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HomeMy WebLinkAboutContract 59452Date Received: 5/23/2023 Permit No.: SWFMA-21-0096 Time Received: 11:55 a.m. City Secretary No.: 59452 RETAINING WALL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 23rd day of May 2023 by and between FW Mockingbird, LLC, 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 situated in the J.M. Robinson Survey, Abstract No. 1337, Fort Worth, Tarrant County, Texas according to the Deed recorded in Instrument No. D219246643, Deed Records, Tarrant County, Texas, hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as Mockingbird Estates, 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; 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 OFFICIAL RECORD RETAINING WALL MAINTENANCE AGREEMENT CITY SECRETARY Rev. 03/15/2022 BN FT. WORTH, TX 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 take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its RETAINING WALL MAINTENANCE AGREEMENT 2 Rev. 03/15/2022 BN 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 DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO (1) EROSION OF THE SOIL BELOW THE RETAINING WALL AND ITS RETAINING WALL MAINTENANCE AGREEMENT 3 Rev. 03/15/2022 BN 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 23rd day of May 20 23 C FY OF FORT 'i WORTH baru� B��rGcr7� CDT) Dania Burghdoff Assistant City Manager City of Fort North Date: May 23, 2023 Approved as to Form and Legality: Thomas Royce Hansen, Assistant City Attorney II City Attorney's Office Dare: May 22, 2023 ooaopn a F F�RPn�Ba ATTEST: ; °o"a°o o �nR4644 L' Jannette S. Goodall City Secretary Date: May 23, 2023 LANDOWNER FW MOCKNGBiRD, LLC a Texas limited liability company lz 4? 7_ Sue Blankenship Authorized Signer Date: 05-10- 20 ,? Contract Compliance Manager. By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Rebecca Diane Owen (May 22, 202312:26 CDT) Rebecca Owen Development Manager Date_ May 22, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX RETAINING WALL MAINTENANCE AGREEMENT Rev. 03/1512022 BN 9 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on May 23rd, 2023 by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. o�PRyPBROOKE BONNELL 2 Notary Public * * STATE OF TEXAS �9�GoFV�+P Notary I.D. 134009525 My Comm. Exp. Oct. 11, 2026 LANDOWNER STATE OF ua r, COUNTY OF -bates Brooke Digitally signed by Brooke Bonnell B o n n e l l Date: 2023.05.23 11:19:07-05'00' Notary Public, State of Texas 2. 0 BEFORE ME, the undersigned authority, a Notary Public in and for the State of , on this day personally appeared Sue, A. _ (name), QA A `t'►6 d rl Ztd Aa -rn `(• (title), known to me to bi 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 Fw l lb �sbindi L L C, (entity), a Cl/hiled l C he?A (entity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20�. F BECCA JULIE NORROD Notary Public�State of otary ID #133906193 y Commission Expires August 12, 2026 a RETAINING WALL MAINTENANCE AGREEMENT 6 Rev. 03/15/2022 BN EXHIBIT "A" INSERT LEGAL DESCRIPTION RETAINING WALL MAINTENANCE AGREEMENT Rev. 03/15/2022 BN RANDOL MILL ROAD (VARIABLE WIDTH RIGHT-OF-WAY) POINT OF COMMENCING FOUND 1/2 INCH IRON ROD (CM) SO* 24' 26"E POINT OF BEGINNING I BLOCK 1 J�Je 447.64' N89` 48' 43"E P� O 14.00' APPROXIMATE LOCATION OF N89° 35' 34"E FULLY DEVELOPED 100-YEAR �O�p• 8.73' FLODD PLAIN (SWM19-0438) WALL MAINTENANCE P AGREEMENT AREA / I BLOCK 6 I TEMPLE BAPTIST CHURCH FW MOCKINGBIRD LLC O 6824 RANDOL MILL RD 1 DOCUMENT NO. D219246643 VOLUME 5439, PAGE 813 C.C.R.T.C.T. D.R.T.C.T. SO* 1 1' 17"E I 1 I 169.31' 2 PROPOSED NO* 1 1 ' 17"W� MOCKINGBIRD ESTATES — 169.31' AN ADDITION TO THE CITY O OF FORT WORTH O I BLOCK 5 wo Y I OoI= o0 S89° 48' 43"W I� O < o Q� 14.00' � " LEGEND BASIS OF BEARING IS THE STATE D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS PLANE COORDINATE SYSTEM, TEXAS C.C.R.T.C.T. = COUNTY CLERK RECORDS, TARRANT COUNTY, TEXAS NORTH CENTRAL ZONE 4202, NORTH CM = CONTROL MONUMENT AMERICAN DATUM OF 1983. ADJUSTMENT REALIZATION 2011 EXHIBIT Al BEING A 0.0544 ACRE (2,370 SQ.FT.) WALL MAINTENANCE AGREEMENT AREA FW MOCKINGBIRD LLC DOCUMENT No. D219246643, COUNTY CLERK RECORDS, TARRANT COUNTY, TEXAS SITUATED IN J.M. ROBINSON SURVEY, ABSTRACT NO. 1337 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Graham Associates,lnc. GRAPHIC SCALE 1 "=50' 92 CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 500 [rnl ARLINGTON, TEXAS 76011 (817) 640.8535 0 50 100 TBPE FIRM: F-1191/TBPLS FIRM: 101538-00 DRAWN BY: GAI DATE: 12/09/2021 PROJECT NO.: 2607-1072 SHEET 1 OF 2 EXHIBIT Al BEING A 0.0544 ACRES (2,370 SQ. FT.) WALL MAINTENANCE AGREEMENT AREA FW MOCKINGBIRD LLC DOCUMENT No. D219246643 COUNTY CLERK RECORDS, TARRANT COUNTY, TEXAS SITUATED IN J.M. ROBINSON SURVEY, ABSTRACT NO. 1337 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Being a 0.0544 acre tract of land in the City of Fort Worth, Tarrant County, Texas, situated in the J.M. ROBINSON SURVEY, ABSTRACT NO. 1337 and being a portion of a called 61.431 acre tract of land described in deed to FW Mockingbird, LLC, recorded in Document No. D219246643, County Clerk Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod, being the northwest corner of said FW Mockingbird LLC tract, and being the northeast corner of a tract of land described in deed to Temple Baptist Church, as recorded in Volume 5439, Page 813, Deed Records, Tarrant County, Texas, and also being in the south right-of-way line of Randol Mill Road (having a variable width Right -Of -Way); THENCE South 00°24'26" East, leaving said south right-of-way line, along the east line of said Temple Baptist Church tract, and along the west line of said FW Mockingbird tract, being a common line, a distance of 447.64 feet to a point; THENCE North 89°35'34" East, leaving said common line, a distance of 8.73 feet to the POINT OF BEGINNING; THENCE North 89°48'43" East, a distance of 14.00 feet to a point; THENCE South 0091' 17" East, a distance of 169.31 feet to a point; THENCE South 89°48'43" West, a distance of 14.00 feet to a point; THENCE North 009 F 17" West, a distance of 169.31 feet to the POINT OF BEGINNING and CONTAINING 2,370 square feet, 0.0544 acres of land, more or less. OF ve M.L PETERSON 12/0a�'�Zf Sheet 2 of 2 \ �l f V z STA 11+33.99, 15.26' Li. AUEY 4 = STA 0+0000 REf WALL 4 BEGIN WALL � T/W = 529I5 /E/W = 52600 1 FEMA FLOG NO. I \ FEMA MAP N0. 4643990215E t \ � � (REVISED. 03-21-2019) 1 1 wW��wv�', w1w w—wTw—F w- � -WAG N SPOKE WAY \ 1 _ _`7 \FUOODPAA VERfIGAL WALL- MATERNL MANNFACII1flE0 STONE ',ALLEY — : C - v >• -- -� swRnA uMITs ` 1 CONTROL LINE & \ FACE OF WALL STA. 10+01.10, 14 75' Li. ALLEY 4 = Sf0. 1+6J.31 RET WAll 4 ENO WALL 1 T/VY = 53625 \ J R/W = 531 64 EFFECRJE � I FL000WAY / � PROPOSE L�iER10MPwx� / I RETAINING WALL 4 550 �^ �No ��m n�m ..GO a"a� Dam L a Q PR`POSEDTOP 54.` OF R c R IL a 545 PROPOSED GRP➢E r AT"'OF WALL PROPOSED i0P OF WALL 540 -- — 540 535- --\— 535 iAT rlcc I FACE G,FO a y or ­ l 530 / �/ vo R/ W PROPO:D - 525 TaP o Faoiwc -525 ze 520- 520 e PROFILE VCATE -0+50 O+JO 1+10 2+00 EXISTING UTILITIES AND UNDERGROUND FACILITIES OF THEN' PLAINS INFORMATION AND ASSUILTPIANS ITSHALLBETHEE RESPON AEIUTY OF THE CONTRACTOR TO VERIFY oR-NTAL AND VERTICAL LOCATION OF ALL EXISTING UTII,TIE8 PRIOR TO CONSTRUCTION THE CONTRACTOR SHALLUTIONS TO PROTECT ALL EXISTING UEII,TIESAND IMLLE E RESPONSIBLE FOR ANY DAMAGE TO SNDUTILITIES. THE CONTRACTOR SHALL NOTIFY ALL UTILITY COMPANIES PRIOR TO CONSTRUCTION. VICINITY MAP I L/ ®r I: —nl I I I I I I I I LEGEND SWTMA UNITS PROP 100M ULTIMATE FLOOGPWN PROP. 10M FEMA FLOOOPUIN EMST. IOOIR FEMA FLOOOPWN FEW MAP NO Q439CO215L (RENSEL 03-21-20I9) ROODPLAN EPSET,ENT 9.11. 9I2023 Ell GRAPHIC SCALE 40 O 0 9U ORT WORT PAVING IMP OVEMENTS RETAINING WALL 4 (PRIVATE) RETAINING WALL 5'PRIVATEI MOCKINGBIRD ESTATES FORT WORTH. TEXAS CONSULTING �ENGINEatesERS & PLANNERS rt% �iRi>tw TI2 BY ON PJELT NO P-1061 SHEET DATE 6:. �sHEEr 1 of 1 ' 02.30 N89° 48' 43"E 27.92' , S86' 43' 52"E 1 3.90' '. NT 16' 08"E__)j / 1 4.20' N86- 43' 52"W� 1 4.33' BLOCK 3 FW MOCKINGBIRD LLC DOCUMENT NO. D219246643 C.C.R.T.C.T. PROPOSED MOCKINGBIRD ESTATES AN ADDITION TO THE CITY OF WALL MAINTENANCE FORT WORTH AGREEMENT AREA SO* 1 1 ' 17"E 1 4.20' POINT OF BEGINNING N74° 43' 19"W 58.64' S89` 48' 43"W 28.35' — — — 11111111WPOINT OF COMMENCING FOUND 1 /2 INCH IRON ROD W/RED CAP (CM) I R A PROPERTIES INC DOCUMENT NO. D2101 14509 N D.R.T.C.T. O� G LOT 1 R, BLOCK 1 PATE REHABILITATION ADDITION O DOCUMENT NO. D212009808 F� P.R.T.C.T. w I �I Q� LEGEND BASIS OF BEARING IS THE STATE D.R.T.C.T. = DEED RECORDS, TARRANT COUNTY, TEXAS PLANE COORDINATE SYSTEM, TEXAS C.C.R.T.C.T. = COUNTY CLERK RECORDS, TARRANT COUNTY, TEXAS NORTH CENTRAL ZONE 4202, NORTH CM = CONTROL MONUMENT AMERICAN DATUM OF 1983. ADJUSTMENT REALIZATION 2011 EXHIBIT A2 BEING A 0.0138 ACRE (600 SQ.FT.) WALL MAINTENANCE AGREEMENT AREA FW MOCKINGBIRD LLC DOCUMENT No. D219246643, COUNTY CLERK RECORDS, TARRANT COUNTY, TEXAS SITUATED IN J.M. ROBINSON SURVEY, ABSTRACT NO. 1337 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS L - 92Graham Associates,lnc. GRAPHIC SCALE 1 "=30' CONSULTING ENGINEERS &PLANNERS 600 SIX FLAGS DRIVE, SUITE 500 [rnll ARLINGTON, TEXAS 76011 (817) 640-8535 0 30 60 TBPE FIRM: F-1191[rBPLS FIRM:101538-00 DRAWN BY: GAI DATE: 03/24/2023 PROJECT NO.: 2607-1072 SHEET 1 OF 2 EXHIBIT A2 BEING A 0.0138 ACRES (600 SQ. FT.) WALL MAINTENANCE AGREEMENT AREA FW MOCKINGBIRD LLC DOCUMENT No. D219246643 COUNTY CLERK RECORDS, TARRANT COUNTY, TEXAS SITUATED IN J.M. ROBINSON SURVEY, ABSTRACT NO. 1337 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS Being a 0.0138 acre tract of land in the City of Fort Worth, Tarrant County, Texas, situated in the J.M. ROBINSON SURVEY, ABSTRACT NO. 1337 and being a portion of a called 61.431 acre tract of land described in deed to FW Mockingbird, LLC, recorded in Document No. D219246643, County Clerk Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2 inch iron rod with a red cap, being in the east line of said FW Mockingbird LLC tract, and being the westernmost northwest corner of Lot 1R, Block 1, Pate Rehabilitation Addition, as recorded in Document No D212009808, Plat Records, Tarrant County, Texas; THENCE North 74'43'19" West, a distance of 58.64 feet to the POINT OF BEGINNING; THENCE South 89°48'43" West, a distance of 28.35 feet to a point; THENCE North 86°43'52" West, a distance of 14.33 feet to a point; THENCE North 03016'08" East, a distance of 14.20 feet to a point; THENCE South 86°43'52" East, a distance of 13.90 feet to a point; THENCE North 89°48'43" East, a distance of 27.92 feet to the POINT OF BEGINNING and CONTAINING 600 square feet, 0.0138 acres of land, more or less. Sheet 2 of 2 EXISTING UTILITIES AND UNDERGROUND FACILITIES OF TH Y I II INFORMATION ANDASBUILTPLANs ITSHALLBETHEE J \ 5TA ]+06.60, 5]]8' RT. ALLEY 2 =d RESPONSIBILITY OF THE CONTRACTOR TO VERIFY STA J+]4.I2 NET WALL 1E / ORIZONTALAND VERTICAL LOCATION OF ALL EXISTING \ END WAL �� UTILITIES PRIOR TO CONSTRUCTION THE CONTRACTOR ' \ T/W = 52835 1 SHALL TAKE NECESSARY PRECAUTIONS TO PROTECT ALL G _8/4Y=52682 \ EXISTING UTILITIEBANDIMLL BE RESPONSIBLE FOR ANY DAMAGE TO SAID UTILITIES THE CONTRACTOR SHALL wow—lr—w-3'*,wZ7—w�w,W w� \ NOTIFYALL UTILITY COMPANIES PRIOR TO CONSTRUCTION. 3+49 ]9 RETSWOLRI.I EPU£Y 2 / J � . I-CALVLL VICINITY MAP .17 \ \\ \ \ \ \ W/'M P153400 1 MAIFNI4L NANUFACTURED STONE . 52812 %/�/ `EFFECTNE FLOOOWAY \ \ \ \ STA 6+5451, 3B46' RT -1 2 - '� I� /r 6110 }IIII Ny \ \ \ \WPLL3P.1.561 SET WALLIIB l \` sXFlAA 1\\1 iTi®mom i/W = 534.06 J .... alliT IWIIIL'J 1 \ \ \ 1) _ \I .p j. _ _ALLEY2 V T _ I srA a+m.00, us0' Rr. AUEY z = \ \ \ Fa eRov UNE W 1 \ ` 1 srA 0+0o DD REf waLL 1e ( (prtprosm I,. o-1i � 1EMA LLOODPuw .BEGIN WAIL \ rf GRADING PIPNSY FEM4 MAP NO 4B9J9CO215L ��\\ B/4Y=53995 ` ` l J \ Is"i (RENSED 03-21-2019) a� +4660 BE7°uuPLlla 2- � \ _ LEGEND \i/W = 534.25 ) \ UL11WE -PWN � � \ �� \ 1 $ C B/W = 529.60 SWFNA UNITS ROJOPLAN EASEMENT \ PROP 100M LUTE TOODPWN PROP. 1001R FEMA HLOODIUAN EXIS,. IOOlR FEMA F.-B NJIA MAP NO Q439CO215L (RENSED 03-21-2019) ROODPVIN FPSfIAENT RETAINING WALL 1B Cl� 0 555 5506 m aam 6~m 6~m a.ma_m 550 �s PROFILE SCALE dO6XUA SfO PROPOSED TOP PROPDSED TOP I� 1"-4tl HORZ I ...1JOi]9�G.F7i 541 P OF waLL r OF TRATRC RAH 545 U AF(pe c OSI09/2023 540 540 AT FADEO GRADE AT BACN OF WALL 535- -535 GRAPHIC SCALE PRCPos \—, i AT FACE OF WALL p 40 0 40 80 530 TO OSm�wc _ ®Fur o 530 FORTWORTIJ ,Gd-M PAVING IMP OVEMENTS $$ 525 525 RETAINING WALL 1B (PRIVATE) STA.0+00 TO STA.3+50 a e MOCKINGBIRD ESTATES FORT WORTH. TEXAS E Graham Associates,inc. CONSUL¶NG ENGGlNEgERS 8 PLANNERS �oN 0+00 1+)0 2+00 3+00 4+JO P � D BY GNPROJECT NO P-1084 SHEET a Are Bozo ��SHEET 1 OF 1 02.27 L7 PI "I M NRY WAILLMEDU.E -20W pol - Gth H BATTER _.re N_ r_ , T IA-A-E-ol- wou rasa roe - -1. ra-e- one- .-Na H ..1 -H I .-�IH al .1- 1 A 1. , n.:: 11: 1-:: r�:: D.: o12:: D.: o: nE 'etan n-:: ns D.: D.:::as : -Z I Ir. I r�:: e D 4: - 0 Mae laf , N: D:: 71 a2--1- 1' - 2- 1' - 1`I : !1: '011: '11: 1-� 1: 12202:6'2" - 00., 8- 9- 2-0- �- Z 11 -1" 12' -d' 1--V 4- - E' 2- - 1' AV - 0 2G00 ae WAuDESIGN C*-Ri -.1 NRa-na-, 2DI .1 %. 14 S 0 opf RW1/1 MASONRY WALL W/ 6V 1 H BATTER eI a ape- RW1/3 WALL SECTION W/ FENCE RW114 ISWFMA EXHIBIT B I 11 1 p rp — rp ansreanraw HTI IF L 1 1-1 1 111��.MPAAaD'Nlnf.=MEDIJ.l 2 1E'n1II -1 -1 1-ae. 111-IIN' 1-11 ea-D.G .-h,"Ij .1- Ta- - 1. r. 1 1. 0 2- SEE A- 2:SE: :- I , O�: 2 0 o ':� o N: , '�: SE A- 4:11 1AM ': � Ir: 1. D. V 4- 4- r::� 7 1. E. a 2: 0' 11' V-2- 4 -S' V-4- 1 2- - S0.: 1. f . . I . , Ir' 2� a� S 12� jS 10. 1: D:� 1. - jj2 -2' 7 -S' 2 -4- 11- DESI 6N CdTERIA 1- -PIT.P 11PE11 ---E p a 20M I �, r4 0 S - nor amsaxssuacxanse MASONRY WALL W/ 6V: 1 H BATTER RW1/2 AND BUILDING SURCHARGE I TYPICAL PLAN VIEW AT CORNER 1. Design Eh.ldr.g Code Intanneir ... I ISI Code 2015 Edno.. ';G-h kal Rqaa,t . R-I-on. Pro- 19-210821-251C [I M-hS,2019&September 17,202l 3. G.- -W-dan. El- an Etff N-1 Jodl-b.d Clayey Sent, or -p-d and Tested E.da Allowable EI 2000 psf, minimum bralt, 11 soils CeaR. and of F.- lb- Be. of Mil and! S.4 - O.W for sod Boddill Sol Panner- Inaddill Sad - Natural Cl.ya or F111 Sale Base Sol Pa..-. Sol at To, -natural. J,d-lood! or FBI Slade The beed,11 -1 angle of internal froo.n neffenned to above is . -­Sda angle of internal hat.. and I both ,h- and III If -1111 fir-1 If the sots. The use .fheavy equipment .,- the -11 oonid damage the -11 and M,onid be -rod. Lowfo b.Sa of -11a an urdhatba- or property o­- sod. Average density of masonry -Do -11 vanes from 135 pof to 145 pd. Sou of stone wdlhnn -11 vanes from d In the an.11 Damage zone materials may be -laawd of dean III or stone ranging from 1- to 5'. C-lbod oan- acceptable p,,d,d 9, clean and generally free of dked or other dollar-, nnoteroda. Portland 0ann- Manor for Retaining Mil Conab- The Portland -- mortar used for .... t,or,n of to above grade pad- of the masonry stone a1I walls shall bep.,dad with the kilew,.gp.pM.ns per..McpMdc.n.rete. The ftni-cement n- ..ppbar shell p-d. 'batch beh,da' ol-riya,haeong that the eppapnafo ..- of matey -le are pre,,I In each concrete N. truck lead. Th. batch DI shall *.dy,nd,- to amountbee,had, the data the pate. name C.""'a A.... par e.b,a y- Type F Fly Ash N be. Froa Aggregate(Send) 3,250 bZ Poled. Water - :b Type 1 Part- Car- 376 be. Admixture E..on 100 . .. avenge Con- ..Me. such .. "E.- 100 R-I may he used at to d,..t,.D of the .-I c-cher. A greater ..- of retarder (-t Ed .-I i. typ-Ily oEad d­ hot pa -de and I.. an- of aI (,kan 32 -1 is typically used during cod weather. Please note that the - peop.dr.r. -11 p.,d. . P.rd- cannand .- with . -Ion- strength of alb- f, - 2" p,. Dn'ts-re, 1-1-C. d... not raq- any on- testing provided the above preporton, .. ..fi.d by -y of to 'leand, DI S. Gonatruodo. Roar - Dr -US -re. LLC. shall be call,d for cpnsiru.ipn rewex of Dr-nry anal. 6. R.-mg Well Design C-onent. Retaining wane shouts not nave solitl ranee plecetl on rap dwell omerman mat shown on these pans. Retaining ate: :; :h:: not h. -b-red surcharge placed a.- the wan her an haE-o an there. plan.. Re.Drwalls hnort.'.elope et now or top of -11 that armed, that wlnah is dmn an these plans. The reban­ -11. noted - requae S­Gd design. Kfi- .... be,,,, to oan-n of the retaining walla from the,, documents may be accepted at the d-not- of the d­ rga,... RW1/5 TYPICAL PLAN VIEW AT BASE 014, 5 RETAINING WALL DETAILS AND NOTES N, NNN.- RW1 R /l NUSONRY — SCHEDULE - I HE— — CE—DM —DEEW E U— I 0� :6 SEE IUR- I 34 0" 3- S" V- S" l'- 6" 0- - S" 0'- 8" 3'- 0" SEE SIM I AS NEEDED - DETAIL OF WALL W/ DOUBLE RW2/2 FACE AND SWALE BEHIND CAP. WALL N Cl DESIGRiENI E A 7 4=EE I I I01f 14 3 d.. 143 d.. 30 d. MASONRY WALL W1 6V: 1 H BATTER RW2/1 AND FIRELANE SURCHARGE 9 3 U) ui ui Q "o -0 Z 014, N RETAINING WALL DETAILS AND NOTES RW2 i KEY MAP t 1 yl �, —Ras — Dosec s awmux 1 r 7', Rwsmc r canoux 1 1 —100A— PAOPoIIa 5' CpkWR MUPoYA i' «MPoUR I: I �k�R f'. � �) { MNPoSFD SPof MaAM rNSMM AY ' Y�j' � RQI Aq✓ONS 1 � I — — — PRCPo6Fp nW CROII-IECIpxS L r `I( I � rA:an r/asmsR �I I — — — � rtw 1ao-lTin -BYOTHERS' rl/c r�ro aiallW RtVMd I I I FHANA GRADING TYPES J� • ` •' 1'f BLOCKOTS II GRADING �� t —( r}� _!! y ey � !l 323 417 �UOTIGRADING TYPE B TYPE TYPE TBVLOPECK1 TYPE4 TY El J 6 1 TYPE 8 TYPE �•:tw I u �;w �1 i r !Q011T Eb51. fRJIM s - amm R/rT sscrokcc m«m s�¢n ox �-vwu a aos oos %k �AXdL _ rvc., aaa[crrvo. 25aa-i Fa 1 RW1I1 RETAINING WPLL LOCATION WI TYP—BATTER CLa 111 RW1l RETAINING WALL WI BUILDING SURCHARGE — R-1 RETAINING WALL WI FIRELANE SURCHARGE RW311 MASONRY WALL SITE LAYOUT GRADI G PLANS GRADING PLAN (1 OF 7) MOCKINGBIRD ESTATES 2ND LOOK FORT WORTH. TEW Gmhem Associates,Inc. 9/26/21 © Oxk.NGpRYFFP58 NBA TREY B.Rr wre a I r of r I EoA 014, 5 N g �A Q� . cn snug RETAINING WALL DETAILS AND NOTES �rtR RW3 Q� _ — '� hl �fl sl _ _ — � _a Y'� � J� ce� •� __ 1719 I x� KEY NAP .Trees Tre•s<II _TR- � StI�Nt.J Jiil.1F _ y-- �i'Jn at9.a — wJ — mslw 5 Carcaa Ilk . 99. I NO — — P0.0Ft5fD R---S... ` �- J 4 s- _ - A �_ 'r�l — — — Rur�X— pw rtu+ Ico-vria t%I. a µi I5N' 3iJ.i J99 ALLEY B tyj �� t''b+ ,�P nK.n wort .IJ T/� ,GP K cm FINeMn LOGBADINGTYPES 2�/) II O IBLDCK IN GRADING BLDCK GRADING $ ® p I O p m m(D ar_ of m .m_ m _ I I Lu 16 L TYPEB TYPE4 W � I 7 1-]5 lYPE6 TYPEI I I B 1-IS 7YPE6 TYPE4 _ _ ` DI \ SUAI - a s� w.n slxf.- 9A9 t I vJ- - I 9 1- TYPE B TYPE 1 N w, 1-12 TYPEB TYPES /KINGBIRD ESTATE ' Q� AI J`fI _ _ � -• • 9 �: ° *- n:ssM, nrmT. nAEw — ,oa .0 1 jc9AdA8 sic ,r: I•-w• ORTWORT -. .......... ,l G "k-1 °JX Dom. GRADING PLAN (2 OF 7) IPu MOCKINGBIRD ESTATES �2ND LOOK FORT WORTH. TEXAS ,G2hX61 ASSOC186JS,IRC. 9/26/21 . ara1=L,Noea9aELRse9uNers MRc 9 = I'M Risen TREY B. aenoRs. slam 9Jv.9 a .-wloc a AOJJ "X0 ssc,lonAA T. n 9zr9alw Iz°•z o. ,� j 03E03 HITAIM GRAHAM LA—GIATTEG,l C.F al CTlNuo.207--- R I RETAINING WALL BUILDING RETAINING WALL WI RN2NE/R SURCH AGE TER 111 RW4/1 MASONRY WALL SITE LAYOUT aoao z niR =I�n nh 2ND LOOK 9/26/21 a^"� TREY B. LAXAONrvL _ rvc., aaa[cirvo. 25a�-i ba 1 RW1I1 RETAINING WPLL LOCATION WI TYPICPL BATTER 111 RW1l RETAINING WALL WI BUILDING SURCHARGE — R-1 RETAINING WALL WI FIRELANE SURCHARGE RW511 MASONRY WALL SITE LAYOUT cn4iw0unLmc3A fouxocaOaWxoaAGunc9 ca �Sem tt ALL utt A1PE PP i n � St ¢ d 19W ' Baum M� IuI I�1 KEY M P (%i W - FNS1N3 f «MdM �pyp_ ''wxlpa — — — R—S. sow Crros _st'axra w F C) Nz o all" F aF -S BEYNNN 0� a FHA/VA GRADINGTYPES m } O BLOCKLOTS [TISIADING BLOCKGRADINGI 2 2-7 7VPEATYPE1O13 1.7 TYPECttPE3713 b14TYPEA M1 ` 2 U 16 1-4 TYPEB TYPED 4, U O >mka F OBRKN]t Po o w ao RT WORT GRAD GPLANS ��^ GRADING PLAN(3 OF 7) M�ID�GKt'(IINy1v3q88�1R��D}�{EJ�STA(TpgEES llMtIdIAASSCCfa(�,rAb. _ .... ENst 03.0.04 RETAINING WALL DETAILS AND NOTES �rtR RW5 a� _ se MATCH SHEET 03.04 _f ..,r I ro ^ A m ssr n = G N TE TERRITOR / sss m w v I o r� _. 1e„w »sae r,w•sus rAv_ �'sa�io i ,z"m.sm. � � Txioar .-.,�-.e s �� rm�: xi - i r - ® A`E K � EY MAPLLJ � LxiE -- rrrosm, oxnax „ N a Q / ww 4✓-set_- - kr s. - - _ .__ _ - RS R� — a— _ wsosm vet umm W _ �� IDGE �•m1.1. sai'.. ^— T� / 1 " AApPaSFp fF1Y. C MS-4[ p,6 Q ui � U/v I. aan Q c wefts BrvAroN ®ffi_ ®-- l 'llf®/ ®_ ® rrY.nni // I FHA/VA GRADING TYPES O .. rJ�m I.. IBLDCK LOTS LDT GRADING IBLOCKGRADING V N C, e+°r,{w__ a' I� ••m- sn 2 8-31 TYPEA TYPE Q a r' 111 B I11 I - Z 2 U 14 314 TYPEC TYPE3 A- 14 2}36 TYPEA TYPE `V-3 AFC -IL may' — 0 /(/ y — / /r l ./ i ' — .r L = I_ x�rrv. as�ts �1 m/u/xal a>vn 0 rsss 5�\ ORTWORT omo, orarawae ruT Lo - el.o v. � �� v ", cvnm ;aac w . anse as r s• weo. 0 10' I GRAD, G PLANS PROPOSED w°1Sfio ws s' min GRADING PLAN(5 OF 7) 42' ` MOCKINGBIRD ESTATES ir I_b. amo. nur o4 HYDRAULIC pa mas o - asesssaRh/ 2ND LOOK cFaOsaRuTsnWORTH. TEXAS .Gaham AssocatesJNuc, GRADE LINE R 9/26 /21 .........5 _ sscno. ss escnoN cc csAwa s waTREY B. , lI::c7 ,w + s«cE, ENS�o e.m.xz1 m aem on'4osw,E � � am Nm o re man I - 03.06 RETAINING WALL E —INC., aaaEcxno. zsa�-a�l DET AILS AND NOTES 111111 RWIII RETAINING WPLL LOCATION WI TYPICPL BATTER — RWil RETAINING WALL WI BUILDING SURCHARGE — P-1 RETAINING WALL WI FIRELANE SURCHARGE - RW6/1 MASONRY WALL SITE LAYOUT Le�R�o, ^'G MATCH SHEET 03.05 KEY MAP NVWfP��. N,411 — — — %pPo4D RW q0. 4-4CIId6 — — — N1Y LLg1Ym RlA IW-ffNf ROCOPVN N/P HR1 PORI � a�o.Re DkWINN FHAIVA GRADING TYPES (BLOCK LOTS LOTGRADING IIOIIGRADINGI 2 32-34 TYPEA TYPE I I 14 25.18 TYPEC TYPE 14 19-22 TYPEA TYPE 12 1-8 TYPEA TYPEI 12 17-24 TYPEA TYPE1 15 d"?u w . 1. Di N1n•ronl �.�Bw.,,o4 ORT WORT GRAD GG PLANS GRADING PLAN (6 OF 7) MOCKINGBIRD ESTATES 2ND LOOK FORT WORTH. TEXAS Graham weAb c°DaRa,mR.cwms 9/26/21 _ TREY B. oarH e. as .. II E* 03.07 �AXd, _ rvc., aaa[cirvo. 25a>--a5a 1 RWI II RETAINING WPLL LOCATION WI TYPICPL BATTER LLLEA — RW l RETAINING WP LWI BUILDING SURCHARGE — R-1 RETAINING WPLLWI FIRELANE SURCHARGE RW711 MASONRY WALL SITE LAYOUT 014, 5 H g 0 g 0 A EN`+1• e.m.xr RETAINING WALL DETAILS AND NOTES �rtR RW7 Q I� J 'lfN „C // / I'Exiadng Williams Road's 'EIIN W/Iiama Road• = �'Ezistlng Williams Road's I- �ar�� 1� �N w oA�.•nu P'�s� � 2ND LOOK 1.;ox^m 9/26/21 �o"0N"' �CTONB TREY B. [AxnM` _ rvc., aaa[cixo. 25a�--a5a 1 RWI II RETAINING WPLL LOCATION WI TYPICPL BATTER 111 RW1l RETAINING WALL WI BUILDING SURCHARGE — R-1 RETAINING WALL WI FIRELANE SURCHARGE RW8/1 MASONRY WALL SITE LAYOUT som.z, ununss�uxceQorzouxovav �oc cos.v ou¢iaisswvu nrvor�i'euPOron%xv` KEY MAP — — — PF6a5FD roa csass_sEmwas — — — RALY OMILPm fFW ,00-1f/A Raoo�N x/P Nx P4M Vc rro or axe ¢LVA,ax I FHA/VA GRADING TYPES I IBLOCK LOTS LOT GRADING SLOCKGRADINGI I 2 3541 TYPE TYPE, I I 11 1.3 TYPE TYPE" I I 11 4_7 TYPEA IYPEl I I 12 9-12 TIP EA TYPE1 I 12 1613 TYPEA TYPEI (Z., DO { wPHwlc Qmnnox, msn .,�aas,na ORT WORT GRADI G PLANS GRADING PLAN (7 OF 7) MOCKINGBIRD ESTATES FORTWORTH.TEXAS ©G�ham Assodate�s,lnc. coxa�x,raFxcaeeasaw.xxms II 5 N RETAINING WALL DETAILS AND NOTES �rtR RW8 Q� _ I SWFIVIA EXHIBIT C I Huffines Communities 8200 Douglas Ave. — Suite 300 Dallas, TX 75225 April 25, 2023 Project: Mockinabird Estates 7250 Randol Mill Rd. Fort Worth, TX 76120 From Date of Substantial Completion MAINTENANCE AND DEVELOPMENT GUIDELINES The following information is an integral part of the warranty relating to your retaining wall system. The useful life of any retaining wall system is contingent, to a significant degree, upon the maintenance practices of the owner. For the retaining walls to function as intended, these Guidelines must be followed. Failure to adhere to these Maintenance and Development Guidelines will void this warranty. 1. Design and Layout. The retaining walls are constructed according to engineering specifications. Structural drawings show that, for any specific wall height, there is a particular footing depth and wall thickness. Therefore, it is imperative that no additional materials, or extra height, be added to the retaining walls without the express written consent of C&W Stoneworks and the structural engineer of record. Unless specifically shown on the structural engineering drawings, none of the retaining walls were designed to accept surcharge from building foundations or any other structures (including swimming pools or other retaining walls). Therefore, it is imperative that no structures are built in close proximity to the retaining walls. Any structure must be at least 1.5 times the height of the wall away from the wall (i.e., if there is a 10' tall wall, do not build within 15' of it). However, any structure that is located above the wall should be placed far enough behind the wall so that no surcharge is placed on the walls. A second option would be to design the additional structure in a manner which alleviates surcharge on the walls all together (i.e., using piers or extended footings or grade beams to carry surcharge below the bearing influence line of the retaining wall). Prior to construction, any structure not shown on the structural engineering drawings must be approved in writing by C&W Stoneworks and the structural engineer of record. Swimming pool construction must always be preceded by the review, analysis and design of the swimming pool for this specific location by a licensed and qualified structural engineer of record. The grading and drainage on the site was reviewed as part of the plans and accepted by the structural engineer. Any attempt to "under -cut" or remove soils below, underneath or down hill from the retaining walls will create a propensity for movement and wall failure. Consequently, no excavation or grade work should be done below the retaining walls without the express written consent of an authorized representative of C&W Stoneworks and the structural engineer of record. 2. Maintenance. One of the major ways of creating problems for retaining walls is by not allowing positive drainage to go over the top of the wall (or away from the wall if required). It is the responsibility of the owner to maintain proper soil behind the retaining walls, so the grade is not allowed to sink or settle below the top of wall. This would force water to "pool" and infiltrate the backfill of the retaining walls. In areas where drainage is intended to run parallel or away from the walls (negative slope), it is particularly important that swales are cut above and below the retaining walls to carry water away from the walls. Furthermore, the owner is then responsible for maintaining the swales to ensure that water drains as intended. Down spouts should also be reviewed for location and proximity to the retaining walls. They should never be allowed to dump water behind the retaining walls. The first recommendation regarding down spouts is to divert the flow of down spout water to the front of the home or building if the existing surface grade permits this type of drainage. The second recommendation is to connect the down spouts to a minimum 4" diameter solid PVC pipe and extend the pipe through the top portion of the retaining wall, about 1'-0" down from the top of the wall. A minimum slope of 0.5 % slope (6" in 100') should be provided for the pipe drainage. Provide a 45-degree elbow where the pipe exits the face of the retaining wall to direct the flow of the water downward. Immediately below the pipe discharge provide a minimum 6'-0" by 6'-0" area of 4" to 12" rock riprap for erosion control. 0) Area drain boxes may be connected to the 4" diameter PVC drainpipe to facilitate surface drainage on the property. The drain boxes should be kept free and clear of debris. If area drain boxes are not a viable option, then the use of concrete splash blocks (long enough to reach the top of the walls) are recommended to channel water over the top of the retaining walls. This will reduce the risk of erosion of the soils above the walls. If the flow of the water over the top of the wall is concentrated and has the potential for erosion at the base of the wall, then rock riprap should be placed at the bottom of the retaining wall to prevent erosion. The weep holes located at the bottom of the retaining walls should be kept free and clear of debris, and they should never be covered or blocked. Weep holes are not designed as drains for surface water. They are designed and installed to relieve hydrostatic pressure behind the retaining walls. During construction activities, it is also important to keep equipment (other than ordinary mowing equipment) away from the retaining walls. In fact, it is recommended that all such equipment remain at least 1.5 times the height of the wall away from the walls (and never come within 5' of any walls, regardless of height). 3. Summary. Although it is impossible to raise all the items or actions which are potentially detrimental to retaining wall systems, these Guidelines are designed to highlight commonly encountered problems and actions which have an adverse impact on retaining wall systems. It should also be understood that actions contrary to those noted above will void the foregoing warranty on the retaining walls. That is not our intent, however. The intent of this information is to educate and inform those responsible for maintaining the retaining wall system at the Project. By following proper maintenance, work and construction techniques, there is no reason why the retaining walls constructed by C&W Stoneworks should not last for many, many years. Proper maintenance and care, as well as future improvements which have been designed for use in conjunction with the retaining wall system, have a direct impact on the ability of the retaining walls to perform as intended. 3 4. Warranty. C&W Stoneworks, LLC warrants that all labor and materials furnished, and work performed, by C&W Stoneworks on the Project has been furnished and performed in accordance with the scope of work set forth in the governing Proposal, Subcontract, Contract or Work Order and in accordance with the applicable plans and specifications described therein, as modified by any authorized alterations and additions thereto ("C&W Stoneworks' Work"). Should any defect in C&W Stoneworks' Work occur due to improper materials or workmanship and C&W Stoneworks is given written notice thereof during the period of one (1) year following the date of substantial completion, C&W Stoneworks will repair or replace such defective Work without expense to the owner of the Project. This warranty excludes, however, defects or damage caused by normal wear and tear during normal usage, use for a purpose for which C&W Stoneworks' Work was not intended, improper or insufficient maintenance and abuse. In the event a warranty claim is required, please contact: C&W Stoneworks, LLC 3628 Liston Lane — Suite 100 Euless, Texas 76040 Telephone: 817-229-5981 or 214-507-2381 Email: Kevin(�CWStoneworks.com Mike(ii,C WStoneworks.com Trev(d),C WStoneworks.com C&W Stoneworks, LLC By: Trey Bingham 4 Date: / /ZS/ Z3