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HomeMy WebLinkAboutContract 60656Date Received: 12/28/23 -------Permit No.: SWFMA-23-0091 Time Received: 10:3 0AM City Secretary No.: _6 _0_6_5_6 ___ _ REVOCATION OF STORMW ATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into by and between D.R. Horton - Texas, Ltd., a Texas limited partnership, hereinafter referred to as "Landowner", the Rosewood at Beltmill Residential Community, Inc., a Texas nonprofit corporation, hereinafter referred to as "Association", and the City of Fort Worth, hereinafter referred to as "City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property described as a tract located in the B. Thomas Survey, Abstract No. 1497, Tarrant County, Texas according to the deed recorded in Instrument No. D220334094 in the Deed Records, Tarrant County, Texas, hereinafter called the "Property". WHEREAS, the Landowner applied for certain development permits for the Property with the City of Fort Worth in approximately 2022, however the anticipated development did not subsequently occur; and WHEREAS, the Landowner and City executed a Stormwater Facility Maintenance Agreement ("Agreement") for the drainage facilities anticipated to be constructed during development, and which was filed with the City as City Secretary Contract No. 56317 and which is recorded in Instrument No. D222016070 in the Deed Records, Tarrant County, Texas;and WHEREAS, the Landowner and City wish to revoke said Stormwater Facility Maintenance Agreement because it is moot by virtue of the anticipated drainage facilities having never been constructed, and it is in the interest of the parties to revoke the Agreement; and REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT Revised 03/01/2022 BN Page 1 of 5 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 Stormwater Facility Maintenance Agreement (City Secretary Contract No. 56317) recorded in Instrument No. D222016070 in the Deed Records, Tarrant County, Texas is hereby revoked, and the obligations of the parties as stated therein are mutually terminated. 2. The parties to this Revocation represent that the foregoing recitals are true, that they possess sufficient interests in the Property to make this Agreement, and that they are legally authorized to execute this agreement. 3. This Agreement shall be recorded among the deed 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 owners association. [THE REMAINDER OF THIS PAGE TO REMAIN BLANK] REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT Revised 03/01/2022 BN Page 2 of 5 d f December 2023 Executed this _2_8_th__ ay o -------- CITY OF FORT WORTH Dana Burghdoff Assistant City Manager City of Fort Worth Date: Dec 26, 2023 Approved as to Form and Legality: Thomas Royce Hansen, Assistant City Attorney II City Attorney's Office Date: Dec 21, 2023 ATTEST: Jannette S. Goodall City Secretary Date: Dec 28, 2023 LANDOWNER D.R. Horton -Texas, Ltd., a Texas limited partnership By: D.R. Horton, Inc. a Delaware Corporation Its: Authorized Agent 7 ------?.J' By: Justin Bosworth Its: Assistant Secretary Date: ASSOCIATION Rosewood at Beltmill Residential Community, Inc., a Texas nonprofit corporation / 7 l3y: Justin Bosworth Its: Director Date: ----=---'---"4-'-/_t_,<-.s.-/4-'C--.l---z- 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 Owen Development Manager Date: Dec 21, 2023 REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT Revised 03/01/2022 BN Page 3 of 5 STATE OF TEXAS COUNTY OF TARRANT 0 r� � This instrument was acknowledged before me on December 26, 2023 by Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. tR P� KATHLEEN BRADFOQU z Neiary Pu61ic � � t STATE OF TD(AS `� �'V `° NnYary I.D, i2197197 oF� hAy Comm. Fx , Apr. i2, 2427 LANDOWNER STATE OF ��. �Q. S COUNTY OF � y r'q,,�"� KGi�Z.�i��.C�(!./7i ���8� Notary Public, State of exas � § BEFORE ME, the undersigned authority, a Notary Public in and for the State of ���5�, on this day personally appeared �(,�`�,K, ,�s,{�JOr� (name), ���,�'S �{f-� ��r,L rN (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 stated. (entity), a �(entity type) and in the capacity therein GIVEN LTNDER MY HAND AND SEAL OF OFFICE this �/ r day of (�/k-nl f� , 20�. 'J III I I III III IIIIIII IIIIIIII III II I�IIIIIIiIIII III IIIIIIIIIIIIIIiIIIIiIII IIIII III IltllllllL = SPRY �UB KAYLEIGH JO TAMBUNGA _ _ � Notary ID #126900923 = � _ �,, % � My Commission Expires - _ ��E pF 1'�+ June 14, zozs = Not ry bli , tate f ;iuunuwumnmuuuwnummmummmuuuummuunuunuum� REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD Revised 03/01/2022 BN Page CITY SECRETARY FT. WORTH, TX ASSOCIATION STATE OF �,r a S COUNTY OF �rrCt n.�'�"" This instrument was acknowledged before me on �2//� 23 by, (,�p�- , authorized representative, acting on behalf of _ �)DOct. ar� �_�1i� Homeowners Association. 'J ill II I II I I I I � It I I I II I I I I II I II I II II I I II I I II I I II I I I I �I Ii l ll l l l lI Iilll�Il III II II I IIIII I II IL = Z��a� °�e^ KAYLEIGH JO TAMBUNGA _ — Notary ID #126900923 — a s„ � My Commission Expires = � y�Of�'+ June 14, 2025 - � _ ;t�lUluIItlI11U1111� Iili�ItI111�I111111111t1111tII1�Ii11101111ItIl1llIIiIIIlI11111111fe , / I� / ,� � i �_� �_ . • .`��' �,l �� � REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT Revised 03/0112022 BN Page 5 of 5 D222016070 01/19/2022 08:15 AM Page: 1 of 18 Fee: $87.00 Submitter: COFW TPW STORM WATER DEV Electronically Recorded by Tarrant County Clerk in Official Public Records -���,� MARY LOUISE NICHOLSON COUNTY CLERK Date Received: O1/18/2022 Time Received: 9�04 AM Permit No.: SWFMA-21-0085 City Secretary No. • 56317 STORMWATER FACILITY MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day 11 of �an. , 20 22 , by and between D.R. Horton — TX, Ltd., acting by and through Benjamin M. Clark, its duly authorized Assistant Vice President hereinafter referred to as "Landowner", the Rosewood at Beltmill Residential Community, Inc., hereinafter referred to as "Association" and the Ciry of Fort Worth, hereinafter referred to as "City". WITNESSETH WHEREAS, the Landowner is the owner of certain real property of certain tract lacated in the B. Thomas Survey, Abstract 1497, Tarrant County, Texas according ta the deed recorded in Instrument Number D220334094 County 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 Beltmill Phase 1 hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner and Association provides for management of Stormwater within the confines of the Property; and WHEREAS, the City and the Landowner and Association, and their successors and assigns, agree that the health, safety and welfare of the residents of the City of Fort Worth, Texas require that on-site Stormwater Management Facilities be constructed and maintained on a portion of the Property; and STORMWATER FACILITY MAINTENANCE AGREEMENT � Rev. 11/19/2020 JLE D222016070 WHEREAS, the City requires that on-site Stormwater Management Facilities ("Facility") as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including Association, the location and dimensions of which is shown and more particularly described by metes and bounds in the attached Exhibit "A" ("Facility Property"); and WHEREAS, Landowner agrees to convey the Facility Property to the Association and the Association agrees to accept the Property where the Stormwater Facility is lacated. NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: 1. The Landowner and Associatian, its successors and assigns, shall adequately construct and maintain the on-site Storrnwater Management Facility ("Facility") at no expense to the City of Fort Worth in accordance with the design specifications for the Facility, attached as Exhibit "B", and the current standards then in force and effect in the City of Fort Worth and with the Operations and Maintenance Plan attached to this Agreement as Exhibit "C". The Stormwater Facility includes all pipes, channels or other conveyances built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. The Stormwater Structural Control Maintenance Checklists, attached to this Agreement as Exhibit "D", are to be used to establish what good working condition is acceptable to the City. 2. The Landowner and Associatian, its successors and assigns, shall inspect the Facility and submit an inspectian 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 Facilities, berms, outlet structure, pond areas, STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 11l19/2020 JLE Page 2 of 18 2 D222016070 access roads, etc. Components of the Facility, which need maintenance or replacement to perform their design function, shall be noted in the inspection report along with the corrective actions to be taken. 3. The Landowner and Association, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the Facility Property whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 4. In the event the Landowner and the Association, its successors and assigns, fails to maintain the Facility in good working condition as specified herein, the City, its authorized agents and employees, may enter upon the Facility Property and take whatever steps necessary to correct deficiencies identified in the inspection report and to charge the costs of such repairs to the Landowner, its successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Facility, and in no event shall this Agreement be construed to impose any such obligation on the City, such obli�ation is Landowner's. 5. The Landowner and the Association, its successors and assigns, will perform the work necessary to keep the Facility in good working order as appropriate. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the City hereunder. In the event that Landowner or its successors or assigns fail ta pay the City for the costs incurred under this section, the City shall impress a lien for the costs of such work upon other lots owned by the Landowner or the Association. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas an affidavit STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 11/19/2020 JLE Page 3 of 18 3 D222016070 identifying the property to he charged with such lien, stating the amaunt thereof, and making reference ta this Agreement. 6. This Agreement imposes no liability of any kind whatsoever on the City. THE LANDOWNER AND ASSOCIATION AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER AND ASSOCIATION COVENANT AND AGREE AND DOES HEREBY INDEMNIFY HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGI-�T ARISE, FROM THE FAILURE OF LANDOWNER OR ANY FUTURE OWNERS OF THE FACILITITY PROPERTY TO MAINTAIN THE FACILITY, INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF THE DETENTION POND; ANY DAMAGES CAUSED TO PERSON OR PROPERTY DUE TO {1) FLOODING OF THE POND AND ITS BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE POND, OR (3) FAILURE OF THE POND OR ITS BANKS TO OPERATE IN A MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA; OR FAILURE TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS HEREUNDER. 7. Landowner and Association covenants and agrees that no habitable building shall be erected within the drainage easement outlined on Exhibit "A" but this paragraph shall not preclude construction of other improvements within the drainage easement, which do not impede drainage. Landowner and Association covenants and agrees that no habitable building shall be erected on the above property abutting such easement which shall have a finished floor at an elevation less than two feet above the maximum depth of water in the detention pond which would occur during a 100 year frequency flood. $. 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 STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 11/19/2020 JLE Page 4 of 18 4 D222016070 on the Landowner, its administrators, executors, assigns, heirs and any ather successors in interests, including any property owners association. 9. Notwithstanding anything ta the contrary contained or implied elsewhere herein, it is expressly agreed and understood that the liabilities, indemnities and obligations of D.R. Horton — TX. Ltd. as Landowner hereunder shall expire and be of no further force or effect upon the transfer ("Transfer") by D.R. Horton — TX, Ltd. to the Association of legal title to the Facility Property, save and except for any liabilities, indemnities and obligations of D.R. Horton — TX, Ltd. as Landowner hereunder which have accrued and are due, payable andlor performable as of the date of the Transfer and which shall expressly survive the Transfer. [REMAINDER OF THIS PAGE TO REMAIN BLANK] STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 11/19/2020 JLE Page 5 of 18 5 D222016070 Executed this llth CITY: �� day of �anuary DJ Harrell, Development Services Director City of Fort Worth Date: �an 11, 2022 Approved as to Form and Legality: �'�'����w��-�'���`� on behalf of Christa Reynolds, Sr. Asst. City Attorney City Attorney's Office Date: ��n 11, 2022 ATTEST: � dd���%�� 3annette Goodall, City Secretary City of Fort Worth Jan 14, 2022 Date: STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 11 H 9l2020 J LE 20 22 LANDOWNER: i Benjamin M. Clark, Assistant Vice President D.R. Horton — Texas LTD. Date: _� l '3 2l _ ASSOCIATIOI� / �J���r �h �,1. � Ct_ �l� Date: 10/22/21 Contract Compliaoce 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. �.�,�,��r �z.,�.��.�,,��``�''�{ Janie S. Morales, Planning Manager Development Services Date: �an il, 2022 � Page 6 of 18 D222016070 Page 7 of 18 STATE OF TEXAS COUNTY OF TARRANT § 0 This instrument was acknowledged before me on Jan 11, 2022 by DJ Harrell, Development Services Director of the City of Fort Worth, on behalf of the City of Fort Worth. DigitallysignedbyBichson Bichson Nguyen N9�Ye� Date: 2022.01.12 10:20:49 -06'00' O,�p,RY�'(�e/ BICH SON THI NGUYEN Notary Public, State of Texas 2 �1 � Notary Public * �[7 + STATE OF TEXAS � GV Q Notary I.D. 133389224 9�F�F�+ My Comm. Exp. Oct. 13, 2025 STATE OF TEXAS COUNTY OF TARRANT Before me, the ( p � C�^'� In� ✓ LVIiA�,nivl II � 0 undersigned authority � 2fl2� > on this 3 �`' personally day of appeared v ` , known ta me to be the person whose name is subscribed to the foregoing instrument and acknowled ed to me that the same is the act of � a�►d o�w , and that he executed the same as its �►�.dOW�tW and as the act of such (.,ar,v►,aj,�/vLQ,✓ and for the purposes and consideration expressed in the foregoing instrument. yC�u�,l� � Notary Public, State of Texas ,,,���,,,; �PRYPj'c�;. RUTH RESE�JDE .�� � Notary p�b�:� Z ,�v� , State of Texas F ..,G-�,� Comm. Ex� i '����� �p,..,i3178137522; STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 1 111 9/20 20 JLE 7 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX D222016070 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on D��bev 22 �?,OZ ( by, �j� t a �/t1 j� �. �, � Gl V� , authorized representative, acting on behalf of the ��(.4v�tlt'�GSidGt�{iaf �u�tuh;�h./ HomeownersAssociation. r ����!y�P°�i,,� RUTH RESENQEZ � �F�... V9� .. ��� �,Nctary Public, State of Texas �i=,i ���"; Comm. Expires 11-01-7_022 •��,o�-��.� (�Ota�y I`� 131781375 �.''' nri� � ��v� � � �i/%i i ii_� / %�� I e�c'_,�f'-��`.�-�1 .� Notary Public, State of Texas Page 8 of 18 STORMWATER FACILITY MAINTENANCE AGREEMENT Rev. 11/19/2020 JLE [� D222016070 EXHIBIT A Page 9 of 18 Page 1 of 3 Description of a SWFMA Area BEING a tract of land situated in the B. Thomas Survey, Abstract Number 1497, City of Fort Worth, Tarrant County, Texas, being a portion of that tract of land described by deed to D.R. Horton-Texas, LTD., recorded in Instrument Number D220334094, County Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with plastic cap stamped "Peloton" found at the southwest corner of said D.R. Horton-Texas tract, being the northwest corner of that remainder tract of land described by deed to Beltmill Saginaw, LLC., recorded in Instrument Number D220330746, said County Records and being in the east right-of-way line of the Fort Worth and Denver Railroad (a called 100' right-of-way); THENCE N 89°12'38"E, 273.39 feet, with the south line of said D.R. Horton-Texas tract and the north line of said Beltmill Saginaw tract, to the POINT OF BEGINNING, from which a PK nail found in asphalt at the southeast corner of said D.R. Horton-Texas tract bears N 89° 12' 38"E, 3243.95 feet; THENCE N 31°41'35"W, 25.04 feet, departing said common line over and across said D.R. Horton-Texas tract, to the beginning of a non-tangent curve to the left; THENCE with said non-tangent curve to the left, an arc distance of 2.08 feet, through a central angle of O1 °35'22", having a radius of 75.00 feet, the long chord which bears N 57°30'44"E, 2.08 feet; THENCE N 56°43'03"E, 153.69 feet, to the beginning of a curve to the left; THENCE with said curve to the left, an arc distance of 148.97 feet, through a central angle of 03°22'49", having a radius of 2525.00 feet, the long chord which bears which bears N 55°O1'38"E, 148.95 feet; THENCE N 53°20' 14"E, 89.29 feet; THENCE S 81 ° 18' 39"E, 14.06 feet, to the beginning of a non-tangent curve to the right; THENCE with said non-tangent curve to the right, an arc distance of 211.33 feet, through a central angle of 04°57'08", having a radius of 2445.00 feet, the long chord which bears S 33°22'00"E, 211.26 feet; THENCE S 30°53'27"E, 2.48 feet; THENCE S 59°06'35"W, 25.00 feet, to the beginning of a non-tangent curve to the left; Peloton Job No. LHI,19001 Tracking No. na FTW September l4, 2021 G:\JOB\LHL19001_CRANZ\MASTERDEV\_SURVEY�EASEMENTS\LEGALS\LHL19001_EA25.DOCX Page 1 of2 D222016070 Page 10 of 18 EXHIBIT A Page 2 of 3 THENCE with said non-tangent curve to the, an arc distance of 196.29 feet, through a central angle of 04°38'S0", having a radius of 2420.00 feet, the long chord which bears N 33°09'20"W, 196.23 feet; THENCE S 53°20' 14"W, 73.90 feet, to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 150.44 feet, through a central angle of 03°22'49", having a radius of 2550.00 feet, the long chord which bears S 55°O1'38"W, 150.42 feet; THENCE S 56°43'03"W, 156.47 feet to the Point of Beginning and containing 15,012 square feet or 0.345 acres of land more or less. ``Integral parts of this document" 1. Description — 2 Pages 2. 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D222016070 Exhibit "C" CITY OF FORT WORTH DRAINAGE CHANNEL FACILITY OPERATION AND MAINTENANCE PLAN The only responsibility the City of Fort Warth 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 tinzes 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 shawn 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. DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev_11/19/2020 JLE Page 16 of 18 � D222016070 Exhibit "D" Drainage Channel Structural Maintenance CHECKLIST Page 17 of 18 FREQUENT REPAIRS REPAIRS INSPECTION DATE �QUIRED MADE NOTES Mowin Reinove Trash and debris Inspect irrigation s stem o eration Remove grass cli in s Violations Noted MINOR INSPECTION Candition of Channel Amount of silt in ond Amount of silt in flume Amount of ponded water Amount of wetland ve etation Location of Erosion Percent of ve etation Condition of trash uard Location of Erosion MAJOR INSPECTIONS Condition of Storm Water Quality Structure Type of Storm Water ualit Structure Structure type and Condition Candition of Ri -Ra Candition of filtration s stem DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev_11/19/2020 JLE D222016070 Page 18 of 18 Berm or Embankment Settlement Location of erosion Evidence of Animals Evidence of Aquatic life Condition of Aeration Faundation DRAINAGE CHANNEL MAINTENANCE AGREEMENT Rev_11/19/2020 JLE 10