HomeMy WebLinkAboutContract 46612 Crnr SECR .AfiY
DOE#7406 CONMC4T NO.
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of April -d—L, 2015 by and
among ROANOKE 35/114 PARTNERS, L.P., a Texas limited partnership, hereinafter
referred to as "Landowner", BEECHWOOD BUSINESS PARK ASSOCIATION, a Texas
non-profit corporation, hereinafter referred to as "Association", and the CITY OF FORT
WORTH, hereinafter referred to as "City" or"City of Fort Worth".
WITNESSETH
WHEREAS, the Landowner is the owner of an approximately 10.761-acre tract
located in the Rufus Daniel Survey, Abstract No. 362 and the Jesse Daniel Survey, Abstract
No. 349, City of Fort Worth, Denton County, Texas, being a portion of a called 187.34-acre
tract of land described in a Special Warranty Deed with Vendor's Lien to Landowner recorded
in Instrument Number 2007-21421 and an Affidavit to Correct Scrivener's Error recorded in
Instrument No. 2014-96174, Official Public Records of Denton County, Texas, and being
more particularly described in the attached Exhibit"A" ("Property"); and
WHEREAS, the Landowner is proceeding to build roads to be publicly dedicated to
the City according to the Site Plan/Subdivision Plan known as Champions Circle — Outlet
Boulevard & Golf View Drive hereinafter called the "Plan", which is expressly made a part
hereof, as approved or to be approved by the City; and
N WHEREAS, the City, the Landowner and Association agree that the health, safety and
0
c� welfare of the residents of the City require that on-site Stormwater Management Facilities be
a constructed and maintained on the Property; and
0
U-1
w WHEREAS, the City requires that on-site Stormwater Management Facilities
UjU
("Facili y") as shown on the Plan be constructed and adequately maintained on the Property
by the Landowner and Association, the location and dimensions of which are shown on
Exhibit "A" ("Facility Property"), it being expressly understood that the Facility Property is
located on the Property; and
STORMWATER FACILITY MAINTENANCE AGREEMENT OFFICIAL RECORD
Rev.05/14/(2014
CITY SECRETARY 1
FT. WORTH, TX
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:
1. The Landowner and Association 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.
2. The Landowner and Association 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,
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 hereby grant permission to the City, its
authorized agents and employees, to enter upon the Facility 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 copies of the
inspection findings and a directive to commence with the repairs if necessary.
4. In the event the Landowner or Association fails to maintain the Facility in good
working condition as specified herein, the City, its authorized agents and
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.05/14/J2014
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. 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 Association's.
5. The Landowner and Association 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 and Association 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 and/or Association fail to pay the City for
the costs incurred under this section, the City may impress a lien for the costs of
such work upon (i) other properties owned by the Association, (ii) the Property,
and (iii) that certain approximately 11.790 acres of land more particularly
described on the attached Exhibit "E" (such property described on Exhibit "E"
hereinafter referred to as the "Encumbered Property"), but only for so long as
the Landowner owns fee title to the Encumbered Property, it being understood and
agreed that upon the conveyance or transfer of all or any portion of the
Encumbered Property to a bona fide third party, such portions of the Encumbered
Property conveyed or transferred shall automatically be released from the terms of
this Agreement (including, without limitation, the City's right to file a lien on the
portion of the Encumbered Property conveyed or transferred). The 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 Encumbered Property shall remain in full force and effect
notwithstanding a subsequent conveyance or transfer of the Encumbered 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.051I4!l2014
which is the result of an arm's length negotiation that was recorded prior to the
date of the perfected City lien. The City agrees to provide commercially
reasonable 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
30 days to cure such applicable default before a lien may be filed. As of the date
hereof, the contact information for the lienholder is as follows: Texas Capital
Bank; Commercial Real Estate /Fort Worth; Attn: James Hill; 300 Throckmorton,
Suite 200; Fort Worth,Texas 76102.
6. This Agreement imposes no liability of any kind whatsoever on the City. 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
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; OR FAILURE TO PERFORM ANY
OTHER DUTIES OR OBLIGATIONS HEREUNDER.
7. The 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.
8. 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
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.05/14//2014
the owner of the Facility Property, its administrators, executors, assigns, heirs and
any other successors in interests.
9. Notwithstanding anything to the contrary contained or implied elsewhere herein, it
is expressly agreed and understood that the liabilities, indemnities and obligations
of Landowner hereunder shall expire and be of no further force or effect upon the
transfer("Transfer") by Landowner to the Association of legal title to the Facility
Property, save and except for any liabilities, indemnities and obligations of
Landowner hereunder which have accrued and are due, payable and/or
performable as of the date of the Transfer and which shall expressly survive the
Transfer.
[Signatures on the Following Page.]
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.05/14//2014 5
Executed this o��day of April, 2015.
LANDOWNERF F T WOR
Roanoke 35/114 Partners, L.P.,
�'_-
a Texas limited partnership Fernando sta
Assistant Vity Manager
By: Roanoke 35/114 Genpail, LLC,
its gener 1 p r Approved as to Form and Legality
By: 1A i
Wi iam V. Boecker, Manager
4ntAssi � ttorney
ASSOCIATION ATTEST moo° 0° 0��
Wc�0
Beechwo d Business Park Association, o 0.40
a Tex n n- rt co ation
i Secret °°o°OOOp0o°°*,d
By.
Name: William V. Boecker
Title: Director
ENO M&C REQUIRED
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.05/14//2014
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on April , 2015, by Fernando
Costa, Assistant City Manager of the City of Fort Worth, on behalf of the City of Fort Worth.
Notary Public, State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on April Q3 , 2015, by William V.
Boecker, Manager of Roanoke 35/114 Genpar, LLC, a Texas limited liability company, on
behalf of such limited liability company as general partner of Roanoke 35/114 Partners, L.P., a
Texas limited partnership, on behalf of such part ers i ,
o ary Publ , State o Texas
STATE OF TEXAS LA NETTA R.AMY
§ 6 . NOTARY PUBLIC
COUNTY OF TARRANT �� STATE OF TEXAS
§ IU My comm.Exp.02-27-201t
This instrument was acknowledged before me on April Z , 2015, by William V.
Boecker, Director of Beechwood Business Park Association, a Texas non-profit corporation,
on behalf of such non-profit corporation. )
cv
Notary PubN, State of Texas
,��'•° LA NETTA R.ADDY
�� ,Da NOTARY PUBLIC
STATE OF TEXAS
A My comm.UP.02.21.2018
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.05/14//2014 7
LENDER CONSENT
The undersigned hereby accepts consents to the Agreement to which this consent page is
attached; provided, however, that this Lender Consent shall not be construed to waive or in
any manner amend, impair, affect, or invalidate the liens held by the undersigned with respect
to the Property and Encumbered Property, and nothing contained herein shall be construed to
modify or amend the terms and provisions of any loan documents executed by Landowner in
favor of the undersigned.
TEXAS CAPITAL BAND,NATIONAL ASSOCIATION
By:
Na
T' e: P
STATE OF TEXAS §
COUNTY OFJZ1 &j §
This instr e t was acknowledged befor .me�gn 2015, by,
JUL _, ��Y of Texas Capital Bank,
Natio al Association, on behalf of such entity.
04�
P" k' Notary Pu a T xas
r TJENMWWERMPSONN ESNs2017
T F Oi TFY'�
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.05/14//20I4 8
BURY
EXHIBIT "A"
VARIABLE WIDTH DRAINAGE EASEMENT
RUFUS DANIEL SURVEY*ABSTRACT NO. 362&
JESSE DANIEL SURVEY, ABSTRACT NO. 349
CITY OF FORT WORTH,DENTON COUNTY, TEXAS
BEING A 10.761 ACRE TRACT OF LAND SITUATED IN THE RUFUS DANIEL SURVEY,ABSTRACT NUMBER
302. AND THE JESSE DANIEL SURVEY, ABSTRACT NUMBER 349, CITY OF FORT WORTH, DENTON
COUNTY, TEXAS AND BEING A PORTION OF A CALLED 187.34 ACRE TRACT OF LAND (TRACT 3)
DESCRIBED IN A SPECIAL WARRANTY DEED WITH VENDOR'S LIEN TO ROANOKE 351114 PARTNERS,L.P„
RECORDED IN INSTRUMENT NUMBER 2007-21421 AND AN AFFIDAVIT TO CORRECT SCRIVENER'S
ERROR RECORDED IN INSTRUMENT NO.2014-96174,OFFICIAL PUBLIC RECORDS OF DENTON COUNTY,
TEXAS (O.P.R.D.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING ATA 112-INCH IRON ROD WITH PLASTIC CAP STAMPED"HALFF ASSOC.INC."FOUND FOR
THE SOUTHEAST CORNER OF LOT 2,BLOCK 1 OF BEECHWOOD BUSINESS PARK,AN ADDITION TO THE
CITY OF FORT WORTH, DENTON COUNTY, TEXAS AS RECORDED IN CABINET R PAGE 152, PLAT
RECORDS OF DENTON COUNTY,TEXAS(P.R D.0 T.),SAME BEING THE SOUTHWEST CORNER OF SAID
187.34 ACRE TRACT OF LAND AND BEING IN THE NORTHERLY LINE OF LOT 1, BLOCK 1 OF SAID
BEECHWOOD BUSINESS PARK AND FROM WHICH A 1124NCH IRON ROD WITH PLASTIC CAP STAMPED
"HALFF ASSOC.INC."FOUND FOR THE NORTHEAST CORNER OF SAID LOT 2,BLOCK 1,SAME BEING AN
ANGLE POINT IN THE WESTERLY LINE OF SAID 187.34 ACRE TRACT OF LAND, BEARS NORTH 00°0013
WEST,A DISTANCE OF 693.43 FEET;
THENCE,ALONG THE COMMON LINE OF SAID 187.34 ACRE TRACT OF LAND AND SAID LOT 1,BLOCK 1
THE FOLLOWING THREE(3)COURSES AND DISTANCES:
1) NORTH 72"54'52"EAST,A DISTANCE OF 21-37 FEET TO A POINT FOR CORNER FROM WHICH
A 1!2-INCH IRON ROD FOUND WITH PLASTIC CAP STAMPED "HALFF ASSOC_ INC" GEARS
SOUTH 17.57'21"EAST,0.3 FEET:
1) NORTH 84°06'57'EAST,A DISTANCE OF 135.00 FEET TO A 112-INCH IRON ROD WITH PLASTIC
CAP FOUND(ILLEGIBLE);
2) SOUTH 78'07'44"EAST,A DISTANCE OF 216.85 FEET TO THE POINT OF BEGINNING:
THENCE,DEPARTING SAID COMMON LINE,OVER AND ACROSS SAID 187.34 ACRE TRACT OF LAND THE
FOLLOWING TEN(10)COURSES AND DISTANCES:
1) NORTH 00'05'47 EAST,A DISTANCE OF 707.30 FEET TO A POINT FOR CORNER;
2) NORTH 45°08'00'EAST,A DISTANCE OF 3.60 FEET TO A POINT FOR CORNER;
3) NORTH 90'00'00" EAST, A DISTANCE OF 135.88 FEET TO THE POINT OF CURVATURE OF A
NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS POINT WHICH BEARS SOUTH
30"32'03"WEST,A DISTANCE OF 125.00 FEET,
4) NORTHWESTERLY WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ABLE OF
30'26'16'FOR AN ARC LENGTH OF 68.40 FEET.A CHORD BEARING OF NORTH 74'41'05°WEST
AND A CHORD DISTANCE OF 65.63 FEET TO THE POINT OF TANGENCY;
5) NORTH 89°54'13 WEST,A DISTANCE OF 50.91 FEET TO A POINT FOR CORNER,
S:1`+OR10111915Roar*ke 3%3=1CMnViwsCMrkChu4rchilTrartVitHBITS%111915-REVISED-[*.c:bm Page 1 of 4
STORMWATER FACII.ITY MAINTENANCE AGREEMENT 9
Rev.05/14//2014
BURY
EXHIBIT "A"
VARIABLE WIDTH DRAINAGE EASEMENT
RUFUS DANIEL SURVEY,ABSTRACT NO.362&
JESSE DANIEL SURVEY, ABSTRACT NO. 349
CITY OF FORT WORTH,DENTON COUNTY, TEXAS
6) NORTH 00°05'47'EAST,A DISTANCE OF 60.00 FEET TO A POINT FOR CORNER,
7) SOUTH 89'54'13' EAST, A DISTANCE OF 50 91 FEET TO THE POINT OF CURVATURE OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 185.00 FEET;
8) SOUTHEASTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
54'18'50"FOR AN ARC LENGTH OF 175.37 FEET,A CHORD BEARING OF SOUTH 62"44'48"EAST
AND A CHORD DISTANCE OF 168.88 FEET TO A POINT FOR CORNER;
9) NORTH 90"00'00"EAST,A DISTANCE OF 346.85 FEET TO A POINT FOR CORNER.-
SOUTH
ORNER;SOUTH 00"00'00' EAST, A DISTANCE OF 943.73 FEET TO A POINT FOR CORNER IN THE
AFOREMENTIONED COMMON LINE;
THENCE,ALONG SAID COMMON LINE THE FOLLOWING TWO(2)COURSES AND DISTANCES:
1) NORTH 59"42'35"WEST,A DISTANCE OF 351.08 FEET TO A 1/24NCH IRON ROD WITH PLASTIC
CAP STAMPED"HALFF ASSOC..INC.`FOUND;
2) NORTH 78 07`44'WEST,A DISTANCE OF 276.14 FEET TO THE POINT OF BEGINNING;
CONTAINING A COMPUTED AREA OF 10.761 ACRES OR 468,767 SQUARE FEET OF LAND,MORE OR LESS.
NOTES:
BEARINGS CALLED FOR HEREINARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM
(NORTH CENTRAL ZONE MAD 83)BASED ON L EICA GEOSYSTEMS NORTH TEXAS SMARTNET NETWORK,
DISTANCES ADJUSTED TO SURFACE USING AN AVERAGE COMBINED SCALE FACTOR OF 0.99984716473.
A SKETCH WAS PREPARED ON EVEN DATE TO ACCOMPANY THIS DESCRIPTION
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S:\SUR\0111915 Roanoke 35%34=1 Champions Cimie ChurcNI TrKt\Ek}ry9RSS\Qlll9l$-REV4ED-DE_I= Page 2 of 4
STORMWATER FACILITY MAINTENANCE AGREEMENT 10
Rev.05/14//2014
�aao
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(120'RIGHT-CF-MAY) DAAAJ. CM WiCORDS oertar COUNTY.tows
CABINET A. PAGE 152, P.RD-C.T 11PAL11LT- OFFIChk RECIP03 OPFIOI COUNIT•
POi PONT OF 11LOWNC
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10.00'
S 893413 E 392.36' ('�. OUTLET OWLEVAFID
N 90100'00" Ei ;Zow
DRAINAGE EASEVMNr
AM ACM
(488.787 SQUARE FEET)
lR
a_ /
N. , CALLED 1&7.34 ACM(TRACT 3)
ROANONt 35/114 PARTNERS. L.P.
tJ U Z 2 / .� f- P k Q WST.NO- 2007-21421 4,
NST. NO. 2OPA.D.C.T. 171
! 1 1 .aRs f` �t/' *l/—//,0TY
20' SO"TARY�WR y
EN
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( ` / f /4C1.. 4527. PC. 1052/
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N 7SMr44r W 20'CATHRING PVE111E EAgwENr
274.14' .�. /, (EASEMENT V)
%TO ENERGY. NG
LOT 1, BLOCK 1 INST. Pa 2014-110049
BEECHWOOD BUSJNEB9 PARK ? O.PR,O.CT
CABINET R, PAGE 152
P.R.D.C.T,
NOTES:
A FIELD NOTE DEWWTION WAS PREPARED ON EVEN DATE TO ACCOMPANY TNS SIQTCH. OF
BEARNC9 R101M 1EREON AfE AtFERENCED T6 M 1[luS STATE P4.utE 000ROMA1[ SYS101 t
(MMVM CENTRAL ZONE NAD &3) 9AIM ON LOCA GE05127 ME MONTH IIEW IMM1TNET IdRM�pI,
D13TN10ES ACMIED TO SURFACE 119MG AN AVERAGE CCWI MED SCAll FACTOR OF O.119M7'N4T3.
BURY EXHIBIT 'A'
VARIABLE WIDTH DRAINAGE EASEMENT U
D�Ar::�m°�1m RUFUS DANIEL SL*IVEY, ABSTRACT NO 962 & 3 �1J�
Tr MM M14MI FNw 157211"IMM JESSE DWEL SURVEY,ABSTRACT NO. 948
TWe9F-1010 TOPLSA F-10107507 CITY OF FORT WORTV 1tON COUNTY,
TFy6Q MICHAEL L MURPHY
Oaryrom920
REGSTERED PROFESSIONAL
LAND SURVEYOR NO. 5724
DATE 05-?7.15 SCALE ---2w DRANM 9Y RSG PRQiEGT NO,RRO'�1t9tS.10001 S1OET NO 3O 4
S:\SUR\6111915 Roanoke 35\30001 CAanpiens Gude ChveNM Tss0\E*M&TS\III2I5OI-OE-E*I.dwq Mor 1% 15 9:43 AY by wwrrphy
STORMWATER FACILITY MAINTENANCE AGREEMENT L 1
Rev.05/14/2014
EASEMENT CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD LENGTH CHORD BEARING
Cl 175.37' 185.00' 54'18'50" 168.88 S62' 44' 48"E
C2 66.40' 125.00' 30'26'18" 65.63 N74' 41' 05"W
EASEMENT LINE TABLE
LINE / BEARING DISTANCE
L1 H725452"E 21.37'
L2 N84*06'57'E 135.00'
L3 S78'0744E 216-85'
L4 N45106'00'E 3.60'
L5 N90'00'00'E 135.86'
L6 N89'54'131M 50.91'
L7 N0`0 47"E 60.00'
LS S89-54-13-E 50,91-
OF TE`
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BURY EXHIBIT W $g titer
3310 Huma MN Rmd,Uft iW �1��VA1�RI�A1BLL1EC�YII�Ky TSH�DyRAINpAGE EASE AEN�Tn $
Orr.Tomm 7'$30 R�DANIEL SUlR G,.ABSTRACT NCL 362 & /
T«1066 Q4 TI S0F401wm JESSE DANIEL SURVEY,ABSTRACT Na 348
1BKt f f-,0"0 TBOIS f F-,OtORSOQ MICFIAfL .L Ml91PFiY
GoppW02515 CITY OF FORT WORTI{DENTON COUNTY.TEXAS REQSTERED PROFESSIONAL
LAND SINIVEYOR N0. 5724
WTE.32?15 SCALE IVil1 I OAkv^sM ASG I PROJECT140 R01,p/S-1A0W SNEETMO 4Off
S\SUR\0111915 Roanoke 35\30001 CeaRukmf Ckdo ChwcM Trod\EXWftTS\11191504-0E-E0N.?up Mor 27,15 t;23 PW ex hY
STORMWATER FACILITY MAINTENANCE AGREEMENT L Z
Rev.05/14//2014
Exhibit"B"
REFER TO THE CITY APPROVED PLANS,DOE#7406,TITLED:
"WATER, STORM DRAIN,AND PAVING IMPROVEMENTS TO SERVE
CHAMPIONS CIRCLE OUTLET BLVD. & GOLF VIEW DRIVE"
r-F640 SY OF 12 INCH DIA. ROCK RIP-RAP I
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WASTEWATER LINE AT o t 8 INCHES THICK
FUTURE ROW LINE
EXHIBIT CH�IPION'S^CIRCLEUBURY
CHURCHILL
1 0 FORT WORTH,TEXAS
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STORMWATER FACILITY MAINTENANCE AGREEMENT 13
Rev.05/14//2014
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EXHIBIT "B" GRADING SECTION
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STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.05/14//2014 15
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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.
PREVENTIVE MAINTENANCE/INSPECTION
• Visual inspections of all components will be conducted every 6 months.
• A log shall be kept of maintenance actions, and inspections. The log should document
the condition of the detention system's primary components, mowing, and silt, litter
and debris removal dates. Document aeration of the basin bottoms and replanting to
prevent the sealing of the basin bottom.
• Written maintenance and repair records shall be maintained by the party or
parties signing the attached Agreement and shall be provided to the City upon
request.
STORMWATER FACILITY MAINTENANCE AGREEMENT 17
Rev.05/14//2014
Exhibit"D"
STORMWATER STRUCTURAL MAINTENANCE CHECKLIST
FREQUENT REPAIRS REPAIRS
INSPECTION DATE REQUIRED 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
Berm or Embankment
Settlement
STQRMWATER FACILITY MAINTENANCE AGREEMENT 18
Rev.05/14//2014
Location of erosion
Evidence of Animals
Evidence of Aquatic
life
Condition of Aeration
Foundation
STORMWATER FACILITY MAINTENANCE AGREEMENT 19
Rev.05/14//2014
Exhibit"E"
ENCUMBERED PROPERTY
BURY
FIELD NOTE DESCRIPTION
OFA
11.790 ACRE TRACT OF LAND SITUATED IN THE
RUFUS DANIEL SURVEY,ABSTRACT NO.362,JESSE DANIEL SURVEY,ABSTRACT NO.349
AND THE GEORGE W.SHAMBLIN SURVEY,ABSTRACT NO. 1191
CITY OF FORT WORTH, DENTON COUNTY, TEXAS
BEING A 11.790 ACRE TRACT OF LAND SITUATED*4 THE RUFUS DANIEL SURVEY,ABSTRACT NUMBER
382.THE JESSE DANIEL SURVEY:ABSTRACT NUMBER 349 AND THE GEORGE W.SHAMBLIN SURVEY,
ABSTRACT NUMBER 1191,CITYOF FORT WORTH.DENTON COUNTY,TEXAS AND BEING A PORTION OF
A CALLED 187.34 ACRE TRACT OF LAND(TRACT 3)DESCRIBED IN A SPECIAL WARRANTY DEED WITH
VENDOR'S LIEN TO ROANOKE 351114 PARTNERS,L.P.,RECORDED W INSTRUMENT NUMBER 2007-21421
AND AN AFFIDAVIT TO CORRECT SCRIVENER'S ERROR RECORDED IN INSTRUMENT NO. 2014-W174,
OFFICIAL PUBLIC RECORDS DENTON COUNTY.TEXAS(O.P.R.D.C.T-),AND BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS
COMMENCING AT A 112-INCH IRON ROD WITH PLASTIC CAP STAMPED'HALFF ASSOC.INC."FOUND FOR
THE SOUTHEAST CORNER OF LOT 2.BLOCK 1 OF BEECHWOOD BUSINESS PARK,AN ADDITION TO THE
CITY OF FORT WORTH, DENTON COUNTY, TEXAS AS RECORDED IN CABINET R, PAGE 152, PLAT
RECORDS DENTON COUNTY TEXAS(P.R.D.C.T)SAME BEING THE SOUTHWEST CORNER OF SAID OF
SAID 187,34 ACRE TRACT OF LAND AND BEING IN THE NORTHERLY LINE OF LOT 1,BLOCK 1 OF SAID
BEECHWOOD BUSINESS PARK AND FROM WHICH A 112-INCH IRON ROD WITH PLASTIC CAP STAMPED
'HALFF ASSOC.INC."FOUND FOR THE NORTHEAST CORNER OF SAID LOT 2,BLOCK 1,SAME BEING AN
ANGLE POINT IN THE WESTERLY LINE OF SAID 187.34 ACRE TRACT OF LAND BEARS NORTH 00'00'13"
WEST,A DISTANCE OF 893.43 FEET;
THENCE,ALONG THE COMMON LINE OF SAID 187.34 ACRE TRACT OF LAND AND SAID LOT 1,BLOCK 1
THE FOLLOWING CALLS:
1) NORTH 72°54.52'EAST,A DISTANCE OF 21.37 FEET TO A POINT AND FROM WHICH A 112-
INCH IRON ROD FOUND WITH PLASTIC CAP STAMPED'HALFF ASSOC. INC"BEARS SOUTH
17'57'21"EAST,0.3 FEET;
1) NORTH 84`0657'EAST,A DISTANCE OF 135.00 FEET TO A 1!2-INCH IRON ROD WITH PLASTIC
CAP FOUND(ILLEGIBLE}:
2) SOUTH 78.07'44"EAST,A DISTANCE OF 492.99 FEET TO A lr24NCH IRON ROD FOUND WITH
PLASTIC CAP STAMPED"HALFF ASSOC.INC-FOUNQ
3) SOUTH 59'42'35"EAST„A DISTANCE OF 351.08 FEET TO THE POINT OF BEGINNING,
THENCE,DEPARTING SAID COMMON LINE OVER AND ACROSS SAID 187.34 ACRE TRACT OF LAND THE
FOLLOWING CALLS;
1)NORTH 00'00'00"EAST,A DISTANCE OF 95022 FEET TO A POINT FOR CORNER;
2)SOUTH 89°54'13"EAST,A DISTANCE OF 0.05 FEET TO THE POINT OF CURVATURE OF A NON-
TANGENT CURVE TO THE RIG14T HAVING A RADIUS POINT WHICH BEARS SOUTH 00'05'47'
WEST,A DISTANCE OF 410.00 FEET;
3)SOUTHEASTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
31033'31' FOR AN ARC LENGTH OF 225.83 FEET,A CHORD BEARING OF SOUTH 74`07'28'
EAST,A CHORD DISTANCE OF 222.98 FEET TO A POINT FOR CORNER;
Page 1 of 2
S:1SUR10111915 Roanoke 35130001 Champions Urcle ChurcNil Tran1E**6ITS10111915-Maintenance Agreement4m
STORMWATER FACILITY MAINTENANCE AGREEMENT 20
Rev.05/14/12014
FIELD NOTE DESCRIPTION
OF A
11.790 ACRE TRACT OF LAND SITUATED IN THE
RUFUS DANIEL SURVEY,ABSTRACT NO.362,JESSE DANIEL SURVEY,ABSTRACT NO. 349
AND THE GEORGE W.SHAMBLIN SURVEY,ABSTRACT NO.1191
CITY OF FORT WORTH, DENTON COUNTY,TEXAS
4) SOUTH 58"20'42'EAST,A DISTANCE OF 653.93 FEET TO A POINT FOR CORNER:
5) SOUTH 31`3918"WEST..A DISTANCE OF 125.17 FEET TO THE POINT OF CURVATURE OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 125.00 FEET;
6) SOUTHWESTERLY WITH SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF
44"5301"FOR AN ARC LENGTH OF 97.92 FEET,A CHORD BEARING OF SOUTH 54`05'48"WEST
AND A CHORD DISTANCE OF 95.44 TO THE POINT OF REVERSE CURVATURE OF A CURVE
TO THE LEFT HAVING A RADIUS OF 75.00 FEET;
7) SOUTHWESTERLY WITH SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
40'14'41'FOR AN ARC LENGTH OF 60.53,A CHORD BEARING OF SOUTH 53'24'58"W EST AND
A CHORD DISTANCE OF 58.90 FEET TO THE POINT OF TANGENCY;
8) SOUTH 30'1737" WEST, A DISTANCE OF 594.29 FEET TO A POINT FOR CORNER IN THE
AFOREMENTIONED COMMON LINE OF SAID 187.34 ACRE TRACT OF LAND AND SAID LOT 1
BLOCK 1;
THENCE, NORTH 59`37'49" WEST, A DISTANCE OF 325.81 FEET TO THE POINT OF BEGINNING AND
CONTAINING A COMPUTED AREA OF 11.790 ACRES OR 513,574 SQUARE FEET OF LAND, MORE OR
LESS
NOTES:
BEARINGS CALLED FOR HEREIN ARE REFERENCED TO THE TEXAS STATE PLANE COORDINATE
SYSTEM(NORTH CENTRAL ZONE,NAD 83)BASED ON LEICA GEOSYSTEMS NORTH TEXAS SMARTNFT
NETWORK, DISTANCES ADJUSTED TO SURFACE USING AN AVERAGE COMBINED SCALE FACTOR OF
0.99984716473.
fQ
s.
%
Page 2 of 2
SASUR\0111915 Roanoke 35\30001 Champions Circle Churrfill Tract\EXHIINTS10111915 Maintenance Agreement,cim
STORMWATER FACILITY MAINTENANCE AGREEMENT 21
Rev.05114112014