HomeMy WebLinkAbout065133 - Construction-Related - Contract - Longhorn Crossing Owner, LPDate Received: 4/30/2026 permit No. SWFMA-26-0006
Time Received: 2:55 p.m.
City Secretary No.: 65133
OFFICIAL RECORD
CITY SECRETARY STORMWATER FACILITY
MAINTENANCE AGREEMENT
FT. WORTH, TX
THIS AGREEMENT, made and entered into this 30th day of April
2026, by and between Longhorn Crossing Owner LP , a Delaware limited partnership,
acting by and through Michaela Gunter, its duly authorized Vice President, hereinafter
referred to as "Landowner", and the City of Fort Worth, hereinafter referred to as "City".
W ITNESSETH
WHEREAS, the Landowner is the owner of certain real property described as a
2.2119 acre (96,349 square foot) tract of land situated in the Alexander F. Albright
Survey, Abstract No. 1849, City of Fort Worth, Tarrant County, Texas, being part of that
tract of a called 29.8436 acre tract of land, according to the deed recorded in Document
No. D226038535, Official Public Records, Tarrant County, Texas, hereinafter called the
"Property";
WHEREAS, the Landowner is proceeding to build on and develop the Property
according to the Site Plan/Subdivision Plan known as Longhorn Crossing 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 management of storm water within the confines
of the Property; and;
WHEREAS, the City and the Landowner, and their successors and assigns, agree
that the health, safety and welfare of the residents of the City of Fort Worth Texas require
that 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 1
Rev 03/01/2022 BN
Landowner, its successors and assigns, the location and dimensions of which is shown and
more particularly described by metes and bounds in the attached Exhibit "A" ("Facility
Property"); and
NOW, THEREFORE, in consideration of the foregoing premises, the mutual
covenants contained herein, and the following terms and conditions, the parties hereto
agree as follows:
1. The Landowner, its successors and assigns, shall adequately construct and
maintain the on -site Stormwater Management Facility ("Facility") at no
expense to the City of Fort Worth in accordance with the design specifications
for the Facility, attached as Exhibit "B", and the current standards then in force
and effect in the City of Fort Worth and with the Operations and Maintenance
Plan attached to this Agreement as Exhibit "C". The Stormwater Facility
includes all pipes, channels or other conveyances built to convey Stormwater
to the facility, as well as all structures, improvements, and vegetation provided
to control the quantity and quality of the Stormwater. Adequate maintenance is
herein defined as good working condition so that these facilities are performing
their design functions. The Stormwater Structural Control Maintenance
Checklists, attached to this Agreement as Exhibit "D", are to be used to
establish what good working condition is acceptable to the City.
— 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 ensure safe and proper functioning of the Facility. The inspection shall
cover the entire Facility, 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, 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev 03/01/2022 BN
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, fail to maintain the
Facility in good working condition as specified herein, the City, its authorized
agents and employees, may enter upon the Facility Property and take whatever
stel2s necessary to correct deficiencies identified in the inspection report and to
charge the costs of such repairs to the Landowner, its successors and assigns.
It is expressly understood and agreed that the City is under no obligation
to routinely maintain or repair said Facility, and in no event shall this
Agreement be construed to impose any such obligation on the City, such
obligation is Landowner's.
S. The Landowner, its successors and assigns, will perform the work necessary to
keep the Facility in good working order as appropriate. In the event the City
pursuant to this Agreement, performs work of any nature, or expends any funds
in performance of said work for labor, use of equipment, supplies, materials,
and the like, the Landowner, its successors and assigns, shall reimburse the
City upon demand, within thirty (30) days of receipt thereof for all actual costs
incurred by the City hereunder. In the event that Landowner or its successors
or assigns fail to pay the City for the costs incurred under this section, the City
shall impress a lien for the costs of such work upon other lots owned by the
Landowner. Such lien shall be perfected by filing in the office of the County
Clerk of Tarrant County, Texas an affidavit identifying the property to be
charged with such lien, stating the amount thereof, and making reference to
this Agreement.
&. 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev 03/01/2022 BN
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
ABOVE FACILITY PROPERTY TO MAINTAIN THE FACILITY,
INCLUDING, BUT NOT LIMITED TO THE BED AND BANKS OF
THE DETENTION POND; ANY DAMAGES CAUSED TO PERSON OR
PROPERTY DUE TO (1) FLOODING OF THE POND AND ITS
BANKS, (2) SLOPE FAILURE OF THE BANKS OF THE POND, OR (3)
FAILURE OF THE POND OR ITS BANKS TO OPERATE IN A
MANNER CONSISTENT WITH CITY OF FORT WORTH CRITERIA
TO PERFORM ANY OTHER DUTIES OR OBLIGATIONS
HEREUNDER.
7. Landowner covenants and agrees that no habitable building shall be erected
within the boundaries of the Property in which the Facility is located as
outlined on Exhibit "A" but this paragraph shall not preclude construction of
other improvements within the boundaries of the Property in which the Facility
is located, which do not impede drainage. Landowner covenants and agree that
no habitable building shall be erected on the above property abutting such
boundaries of the Property in which is Facility is located, 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.
8. This Agreement shall be recorded among the land records of Tarrant County,
Texas, shall constitute a covenant running with the land, and shall be binding
on the Landowner, its administrators, executors, assigns, heirs and any other
successors in interests, including any property owner's association.
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev 0310112022 BN
Executed this 30th day of April
CITY OF FORT WORTH
I
Jesica McEachern
Assistant City Manager
City of Fort Worth
Date: 04/30/2026
Approved as to Form and Legality:
M. ECG of Aiv(eYf, //
M. Kevin Anders, II (Apr 30, 2026 08:34:09 CDT)
M. Kevin Anders, I1
Assistant City Attorney II
City Attorney's Office
Date: 04/30/2026
c o�avnn
FORT�LaO
ATTEST: o~�
Ovo 0=4
�\� OaQIl nEXP?o4�
Jannette S. Goodall
City Secretary
Date: 04/30/2026
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev 03101 r2022 BN
2026.
LANDOWNER
Longhorn Crossing Owner, LP
a Delaware limited liability company
By: Longhorn Crossing Owner GP, LLC
By: Longhorn Crossing Owner GP, LLC,
a Delaware limited liability company,
its general partner
By: Longhorn Crossing Venture, LLC,
a Delaware limited liability company,
its general partner
By: GS Longhorn Crossing Manager, LLC
a Delaware limited liability company,
its authorized member
�AIAX74=—
By: Michaela Gunter
Its: Vice President
Date: ' - II ;�('#
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
require ts.
Kandice Merrick
Planning Manager
Date: 04/30/2026
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on April 30, 2026 by
Jesica McEachern, Assistant City Manager of the City of Fort Worth, on behalf of the City
of Fort Worth. !i a2�
Notary Public, State of Texas
"M AV w KATNLEEN BRADFORD
= n Notary Public
♦ t STATE OF TEXAS
�S. Notary I.D. IZ197197
M Comm. Exp. Apr.12, 2027
LANDOWNER
STATE OF T44' §
COUNTY OF ti §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of
Tcxac , on this day personally appeared_ I`' )00e.
(name), (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 ��a"A ow1\<&, LP (entity), a
WM14 co (entity type) and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
of � x` , 2026.
PMmy4f
s r20gAR }- . Notary Pu c, State
i 1
s m ni
STORMWATER FAC1L1Vi1MMANCEAGREEMENT 6
Rev. 03l01±2022 BN
N
day
EXHIBIT "A"
LEGAL DESCRIPTION
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
LEGAL DESCRIPTION
PRIVATE DRAINAGE EASEMENT
BEING a 2.2119 acre (96,349 square foot) tract of land situated in the Alexander F. Albright Survey, Abstract No.
1849, City of Fort Worth, Tarrant County, Texas; and being part of that tract of a called 29.8436 acre tract of land
described in the Special Warranty Deed to Longhorn Crossing Owner, LP recorded in Instrument No. D226038535,
Official Public Records, Tarrant County, Texas; said tract being more particularly described as follows:
COMMENCING at a 1/2-inch iron rod with cap stamped "USA INC" found at the northwest corner of Lot 19, Block A,
Terrace Landing, an addition to the City of Fort Worth according to the plat recorded in Instrument No. D211070394,
said Official Public Records, and being in the south line of the said called 29.8436 acre tract; from said point a
1/2-inch iron rod with cap stamped "USA INC" found for the northeast corner of said Lot 19 bears South 78°50'04"
East, a distance of 50.00 feet;
THENCE North 00°21'59" East, departing said south line of the called 29.8436 acre tract, a distance of 85.78 feet to
the POINT OF BEGINNING;
THENCE North 69'1516" West, a distance of 15.56 feet to a point for corner;
THENCE North 15°26'36" West, a distance of 12.75 feet to a point for corner;
THENCE North 29°33'24" East, a distance of 14.68 feet to a point for corner;
THENCE South 79°39'31" East, a distance of 21.68 feet to a point for corner;
THENCE South 89°31'35" East, a distance of 191.87 feet to a point for corner;
THENCE North 88°59'30" East, a distance of 23.72 feet to a point for corner;
THENCE North 86°32'04" East, a distance of 164.29 feet to a point for corner;
THENCE South 45°26'36" East, a distance of 15.65 feet to a point at the beginning of a non -tangent curve to the right
with a radius of 16.00 feet, a central angle of 58°31'22", and a chord bearing and distance of South 44°55'43" East,
15.64 feet;
THENCE in a southeasterly direction, with said non -tangent curve to the right, an arc distance of 16.34 feet to a point
for corner;
THENCE North 89°33'24" East, a distance of 23.06 feet to a point for corner;
THENCE North 00°26'36" West, a distance of 56.00 feet to a point for corner;
THENCE North 89°33'24" East, a distance of 66.99 feet to a point for corner;
THENCE North 70°37'55" East, a distance of 9.00 feet to a point at the beginning of a tangent curve to the left with a
radius of 54.00 feet, a central angle of 71 °04'31 ", and a chord bearing and distance of North 35°05'40" East, 62.77
feet;
THENCE in a northeasterly direction, with said tangent curve to the left, an arc distance of 66.99 feet to a point for
corner;
(CONTINUED ON SHEET 2)
PRIVATE DRAINAGE EASEMENT
ALEXANDER F ALBRIGHT SURVEY,
ABSTRACT No. 1849
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
DECATUR_SWFMA.DWG
THENCE North 00°26'36" West, a distance of 45.11 feet to a point for corner;
THENCE North 67°51'28" East, a distance of 108.35 feet to a point for corner;
THENCE South 29°39'57" East, a distance of 191.40 feet to a point for corner;
THENCE South 27°51'46" East, a distance of 154.06 feet to a point for corner;
THENCE South 60°35'02" West, a distance of 26.07 feet to a point for corner;
THENCE South 43°55'16" East, a distance of 30.80 feet to a point for corner;
THENCE South 60°35'02" West, a distance of 10.33 feet to a point for corner;
THENCE North 43'55'16" West, a distance of 30.80 feet to a point for corner;
THENCE South 60°35'02" West, a distance of 59.11 feet to a point for corner;
THENCE North 79'30'18" West, a distance of 227.73 feet to a point for corner;
THENCE North 45°26'36" West, a distance of 98.85 feet to a point for corner;
THENCE North 00°26'36" West, a distance of 26.77 feet to a point for corner;
THENCE South 89°33'24" West, a distance of 23.03 feet to a point at the beginning of a non -tangent curve to the
right with a radius of 16.00 feet, a central angle of 59°40'30", and a chord bearing and distance of South 44°07'43"
West, 15.92 feet;
THENCE in a southwesterly direction, with said non -tangent curve to the right, an arc distance of 16.66 feet to a point
for corner;
THENCE South 44°33'24" West, a distance of 15.39 feet to a point for corner;
THENCE North 87°25'07" West, a distance of 185.15 feet to a point for corner;
THENCE North 85°38'43" West, a distance of 206.28 feet to the POINT OF BEGINNING and containing 96,349
square feet or 2.2119 acres of land, more or less.
NOTES
Bearing system based on the Texas Coordinate System of 1983 (2011 adjustment), North Central Zone (4202). A
survey plat of even survey date herewith accompanies this metes and bounds description.
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately
sets out the metes and bounds of the easement tract.
MICHAEL CLEO BILLINGSLEY
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 6558 (i
801 CHERRY STREET,
UNIT 11 SUITE 1300
FORT WORTH, TEXAS 76102
PH. 817-335-6511
michael.billingsley@kimley-horn.com
/,tom <%SSTT, \
.------ ....:..:......0•.,9.N
MICHAEL CLEO BILLINGSLEY
..................................
6558
`• O
F p�P'�
. E S S �_ C
PRIVATE DRAINAGE EASEMENT
ALEXANDER F ALBRIGHT SURVEY,
ABSTRACT No. 1849
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
DECATUR_SWFMA.DWG
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LINE TABLE
LINE TABLE
NO.
BEARING
LENGTH
NO.
BEARING
LENGTH
L1
N00021'59"E
85.78'
L16
S29°39'57"E
191.40'
L2
N69015'16"W
15.56'
L17
S27"51'46"E
154.06'
L3
N15'26'36"W
12.75'
L18
S60°35'02"W
26.07'
L4
N29033'24"E
14.68'
L19
S43°55'16"E
30.80'
L5
S79°39'31"E
21.68'
L20
S60°35'02"W
10.33'
L6
S89°31'35"E
191.87'
L21
N43°55'16"W
30.80'
L7
N88°59'30"E
23.72'
L22
S60°35'02"W
59.11'
18
N86°32'04"E
164.29'
L23
N79°30'18"W
227.73'
19
S45°26'36"E
15.65'
L24
N45°26'36"W
98.85'
L10
N89033'24"E
23.06'
L25
N00°26'36"W
26.77'
L11
N00°26'36"W
56.00'
L26
S89033'24"W
23.03'
L12
N89°33'24"E
66.99'
L27
S44°33'24"W
15.39'
L13
N70037'55"E
9.00'
L28
N87'25'07"W
185.15'
L14
NOD°26'36"W
45.11'
L29
N85°38'43"W
206.28'
L15
N67051'28"E
108.35'
1 L30
I 578-50'04"E
50.00'
CURVE TABLE
NO.
RADIUS
DELTA
CHORD BEARING
CHORD
LENGTH
Cl
16.00'
58°31'22"
S44°55'43"E
15.64'
16.34'
C2
54.00'
71°04'31"
N35005'40"E
62.77'
66.99'
C3
16.00'
59°40'30"
S44°07'43"W
15.92'
16.66'
PRIVATE DRAINAGE EASEMENT
ALEXANDER F ALBRIGHT SURVEY,
ABSTRACT No. 1849
CITY OF FORT WORTH
TARRANT COUNTY, TEXAS
DECATUR_SWFMA.DWG
EXHIBIT "B"
DESIGN PLAN AND SPECIFICATIONS
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 03/01/2022 BN
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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 pondibasin
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 MAlTENANCE/INSPECTION
Visual inspections of all components will be conducted every 6 months.
A log shall be kept of maintenance actions, and inspections. The log should
document the condition of the detention system's primary components, mowing,
and silt, litter and debris removal dates. Document aeration of the basin bottoms
and replanting to prevent the sealing of the basin bottom.
Written maintenance and repair records shall be maintained by the party or
parties signing the attached Agreement and shall be provided to the City upon
request.
STORMWATER FACILITY MAINTENANCE AGREEMENT 8
Rev. 11 /17/2016
Exhibit "D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT
INSPECTION
DATE
REPAIRS
REQUIRED
REPAIRS
MADE
NOTES
Mowing
Remove Trash and
debris
Inspect irrigation
system operation
Remove grass
clippings
Violations Noted
MINOR
INSPECTION
Condition of Pond
Amount of silt in
pond
Amount of silt in
flume
Amount of ponded
water
Amount of wetland
vegetation
Location of Erosion
Percent of vegetation
Condition of trash
guard
Location of Erosion
MAJOR
INSPECTIONS
Condition of
Stormwater Quality
Structure
Type of Stormwater
Quality Structure
Structure type and
Condition
Condition of Rip -Rap
Condition of filtration
system
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev. 11 /17/2016
Berm or Embankment
Settlement
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev. 11 /17/2016
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: longhorn Crossing Owner LP
Subject of the Agreement: New SWFMA agreement for new construction
M&C Approved by the Council? * Yes ❑ No M
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 0
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes 0 No ❑
If unsure, see backpage for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date:
If different from the approval date.
Expiration Date:
If applicable.
Is a 1295 Form required? * Yes ❑ No ED
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable. SWFMA-26-0006
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 0 No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
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.