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HomeMy WebLinkAboutContract 15662 COVENANT AND AGREEMENT CITY SECRETARY, CAW , , Burk Collins Investments, a sole proprietorship, acting by and through Burk Collins, is the owner of certain real property located in the City of Fort Worth, State of Texas, being legally described as Z . Boaz Country Place, an addition to the City of Fort Worth, Tarrant County, Texas, as described in Volume 388-101, Page 1.9, Deed Records of Tarrant County, Texas (hereinafter referred to as the "Property" ) . WHEREAS, Burk Collins Investments has acquired the Property subject to certain drainage easements owned by the City of Fort Florth, which are described in Volume 4376, Page 715, Deed Records, Tarrant County, Texas. Burk Collins Investments intends to erect certain permanent or temporary improvements in, of, over or adjacent to that certain drainage easement described in Exhibit "X" hereto and incorporated by reference herein (being hereinafter referred to as the "drainage easement" ) , said drainage easement being owned by the City of Fort Worth and containing an existing 36" Storm Drain which traverses the property described above; NOW, THEREFORE, Burk Collins Investments, for and in considera- tion of the mutual. covenants and agreements 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 for any and all permanent or temporary improvements which Burk Collins Investments proposes to construct in, on, over or adjacent to the drainage easement, prior to the commencement of any such construction. Any alterations to any improvements which are purely cosmetic or only relate to the interior of the building will not require approval by the City. The approval by the City' s Director of Transportation and Public Works shall not constitute any assumption of liability by City for any defects, omissions or failures of design, construction or planning related to any such permanent or temporary improvements, and responsibility for such defects, omissions or failures shall be solely that of Burk Collins Investments, and said Burk Collins -1- Investments shall indemnify and hold City harmless therefor in accordance with the terms of this covenant and agreement. The City shall not be liable for any flooding , runoff, water pending, or other problems created by, resulting from, or related to, either directly or indirectly, the design, construction, or planning related to such permanent or temporary improvements and Burk Collins Investments shall indemnify and hold City harmless therefor in accordance with the terms of this covenant and agreement . Burk Collins Investments further agrees to assume all responsibility for maintenance of any storm drainage pipes, lines or facilities now existing or henceforth placed by any party within the drainage easement. Burk Collins Investments also agrees to maintain said facilities in a manner consistent with the standards by which the City maintains like facilities and in accordance with the ordinances, rules, regulations 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 and discretion for judging whether such maintenance is adequate to safeguard the capacity of such facilities for conveying storm water runoff. Burk Collins Investments will, and hereby agrees to perform, within sixty (60) days after receipt of written notice from the City, any necessary maintenance required hereunder. If Burk Collins Investments fails to maintain the storm drainage facilities as required herein, the City retains the right to perform the necessary maintenance, and Burk Collins Investments agrees to reimburse City for the cost of said maintenance, and City shall have a lien on the Property to secure the required reimbursement. Burk Collins Investments further agrees that, in the event it becomes necessary for the City of Fort Worth to repair or replace the 36" Storm Drain, Burk Collins Investments shall pay all reasonable costs for the demolition, protection, relocation, rebuilding or construction of any of its real or personal property necessitated by or resulting from said repair or replacement. Burk -2- Collins Investments hereby expressly waives any claim for damages or destruction resulting from or related to, directly or proximately, the demolition protection, relocation, rebuilding or construction of its real or personal property reasonably necessary to maintain the storm drain or drainage channel and further agrees to indemnify and hold the City harmless from any claims for such damage or destruction, excepting that this waiver and indemnification shall not apply to the negligent acts of the City, its employees, officers and agents. Notwithstanding the foregoing provisions, Burk Collins Investments shall at all times have the option to relocate, at its sole expense, all or part of the storm drain system according to plans and specifications which have been pre-approved by the City' s Director of Transportation and Public Works. It is the intent of this provision that Burk Collins Investments have this option in order to avoid the expense which it would otherwise incur by being required to repair or replace that portion of the storm drain system lying beneath any permanent or temporary improvements in, on, over or adjacent to the drainage easement. Burk Collins Investments further agrees to and does hereby indemnify, hold harmless and defend the City of Fort Worth, Texas, its officers, agents, servants, employees, and other representatives from and against any and all claims or suits for damage, liability, expense or loss which may be sustained by Burk Collins Investments, its agents, servants, employees, or other representatives, as well as its licensees, invitees, or any third party, to permanent or temporary improvements, to improvements under construction, or to the contents thereof, at any time said improvements or the contents of same are located in, on, 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, rising, or pending water. In addition, Burk Collins Investments agrees to and does hereby indemnify, hold harmless and defend the City of Fort Worth, Texas its officers, agents, servants, employers and other representatives 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 -3- arising out of or caused by, either directly or proximately!, the dosign, planning, construction, or existence of the storm drain its Eacilities, or any permanent or temporary improvements in, on, over, or adjacent to the drainage easement. Burk Collins Investments agrees to provide City with a certiEicate of insurance as proof that it has secured and paid for a oolicy of public liability insurance in the following amounts: Property Damage $100,000 Personal Injury or Death, Per Accident $300,000 Burk Collins Investments, agrees that such insurance amounts may be ravised upward at any time upon thirty (30) days written notice from City. Burk Collins Investments liabilities or responsibilities specified in this covenant and agreement shall not be limited in amount to the insurance coverage required hereunder. This covenant and agreement shall run with the land and shall be binding upon Burk Collins Investments, its successors and assigns, and shall continue in effect so long as any permanent or temporary improvements shall remain in, on, over or adjacent to said drainage easement or until expressly released by proper authority of the City of Fort Worth, Texas. DATED this G day of /' . ` , 19er By ACCEPTED AND APPROVED this day ofIf !; ' , 19 ATTES CITY FORT WORTH, TEXAS -- By: - r r ity Sec tary ity Manager APPR VED AS T FORM AND LEGALITY: , y — ty ttorney Date (I ACCEPTED AND APPROVED this -3V day of fj7t._.. , 19 d . Contract Auti Ariz ,tion d Date -4- ^ azxzE or TEXAS � coomzz OF zuRaumc � u:F0ao ME, the undersigned authority, a Notary eohIic in and � for the State of Texas, on this day personally appoored , known to me to be the person whose oomo is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein exgccased' ozvam nmoEo wr oamo AND oEuz OF bi the day of , 196`� . ' � m � Public u and for _ ~ o�at e/�`f Texas My Commission Expires; STATE OF TEXAS § c0omrr OF raRnAwr § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared , of the City of Fort Worth, a Texas home rule municipal corporation, known to me to be the person and officer whose uemo 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 be executed the same as the act of said municipal corpora- tion for the purposes and consideration therein expressed and in the capacity therein stated. szvuN oNoua MY HAND AND eoAz Or OFFICE this, the day of �� �/ , 19_�/�_. No ry Public in and fo-1- nthe State of Texas My Commission Expires: - ' - ' STATE'OF TEXAS § -- COUNTY OF TARRANT § DRAINAGE EASEMENT That we, Burk Collins Investments of Tarrant County,Texas, for and In consideration of One Dollar($1.00)and other valuable consideration paid by the City of Fort Worth, a municipal corporation of Tarrant County, Texas, receipt of which is hereby acknowledged, do grant, bargain and convey to said City, Its successors and assigns, the use and passage in and along the following parcel or tract of land situated in Tarrant County,Texas, in accordance with the plat attached, to-wit: SITUATED in the City of Fort Worth, Tarrant county, Texas and being a drainage easement in Lot 3, Block 1 in the Z. Boaz Country Place, ,an addition to the `CC ty of Fort worth, Tarrant County, Texas, according to plat thereof recorded in Volume 388-101, page 19, Plat Records of Tarrant County, Texas and being more pa:Fticularly described as follows: AEG_jrJTNr at a point 17.60 feet N89a57'35"E frcm the northwest corner of said iot 3, Block 1. THENCE N890 57'35"E, a distance.of 54.00 feet to a point for corner; 'MINCE; 523016'57"E a distance of 70.74 feet to a point for corner; TRICE S00002'05"VJ, a distance of 88.00 feet to a point for corner; Tl ENCE N28010117"11, a distance of 173.49 feet to the MINT OF 9F•CID?rIl r, and CoMrAINING 5,363 square feet or 0.123 acres, more or less. TO HAVE AND TO HOLD the above described premises, together with, all and singular, the rights and appurtenances thereto in anywise belonging, unto the said City of Fort Worth, its suc- cessors and assigns,forever.And we do hereby bind ourselves,our heirs, successors and assigns, to warrant and forever defend,all and singular,the said premises unto the said City of Fort Worth,Its successors and assigns,against every person whomsoever lawfully claiming or to claim the same or any part thereof. It is intended by these presents to convey a right-of-way to the said City of Fort Worth to main- tain and construct the above improvements, with the usual rights of Ingress and egress in the necessary use of such right-of-way, in and along said premises. WITNESS.__—._____hand___.__ .this,the.ZY_�I_da .ol—_ � Z� A� Address of Grantee: City of Fort Worth Real Property Management 1000 Throckmorion Street Fort Worih,'rexas 70102 EXHIBIT "X" i7. l�$90,57' 35"E 54.Op� e� � 7 0.741 s 5C4L,2 ill = SC' N Q N I 0 0 I 0 d Iln J I I EX 1413/7 "8" 02AWA(f.E EASEMEN 7- LOT 3 , 8 LOCk ! .E-. SOA Z CO CJ&JTQY PLACE AAJ ADD)Ti0A/ TO -THE G/7'Y OF ,'O/ZT AJO27J-N, 7'/-1122AA1- COL.JN Tye 7EXAS , AC402D)nlc'x 'ro PEAT 2 Ga120��� /Al VOLt1ME 20 0, P46 6- g3 P 1Z T"� T JOHN D. ZIMMERMAN P.E.. R.P.S. REGISTERED PUBLIC.: :SURVEYOR 2300 ROOSEVELT (4R. UNIT C ARLINGTON. TLL)KAS 70010 4017) 461- O 1817 EXHIBIT "X" $TATS-OF TEXAS § COUNTY OF TARRANT DRAINAGE & UTILITY EASEMENT That we, Burk Collins Investments mF of Tarrant County,Texas,for and In consideration of One Dollar($1.00)and other valuable consideration paid ,by the City of Fort Worth, a municipal corporation of Tarrant County, Texas, receipt of which is hereby acknowledged, do grant, bargain and convey to said City, Its successors and assigns, the use and passage In and along the following parcel or tract of land situated In Tarrant County,Texas, In accordance with the plat attached,to-wit: SITUATED inthe City of Fort T%brth, Tarrant County, Texas and being an easement in tat 3, Block 1 in the Z. Boaz Country Place, an addition to the City of Fort Worth, Tarrant County, Texas according to plat thereof recorded in Volume 389-101, page 19, Plat Records of Tarrant County, Texas ani being more particularly described as follows; BMINNM at the northeast corner of said Wt 3; THF= S 000 02' 05" W, a distance of 5.00 ft to a point for a corner; THENCE S 890 57' 35" W, a distance of 73.60 ft to a point for a corner; THfUT, S 270 24' 05" E, a distance of 75.10 ft to a point for a corner;. THE N 000 02' 05" E, a distance.of 18.97 ft to a point for a corner; THENCE N 890 57' 35" E, a distance of 10.00 ft to a point for a corner; THF14M S 000 02' 05" W, a distance of 25.00 ft to a point for a corner; THENCE S 890 57' 35" -E, a distame of 29.00 ft to a point for a corner; THENCE S 000 02' 05" W, a distance of 264.92 ft to a point for a corner; THENCE S 620 45' 45" W, a distance of 27.00 ft to a point for a corner; THENCE N 000 02' 05" E, a distance Of 222.26 ft to a point for a corner; ITaNCE N 270 24' 05" W, a distance of 34.91 ft to a point for a corner; THEE S 890 57' 35" W, a distance of 59:62 ft to a point for a corner; THENCE N 00 05' 28" E, a distance of 24.Q0 ft to a point for a corner; THEnZE N 090 57' 35" E, a distance of 47:14 ft to a point for a corner; Tff= N 270 24' 05" W, a distance of B7.52 ft to a point for a corner; THENCE N 890 57' 351 E, a distance of 92.86 ft to the POINT OF BEGINNING and CC)t=lN1M 10,482 sq ft or 0.241 acres of land, more oX less. TO HAVE AND TO HOLD the above described premises, together with, all and singular, the rights and appurtenances thereto In anywise belonging, unto the said City of Fort Worth, Its suc- cessors and assigns, forever.And we do hereby bind ourselves,our heirs,successors and assigns, to warrant and forever defend,all and singular,the said premises unto the said City of Fort Worth,Its successors and assigns,against every person whomsoever lawfully claiming or to claim the same or any part thereof. It Is Intended by these presents to convoy a right-of-way to the said City of Fort Worth to main- lain and construct the above Improvements, with Ilia usual rights of Ingress and egress In Ilia necessary use of such right-of-way,In and along said premises. WITNESS, ___hand, this,Ihe.1-Leed D.19 Address of Grantee: City of Fort Worth Post property Management 1000 Throekmorlon Street Fort Worth,Texas 76102 EXHIBIT "X" EXHIBIT "A" FIELD NOTES EASEMENT 1 SITUATED inthe City of Fort T%brth, Tarrant County, Texas and being an easement in lot 3, Block 1 in the Z. Boaz Country Place, an addition to the City of Fort Worth, Tarrant County, Texas according to plat thereof recorded in Volume 388-101, page 19, Plat Records.of Tarrant County, Texas and being more particularly described as follows: BEGINNING at the northeast corner of said Lot 3; TEII?NCE S 000 02' 05" W, a distance of 5.00 ft to a point for a corner; THENCE S 890 57' 35" W, a distance of 73.60 ft to a point for a corner; THENCE; S 270 24' 05" E, a distance of 75.10 ft to a point for a corner; THENCE N 000 02' 05" E, a distance.of 18.97 ft to a point for a corner; THENCE N 890 57' 35" E, a distance of 10.00 ft to a point for a corner; THENCE S 000 02' 05" W, a distance of 25.00 ft to a point for a corner; THENCE S 890 57' 35" E, a distance of 29.00 ft to a point for a corner; THENCE S 000 02' 05" W, a distance of 264.92 ft to a point for a corner; THENCE S 620 45' 45" W, a distance of 27.00 ft to a point for a corner; THENCE N 000 02' 05" E, a distance of 222.26 ft to a point for a corner; TRENCH N 270 24' 05" W, a distance of 34.91 ft to a point for a corner; TH]a4C'E S 890 57' 35" W, a distance of 59.62 ft to a point for a corner; THENCE N 00 05' 28" E, a distance of 24.00 ft to a point for a corner; THE CE N 990 57' 35" E, a distance of 47.14 ft to a point for a corner; THFI,U: N 270 24' 05" W, a distance of 87.52 ft to a point for a corner; THENCE N 890 5735 " E, a distance of 92.86 ft to the POINT OF BEGINNING aryl CONTAINING 10,482 sq ft or 0.241 acres of land, more or less. �UON.� EXHIBIT "X" /SOca�_ 6c)057'.3 5"C vz�� y 5.oO' E45FMENIT 2 G o? u00°01`05`E IWI A+89057' E N.. 47.10, ��` N8�7°.57'35"� 2900' N1�0°U5'281lG S 2400` 2 ' L!7"I l_ I T Y M T SL39°57'3 5"LJ, 159 62' EA 5C- MEN S '1127°24 Q5"/..l 3119+' cv �' EASEME Al T 2 I h CV J 1.50' lt.00v CV G� C7 cj I (n c <r 0��T4 I L I� a 0 I 5�2°4 54 5 I � S(v2°45'45"GI 16,891 UTILITY EA -'5EMEENT L-OT 3, l6 LOC,k I Z, OD A Z COI N-ri2y PLACE AN 4DDIT101V -TO THE L/ 0' OF- FORT 1.10/27H! T4(2RA"7- COU KIT I/ 7-,�X4 t) -TO /�L47 R&:--C-Or OF_"O IN VOLLIlV1C 204, PACE 93 PL4T T412124AIT Co(-/AJTY, 7F"XA t). JOHN D. ZIMMERMAN P.F., R.P.5, Rli(A"A'( IIP'"`�I:) ("UBLIC *,A)IRVt:YC.)H 230U (ROUSLVELT EW. UNIT C ARLIr4GTON, 'T1'X , 70016 (817) 401- 0160 EXHIBIT "X" F J d, i 1�'a�oRJ City of Fort Worth Texas Mayor and Council Communlicatton ()ATE REFrRENCE: SURJECT,COVENANT AND AGREEMENT BETWEEN PAGE: NUMBER B pRK COLLINS INVESTMENTS AND THE CITY OF 1 -24-87 **C-10136 F RT WORTH TO OWN T UCT IMPROVEMENT IN A I of RECOMMENDATION, It is recommended that City Council authorize the City Manager to execute and accept a Covenant and Agreement regarding the construction of improvements within a drainage easement for Z. Boaz Country Place Addition, Block 1, Lot 3. BACKGROUND In accordance with standard City policy, the construction of permanent improvements over and within a drainage easement which contains a storm drain pipe and which requires the execution of a Covenant and Agreement, by which the party constructing the permanent improvements over the storm drain pipe assumes certain responsibilities for the storm drain pipe and indemnifies the City against damages to the improvements. Burk Collins Investments, owner, of Lot 3, Block 1, in the Z. Boaz Country Place Addition has signed such a Covenant and Agreement. FINANCING: There is no cost to the City for the agreement . APPROVED BY C NCI Atia dim 11 VIII ,r7 of rwe;k W ar,IX, mw,46,A CffY !IANAC"� 9E� R Y OISPC ITIIB N BY COUNCIL PROCESSED BY �6�"Y OFTWE Ry � � �� AEE"R�CdvED a�R�#�iNAT9N Michae E. Pyles EP CT' ER (DESCRIBE) DEPARTMENT HEAD. CITY SECRETARY ................... FOR AWITMNAL iNfORMATIVch el E Pyl es 8362 ... ._ ...,...,, CONTACT; DATE