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HomeMy WebLinkAboutContract 14168 CITY SECRETARY. DEAD DRAINAGE CHANNEL MAINTENANCE AGREEMENT CITY SECRETARY THE STATE OF TEXAS 1) CQII�T�A�� � , �g KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF TARRANT WHEREAS, Lot A-'R, Block 80, Western Hills Addition, Section 7, an `addition to the City of Fort Worth, Tarrant County, Texas; and WHEREAS, Stanley W. Cameron, Chief Executive Officer of Cimarron Construction Companies 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 from Chamita Lane north to a 40' utility and pipeline easement as recorded in Volume 631, Page 501, and Volume 631, Page 592 D>R.T.C.T. and is shown as the area outlined on the attached diagram, which is marked Exhibit "A" and hereby incorporated herein by reference for all purposes; and, NOW THEREFORE, STANLEY W. CAMERON OF CIMARRON CONSTRUCTION COMPANIES OF HOUSTON, TEXAS being, the owner of-Lot A-R, .Block 80, Western Hi Is Addition, Section ,7, an:-addition to the :City 'of Fort Worth, Tarrant County;, Texas, hereinafter-,- called- "Developer'"!-5 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 covenants as follows with the public and the City of Fort Worth, such covenants to constitute a servitude upon' and to ruirn wilth the land .and, be bindind,upon''Stanley w. Cameron•f, Chief rExecut�ve: of Gimarr,on.,Cc}nst,rd tion -Companies, and -all' future owners' of t{ie'°fc!lloWing described real °property situated in Fort-Worth, Tarrant '�County; Texas: RICO My slau ,R TEX. FIELD NOTES Being a parcel of land out of Lot A-R, Block 80, Western Hills Addition, Section 7, and being part of Lot A, Block 80, Western Hills Addition, Section 7, as recorded in Volume 388-51, Page 69, Plat Records, Tarrant County, Texas and being more particularly described as follows; BEGINNING at a 1/2 inch iron rod found for corner at the intersection of the north R.O.W. line of Chamita Lane (60' R.O.W. ) with the south property line of Lot 10, Block 80 Western Hills Addition, Section 7 as recorded in Volume 5818, Page 70 of the Plat Records, Tarrant County, Texas; THENCE S 64 054'50" W continuing along said north R.O.W. line for a distance of 95.00 feet to a point for corner; THENCE N 25 006'00" W for a distance of 30.00 feet to a point for corner; said point being the beginning of a curve to the right whose center bears N 64°54'00" E, having a central angle of 23°44' 15" , a radius of 605.00 feet and a tangent of 127.15 feet; THENCE along said curve to the right for a distance of 250.65 feet to a point for corner; THENCE N 09 059'38" W for a distance of 13.52 feet to a point for corner, said point being the beginning of a curve to the left whose center bears S 87 048'33" W, having a central angle of 16 023'33" , a radius of 385.00 feet and a tangent of 55.45 feet; THENCE along said curve to the left for a distance of 110.15 feet to a point for corner; THENCE N 18 035'00" W for a distance of 39.50 feet to a point for corner, said point being the south line of a 40 foot utility and pipeline easement as recorded in Volume 631, Page 501 and Volume 631, Page 592 D.R.T.C.T. ; THENCE N 71 008' 13" E continuing along said south easement line for a distance. of 165.00 feet to a 1/2 inch iron rod found for corner, said point being the west property line of Lot 6, Block 80 Western Hills Addition as recorded in Volume 6039, Page 951 and being the northwest corner of Block 80, Western Hil1s:Addition, Section 7 as recorded -in Volume 5494, Page 461 D.R.T.C.T. ; THENCE S 09 033'25" W along the west property line of aforementioned Lot 7, Block 80 and along the west property line of Lot 8, Block 80 of the Western Hills Addition , Section 7, as recorded in Volume 5343, Page 872 of the Deed Records of Tarrant County Texas, for a distance of 244.72 feet to a 3/4 inch iron rod found for corner; THENCE S 14 056129" E continuing along the west property line of aforementioned Lot B, Block 80 and along the west property line of Lot 9, Block 80 of the Western Hills Addition , Section 7 as recorded in Volume 5457, Page 942 of the Deed Records of Tarrant County, Texas, for a distance of 99.03 feet to a 3/4/inch iron rod found for corner; THENCE S 25 021'55" E continuing along the west property line of aforementioned Lot 9, Block 80 and along the west property line of Lot 10, Block 80 of the Western Hills Addition, Section 7, as recorded in Volume 5818, Page 70 of the Deed Records of Tarrant County, Texas, for a distance of 115.34 feet to the POINT OF BEGINNING and CONTAINING 44,874.41 square feet or 1.03 acres of land more or less. 1. Developer covenants and agrees to maintain at all times the bed, banks and concrete retaining wall 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, banks and concrete retaining wall 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 Worth 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 Developer and to impress--a- lien for the cost of such work upon the real property in the tract of land described above and adjacent to Block 80, Western Hills Addition , Section 7, an addition to the City of Fort Worth, 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 identifying the property to be charged with such lien, stating the amount thereof, and making reference to this agreement. 2. Developer covenants and agrees and does hereby idemnify, 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 Developer or any future owners of the above described property to maintain the bed, banks and concrete retaining wall of the drainage channel in accordance herewith, or to perform any of its duties or obliga- tions hereunder. 3. Developer 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. 4. Developer covenants and agrees that no habitable building shall be erected on the above described property abutting such easement which shall have a finished floor at an elevation less than one (1) foot above the maximum depth of water in the drainage channel which would occur during a 100 (One Hundred) 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, banks and concrete retaining wall 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 idemnifying the City of Fort Worth, its agents, servants and employees from and against all cost, expenses, losses, damages, claims or causes of action what- soever arising, or which might arise, from the failure of such future owners to main- tain the bed, banks and concrete retaining wall of the drainage channel in accordance herewith, or to perform any of their respective duties and obligations hereunder. It is further agreed that any attempt by developer to subdivide said real property f 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 subsequent owners of the above described real property abutting the drainage easement outlined on the attached Exhibit "A" , and hereby incorporated herein by reference for all purposes. EXECUTED THIS 16P DAY OF DC,-E�gcg, A.D. 19$t_. By: ATTEST: By: d7 J7)T .c LORRAIN NOTARY PUBLIC OF TEXAS COMMISSION EXPIRES 1Q--12--56 To Whom. It May Concern March 1, 1985 Ed Drolet of T/PW has been told by Real Property that they need the original notary page of contract # 14168. On March 1, 1985, we made a copy of original notary page with the understanding they will return original notary page to City Secretary office after filing with the County. 1984.Accepted and approved this _ day of CITY OF FORT WORTH, TEXAS By: M_ Ph a- = Title: ATTEST: �Z'/w���i mss' ity Secretar APPROVED AS TO FORM AND LEGALITY: City Attorney BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared , 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 and that he executed the same as the act of said company for the .purposes and con- sideration therein expressed, and in the capacity therein stated. i GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day /\ of , 1984. Notary Public in and for Tarrant County, Texas My Commission Expires: BEFORE ME, the undersigned, a Notary Public in,en'��,f��}}r aid County and State, on this day personally appeared ��_�%q , mva n , of THE CITY OF FORT WORTH, a Texas home rule ;unicipak 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 consideration therein expressed, and in the capacity therein stated. GIT UNDER A4Y HAND AND SEAL OF OFFICE this the �/ day of pce en 1984. Notary Public in and for Tarrant County, Texas My Commission Expires: FND '/2'► R LOT VOL. 6039, PQ, 961 OD s K�3iw"E w �34 5U _ (Al (NM lA _ LOT T ' VOL. 6494, PO. 461 A:16^11*33° R..Afm W -T I'Y I '111)15 �1 ' r N T:55 45' ' , KM'l7 w -. "Lamm S_09°59'3d'.E 92'.. o 0,wo � c LOCATION MAP / LOT 9 VOL. 6467, PG. 94$ A-11-441'1d' F NO !V4 Sl i°11'93 tP 2411 O ° LOT 10 VOL. 6 E 1®, PQ. 7® v, POINT OF BEGINNING S75°(16 UO E i u XT OK _N_640 54 50_E S "( 'SST_ [ilml no] 0�►y°� v`1' SCALE: FND/4 R. �0`e` I"=401 l m�. EXHIBIT 1 YI City ®f Fort Worth, Texas Mayor and Council Communication DATE REFERENCE SUBJECTDRAINAGE CHANNEL MAINTENANCE AGREE NT PAGE NUMBER BETWEEN THE CITY OF FORT WORTH AND CIMARION I 12/11/84 **C-8752 1CONSTRUCTION COMPANIES OF HOUSTON TEXAS I of Cimarron Construction Companies of Houston, Texas, the developer of Lot A-R, Block 80, Western Hills Addition, Section 7 has provided an earthen drainage channel and drainage easement as shown on the attached Exhibit "A". 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:dr SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY nFFICE BY: ❑ APPROVED ORIGINATING V ❑ OTHER (DESCRIBE) DEPARTMENT HEAD: Gary L. Santerre CITY SECRETARY FOR ADDIrIONAL INFOR mtTnrolet Ext. 7800 CONTACT: DATE