HomeMy WebLinkAboutContract 14196 CITY SECRETARY
CONTRACT
DFAINPM CHANNEL MARqIENk?qCE AJM1UZfflW
CITY SECRETARY
THE STATE OF TEXAS CONTRACT N&
1010W ?IL, MEN BY TIMSE PRFSaITS THAT:
00-UNTY OP TARRANT
WB17-REAS.. Map of Lots A, B and C in Block I of the Luke Williams
Industrial Subdivision, Lot I-R in Block 1 of the McElroy Industrial
Addition, in Fort Worth in Tarrant County, Texas and being a resubdivision
of a portion of Lots 2 through 13, all of Lots 14 through 21, 12, 8; 24 in
said Luke Williams Industrial Subdivision,
. part of the J. C. McComas Survey
Abstract No. 1039, Lots 1. 2, and 3 of said McKroy Industrial Addition,
and a portion of former Grace Street adjacent to said Lots and Blocks, an
I'Arbi-ion to the City of Fort Worth, Tarrant County, Texas, and,
%1MREAS, Jams J. Schell, Owner Schell Properties, 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, Texaq, and by virtue of such plat, Developer proposes to dedicate to
the City of Fort Worth a drainage easement which extends Map of Lots A, B and
C in-Block 1 of the Luke Williams Industrial Subdivision, Lot 1-R in Block I
of the McElroy Industrial Addition, in Fort Worth in Tarrant County, Texas
and being a resubdivision of a portion of Lots 2 through 13, all of Lots 14
through 21, 12, 8, 24 in said Luke Williams Industrial Subdivision, part of
the J. C. McComas Survey Abstract No. 1039, Lots 1, 2, and 3 of said McElroy
Industrial Addition, and a portion of former Grace Street adjacent to said
Lots and Block, an Addition to the City of Fort Worth, Tarrant County, Texas,
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 THMEFORE,
James J. Schell, Owner Schell Properties, of Tarrant County, Texas,
being the owner of Map of Lots A, B and C in Block 1 of the Luke Williams
Industrial Addition, in Fort Worth in Tarrant County, Texas and being a resub-
division of a portion of Lots 2 through 13, all of Lots 14 through 21, 12, 8, 24
in said Luke Williams Industrial Subdivision, part of the J. C. McCcues Survey
Abstract, No. 1039, Lots 1, 2, and 3 of said McElroy industrial Addition, and a
portion of fonder Grace Street adjacent to said Lots and Blocks, 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 consideratiou,.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 se-Vritude,rqpon and to run with the
land and be binding upon James J. Schell, and all future owners of the following
described real property situated in Fort Worth, Tarrant Count,-, Texas:
DFUT11 RECORD i
MY SE"CRITARY
IT. WORTH, TEX.
III
Map of Lots A, B and C in Block 1 of the Luke Williams Industrial
Subdivision, Lot 1-R in Block 1 of the McElroy Industrial Addition, in
Fort 4+br+..h in Tarrant County, Texas and being a resubdivision of a portion
of Lots 2 .through 13, all of Lots 14 through 21, 12, 8, 24 in said Luke
Williams Industrial Subdivision, part of the J. C. McCcmias Survey Abstract
No. 1039,, Lots 1, 2, and 3 of said McElroy Industrial Addition, and a
portion of former Grace Street adjacent to said Lots and Blocks, an addition
to the City of Fort Worth, Tarrant County, Texas, as shown in Exhibit A.
1.
i
Developer covenants and agrees to maintain at all times the bed and
banks of the drainage channel in the drainage easment 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 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 Pmter ir and upon such drainage charriel 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 impresss a lien for the cost of such work upon
the real property in Map of Lots A, B and C in Block 1 of the Luke Williams
Industrial Subdivision, Lot 1-R in Block 1 of the McElroy Industrial Addition,
in Fort Worth in Tarrant County,.Texas and being a resubdivision of a portion
of Lots 2 through 13, all of Lots 14 through 21, 12, 8, 24 in said Luke Williams
Industrial Subdivision, part of the J. C. McComas Survey Abstract No. 1039,
Lots 1, 2, and 3 of said McElroy _industrial Addition, and a portion of former
Grace Street adjacent to said Lots and Blocks, and Addition to the City of
Fort Worth,-Tarrant County, Texas, adjacent to aryl 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 prop-
erty to be charged with such lien, stating the amount thereof, and making
reference to this agreement.
Ii
.2.
Develo per covenants and agrees and does hereby indemnify, hold harmless
and defend the City of Fort Worth, its agents, servants and employees from and
against all eosts,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 and banks of the drainage
channel in accordance herewith, or to perform any of its duties or obligations
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 abetting such easement which shall have a
finished floor at an elevation less than one (1) foot above the maxi= 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 Fart 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 costr expenses, losses, damages, claims or
causes of action whatsoever arising, or which might arise, frem 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 respective duties and obligations
hereunder. it is further agreed that any attempt by developer to subdivide said
real rroperty without first complying herewith and any purported cognizance made
pursuant thereto shall be void.
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 # 14196. 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.
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 out-
lined on the attached Exhibit "A", and hereby immrwFated herP.i.n by reference
for all purposes.
EKEaj= THIS C 2 i`DAY OF lti,,ti. k _ , A.D., 19•x.
JAMES J. SCIMLZ, OKHM
ATTEST:
By
STATE OF TEXAS
COUNTY OF DALLAS
BEFORE ME, the undersigned, a Notary Public in and for,pai my
and State, on this day personally appeared
known to me to be tW6 person �7hose name 14 i b-
scribed to the foregoing instrument, and acknowledged to me that the same :
was for the purposes and consideration therein expressed. /
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
1984.
NouibYy PubjXc in and.for
Dallas County, Texas
My Commission Expires:
C�
i
Accepted and approved thin ; /R day of �yel iG._• ,
1984.
CITY OF FORT WORTH, TEXAS
By:
Title =
ATTEST:
ity Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
BEFORE ME, the undersigned, a Notary Public i and for said
County and State, on this day personally appeared J+1_ '-"n
Qo tv , C'� (F-"y10 , of THE CITY OF FORT WORTH, a 1 ..xas
home rule municipal cor a ration, 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. }}-
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the Crk day
of 19q.
Notary Public in and fkar
Tarrant County, Texas
My Commission Expires:
10- Ft- 6T
OpROVM BY CITY COUNCIL
C- f7F7
U.11y Secretary
Date
EXHIBIT "A"
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City of .Fort ` or* t , Texas
Mayor and Council Communication
nication
DATE REFERENCE SUBJECTDRAINAGE CHANNEL MAINTENANCE AGREE PAGE
NUMBER MENT BETWEEN THE CITY OF FORT WORTH AND 1
1/3/85 **C-8787 , ot
5CHELL PROPERTIES OF ARLINGTON, TEXAS
Schell Properties of Arlington, Texas has submitted to the City of Fort Worth,
for its consideration, a drainage channel maintenance agreement (see exhibit
"A") for a channel between the Luke Williams Addition and the Detention Center
complex.
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 between the City of Fort Worth and Schell Properties.
DAI:ds
SUBMITTED FOR THE
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
..
OFFICE BY: ❑ APPROVED
ORIGINATING ❑ OTHER (DESCRIBE)
DEPARTMENT HEAD: Gary L. Santerre
CITY SECRETARY
FOR AODIfIONAI INFORMA TYlas Williams Ext. 7901
CONTACT: U .L DATE