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HomeMy WebLinkAbout065104 - Construction-Related - Contract - Quail Valley Devco V, LLCDate Received: 4/27/2026 Permit No.: MAINT26-001 Time Received: 10:49 a.m. City Secretary No.: 65104 OFFICIAL RECORD CITY SECRETARY RETAINING WALL FT. WORTH, Tx MAINTENANCE AGREEMENT FOR RETAINING WALLS SUPPORTING THE CITY'S RIGHT-OF-WAY This Retaining Wall Maintenance Agreement ("Agreement"), is made and entered into by and between the City of Fort Worth ("City"), a home -rule municipal corporation of the State of Texas, and Quail Valley Devco V, LLC ("Developer"), acting by and through its duly authorized representative. WHEREAS, the Developer is the owner of certain real property described as Tract 1 and Tract 2, situated in the I & G.N. Railroad Company Survey Abstract No. 1995 and No. 1996 respectively, Fort Worth, Parker County, Texas according to the Special Warranty Deed recorded in Document No. 202426155, D eed Records, Parker County, Texas, ("Property"); and WHEREAS, the Developer is developing the Property into a residential subdivision in accordance with Preliminary Plat PP-23-040, IPRC Construction Plans IPRC24-0023, and the final plat FP-24-142; and WHEREAS, in connection with the development of the Property, Developer desires to construct retaining walls (including the backfill, compacted soil and de -watering system), which are more specifically identified and described by metes and bounds and a closure report in Exhibit A, which is attached hereto and incorporated herein by reference ("Retaining Walls"); and WHEREAS, the Retaining Walls will support the City's right-of-way that is being constructed by Developer and the public infrastructure Developer constructs within the right-of-way or separate easements; and WHEREAS, the use of the Retaining Walls to support the City's roadways is not a standard method of construction approved by the City, and the City does not have funds appropriated to maintain or replace retaining walls that support the City's right-of-way; and WHEREAS, failure of the Retaining Walls could result in the catastrophic failure of the City's right-of-way, the roadway constructed within the right-of-way, and other public infrastructure constructed in, on, or under the right-of-way; and WHEREAS, in order to obtain the City's approval of the construction of the Retaining Walls to support the right-of-way, City requires that Developer and its successors and assigns be responsible for the routine inspection and maintenance of the Retaining Walls and the replacement of the Retaining Walls and the City's public infrastructure supported by the Retaining Walls should the Retaining Walls be destroyed or otherwise fail to function as designed; NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants contained herein, and the following terms and conditions, City and Developer agree as follows: RETAINING WALL MAINTENANCE AGREEMENT Page 1 of 10 1. Incorporation of Recitals City and Developer agree that the foregoing recitals are true and correct, form the basis upon which this Agreement is entered into and are hereby incorporated herein by reference for all purposes. 2. Engineering Plans Review and Construction Developer has provided engineering design, supporting calculations, Geotech reports and specifications in accordance with engineering industry standards all signed and sealed by a licensed professional engineer in the State of Texas to the City for review and acceptance. The Retaining Walls must be designed in accordance with Sections 03 30 00 and 32 32 13 of the City of Fort Worth's specifications. The design and calculations for the retaining walls, and specifications must be signed and sealed by a structural engineer licensed in the State of Texas that is retained by Developer. City has reviewed and approved the engineering plans and specifications for the Retaining Walls prior to the Retaining Walls being constructed and before any early grading permits will be issued by the City to Developer. Developer shall cause the Retaining Walls to be constructed in accordance with the engineering plans and specifications accepted by the City. Developer shall submit all signed and sealed revisions to the engineering plans and specifications to the City for review and acceptance prior to any construction pursuant to the revised signed and sealed engineering plans and specifications. 3. Inspection and Maintenance Bond Developer shall allow the City's inspectors to have access to the property where the Retaining Walls are being constructed at all times to verify the Retaining Walls are constructed in accordance with the approved plans and specifications. Developer shall hire a third -party material testing laboratory from the City's approved list to test the Retaining Walls and the soil compaction in the vicinity of the Retaining Walls and provide the City with all testing information in conjunction with the construction of the Retaining Walls. 4. Inspection and Maintenance Developer, and its successors and assigns, shall adequately maintain the Retaining Walls at no expense to the City in accordance with the engineering plans and design specifications for the Retaining Walls. Adequate maintenance is herein defined as good working condition so that the Retaining Walls are performing their designed functions. Developer, and its successors and assigns, shall have the Retaining Walls inspected by a structural engineer licensed in the State of Texas within one year after they are constructed and accepted by the City and each year thereafter. The inspection shall determine whether the Retaining Walls are defective, damaged, or deformed; safe; and functioning in accordance with the approved design. The inspection shall cover the entirety of the Retaining Walls and shall identify all areas that require maintenance or replacement to ensure the Retaining Walls perform as designed and intended and the inspection report shall note all corrective actions to be taken. Developer, and its successors and assigns, shall complete all maintenance, replacement or corrective actions identified in the inspection report within sixty days of the date of the inspection report. Any emergency maintenance, replacement or corrective actions RETAINING WALL MAINTENANCE AGREEMENT Page 2 of 10 shall be completed within fifteen calendar days of the date of the inspection report unless completion is delayed due to weather, availability of materials, or other factors beyond the reasonable control of Developer. 5. Access Developer, and its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property to inspect the Retaining Walls whenever the City deems necessary. The purpose of the inspections is to follow-up on reported deficiencies, respond to citizen complaints, to perform periodic inspections, and for the City to perform maintenance or repairs should Developer and its successors and assign fail to perform the maintenance or repairs. The City shall provide Developer and its successors and assigns with notice of any inspection findings and provide an opportunity for Developer and its successors and assigns to perform the maintenance and repairs within sixty days of receipt of notice from the City, or fifteen calendar days of receipt of notice from the City for emergency repairs in accordance with Section 4 of this Agreement. 6. Repairs by City If Developer or its successors and assigns fail to maintain the Retaining Walls in a good working condition acceptable to the City, then the City and its agents, employees, and contractors may enter upon the Property and take whatever steps are necessary to correct the deficiencies identified in the inspection report and to charge the costs of such maintenance, repairs, or replacement of the Retaining Walls to Developer and its successors and assigns. It is expressly understood and agreed that the City is under no obligation to routinely inspect, maintain, repair, or replace the Retaining Walls, and in no event shall this Agreement be construed to impose any such obligation on the City, such obligation being Developer and its successor and assigns. 7. Reimbursement to City and Liens If the City, pursuant to this Agreement, performs any work to maintain, repair, or replace the Retaining Walls, then Developer or its successors and assigns shall reimburse the City for all costs, including but not limited to labor, equipment, supplies, and materials, within thirty (30) days of receipt of notice from the City and accompanied by an accounting of the costs. If Developer, or its successors or assigns, fail to pay to the City the costs incurred within thirty (30) days of receipt of notice from the City, the City shall be authorized to place a lien for such costs on the property identified in Exhibit "A", which is attached hereto and incorporated herein by reference. Such lien shall be perfected by filing in the office of the County Clerk of Parker County, Texas an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this Agreement. 8. Liability and Indemnity This Agreement imposes no liability of any kind whatsoever on the City. DEVELOPER AGREES TO HOLD THE CITY HARMLESS FROM ANY LIABILITY IN THE EVENT THE RETAINING WALLS FAIL TO OPERATE PROPERLY, OR DEVELOPER BREACHES OR RETAINING WALL MAINTENANCE AGREEMENT Page 3 of 10 FAILS TO PERFORM ANY DUTY IMPOSED ON DEVELOPER PURSUANT TO THIS AGREEMENT. DEVELOPER COVENANTS AND AGREES AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND EMPLOYEES FROMAND AGAINST ALL COSTS, EXPENSES, LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE FAILURE OF DEVELOPER TO INSPECT, MAINTAIN, REPAIR, OR REPLACE THE RETAINING WALLS IN ACCORDANCE WITH THIS AGREEMENT, OR AS A RESULT OF ANY DAMAGES CAUSED TO PERSON OR PROPER TYDUE TO DEVELOPER'S FAILURE TO PERFORM ANY D UTY PURSUANT TO THIS AGREEMENT, EROSION OF THE SOIL BELOW THE RETAINING WALLS AND THEIR FOOTINGS, OR FAILURE OF THE RETAINING WALLS TO OPERATE IN A MANNER CONSISTENT WITH THEIR DESIGN. 9. Covenant Running with the Land This Agreement shall be recorded among the land records of Parker County, Texas, and shall constitute a covenant running with the land, and shall be binding on Developer, its administrators, executors, assigns, heirs and any other successors in interests, including any property owners association or homeowners association. 10. Notices All notices required or permitted under this Agreement may be given to a party by hand - delivery or by mail, addressed to such party at the address stated below. Any notice so given shall be deemed to have been received when deposited in the United States mail so addressed with postage prepaid: CITY: Development Services Department Attn: Assistant Director - Infrastructure City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 With copies to: City Attorney's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 and City Manager's Office City of Fort Worth 100 Fort Worth Trail Fort Worth, Texas 76102 DEVELOPER: Quail Valley Devco V, LLC Attn: Seth Carpenter 400 S Record St, Ste 1200 Dallas, Texas 75202 RETAINING WALL MAINTENANCE AGREEMENT Page 4 of 10 Or to such other address one party may hereafter designate by notice in writing addressed and mailed or delivered to the other party hereto. 11. Applicable Law; Venue This Agreement shall be construed under and in accordance with Texas law. Venue shall be in the state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 12. Non -Waiver The failure of the City to insist upon the performance of any term or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment to any extent of City's right to assert or rely on any such term or right on any future occasion. 13. Governmental Powers and Immunities. It is understood that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 14. Headings The paragraph headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement. 15. Severability In the event that any clause or provision of this Agreement shall be held to be invalid by any court of competent jurisdiction, the invalidity of such clause or provision shall not affect any of the remaining provisions hereof. 16. Review of Counsel City and Developer, and if they so choose, their attorneys, have had the opportunity to review and comment on this document; therefore any rule of contract construction or interpretation that would normally call for the document to be interpreted as against the drafting party shall not apply in interpretation of this Agreement, and each section, portion, and provision of this Agreement shall be construed solely on the basis of the language contained therein, regardless of who authored such language. 17. Amendment RETAINING WALL MAINTENANCE AGREEMENT Page 5 of 10 No amendment, modification, or alteration of the terms of this Agreement shall be binding unless the same is in writing, dated subsequent to the date hereof, and duly executed by the City and Developer. 18. Assignment and Successors Developer shall not assign or subcontract all or any part of its rights, privileges, or duties under this Agreement without the prior written consent of City. Any attempted assignment or subcontract without the City's prior written approval shall be void and constitute a breach of this Agreement. 19. No Third -Party Beneficiaries The provisions and conditions of this Agreement are solely for the benefit of the City and Developer, and any lawful assign or successor of Developer, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 20. Signature Authority The person signing this Agreement on behalf of Developer warrants that he or she has the legal authority to execute this Agreement on behalf of the Developer, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The City is fully entitled to rely on this warranty and representation in entering into this Agreement. 21. Counterparts This Agreement may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. 22. Entire Agreement This written instrument, together with any attachments, exhibits, and appendices, constitutes the entire understanding between the City and Developer concerning the work to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. [REMAINDER OF THIS PAGE TO REMAIN BLANK] RETAINING WALL MAINTENANCE AGREEMENT Page 6 of 10 EXECUTED to be effective on the date signed by the City's Assistant City Manager. CITY OF FORT WORTH C�4T� Jesica L. McEachern Assistant City Manager Date: 04/26/2026 Approved as to Form and Legality: ��Gr22 Richard A. McCracken Sr. Assistant City Attorney No M&C Required Form 1295: N/A �oF Fonrgn°a ATTEST: ° part � �.n.nsx�c. % .hh$1�.A.y Qa�4naEzaso4." Jannette S. Goodall City Secretary STATE OF TEXAS COUNTY OF TARRANT 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. ja-,jb�) Kandice Merrick Contract Compliance Manager This instrument was acknowledged before me on April 26, 2026 by Jesica L. McEachern, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth. rR P,, KATHLEEN BRADFORD Notary Public * t STATE OF TEXAS Notary I.D. 1Z'197197 OF Ivly comm. I~x ,Apr. 12, 242� Notary Public, State of Texas OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX RETAINING WALL MAINTENANCE AGREEMENT Page 7 of 10 DEVELOPER By: Seth Its: Vice President of Development Date: 3• (Q zt,z 4-, STATE OF 'F ' G § COUNTY OF .. Qe (l61' § ir BEFORE ME, the undersigned authority, a Notary Public in and for the State of INQ S , on this day personally appeared SC' (name), _VLi Fro il(Um+ (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 M ati` V64IN2,vi beilt is V. LL.G (entity), a —10kg 4MI14,11 it o, }t'1� (X;Wjo t,Kt-J (entity type) and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this I(;L15 day of ,M aal% , 2026. yp�e ANNAMILES Notary Public, State of JX ID #is1 My Commission ion EX Expires O April 19, 2026 v vw++.vevw.v r+•awv�^^^^ RETAINING WALL NJAINTENANCE AGREEMENTPage 8 of 10 EXHIBIT A RETAINING WALL MAINTENANCE AGREEMENT Page 9 of 10 WALSH RANCH - QUAIL VALLEY - PLANNING AREA 5A MAINTENANCE AGREEMENT - "TRACT 1" BEING a 0.0628-acre tract of land situated in the I. & G.N. Railroad Company Survey, Abstract No. 1995, and being a portion of that certain 212.7 acres of land described by Special Warranty Deed to Quail Valley Devco V, LLC as recorded in Document No. 202426155 of the Official Public Records of Parker County, Texas (O.P.R.P.C.T.) and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8-inch iron rod found with plastic cap stamped "Huitt-Zollars for a common easterly corner of said 212.7-acre tract and a westerly corner of a 21.36-acre tract of land described in Special Warranty Deed to Walsh Homeowners Association I, LLC as recorded in Document No. 202426158 (O.P.R.P.C.T), from which a 5/8-inch iron rod found with plastic cap stamped "Huitt-Zollars'° for a common easterly corner of said 212.7-acre tract and a westerly corner of said 21.36-acre tract bears North 10 degrees 00 minutes 00 seconds East, a distance of 250.00 feet; THENCE over and across said 212.7-acre tract the following: North 80 degrees 00 minutes 00 seconds West, a distance of 172.01 feet to a point; South 10 degrees 00 minutes 00 seconds West, a distance of 414.14 feet to a point; North 79 degrees 39 minutes 20 seconds West, a distance of 268.22 feet to a point at the beginning of a non -tangent curve to the left having a central angle of 27 degrees 05 minutes 29 seconds, a radius of 595.00 feet and being subtended by a 278.72-foot chord which bears North 81 degrees 33 minutes 15 seconds West; Along said curve to the left, an arc distance of 281.34 feet; South 84 degrees 54 minutes 00 seconds West, a distance of 150.00 feet to a point at the beginning of a curve to the left having a central angle of 16 degrees 28 minutes 25 seconds, a radius of 595.00 feet and being subtended by a 170.49-foot chord which bears South 76 degrees 39 minutes 47 seconds West; Along said curve to the left, an arc distance of 171.07 feet to a point; North 21 degrees 34 minutes 25 seconds West, a distance of 26.00 feet to a point, South 68 degrees 59 minutes 38 seconds West, a distance of 73.35 feet to a 5/8-inch iron rod set with plastic cap stamped "Huitt-Zollars" for the POINT OF BEGINNING of the herein described tract; South 22 degrees 10 minutes 44 seconds East, a distance of 25.63 feet to a 5/8-inch iron rod set with plastic cap stamped "Huitt-Zollars" at the beginning of a curve to the left having a central angle of 25 degrees 02 minutes 58 seconds, a radius of 58.00 feet and being subtended by a 25.16-foot chord which bears South 80 degrees 32 minutes 08 seconds West; Along said curve to the left, an arc distance of 25.36 feet to a 518-inch iron rod set with plastic cap stamped "Huitt-Zollars"; Page 1 of 5 J:\Survey\30306100-Walsh Ranchj02-Qwail Valley\PA5\05.11 Surveyj10 GADD & BIM\10.20 Legal Descriptions\WR PASAWAINT AGREEMENT TRi-LGL.docx WALSH RANCH - QUAIL VALLEY - PLANNING AREA 5A MAINTENANCE AGREEMENT -"TRACT 1" South 68 degrees 00 minutes 39 seconds West, a distance of 110.33 feet to a 5/8-inch iron rod set with plastic cap stamped "Huitt-Zollars"; North 22 degrees 10 minutes 44 seconds West, a distance of 19.73 feet to a 5/8-inch iron rod set with plastic cap stamped "Huitt-Zollars"; North 67 degrees 49 minutes 16 seconds East, a distance of 134.87 feet to the POINT OF BEGINNING and containing 2,735 square feet or 0.0628 of an acre of land, more or less. Bearings are based on the State Plane Coordinate System, Texas North Central Zone (4202), North American Datum 1983 (2011). All distances are surface values and can be converted to grid values by dividing by the combined scale factor of 1.00015539999. A plat of even survey date herewith accompanies this property description. For Huitt-Zollars, Inc. J d , Mitchell S. Pillars OF. TF Registered Professional Land Surveyor \�;. c,�sTE�;F.+ Texas Registration No. 5491 ° & Huitt-Zollars, Inc. ZI�IITCHEL_L SAGUN PILLAR TBPELS Firm Registration No. 10025600 """""""""" + ' ti �491 .: 5430 LBJ Freeway, Suite 1500 > �-7'•:'OF Dallas, Texas 75240 `t'4���. (214) 871-3311, pillar(cDhuitt-zollars.com Date: March 19, 2026 Page 2 of 5 J:\Survey\30306100-Walsh Ranch\02-Quail Valley\PA5\05.11 Survey\10 CADD & BIM\10.20 Legal Descriptions\WR PA5A-MAINT AGREEMENT TR1-LGL.docx �+ 10 O E —__— -q f Z 0 .•Ir 1.� b r'9rnO r o ^C20 j �f�'^ppy I SD j� �' 1 A rn o s. o - �rC S Ot 1 C C ul +"�1t2 * C 1 anCr vl� i -' "UNGYCA y ly i � 'j this m m O }: ;rg -i m �® O a 1 1 a— V a Q 4, � 1 i J to g�� e � m • • G) m YELLOW YUCCA -- LANE — n I � 9 €erg fo 913 lc:p p -g g MATCH LINE SHEET 5 P MATCH LINE SHEET4 en Q '----- J. a 4 _ 1~ _` 10, vo w � 4I4I4" DOMIy130 DRIVE s ravovo . r w A 414.1 o 11i N N= p �I to cn Fn rl A �2ar q' m m C3 nM �� 1 En L� � ens '�� , 0o2< " o �a � �n'Al�o �ffivm m cn J C M K ffi m p 0. 0 o I, T � m tp 1 " .� a " " I 5 i 5 O f t v v� N- >�r \� � u11 w m z fN �n ` o C= cl),� n _ , ElEi6 22 a •'L ' r m 0 ~ tit Z z z-n 00 10 W Ce 1 (A , o Z r Q `r I i N X 1 ` . it 1120 top — x - w ui o 1 O E� z 1 y % A gc — pm1� Zrp- ti MT 0 o 0 C-) r c C> M d" Z � C = W 11 m P m $1 II p _ r yzw dl S f W ZZ m-ti cn N Jf W m�mc ` m rn YELLOW YUCCA g 71 m JJ------------ MATCH LINE SHEET 5 R, Z ` MATCH LINE SHEET 4 HR Deed Report Fri Jan 2 10:19:35 2026 Deed Name: WR PA5-MAINT AGREEMENT-TR1-CLSR Starting Coordinates: Northing 0.00, Easting 0.00 Distance Units: Feet Bearing Distance Type Radius Arc Len Delta Tangent Description S 22010144" E 25.63 LINE TPOB S 80032108" W 25.16 CURVE L 58.00 25.36 25002'58" 12.88 Rad-In: S 03*03'37" W Rad-Out: S 21'59121" E S 68000'39" W 110.33 LINE N 22010144" W 19.*73 LINE N 6V49'16" E 134.87 LINE Ending Coordinates: Northing 0.00, Easting -0.00 Area: 2734.80 S.F., 0.0628 Acres Total Perimeter Distance: 341.55 Closure Error Distance: 0.00 Error Bearing: N 62'50'43" W Closure Precision: 1 in 90881.4 Page 1 of 1 WALSH RANCH - QUAIL VALLEY - PLANNING AREA 5A MAINTENANCE AGREEMENT— "TRACT 2" BEING a 0.1565-acre tract of land situated in the I. & G.N. Railroad Company Survey, Abstract No. 1996, and being a portion of that certain 212.7 acres of land described by Special Warranty Deed to Quail Valley Devco V, LLC as recorded in Document No. 202426155 of the Official Public Records of Parker County, Texas (O.P.R.P.C.T.) and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8-inch iron rod found with plastic cap stamped "Huitt-Zollars" for a common easterly corner of said 212.7-acre tract and a westerly corner of a 21.36-acre tract of land described in Special Warranty Deed to Walsh Homeowners Association I, LLC as recorded in Document No. 202426158 (O.P.R.P.C.T), from which a 5/8-inch iron rod found with plastic cap stamped °Huitt-Zollars" for a common easterly corner of said 212.7-acre tract and a westerly corner of said 21.36-acre tract bears North 10 degrees 00 minutes 00 seconds East, a distance of 250.00 feet; THENCE over and across said 212.7-acre tract the following: North 80 degrees 00 minutes 00 seconds West, a distance of 172.01 feet to a point; South 10 degrees 00 minutes 00 seconds West, a distance of 414.14 feet to a point; North 79 degrees 39 minutes 20 seconds West, a distance of 268.22 feet to a point at the beginning of a non -tangent curve to the left having a central angle of 27 degrees 05 minutes 29 seconds, a radius of 595.00 feet and being subtended by a 278.72-foot chord which bears North 81 degrees 33 minutes 15 seconds West; Along said curve to the left, an arc distance of 281.34 feet„ South 84 degrees 54 minutes 00 seconds West, a distance of 150.00 feet to a point at the beginning of a curve to the deft having a central angle of 04 degrees 46 minutes 02 seconds, a radius of 595.00 feet and being subtended by a 49.49-foot chord which bears South 82 degrees 30 minutes 59 seconds West; Along said curve to the left, an arc distance of 49.51 feet; North 09 degrees 52 minutes 02 seconds West, a distance of 114.83 feet to a point; North 11 degrees 14 minutes 20 seconds West, a distance of 169.68 feet to a 5/8-inch iron rod set with plastic cap stamped "Huitt-Zollars" for the POINT OF BEGINNING of the herein described tract, same being the beginning of a non -tangent curve to the left having a central angle of 08 degrees 18 minutes 58 seconds, a radius of 580.09 feet and being subtended by an 84.12-foot chord which bears South 51 degrees 27 minutes 29 seconds West; Along said curve to the left, an arc distance of 84.19 feet to a 5/8-inch iron rod set with plastic cap stamped "Huitt-Zollars"; Page 3 of 5 k\5uevey130306100-Walsh Ranch\02-Quail Valley\PA5j05.11 Survey110 CADD & BIM`10.20 Legal Descr ptions`W R MA-IVIAINT AGREEMENT TiR2-LGLAou WALSH RANCH - QUAIL VALLEY - PLANNING AREA 5A MAINTENANCE AGREEMENT —"TRACT 2' South 47 degrees 18 minutes 00 seconds West, a distance of 126.22 feet to a 5/8-inch iron rod set with plastic cap stamped "Huitt-Zollars" at the beginning of a curve to the right having a central angle of 07 degrees 07 minutes 44 seconds, a radius of 1046.00 feet and being subtended by a 130.06-foot chord which bears South 50 degrees 51 minutes 52 seconds West; Along said curve to the right, an arc distance of 130.15 feet to a 5/8-inch iron rod set with plastic cap stamped "Huitt-Zollars"; North 35 degrees 34 minutes 16 seconds West, a distance of 20.00 feet to a 518-inch iron rod set with plastic cap stamped "Huitt-Zollars" at the beginning of a non -tangent curve to the Left having a central angle of 07 degrees 07 minutes 44 seconds, a radius of 1026.00 feet and being subtended by a 127.58-foot chord which bears North 50 degrees 51 minutes 52 seconds East; Along said curve to the left, an arc distance of 127.66 feet to a 518-inch iron rod set with plastic cap stamped "Huitt-Zollars"; North 47 degrees 18 minutes 00 seconds East, a distance of 126.22 feet to a 5/8-inch iron rod set with plastic cap stamped "Huitt-Zollars" at the beginning of a curve to the right having a central angle of 08 degrees 19 minutes 54 seconds, a radius of 599.00 feet and being subtended by an 87.03-foot chord which bears North 51 degrees 27 minutes 57 seconds East; Along said curve to the right, an arc distance of 87.10 feet to a 5/8-inch iron rod set with plastic cap stamped "Huitt-Zollars", South 34 degrees 22 minutes 06 seconds East, a distance of 19.99 feet to the POINT OF BEGINNING and containing 6,815 square feet or 0.1565 of an acre of land, more or less. Bearings are based on the State Plane Coordinate System, Texas North Central Zone (4202), North American Datum 1983 (2011). All distances are surface values and can be converted to grid values by dividing by the combined scale factor of 1.00015539999. A plat of even survey date herewith accompanies this property description. For Huitt-Zollars, Inc. Mitchell S. Pillar `r Re istered Professional Land Surve or yI �ti3�T Texas Registration No. 5491 ��- 1 HUltt-Zollars, Inc. y� ; 6,1i'r(;HELL SAULfN P11•� TBPELS Firm Registration No. 10025600.................. .• > 5430 LBJ Freeway, Suite 1500 c Dallas, Texas 75240 ..... (214) 871-3311 pillar .huitt-zollars.com Date: March 19, 2026 Page 2 of 5 1:\Survey\30306100-Walsh Ranch\02•Quail Valley\PA5\05.115urvey\la CADD & 6IM\10.20 Legal Descriptions\WR MA-MAINT AGREEMENT TR2-LGL.docx iiY<; • �+j N _ C 0C r [A y F 1 p m r�i c�ra 'mo Q w z 3 do N eo Gg} V W aoLn f m Zmi 1I r f I c C g-�ir I � o q' a I I 1 1 I aQ I I I Y I } 1 x l � i 1 4 0 Q m p C m z G) x Fa 1 0 q CD _ cn o — - YELLOW YUCCA ff 3d m ' MATCH LINE SHEET 8 5 n g g "mx�Me MATCH LINE SHEET 4 c --------------- 1 a '`— S10 414.14' DRIVE 414.�j —D— r� — T a * am N= 0C ++ mm X a M rn S7, 0 -u iq b o IPA CDY A.� � � A� . fa 0 2 a cl y A In [A JNrn�®#ZA ii nrC, wcm 0> c7tozC) Ll ni ��� � x ��� � �< cn � s3.�, y m v� � ?� -mi ©' qvq m i� C1e i� 4 a 4 09 VN� f I \C7J NJ NX y oc dl� Q r 0 O z C z 70 8 z r �N0`-'� N �j a rnrn C W rcn xn E � o x 2 � �� o all _ YELLOW YilCC� 'LAhI E b c • L�7 n m yy ps� Qry± Y ppa 54 %4 Y � l \ n VV 1 TT W m of z -I zo a Q c� t� 04 0 c' T. 4 X f I I C f A (T � nn-4>.v x co �� ci; nr a L a. r y „Amcor e a ` m ps ^img MATCH LINE SHEET 5 MATCH LINE SHEET 4 ,' A 1 z! i w E rI /I w Deed Report Wed Jan 14 14:54:41 2026 Deed Name: MAINT AGREEMENT-TR2-CLSR Starting Coordinates: Northing 0.00, Easting 0.00 Distance Units: Feet Bearing Distance Type Radius Arc Len Delta Tangent Description S 51027'29" W 84.12 CURVE L 580.09 84.20 8"18,58" 42.17 TPOB Rad-In: S 34'23'02" E Rad-Out: 3 42042'00" E S 47"18'00" W 12-6.22 LINE S 50051152" W 130.06 CURVE R 1046.00 130.15 7007'44" 65.16 Rad-In: N 42'42'00" W Rad-Out- N 35034116" W N 35034'16" W 20.00 LINE N 50031152" E 127.58 CURVE L 1026.00 127.66 7007'44" 63.91 Rad-In: N 35034'15" W Rad-Out: N 42042100" W N 47018'00" E 126.22 LINE N 51027157" E 87.03 CURVE R 599.00 87.10 8019'54" 43.63 Rad-In: S 42042'00" E Rad-Out: S 34022106" E S 34022'06" E 19.99 LINE Ending Coordinates: Northing 0.01, Easting 0.01 Area: 6815.12 S.F., 0.1565 Acres Total Perimeter Distance: 805.66 Closure Error Distance: 0.01 Error Bearing: N 58'05111" E Closure Precision: I in 67619.9 Page I of 1 _ E 1 v rl a ZO'OSl AL i � g �C� I � 1 mOSl IL 1 ,✓r l R' q % 1. 6 n § i Z Q S N dj6ij{ $84 N T J g i > m ys orb Q��g'� zz «o mo« cz—i m LL U) U J 9& W C. cm — �" X p U r J§ —A3NIlH�1tlW D O LLy =N w d0'WC 3.W00.4a11 6�Z Wj ', a 8 N p N N 1� ` 3 Z O O r> ~ U y a a r ! t 0 DY �c�.�z Q '3 p 2 C, Q Z Js ``;• Qom e e e --t (D0 e Y ♦ _ ku r d @@@ 9 � 1 �EE � !IL piLLM S # i� Ili i 3 W .6 r V 9 ffi HIM I ��`�� BgYYYYY 5 "1 11 H I ay a�€EE \ �u�yj yy F 6 IIj iEiE € All y � 4 o- � � a lh� 7, 1 gil- J — -dA337 441 9M0'lZi4-OZOZOgO-J W003NIBW009Hd VSVdIDNIOtlN01SIliUVnt)\IINONOIS30 SO Vd•bM• lVOMOWOWN WdVOT4ZUM4431008 EXHIBIT B CERTIFICATE OF INSURANCE RETAINING WALL MAINTENANCE AGREEMENT Page 10 of 10 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Quail Valley Devco V LLC Subject of the Agreement Maintenance (ROW) Agreement M&C Approved by the Council? * Yes ❑ No If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 8 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 8 If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is Confidential, please list what information is Confidential and the page it is located. Certificate of Insurance Effective Date: Date Director signs If different from the approval date. Expiration Date: 30 years from execution If applicable. Is a 1295 Form required? * Yes ❑ No 8 *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 8 No ❑ Contracts need to be routed for CSO processing in the following_ order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.