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HomeMy WebLinkAboutContract 58486 Date Received: 11/18/22 Permit No.: SWFMA-22-0081 Time Received: 8:03 a.m. City Secretary No.: 58486 RETAINING WALL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 18th day of November 20 22 by and between Avanta-IP Fort Worth Owner, LLC, acting by and through Avanta-IP Holdings, LLC, its duly authorized Member, acting by and through Terence Johnson, its duly authorized Senior Vice President hereinafter referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as a tract of land situated in the Juan Albirado Survey, Abstract No. 4, City of Fort Worth, Tarrant County, Texas according to Document No. D221325618 recorded in the Official Public Records, Tarrant County, Texas, hereinafter called the"Property". WHEREAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as Chisholm Trail Ranch, 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 the construction and maintenance of a Retaining Wall Facility on a portion of the Property being more particularly described by the metes and bounds in Exhibit"A"; 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 a Retaining Wall Facility be constructed and maintained on a portion of the Property; and; OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX RETAINING WALL MAINTENANCE AGREEMENT 1 Rev.0 311 512 022 BN WHEREAS, the City requires that a Retaining Wall Facility ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, the location and dimensions of which is shown on 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 Retaining Wall 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. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. 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, which needs maintenance or replacement to perform their design function, shall be noted in the inspection report along with the corrective actions to be taken. 3. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facility Property whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event the Landowner, its successors and assigns, fails to maintain the Facility in good working condition acceptable to the City, the City, its authorized agents and employees, may enter upon the Facility Property and RETAINING WALL MAINTENANCE AGREEMENT 2 Rev.03/15/2022 BN take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Facility, and in no event shall this Agreement be construed to impose any such obligation on the City, such obligation is Landowner's. 5. The Landowner, its successors and assigns, will perform the work necessary to keep the Facility in good working order as appropriate. In the event the City pursuant to this Agreement,performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. In the event that Landowner or its successors or assigns fail to pay the City for the costs incurred under this section, the City shall impress a lien for the costs of such work upon other lots owned by the Landowner. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND 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 RETAINING WALL IN ACCORDANCE HEREWITH, OR AS A RESULT OF ANY RETAINING WALL MAINTENANCE AGREEMENT 3 Rev.03/15/2022 BN DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) EROSION OF THE SOIL BELOW THE RETAINING WALL AND ITS FOOTING, AND (2) AND FAILURE OF THE RETAINING WALL AND ITS FOOTING TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA TO PERFORM ANY OF ITS DUTIES OR OBLIGATIONS HEREUNDER. 7. This Agreement shall be recorded among the land records of Tarrant County, Texas, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association. [REMAINDER OF THIS PAGE TO REMAIN BLANK] RETAINING WALL MAINTENANCE AGREEMENT 4 Rev.03/15/2022 BN Executed this 18th day of November 2022 CITY OF FORT WORTH LANDOWNER Avanta-IP Fort Worth Owner,LLC a Delaware Limited Liability Company 15�rc�Bea'� Dana Burghdoff(Nov 17,20 14:50 CST) By: Avanta-IP Holdings,LLC Dana Burghdoff a Delaware Limited Liability Company Assistant City Manager Its: Member City of Fort Worth Date: Nov 17,2022 By: fvxAce Johnson Title: Senior Vice President Approved as to Form and Legality: lJ �� Date: / Thomas Royce Hansen, Assistant City Attorney II Contract Compliance Manager: City Attorney's Office By signing, I acknowledge that I am the Date: Nov 16,2022 person responsible for the monitoring p44pn ,�F FORr°�yo°a� and administration of this contract, ono =d including ensuring all performance and ATTEST: 'o o°*d reporting requirements. N4�nEXpS.. Aatz�TGGY m,belhaG71`o1 ette S.Goodall(Nov 18,2022 08 CST) Matt Tilly (Nov 16,202212:5 Cs Jannette S. Goodall Janie Scarlett Morales City Secretary Development Manager Date: NOV 18, 2022 Nov 16,2022 Date: OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX RETAINING WALL MAINTENANCE AGREEMENT Rev.0311512022 BN 5 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on_NOV- k-I) C900 -by Dana Burghdoff,,Assistant City Manager of the City of Fort Worth,on behalf of the City of Fort Worth. 1 BROOKE BONNELL '�•.� Notary Public,State of Texas 7/c 0L �; Comm.Expires 10-11-2028 Notary ID 134009525 Normy Public,State of Texas. LANDOWNER STATE OF TEXAS § COUNTY OF MONTGOMERY § BEFORE ME,the undersigned authority,,a Notary Public in and for the State of �C XaS on this day personally appearedr—•1-cr,race. Thn-Syn (name), 5e r)i or V C,42- ?f e5,d e4+ (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 A (fq:r4 " . .1 ot� Wor-I'� Ok/►Kt (entity), a L C (entity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL:OF OFFICE this_ i �� day Of/1/0 ✓ 2022 ,uu NATHAN.MARKGRAF Notary ;. to of a oY Notary Public;State of Texas 9 'e Comm.DPires 04-25-2023 NOWY ID 131998811 RETAINING WALL MAINTENANCE AGREEMENT Rev.63/15/2022 BN EXHIBIT "A" INSERT LEGAL DESCRIPTION RETAINING WALL MAINTENANCE AGREEMENT 7 Rev.03/15/2022 BN LEGAL DESCRIPTION TRACT BEING a tract of land situated in the Juan Aibirado Survey, Abstract No. 4, City of Fort Worth, Tarrant County, Texas, being part of a called 29.125 tract of land described in a Special Warranty Deed to Avanta-IP Fort Worth Owner, LLC recorded in Instrument No. D221325618 of the Official Public Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 518-inch iron rod with cap stamped "KHA" set in the west right-of-way line of Chisholm Trail Parkway (a variable width right-of-way), and being the easternmost northeast corner of said 29.125 acre tract; THENCE South 0°23'56" East, along the said west line of Chisholm Trail Parkway, a distance of 80.97 feet to a 5/8-inch iron rod with cap stamped "DUNAWAY &ASSOC"found; THENCE continuing along the said west line of Chisholm Trail Parkway, South 3°22'48" West, a distance of 332.50 feet to a point; THENCE departing the said west line of Chisholm Trail Parkway, North 86037'12" West, a distance of 49.20 feet to the POINT OF BEGINNING; THENCE the following twenty-two (22) calls: South 30038'58"West, a distance of 5.00 feet to a point for corner; North 59021'02" West, a distance of 34.47 feet to a point for corner; North 89012'53" West, a distance of 1.95 feet to a point for corner; South 56°32'34" West, a distance of 17.44 feet to a point for corner, being the beginning of a non-tangent curve to the right with a radius of 249.36 feet, a central angle of 25°32'41", and a chord bearing and distance of South 21°49'24"West, 110.26 feet; In a southerly direction, with said non-tangent curve to the right, an arc distance of 111.17 feet to a point for corner; South 30"31'49"West, a distance of 56.90 feet to a point for corner; South 70°05'14"West, a distance of 23.34 feet to a point for corner; North 55028'20"West, a distance of 17.47 feet to a point for corner, and being the beginning of a non-tangent curve to the left with a radius of 182.50 feet, a central angle of 14°51'36", and a chord bearing and distance of South 16026'37"West, 47.20 feet; In a southerly direction, with said non-tangent curve to the left, an arc distance of 47.33 feet to a point for corner; South 84°51'31" East, a distance of 12.76 feet to a point for corner; South 60007'51" East, a distance of 15.81 feet to a point for corner; South 29"52'09" West, a distance of 5.00 feet to a point for corner; North 60007'51" West, a distance of 14.72 feet to a point for corner; North 84°51'31" West, a distance of 16.94 feet to a point for corner, and being the beginning of a non-tangent curve to the right with a radius of 187.50 feet, a central angle of 1801949", and a chord bearing and distance of North 16032'43" East, 59.73 feet; In a northerly direction, with said non-tangent curve to the right, an arc distance of 59.99 feet to a point for corner; South 55028'20" East, a distance of 20.82 feet to a point for corner; North 70°05'14" East, a distance of 18.97 feet to a RETAINING WALL MAINTENANCE AGREEMENT point for corner; JUAN JOSE ALBIRDO SURVEY,ABSTRACT NO.4 CONTINUED ON SHEET 2 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS Kimley))) Hom801t , 1 . 6511 Fort Worth,Texas 76102 FIRM#10194040 mm.kmiey-hofn win L le I D, ra�bv I Che,�c ked by I Dale I Proied No, Sheet No. NIA JSH MCB 91222021 D68200085 1OF6 HOPPER,BRAD IN 10/12/2022 3;03 PM KAFTW_SURVEY10682000B5-0HISHOLM TRAIL RANCH%DWG5D68200085-CHISHOLM TRAIL RANCH_RWMADWG LEGAL DESCRIPTION (CONTINUED) North 30°31'49" East, a distance of 55.28 feet to a point for corner, and being the beginning of a non-tangent curve to the left with a radius of 244.36 feet, a central angle of 2600559", and a chord bearing and distance of North 21035'14" East, 110.35 feet; In a northerly direction, with said non-tangent curve to the left, an arc distance of 111,31 feet to a point for corner; North 56°32'34" East, a distance of 21.19 feet to a point for corner; South 89012'53" East, a distance of 4.82 feet to a point for corner; South 59°21'02" East, a distance of 35.80 feet to a point for corner; to the POINT OF BEGINNING and containing 1,746 square feet or 0.0401 acres of land, more or less. TRACT 2 BEING a tract of land situated in the Juan Albirado Survey, Abstract No. 4, City of Fort Worth, Tarrant County, Texas, being part of a called 29.125 tract of land described in a Special Warranty Deed to Avanta-IP Fort Worth Owner, LLC recorded in Instrument No. D221325618 of the Official Public Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 5/8-inch iron rod with cap stamped "DUNAWAY & ASSOC" found in the west right-of-way line of Chisholm Trail Parkway (a variable width right-of-way), and being the southeast corner of said 29.125 acre tract; THENCE departing the said west line of Chisholm Trail Parkway, North 86028'13" West, along the south line of said 29.125 acre tract, a distance of 137.39 feet to point; from said point a 5/8-inch iron rod with cap stamped "DUNAWAY & ASSOC" found bears North 86028'13"West, a distance of 562.07 feet; THENCE departing the said south line of the 29.125 acre tract, North 3031'47" East, a distance of 69.92 feet to the POINT OF BEGINNING; THENCE the following twenty-two (22)calls: North 53°06'47"West, a distance of 5.00 feet to a point for corner; North 3605313" East, a distance of 23.25 feet to a point for corner; North 52059'56" West, a distance of 20.29 feet to a point for corner, and being the beginning of a tangent curve to the right with a radius of 9.33 feet, a central angle of 57°33'09", and a chord bearing and distance of North 24013'22"West, 8.98 feet; In a northerly direction, with said tangent curve to the right, an arc distance of 9.37 feet to a point for corner; North 03022'55" East, a distance of 2.11 feet to a point for corner; North 86037'05" West, a distance of 46.35 feet to a point for corner, and being the beginning of a tangent curve to the right with a radius of 24.44 feet, a central angle of 91°54'31", and a chord bearing and distance of North 40°39'50"West, 35.13 feet; In a northerly direction, with said tangent curve to the right, an arc distance of 39.20 feet to a point for corner; North 05'09'44" East, a distance of 62.94 feet to a point for corner; South 84'50'16" East, a distance of 21.74 feet to a point for corner; North 49012'39" East, a distance of 4.66 feet to a point for corner; North 05009'44" East, a distance of 65.32 feet to a point for corner; South 84'50'16" East, a distance of 5.00 feet to a point for corner; South 05°09'44"West, a distance of 67.34 feet to a point for corner; South 49°12'39" West, a distance of 8.80 feet to a point for corner; RETAINING WALL MAINTENANCE AGREEMENT North 84050'16" West, a distance of 18.86 feet to a JUAN JOSE ALBIRDO SURVEY,ABSTRACT NO.4 point for corner; CITY OF FORT WORTH,TARRANT COUNTY,TEXAS CONTINUED ON SHEET 3 Kimle-y* Horn 801tr1 . 76511 Fort Worth,Texas 76102 FIRM#10194040 vmw.kimley-hom.com Scale Craven by I Chocked by I Pate Prcie.t No. Sheet No. NIA JBH MCB 9/222021 068200085 20F6 HOPPER,BRAD IN 10112)2022 3:03 PM KAFTW SURVEY1069200085-CHISHOLM TRAIL RANC HIDWGWI3200085-C H ISHOLM TRAIL RANCH_RWMA.OWG LEGAL DESCRIPTION (CONTINUED) South 05009'44"West, a distance of 57.94 feet to a point for corner, and being the beginning of a non-tangent curve to the left with a radius of 19.44 feet, a central angle of 91055'27", and a chord bearing and distance of South 40039'22" East, 27.95 feet; In a southerly direction, with said non-tangent curve to the left, an arc distance of 31.19 feet to a point for corner; South 86037'05" East, a distance of 51.35 feet to a point for corner; South 03022'55" West, a distance of 7.17 feet to a point for corner, and being the beginning of a non-tangent curve to the left with a radius of 4.33 feet, a central angle of 58006'04", and a chord bearing and distance of South 23056'54" East, 4.20 feet; In a southerly direction, with said non-tangent curve to the left, an arc distance of 4.39 feet to a point for corner; South 52°59'56" East, a distance of 25.28 feet to a point for corner; South 36°53'13" West, a distance of 28.24 feet to a point for corner; to the POINT OF BEGINNING and containing 1,489 square feet or 0.0342 acres of land, more or less. NOTES: Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone(4202). A survey plat of even survey date herewith accompanies this metes and bounds description. The undersigned, Registered Professional Land Surveyor, hereby certifies that foregoing description accurately sets out the metes and bounds of the subject tracts. OF T �Q RETAINING WALL MAINTENANCE AGREEMENT MICHAEL C. BILLINGSLEY �:'' �tMisr '.. REGISTERED PROFESSIONAL * * JUAN JOSE ALBIRDO SURVEY,ABSTRACT NO.4 •• • •• •• • •• • • • • ••••'•• • LAND SURVEYOR NO. 6558 MICHAEL• • •OLEO• • •BILLING• • • SLEY• CITY OF FORT WORTH,TARRANT COUNTY,TEXAS 801 CHERRY STREET, .... .......................: UNIT 11 SUITE 1300 ,0 6558 Kimlev* Horn FORT WORTH, TEXAS 76102 �q'��FBgS\0 .P*Iz� PH. 817-335-6511 4.4 •. I �� FortWort801 th.Texas 76102 Unit '#13FIRM#10194040 wwwki0 if Tel, mey-hom.00rn S U R`t miehael.billingsley@kimley-horn.com Scale DrawnbY I CheckedbY I Date ProiectNo, Sheet No. N/A JBH MCD W212021 (168100011 30F6 HOPPER,BRADIN 1011212022 3:03 PM KAFTW SURVEW68200085-CH IS HOLM TRAIL RANG H%DWG{06827W[35-CHISHOLM TRAIL RANCH_RWMA-DWG 1RSC ti (TRACT 1) C> NaRrH W 1 �I N 0 25 50 5/8"IRF to "DUNAWAY GRAPHIC SCALE IN FEET &ASSOC" NOTES: LO Bearing system based on the Texas Coordinate System L18 � of 1983 (2011 adjustment), North Central Zone (4202). � A metes and bounds description of even survey date herewith accompanies this survey plat. < L1 �co The undersigned, Registered Professional Land Surveyor, L4 hereby certifies that this survey plat accurately sets out L5 the metes and bounds of the subject tracts. 1-2 ' } P.O.B. � 1 '0 �(TRACT 1) Q Q TRACT 1 a 0.0401 ACRES =� 1,746 SQ. FT. nj CO J Q <o W \ V N = �y CALLED 29,125 ACRES L� AVANTA-IP FORT WORTH OWNER, LLC (INST.NO.D221325618) f U UU L9 LEGEND <70 L11 P.O.C.=POINT OF COMMENCING 1,13 y2 ' P.O.B.= POINT OF BEGINNING VOL.=VOLUME PG.=PAGE 5/8"IRF INST.NO.=INSTRUMENT NUMBER "DUNAWAY IRFC=IRON ROD WITH CAP FOUND &ASSOC" lv//Z ,2Z PEE OF T-'9 RETAINING WALL MAINTENANCE AGREEMENT MICHAEL C. BILLINGSLEY co,- � r �>sT a ' REGISTERED PROFESSIONAL * • JUAN JOSE ALBIRDO SURVEY,ABSTRACT NO.4 ..................•••••.•••• CITY OF FORT WORTH,TARRANT COUNTY,TEXAS LAND SURVEYOR NO. 6558 MICHAEL CLEO BILLINGSLEY 801 CHERRY STREET, .... .......................: UNIT 11 SUITE 1300 � 'O 6558 �'• Kimlev* Horn FORT WORTH, TEXAS 76102 <9 �4FgS�O�P'p� PH. 817-335-6511 p �y 801 Cherry Street,Unit 11,A 1300 Tel.No.(817)335-6511 s` I i e v Fort Worth,Texas M02 FIRM N 10194040 Y'w,•r.kimley-horn_cam michael.billingsley@cimley-horn.com U l� Scale Drawn by I Checked by I Date ProlectNo. I SheelNo. JBH h1C13 9/2272021 1 0fi820MI15 40Ffi HOPPER,BRADIN 10112J2022 3:03 PM K:TTW SURVEW6820W85-CHISHOLM TRAIL RANCHIMM068200065-CHISHOLM TRAIL RANCH_RWMADWG 5/8"IRF "DUNAWAY NORTH &ASSOC" 0 25 50 1 GRAPHIC SCALE IN FEET L29 N fl J I L27 L2 Y } L32 < CALLED 29.125 ACRES L31 o a¢ o AVANTA-IP FORT r- J TRACT 2 WORTH OWNER,LLC —� (INST.NO. D221325618) co0.0342 ACRESco l —� 1,489 SQ. FT. N+ W � � J co J Q d L34 35 ( L24 L C8 , 2 L23 L36 U C5 P.O.B. 1-20 �N (TRACT 2) l� )1U r~ �" 518"IRF v �5/8"IRF IM "DUNAWAY 562.07' �z &ASSOC" N86�28t 137.39' PART OF LEGACY CTW LP (INST.NO.D221085315) P.0.C. (TRACT 2) RETAINING WALL MAINTENANCE AGREEMENT JUAN JOSE ALBIRDO SURVEY,ABSTRACT NO.4 LEGEND CITY OF FORT WORTH,TARRANT COUNTY,TEXAS P.O.C.= POINT OF COMMENCING Kimlev))) Horn P.O.B. =POINT OF BEGINNING VOL.=VOLUME PG.=PAGE 801 Cherry Street,Unit 11.N 1300 Tel.No.(817)335-6511 INST. NO.= INSTRUMENT NUMBER Fort Worth,Texas 76102 FIRM#10194040 %wm.kimley-hom.com IRFC=IRON ROD WITH CAP FOUND Scale Drawn by Checked by Data ProectW SheelNo. V" 50' 1 JBH I MCB i W2212021 C68200085 5 OF 6 HOPPER,BRADIN 10/1212022 339 PM KAFTW SURVEYl968200085-CHISHOLM TRAIL RANCHkDWG\06S21)W85-CHISHOLM TRAIL RANCH—RWMA DWG LINE TABLE LINE TABLE NO. BEARING LENGTH NO. BEARING LENGTH L1 N86'37'12'W 49.20' L20 N53'06'47"W 5.00, L2 830°38'58"W 5,00, L21 N36'53'13"E 23.25' L3 N59'21'02'VV 34.47' L22 N52'59'56'W 20.29' L4 N89`12'53"W 1.95, L23 NO3'22'65"E 2.11' L5 S56'32'34"VV 17,44' L24 N86'37'05'W 46.35' L6 S30'31'49"W 56.90' L25 N05'09'44"E 62.94' L7 S70'05'14'VV 23.34' L26 S84'50'16"E 21.74' L8 N55'28'20'W 17.47' L27 N49'12'39"E 4.66' L9 S84'51'31"E 12.76' L28 N05'09'44"E 65.32' 1-10 S60'07'51"E 15.81, L29 884'50'16"E 5.00' L11 S29'52'09'W 5,00' L30 S05'09'44'W 67.34' L12 N60'07'51'W 14.72' L31 S49'12'39"W 8.80, L13 N84'51'31'W 16,94' L32 N84'50'16'W 18.86' L14 355'28'20"E 20.82' L33 505'09'44'W 57.94' L15 N70'05'14"E 18.97' L34 S86'37'05"E 51.35' L16 N30'31'49"E 55.28' L35 S03'22'55'W 7.17' L17 N56'32'34"E 21.19' L36 S52'59'56"E 25.28' L18 S89'12'53"E 4.82' L37 S36'53'13W 28.24' L19 S59'21'02"E 35.80, CURVE TABLE NO. DELTA RADIUS LENGTH CHORD BEARING CHORD Cl 25'32'41" 249.36' 111,17' S21'49'24'W 110,26' C2 14'51'36" 182.50' 47.33' S16'26'37'W 47.20' C3 18*19'49" 187.50' 69.99' N16'32'43"E 59.73' C4 26°05'59" 244.36' 111.31' N21'35'14"E 110.35' C5 57'33'09" 9.33' 9.37' N24'13'22'W 8.98' C6 91'54'31" 24.44' 39.20' N40'39'50'W 35.13' C7 91'55'27" 19.44' 31.19' S40'39'22"E 27.95' C8 58`06'04" 4.33' 4.39' S23-56'54"E 4.20' RETAINING WALL MAINTENANCE AGREEMENT JUAN JOSE ALBIRDO SURVEY,ABSTRACT NO.4 CITY OF FORT WORTH,TARRANT COUNTY,TEXAS Kimle-y* Horn001t , 1 , . 7 -6511 Fart Worth,Texas 7=2 FIRM#10194040 wmv.kimley-hom.com Scale BraS'ITI by Checked by I Data Proiect No. I Sheet No. NIA JBH MCB 1 9122/2021 068200085 6OF6 HOPPER,BRADIN 10112I2022 3:03 PM K:WTW SURVEYi068200085-CHISHOLM TRAIL RANCHIDWG1068200085-CHISHOLMTRAIL RANCH_RWMAUWG MATCHLINE SEE SHEET C5.03 n _ _ 71 Hr dd R • ���' Y/PERIDDT-WAY R- _ a _ ---- ju ------ $ ea _ __ IL-- = ----- . —--- I C '— Oc F n a ---- -- -- _ -- m y as e8l Ige„4 ----- --- �`, _—=`-�_ --- ------------_O o im i ss N ew-. Q I d 3 u N € o8 cn KRP PROJECT �] OBBAWlB CHISHOLMTRAIL �'/� ICI Kimley>>)Horn GRADING PLAN RANCH �y $i 0� x - o ��,;�;?:�ra�•:?- � ,�m.K�MP�.x�Rx.�xT.P.� warwpmx,Texas MATCHLINE SEE SHEET C-5.05 I/ I -a / ea -�-. as �••a. �. >t -- - - ,�"' _ - /, III _ 2 � � �J-- 3 \ \ � a '/• -"\ - I,�I`�t ' // i III � �/ LLaa c z� •P ., a Ije/ II I I /�• ,11 I I I I /v � ''SS - .s�'_ e . _'/ � � i'' \� I.I �/ III II $ III - y a� Y a 2s a _ — -/_ --_ -- I II I II \Ix . x'a kPIS v�- _ •—xx x2 _ IRA Tm �" � I'I _ ,�\�_ ,-' '� �°�I�II III I I I I �w •a m 8 i�� e.s `� i _ � �a '`'� la I��I ig� m 'jam m ,<�r Z --T ,_h 0 § u 2 s 2 s IJ ti2 § zrA� 1 caps I o z v i 81 rn r a $ a F a a� s8 asq mz ? s o d u r slink N 2 KXP PROJECT �] OBBAWlB IAI 5/•'•4 i•;'� CHISHDLMTRAIL �'/� ICI Kimley>>)Horn GRADING PLAN RANCH �yI ; o� x - o "'��ra•:?- � ,�,m.K�MP,.R�Rx.�T.P.,,, ,� warwpmR,TPxas ,•`�""' MATCHLINE SEE SHEET 610.03 a I N - ylF - ---- I" Z I� --- -- - _ " Z o \ a I � i \ y I I o \ — PLA�2 - - - - -- -- --- O` I' - - _ _=;a' 7- — - .ax _ __ C X n 2 I � 0 wL O m z B e g NZ E m °\ Kimley>>)Horn � CHISHOLMTRAIL o {l^ -� o EROSION CONTROL PLAN $I� ; � RANCH x warwoRrx.Texas `\`"w„,,,,t MATCHLINE SEE SHEET C-10.05 P� ,M 9 '1 I 7 0 r I N 9NI' ® 1 PLf:r�'6 b� i � z ,PLAN 9,' �- p1, �— a �r- —�' pY&J PLAN s I ooi A ? H-Id -c A PLAN, - �_„ PLAN 3- li _ NVI ZNVId_ ,,� III '�I _ d _.a•,,.�- _ ,'__ k 1 I m 11 11 III I I i I I �-.►b � �.-—;_�_ � _--®� / - - � '� ,�� °� m PL!l:d 9 ®� 1 zz -------------- 11 1 111 I �,i � s- .�--cam Es�d '�I � $ i �- ,a•�'/ I b i C� 1 Zy y0 m it Z w e g � N2 E m �xa Paaecr �+�P-." :5 -I - CHIS Kimley»#Horn RANCH o= EROSION CONTROL PLAN AIL ma"imi RANCH o "ol war H.T— F a I k o>f s k e Engineering, Inc. Consulting Structural iigjneers 1414 West Randol Mill Road Suite 201 Arlin ton Texas 76012-3158 Metro 817 261-8300 Fax 817 261-0800 B1 A T ao _ _ 1CAP S�-oPE AM x _ _-I I I- oN, - I I-III-III-I I� =I III=I =III== 4" TOP SOIL& 1'-8" �j CLAY CAP AND V - - COMPACTED ON SITE SOIL. TIGHTLY FITTED STONE _ BACK FACE MAY BE NO MORTAR REQUIRED v v c IRREGULAR INDICATES ZONE WHERE o o FILTER FABRIC AROUND STONE IS TO BE FULLY DRAINAGE ZONE, MIRAFI MORTARED TOGETHER TOP, o o 140N OR APPROVED EQUAL. BOTTOM, FRONT AND BACK. o� III POINT ALL FACE II- STONE JOINTS {t—COMPACTED OR EXISTING 0 o ON SITE SOIL. FACE STONE PER OWNER _© CONTINUOUS GRAVEL OR III E � E _ CLEAN FREE DRAINING 3" DIA. WEEP HOLE — ROCK, SEE RW1 GENERAL ® 8'-O" O.C. NOTES. REFER TO A/RW3 6" MIN. ABOVE GRADE IF FOR DRAINAGE ZONE ON WALLS 4'-0" OR LESS III_ IN HEIGHT. FINISHED GRADE SLOPE 1V:8H MAX. REFER TO CIVIL FOR FINAL GRADING. �o �o �o� = FILTER FABRIC OVER END OF WEEP PIPE 0 III— II= COMPACTED SOIL _ _ —I I BELOW WEEP PIPE. _ I-III-I III-III-I -III-III-III-III I -III III " �'=III=III=III=III=1 III=III= _III-III-III=III- III I I B G 1 TYPICAL WALL SECTI❑N - 1V:10H MAX SLOPE ABOVE WALL SK1 1V:8H MAX SLOPE BELOW WALL BEARING IN CLAYEY OR SANDY S❑ILS WALLCO RETAINING WALLS, INC. FORT WORTH, TEXAS Date: 08-31-22 PR❑VIDED FOR GRAPHIC USE ONLY. NOT TO BE USED FOR By: VR Sheet No. 01 C❑NSTRUCTI❑N OF RETAINING WALLS +a&��r■r+r���a� EXHIBIT 'C' "era� �����" WALLCO RETAINING WALLS INC. UMMMOMw October 31,2018 Retaining Wall Maintenance —Short Form The ability of a retaining wall to function over an extended period of time is based largely on the maintenance practices associated with it.Paying attention to the following items will greatly reduce the propensity for problems: 1. Always maintain proper moisture content in the vicinity of the retaining wall including: a. Too little water can cause soils around the wall to shrink, causing contraction in the soil and subsequent cracks in the retaining wall. b. Too much water may cause hydrostatic pressure build-up behind the wall,which is the leading cause of failures. i. Never allow water to pool above or below the wall.Positive drainage should always occur in the vicinity of the retaining wall. ii. Always keep weep holes or French drains free and clear of debris. Clogged or blocked weep holes can lead to hydrostatic pressure build-up behind the wall.As seen in item"i",this should never be allowed to happen. So,keep an eye on the following: 1. Broken irrigation lines or heads can add massive amounts of water to soil rapidly and should be repaired immediately. 2. Gutter downspouts can cause erosion to occur behind the wall and saturate the retaining wall backfill material.Where possible, downspouts should be piped through the wall. 3. Area drains should always be maintained and kept free and clear of debris. 2. Never remove downhill soils(dirt below the wall)or change the steepness of the slope below the wall without consulting with your retaining wall contractor,the wall engineer or the geotechnical engineer of record. a. Typically,the slope below the wall should not exceed 25%(or max. V of fall in 41.f.). As such,any removal of dirt below the wall or"steepening"of the slope could cause a sliding failure and should never be done. b. Erosion at the toe(bottom) of wall can do the same thing. Over time,if a large amount of water is going over the top of the way in a single location,then erosion can occur where the water hits the dirt grade at bottom of wall. This should be maintained or splash blocks added in order to disallow erosion of soils at the bottom of wall. 4800 SE Loop 820 Fort Worth,Texas 76140■P:817-561-4901 F:817-561-4911■www.webuildwalls.com "erNorm �� �����" WALLCO RETAINING WALLS INC. .�. M � .� c. Creek/pond edge walls are notorious for failing because of scouring at the bottom of the wall. Churning of the water in ponds or flow of the water in creeks will remove soil at the bottom of the wall. This should be checked regularly to confirm that soil is maintained in front of the retaining wall(and not allowed to expose the footing below subgrade). 3. Never add any new structures within two(2)times the height of a retaining wall without consulting your wall contractor. For example,don't install a building,road or other structure within 10' of a 5' tall wall,or within 20' of a 10' wall. This is a good rule of thumb and is used to avoid placing a surcharge(load) on the wall that it wasn't designed to carry. 4. Since it is virtually impossible to outline every possible scenario that could have a negative impact on the retaining wall's ability to function as intended,common sense should always be considered. 4800 SE Loop 820 Fort Worth,Texas 76140■P:817-561-4901 F:817-561-4911■www.webuildwalls.com "era�� �����" WALLCO RETAINING WALLS INC. "IrRS,�r October 31,2018 Retaininz Wall Maintenance The ability of a retaining wall to function over an extended period of time is based largely on the maintenance practices associated with it. There is no way to outline every possible item that can have a detrimental impact on the retaining wall.However,paying attention to the following bullets will greatly reduce the propensity for problems: 1. Always maintain proper moisture content in the vicinity of the retaining wall including: a. Too little water can cause soils around the wall to shrink, causing contraction in the soil and subsequent cracks in the retaining wall. b. Too much water may cause hydrostatic pressure build-up behind the wall,which is the leading cause of wall failures.When water is allowed to infiltrate soils above the wall (the area that is being retained by the wall),it can cause the soil to be twice its normal weight. Since most retaining walls aren't designed for this much weight,they are likely to fail. To avoid this,the following should be done: i. Never allow water to pool above or below the wall.Positive drainage should always occur in the vicinity of the retaining wall. 1. If the original grading scheme was designed to allow water to surface drain over the top of the wall,then it is critical that the dirt grade above the wall matches the top of the wall elevation(ie...over time, settlement of the soils can occur which causes the dirt grade to fall below the top of the wall.When this happens,water cannot flow over the top of the wall and will pool above the wall.This forces water into the soil and causes hydrostatic pressure build-up which should never occur. 2. If the original grading scheme was designed to keep the water from going over the top of the wall and a swale is used to pick up water,then the swale should be maintained. Over time,these drainage swales can "silt-in"and water is not allowed to flow.Just as in example 1,you always want to have positive drainage and never let water sit in place. Keep it moving and this will greatly reduce the risk of over-saturating soils in the vicinity of the wall. 4800 SE Loop 820 Fort Worth,Texas 76140■P:817-561-4901 F:817-561-4911■www.webuildwalls.com "era�� �����" WALLCO RETAINING WALLS INC. ii. Always keep weep holes or French drains free and clear of debris. Clogged or blocked weep holes can lead to hydrostatic pressure build-up behind the wall.As seen in item"i",this should never be allowed to happen. So,keep an eye on the following: 1. Never add dirt in front of the wall that covers up the weep holes. They are typically located 6"to 12"above grade(at the bottom of the wall) and 8'to 10' apart. 2. Check for rat's nests or other natural causes that might restrict or inhibit the weep holes ability to function. 3. Confirm that your current weep holes are not covered up.Just because you didn't do it,there is no reason not to remedy the problem. However, keep in mind that some retaining wall systems may not have week holes (ie.. Cross-Ties and some Structural Concrete& Segmental Block walls which utilize a French Drain). In the case of the French Drain, it should be treated with similar respect.Be sure it is allowed to drain. iii. Broken Irrigation lines or heads can add massive amounts of water to soil rapidly. If this occurs,the irrigation system should be turned off immediately. Repairs should be made expeditiously, and the water should not be turned on until normal moisture content is achieved(ie...if a ponding situation occurs due to a broken sprinkler line and the repair is made,do not turn on the sprinkler system until the water has dissipated). iv. Gutter downspouts can cause erosion to occur behind the wall and saturate the retaining wall backfill material. 1. Where possible,downspouts should be piped through the wall. If not, keep a watchful eye on erosion caused by the force of the water coming out of the downspouts and repair as needed to avoid saturating the soils. 2. Another big item to keep an eye on is the pop-up drain. Many times they are tied into downspouts and only pop up when water is coming out of the downspout. They work well,when functioning properly.However,if the pop-up fails to work(ie...after being damaged or overgrown ground cover),then the pipe may break below the grade. This,of course,would force all downspout drainage directly into the ground which will over- saturate the ground. 3. Finally,be sure that downspouts are mechanically connected to underground pipe. It is suggested that foam sealant is used to form a watertight seal at the downspout connection. 4800 SE Loop 820 Fort Worth,Texas 76140■P:817-561-4901 F:817-561-4911■www.webuildwalls.com "erNorm �� �����" WALLCO RETAINING WALLS INC. .�. M � .� v. Area drains should always be maintained and kept free and clear of debris. 1. Sometimes,area drains are used to keep water moving when it's not possible to surface drain over the top of wall or away from the wall. If they become blocked,then water can pond and saturate the ground. 2. Another item to watch is the underground pipe attached to the area drain. In similar fashion to the pop-up drains,if the pipe is damaged, all surface water would then be piped directly into the ground. 2. Never remove downhill soils(dirt below the wall)or change the steepness of the slop below the wall without consulting with your retaining wall contractor,the wall engineer,or the geotechnical engineer of record. a. Typically,the slope below the wall should not exceed 25%(or max. 1' of fall in 41.f.). As such,any removal of dirt below the wall or"steepening"of the slope could cause a sliding failure and should never be done. b. Erosion at the toe(bottom) of the wall can do the same thing. Over time,if a large amount of water is going over the top of wall in a single location,then erosion can occur where the water hits the dirt grade at the bottom of the wall. c. Creek/pond edge walls are notorious for dialing because of scouring at the bottom of the wall. Churning of the water in ponds or flow of the water in creeks will remove soil at the bottom of the wall. This should be checked regularly to confirm that soil is maintained in front of the retaining wall(and not allowed to expose the footing below subgrade). 3. Never add any new structures within two(2)times the height of a retaining wall without consulting your wall contractor. For example,don't install a building,road or other structure within 10' of a 5' tall wall,or within 20' of a 10' wall. This is a good rule of thumb and is used to avoid placing a surcharge(load) on the wall that it wasn't designed to carry. A single story building can add 150 lbs/S.F. surcharge on a retaining wall. If the wall wasn't designed to carry the additional weight of the structure,then failure could occur.Keep in mind,if you're limited on space and cannot avoid coming in close proximity to a retaining wall,then you should consider installing piers beneath the structure. This will transfer the loads of the building below the retaining wall and should allow the wall to function as intended. Swimming pools can also place surcharge loads on the retaining wall and should be designed with piers,in the event they are located within the"surcharge zone"of a retaining wall. 4800 SE Loop 820 Fort Worth,Texas 76140■P:817-561-4901 F:817-561-4911■www.webuildwalls.com "erNorm �� �����" WALLCO RETAINING WALLS INC. .�. M � .� 4. Since it is virtually impossible to outline every possible scenario that could have a negative impact on the retaining wall's ability to function as intended,common sense should always be considered,Once we understand these three items can have a major impact on the retaining wall (water,removal of downhill slopes,and structures that place a surcharge on the wall),then we need to consider any type of cursory item that may have an impact on these items. By that,we mean don't allow additional water sources to come onto your property.Watch out for changes in stream flows or creeks that may cause erosion to occur at the base of the wall.Act quickly at the first sign of these events and you greatly increase the chance of reducing costly repairs. It's much more cost effective to add a little rip-rap in an erosion area than to rebuild a failing retaining wall. Maintain ground cover to avoid erosion of soils around the retaining wall. Don't plant items that have large root systems in the vicinity of a retaining wall.This will cause problems with the retaining wall or remove excessive amounts of moisture from the surrounding earth. In short,use a little common sense and the shelf life of any retaining wall can be increase significantly. 4800 SE Loop 820 Fort Worth,Texas 76140■P:817-561-4901 F:817-561-4911■www.webuildwalls.com