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Home My WebLink AboutContract 15498 / CITY SECRET u CyTY CONTRACT ) onazNAmE CaammEc maz0co0nmoo amaoEaEm STATE or TEXAS ) KNOW ALL MEN or oeooE enoaEmTa THAT: 000mrY or rAnaAmr > the owner of WHEREAS,/BLOCK L, LOTS 32 comn 26, uoczmmcom � uozsoca Wuoz mo. 2, an Addition to the City of Fort Worth, des' e to plat said area; ' Tarrant County, Texas,/ any,� ' Woouoao, L.B. MArFzELD has prepared and submitted a plat of said area to the City of Fort nmztb 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 360 feet, 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 coonEzouE, oaRza coaPe8Lo, of Tarrant County, Texas, being the owner of' BL0Co L, LOTS 22. wouO 26, Anczmnrom uozoaca mooT mo. 2 aoozrzom to the City of Fort Worth, Tarrant County, Texas, hereinafter called "Developer", ONE DOLLAR <$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 bare4% 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 laud and be binding upon onozo coaprocL, and all future owners of the following described real property situated in Fort wmztb' Tarrant County, Texas: aor8 32 ruoo 20, BLOCK L, Aoczmorn0 oozeoca woaT mo. Z, an Addition to the City or Fort north, Tarrant County, Texas. PAGE l or 5 �� [' mx a � 9� ��ww�* 1. 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 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 ARLINGTON HEIGHTS WEST NO. 2, BLOCK L, LOTS 22 THRU 26, 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 PAGE 2 OF S 10L.8'7'7 6 PG. 15 9 6 ` i 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(s) of the channel, and (3) any failure of the channel or its bank(s) to operate in a manner consistent with City of Fort Worth or failure of Developer criteria/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 one foot 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 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, PAGE 3 OF 5 JOL.8776 Pf. 159'7 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 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 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 16 DAY OF A.D., 1986. By: dk4zu Chris Chappell ATTEST: By PAGE 4 OF 5 10L. 8776 PG. 1598 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned a Notary Public in and for said County and State, on this day personally appeared CHRIS CHAPPELL, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that the same is the act of cz.(4j?p and that he' executed the same as the act of 1:fH-PL* CH,6b(5C-4( for the purposes and consideration therein expressed, and in the capacity therein stated; and that first being by me duly sworn, upon his oath stated that the statements and certifications contained in the foregoing waiver are true and correct. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 1986. 11-ZP Notary Public in and for J! the State of Texas CM, APPROVED AS TO FORM AND LEGALITY I City Attorney PAGE 5 OF 5 40L.8776" P6. 1599 i I I I� EXHIBIT "An I Vol. 388-P, Page 76 4r ' + Ar it Is if ccpp� .� yy Y r ` r 4r '4 4 a r ft ip r 4 !t'� •� 4 r.•'a J ~fir y"�\' tt°. .Z ,V + •// � :•� ° ; �� o JOI. x'77 6 PG. 1600 i I I i PROVISIONS CONTAINED IN ANY DOCUMENT WHICH RESTRICT HE REAL PROPERTY DES THEREIN BECAUSE OF THE SALE, RENTAL, OR USE OF T FEDERAL LAW AND RACE OR COLOR ARE INVALID UNDER ANY ARE UNEI�IFpPCE ANY PROVISION HEREIN Ur;. ABLE. Ott USE OF TN,E ESGRIBEO 1! H Rc`"r mot. T,.E S.;i , n 4 O^RACE►S tNVALtO R':AL r NO �, r;r-plTjf., LAW. AND UI.IEPdFO2CEA3LEY��U'L/dE OF:•ODOR UNDER FE"ElUL OO23. �1 O H t0 c+ ct n H O F4 io o zao a m w o cn -s x o -s w O hC'?.b w o N(D = m :�C • 2 (CD 01 a C (LO CD Q O W CL ti ago Hw 1-4 Cl o . AO N w F n J m OH O N A= G? H I ID _ m 00 `C+ H �n m h C+ N (D y t 0 in n C fD c+ COVNn OF STATE OF TARRq ' i hereb TEAS NECO pE0 t teet'.that this In in the VDlumaamped hereo meat Fyas DI Tarrant CDUna�T as asdsPa�Ped the 11 *N 00h4t hl '7 '.._ d D by abOrifsr 'l?:l ,�yQbt oe iAetr, EC 10 1986 tb 0t 0 =� a o CotIMY CL RANT CP OU a�i. 7 1 City of Fort Worth, Eexas Mayor and Council Communication DATE REFERENCE S111E NUMBER cDrai nage Channel Maintenance PAGE 11/25/86 **C-9990 Agreement between the City of 1 of—.--I Fort Worth and Chris Chappell RECOMMENDATION: It is recommended that the Mayor be authorized to accept and execute a drainage channel maintenance agreement between the City of Fort Worth and Chris Chappell . ell . BACKGROUND: Chris Chappell , owner of Lots 22 through 26, Arlington Heights No, 2 Addition, proposes to enter into a maintenance agreement for a drainage channel which is adjacent to his lots whereby he will accept the responsibility for the maintenance of the channel . FINANCING:- The maintenance agreement will be conveyed to the City of Fort Worth for the consideration of $1 .00. Funds are available in the General Fund Account No. 20-20-01 , Index Code 230953 for payment to Chris Chappell . DAI/sfq APPROVED By T Y C 0 U,IIp City Secretary of the clt'l of Fort Worth, T,,,a SUBMITTED FOR IHt CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: [I APPROVED ORIGINATING E: OTHER (DESCRIBE) DEPARTMENT HEAD: Mike Pyles CITY SECRETARY FOR ADDITIONAL INFORMAT§.N CONTACT: Bari lich7623 DATE