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Home My WebLink AboutContract 14417 ry . CITY SECRETARY 0ONT.RACT N-a DRAINAGE CHANNEL MAINTENANCE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF TARRANT WHEREAS, Ken L. Keenum and wife, Sharon Keenum , are the record owners of Lots 7 and 8, McCarthy Addition to the City of Fort Worth, Tarrant County, Texas; and, WHEREAS, Ken L. Keenum and wife, Sharon Keenum, have 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 Country 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 across our lot, 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, Ken L. Keenum and wife, Sharon Keenum, of Tarrant County, Texas, being the owners of Lots 7 and 8, McCarthy Addition to the City of Fort Worth, Tarrant County, Texas, hereinafter called "Developer," for one dollar and 00/100 ( $1 . 00 ) , to us 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 run with the land and be binding upon Ken L. Keenum and - 1 - wife, Sharon Keenum, and all future owners of the following described real property situated in Fort Worth, Tarrant County, Texas: Lots 7 and 8 (designated Lot 7-R) , McCarthy Addition to the City of Fort Worth, Tarrant County, Texas Developer covenants 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 Worth within 60 days after being directed in writing by the City of For 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 known as Lots 7 and 8, McCarthy Addition, 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 2 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 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 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 abutting such easement which shall have a finished floor at an elevation less than two feet above the maximum depth of water in the drainage channel which would occur during a 100 year frequency flood. 5. Developer agrees that the above described real property abutting the drainage channel will not be subdivided into smaller 3 - 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 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 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 -eegn-1-z-&n-ce; 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 DAY OF �� t- , A. D. , 19 �5 Sharon Keenum Ken L. Keenum 4 - STATE OF TEXAS § COUNTY OF TARRANT BEFORE ME, the undersigned, a Notary Public in and for said State, on this day personally appeared KEN L. KEENUM AND SHARON KEENUM, known to me to be the persons whose names are subscribed to the foregoing instrument, and acknowledged to me that they executed- the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS day of 19 Q5. O RY PUBLIC, State of Texas My Commission Expires : P& Accepted and approved this day of Age-,- 1985. CITY OF FORT WORTH, TEXAS T tl . ATTEST: AP'-VM BY CITY COUNCIL C ty Secretary V APPROVED AS TO FORM AND LEGALITY: 1 y Secretary a r 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 or e purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 1985. Notary Public in and for Tarrant County, Texas My Commission Expires: 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 consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1985. Notary Public in and for Tarrant County, Texas My Commission Expires: r -t' m r it e N a N Y D ,--j' T $ ® A - h ao mod^ o i ® ` Ul cl OD E �\ DO ® Z� ' n G)z M 4' x '"14 Fri � tb y �kl m 11 *<i e�." dCG,m- City of Fort Worth, Texas &:,e� Mayor or and Council Communication DATE REFERENCE SUBJECT: DRAINAGE CHANNEL MAINTENANCE PAGE NUMBER AGREEMENT BETWEEN THE CITY OF FORT WORTH 1 5/28/85 **C-9049 AND KEN AND SHARON KEENUM OWNERS OF ' of LOTS 7 & 8 IN THE MCCARTHY ADDITION Background Mr. and Mrs. Ken Keenum, owners of Lots 7 and 8 of the McCarthy Addition, have an existing drainage channel of varying width running southwest and northwest on Lots 7 and 8. The Keenums have recently submitted plans for improving the southwest portion of the channel which they propose to fully concrete line at their cost. The entire length of the channel (the southwest improvement and the northwest earthen channel ) will be the maintenance responsibility of the Keenums and they accept the liability of correcting deficiencies as they may occur. The Keenums agree 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 with the City of Fort Worth. The Keenums have submitted an appropriate maintenance agreement to the City and the staff recommends approval of their request. Financing The City of Fort Worth will pay the Keenums a sum of $1.00 for consideration. Funds are available in General Fund Account 20-20-01, Index Code 230953. Recommendation It is recommended that the City Council authorize the Mayor to approve, accept and execute a drainage channel maintenance agreement with Ken and Sharon Keenum. DAI :uc SUBMITTED FOR THE r DISPOSITION BY COUNCIL: PROCESSED BY CITY MANAGER'S nFFICE BY: ❑ APPROVED ORIGINATING L Santerre ❑ OTHER (DESCRIBE) Gar DEPARTMENT HEAD: Y . CITY SECRETARY FOR ADDITIONAL INFORmSdDTrolet Ext. 7908 CONTACT: DATE