The URL can be used to link to this page

Home My WebLink AboutContract 14986 CITY SECRETARY CONTRACT NaZt�W DRAINAGE CHANNEL MAINTENANCE AGREEMENT 3LURET�' RY DEW. `jb THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF TARRANT § WHEREAS, Ronnie Kelley and Larry Sanders are the record owners of Lot 6-R, Block 64, W. A. Archer's Addition, an Addition to the City of Fort Worth, Tarrant County, Texas; and, WHEREAS, Ronnie Kelley and Larry Sanders 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 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 property line to property line, 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, Ronnie Kelley and Larry Sanders, of Tarrant County, Texas, being the owners of Lot 6-R, Block 64, W. A. Archer's Addition to the City of Fort Worth, Tarrant County, Texas, hereinafter called "Developer", One and 00/100 Dollars ($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 covenant 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 Ronnie Kelley and Larry Sanders, and all future owners of the following described real property situated in Fort Worth, Tarrant County, Texas: Lot 6-R, Block 64, W. A. Archer's Addition to the City of Fort Worth, Tarrant County, Texas 1. Developer covenants and agrees to maintain at all times or improve the bed and banks of the drainage channel in the -1- drainage easement outlined on the attached Exhibit "A" in accordance with the current standards then in forte 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 6o 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 Lot 6R, Block 64, W. A. Archer's 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 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 as a result of any damages caused to person or property due to (1) flooding of the channel and its banks, (2) slope failure of the bank of the channel, and (3) any failure of the channel and its bank to operate in a manner consistent with City of Fort -2- Worth criteria or to perform any of its duties or obligations hereunder. i 3. Developer covenants and agrees that no habitable building or any other improvement shall be erected within the drainage easement outlined on Exhibit "A", without the approval of the City of Fort Worth. 4. I 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 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 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 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 conveyance 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 -3- the Developer and all subsequent owners of the above described i 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 A. D. 19 XS i Ronnie Kelley Larry Saunders t By: GvrkALISSiu y9i)c LS ATTEST: By:_1� df STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally�7 appeared hGh r,i z fey 4 �AEty G �� known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that executed the same for the purposes and consideration therein expressed. . GIVEN UNDER MY HAND AND SEAL -OF OFFICE, this the �Sf day of Ap,d 19 P� - � Notary Public in and for The State of Texas Accepted and approved this '��day of 198+ . , ' CITY OF FORT WORTH, TEXAS C -V $y:� .mot v' � Title: ATTEST: Contrao Authorization -M(y Secretary - Date APPROVED AS TO FORM ' D LEGALITY: C'ty Attorn y 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 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 C my and State, on this day personally appearedUi/I of THE CITY OF FORT WORTH, a Texas home rule muni ipal 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. �G GIVEN U H R M HAND AND SEAL OF OFFICE this the Z day of �� _ 1986. tar P is in and for arrant County, Texas My Commission Expires: i i .�aa..i-�.S yt �Z :�N pack laacs s�rou�® o —1 F_ -- ®— LO 6 (J) o rb 0—i Nr ,4ke id 107 ZI, fb O '.980 �',L O 107 w ,107 S ZL 'd 'E% /0,1 City of Fort Worth, Texas Xw4w Mayor and Council Communic tion DATE REFERENCE SUBJECT: DRAINAGE CHANNEL MAINTENANCE AGREE- PAGE NUMBER 4-22-86 **C-9599 MENT BETWEEN THE CITY OF FORT WORTH, R, 1 of --1 KELLEY AND L. SANDERS (OWNERS OF LOT 6R, BLOCK 64 IN THE W.A. ARCHER'S ADDITION) RECOMMENDATION It is recommended that the Mayor be authorized to accept and execute the Drainage Channel Maintenance Agreement with R. Kelley and L. Sanders. BACKGROUND R. Kelley and L. Sanders owners of Lot 6R, Block' 64 in the W. A. Archer' s Addition propose to enter into a Drainage Channel Maintenance Agreement with the City of Fort Worth for a drainageway at their west property line. The channel is more fully identified in attached Exhibit "A". FINANCING: The Channel Maintenance Agreement will be granted to the City of Fort Worth for the consideration of $1.00. Funds are available in General Fund Account No. 20-20-01, Index Code 230953 to make payment to R. Kelley and L. Sanders. DAI :dg Attachment SUBMITTED FOR 1��, CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY:. ❑ APPROVED ORIGINATING L OTHER (DESCRIBE) DEPARTMENT HEAD: Gary Santerre CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: Drolet 7 908 1 DATE