HomeMy WebLinkAboutContract 46653 CITY SECRETARY
CONTRACT NU.
DOE # 7409
STORMWATER FACILITY
MAINTENANCE AGREEMENT
THIS AGREEMENT, made and entered into this day of ,
by and between Hayco Realty, Ltd., acting by and through John Cockerham,
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 1.694 acre tract located in the Joseph Boman Survey, Abstract 79 Tarrant
County, Texas according to the deed recorded in Volume 14192, Page 644, Deed 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 Marine Creek Ranch Section 9A
hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be
m approved by the City and the Landowner provides for management of Stormwater within
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m the confines of the Property; and
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n 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
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that on-site Stormwater Management Facilities be constructed and maintained on a portion
of the Property; and
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
STORMWATER FACILITY MAINTENANCE AGREEMENT
Rev.12/29/2014
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, 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.
2. The Landowner, its successors and assigns, shall inspect the Facility and
submit an inspection report to the City annually. The purpose of the inspection
is to assure safe and proper functioning of the Facility. The inspection shall
cover the entire Facility, 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.
STORMWATER FACILITY MAINTENANCE AGREEMENT 2
Rev.12/29/2014
3. The Landowner, its successors and assigns, hereby grant permission to the
City, its authorized agents and employees, to enter upon the Property and to
inspect the Facility Property whenever the City deems necessary. The purpose
of inspection is to follow-up on reported deficiencies and/or to respond to
citizen complaints. The City shall provide the Landowner, its successors and
assigns, copies of the inspection findings and a directive to commence with the
repairs if necessary.
4. In the event the Landowner, its successors and assigns, fails to maintain the
Facility in good working condition as specified herein, the City, its authorized
agents and employees, may enter upon the Facility Property and take whatever
steps necessary to correct deficiencies identified in the inspection report and to
charge the costs of such repairs to the Landowner, its successors and assigns.
It is expressly understood and agreed that the City is under no obligation
to routinely maintain or repair said Facility, and in no event shall this
Agreement be construed to impose any such obligation on the City, such
obligation is Landowner's.
5. The Landowner, its successors and assigns, will perform the work necessary to
keep the Facility in good working order as appropriate. In the event the City
pursuant to this Agreement,performs work of any nature, or expends any funds
in performance of said work for labor, use of equipment, supplies, materials,
and the like, the Landowner, its successors and assigns, shall reimburse the
City upon demand, within thirty(30) days of receipt thereof for all actual costs
incurred by the City hereunder. In the event that Landowner or its successors
or assigns fail to pay the City for the costs incurred under this section, the City
shall impress a lien for the costs of such work upon other lots owned by the
Landowner. Such lien shall be perfected by 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.
6. This Agreement imposes no liability of any kind whatsoever on the City. THE
LANDOWNER AGREES TO HOLD THE CITY HARMLESS FROM
STORMWATER FACILITY MAINTENANCE AGREEMENT 3
Rev.12/29/2014
ANY LIABILITY IN THE EVENT THE FACILITY FAILS TO
OPERATE PROPERLY. LANDOWNER COVENANT AND AGREE
AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF FORT WORTH, ITS AGENTS, SERVANTS AND
EMPLOYEES FROM AND AGAINST ALL COSTS, EXPENSES,
LOSSES, DAMAGES, CLAIMS OR CAUSES OF ACTION
WHATSOEVER ARISING, OR WHICH MIGHT ARISE, FROM THE
FAILURE OF LANDOWNER OR ANY FUTURE OWNERS OF THE
ABOVE FACILITITY 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 drainage easement outlined on Exhibit "A" but this paragraph shall
not preclude construction of other improvements within the drainage easement,
which do not impede drainage. Landowner covenants and agrees that no
habitable building shall be erected on the above property abutting such
easement 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 owners association.
STORMWATER FACILITY MAINTENANCE AGREEMENT 4
Rev.12/29/2014
[SIGNATURE PAGE FOLLOWS]
Executed this 9�" day of
Landowner: City of Fort Worth
Hayco Realty, Ltd.
A Texas limited partnership
By: Harrison Realty Investments, LLC,
A Texas liability company
Its: General Partner
hn Cockerham Fernando Costa
President Assistant City Manager
Approved as to Form and Legality
Assistant ity Attorney
NO M&C REQUIRED ATTEST
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OFFICIAL RECORD
CITY SECRETARY
STORMWATER FACILITY MAINTENANCE AGREEMENT FT. WORTH, TX rJ
Rev.12/29/2014
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on S 40/ by
Fernando Costa, Assistant City Manager of the City of Fort Worth, kh behalf of the City
of Fort Worth.
•"" °"'• TRIKINYA L. JOHNSON
Notory Public.state of Texas
My Commission Expires Notary Publ c, StateOT Texas
•r� April 17. 2018
STATE OF TEXAS §
COUNTY OF TARRANT §
Before me, the undersigned authority on this .�," , ' day of
/ 20 ice✓ personally appeared
A61212 s ,�s. known
to me to be the person whose/name is subscribed to the foregoing instrument and
acknowledged to me that the same is the act of
and that he executed the same as its
�e y��� / /✓¢��,,•e-L and ad the act of such m. and dor the purposes and
consideration expressed in the foregoing instrument.
otary Public, Stat of Texas
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STORMWATER FACILITY MAINTENANCE AGREEMENT 6
Rev.12/29/2014
EXHIBIT"A"
STORMWATER FACILITY MAINTENANCE AGREEMENT 7
Rev.12MS12014
EXHIBIT "A"
DRAINAGE EASEMENT
METES & BOUNDS DESCRIPTION
BEING A 1.694 ACRE TRACT OF LAND LOCATED IN THE JOSEPH BOMAN SURVEY,
ABSTRACT NO. 79, IN THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS,
BEING A PORTION OF A CALLED 964.473 ACRE TRACT OF LAND AS DESCRIBED IN
THE WARRANTY DEED TO HAYCO REALTY, LTD., A TEXAS LIMITED
PARTNERSHIP, FILED FOR RECORD IN VOLUME 14192, PAGE 644, DEED RECORDS,
TARRANT COUNTY, TEXAS (DRTCT), SAID 1.694 ACRE TRACT OF LAND BEING
MORE PARTICULARLY DESCRIBED BY METES &BOUNDS AS FOLLOWS:
BEGINNING AT A 1/2 INCH CAPPED IRON ROD FOUND STAMPED "JBI" FOR THE
NORTHEAST CORNER OF LOT 39, BLOCK L, MARINE CREEK RANCH, AN ADDITION
TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, ACCORDING TO THE
PLAT RECORDED IN CABINET A, SLIDE 12801, PLAT RECORDS, TARRANT COUNTY,
TEXAS (PRTCT), SAME BEING THE WESTERNMOST NORTHWEST CORNER OF A
CALLED 23.107 ACRE TRACT OF LAND AS DESCRIBED IN THE SPECIAL WARRANTY
DEED TO M&C DEVELOPMENT, LTD., A TEXAS LIMITED PARTNERSHIP,FILED FOR
RECORD IN COUNTY CLERK'S INSTRUMENT NO. D213265067, OFFICIAL PUBLIC
RECORDS, TARRANT COUNTY, TEXAS (OPRTCT), AND BEING ON THE SOUTH LINE
OF AN ATMOS ENERGY PIPELINE EASEMENT (FORMERLY ENSERCH
CORPORATION), FILED FOR RECORD IN VOLUME 7094, PAGE 908, DRTCT, SAID
BEGINNING POINT HAVING A NAD 83 — TEXAS COORDINATE SYSTEM POSITION
(GRID) OF N: 6993047.3 E: 2304518.4 (SEE NOTE AT BOTTOM OF DESCRIPTION FOR
REFERENCED NETWORK);
THENCE NORTH 79 DEGREES 08 MINUTES 33 SECONDS WEST, ALONG SAID SOUTH
LINE,A DISTANCE OF 100.46 FEET, TO A POINT FOR CORNER;
THENCE NORTHERLY, DEPARTING SAID SOUTH LINE, AND OVER AND ACROSS
SAID CALLED 964.473 ACRE TRACT OF LAND,THE FOLLOWING CALLS:
NORTH 11 DEGREES 51 MINUTES 39 SECONDS EAST, A DISTANCE OF 229.71
FEET, TO A POINT FOR CORNER;
NORTH 17 DEGREES 18 MINUTES 14 SECONDS EAST, A DISTANCE OF 19.03
FEET,TO A POINT FOR CORNER;
NORTH 42 DEGREES 53 MINUTES 44 SECONDS EAST, A DISTANCE OF 19.72
FEET, TO A POINT FOR CORNER;
NORTH 61 DEGREES 18 MINUTES 51 SECONDS EAST, A DISTANCE OF 111.27
FEET,TO A POINT FOR CORNER;
NORTH 22 DEGREES 01 MINUTES 24 SECONDS EAST, A DISTANCE OF 111.21
FEET, TO A POINT FOR CORNER;
NORTH 02 DEGREES 49 MINUTES 54 SECONDS WEST, A DISTANCE OF 433.29
FEET,TO A POINT FOR CORNER;
Page ] of 3
NORTH 18 DEGREES 19 MINUTES 28 SECONDS EAST, A DISTANCE OF 59.66
FEET, TO A POINT FOR CORNER;
NORTH 04 DEGREES 09 MINUTES 36 SECONDS EAST, A DISTANCE OF 82.80
FEET, TO A POINT FOR CORNER;
DUE NORTH,A DISTANCE OF 28.75 FEET,TO A POINT FOR CORNER;
NORTH 89 DEGREES 36 MINUTES 18 SECONDS EAST, A DISTANCE OF 23.00
FEET, TO A POINT FOR CORNER, BEING ON THE WEST LINE OF A CALLED
19.603 ACRE TRACT OF LAND AS DESCRIBED IN THE SPECIAL WARRANTY
DEED TO M & C DEVELOPMENT, LTD., A TEXAS LIMITED PARTNERSHIP,
FILED FOR RECORD IN COUNTY CLERK'S INSTRUMENT NO. D214158673,
OPRTCT, FROM WHICH A 5/8 INCH CAPPED IRON ROD SET STAMPED
"MYCOSKIE MCINNIS" FOR THE NORTHWEST CORNER OF SAID CALLED
19.603 ACRE TRACT OF LAND BEARS NORTH 00 DEGREES 23 MINUTES 42
SECONDS WEST,A DISTANCE OF 19.63 FEET;
THENCE SOUTHERLY, ALONG THE WESTERLY LINE OF SAID CALLED 19.603 ACRE
TRACT OF LAND,THE FOLLOWING CALLS:
SOUTH 00 DEGREES 23 MINUTES 42 SECONDS EAST, A DISTANCE OF 602.64
FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE
MCINNIS";
SOUTH 10 DEGREES 49 MINUTES 40 SECONDS WEST, A DISTANCE OF 449.30
FEET, TO A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE
MCINNIS", BEING ON THE NORTHERLY LINE OF A SAID CALLED 23.107
ACRE TRACT OF LAND;
THENCE NORTH 79 DEGREES 08 MINUTES 06 SECONDS WEST, ALONG SAID
NORTHERLY LINE, A DISTANCE OF 54.03 FEET,TO THE POINT OF BEGINNING AND
CONTAINING 1.694 ACRES (73,774 SQUARE FEET)OF LAND,MORE OR LESS.
BEARINGS& COORDINATE VALUES SHOWN HEREON ARE IN REFERENCE TO THE NAD
83 - TEXAS COORDINATE SYSTEM - NORTH CENTRAL ZONE, 4202, BASED ON GPS
OBSERVATIONS UTILIZING THE LEICA GPS REFERENCE NETWORK. COORDINATE
VALUES ARE PROVIDED FOR LOCATION PURPOSES ONLY (GENERAL) AND SHOULD
NOT BE SOLELY RELIED UPON WHEN CONDUCTING A BOUNDARY RETRACEMENT
SURVEY.
SEE ATT CHED EXHIBIT`B"DATED FEBRU Y 4,2015(PAGE 3 OF 3)
.OF...T�
P.'� 5 r FRF•.-I-
...................
MERLE IL D MERLE W. MILLER
02/04/13 .........................5...
REGISTERED PRO 54,
LAND SURVEYOR 5438 �q''°'�E s s °�''o�
STATE OF TEXAS N�•SUR%j
Page 2 of 3
EMEBIT "A"
DRAINAGE EASEMENT
THE FOLLOWING IS A SURVEY PLAT OF A DRAINAGE EASEMENT
SITUATED IN THE JOSEPH BOMAN SURVEY, ABSTRACT NO. 79, AN ADDITION TO THE CITY OF FORT
W(WTH, TARRANT COUNTY, TEXAS.
LINE BEARING DISTANCE LOT 1,BLOCK 1
L 1 N 79'08'33" W 100.46' 11.63' EAGLE MOUNTAIN—SAGINAW ELEMENTARY
SCHOOL NO. 13 ADDITION
L2 N 11'51'39" E 229.71' L11 CAR. A.Prrlt:r TCT 1r718
_
L3 N 17'18'14" E 19.03' — sw coRNER
L4 N 42'5344" E 19.72' L10 ALEXANDER F. ALBRIGHT SURVEY
I L 15 SCHOOL TRACT
L5 N 61'18'51" E 111.27'' Lg
ABSTRACT NO. 1849
L6 N 22'01'24" E 111.21'
L7 N 02'4954" W 433.29' I IABOU AL7lES
» , M & C DEVELOPMENT, LTD
L8 N 18'19 28 E 59.66 DLy D21415e873
L9 N 04'09'36" E 82.80' apRraT
L10 N 00'00'00" W 28.75' I
L11 N 89'36'18" E 23.00'
» s ^ PRO {ISE )1,4 NE REE
L 12 S 00'23 42 E 602.64 SEC nON 9A
L 13 S 10'49'40" W 449.30'
,L14 N 79'08'06" W 54.03' "```` FALLW 1AW
S7Rmw
IL15 IN 00'23'42" W 19.63'
CALLED 9"473 AC'
S fi
HAYCO REALTY, LTD
VUL 14192 M 644 POB PANT OF BEGINNING
10SEPH BOA[AN SURVEY DRTCT i
ABSTRACT NO. 78 ^' CIRF CAPPED IRAN ROD FOUND
DRTCT DEED RECORDS TARRANT
PL 1 603 A COUNTY, TEXAS
` TRACT OPRTCT OFFICIAL PUBLIC RECORDS
WELL SITE MC-8
BARNETT GATHERING, LP VOL. 17099• PG. 57 TARRANT COUNTY, TEXAS
30'MULTIPLE PIPELINE RIGHT—OF—WAY ' DRTCT PRTCT PLAT RECORDS TARRANT
AND EASEMENT L A COUNTY, TEXAS
CC/
DRTCT 1367 ' L3 I 1.6 4 A S
73, 74 QUA E T ESMT. EASEMENT
20'ACCESS ESMT. NO. 2 & 3 PL PROPERTY LINE
NX. 17099, PG:. 57 —
�`�• _�
DRTCTEU1FY
ATMOS ENERGY PIPELINE EASEMENT
(FORMERLY ENSERCH CORPORATION) L I
VOL 7094, PG. 908 C 14
DRTCT
1/2 CIRF I �`
.�.
MARINE�RANCH 39 �.
CAB. AST 11801
M & C OPMENT, L
40 CQF D J165067
b
1, MERLE W. MILLER, REGISTERED PROFESSIONAL LAND SURVEYOR, HEREBY O F
STATE THAT THIS EXHIBIT WAS MADE FROM AN ACTUAL ON THE GROUND (F;••••••••..TF
SURVEY BY ME OR UNDER MY DIRECT SUPERVISION. `P.��\5 T eRF•.;I
c Lj�•� � O t9� m1mla
N
.............................
MERLE W. MILLER
..v.....................V..
5438 mycoskie+mdnnis+associates
MERLE W MILDER FEBRGfARY 4: 2015 �'•.POp Vp�!'� oM1enpineertr�0Ykq IerdscspesniiMechre pWmirq
No SURVEYOR N0 5OU43'�8 9�;D,E. s•..�. }bps rogstratbn mwrdw. f—2759
LAND
g STATE OF TEXAS U Rv tbpe regWautIon/Ikmco
se mber: 10088000
200 east abrom
0
ry NOTES: arltngton, texas 76010
1. BEARINGS SHOWN HEREON ARE IN REFERENCE TO THE NAD 83 — TEXAS COORDINATE SYSTEM — NORTH 8 1 7—4 6 9—1 6 7 1
ry CENTRAL Z01� 4202, BASED ON GPS OBSERVA77ONS U71LIZING THE LEICA GPS REFERENCE NETWORK.
fox: 617-274-6757
2. SEE ACCOMPANYING LEGAL DESCRIP77ON PAGES 1 & 2 OF A DATED 02-04-15. w w■.m m a t e x a e.a o m
nue x/15 MU.I-—2 'wm Of:111L aUO ar,MI M,loe.lo_2W-02-01 PAGE 3 OF 3
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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 inspect.
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. Silt shall
be removed and the channel/swale retuned to original lines and grades shown on
the approved engineering plans. In addition, corrective measures are required
any time a facility does not drain completely within 72 hours of cessation of inflow.
Accumulated litter, sediment, and debris shall be removed every B months or as
necessary to maintain proper operation of the facility. Disposal shall be in
accordance with federal, state and local regulations.
Drainage 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.
• 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 dam.
• 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.
STAR~M FAcu.W tiui ITSMANM Aon g
ar.� s
Exhibit"D"
Stormwater Structural Maintenance CHECKLIST
FREQUENT REPAIRS REPAIRS
INSPECTION DATE REQUIRED MADE NOTES
Mowin
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
y2getation
Condition of trash
ward
Location of Erosion
MAJOR
INSPECTIONS
Condition of
Stormwater Quality
Structure
Type of Stormwater
Quality Structure
Structure type and
Condition
Condition of
Ra
SYOR~TMraCiu YMANnI AW.EAGPAe rr g
Rw.12 "
Condition of
filtration astern
Berm or
Embankment
Settlement
Location of erosion
Evidence of
Animals
Evidence of Aquatic
I ife
Condition of
Aeration
Foundation
STORMWATER FAGIUTY MAINTENANCE AGREEMENT 10
Rev.17/2912014