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Home My WebLink AboutContract 13626 CITY SECRETARY 1011r CONTRACT Igo STATE OF TEXAS COUNTY OF TARRANT 9.00 W D 20(0 355744 COVENANT AND AGREEMENT REGARDING STORM DRAIN BOBBY G. WHITEHEAD and KAYE E. WHITEHEAD hereby certify that they are the owners of certain real property located in the City of Fort Worth , State of Texas, said property being legally described as Lots 19 thru 28 and parts of Lots 11 , 12 and 13, Block 143, Chamberlin Arlington Heights Addition, First Filing, an Addition to the City of Fort Worth, Tarrant County, Texas, as described in Volume 63, Page 21, Deed Records of Tarrant County, Texas. WHEREAS, BOBBY G. WHITEHEAD and KAYE E. WHITEHEAD have acquired the real property described above subject to certain storm drainage easements , and BOBBY G. WHITEHEAD and KAYE E. WHITEHEAD intend to erect certain permanent improvements upon the real property described above within a drainage easement; and WHEREAS , BOBBY G. WHITEHEAD and KAYE E. WHITEHEAD propose to construct a building over an existing 42-inch storm drain, which traverses the property described above; NOW, THEREFORE, BOBBY G. WHITEHEAD and KAYE E. WHITEHEAD acting herein in their individual capacities and in consideration of the mutual covenants and conditions contained herein, hereby agree 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 permanent improvements which submittal they have done and which plans were approved by the City of Fort Worth on --F�8 f5 , 199-.? Likewise , they agree to submit to said Director for approval all building foundation plans of permanent improvements other than or in addition to those approved on FF-9 /5 , /99,3......, which they or their heirs, successors or assigns proposes to construct in or adjacent to the area of the storm drain and the associated easements , and not to commence any such construction without the approval of said Director of the Department Address of Grantee: VL 7852 ftrF 207 REAL PROPERTY DIVISION CITY OF FLIRT WORTH 1000 THROUKMORTON FORT WORTH, TEXAS 76102 of Transportation and Public works. Any alterations to the building which are purely cosmetic or only relate to the interior of the building will not require said approval. The aforedescribed approval by the Director of Transportation and Public Works shall not constitute any assumption of liability or any waiver of any of the terms hereof by said Director. BOBBY G. WHITEHEAD'and KAYE E. WHITEHEAD further agree to assume all responsibility for maintenance of the storm drainage facilities under the improvements proposed to be placed or henceforth placed within the drainage easement. Further BOBBY G. WHITEHEAD and KAYE E. WHITEHEAD or their heirs , successors or assigns by these presents, agree to maintain said facilities in a manner consistent with and to the same level of effectiveness that the City maintains like facilities ; 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. BOBBY G. WHITEHEAD and KAYE E. WHITEHEAD further agree to maintain the storm drainage facilities as specified above and as required by the ordinances and policies of the City of Fort Worth. BOBBY G. WHITEHEAD and KAYE E. WHITEHEAD or their heirs, successors or assigns will and hereby agree to, within sixty (60 ) days after receipt of written notice from the City, perform the necessary maintenance. If BOBBY G. WHITEHEAD AND KAYE E. WHITEHEAD or their heirs, successors or assigns fail, at any time, to maintain the storm drain as specified above, the City retains the right to perform the necessary maintenance and BOBBY G. WHITEHEAD and KAYE E. WHITEHEAD and their heirs , successors and assigns agree to reimburse to the City the full reasonable cost of said maintenance. BOBBY G. WHITEHEAD and KAYE E. WHITEHEAD further agree that in the event it becomes necessary for the City of Fort Worth to repair or replace the 42-inch pipe storm drain, they shall pay all reasonable costs for the rebuilding or construction of any of their real improvements on the property. BOBBY G. WHITEHEAD and KAYE E. WHITEHEAD VCL 78521 Wi 208 ............ during all such time said improvements or contents of same are located over or adjacent to such storm drain, whether or not such liability, expense , loss or damage results from any structural failure of such storm drain or real property 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. This covenant and agreement shall run with the land and shall be binding upon BOBBY G. 'WHITEHEAD and KAYE E. WHITEHEAD, their heirs, successors and assigns , and shall continue in effect so long as any building or improvements 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 day of February, 19 ?K:( A � BOBS G. WHITEHEAD KAY 2 E. WHITEHEAD A.,i� and approved this day of fila—ckl-- ppted 19t CITY OF FORT WORTH, TEXAS By A�Ifl s Title: ' ATTEST: -L"1'2()V2D n (""I"py cuwicj'C.' City Secret7ari Pete APPROVED AS TO FORM AND LEGALITY: *"City httoneyA"o BEFORE ME, the undersigned,, a Notary Public in and for said VC L 7852 PACE 209 # County and State , on this day personally appeared BOBBY G. WHITEHEAD and KAYE E. WHITEHEAD, known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that the same was their act and that they executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 19 Notary Public for the State of Texas My Commission Expires:_ BEFORE ME, the undersigned, a Notary Public in and for said �0u-nty and State , on this day personally appeared u' �oD—Ay of THE CITY OF FORT WORTH, a Texas me ru e mdn'i—cip--al corpora-E-1—on, 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 express'ed,, 4nd in the capacity thevein stated. , GIVEN UNDER MY HAND AND SEAL OF OFFICE this the -Z-34d y' cif 19 Notary Public for the St/, f`6 of Texas My commission Expires:_jtLqLj 0 pgf 210 T� i3Vd 2984, `l0A "Y T. m m n M o r n 0 0 d 002 0 rt c5 o o Fd o cn H o `Ct w w n rt PatM o n m z C; w w C rn' to H CL pn CL 2a�4 J" Q i H rb N t'a'i CD H to 1 M ro m w � tlav "tArWINT I hrpr,ay ciitify that thii Instrument was FILED on thtt date and nt the time atGttrpan9 trapgD°t by me and was duly 1?E6 QROLO in th+a vnlefGn said page of they Named Records. al T'atrant County,`taws,as statmp d hereon by ma. JUN 6 19 1 CCUNTY CLERK TARRAHt Qiou"'I , ��a City of Fort Worth., Texas Mayor and Council Communication DATE SUOUECT. Covenant and Agreement with PACE IMMIC Bobby G. And Kaye E. Whitehead 3/13/84 **C-8248 In accordance with standard City policy, the: construction of a building over a storm drain line requires the execution of a Covenant and Agreement, by whicl,k the party constructing a building over the line assumes certain responsibility for the line and idemniffes the City against damages to the building. Bobby G. and Kaye E. Whitehead tiave slened such a (`nvenant and Agreement. Recommendation It is recommended that the City Manager be authorized to execute and accept a "Covenant and Agreement Regarding Storm Drain" with Bobby' G. and Kay 'E. Whitehead. DAI:zdy DIVOOSITION By COUNCIL. PROCESSED OV 43 P SAY Tol" CAI*THE 0 A"OVID 0710E*Y 01111421"ATINQ 0 OTHER(DESCRIOV DEPARYMCST HEAD: Gary L. Santerre Cory SECRETARY let Ext. 7908 DATE