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HomeMy WebLinkAboutContract 54834-EC1Date Received: 04/22/24 Time Received: 3:20 p.m. Record Number: SWFMA-24-0047 City Secretary Contract No. 54834-EC1 ESTOPPEL CERTIFICATE TO: Vaquero Multifamily, LLC and its assigns ("Purchaser") FROM: City of Fort Worth ("COFW ") RE: Retaining Wall Maintenance Agreement recorded in County Clerk's File No. D220300788 and County Clerk' s File No. D220305944 of the Official Public Records of Tarrant County, Texas, and attached hereto as Exhibit "A" (collectively, the "Maintenance Agreement") Ladies and Gentlemen: NexMetro Trails, LP ("Seller") is selling or has sold (the "Sale") to Purchaser the real property and improvements located at 5669 Altamesa Blvd. in Fort Worth, Texas (the "NexMetro Tract"). Capitalized terms not otherwise defined herein have the meanings assigned to them in the Maintenance Agreement. The undersigned, with the understanding that Purchaser shall rely on the information contained herein in connection with the Sale, hereby certifies to Purchaser that as of the date hereof: 1. The Maintenance Agreement is in full force and effect, and has not been modified, supplemented, or amended, except as set forth above. 2. Seller and the NexMetro Tract are in full compliance with the requirements, conditions, obligations, and covenants contained in the Maintenance Agreement. 3. To COFW's knowledge, no uncured breach or default, or event that with the passage of time or the giving of notice, or both, would constitute a breach or default, exists under the Maintenance Agreement on the part of the NexMetro Tract or Seller. 4. To COFW's actual knowledge, no monetary obligations which would be binding on the Purchaser are presently due from Seller to COFW under the Maintenance Agreement, including but not limited to any reimbursements to COFW for work necessary to keep the Facility in good working order. 5. The statements contained herein may be relied upon by Purchaser and its successors. The undersigned has authority to execute this estoppel certificate. 6. A photocopied, scanned, telecopied, or other electronic signature shall have the same force and effect as an original signature for all purposes. (SIGNATURE PAGE TO FOLLOW) 04-16-24 Executive Session 1 Estoppel Certificate OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH Rana Surghdo:ff Dana Burghdoff(Apr2 02a1259 CDT) Dana Burghdoff, Assistant City Manager Date: Apr 20, 2024 ATTEST: Jannette Goodall City Secretary Date: Apr 22, 2024 Approved as To Form and Legality Matthew Murray Senior Assistant City Attorney Date: Apr 18, 2024 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 (Apr 18, 2024 14:43 CDT) Rebecca Owen, Planning Manager Development Services Date: Apr 18, 2024 2 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Estoppel Certificate **THIS PAGE FOR CITY OF FORT WORTH OFFICE USE ONLY** STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Dana Burghdoff, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of the City of Fort Worth, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this20th day of April 20 24 . Notary Public in and for the State of Texas After recording return to: Development Services Department Development Coordination Office 200 Texas Street Fort Worth, Texas 76102 BROOKE BONNELL Notary Public STATE OF TEXAS Notary I.D. 134009525 My Comm. Exp. Oct. 11, 2026 3 Estoppel Certificate EXHIBIT "A" -MAINTENANCE AGREEMENT 4 Estoppel Certificate =INA11/17/2020 11:32 AM Page: 1 of 21 Fee: $99.00 Submitter: COFW TPW STOW/WIN/4 Recorded by Tarrant County Clerk in Official Public Records � i, MARY LOUISE NICHOLSON COUNTY CLERK 3:04 PM DOE # RETAINING WALL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 10 day of November2020 by and between NexMetro Trails, LP, acting by and through Ryan Griffis, hereinafter referred to as "Landowner", and the City ofl'ort Worth, hereinafter referred to as "City". WITNESSETI I WHEREAS, the Landowner is the owner of certain real property described as an approximately 1,176,881 square foot tract located in the J. Heath Survey. Abstract No. 641, Fort Worth, Tarrant County, Texas according to the deed recorded in Document No. D217030190, Official Public Records, Tarrant County, Texas and being more particularly described by metes aiid bounds in Exhibit "A", hereinafter called the "Property". WI-IEREAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as Avilla Trails Addition, hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner provides for the construction and maintenance of a Retaining Wall Facility on a portion of the Property; and; WI-IEREAS, 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 and assigns, the location and dimensions of which is shown on the attached Exhibit "A" ("Facility Property"); and; RETAINING WALL MAINTENANCE AGREEMENT Rev, 4/2007 1 *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 1 Of 21 D220300788 Page 2 of 21 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: 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 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 RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 2 *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 2 Of 21 D220300788 Page 3 of 21 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 fling in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property to be charged with such lieu, 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 FU 'ORE OWNERS OF 1'HE 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 FOOTING, , AND (2) AND FAILURE OF THE RETAINING WALL AND ITS FOOTING TO OPERATE IN A MANNER CONSISTENT RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 3 *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 3 Of 21 D220300788 Page 4 of 21 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 pinning 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. Executed this 10_ day of November Landowner: NexMettu 'Trails, LP a "Texas Foreign Limited Partnership By: NIMMD Trails GP, LLC its sole general partner By: NexMetro Development, l.LC its manager By: Name: Ryan Grr 'f s Title : Managing Director RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 20 A. City: City of Fort Worth Z��a �/0 ae.. off INov 10,2 1- C51 barIJI-gt_IPI tt)OF{' Assistant City I\/tanager Approved as to Form and Legality Christa R. Lopez -Reynolds Christa R.I opo.-Rcy.c d- INov lu, 'Ago 18,9 CST, Assistant City Attorney ATTEST (Y 9- City Secretary 4 *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 4 Of 21 D220300788 Page 5 of 21 STATE OF 'TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on November 11 2020 by 6A6 41\+r Y)Cu, Assistant City Manager of the City of Fort Worth, on behal f of the City of Fort Worth. 20,P0.YP4e c� LAURIE PEQUENO LEWIS Notary Public * * STATE OF TEXAS "), _44 Notary I.D. 132278952 " OFjG. My Comm. Exp. Dec. 10, 2023 STATE OF TEXAS COUNTY OF TARRANT § LAURIE PEQUENO LEWIS Digitally signed by LAURIE PEQUENO LEWIS Date: 2020.11.11 19:23:26 -06'00' Notary Public, State of Texas Before me, the undersigned authority on this day personally appeared t2�A,1 6-w.Fa+t5 to me to be the person whose name acknowledged to me that -- 12-AILS , L-(R M/IA+IAG,iNo- 7>taa, roA and as the act of consideration expressed in the foregoing r tR.0 RACHEL RIMA Notary ID q 129048500 My Commission Expires February 1, 2023 RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 , known is subscribed to the foregoing instrument and the same is the act of , and that he executed the same as its such kr,,a,,,,, r7, „,4 and for the purposes and instrument. Notary Public, State of Texas 5 *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 5 Of 21 D220300788 Page 6 of 21 Contract Compliance Manager By signing I acknowledge that 1 am. the person responsible For the monitoring and administration of this contract, including ensuring all performnncc and EPorti.ngrequiremerlts. 14V-lIi,24,-i" Janie S. Morales .Development Services id'ana4er *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 6 Of 21 D220300788 Page 7 of 21 EXHIBIT "A" BEING a tract of laud situated in the J. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, the subject tract being part of a tract of land conveyed as "Tract 1" to Kroger Texas L.P., according to the deed recorded in Document No. D217030190 of the Official Public Records, Tarrant County, Texas (OPRTCT), and being all of Lots 1B and IC, Block 1, Weatherby Farms Addition, an addition recorded in Document No. D212174812 OPRTCT, with the subject tract being more particularly described as follows: BEGINNING at a 5/8" iron rod with plastic cap found for the northeast corner of Lot 1, Block 1, Weatherby Farms Addition, and the southwest corner of Lot 1B, Block 1; THENCE S 89°24'07" W, 680.30 feet along the north line of Lot 1 to a 5/8" iron rod with plastic cap found on the east line of the Fort Worth and Western Railroad, a called 100 foot wide right-of-way; THENCE along the east line of said railroad, the following: N 00°07'28" E, 40.97 feet; N 02°09'28" F, 100.00 feet; N 04° 11'28" E, 100.00 feet; N 06°13'28" E, 100.00 feet; N 08° 15'28" E, 100.00 feet; N 10°17'28" E, 100.00 feet; N 12°19'28" E, 100.00 feet; N 14°09'28" E, 80.30 feet; And N 14°37'31" E, 705,59 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set on the south line of a permanent right-of-way easement recorded in Document No. D209318516 OPRTCT; THENCE S 75°00'55" E, 369.41 feet along the south line thereof to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; THENCE departing said easement, into said Tract 1, the following: S 14°54'47" W, 64.72 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 00°46'47" E, 400.99 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 75°00'07" E, 530.20 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; RETAINING WALL MAINTENANCE AGREEMENT Rov. 412007 6 *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 7 Of 21 D220300788 Page 8 of 21 N 71°06'47" E, 198.57 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 00°46'47" E, 115.95 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 89°12'40" W, 220.43 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 00°47'20" E, 145.60 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; And N 89°13'47" E, 300.42 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set on the west line of another permanent right-of-way easement recorded in Document No. D209075491 OPRTCT; THENCE S 00°47'13" F., .50.00 feet along the west line thereof to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; THENCE S 89°13'47" W, 300.22 feet departing said easement, into "Tract I, to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; THENCE S 00°46'13" E, 608,68 feet through said Tract 1 to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set on the north line of Lot IA, Block 1, Weatherby Farms Addition; THENCE along the north line of Lot lA, the following: S 89°59'36" W, 4.54 feet; A tangent curve to the left having a central angle of 12°59'06", a radius of 533.00 feet, a chord of S 83°30'03" W - 120.54 feet, an arc length of 120.79 feet; A reverse curve having a central angle of 12°23'37", a radius of 467.00 feet, a chord of S 83° 12' 19" W - 100.82 feet, an arc length of 101.02 feet; S 89°24'07" W, 83.87 feet; A. tangent curve to the right having a central angle of 45°08'57", a radius of 34.00 feet, a chord of N 68°01'24" W - 26.10 feet, an arc length. of 26.79 feet; A reverse curve having a central angle of 45°08'57", a radius of 61.00 feet, a chord of N 68°01'24" W - 46.83 feet, an are length of 48.07 feet; And S 89°24'07" W, 47.98 feet to the southwest corner of Lot IC, being on the east line of Lot l; THENCE N 02°27'19" W, 166.36 feet along the east line thereof to the to the POINT OF BEGINNING with the subject tract containing 1,176,881 square feet or 27.017 acres of land. RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 7 *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 8 Of 21 D220300788 Page 9 of 21 METES & BOUNDS BEING a tract of land situated in the J. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, the subject tract being a portion of a tract of land conveyed to NexMetro Trails, LP according to the deed recorded in Document No. D220029849 of the Official Public Records, Tarrant County, Texas (OPRTCT), the subject tract being more particularly described as follows: BEGINNING at a point from which the eastern inverted corner of the overall tract bears S 54'22'44" E, 372.75'; THENCE S 80°33'49" W, 11.00'; THENCE N 09°26' 1 1 " W, 38.14'; THENCE N 80'33'49" E, 11.00'; THENCE S 09°26'11" E, 38.14' to the POINT OF BEGINNING with the subject tract containing 420 square feet or .010 acres of land, I Et G1NEERINNG 6, SURVEYING t. 11,311, 109 n 'I000. i 1fY R:IMPS IGNn FG1Z1 y IMPS`to.`io :310e • t.........d. nZ;a.: Drawn: Checked: Date Job Na PAGE 1 OF 13 EXHIBIT A - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A AVILLA TRAILS ADDITION MEE CITY OF FORT WORTH, TEXAS Drae:ry: C:\2019 JC85\19-099 tk,Netm - Aicaeso\19-099 lcll Aelntmose EM'!St,.dng Saved By welt, Save Sae: 10/28/2020 e05:09 A•.1 MTM 10/7/2020 19-099 Plotted by: melting Plot Date: 10/20/2020 8:08 AM *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 9 Of 21 D220300788 Page 10 of 21 Proposed Fully Developed 100— Year Floodplain Proposed Floodplaln Esmt. SPIARS ENGINEIY.RING e4 SURVETI,dt.l 1lNtl. 4n a IC'J • Pam lX /SO:.r /e.42.2Ct1(/ 2. . ia.PS tJo_ p-li: 0 • qr.. .n /; • IV 8(1.33'49" L 11.00' S 80'33'49" 11.00' -a Wall rvli initema1)ce Area 0.010 Ac. '. (420 S.F.) Proposed Private Retaining Wall 10 10 20 1" = 20' Basis of bearing derived from the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, (2011). Proposed Lot 1, Block A AVII I A TRAILS ADDITION PAGE 2 OF 13 EXHIBIT B - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A Drawn: Checked: Date Job No. AVILLA TRAILS ADDITION MEE MTM 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS Droacg: 0\2019 JOBS\19-099 kcahtm — Momesa\19-099 !al irdntenanu 66'Cll 099 Smed B: Ac•o-g Save 1:me. 10/28/2020 8:06:09 AV Plotted by: mew,ng Plot Dote: 10/28/2020 8:08 Att *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 10 Of 21 D220300788 Page 11 of 21 Proposed Fully Developed 100— Year Floodplain Poposed Floodplain csfnt. A 775 770 765 760 Existing Ground A Prop. Ground TW768.50 BW768.001 z / 775 Prop. Fite tole Prot Prop. Nt Wall 770 765 /60 0+00 0+35 Section 'A -A' 1"=20':H 1"=2'• V B1,1765.90 TW769.901 Proposed PrivatS Retaining Wall 11'1770.50 8W765.00 fT6771.10 IBW765.75 TW771.80 -----131111766,60 10 10 20 1" = 20' Basis of bearing derived from the State Plane Coordinate System, Texas North Central Zone 4202. North American Datum of 1983, (2011). Proposed Lot 1, Block A AVILLA TRAILS ADDITION PAGE 3 OF 13 )!S plARs FNGINFERING & SURVEYING 76s 12001. Soite IGO . HO,. EX /505 • 971422.02?2 TEPE 20 1.2, 21 T81.,S No F.1001.3 wo,splarsen.lcvn Drawn: Checked: Dote Job No. EXHIBIT B - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A AVILLA TRAILS ADDITION MEE MTM 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS \ 2019 ,OEG \ 19 —COO 1.1eaVetro — temezo \ 10-013 Wall Ma:raulunceE2b1&d Seed Save 10/28/2020 8:C6:03 20 Plotted by: mew,og Plot Dote: 10/28/2020 8 08 *0 *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 11 Of 21 D220300788 Page 12 of 21 METES 8c BOUNDS BEING a tract of land situated in the J. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, the subject tract being a portion of a tract of land conveyed to NexMetro Trails, LP according to the deed recorded in Document No. D220029849 of the Official Public Records, Tarrant County, Texas (OPRTCT), the subject tract being more particularly described as follows: BEGINNING at a point from which the eastern inverted corner of the overall tract bears S 73'21'49" E, 162.29'; THENCE N 75°22'03" W, 105,43'; THENCE along a tangent curve to the right having a central angle of 45°14'17", a radius of 54.50', a chord of N 52°44'54" W — 41.92', and an arc length of 43.03'; THENCE N 59°52'14" E, 11.00'; THENCE along u ion—tunyent curve to the left having a central angle of 45°14'17", a radius of 43.50', a chord of S 52°44'54" E 33.46', and an arc length of 34.35'; THENCE S 75'22'03" E, 105.43'; THENCE S 14'37'57" W, 11.00' to the POINT OF BEGINNING with the subject tract containing 1,585 square feet or .036 acres of land. PAGE 4 OF 13 SPIARS _ ENGINEERING & SURVEYING 235 (taw 6.td, Sime 18) • Nano, ! /0025 • 0 2..000J/ 002=.no S2121 . tilti1SNa.-1oo._.f.l •a....v_....�__r :. .. EXHIBIT A - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A Drawn: MEE Checked: M1M Dote Job No. AVILLA TRAILS ADDITION 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS D.on:rg: 0\2019 J085\19-099 N,,/06o — e1lemes°\19-099 :all 1,1nte.wra< Est13113.0ng Soo. @,: Nening Sore Moe: 10/28/2020 8.06:09 AA Platted Sy: mewing Plot Date: 10/28/2020 8:08 AO.1 • *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 12 Of 21 D220300788 Page 13 of 21 1 proposed Private r' f Retaining ;Wall:; • 1 \N 59'52'14" E 11.00 \ Proposed Private Retaining 'Wall Proposed Lot 1, Block A MLA TRAILS ADDITION R-43.50' D=45'14'17" L=34..35' CB=S 52'44'54" E CD=33.46' Wall`_llaii tenance Area 58 r S.F. ) Proposed Fully I S 522 p3 Developed 100— Year Floodplain R=54,50''000e.� 152203,, iv n Proposed Private Retaining Wall D=45' 14'17" L=43.03' CB=N 52'44'54" W CD=41.92' 20 20 40 1" = 40' Basis of beariny derived from the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, (2011), Prop. 15' Sanitary Sewer Esmt. (By Plat) • S 14'37'57" W 11.00' Proposed �29 Drainage Esmt. (By Plat) Proposed P/iblic Cddlvert Proposed Private Retaining Woll Proposed Floodplain Esmt. • POINT OF BEGINNING Proposed Lot 1, Block A AVILLA TRAILS ADDITION PAGE 5 OF 13 / SPIARS l iENGINEERING LS SURVEYING 765 C IRef 11ead._Su, 8100 • ene. TX7500 • 922.92.9077 '91191 No 62121 • 1-01.0.S0". F.10PUiW • w,:0.'0.a0ec02.0103 EXHIBIT B - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A Drawn: Checked: Date Job No. AVILLA TRAILS ADDITION MEE MTM 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS Dra.:rg: G\2019 :065\19-099 N& eire - Nlarneaa\I9-099 'Poll A'a:nlenar<e Exhibits -deg S.ed By: Venire Sce Time: 10/28/2029 8,06:09 Al Peeped by: mewing Plot Dote: 10/28/2020 8:08 09 *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 13 Of 21 D220300788 Page 14 of 21 • TW773.85 BW769.00 -I. ',i . •4! , 4 , • U k l'• PropoSedPrivate AyRetaining kitall , ‘ ', -----:.:•'' . . Proposed Fully Developed 100- Year Floodplain B 'Proposed Lot 1, Block A AVILLA TRAILS ADDITION • • T1775.50 BW773.50 ? ------- ______ --------- —. Proposed Private Retaining Wall Proposed Floodplain Esmt. 780 775 Lasting Ground 770 765 1W778.00 BW776.00 Proposed Lot 1, Block A AIALLA TRAILS ADDITION , \ : . : 20 \ , I : 1 '' = 40' Basis of bearing derived 0 20 40 MI MI . , from the State Plane , \ Coordinate System, Texas North Central Zone 4202, North American Datum of . • . \ , 1983, (2011). Prop. 15' Sanitary 1 Sewer Fsmt. (Ry NO Proposed Drainage Esmt. (By Plat) Proposed Pfivote Ranininn 780 NOP, Ground Prop. Re )......,_, /Lona Pwnt Prop. —Rot Wall 775 770 765 0+00 0+50 Section 'B—B' 1"=20'; H 1"=2.: V • TW781.00 RW780.50 Proposed Plblic C Ivert • \'& PAGE 6 OF 13 SPIARS ,,./J ENGINEERING & SURVEYING i,ror PA' Pb•tntk t-K 75,in TEMP No F.2.1.t • 'IMPS r,1,..04310P • vn.,,nolnen,•Ny.ignit EXIIIBIT B - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A Drawn: Checked: Date Job No. AVILLA TRAILS ADDITION MEE MTM 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS Probing: G \ 2019 JOUS 19-093 NerVetro — 21tomosA19-099 WolInointerionco Ebbibilndng Saved By: Yen -le, Pore ID/28/2020 8:06:09 02.1 Plotted by: mewing Plot Dole: 10/20/2020 13.08 *11 *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 14 Of 21 D220300788 Page 15 of 21 METES 8c BOUNDS BEING a tract of land situated in the J. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, the subject tract being a portion of a tract of land conveyed to NexMetro Trails, LP according to the deed recorded in Document No. D220029849 of the Official Public Records, Tarrant County, Texas (OPRTCT), the subject tract being more particularly described as follows: BEGINNING at a point from which the eastern inverted corner of the overall tract bears N 63°43'32" E, 96,48'; THENCE S 09°54'18" W, 12.02'; THENCE N 76°56'57" W, 129.13'; THENCE N 60'57'57" W, 51.55'; THENCE N 76'52'40" W, 44.21'; THENCE N 13'07'20" E, 6.00'; THENCE S 76'52'40" E, 45.05'; THENCE S 60°57'57" E, 29.76'; THENCE S 76'56'57" E, 148.57 to the HOIN I OF BEGINNING with the subject tract containing 2,178 square feet or .050 acres of land. ' El\ GINEERINC & SUE'/€. YING ''66 Cu;:e-i.c.t<', :: 11YJ • ":.(281115 . )JLn22802: 1 UK Nar2121 . i::s.r8,;:. r-le.a;0i1 • vu.r..,c... ,,A, Drawn: Checked: Dote Job No. PAGE 7 OF 13 EXHIBIT A - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A AVILLA TRAILS ADDITION MEE MW 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS 0.on;ng: G\2019 J1888\1 -099 k.VeW - a;crrsa\19-099 :a, Mdntenarae E.2b11e.dng Sa ed By Menirg 5.8 limo 10/28/2020 8:06:09 All Potted by: me Wng Not Dote: 0/28/2020 8:08 AM • *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 15 Of 21 D220300788 Page 16 of 21 Proposed Fully Developed 100- 1 Year Floodplain N 13'07'20" E 6.00' o�6524 p" r 4505' S1� S 605757 E 29.76' 1652 40" `'��ii2♦ 44.2/ • N 60'57'57" W 51.55' SPIARS L ENGINEERING & SURVErING 785 C :stir tread 8:::I5150 :.no, rx •37S • 939.422.002? TOP, M10 z.212I • 'DAPS No.F13093183 • 989Y.OotartOortd OPdtt Proposed' Private Retaining .Wall • Proposed Private N Retaining Wall I F. I Proposed Lot 1, Block A I; AVILLA TRAILS ADDITION 1' i 1 1" I Prop. 15' Sanitary Sewer Esmt. (By Plat) Proposed ` ` Floodplain Esmt. Proposed Drainage Esmt. (By Plat) Wall Maintenance Proposed P�iblic Area Cddlvert 0.050 Ac. (2,178 • I,01" 6565)E 20 20 40 1 " = 40' Oasis of bearing derived from the State Plane Coordinate System, Texas North Central Zone 4202. North American Datum of 1983, (2011). POINT OF BEGINNING 118.5)•. 29.13'- Proposed Private Retaining Wall Proposed Lot 1, Block A AVILLA TRAILS ADDITION L S 09'54'18" W '� 12.02' PAGE 8 OF 13 EXHIBIT B - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A Drawn: Checked: Date Job No. AVILLA TRAILS ADDITION MEE MTM 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS Dmw:0g: 0\2019 JO80\19-099 No.Netm — Nlomesa\19-099 'dl Malntenoece PaI:itls.dng Swell By A'en:ng Bove ime: '0/28/2020 8:08:09 A.1 Plotted by: me -wing Plot Dale: 10/28/2020 8:09 AA *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 16 Of 21 D220300788 Page 17 of 21 1 Proposed Private a. Retaining Wall Proposed Fully Developed 100- -i Year Floodplain W-781.00 ./ BW775.00I TW782,00 BW775.50f • Proposed Private Retaining Wall Proposed Floodplain Esmt. • Proposed Lot 1, Block A AVILLA TRAILS ADDITION ENGINEERING & SURVEYING 7u":OM Read. 949190 anti, tx 75:]z5 913.�iz ctui 0:r. r-2:2, • s31.95 No. F 1000109 v,.....ae.a, 2., Drawn: Checked: Dote Job No. Proposed Lot 1, Block A AVILLA TRAILS ADDITION 'I , l I', I,. 1- I': 1 Prop. 15' Sanitary /Sewer Esmt. (By Plat) 20 INN 0 20 40 1" = 40' Basis of bearing derived from the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, (201 1). Proposed ----r-_._ Drainage Esmt. - ----- (By Plat) Proposed P blic C lvert 785 Prop. Fre Lane Nut 780 775 770 1W78I.25 BW776.80 1W782r50 BW779.00 Proposed Private Retaining Wall Prop. Ret Wall Existing Ground 785 780 775 770 0+00 0+50 Section 'C—C' 1 "=20': H 1"=2':V PH782.75 PAGE 9 OF 13 EXHIBIT B - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A AVILLA TRAILS ADDITION MEE MTM 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS 0ron:rg: G\2019 JO9S\19-099 N'ex9etro — lome^o\19-099 \{b'1 Vo,lenance E.:basdrg Saved 8, Men', Save lime: 10/2B/2020 8:0609 A`} Plelted ay: m902.9 P101 Dote: 10/28/2020 8:09 A`.1 • *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 17 Of 21 D220300788 Page 18 of 21 METES & BOUNDS BEING a tract of land situated in the J. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, the subject tract being a portion of a tract of land conveyed to NexMetro Trails, LP according to the deed recorded in Document No. D220029849 of the Official Public Records, Tarrant County, Texas (OPRTCT), the subject tract being more particularly described as follows: BEGINNING at a point from which the eastern inverted corner of the overall tract bears N 19' 14'52" E, 63.13'; THENCE S 17°59' 17" W, 4.50'; THENCE N 72°00'43" W, 15.14'; THENCE N 09'54'18" E, 4.55'; THENCE S 72'00'43" E, 15,78' to the POINT OF BEGINNING with the subject tract containing 70 square feet or .002 acres of land. SPIARS ENGINEERING & S1JRVEYING PAGE 10 OF 13 EXHIBIT A - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A Drawn: Checked: Date Job No. AVILLA TRAILS ADDITION MEE MTM 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS Av«r9: G\2019 JOBS \1 -099 liex!'elro - Pllcmeso\19-099 Wc'I Minleconce Exhiblls.E,.g Sv:ed By: 61enirg Save 1,re: 10/28/2070 8.06:09 PM Plotted by: me w;rg Plot 00te: 10/28/2020 8:09 MI *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 18 Of 21 D220300788 Page 19 of 21 Proposed Lot 1, Block A A41LLA TRAILS ADDITION Proposed Public Culvert Proposed j; — Drainage Esmt. (By Plat) S 72'00'43" E 15.78' N 09'54'18" E`er 4.55' N 72'00'43" W {: 15.14' W i11 Maintenance Area 0.002 Ac. (70 S.F.) SPIARS 1_ F.NGINFPRING & SURVE (IN a iCurler avail. S": a1EN) .tb7Sili 0 • 12.4<2.CU;7 0VE NDE.2121 ryLPS t1o•7710JJr.1b1s0 • wa r n I S 1759'17" W 4.50' KROGER TEXAS L.P. Doc. No. D217030190 OPRTCT Proposed Fence w/ Swing Gates Proposed >-- Floodplair ------ Plat) Proposed Fully -- Developed 100— Year floodplain Proposed Private Retaining Wall Proposed Lot 1, Block A AVILLA TRAILS ADDITION 10 0 10 20 1 " = 20' Basis of bearing derived from the State Plane Coordinate System. Texas North Central Zone 4202, North American Datum of 1983, (2011). PAGE 11 OF 13 EXHIBIT B - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A Drawn: Checked: Date Job No. AVILLA TRAILS ADDITION MEE MTM 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS Drool, D\2019 JOSSV9-099 tedhbo - 1...,, \19-099 ➢,01 Mdotenonce e.nrya,e.9 Se:d ey ee.o-q Dove rvv<: 10/25/2070 e06:09 777 Plated b enexin9 Plot Dote: 10/28/2020 8:09 79 • *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 19 Of 21 D220300788 Page 20 of 21 Proposed Lot 1, Block A AVILLA TRAILS ADDITION SOO. SreillYbel rir. i ,i•• hoy - . „ • --......... ..' ., • --7,-- „ TW783.00 BP82.001 TW783.00 8W773.75 Proposed t Drainage Esmt.— - (By Plat) • Proposed Public Culvert 1W783.00 BW782.00 Proposed Lot 1, Block A AVILLA TRAILS ADDITION 790 785 Existing Ground 780 775 Prop. r Gramd Priv. Rei \ 790 785 780 775 0+00 0+35 Section 'D—D' 1"=20':H 1"=2': V KROGER TEXAS L.P. Doc. No. D217030190 OPRTCT Proposed Fence w/ Swing Gates Proposed Floodplain Esmt. (By Plat) Proposed Fully -- Developed !00--s Floodplain TW786.10 BW783.00 Proposed Private Retaining Wall 111(785.90 BW783.00 10 20 1" = 20' Basis of bearing derived from the State Plane Coordinate System. Texas North Central Zone 4202, North American Datum of 1983, (2011). PAGE 12 OF 13 fENIGINEERING & SURVEYING 765 n..1-11,0, S.IE IOC • Puine. V 75,175 „ 972.422.0077 TUE tia r-,2721 • 'SUPS No. g„Iff043!0:1 • vrtAviclorsvi .?.mra EXHIBIT B - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A Drawn: Checked: Date Job No. AVILLA TRAILS ADDITION ACE MTM 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS G 2019 xas sa —099 NerVetro — Atorneso\19-099 :IM,,rce So..ed By: II z 6,1-1 Save 10/26/2020 13.6:03 06 Plotted by: rnee,g Pot Date: 10/25/2020 0.4 *TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 20 Of 21 D220300788 Page 21 of 21 FENCE IF REOD r-- TIGHTLY FITTED STONE. HO !mar", DECLARED 'V INDICATES ZONE WHERE SIGNE IS 10BE FULLY ',CP TAPED TOGCTN-R 1CP, SOT TOPA FRuNT AND BACK poirn ALL FACE STONE JOINTS FACE STONE PER CONTRACT r WEEP HOLE SPACED AT S. 0.C. TO BE PLACED ',BEENE FINAL GRAOE PAVING OR LANDSCAPING ,E” CroL. w. MAA. IF WALL HEIGHT x 1.5 EOUALS OR IS GREATER THAN DISTANCE TO FIRELANE USE SURCHARGE SCHEDULE A F.1,0' CAP i i51,-041,,,EmPLR CIVIL. BSOPSE BUILDING SURCHABOR I MD ACCOUNTED FOFi DESIGN • NiCLAY CAP USiNG ONSFTE SOILS, BACK I-AcE MAY BE IRREGULAR FILTER FARRIC AROUND DRA,NAGE ZONE CONZ,NUOLIB GRA•EL OR CLEAN FREE DRAINING ROOK. • -PAP Pia. CNIT ,ER FABRIC ANC, BAND TO PIPE - COMPACTED SOIL GEMINI:JEEP PIPE RW2/1 MASONRY WALL SCHEDULE -1500 psf - 6V,IH BATTER - FIRELANE SURCHARGE BEARING CAPACITY ON NATURAL SOIL OR COMPACTED AND TESTED FILLS WALL CASE TOE BASE BASI BATTER FULLY MORTARED ZONE THICKNESS DRAINAGE 20NE REARING DEIGHT WIDTH DEPTH (TOE) DEPTH [KEW OF WALL THICKNESS CAPACITY H B DI C CI A E T G FULLY SEE El/RWI 1500 1' - 2" FULLY SEE B/RW1 2' - 10" tY - 6" 1'- 3" 0'- 6" FULLY SEE 13/13W1 0' - 7"psf FOLLY SEE B/RW1 5' • 0" 0' - 9" 6' - 0" D. - 1,U' 1 - 0 ' 1' - 2" 3' - 7" I - 6" 2' - 6" 1600 psf ' I. 10" l' • 10" 1 700 DS( 10' - 0" 2 .I' 0" 9' 3" 3' 6" - 2' - 6" 1900 WALT DESIGN CRITERIA psf BEARING SLOPE TOP SLOPE GOT ACTIVE PRESSURE PASSIVE PRESSURE COEFFICIENT OF FRICTION SLOPE OF BAcK UP WAIL SURCHARGE FIRELANE SURCHARGE Q., P Pi 4,. 4,. a q 15013 psf 14.3 deg 14.3 deg 30 deg 30 deg 0.3 99.5 deg 350 psf FOOTING DEPTH MAY BE TERMINATED B" INTO SOLID UNFRACTURED LIMESTONE CUT AT BASE OF RETAINING WALL, IF ENCOUNTERED RW2/1 MASONRY WALL WITH FIRELANE SURCHARGE spiARs I ENGINEERING & SURVEYING (4,act 51, A 10C 71575 • rin. V.12.0:7 MEE NoC.2:ZI 'Mtn No. B.I0C4INNI w•wzoiarun ?Bor.. Drown: MEE Checked: MThI Dote 10/7/2020 Job No, SCALE: 0 T.S. PAGE 13 OF 13 EXHIBIT B - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A AVILLA TRAILS ADDITION CITY OF FORT WORTH, TEXAS Orax,ng: G 2019 .:095v9-600 Newel.° - Allerreza \ 15-099 1511 Akintenonce Exl•bits.dxg So....J 56 Ver.ig Sove Drre: 10/20/2020 00501012 Rotted by, mewing P'ol Dote: 10/Z8/2020 8:09 AM 19-099 • .TRC* TARRANT Doc: 000300788 Date: 11/17/2020 Vol: 0000000 Page: 00000 Page: 21 Of 21 1 2020 9 E1 Yr mg Recorlded/by Tarrant County Clerk Page: O1 of 2Public Records 9.00 Submitter: COFW TPW STOfL�A/,�T0E1 /4 MARY LOUISE NICHOLSON COUNTY CLERK 3:04 PM DOE # RETAINING WALL MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this 10 day of November2020 by and between NexMetro Trails, LP, acting by and through Ryan Griffis, hereinafter referred to as "Landowner", and the City ofl'ort Worth, hereinafter referred to as "City". WITNESSETI I WHEREAS, the Landowner is the owner of certain real property described as an approximately 1,176,881 square foot tract located in the J. Heath Survey. Abstract No. 641, Fort Worth, Tarrant County, Texas according to the deed recorded in Document No. D217030190, Official Public Records, Tarrant County, Texas and being more particularly described by metes aiid bounds in Exhibit "A", hereinafter called the "Property". WI-IEREAS, the Landowner is proceeding to build on and develop the Property according to the Site Plan/Subdivision Plan known as Avilla Trails Addition, hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City and the Landowner provides for the construction and maintenance of a Retaining Wall Facility on a portion of the Property; and; WI-IEREAS, 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 and assigns, the location and dimensions of which is shown on the attached Exhibit "A" ("Facility Property"); and; RETAINING WALL MAINTENANCE AGREEMENT Rcv,4/2007 1 *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 1 Of 21 D220305944 Page 2 of 21 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: 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 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 RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 2 *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 2 Of 21 D220305944 Page 3 of 21 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 fling in the office of the County Clerk of Tarrant County, Texas an affidavit identifying the property to be charged with such lieu, 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 i'iJi'U1&E OWNERS OF 1'HE 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 FOOTING, , AND (2) AND FAILURE OF THE RETAINING WALL AND ITS FOOTING TO OPERATE IN A MANNER CONSISTENT RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 3 *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 3 Of 21 D220305944 Page 4 of 21 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 pinning 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. Executed this 10_ day of November Landowner: NexMettu 'Trails, LP a "Texas Foreign Limited Partnership By: NIMMD Trails GP, LLC its sole general partner By: NexMetro Development, l.LC its manager By: Name: Ryan Grr 'f s Title : Managing Director RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 20 A. City: City of Fort Worth Z��a �/0 ae.. off INov 10,2 1- C51 barIJI-gt_IPI tt)OF{' Assistant City I\/tanager Approved as to Form and Legality Christa R. Lopez -Reynolds Christa R.I opo.-Rcy.c d- INov lu, 'Ago 18,9 CST, Assistant City Attorney ATTEST (Y 9- City Secretary 4 *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 4 Of 21 D220305944 Page 5 of 21 STATE OF 'TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on November 11 2020 by 6A6 41\+r Y)Cu, Assistant City Manager of the City of Fort Worth, on behal f of the City of Fort Worth. 20,P0.YP4e c� LAURIE PEQUENO LEWIS Notary Public * * STATE OF TEXAS "� /�_44 Notary I.D. 132278952 " OFjG. My Comm. Exp. Dec. 10, 2023 STATE OF TEXAS COUNTY OF TARRANT § LAURIE PEQUENO LEWIS Digitally signed by LAURIE PEQUENO LEWIS Date: 2020.11.11 19:23:26 -06'00' Notary Public, State of Texas Before me, the undersigned authority on this day personally appeared t2�A,1 6-w.Fa+t5 to me to be the person whose name acknowledged to me that -- /I 12-A I LS , L-(R MA+IA��No- 7>taa, roA and as the act of consideration expressed in the foregoing l tR.0 RACHEL RIMA Notary ID q 129048500 My Commission Expires February 1, 2023 RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 , known is subscribed to the foregoing instrument and the same is the act of , and that he executed the same as its such kr,,a,,,,, r7, „,4 and for the purposes and instrument. Notary Public, State of Texas 5 *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 5 Of 21 D220305944 Page 6 of 21 Contract Compliance Manager By signing I acknowledge that 1 am. the person responsible For the monitoring and administration of this contract, including ensuring all performnncc and EPorti.ngrequiremerlts. 14V-lIi,24,-i" Janie S. Morales .Development Services id'ana4er *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 6 Of 21 D220305944 Page 7 of 21 EXHIBIT "A" BEING a tract of laud situated in the J. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, the subject tract being part of a tract of land conveyed as "Tract 1" to Kroger Texas L.P., according to the deed recorded in Document No. D217030190 of the Official Public Records, Tarrant County, Texas (OPRTCT), and being all of Lots 1B and IC, Block 1, Weatherby Farms Addition, an addition recorded in Document No. D212174812 OPRTCT, with the subject tract being more particularly described as follows: BEGINNING at a 5/8" iron rod with plastic cap found for the northeast corner of Lot 1, Block 1, Weatherby Farms Addition, and the southwest corner of Lot 1B, Block 1; THENCE S 89°24'07" W, 680.30 feet along the north line of Lot 1 to a 5/8" iron rod with plastic cap found on the east line of the Fort Worth and Western Railroad, a called 100 foot wide right-of-way; THENCE along the east line of said railroad, the following: N 00°07'28" E, 40.97 feet; N 02°09'28" F, 100.00 feet; N 04° 11'28" E, 100.00 feet; N 06°13'28" E, 100.00 feet; N 08° 15'28" E, 100.00 feet; N 10°17'28" E, 100.00 feet; N 12°19'28" E, 100.00 feet; N 14°09'28" E, 80.30 feet; And N 14°37'31" E, 705,59 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set on the south line of a permanent right-of-way easement recorded in Document No. D209318516 OPRTCT; THENCE S 75°00'55" E, 369.41 feet along the south line thereof to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; THENCE departing said easement, into said Tract 1, the following: S 14°54'47" W, 64.72 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 00°46'47" E, 400.99 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 75°00'07" E, 530.20 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; RETAINING WALL MAINTENANCE AGREEMENT Rov. 412007 6 *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 7 Of 21 D220305944 Page 8 of 21 N 71°06'47" E, 198.57 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 00°46'47" E, 115.95 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 89°12'40" W, 220.43 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; S 00°47'20" E, 145.60 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; And N 89°13'47" E, 300.42 feet to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set on the west line of another permanent right-of-way easement recorded in Document No. D209075491 OPRTCT; THENCE S 00°47'13" F., .50.00 feet along the west line thereof to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; THENCE S 89°13'47" W, 300.22 feet departing said easement, into "Tract I, to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set; THENCE S 00°46'13" E, 608,68 feet through said Tract 1 to a 1/2" iron rod with plastic cap stamped "SPIARSENG" set on the north line of Lot IA, Block 1, Weatherby Farms Addition; THENCE along the north line of Lot lA, the following: S 89°59'36" W, 4.54 feet; A tangent curve to the left having a central angle of 12°59'06", a radius of 533.00 feet, a chord of S 83°30'03" W - 120.54 feet, an arc length of 120.79 feet; A reverse curve having a central angle of 12°23'37", a radius of 467.00 feet, a chord of S 83° 12' 19" W - 100.82 feet, an arc length of 101.02 feet; S 89°24'07" W, 83.87 feet; A. tangent curve to the right having a central angle of 45°08'57", a radius of 34.00 feet, a chord of N 68°01'24" W - 26.10 feet, an arc length. of 26.79 feet; A reverse curve having a central angle of 45°08'57", a radius of 61.00 feet, a chord of N 68°01'24" W - 46.83 feet, an are length of 48.07 feet; And S 89°24'07" W, 47.98 feet to the southwest corner of Lot I C, being on the east line of Lot l; THENCE N 02°27'19" W, 166.36 feet along the east line thereof to the to the POINT OF BEGINNING with the subject tract containing 1,176,881 square feet or 27.017 acres of land. RETAINING WALL MAINTENANCE AGREEMENT Rev. 4/2007 7 *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 8 Of 21 D220305944 Page 9 of 21 METES & BOUNDS BEING a tract of land situated in the J. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, the subject tract being a portion of a tract of land conveyed to NexMetro Trails, LP according to the deed recorded in Document No. D220029849 of the Official Public Records, Tarrant County, Texas (OPRTCT), the subject tract being more particularly described as follows: BEGINNING at a point from which the eastern inverted corner of the overall tract bears S 54'22'44" E, 372.75'; THENCE S 80°33'49" W, 11.00'; THENCE N 09°26' 1 1 " W, 38.14'; THENCE N 80'33'49" E, 11.00'; THENCE S 09°26'11" E, 38.14' to the POINT OF BEGINNING with the subject tract containing 420 square feet or .010 acres of land, PAGE 1 OF 13 r, SPIARS Et,G1NEERING 5 SURVEYING t. 11,311, 109 • 'lno ni 0:Y R:no. IGNn FG1Z1 y IMPS no.`io :310e • t........_d. nZ;on: Drawn: Checked: Date Job Na EXHIBIT A - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A AVILLA TRAILS ADDITION MEE CITY OF FORT WORTH, TEXAS Dree:ry: C:\2019 JC85\19-099 tk,Netm - Nicaeso\19-099 lcll Aelntmooce EM'!St,.dng Saved By welt, Save Sae: 10/28/2020 a05:09 81,1 MTM 10/7/2020 19-099 Plotted by: melting Plot Date: 10/20/2020 8:08 AM *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 9 Of 21 D220305944 Page 10 of 21 Proposed Fully Developed 100— Year Floodplain Proposed Floodplaln Esmt. SPIARS ENGINEIY.RING e4 SURVEoltdt.l 1lNtl. 4n a IC'J • Pam lX /SO:.r /e.42.2Ct1(/ 2. . ia.PS tJo_ p-li: 0 • qr.. .n /; • IV 8(1.33'49" L 11.00' S 80'33'49" 11.00' -a Wall rvli initema1)ce Area 0.010 Ac. '. (420 S.F.) Proposed Private Retaining Wall 10 10 20 1" = 20' Basis of bearing derived from the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, (2011). Proposed Lot 1, Block A AVII I A TRAILS ADDITION PAGE 2 OF 13 EXHIBIT B - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A Drawn: Checked: Date Job No. AVILLA TRAILS ADDITION MEE MTM 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS 0ro.ieg: 0\2019 JOBS\19-099 kcahtm — Momesa\19-099 !al irdntenanu 66'Cll 099 Smed B: Ac•o-g Save 1:me. 10/28/2020 8:06:09 AV Plotted by: mew,ng Plot Dote: 10/28/2020 8:08 Att *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 10 Of 21 D220305944 Page 11 of 21 Proposed Fully Developed 100— Year Floodplain r\s Poposed Floodplain csfnt. A 775 770 765 760 Existing Ground A Prop. Ground TW768.50 BW768.001 z / 775 Prop. Fite tole Prot Prop. Nt Wall 770 765 /60 0+00 0+35 Section 'A -A' 1"=20':H 1"=2'• V B1,1765.90 TW769.901 Proposed PrivatS Retaining Wall 11'1770.50 8W765.00 fT6771.10 IBW765.75 TW771.80 -----131111766,60 10 10 20 1" = 20' Basis of bearing derived from the State Plane Coordinate System, Texas North Central Zone 4202. North American Datum of 1983, (2011). Proposed Lot 1, Block A AVILLA TRAILS ADDITION PAGE 3 OF 13 )!S plARs FNGINFERING & SURVEYING 76s 12004 Soite IGO . HO,. EX /505 • 971422.0(92 TEPE 20 1.2, 21 T81.,S No F.1001.3 wo,splarsen.lcvn Drawn: Checked: Dote Job No. EXHIBIT B - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A AVILLA TRAILS ADDITION MEE MTM 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS \ 2019 ,OEG \ 19 —COO 1.1eaVetro — temezo \ 10-013 Wall Ma:raulunceE2b1&d Seed Save 10/28/2020 8:C6:03 20 Plotted by: mew,og Plot Dote: 10/28/2020 8 08 *0 *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 11 Of 21 D220305944 Page 12 of 21 METES 8c BOUNDS BEING a tract of land situated in the J. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, the subject tract being a portion of a tract of land conveyed to NexMetro Trails, LP according to the deed recorded in Document No. D220029849 of the Official Public Records, Tarrant County, Texas (OPRTCT), the subject tract being more particularly described as follows: BEGINNING at a point from which the eastern inverted corner of the overall tract bears S 73'21'49" E, 162.29'; THENCE N 75°22'03" W, 105,43'; THENCE along a tangent curve to the right having a central angle of 45°14'17", a radius of 54.50', a chord of N 52°44'54" W — 41.92', and an arc length of 43.03'; THENCE N 59°52'14" E, 11.00'; THENCE along u non—tunyent curve to the left having a central angle of 45°14'17", a radius of 43.50', a chord of S 52°44'54" E 33.46', and an arc length of 34.35'; THENCE S 75'22'03" E, 105.43'; THENCE S 14'37'57" W, 11.00' to the POINT OF BEGINNING with the subject tract containing 1,585 square feet or .036 acres of land. PAGE 4 OF 13 SPIARS _ ENGINEERING & SURVEYING 235 (taw 6.td, Sime 18) • Nano, ! /0025 • 0 2..000J/ 002=.no S2121 . tilti1SNa.-1oo._.f.l •a....v_....�__r :. .. EXHIBIT A - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A Drawn: MEE Checked: M1M Dote Job No. AVILLA TRAILS ADDITION 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS D.on:rg: 0\2019 J085\19-099 N,,/06o — e1lemes°\19-099 :all 1,1nte.wra< Est13113.0ng Soo. 8,: Nening Sore Moe: 10/28/2020 8.06:09 AA Platted Sy: mewing Plot Date: 10/28/2020 8:08 AO.1 • *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 12 Of 21 D220305944 Page 13 of 21 1 proposed Private r' f Retaining ;Wall:; • 1 \N 59'52'14" E 11.00 \ Proposed Private Retaining 'Wall Proposed Lot 1, Block A MLA TRAILS ADDITION R-43.50' D=45'14'17" L=34..35' CB=S 52'44'54" E CD=33.46' Wall`_llaii tenance Area 5400. r S.F. ) Proposed Fully I S 522 p3 Developed 100— Year Floodplain R=54,50''000e.� 152203,, iv n Proposed Private Retaining Wall D=45' 14'17" L=43.03' CB=N 52'44'54" W CD=41.92' 20 20 40 1" = 40' Basis of beariny derived from the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, (2011), Prop. 15' Sanitary Sewer Esmt. (By Plat) • S 14'37'57" W 11.00' Proposed �29 Drainage Esmt. (By Plat) Proposed P/iblic Cddlvert Proposed Private Retaining Woll Proposed Floodplain Esmt. • POINT OF BEGINNING Proposed Lot 1, Block A AVILLA TRAILS ADDITION PAGE 5 OF 13 / SPIARS l iENGINEERING LS SURVEYING 765 C IRef 11ead._Su, 8100 • ene. TX7500 • 922.92.9077 '91191 No 62121 • 1-01.0.S0". F.10PUiW • w,:0.'0.a0ec02!.0103 EXHIBIT B - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A Drawn: Checked: Date Job No. AVILLA TRAILS ADDITION MEE MTM 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS Dra.:rg: G\2019 :065\19-099 N& eire - Nlarneaa\I9-099 'Poll A'a:nlenar<e Exhibits -deg S.ed By: Venire Sce Time: 10/28/2029 8,06:09 Al Peeped by: mewing Plot Dote: 10/28/2020 8:08 09 *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 13 Of 21 D220305944 Page 14 of 21 • TW773.85 BW769.00 -I. ',i . •4! , 4 , • '•• 1 u k l'• PropoSedPrivate AyRetaining kitall , ‘ ', -----:.:•'' . . Proposed Fully Developed 100- Year Floodplain B 'Proposed Lot 1, Block A AVILLA TRAILS ADDITION • T1775.50 BW773.50 ? ------- ______ --------- —. Proposed Private Retaining Wall Proposed Floodplain Esmt. 780 775 Lasting Ground 770 765 1W778.00 BW776.00 Proposed Lot 1, Block A AIALLA TRAILS ADDITION , \ : . : 20 \ , I : 1 '' = 40' Basis of bearing derived 0 20 40 MI MI . , from the State Plane , \ Coordinate System, Texas North Central Zone 4202, North American Datum of . • . \ , 1983, (2011). Prop. 15' Sanitary 1 • Sewer Fsmt. (Ry NO Proposed Drainage Esmt. (By Plat) Proposed Pfivote Ranininn 780 NOP, Ground Prop. Re )......,_, /Lona Pwnt Prop. —Rot Wall 775 770 765 0+00 0+50 Section 'B—B' 1"=20'; H 1"=2.: V • TW781.00 RW780.50 Proposed Plblic C Ivert • \'& PAGE 6 OF 13 SPIARS ,,./J ENGINEERING & SURVEYING i,ror PA' Pb•tntk t-K 75,in TEMP No F.2.1.t • 'IMPS r,1,..04310P • vn.,,nolnen,•Ny.ignit EXIIIBIT B - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A Drawn: Checked: Date Job No. AVILLA TRAILS ADDITION MEE MTM 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS Probing: G \ 2019 JOUS 19-093 NerVetro — 21tomosA19-099 WolInointerionco Ebbibilndnig Saved By: Yen -le, Pore I0/28/2020 8:06:09 02.1 Plotted by: mewing Plot Dole: 10/20/2020 13.08 *11 *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 14 Of 21 D220305944 Page 15 of 21 METES 8c BOUNDS BEING a tract of land situated in the J. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, the subject tract being a portion of a tract of land conveyed to NexMetro Trails, LP according to the deed recorded in Document No. D220029849 of the Official Public Records, Tarrant County, Texas (OPRTCT), the subject tract being more particularly described as follows: BEGINNING at a point from which the eastern inverted corner of the overall tract bears N 63°43'32" E, 96,48'; THENCE S 09°54'18" W, 12.02'; THENCE N 76°56'57" W, 129.13'; THENCE N 60'57'57" W, 51.55'; THENCE N 76'52'40" W, 44.21'; THENCE N 13'07'20" E, 6.00'; THENCE S 76'52'40" E, 45.05'; THENCE S 60°57'57" E, 29.76'; THENCE S 76'56'57" E, 148.57 to the HOIN I OF BEGINNING with the subject tract containing 2,178 square feet or .050 acres of land. ' El\ GINEERINC & SUE'/€. YING ''66 Cu;:e-i.c.t<', :: 11YJ • ":.(281115 . )JLn22802: 120 1•18r 21 . i::1.rs,;:.::lc-O.a;0i1 • vu.r..,c... ,,A, Drawn: Checked: Dote Job No. PAGE 7 OF 13 EXHIBIT A - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A AVILLA TRAILS ADDITION MEE MW 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS 0.on;.n9: G\2019 J1888\1 -099 k.VeW - a;crrsa\19-099 :a, Mdntenarce E.2b11e.dng Sa ed By Menirg 5.8 limo 10/28/2020 8:06:09 All Potted by: me Wng Not Dote: 0/28/2020 8:08 AM • *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 15 Of 21 D220305944 Page 16 of 21 Proposed Fully Developed 100- 1 Year Floodplain N 13'07'20" E 6.00' o�6524 p" r 4505' S1� S 605757 E 29.76' H16540" 44.2/ • N 60'57'57" W 51.55' SPIARS L ENGINEERING & SURVErING 785 C :stir tread 8:::I5150 :.no, rx •37S • 939.422.002? TOP, M10 z.212I • 'DAPS No.F13093183 • 989Y.OotartOortd OPdtt Proposed' Private Retaining .Wall • Proposed Private N Retaining Wall I F. I Proposed Lot 1, Block A I; AVILLA TRAILS ADDITION 1' i 1 1" I Prop. 15' Sanitary Sewer Esmt. (By Plat) Proposed ` ` Floodplain Esmt. Proposed Drainage Esmt. (By Plat) Wall Maintenance Proposed P�iblic Area Cddlvert 0.050 Ac. (2,178 • I,01" 6565)E 20 20 40 1 " = 40' Oasis of bearing derived from the State Plane Coordinate System, Texas North Central Zone 4202. North American Datum of 1983, (2011). POINT OF BEGINNING 118.5)•. 29.13'- Proposed Private Retaining Wall Proposed Lot 1, Block A AVILLA TRAILS ADDITION L S 09'54'18" W '� 12.02' PAGE 8 OF 13 EXHIBIT B - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A Drawn: Checked: Date Job No. AVILLA TRAILS ADDITION MEE MTM 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS Dmw:0g: 0\2019 JO80\19-099 No.Netm — Nlomesa\19-099 'dl Malntenoece PaI:itls.dng Swell By A'en:ng Bove ime: '0/28/2020 8:08:09 A.1 Plotted by: me -wing Plot Dale: 10/28/2020 8:09 AA *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 16 Of 21 D220305944 Page 17 of 21 1 Proposed Private a. Retaining Wall Proposed Fully Developed 100— -i Year Floodplain W-781.00 ./ BW775.00I TW782,00 BW775.50f • Proposed Private Retaining Wall Proposed Floodplain Esmt. • Proposed Lot 1, Block A AVILLA TRAILS ADDITION ENGINEERING & SURVEYING 7u":OM Read. 949190 anti, tx 75:]z5 913.�iz ctui 0:r. r-2:2, • 131.95 No. F 1000109 v,.....ae.a, 2., Drawn: Checked: Dote Job No. Proposed Lot 1, Block A AVILLA TRAILS ADDITION 'I , l I', I,. 1- I': 1 Prop. 15' Sanitary /Sewer Esmt. (By Plat) 20 INN 0 20 40 1" = 40' Basis of bearing derived from the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983, (201 1). Proposed �_._ Drainage Esmt. - ----- (By Plat) Proposed P blic C lvert 785 Prop. Fre Lane Nut 780 775 770 1W78I.25 BW776.80 1W782r50 BW779.00 Proposed Private Retaining Wall Prop. Ret Wall Existing Ground 785 780 775 770 0+00 0+50 Section 'C—C' 1 "=20': H 1"=2':V PN782.75 PAGE 9 OF 13 EXHIBIT B - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A AVILLA TRAILS ADDITION MEE MTM 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS 0ron:rg: G\2019 JO9S\19-099 ke,l..eim — lome^o\19-099 \{b'1 Vo,lenenee E.:basdrg Saved 8, Men', So.e Tme: 10/2B/2020 8:0609 A`} Plelted ay: m902.9 Piet Dote: 10/28/2020 8:09 *0 • *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 17 Of 21 D220305944 Page 18 of 21 METES & BOUNDS BEING a tract of land situated in the J. Heath Survey, Abstract No. 641, City of Fort Worth, Tarrant County, Texas, the subject tract being a portion of a tract of land conveyed to NexMetro Trails, LP according to the deed recorded in Document No. D220029849 of the Official Public Records, Tarrant County, Texas (OPRTCT), the subject tract being more particularly described as follows: BEGINNING at a point from which the eastern inverted corner of the overall tract bears N 19' 14'52" E, 63.13'; THENCE S 17°59' 17" W, 4.50'; THENCE N 72°00'43" W, 15.14'; THENCE N 09'54'18" E, 4.55'; THENCE S 72'00'43" E, 15,78' to the POINT OF BEGINNING with the subject tract containing 70 square feet or .002 acres of land. SPIARS ENGINEERING & S1JRVEYING PAGE 10 OF 13 EXHIBIT A - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A Drawn: Checked: Date Job No. AVILLA TRAILS ADDITION MEE MTM 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS Av«r9: G\2019 JOBS \1 -099 liex!'elro - Pllcmeso\19-099 'Wel \'a'nle'c0nce Exhiblls.E,.g Sv:ed By: Ilenirg Save 1,re: 10/28/2020 8.06:09 PM Plotted by: me w;rg Plot 00te: 10/28/2020 8:09 MI *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 18 Of 21 D220305944 Page 19 of 21 Proposed Lot 1, Block A A41LLA TRAILS ADDITION Proposed Public Culvert Proposed j; — Drainage Esmt. (By Plat) S 72'00'43" E 15.78' N 09'54'18" E`er 4.55' N 72'00'43" W {: 15.14' W i11 Maintenance Area 0.002 Ac. (70 S.F.) SPIARS 1_ F.NGINFPRING & SURVE (IN a iif,A,le avail. S": a1EN) .tb7Sili 0 • 12.4<2.CU;7 000 ND E.2121 ryLPS t1o• 7710JJr.1b1s0 • wa r n I S 1759'17" W 4.50' KROGER TEXAS L.P. Doc. No. D217030190 OPRTCT Proposed Fence w/ Swing Gates Proposed >-- Floodplair ------ Plat) Proposed Fully -- Developed 100— Year floodplain Proposed Private Retaining Wall Proposed Lot 1, Block A AVILLA TRAILS ADDITION 10 0 10 20 1 " = 20' Basis of bearing derived from the State Plane Coordinate System. Texas North Central Zone 4202, North American Datum of 1983, (2011). PAGE 11 OF 13 EXHIBIT B - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A Drawn: Checked: Date Job No. AVILLA TRAILS ADDITION MEE MTM 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS Drool, D\2019 JOSSV9-099 tedhbo - 1...,, \19-099 ➢,01 Mdotenonce e.nrya,e.9 Se:d ey ee.o-q Dove rm<: 10/25/2020 e06:09 777 Plated b enexin9 Plot Dote: 10/28/2020 8:09 79 • *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 19 Of 21 D220305944 Page 20 of 21 Proposed Lot 1, Block A AVILLA TRAILS ADDITION SOO. SreillYbel rir. i ,i•• hoy - . „ • --......... ..' ., • --;--- „ TW783.00 BP82.001 TW783.00 8W773.75 Proposed t Drainage Esmt.— - (By Plat) • Proposed Public Culvert 1W783.00 BW782.00 Proposed Lot 1, Block A AVILLA TRAILS ADDITION 790 785 Existing Ground 780 775 Prop. r Greund 790 785 780 775 0+00 0+35 Section 'D—D' 1"=20':H 1"=2': V KROGER TEXAS L.P. Doc. No. D217030190 OPRTCT Proposed Fence w/ Swing Gates Proposed Floodplain Esmt. (By Plat) Proposed Fully -- Developed !00--s Floodplain TW786.10 BW783.00 Proposed Private Retaining Wall 111(785.90 BW783.00 10 20 1" = 20' Basis of bearing derived from the State Plane Coordinate System. Texas North Central Zone 4202, North American Datum of 1983, (2011). PAGE 12 OF 13 fENIGINEERING & SURVEYING 765 n..1-11,0, S.IE IOC • Puine. V 75,175 „ 972.422.0077 TUE tia r-,2721 • 'SUPS No. g„Iff043!0:1 • vrtAviclorsvi .?.mra EXHIBIT B - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A Drawn: Checked: Date Job No. AVILLA TRAILS ADDITION ACE MTM 10/7/2020 19-099 CITY OF FORT WORTH, TEXAS G 2019 xas sa —099 NerVetro — Atorneso\19-099 :IM,,rce So..ed By: II z 6,1-1 Save 10/26/2020 13.6:03 06 Plotted by: rnee,g Pot Date: 10/25/2020 0.4 *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 20 Of 21 D220305944 Page 21 of 21 FENCE IF FICOD r-- TIGHTLY FITTED STONE. :10 mar", REDUIRED 'VINDICATES ZONE WHERE STONE IS 10BE TULLY LICEITAPED TOCC101"R ICIA, SOT TON FRuNT ARO BACK euirn ALL FACE STONE JOINTS FACE STONE PER CONTRACT r WEEP HOLE SPACED 477310.2.0055 PLACED K. /RIME FINAL GRACIE PAVING OR LAMJSCAPI110 CroL. (IAA. IF WALL HEIGHT x 1.5 EOUALS OR IS GREATER THAN DISTANCE TO FIRELANE USE SURCHARGE SCHEDULE A 1 FAY CAP i 300PSF BUILDING SURCHARCIF I nAD ACCOUNTED FOR IN DE310(1. • -.8-CLAy CAR USir/L3 ONSNE SOILS. [SACK FAcE MAY BE IRREGULAR EILTER FARRIC AROUND ORNILAGE ZONE CONTTILIODD GR,KEL OR CLEAN EPEE DRAINING ROCK. • •71.kl. GIP Cf.10114 EIL :10 FABRIC .4110 SAUD MEWS — COMPACTED SOIL BELOW WEEP PIPE RW2/1 MASONRY WALL SCHEDULE -1500 psf - 6V,IH BATTER - FIRELANE SURCHARGE BEARING CAPACITY ON NATURAL SOIL OR COMPACTED AND TESTED FILLS WALL CASE TOE BASE BAST BATTER FULLY MORTARED ZONE THICKNESS DRAINAGE 20NE BEARING HEIGHT WIDTH DEPTH (TOE) DEPTH RIEEII OF WALL THICKNESS CAPACITY H B DI C CI A E T G FULLY SEE B/RW1 1500 1' - 2" FULLY SEE B/RW1 2' - 10" 0' - 6" 1'- 3" 0'- 6" FULLY SEE 13/13W1 0' - 7"psf FOLLY SEE 13/RW1 5' • 0" 0' - 9" 6' - 0" D. - P.r 1 - 0 ' 1' - 2" 3' - 7" I - 6" 2' - 6" 1600 psf ' I. 10" l' • 10" 1700 psf 10' - 0" 11' 0" 9' 3" 3' 6" - 2' - 6" 1900 561710 DESIGN CRITERIA psf BEARING SLOPE TOP SLOPE BOT ACTIVE PRESSURE PASSIVE PRESSURE COEFFICIENT OF FRICTION SLIME OF BAcK UP WAIL SURCHARGE FIRCLANE SURCHARGE Q., P Pi 4,. 4,. a q 15013 psf 14.3 deg 14.3 deg 30 deg 30 deg 0.3 99.5 deg 350 psf FOOTING DEPTH MAY BE TERMINATED B" INTO SOUD UNFRACTURED LIMESTONE CUT AT BASE OF RETAINING WALL, IF ENCOUNTERED RW2/1 MASONRY WALL WITH FIRELANE SURCHARGE spiARs I ENGINEERING & SURVEYING LAIKr PARLI, '71:, 1(X) 71i175 • rin. r9PE No C.2 TEA PS Np. E.108.11141B Drown: MEE Checked: MThI Dote 10/7/2020 Job No, SCALE:IN Y.S. PAGE 13 OF 13 EXHIBIT B - RETAINING WALL MAINTENANCE EXHIBIT PROPOSED LOT 1, BLOCK A AVILLA TRAILS ADDITION CITY OF FORT WORTH, TEXAS Ora•Ing: G VOIR JOBSVg—ogg 1.40Mov — Allen -es° \ 19-099 Stu kkintenorce 501150)dx9 Sove,J 56 Veang Sore r•re: 10/26/2020 8.0503 AM Plotted by: mewing P'ol Me: 10/28/2020 8:09 AM 19-099 • *TRC* TARRANT Doc: 000305944 Date: 11/20/2020 Vol: 0000000 Page: 00000 Page: 21 Of 21