HomeMy WebLinkAboutContract 13876 i
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
THE STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS THAT: CITY SECRETARY
COUNTY OF TARRANT ) CONTRAC1,
WHEREAS, MEADOWCREEK PHASE VI, SECTION 1, an Addition to the City of
Fort Worth, Tarrant County, Texas; and,
I
WHEREAS, CARTER AND BURGESS, INC., has prepared and submitted a plat of
said area to the City of Fort Worth for its approval prior to such plat being
recorded in the office of the County Clerk of Tarrant County, Texas, and by
virtue of such plat, Developer proposes to dedicate to the City of Fort Worth
a drainage easement which extends, as shown in the area outlined on the
attached diagram, which is marked Exhibit "A" and hereby incorporated herein
by reference for all purposes; and,
NOW THEREFORE,
CAMBRIDGE-SPYGLASS MEADOWCREEK JOINT VENTURE, of Tarrant County, Texas,
being the owners of MEADOWCREEK PHASE VI, SECTION 1 , an Addition to the
City of Fort Worth, Tarrant County, Texas, hereinafter called "Developer",
one dollar and 00/100 ($1.00), to him in hand paid by the City of Fort Worth,
and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, hereby convenants as follows with the public and the
City of Fort Worth, such convenants to constitute a servitude upon and to
run with the land and be binding upon CAMBRIDGE-SPYGLASS MEADOWCREEK JOINT
VENTURE, and all future owners of the following described real property
situated in Fort Worth, Tarrant County, Texas:
SEE EXHIBIT "A"
04/19/84
C&B No. 84039-04
Page 1 of 4
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TEX.
1 .
Developer convenants and agrees to maintain at all times the bed and
banks of the drainage channel in the drainage easement outlined on the
attached Exhibit "A" in accordance with the current standards then in force
and effect in the City of Fort Worth at no expense to the City of Fort Worth.
In the event Developer fails or refuses to correct any deficiencies or to make
any improvements in the bed and banks of the drainage channel which are
necessary in the opinion of the City of Fort Worth to bring such drainage
channel into compliance with the current standards for such channels then
in force and effect in the City of Fort within 60 days after being directed
in writing by the City of Fort Worth to correct such deficiencies or make
such improvements, then and in such event the City of Fort Worth shall be
authorized to enter in and upon such drainage channel and to correct such
deficiencies or make such improvements or cause same to be done on behalf of
and at the expense of the Devloper and to impress a lien for the cost of
such work upon the real property in MEADOWCREEK PHASE VI, SECTION 1 , an
Addition to the City of Fort Woth, Tarrant County, Texas, adjacent to and
abutting the area in the drainage channel where such work was performed
in order to secure reimbursement for such cost to the City. Such lien shall
be perfected by filing in the office of the County Clerk of Tarrant County,
Texas, an affidavit igdentifying the property to be charged with such lien,
stating the amount thereof, and making reference to this agreement.
04/19/84
C&B No. 84039-04
Page 2 of 4
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2.
Developer convenants and agrees and does hereby indemnify, hold harm-
less and defend the City of Fort Worth, its agents, servants and employees
I
from and against all costs, expenses, losses, damages, claims or causes of
action whatsoever arising, or which might arise, from the -failure of
Developer of any future owners of the above described property to maintain-
the bed and banks of the drainage channel in accordance herewith, or to
perform any of its duties or obligations hereunder.
3.
Developer convenants 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 improvemnts within the
drainage easement which do not impede drainage.
4.
Developer convenants 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 qne ft. above the maximum depth of
water in the drainage channel which would occur during a one hundred (100)
-year frequency flood.
5.
Developer agrees that the above described real property abutting the
drainage channel will not be subdivided into smaller parcels or tracts unless
and until an agreement in writing is made between the City of Fort Worth and
the then owners thereof providing for the improvement at no expense to the
City of the bed and banks of the drainage channel to the extent deemed
necessary by the City.; impressing a lien. upon such parcels or tracts for
the cost of such improvements and indemnifying the City of Fort Worth, its
agents, servants and employees from and against all cost, expenses, losses,
damages, claims or causes of action whatsoever arising, or which might arise,
from the failure of such future owners to maintain the bed and banks of the
drainage channel in accordance herewith, or to perform any of their
04/19/84
C&B No. 84039-04
Page 3 of 4
respective duties and obligations hereunder. It is further agreed that any
attempt by developer to subdivide said real property without first complying
herewith and any purported cognizance made pursuant thereto shall be void.
The above covenants and agreements shall constitute a servitude upon
and shall run with the land and be binding upon the Developer and all sub-
sequent owners of the above described real property abutting the drainage
easement outline on the attached Exhibit "A", and hereby incorporated
herein by reference for all purposes.
EXECUTED THIS ,t7 DAY OF —' A.D., 1984.
CAMBRIDGE-SPYGLASS MEADOWCREEK JOINT
VENTURE
BY:
ATTEST:
THE STATE OF TEXAS )
COUNTY OF TARRANT )
Before me, the undersigned, a Notary Public in and for the State of Texas,
on this day personally appeared AlIkk rm CA pmkLjS" IoAs.mti '!—
of Sm6ulrs5 rte- Grn-Ij ipmr. a b known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged
to me that he executed the same in the capacity indicated, as the act and deed
of said corporation, and for the purposes and consideration therein exressed.
Given under my hand and seal of office, this L�day of A.D., 1984.
N ARY PUBLIg IN AND OR�THE STATE OF T1S
04/19/84
C&B No. 84039-04
Page 4 of 4
t7r`
Accepted and approved this V day of V` 1984.
CITY OF FORT WORTH, TEXAS
Title:
i
ATTEST:
I
Cit�reta y
APPROVED AS TO FORM AND LEGALITY:
ity ZAtt.—"y !z
BEFORE ME, the undersigned, a Notary Public in and for said County and
State, on this day personally appeared ,
, of THE CITY OF FORT WORTH, a Texas home rule
municipal corporation, known to me to be the person and officer whose name
is subscribed to the foregoing instrument, and acknowledged to me that the
same was the act of the said CITY OF FORT WORTH, and that he executed the
same as the act of said municipal corporation, for the purposes and consider-
ation therein expressed, and in the capacity therein stated._
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 3bA day of
1984.
Notary#ublic in and for
Tarrant County, Texas
My Commission Expires:
APPROVED BY CITY COUNCIL
C°-klf f/
ity eoretarY
Date
EXHIBIT "A"
DRAINAGE AND UTILITY EASEMENT
Being a 3.39-acre tract of land situated in the J. Jennings Survey,
Abstract Number 873, City of Fort Worth, Tarrant County, Texas, and being a
portion of that certain tract of land as described by deed to Charles J.
Wilson and William D. Parsons and recorded in Deed Volume 7650, Page 1488,
County Records, Tarrant County, Texas, said 3.39-acre tract of land being a
drainage and utility easement and being more particularly described by
metes and bounds as follows:
BEGINNING at a point in the northerly line of said Wilson and Parsons
tract, said point being in the northerly line of said Jennings Survey and
the 'southerly line of the S.A. and M.G. RR. Survey, Abstract Number 1463,
Tarrant County, Texas, said point being west 660.04 feet from the northeast
corner of said Wilson and Parsons tract;
THENCE SOUTH, leaving said northerly property line and said common survey
line, 117.51 feet to the beginning of a cure to the left whose radius is
217.53 feet and whose long chord bears S 21 09' 14" E, 157.00 feet;
THENCE along sai9 curve to the left in a southeasterly direction through
a central angle of 42 18' 2811, an arc length of 160.62 feet to the end of
said curve;
THENCE S 420 18' 28" E, 382.62 feet to an angle point;
THENCE S 400 41' 23" E, 348.64 feet to the beginning of a carve to the
left whose radius is 105.11 feet and whose long chord bears S 64 19' 30" E,
84.28 feet;
THENCE along sai9 curve to the left in a southeasterly direction through
a central angle of 47 16' 13", an arc length of 86.72 feet to the end of said
curve;
THENCE S 870 57' 36" E, 12.50 feet to a point in the westerly line of-
that certain tract of land as described by deed to Atchison Topeka & Santa Fe
Railroad and recorded in Deed Volume 34, Page 474, said County Records;
THENCE S 020 01' 55" W, along the westerly line of said Athhcson Topeka &
Santa Fe Railroad tract, 116.98 feet;
THENCE N 870 58' 05" W, leaving said Atchison Topeka & Santa Fe Railroad
tract, 18.00 feet;
THENCE N 020 01' 55" E, 11.06 feet to the beginning of a non-tangent
curve to the right whose radius is 204.96 feet and whose long chord bears
N 63° 14' 54" W, 161.34 feet;
THENCE along said non-tangent curvy to the right in a northwesterly
direction through a central angle of 46 21' 2111, an arc length of 165.82 feet
to the end of said curve;
THENCE N 400 04' 13" W, 391.04 feet to the beginning of a carve to the
left whose radius is 276.92 feet and whose long chord bears N 65 02' 07" W,
233.76 feet;
THENCE along saig curve to the left in a northwesterly direction through
a central angle of 49 55' 47", an arc length of 241.32 feet to the end of
said curve;
Revised 04/05/84
12/23/83
C&B No. 8403902
Page 1 of 2
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CONTINUED - EXHIBIT "A"
DRAINAGE AND UTILITY EASEMENT
THENCE WEST, 369.38 feet to a point in the westerly line of the
aforementioned Wilson and Parsons tract, same also being the beginning of a
non-tangent curve to the right whose radius is 1870.00 feet and whose long
chord bears N 08u 16' 27" W, 80.84 feet;
THENCE along said non-tangent curve to the right and along the westerly
line of said Wilson and Parsons tract, in a northerly direction through a
central angle of 020 28' 3811, an arc length of 80.85 feet to the end of said
curve;
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THENCE EAST, leaving the westerly line of said Wilson and Parson tract,
381:02 feet to the beginning of a curve to the right whose radius is 413.72
feet and whose long chord bears S 84 39' 50" E, 76.95 feet;
i
THENCE along s$id curve to the right in an easterly direction through a
central angle of 10 40' 20", an arc length of 77.06 feet to the end of said
curve;
THENCE.N 380 16' 11" W, 143.00 feet to the beginning of a curve to the
right whose radius is 291.08 feet and whose long chord bears N 19u 08' 05" W,
190.83 feet;
THENCE along sai9 curve to the right in a northwesterly direction through
a central angle of 38 16' 1111, an arc length of 194.42 feet to the end of
said curve;
THENCE NORTH, 117.51 feet to a point once again in the northerly line of
the aforementioned Wilson and Parsons tract and also the aforementioned common
survey line;
THENCE EAST, along the northerly line of said Wilson and Parsons tract
and also said common survey line, 74.00 feet to the POINT OF BEGINNING and
containing 3.39 acres of land, more or less.
Revised 04/05/84
12/23/83
C&B No. 8403902
Page 2 of 2
i
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J. JENNING5 5URVEV` oq�
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259.76' ` I N
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CHARLES J. WILSON '
and
WILLIAM D. PARSONS J ai
Vol.76'50, 1x3.1488 ( Q
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SCALE:I%IOU 8=204961" `
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Exhibit W Showing o
Noe a 01 3.35 Ac.in DRAINAGE 4 UTILITY ESMT.
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0.� �P L
Situated inihe J.Jennin n Survey,Abstract No.878,Cit9
of Fort Worth,Tarrant tounty,Texas.
CARTER G BURGESS,INC. ^�\ 40,
ENGINEERS•PLANNERS Rev. : April 05.84 /
,Iao.allCONl TR CT/,.n.ROxaon/FOMIWOMH.T"ASTOna Date: Dec.05,89 JobN0.8403902
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT, Drainage Channel Maintenance PAGE
NUMBER Agreement Between FW City and
7/24/84 **C-8491 Cambridge-Spyglass Meadowcreek I of
Joint Venture
Cambridge-Spyglass Meadowcreek Joint Venture, the developer of Meadowcreek,
Phase VI, Section I, has provided a 1200' long earthen drainage channel from
Hawkwood Trail to the Atchison, Topeka and Santa Fe Railroad and a connecting
4501 long earthen drainage channel from Sycamore School Road, as shown on the
attached agreement's exhibit. The subject agreement commits the developer to
perpetual maintenance of the drainage channel to City standards and also holds
the City harmless from any claims that may result from improper channel
maintenance.
Recommendation
It is recommended that the Mayor be authorized to execute the subject
maintenance agreement.
DAI:xh
APPROVED BY
CITY COUNCIL
JUL 24 1984
City Secretary of the
C'!y Of Fort WQ4b,XaxgA
SUBMITTED FOR THE DISPOSITION BY COUNCIL: PROCESSED BY
CITY MANAGER'S ❑ APPROVED
nFFICE BY:
ORIGINATING V ❑ OTHER (DESCRIBE)
DEPARTMENT HEAD: Gary- L, Santerre CITY SECRETARY
FOR ADDmONAL INFO
CONTACT: TIATAuntaj ibuddiri Ext. 7800 DATE