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Home My WebLink AboutContract 16959 \ SECqETAj;;$ 4 STD-MA-1 D. CITY SECRETARY CONTRACT 5 DRAINAGE CHANNEL MAINTENANCE AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF TARRANT § WHEREAS, Block 1-R, Lasko Industrial Addition an addition to the City of Fort Worth, Tarrant County, Texas; and, WHEREAS, Lasko Metal Products, Inc. has prepared and submitted a plat of said area to the City of Fort Worth for its approval prig QIsuch3 plat being recorded in the office of the County Clerk of Tarrant County, 'TeX.as,lan`d;by vir- tue of such plat, Developer proposes to dedicate to thg C�t�ia.dofF;oi't W6kh a drainage easement which extends channel facilities , a. , is,, sRwn as th ' area outlined on the attached diagram, which is marked Exhibits ".Ft".:,;.and,;,,heri'b' incor- porated herein by reference for all purposes; and, f� NOW THEREFORE, Lasko Metal Products, Inc. , of Tarrant County, Texas, being the owner of Block 1-R, Industrial 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 with the public and the City of Fort Worth, such convenants to constitute a ser- vitude upon and to run with the land and be binding upon Block 1-R, Lasko Industrial Addition, and all future owners of the following described real property situated in Fort Worth, Tarrant county, Texas: ]DEED TRANSACTION AUTHORIZED AT I, 09502 14 50 STD-MA-2 Developer convenants and agrees to maintain at all ti i , Wdaln�'<' banks of the drainage channel in the drainage easement outlined aetac, , Exhibit "A" in accordance with the current standards then in for nd �, ect in the City of Fort Worth. In the event Developer fails or refuses �ect� 4E deficiencies or to make any improvements in the bed and banks of the rainage 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 chan- nels 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 Block 1-R, Lasko Industrial 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 reim- bursement 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 iden- tifying the property to be charged with such lien, stating the amount thereof, and making reference to this agreement. 2. Developer convenants and agrees and does hereby indemnify, hold harmless and defend the City of Fort Worth, its agents, servants and employees -2- on 93 7 ` ~ . - ' ' ' STD-MA-3 from and against all costs, 8Xp8DS8S, l05S8S, dD0Dg83, claims Or causes Of action Nhat3D8V8r arising, Or which might arise, from the failure of developer Or any TUzUr2 owners OT the doOVe oSsCrlo8o property to maintain the bed and banks Of the drainage channel in accordance herewith, damages C8Us8d to person or property due to (I) flooding Of th banks, (2) slope failure Of the bank Of the channel , and (3) t he ChDO0Rl and its bank to operate in d 0dOO8r cOOSiStaDt with Ci 'Y;rt Wort o criteria to perform any of its duties Or obligations hereunder. .. D8V8]Op8r ConY8DantS and agrees that DO habitable building shall be erected within the drainage easement outlined OO Exhibit wAn, but this paragraph shall not preclude construction Of Other i0pr0V808ntS within the drainage which do not impede drainage. 4. Developer CODV8DQ0tS and agrees that no habitable building shall be erected OO the above described property abutting such 8dS80ent which shall have a finished floor at an 87eVat1OO not l8SS than 1 Db0V8 the maximum depth of water in the drainage channel which would occur during a one hundred 100 ) year frequency flood. ~~ Developer agrees that the above described real property abutting the drd1ODg8 channel will not be subdivided into smaller parcels Or tracts UOlBSS _3_ U I U. ZIU STD-MA-4 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 impro- vements and indemnifying the City of Fort Worth, its agents, servants and employees from and against all cost, expenses, losses, damages, of the drainage channel in accordance herewith, or to perform ofd es tive duties and obligations hereunder. It is further agreed a m '�i� p t developer to subdivide said real property without first c jngierewith any purported conveyance made pursuant thereto shall be void. The above convenants 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 referenced for all purposes. EXECUTED THIS_ DAY OF o e. Q ti �' A.D. , 19 75- <Z Lasko Metal Products, Inc. ATTE:ST -4- •MEACHAM BLVD. P.O.B \\ / _ W E S. Rw011.LOC)7/0R Z-K-WS ( 1 srr.�.0 wxs vOl.z»a,PC.as7 i' ( "`•`• ,;~ •. - NO 'SCALE ?HADLEY. � t 1` BLOCK 2 R 2422 rc.!aa 1.931. aC S<Glwty C/T7 LWIT+ ^•'' c i�p Xa .~..4/•173.7 \" 6..r26'Sa- : '' L•+zsas ,nbs9:<s r 9:p se9•.t'Q-c\ .f --�--.in------.c F. 6 O.G R.R. �— �� O :•+oRT1/ c1TT UNITS t .L,1•.1.3Q_f sso_.sx b' n' -P 1 P.O.B. ' , Cr UTM.�SUT. f J R-111.91 V A.33-00,42- l•3x.7a c R-s71.1G' �• f ` ��.—� R v L•Sa9.lt 111•.:T 7.o w37bs'u'[ O )LA AVE. ;✓ _�-•.1`ts = g: s.o• \� t°y t� IL A I ' 7s t t r.: 1 � 1�, .�- •• �� •.�N••..{♦anl a u•.-t1N. '� _ .. 1 'T;�:.] �\ < ' _..��•o•��7�».� i I� .. r a seri9 C I°no DE BIDDER AVE. IV,I of .2w 17 1 H' 4.19 i 2a • i 20 i �-.-_+t SI i -. Wit'« '` 9.130 �r� 4•.I L • ? L•S 3.03 _206.20 _ • • W ' 1-3) E i i t (C •- .. �gJlll ts-T. t 22 i 1— �' •z +ta 1t L_�_�.J•� 07.7 � � • �' � ,� ..33 w712 1.43y'. 312.7 . GORDON,: S. SIFT [DWN.aNO. 2 BY M HR CONSULTING ENGINEER, INC. , TE JU 900 MONROE STREET FILE NO- $HT.NO: FORT WORTH, TEXAS, 78102 of FORT. WORTH, TARRANT COUNTY, ` TEXAS 817-33S-8484 TELEDYNE POST N70115 D 1890 X31 C:TTY OF FO RT W RTH 1REAL. PROPERTY MAKIAGEMENT .1,000 'I'Hr Ot:"r<:Il0R"ror`J FT WORTH, `iX. - 6102 W A R N T 1\1 G '1"HTS� TS PART OF THE OF'F:l:t::TAL f:'f:CORD ..... D t:) N Cr E T L E U -- T A R R A i d "r C O U t••t T Y T l.1 ;' A N IV E H t Itil C') E F� s� [) P,i .......... i.r.iI_�P.I"i"Y i"'.1".E' `) O E F= T C T A I... R E C. F T P °r T t:l: CITY Ow f~0RT, WC',R"I"H ._ RECEIPT NO REGISTER PRTNTED DATE TTME C)1),*-')4.^l 8 L.i r<92 .... TNS'TRL_iMENT hEEC_D AMOUNT ETt F."I.) Tl11E 1. . ;... 89:1. Wl:7 11 0I"1 8 4a i:7;?0A :l.:>: 4. C:K -T o "r A L_ DOCUMENTS : 01. F E E S: 11. 00 F?, Y r r ANY PROVTSTON WFiTCH RESTRICTS THE SALE RE.NI-At.. OR I..ISE CiE "t'HE CiF' i;I 1''r. F:i':', r:F AI_ F'RC:�i Er I r t�Et.�,I1<:;E"' i:'�F i"i°t 1. C,R C)F R, i":.L TS ll\!VAL"CC::, UNFORC'.EAI LF" llr,il":,ER F-h'::C)k::fr.A1... L..f>,W. : .: Ll 0 City of Fort Worth, Texas Mayor and Council Comm uemcanon DATE REFERENCE SUBJECT: DRAINAGE CHANNEL MAINTENANCE PAGE NUMBER 1-17-89 **L-9648 AGREEMENT, BLOCK 1-R, LASKO TWIP-MIA1 ADDITION RECOMMENDATION: It is recommended that the City Manager be authorized to accept a drainage channel maintenance agreement between the City of Fort Worth and Lasko Metal Products, Inc. DISCUSSION: Lasko Metal Products, Inc. , as Developer, proposes to dedicate to the City of Fort Worth and to accept the responsibility for maintenance of an easement which will extend channel facilities within Block 1-R , Lasko Industrial Addition. This property is located south of Meacham Boulevard, east of Blue Mound Road and adjacent to and west of the Fort Worth and Denver Railroad. 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. 90-095105-00, Index Code 699900. LAND AGENT: Jerry Chalker SUBMITTED FOR 111t CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY: David Ivory ❑ APPROVED ORIGINATING ❑ OTHER (DESCRIBE) DEPARTMENT HEAD: Michael E. Pyles JC CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT: Michael E. Pyles 8362 DATE