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HomeMy WebLinkAboutContract 16366 MTY J' � CITY SECRJIJA PEED �® 'f'' < �! DRAINAGE CHANNEL MAINTENANCE AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF TARRANT WHEREAS, Overton West Addition, an Addition to the City of Fort Worth, Tarrant County, Texas; and WHEREAS, Fulton & Mizell Surveyors, Inc., 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 across Lots 3, 4, & 5, Block E, of said Overton West Addition to the City of Fort Worth, 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, J. H. Crain, DDS, MS, Inc., of Tarrant County, Texas, being the owner of Lots 3, 4 & 5, Block E, Overton West Addition, an 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 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 J. H. Crain, DDS, MS, Inc., and all future owners of the following described real property situated in Fort Worth, Tarrant County, Texas: Being 1.581 acres situated in the J. HOWARD SURVEY, Abst. No. 693, City of Fort Worth, Tarrant County, Texas, and being that certain tract of land conveyed to J. H. Crain, DDS, MS, Inc., by Deed as described in Volume 5681 , Page 101 , Deed Records, Tarrant County, Texas, and also being more Prepared fox V SEN� 1 I i particularly described by metes and bounds as follows: Beginning at 1/2" iron at the northwest corner of said Crain tract, said point being at the intersection of the east line of Hulen Street (a 120 foot R.O.W.) and the south line of Westdale Drive (a 60 foot R.O.W.); THENCE N 86 degrees 24' E, along the south line of said Westdale Drive, 236.80 feet to al/2" iron; THENCE, S 89 degrees 58' E, continuing along the south line of said Westdale Drive, 3.61 feet to a 1/2" iron at the northwest corner of Block 69, WESTCLIFF, an addition to the City of Fort Worth, Tarrant County, Texas, as recorded in Volume 338-27, Page 157, Tarrant County Plat Records; THENCE S 00 degrees 09' W, along the west line of said Block 69, a distance of 306.20 feet to a 5/8" iron at the northeast corner of Lot 2, Block E, OVERTON WEST ADDITION, an addition to the City of Fort Worth, Tarrant County Plat Records; THENCE N 82 degrees 40' W, along the north line of said Lot 2, a distance of 257.30 feet to a 5/8" iron in the east line of said Hulen Street, said point being the beginning of a non-tangent curve to the left whose radius is 928.18 feet and whose long chord bears N 05 degrees 27' 20" E, 166.30 feet; THENCE, along the -east line of said Hulen Street and along said curve, in a northerly direction, through a central angle of 10 degrees 16' 46", a distance of 166.53 feet to a 1/2" iron at the end of said curve, THENCE N 00 degrees 09' E, continuing along the east line of said Hulen Street, 92.94 feet to the POINT OF BEGINNING and continuing 1.581 acres (68,874 square feet of land) to be known as: Lots 3, 4, and 5, Block E OVERTON WEST ADDITION City of Fort Worth Tarrant County, Texas 2 1. Developer covenants and agrees to maintain at all times the bed and banks of the drainage channel in the drainage easement i 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, the City of Fort Worth shall, at its option, have the right 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 Overton West 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 to perform any of its duties or obligations hereunder. r 3 3. Developer covenants and agrees that no habitable building shall be erected within the drainage easement outlined on Exhibit "A", except to the extent permitted under that certain Covenant i and Agreement dated September 29, 1986 , between the City of Fort Worth and J. H. Crain, DDS, MS, Inc., 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 1 foot above the maximum depth of water in the drainage channel which would occur during 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 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 j f 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 jconveyance made pursuant thereto shall be void. i 4 i i 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 attached II Exhibit "A", and hereby incorporated herein by reference for all I purposes. EXECUTED THIS 29th DAY OF September A.D., 19 86 i J. H. Crain, DDS, MS, Inc. ATTEST: By: AMP. 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 J. H. Crain, known to me to be the person whose name is subscribed to the foregoing instrument and acknowleded to me that the same is the act of J. H. Crain, and that he executed the same as the act of J. H. Crain 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. GIVE UNDER MY HAND AND SEAL OF OFFICE this the 29th day of September 19 86 . Notary Pu lic in Ad for the State of Texas My commission expires: 4/21/87 5 �+....�L/„� I /�, �e/'� h ,. JJ'c`REST.FiGY70.C✓�/Ol"i_�. 7J'�• 'VOSg2'Fi o�6,?666so.J'6' � /-s/8•;•eo,4/ I' Do v'y. - - ' SUO 27 L 017 � 9p6�sDi m�i m -p 00..? A QN • 6 i Z coJ Ott„m !J 0 CITY Y S EG R AP4YCITY SECR-/171 DEED RO., _�2 COVENANT AND AGREEMENT CONTRACT rqq . J. H. Crain, DDS, MS, Inc., a corporation, acting by and through J. H. Crain, its president, is the Owner of certain real property located in the City of Fort Worth, State of Texas, being legally described as Lots 3, 4 & 5, Block E, Overton West Addition to the City of Fort Worth, Tarrant County, Addition, an Addit y Y Texas, as described in Volume 5681 , Page 101 Deed Records of Tarrant County, Texas. WHEREAS, J. H. Crain, DDS, MS, Inc., has acquired the real property described above subject to certain drainage easements I owned by the City of Fort Worth, which are also described in said Volume5681 , Page 101 Deed Records, Tarrant County, Texas. J. H. Crain, DDS, MS, Inc. intends to erect certain permanent improvements upon and over that certain drainage easement described in Exhibit "X" hereto and incorporated by reference herein, said drainage easement being owned by the City of Fort Worth and containing an existing open channel which traverses the property described above; NOW, THEREFORE, J. H. Crain, DDS, MS, Inc. or and in consideration of the mututal covenants and conditions contained , herein, hereby agrees to submit to the Director of the Department of Transportation and Public Works of the City of Fort Worth for approval, all building foundation plans of any and all permanent improvements which J. H. Crain, DDS, MS, Inc. proposes to construct in, upon, or over the drainage easement, prior to the commencement of any such construction. Any alterations to the building which are purely cosmetic or only relate to the interior of the building will not require approval by the City. The approval by the Director of Transportation and Public Works shall not constitute any assumption of liability by the City for any defects, • omissions or failures of design, construction or planning related to the permanent improvements described herein, and J. H. Crain, DDS, MS, Inc. shall indemnify the City therefore in accordance with the indemnity provisions contained herein. FZHP-11A R'11.10.410 4177 1 Aq' �S9 U7rETyAn IRpg�d 1 ��e V�YJi e'J N X�q u�l6u J. H. Crain, DDS, MS, Inc. further agrees to assume all responsibility for maintenance of any storm drainage pipes, lines or facilities now existing or henceforth placed within the drainage easement. J. H. Crain, DDS, MS, Inc. also agrees to maintain said facilities in a manner consistent with the standards according to which the City maintains like facilities and in accordance with the ordinances and policies of the City of Fort Worth, it being expressly agreed by the parties hereto that the Director of the Transportation and Public Works Department of the City of Fort Worth shall have sole and final authority for judging whether such maintenance is adequate to safeguard the capacity of such facilities for conveying storm water runoff. J. H. Crain, DDS, MS, Inc. will,and hereby agrees to, within sixty (60) days after receipt of written notice from the City, perform the necessary maintenance. If J. H. Crain DDS, MS, Inc. fails at any time to maintain the storm drainage facilities as specified above, the City retains the right to perform the necessary maintenance and J. H. Crain DDS, MS, Inc. agrees to reimburse the City for the cost of said maintenance, and the City shall have a lien on the real property described herein to secure the required reimbursement. J. H. Crain, DDS, MS, Inc. further agrees that in the event it becomes necessary for the City of Fort Worth to repair or replace the improvements, J. H. Crain shall pay all reasonable costs for the demolition, protection, relocation, rebuilding, or construction of any of its property. J. H. Crain, DDS, MS, Inc. its successors and assigns, hereby expressly waives any claim for damages, destruction or demolition of such structures as reasonably necessary to maintain the storm drain facilities or drainage channel and further agrees to hold the City harmless from any claims for such damages, destruction, or demolition, excepting that this indemnification shall not apply to the negligent acts of the City, its employees, officers and agents. 2 i �I Notwithstanding the foregoing provisions, J. H. Crain, DDS, MS, Inc. shall at all times have the option to relocate all or part of the building according to plans and specifications approved by the Director of Transportation and Public Works. It is the intent of this provision that J. H. Crain, DDS, MS, Inc. have this option in order to avoid the expense which it might otherwise incur by being required to repair or replace that portion of the storm drainage facilities which will lie beneath the improvements proposed to be constructed by J. H. Crain, DDS, MS, Inc. on the property. J. H. Crain, DDS, MS, Inc. further agrees to and does hereby idemnify, hold harmless and defend the City of Fort Worth, Texas, its officers, agents and employees, from and against any and all claims or suits for damage, liability, expense or loss which may be sustained by J. H. Crain, DDS, MS, Inc. or its agents, employees or invitees, or to any permanent or temporary improvements, to improvements under construction or to the contents therein, at any time said improvements or contents of same are located over or adjacent to such drainage easement, whether or not such liability, expense, loss or damage results from any structural failure of such improvements, or from flooding or rising water, and from and against any and all claims or causes of action of any nature whatsoever, whether real or asserted, for personal injuries (including death) or property damage arising out of or caused by the design or construction of the storm drain or of any building or structure adjacent to or over the storm drain. J. H. Crain, DDS, MS, Inc. agrees to provide the City with a Certificate of Insurance as proof that it has secured and paid for a policy of Public Liability Insurance covering all public risks related in any way to the permanent improvements or their use as described herein. At present, the amount of such insurance shall be as follows: i 3 Property Damage $100,000 Personal Injury or Death, Per Accident $300,000 J. H. Crain, DDS, MS, Inc. agrees that such insurance amounts may be revised upward, and it shall revise such amounts within thirty (30) days after receipt of written notice from the �I City. This covenant and agreement shall run with the land and shall be binding upon J. H. Crain, DDS, MS,. Inc., its successors and assigns, and shall continue in effect so long as any building or improvement shall remain in, on, over or within said drainage easements or until expressly released by proper authority of the City of Fort Worth, Texas. DATED this of ,19 C-y!::' J.H. Crain, DDS, MS, Inc. By: ACCEPTED AND APPROVED this day of --'19() 0 ATTEST: CITY OF FORT WORTH, TEXAS City Secr Lary ity Manager APPROVED AS TO FORM AND LEGALITY: 43ui& 4 ity Attorney -- — /I- .s=$? Date 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 J. H. Crain DDS, MS, Inc., known to me to be the person and officer whose 4 name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said Corporation, and that he executed the same as the act of said Corporation, and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 29th day of September 19 86 j i Notary Pub Mc in and for the State of Texas My Commission Expires: 4/21/87 L DEED TRANSACTION AUTHORIZED r i_'6 DATE 5 all �TT '�_„'�!ci` I � .. •SEC° t�E3r.E�/CT70.CJ�C/OrE'____ j 70 vaa62�,p�9zB P66�o./�� ` /'S/8•�eo�,� - I .d m OD 0 a y��1FQCc� i6k. --- - -- — -------- --— ____--`s-- lu Pu tA o v..•.r`.. '11 c� ti ° I rm \ r _-�._ � ,.__ /020' —._.—. _._.-----._...� ^—.__----r'�'-:��I•'�, �` . ---- --•----� --_.vS GiS�-09_.•'x/__. 3CJ6 F°?� � �•' zinc..yee-�� h.•.[1'' p .° is7 I ``•`�� . tub N' S w�wa+a 6 "7ity of Fort Worth) "rexas Mayor and Council Communication DATE REFERENCE SUBJECT: PAGE NUMBER COVENANT AND AGREEMENT AND DRAIN- AGE CHANNEL MAINTENANCE AGREEMENT/ 3-1-88 **L-9406 nl/FPTnN WE-S"DDITION, BLOCK E, LOTS 3, 4 AND 5 Recommendation It is recommended that the City Manager be authorized to accept and execute: 1. A Covenant and Agreement between the City of Fort Worth and J.H. Crain, DDS, MS, Inc. ; and, 2. A Drainage Channel Maintenance Agreement between the City of Fort Worth and J.H. Crain, DDS, MS, Inc. Discussion J. H. Crain, DDS, MS, Inc. , owner of Lots 3, 4 and 5, Block E, Overton West Addition, proposes to enter into a Covenant and Agreement and a Drainage Channel Maintenance Agreement for a channel which traverses the property whereby they will accept the responsibility for maintenance of the channel and will indemnify the City against damages to the improvements. The Departments of Law and Transportation and Public Works have reviewed these agreements and approved same as to legality and maintenance requirements of the City of Fort Worth. Financing This Drainage Channel Maintenance Agreement and Covenant and Agreement will be conveyed to the City of Fort Worth for a consideration of $1.00 each. Funds are available in Account No. 90-095104-00, Index Code 699900. DAI :wt SUBMITTED FOR IHL CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: David Ivory ❑ APPROVED ORIGINATING E:� OTHER (DESCRIBE) P DEPAIRTMENT HEAD: Michael E. Pyles igg CITY SECRETARY FO I OR NTACT ADDITIONAL INFORMATION Michael E. Pyles 8362 DATE C