DAM AT OUTLET DETENTION POND TO BE USED FOR TEMPORARY SEDIMENTATION BASIN INLET PROTECTION DETENTION POND TO BE USED FOR TEMPORARY SEDIMENTATION BASIN e . BAIRD, HAMPTON & BROWN = ENGINEERING & SURVEYING BLAZING TRAIL, LP 6300 Ridglea Place, Ste. 700, Ft. Worth, TX 76116 5300 CAMP BOWIE BLVD FORT WORTH, TX 76107 mailObhbinc.com 817-338-1277 www.bhbinc.com BHB Project #2020.114.000 TBPE Firm F-44 TBPLS Firm 10011300 TELE: 214-334-4811 rV4J•••••.. INLET PROTECTION --- POND B1 ROCK CHECK DAM ROCK CHECK DAM INLET PROTECTION ROCK CHECK DAM POND B4 OWNED/DEVELOPED BY: BLAZING TRAIL DEVELOPMENT J I �: 08/15/2022 EXHIBIT B-EROSION CONTROL EXHIBIT 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 Rev. 11/19/2020 JLE 10 FORT WORTH Facility Name: Exhibit D INSPECTION CHECKLIST FOR SIMPLE DETENTION BASIN Blazing Trail Development Basin/Pond Number: Pond B1 Inspected By: Fort Worth oVtL Stormwater Management Facility Agreement Number: SWFMA-21-0058 Date: Type of Inspection: Annual , Quarterly , Monthly , Routine , or Storm Event , (# days since event Basin Conditions: 1. Is there standing water or wet spots? Yes No Comments 2. Does sides or bottom show signs of erosion, settling, cracking, etc? Yes No Comments 3. Does dam or emergency spillway show signs of erosion, settling, cracking, or other problems? Yes No Comments 4. Is there evidence of animal burrowing in dam? Yes No Comments 5. Is there evidence of changes in shape or volume of basin? Yes No Comments 6. Do vegetated areas need mowing? Yes No Comments 7. Are there trees or woody growth in dam? Yes No Comments 8. Are there areas that need to be re -vegetated? Yes No Comments 9. Is there any accumulation of silt, trash, debris or litter in the basin? Yes No Comments 10. Are there any other basin maintenance activities needed? Yes No Comments Structural Components: 1. Are pipes, channels, trash racks, etc. free of obstructions? Yes No Comments 2. Are pipes, spillway or trash racks in need of repair? Yes No Comments 3. Is the low flow or trickle channel in need of repair? Yes No Comments 4. Is the outfall channel in need of repair? Yes No Comments 5. Are there any other structural maintenance activities needed? Yes No Comments Plan for correcting deficiencies: Signature: Owner's Representative Date: Form CFW-6 CFW- SEPTEMBER 2015 Appendix A A-17 FORT WORTH Facility Name: Exhibit D INSPECTION CHECKLIST FOR SIMPLE DETENTION BASIN Blazing Trail Development Fort Worth oVtL Stormwater Management Facility Agreement Number: SWFMA-21-0058 Basin/Pond Number: Pond B4 Inspected By: Date: Type of Inspection: Annual , Quarterly , Monthly , Routine , or Storm Event , (# days since event Basin Conditions: 1. Is there standing water or wet spots? Yes No Comments 2. Does sides or bottom show signs of erosion, settling, cracking, etc? Yes No Comments 3. Does dam or emergency spillway show signs of erosion, settling, cracking, or other problems? Yes No Comments 4. Is there evidence of animal burrowing in dam? Yes No Comments 5. Is there evidence of changes in shape or volume of basin? Yes No Comments 6. Do vegetated areas need mowing? Yes No Comments 7. Are there trees or woody growth in dam? Yes No Comments 8. Are there areas that need to be re -vegetated? Yes No Comments 9. Is there any accumulation of silt, trash, debris or litter in the basin? Yes No Comments 10. Are there any other basin maintenance activities needed? Yes No Comments Structural Components: 1. Are pipes, channels, trash racks, etc. free of obstructions? Yes No Comments 2. Are pipes, spillway or trash racks in need of repair? Yes No Comments 3. Is the low flow or trickle channel in need of repair? Yes No Comments 4. Is the outfall channel in need of repair? Yes No Comments 5. Are there any other structural maintenance activities needed? Yes No Comments Plan for correcting deficiencies: Signature: Owner's Representative Date: Form CFW-6 CFW- SEPTEMBER 2015 Appendix A A-17 EXHIBIT E Tract 1: BEING a tract of land situated in the Mary Johnson Survey, Abstract Number 858 and the William Baker Survey, Abstract Number 145, the City of Fort Worth, Tarrant County, Texas and being a portion of land described by Deed to Blazing Trail, L.P., as recorded in Document Number D199046291, Deed Records, Tarrant County, Texas (DRTCT), and being all of a 0.944 acre tract of land as described by Boundary Line Agreement and Deed Without Warranty as recorded in Document Number D222040591, DRTCT, and being more particularly described by metes and bounds as follows: (Bearings referenced to U.S. State Plane Grid 1983 - Texas North Central Zone (4202) NAD83 as established using the AllTerra RTKNet Cooperative Network. Reference frame is NAD83(2011) Epoch 2010.0000. Distances shown are U.S. Survey feet displayed in surface values. BEGINNING at a 5/8-inch iron rod found for the southwest corner of Lot 1R, Block 1, Trillium Addition, an addition to the City of Fort Worth, Tarrant County, Texas as shown on plat recorded in Cabinet A, Slide 2799, Plat Records, Tarrant County, Texas (PRTCT), same being the northwest corner of the said 0.944 acre Boundary Line Agreement and Deed Without Warranty tract, and being in the east right-of- way line of Mark IV Parkway (a 60-foot right-of-way); THENCE North 89°14'46" East, with the common line between said Lot 1R and the said 0.944 acre Boundary Line Agreement and Deed Without Warranty tract, a distance of 2176.48 feet to a 5/8-inch capped iron rod marked "BHB INC" set (IRS) for the northeast corner of the said 0.944 acre Boundary Line Agreement and Deed Without Warranty tract, same being the southeast corner of said Lot 1, and being in the west right-of-way line of Interstate 35W (a variable width right-of-way); THENCE with the common line between the said 0.944 acre Boundary Line Agreement and Deed Without Warranty tract, and the said west right-of-way line, and along a curve to the right having a central angle of 01°20'51", a radius of 11437.15 feet, passing at an arc length of 32.24 feet, a 5/8-inch capped iron rod marked "BHB INC" found (CIRF) for the southeast corner of said 0.944 acre Boundary Line Agreement and Deed Without Warranty tract, same being the northeast corner of the aforementioned Blazing Trail tract as recorded in Document Number D199046291, and now continuing with the common line between the said Blazing Trail tract as recorded in Document Number D199046291 and the said west right-of-way line in all for a total arc length of 268.99 feet and a chord which bears South 08°33'00" West, a distance of 268.98 feet to a CIRF; THENCE South 09°13'33" West, continuing with the said common line, a distance of 1682.52 feet to a set 5/8-inch iron rod with yellow cap marked "BHB INC" (IRS) for the southeast corner of the hereon described tract, same being the northernmost corner of a corner clip at the northeast corner of the intersection of the aforesaid Interstate 35W and the aforementioned proposed unnamed 60-foot right- of-way; THENCE over and across the said Blazing Trail tract and with the northeastern line of the said proposed unnamed 60-foot right-of-way the following courses and distances: South 54°13'45" West, a distance of 14.14 feet to an IRS; North 80°46'02" West, a distance of 81.44 feet to an IRS; 065611.00644 401490 v1 along a curve to the right having a central angle of 45°26'56", a radius of 470.00 feet, an arc length of 372.82 feet and a chord which bears North 58°02'34" West, a distance of 363.12 feet to an IRS; North 35°19'06" West, a distance of 582.35 feet to an IRS; along a curve to the left having a central angle of 35°44'18", a radius of 1060.00 feet, an arc length of 661.18 feet and a chord which bears North 53°11'15" West, a distance of 650.51 feet to an IRS; along a curve to the right having a central angle of 35°46'02", a radius of 700.00 feet, an arc length of 436.98 feet and a chord which bears North 53°10'23" West, a distance of 429.92 feet to an IRS; THENCE North 35°17'22" West, continuing with the aforementioned northeastern line of the said proposed unnamed 60-foot right-of-way, at a distance of 97.33 feet passing a found 5/8" iron rod for the southeasternmost corner of the dedicated right-of-way for Mark IV Parkway as shown on the plat recorded in Cabinet B, Slide 1716, PRTCT, and now continuing with the common line between the aforementioned Blazing Trail tract and the easternmost line of the said right-of-way for Mark IV Parkway for a total distance of 292.42 feet to point from which a found 5/8" capped iron rod marked "TRANS SYSTEMS" bears North 02°25'41" East, a distance of 0.19 feet; THENCE continuing with the said right-of-way for Mark IV Parkway and along a curve to the right having a central angle of 34°35'37", a radius of 520.00 feet, an arc length of 313.96 feet and a chord which bears North 17°59'33" West, a distance of 309.21 feet to a point from which a found 5/8" capped iron rod marked "TRANS SYSTEMS" bears North 51°16'46" East, a distance of 0.96 feet; THENCE North 00°41'45" West, passing at a distance of 39.76 feet, a found 5/8" iron rod for the southwest corner of the aforementioned 0.944 acre Boundary Line Agreement and Deed Without Warranty tract, and now continuing with the common line between the said 0.944 acre Boundary Line Agreement and Deed Without Warranty tract and the aforementioned right-of-way line in all for a total distance of 45.69 feet to the POINT OF BEGINNING and containing 2,422,064 square feet or 55.603 acres of land more or less. 065611.00644 401490 v1 Tract 2: BEING a tract of land situated in the Mary Johnson Survey, Abstract Number 858 and the William Baker Survey, Abstract Number 145, and the Seburn Gilmore Survey, Abstract No. 590, the City of Fort Worth, Tarrant County, Texas and being a portion of land described by Deed to Blazing Trail, L.P., as recorded in Document Number D199046291, Deed Records, Tarrant County, Texas (DRTCT), and being more particularly described by metes and bounds as follows: (Bearings referenced to U.S. State Plane Grid 1983 - Texas North Central Zone (4202) NAD83 as established using the AllTerra RTKNet Cooperative Network. Reference frame is NAD83(2011) Epoch 2010.0000. Distances shown are U.S. Survey feet displayed in surface values. BEGINNING at a 5/8-inch capped iron rod marked "BHB INC" found (CIRF) for the easternmost corner of the said Blazing Trail tract, same being the southwest corner of Lot 1, Block 1, Stepp Business Park, an addition to the City of Fort Worth, Tarrant County, Texas as shown on plat recorded in Cabinet B, Slide 1767, Plat Records Tarrant County, Texas (PRTCT) and being in the eastern line of a tract of land as described by deed to Texas Electric Service Company as recorded in Volume 1979, Page 15, Deed Records, Tarrant County, Texas (DRTCT); THENCE North 54°42'38" East, with the common line between said Lot 1 and the said Blazing Trail tract, a distance of 633.62 feet to a found 5/8" iron rod for the southeastern most corner of said Lot 1, same being the southwest corner of the right-of-way line of Mark IV Parkway (a 60-foot right-of-way) and being the northwestern corner of a proposed unnamed 60-foot right-of-way; THENCE over and across the said Blazing Trail tract and with the southwestern line of the said proposed unnamed 60-foot right-of-way the following courses and distances: South 35°17'22" East, a distance of 97.33 feet to an IRS; along a curve to the left having a central angle of 35°46'02", a radius of 760.00 feet, an arc length of 474.44 feet and a chord which bears South 53°10'23" East, a distance of 466.77 feet to an IRS; along a curve to the right having a central angle of 35°44'18", a radius of 1000.00 feet, an arc length of 623.75 feet and a chord which bears South 53°11'15" East, a distance of 613.69 feet to an IRS; South 35°19'06" East, a distance of 582.35 feet to an IRS; along a curve to the left having a central angle of 45°26'56", a radius of 530.00 feet, an arc length of 420.41 feet and a chord which bears South 58°02'34" West, a distance of 409.48 feet to an IRS; South 80°46'02" East, a distance of 81.45 feet to an IRS for the northernmost corner of a clip corner at the southwest corner of the intersection of corner of Interstate 35W (a variable width right-of-way) and the aforementioned proposed unnamed 60-foot right-of-way; THENCE South 35°46'15" East, with the said corner clip, a distance of 14.14 feet to an IRS in the western right-of-way of the said Interstate 35W; 065611.00644 401490 v1 THENCE South 09°13'33" West, with the said western right-of-way, a distance of 453.64 feet to a found 5/8" iron rod with a 3-1/4" aluminum cap marked TXDOT for the southeasternmost corner of the aforementioned Blazing rail tract, same being in the north line of a tract of land as described by deed to Union Pacific Railroad Company and recorded in Volume 16413, Page 190, DRTCT, from which a found 5/8" capped iron rod bears North 58°03'22" East, a distance of 35.04 feet; THENCE with the common line between the said Blazing Trail tract and the said Union Pacific tract the following courses and distances: South 63°17'47" West, a distance of 456.70 feet to an IRS; South 88°52'05" West, a distance of 99.71 feet to an IRS; South 00°21'05" West, a distance of 50.63 feet to a found 5/8" iron rod with yellow cap; South 63°17'47" West, a distance of 302.99 feet to a found 5/8" iron rod with yellow cap for the southernmost corner of the aforementioned Blazing Trail tract, same being the northeast corner of a tract of land as described by deed to Union Pacific Railroad Company and recorded in Volume 16413, Page 186, DRTCT and being the southeasternmost corner of the aforementioned Texas Electric Service Company tract; THENCE North 35°19'06" West, with the common line between the said Blazing Trail tract and the said Texas Electric Service Company tract, a distance of 2351.97 feet to the POINT OF BEGINNING and containing 2,191,865 square feet or 50.318 acres of land more or less. 065611.00644 401490 v1