HomeMy WebLinkAboutContract 61411Date Received: 5/15/2024
Time Received: 11:12 a.m.
Permit No.: SWFMA-24-0037
City Secretary No.: 61411
REVOCATION OF
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into by and between Ladera FW LP, a
Texas limited partnership, 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 an
approximately 44.417 acre tract located in the Rufus Daniel Survey, Abstract No. 362,
Denton County, Texas according to the deed recorded in Instrument No. 2023-20996, in
the Deed Records, Denton 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 June 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. 57738
and which is recorded in Instrument No. 2022-96099 in the Deed Records, Denton
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 OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT
Revised 03/01/2022 BN Page 1 of 4
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.
57738) recorded in recorded in Instrument No. 2022-96099 in the Deed
Records, Denton 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 Denton 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 4
Executed this 16th day of May
CITY OF FORT WORTH
baha S'4q i0A(
Dana Bur2hdoff(May ,20241g:6 CDT)
Dana Burghdoff
Assistant City Manager
City of Fort Worth
Date: May 14, 2024
Approved as to Form and Legality:
Matthew Murray
Senior Assistant City Attorney
2024
LANDOWNER
Ladera FW LP
a Texas limited partnership
By: Ladera FW GP, LLC
a Texas limited liability company
Its: General Partner
�1
y: Austin Clinkscales
Its: Manager
Date: S—/i�S 2 G-1
City Attorney's Office
Contract Compliance Manager:
Date: May 13, 2024
By signing, I acknowledge that I am the
person responsible for the monitoring and
�oF FOR. 4;N
administration of this contract, including
ATTEST:
; 9.,Ao
ensuring all performance and reporting
requirements.
�
pdaaa�rezrig44
Jannette S. Goodall
Rebecca Owen (May 13, 202408:24 CDT)
City Secretary
Rebecca Owen
Date: May 15' 2024
Planning Manager
Date: May 13, 2024
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT
Revised 03/01/2022 BN Page 3 of 4
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on May 14th, 2024 by
Dana Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth.
�pRYPCe BROOKE BONNELL ,
Notary Public ,
* * STATE OF TEXAS
Notary I.D. 134009525 '
' �OF My Comm. Exp. Oct. 11, 2026 '
LANDOWNER
STATE OF i pXGI S
COUNTY OF �(l II GAS
Notary Public, State of Texas
BEFORE ME, the undersigned authority, a Notary Public in and for the ,State of
TPMj- , on this day personally appeared 4(h (/C/ .11 n k Sco') e.S
(name), l v\ U�V101(� 2 L (title), known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me
that he/she executed the same for the purposes and consideration therein expressed, as the
act and deed of �I eve F �/ L C (entity), a
'no r I (Yq I Veik ✓�90.vlm (entity type) and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this '{ �� day
of I" 1 rt,L , 20 24 . J EAN
to
Notary Public, State of
i��•'�TgTFOFt�6ry�:
Lo ,o :3e..• rL.
........
<<o ``"
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REVOCATION OF STORMWATER FACILITY MAINTENANCE AGREEMENT
Revised 03/01/2022 BN Page 4 of 4
Denton County
Juli Luke
County Clerk
Instrument Number: 96099
ERecordings-RP
AGREEMENT
Recorded On: June 30, 2022 08:48 AM
Number of Pages: 24
" Examined and Charged as Follows: "
Total Recording: $118.00
*********** THIS PAGE IS PART OF THE INSTRUMENT ***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information:
Document Number: 96099
Receipt Number: 20220630000143
Recorded Date/Time: June 30, 2022 08:48 AM
User: William D
Station: Station 8
Record and Return To:
Corporation Service Company
STATE OF TEXAS
G�uA'T! COUNTY OF DENTON
f j I hereby certify that this Instrument was FILED In the File Number sequence on the dateltime
printed hereon, and was duly RECORDED in the Official Records of Denton County, Texas.
G Juli Luke
846 County Clerk
Denton County, TX
Date Received: 06/29/2022 Permit No.: SWFMA-22-0032
Time Received: 5:00 pm City Secretary No.: 57738
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of June
28 , 2022 by and between ROANOKE 35/114 PARTNERS, L.P., a Texas limited
partnership, hereinafter referred to as "Landowner", the BEEC14WOOD BUSINESS
PARK ASSOCIATION, a Texas non-profit corporation, hereinafter referred to as
"Association" and the City of Fort Worth, hereinafter referred to as "City".
WITNESSETH
WHEREAS, Landowner is the owner of certain real property described as an
approximately 44.417 acre tract situated in the Rufus Daniel Survey, Abstract No. 362 and
the A. Feltas Survey, Abstract No. 1464, City of Fort Worth, Denton County, Texas, and
being the remainder of a called 67.33 acre tract of land described as Tract 1 — Parcel 1 in
the deed to Roanoke 35/114 Partners, L.P. and Roanoke 35/1I4 O&G, L.P., recorded in
Instrument No. 2007-21421, corrected in Instrument No. 20I4-46174, Official Public Records of
Denton County, Texas, and being more particularly described in the attached Exhibit "A--1"
("Property"); and
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as TMS Champions HAPT 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, Landowner, and Association, and their successors and
assigns, agree that the health. safety and welfare of the residents of the City of Fort Worth,
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03M112022 BN
Texas require that on -site Stormwater Management Facilities be constructed and
maintained on a portion of the Property; and
WHEREAS, the City requires that on -site Stormwater Management Facilities
("Facility") as shown on the Plan be constructed and adequately maintained by the
Landowner, its successors and assigns, including Association, the location and dimensions
of which are shown and more particularly described by metes and bounds in the attached
Exhibit "A-2" ("Facility Property"); and
WHEREAS, Landowner may convey the Facility Property to the Association, in
which event the Association shall accept the Facility Property where the Facility is
located; 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:
l . The Landowner and/or Association, its successors and assigns, shall adequately
construct and maintain the 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.
STOR MWATER FACILITY MAINTENANCE AGREEMENT 2
Rev_ 0310112022 BN
2. The Landowner and/or Association, 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, including berms, outlet structure,
pond areas, access roads, etc. Components of the Facility, which need
maintenance or replacement to perform their design function, shall be noted in
the inspection report along with the corrective actions to be taken.
3. The Landowner 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
and Association, its successors and assigns, copies of the inspection findings
and a directive to commence with the repairs if necessary.
4. If Landowner and/or Association, fails to maintain the Facility in good
working condition as specified herein, then 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 and/or Association, its
successors and assigns. It is expressly understood and agreed that the City
is under no obligation to routinely maintain or repair said Facility, and in
no event shall this Agreement be construed to impose any such obligation
on the City, such obligation is Landowner's and/or Association's. as
annUcable.
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
STORMWATER FACILITY MAINTENANCE AMEEMENT
Rev. 03/01/2022 BN
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 the
Property owned by the Landowner and the Association, its successors and
assigns. Such lien shall be perfected by filing in the office of the County Clerk
of Denton County, Texas an affidavit identifying the property to be charged
with such lien, stating the amount thereof, and making reference to this
Agreement. Accordingly, any perfected lien attaching to the Property shall
remain in full force and effect notwithstanding a subsequent conveyance or
transfer of the Property charged with such lien. Notwithstanding anything to
the contrary contained herein, the lien for the payment of such cost shall be
subordinate to the lien of any mortgage or deed of trust that secures the holder
of any bona fide indebtedness which is the result of an arm's length negotiation
that was recorded prior to the date of the perfected City lien. City agrees to
provide prior written notice to any holder of such indebtedness before filing a
lien and, after such written notice is provided, the City shall allow such
lienholder thirty (30) days to cure such applicable default before a lien may be
filed. This Agreement imposes no liability of any kind whatsoever on the City.
6. THE LANDOWNER AND ASSOCIATION AGREE TO HOLD THE
CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE
FACILITY FAILS TO OPERATE PROPERLY. LANDOWNER AND
ASSOCIATION COVENANT AND AGREE AND DO 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 LANDOWNER OR ANY
FUTURE OWNERS OF THE FACILITITY PROPERTY TO
MAINTAIN THE FACILITY, INCLUDING, BUT NOT LINIITED 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev_ 03/01/2022 BN
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 covenant and agree that no habitable building shall
be erected within the Facility Property. but this paragraph shall not preclude
construction of other improvements within the Facility Property. which do not
impede drainage. Landowner and Association covenants and agrees that no
habitable building shall be erected on the above property abutting the Facility
Property 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.
S. This Agreement shall be recorded among the land records of Denton 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.
Notwithstanding anything to the contrary contained in this Agreement,
Landowner nor any future owner of all or any portion of the Property shall be
liable under any indemnification or other obligations under this Agreement
with respect to claims. losses, damages, events or occurrences other than those
arising during or relating to the respective period of such Landowner's or
future owner's ownership of the Property.
[REMAINDER OF THIS PAGE TO REMAIN BLANK]
STORMWATER FACILffY MAINTENANCE AGREEMENT 5
Rev. 03/01/2022 BN
Executed this 28th day of June 2022.
CITY:
Dana sftd�
Dana Burgh o f un 28, 20222021 CDT)
Dana Burghdoff
Assistant City Manager
City of Fort Worth
Date: Jun 28, 2022
Approved as to Form and Legality:
Matthew Murray
City Attorney's Office
Date:
ATTEST:
Jun 28, 2022
, %ai?i &c �,f Govfe
Jannette S. Goodall (J in 29, 202216:30 CDT)
Jannette Goodall,
City Secretary
City of Fort Worth
Date: Jun 29, 2022
LANDOWNER:
Roanoke 35/114 Partners, L.P.,
a Texas limited partnership
By: Roanoke 35/114 Genpar, LLC
its generad partner UWk
B
William V. Boecker, Manager
Date: --Jl nQ f , .2 a a? -
ASSOCIATION
Beechwood Business Park Association,
a Texas non-pro;oratio
B:
Name: W �t1:e+v� V , spt_c-lhe.i
Title: Pt c.-L', � t.i- 4-
Date: I vtie (1-, -2o x'�k-
Contract Compliance Manager:
By signing 1 acknowledge that 1 am the
person responsible
for the monitoring and administration of
this contract, including
ensuring all performance and reporting
requirements.
Janie S. Morales, Planning Manager
Development Services
Date: Jun 28, 2022
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03101/2022 BN 6
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on June 29th , 2022, by Dana
Burghdoff, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort
Worth.
o�,zYA�eG WENDY L BEARDSLEE
Notary Public
* * STATE OF TEXAS
�y GV P Notary I.D. 13323719-3
°'Fof My Comm. Exp. July 28, 2025
STATE OF TEXAS §
COUNTY OF TARRANT §
Digitally signed by Wendy L
Wendy L. Beardslee Beardslee
Date. 2022.06.2914:04.46-05'00'
Notary Public, State of Texas
This instrument was acknowledged before me on , 2022, by
William V. Boecker, Manager of Roanoke 351114 Genpar, C, a Texas limited liability
company, on behalf of such limited liability company as general partner of Roanoke
351114 Partners, L.P., a Texas limited partnership, on behalf of such partnership.
STACI GONDANE j
Nou" Public
STATE OF TEXAS
t4owy ID N 12643S=
'►r os My CajwL ran. ra►w AN."
[seal]
Notary Public in 4pd for th State of Texas
Printed Name:
My commission expires: 0
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev_ 03101l2022 BN
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on , 2022.
by W ',\Vc-rr.V. authorized repres tative, acting on behalf of
the Beechwood Business Park Association, a Texas non-profit corporation.
$TACK yOPNbllic 1
n
•. ; * STATE OF TEXAS
i+s`. +r'► Nary ID # 12e436=
[Sea "�ir+""e� My Comm EW Manh 4 M4
Notary Public it
Printed Narme.2
My commission
the State of Texas
7
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev 03/01/2022 BN
LENDER CONSENT AND SUBORDINATION
The undersigned is the beneficiary under that certain deed of trust encumbering all
or a portion of the "Property" described within the STORMWATER FACILITY
MAINTENANCE AGREEMENT, which deed of trust is dated April 11, 2019, and was
recorded on April 11, 2019, as Docunnent No. 2019-39934, in the Real Property Records
of Denton County, Texas ("Deed of Trust''),
The undersigned beneficiary under the Deed of Trust hereby consents to the
STORMWATER FACILITY MAINTENANCE AGREEMENT and hereby
subordinates the lien of said Deed of Trust to the provisions of this STORMWATER
FACILITY MAINTENANCE AGREEMENT.
Dated: , 2022
Sim K
By:
Name:
Title: /VP &A nw gdrr
STATE OF TEXAS §
COUNTY OF TARRANT §
s lnstrum nt was acKnowlel
2022, by �s
behalf of sat 9 .
Miranda 14 FOM
Notary Pu ft StW of Teas -
My Cornet. Exp.12/23J2024
Notary tt312673?21-2
[seaj
me this
71A0W
Notary Public in
Printed Name:j
My commission
st ;IKS
fmmons Bank, on
or the Stag TeAas
STORMARTER RAGUTY MAJNTENANCE AMEEMENT g
Rev. 03101aM 8N
EXHIBIT "A-1"
LEGAL DESCRIPTION OF THE PROPERTY
(to be attached)
MIUvIWATER FACILITY MATNTENANCE AGREEMENT
Rev. 11119/2020 XE
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LEGAL DESCRIPTION OF THE FACILITY PROPERTY,
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev. 11/1912020 TLE
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CIRF 1/2" (ILLEGIBLE) US HWY 114 S89*S6'590'E
- — — — BRS N00'44'30W 1.56— ——lvu+usia nr�rA Pusuc Mcrr�av-rAr1
(CM)
-- - - - - - - ` 3.. 188.�3.
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$ CIRF 1/2" ti�b. 2,953 ACRES
\ (,HALFF
& ASSOC � (129,639 SO. FT.)P.O.C.01
♦ 1O�
`iT.O 20 (ATMEAxNc PIPELINE EASEMENT
{EASEMENT C J
XTO ENERGY, INC.
MIST. NO. 2014-110049
O.P.R.D.C.T.
ZONE :4' y
PER MA4'
CALLED 216.84 ACRES
TRACT 11
O'REILLY HOTEL
PARTNERS -CHAMPIONS CIRCLE, LLC'
MIST. 140. 2017-153615 do tP
INST. NO. 207-153616 �� \
O.P.R.D.C.T.. •�r>'i
LOT 1, BLQCK 2
BEECHWOOD BUSINESS PARK
\ CABINET R. PAGE 152
D P.R..C.T.
CALLED 12.2405 ACRES
PARCEL NO. 3 A. FEL. TAS SURVEY
THE STATE of TEXAS A-1464
INV. NO. 2006-152650
O.P.R.DG
— — — —— ---.---------.—
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C ANST. NO. 2014-110049 \
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1, Robert Glen Malay, certify that this plot was prepared
under my direct supervision from o survey made on
the ground on March 25, 2021, that this plat correctly (� OF TF
represents the facts found at the time of said survey. ��P C'\
ROBERT GLEN MALO`
!' ...................
°P...
OceSS10a' OQ
Robert Glen Moloy Texas R.P.L.S. No. 6028
SHEET 1 OF 2
NON -SHADED ZONE 'X'
PER FEW
CALLED 67.33 ACRES
TRACT 1 - PARCEL 1
ROANOKE 35/114 PARTNERS, L.P.
RO+ANOKE 35/114 0". L.P.
INST. N0. 20D7-21421 &
INST. NO. 2014-96174
O.P.R.D.C.T.
LEGEND / ABBREVIATIONS
— — — — —
ADJOINER LINE
BOUNDARY LINE
--
EASEMENT LINE
IRON ROD FOUND
O.P.R.D.C.T.
OFFICIAL PUBLIC RECORDS.
DENTON COUNTY, TEXAS
P.R.O.C.T.
PLAT RECORDS,
DENTON COUNTY, TEXAS
CIRF
CAPPED IRON ROD FOUND
GRAPHIC SCALE
0 100 200
I INCH - 100 FT,
EXHIBIT "A-2"
2.953 ACRES (128,639 SQ. FT.)
EASEMENT EXHIBIT
IN THE A. FELTAS SURVEY, A-1464
DENTON COUNTY, TEXAS
4100 INTERNATIONAL PLAZA
LANDPOINT FORT OR 240
WORTH, TX 76109
INS. (817)554-1805
www.londpoint.net
TBPELS REG. NO. 10194220
DRAWN BY: MJ CHECKED BY: RGM JOB NO. 21-0072-3
BEING all that certain 2.953 acre (128.639 Sq. Ft.) tract of lard situated in the A. Fella$ Survey, Abstract No.
1464, Denton County, Texas, and being o port of a called 67.33 acre tract of land therein described as Tract 1
- Parcel 1, conveyed by Special Warranty peed to Roanoke 35/114 Partners, L.P., recorded in Instrument
Number 2007-21421 and Instrument Number 2014-96174. of the Official Pubic Records of Denton County,
Texas, and being more particularly described by Metes and Bounds as follows:
COMMENCING at a 1/2-inch iron rod with cap stamped "HALFF & ASSOC" found (Controlling Monument) for a
westerly comer of sold 67.33 acre tract of land, and bang in the East line of that certain called 216.48 acre
tract of land. described as Track II in deed conveyed to O'Reilly Hotel Partners-Champlans Circle, I.I.C. recorded
in Instrument Number 2017-IWGIS and Instrument Number 2017-153616, of the Official Putoc Records of
Denton County, Texas, some being the East fine of that certain tract of load called Lot 1. Bladt 2, as shown
on the plot of Besohwood Business Park. recorded in Cabinet R. Page 152. of the Plat Records of Denton
County. Texas, from which a 1/2-inch iron rat with cap (illegible) found (Controlling Monument) for the
Northeast corner of said 216AS acre tract of land bears N00r04'30*A, o distonce of 122.83 feet;
is THENCE S3541'181. with the West lies of said 67.33 acre tract of land and the East line of said 216.48 ape
# tract of land, o distance of 101.95 feet to a paint for comer for the POINT OF BEGINNING;
c THENCE crossing through said 67.33 acre tract of land the following Two (2) courses and distances:
.0 1. N54.19'06'E, o distance of 256.95 feet to a point for comer;
U
2. N73'16'33'E, a distance of 185.43 fast to a point for comer in the North One of said 67.33 acre tract of
land, and being in the South right-of-way line of U.S. Highway 114 (a variable width right-of-way), descnbed
as Porcel No. 3 in deed to The State of Texas, retarded in Instrument Number MG-152650, of the Official
L Public Records of Denton County, Texas, from which the Northwest corner of sold 67.33 acre tract of land
bean NW56'59'W, a distance of 180.43 feet;
O v THENCE S89'S6'59'E. with the North Ina of said 57M acre tract of land and the South right-of-way line of
L said U.S. Highway 114. a distance of 81.77 feet to o point for comer;
Q
in
THENCE crossing through said 67.33 acre tract of land the following Two (2) courses and distance@:
1, SD1'49'33"W, a distance of 252.47 feet to o point for comer;
G 2. S54'19'08'W, a distarreff of 347,82 feet to a paint for comer in the west line of said 67.33 acre tract of
U land and the East One of said 21 &84 acre trod of land;
THENCE N35'40'52'W, with the West line of said 216.84 acre trod of land and the East line of said 216.04
acre tract of land, a distance of 309.35 feet to the POINT Or BEGINNING and containing 2.953 ones (128.639
Sq. Ft.) of land, more or less.
I, Robert Glen Malay, certify that this plat was preporec
under my direct supervision from a survey made or
the ground on March 25, 2021, that this plat correct)
represents the facts found at the time of said survey.
&Or
Robert Glen Matoy � R.P.L.S. No. 6028
y `P `Sr I
ROBERT GLEN MALOY
Apo6028 pV•�ey
SHEET 2 OF 2
EXH I BIT 11A-21'
2.953 ACRES (128,639 SQ. FT.)
EASEMENT EXHIBIT
IN THE A. FELTAS SURVEY, A-1464
DENTON COUNTY, TEXAS
-
4100 INTERNATIONAL PLAZA
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TBPELS REG. NO. 10194220
DRAWN BY: MJ CHECKED BY: RGM
JOB NO. 21-OD72-3
EXHIBIT "B"
DESIGN SPECIFICATIONS FOR THE FACILITY
SPORMWATER FACILITY MAINTENANCE AGRE UAENT i l
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EXHIBIT "C"
CITY OF FORT WORTH STORMWATER FACILITY
OPERATION AND MAINTENANCE PLAN
The only responsibility the City of Fort Worth has in the operation and maintenance of this
Facility is inspection.
General Maintenance Procedures
The structural and functional integrity of the Facility shall be maintained at all times by
removing and preventing drainage interference, obstructions, blockages, or other adverse
effects into, through, or out of the system.
Periodic silt removal shall occur when standing water conditions occur or the pond's storage
volume is reduced by more than 10%. Silt shall be removed and the pond/basin returned to
original lines and grades shown on the approved engineering plans. In addition, corrective
measures are required any time a basin does not drain completely within 72 hours of cessation
of inflow. NO STANDING WATER IS ALLOWED in basins designed for dry detention
purposes.
Accumulated litter, sediment, and debris shall be removed every 6 months or as necessary to
maintain proper operation of the basin. Disposal shall be in accordance with federal, state and
local regulations.
Detention facilities shall be mowed monthly between the months of April and October or
anytime vegetation exceeds 12-inches in height.
To prevent debris from entering and clogging the downstream storm sewer system a wire
mesh screen or similar screening device shall be installed over the outlet until final
acceptance.
4. PREVENTIVE MAINTENANCE/INSPECTION
• Visual inspections of all components will be conducted every 6 months.
• All temporary and permanent erosion and sediment control practices shall be
maintained and repaired as needed to assure continued performance of their intended
function.
• Discharge points shall be inspected regularly (at least as often as required by the
TPDES Construction General Permit) for evidence of downstream erosion. Repair
dislodged or missing rock riprap. The development of head -cuts, the deepening or
widening of the channel, or low flow channels developing within the main channel are
all evidence that additionally velocity dissipation measures are required until
permanent structures are installed.
• The facility shall be inspected and maintained periodically to prevent growth of trees,
and overgrowth of grass and weeds.
STORM WATER SACIUYY MAINTENANCE AGREEMENT 12
Rev_ 11119/2020 JLE
• Scour should be checked for periodically at the channel lining transitions and channel
head cutting.
• Riprap should be placed on a lining of filter fabric to prevent soil movement into or
through the riprap. The perimeter of the filter fabric must be keyed into the ground a
minimum of 6 inches. The filter fabric should be inspected and maintained to avoid
erosion and undercutting.
• Gabions shall be inspected regularly and after every large storm event. Any broken
wire mesh shall be repaired when necessary.
• Inspector shall ensure that there is no erosion at all edges of the gabions and riprap. If
erosion is found, additional erosion measures shall be added to ensure the structural
integrity of the gabion drop structure.
• 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.
STORM W ATER FACQ.rrY MAINTENANCE AGREEMENT 13
Rev. 11/19/2020 JLE
EXHIBIT "D"
STORMWATER STRUCTURAL MAEWENANCE CHECKLIST
FREQUENT INSPECTION
Mowing
Remove trash and debris
Inspect irrigation system
operation
Remove grass clippings
Violations noted
MINOR INSPECTION
Drop Structure Condition
Riprap Condition
Channel Condition
Amount of silt in channel
Amount of silt in gabions
Amount of ponded water
Amount of wetland vegetation
Location of erosion
Percent of vegetation
MAJOR INSPECTIONS
Drop Structure Condition
Riprap Condition
Channel Condition
Berm or embankment
settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic life
Condition of Aeration
Foundation
DATE REPAIRS REPAIRS NOTES
REQUIRED MADE
STORMWATER FACILITY MAMTENANCE AGREEMENT 14
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