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HomeMy WebLinkAboutContract 16810 CITY SECRET. 0m) DRAINAGE CHANNEL MAINTENANCE AGREEMENT 15.00 W 6 Y THE STATE OF TEXAS § .2000 422127 1 12/21/Ei § KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF TARRANT § 1 WHEREAS, Block 9, South Creek Addition is an Addition to the City of Fort Worth, Tarrant County, Texas; and, I WHEREAS; Pep Boys, Manny, Moe and Jack 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 along the north property line of specifically designated as "92' Drainage and Utility Easement" Block 9, and is shown as the area/outlined on the attached diagram, which is marked Exhibit "B." and hereby incorporated herein by reference for all purposes; NOW THEREFORE, Pep Boys, Manny, Moe and Jack, of Tarrant County, Texas, being the owner of Block 9, South Creek 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 Pep Boys, Manny, Moe and Jack, and all future owners of the following described real property situated in Fort Worth, Tarrant County, Texas: Block 9, South Creek Addition 1. Developer covenants and agrees to maintain at all times the bed and banks of the drainage channel and the drainage structure -1- 09149 1069 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 or the drainage structures which are necessary in the opinion of the City of Fort Worth to bring such drainage channel the drainage structures 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 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 Block 9, South Creek Addition, an Addition to the City of Fort Worth, Tarrant County, Texas, adjacent to and abutting the area in the drainage channel where such war], 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 and the drainage structure 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, or (3) any 09149' 0 7 0 failure of the channel or its bank to operate in a manner consistent with City of Fort Worth criteria or any failure of Developer 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 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 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 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- 0 9 1 E'f,9 1071 ' I the Developer and all subsequent owners of the above described real property abutting the drainage easement outlined on the i i attached Exhibit "A", and hereby incorporated herein by reference for all purposes. \\ EXECUTED THIS 8 DAY OF NA , A. D. , 1919T) .11 i li i u. ATTEST: By 6 Ar ROVED AS 0 FORM AND LEGALITY: i y Attorn y zj ity Manager C •-1090 - `R1� Contract Authorization DEED TRANSACTION AUT,HORJZEp• �l-/a -J() DATE Cit-1�T? Date DATE d STATE OF TEXAS § COUNTY OF TARRANT § I BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared John i Raborn known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this, the _� day of r 199 . 60tary Public 1 and for.. the State of .Texas ni My Commission Expires: , , r STATE OF TEXAS § COUNTY OF TARRANT § `BEFORE ME, the undersigned, a Notary Publi n/jhd for said C y and State, on this day personally appeared , t ntl"_141 , of the City of Fort Worth, a Texas home rule municipa d corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowl- edged 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 corpora- tion 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 19 . �N N ar Publi i an for the St e of Tex f/' My Commission Expires: 1aI 4 �F• TAR d W THOMPSON, st.1 t0 T 1'uhllo � in and lar Iha Stale of Tasaa By 90=18319n Eaplras 10!1&80 091 49 1073 i EXHIBIT "A" DESCRIPTION OF FLOODWAY EASEMENT I BEING a part of Block 9 of SOUTH CREEK ADDITION, an Addition to the City of Fort } Worth, Texas, according to the Plat recorded in Volume 388-157, Page 65-66, in the Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a point for corner in the East line of McCart Street, same being the �i most Westerly Northwest corner of BLOCK 8R, SOUTH CREEK ADDITION, an Addition to I the City of Fort Worth, Texas, according to the Plat recorded in Volume 388-171, at Page 65 in the Plat Records of Tarrant County, Texas; THENCE North 03 degrees 47 minutes 10 seconds West along said East line of McCart Street for a distance of 164.61 feet to a point for corner; THENCE North 01 degrees 02 minutes 55 seconds East along said East line of McCart Street for a distance of 292.25 feet to a point for corner; THENCE South 88 degrees 57 minutes 05 seconds East for a distance of 220.00 feet to a point for corner in the West line of said BLOCK 8R, SOUTH CREEK ADDITION; THENCE South 01 degrees 02 minutes 55 seconds West along said West line of BLOCK 8R, SOUTH CREEK ADDITION for a distance of 92.00 feet to a point for corner; THENCE North 88 degrees 57 minutes 05 seconds West for a distance of 120.00 feet to a point for corner; THENCE South 48 degrees 28 minutes 20 seconds West for a distance of 64.88 feet to a point for corner; THENCE South 06 degrees 07 minutes 09 seconds West for a distance of 157.02 feet to a point for corner; THENCE South 12 degrees 32 minutes 59 seconds East for a distance of 39.84 feet to a point for corner; THENCE South 38 degrees 04 minutes 52 seconds East for a distance of 35.64 feet to a point for corner; THENCE South 16 degrees 59 mintues 29 seconds West for a distance of 101.65 feet to a point for corner; THENCE North 88 degrees 41 minutes 10 seconds West for a distance of 28.41 feet to the POINT OF BEGINNING. CONTAINING 38,316.33 square feet or 0.8796 acres of land. y�?••' '••:� s PREPARED BY: �JgN1ES•DEWEY°* ti... 1641 •• ®q� . ..40:. JA ES D E ISTERE BL C SURVEYOR N 1641 NOTARY PUBLIC C'SU STATE OF TEXAS BEFORE ME, the undersigned, a Notary Public in and for said State on this date personally appeared JAMES DEWEY, known to me personally to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2 1987. o D I R S E OF TEXAS ROBERT E. WHITE B K w CiUMMISSIGN EXPIRES 09149 a 07L� I .. j } BLOCK 11 SOUTH CREEK ADDITIONyo VOL. 3BB-157 PAGE 65-66 S88-57-05E 220.00 EXISTING 92' DRAINAGE $ Lo 60' AND UTILITY EASEMENT Lo 4 N �y O FLOODWAY EASEMENT h- N88-57-05W W re 120.00 3 W %� ro�' to v/0 1 N FI N N O N it z Z � F- BLOCK 9 18�v F a 3 SOUTH CREEK ADDITION o� < a N VOL. 388-157 PAGE 65-66 m a.. U r o ow V) m t gS12-32-59E �i 39.84 S38-04-52E 35.64 N Z I o) h � a N88-41-10W 28.41 BLOCK BR SOUTH CREEK ADDITION VOL 388-171 PAGE 65 EXHIBIT "B" SCALE: 1`=60' DATE: MAY 4. 1987 JGU E 160 -nom -0n = CD C�C-) CS` --{o r-'< v �-j h o 111 _�Ca`ri� c. , co cn Q. ; H m ". Nv o C, o cm-) 0 0 —i n -< w vn �... yRNt SS 30tlN a0 a o o° n 'r o = C Z �-��. e�nHO�N3Nn oNtl air S3 ao _4 83aNn 3� fl12f'J pad '1d113a3d 9 uy3d02ld 1d3�1 a3 N13�3H NOISi� caw 1 �p tan �a 3Sntlo H1 S101N1S3H W30 1O m `D 3 Mtll 3dS3a3� o 0 '3tl1N3� 31VS 13Nn 31�tl ONtl tl03g N13�3N� G, `�s "' 37atla0L�OdP. �tlH a0 3sn '��tlS 1", 00 2,pnon�0 3sn tko'n�.'o0sNO�s�n Cl an oHd Q �3aNn nl �OUdH'I TA 3H1• VIM" p 3a 1N3Wf1p w Goo."�t4LS�MOIHM 0a �Ntl N w ro m CD m CD rl ISO o N h RR QL�l i ti����N���ON�N�� •��t o0 ��• el'6\u0 q�pNpe P `sW eNpgL\,uoeje�P�>>euPy��0 1o�ayPa��g�Ui•0�o���01 S dyap 1� . of Fort Worth, `T -xas Mayor and Council Communication DATE REFERENCE sueJECr: DRAINAGE CHANNEL MAINTENANCE PAGE NUMBER 4-12-88 **C-10904 AGREEMENT/SOUTH CREEK ADDITION, BLOCK 9 lof 1 Recommendation It is recommended that the City Manager be authorized to accept and execute a drainage channel maintenance agreement between the City of Fort Worth and Pep Boys Manny, Moe and Jack of California. Discussion Pep Boys Manny, Moe and Jack of California, owners of Block 9, South Creek Addition, proposes to enter into a drainage channel maintenance agreement adjacent to their property whereby they will accept the responsibility for maintenance of the channel . The Departments of Law and the Department of Transportation and Public Works have reviewed this agreement and approved same as to legality and maintenance requirements, respectively. Financing This Drainage Channel Maintenance Agreement will be conveyed to the City of Fort Worth for a consideration of $1.00. Funds are available in Account No. 90-095104-00, Index Code 699900. DAI:ws SUBMITTED FOR IHL DISPOSITION BY COUNCIL: PROCESSED BY CITY MANAGER'S OFFICE BY: David Ivory ❑ APPROVED ORIGINATING C OTHER (DESCRIBE) DEPARTMENT HEAD: Michael E. Pyles CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: Michael E. Pyles 8362 DATE City of Fort Worth, Eexas Mayor and Council Communication DAT L REFERENCE SUBJECT: DRAINAGE CHANNEL MAINTENANCE PAGE NUMBER 9-15-87 **L-9316 AGREEMENT/SOUTH CREEK ADDITION BLOCK 9 1 of-- .- I Recommendation It is recommended that the City Manager be authorized to accept and execute a drainage channel maintenance agreement between the City of Fort Worth and Pep Boys, Manny, Moe and Jack. Discussion Pep Boys, Manny, Moe and Jack, owners of Block 9, South Creek Addition, proposes to enter into a drainage channel maintenance agreement adjacent to their property whereby they will accept the responsibility for maintenance of the channel . The Department of Law and Transportation and Public Works have reviewed this agreement and approved same as to legality and maintenance requirements of the City of Fort Worth. Financing This Drainage Channel Maintenance agreement will be conveyed to the City of Fort Worth for a consideration of $1.00. Funds are available in Account No. 90-095103-00, Index Code 699900. DAI:ws SU BMTTFD FUR I C,r I MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: APPROVED ORIGINATING OTHER (DESCRIBE) DEPARTMENT HEAD: Pyles fs CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: Michael E. Pyles 8362 DATE