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HomeMy WebLinkAboutContract 14653 / ^ CITY SECR CONTRACT MAINTENANCE AGREEMENT REGARDING KING'S BRANCH CREEK CHANNEL DRAINAGE EASEMENT TEXAS AMERICAN BANK, m^8^, TRUSTEE, and MIRANDA LEONARD (hereinafter called 'OWNERS') hereby certified that they are the owners of certain real property located in the City of Fort Worth, County of Tarrant, State of Texas, said property being legally described by metes and bounds on the filed notes marked Exhibit "a" attached hereto and made a part hereof for all pocDomee (hereinafter called "said land") ; °~.. ' �°/�� �Y�� ��� WHEREAS, Owners have granted to tb by iootcump�� �� dated 1985, an Easement for surface drainage and public utilities on and ancoaa said land; waEmoAG, owueza intend to allow others to construct certain permanent nbaooeI improvements ogoo said laud within said easement; WooauAg° said permanent channel improvements shall include bottom excavation, obauoeI excavations and alignment, concrete drops and the placement of natural rock rip-rap at selected locations along the channel; NOW, r8aREeOno, owners for 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 mmztb for approval, all plans for said permanent improvements which are proposed to be constructed in said easement, and not to allow the commencement of such construction without the approval of said oireotor of the Department of rzaomDmrtotioo and nobIio Works. owners further agree to assume all responsibility for maintenance of the proposed improvements to be placed within said easement and the bed and banks thereof. rortbez~ Owners, or in the event of a sale or transfer of ownership of said land then their grantees 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. Maintenance, as that term is used herein, shall mean to keep the channel reasonably free and clear of debris and undergrowth which shall include the removal of willow trees, brush, weeds and grass which may grow in the bed and on the banks and the removal of trash and foreign matter which may be deposited within the channel from time to time by water flow and shall also include the repair and replacement of the rock zip-rap as originally constructed and the repair and filling of soil erosion to the banks and bed of the channel in accordance with the current standards now in force and effect in the city of Fort Worth at no expense to the City of Fort nmctb/ but such term shall not include the obligation to make additional capital improvements such an requiring concrete lining of the creek bed or banks or the construction of an enclosed drainage system or conduit. Owners, or in the event of a sale or transfer of ownership of said land then their grantees or assigns, further agree to maintain the proposed improvements as specified above, and hereby agree to, within sixty days after receipt of written notice from the city, perform the necessary maintenance. If they fail, at any time, to maintain the proposed improvements as specified above, the City retains the right to perform the necessary maintenance and they agree to reimburse to the City the full reasonable coot of said maintenance. Owners, or in the event of the sale or transfer of ownership of said land then their grantees or assigns, agree to and do ' . hereby indemnify, bnId harmless and defend the City of Fort Worth its agents, servants and employees from and against all costs, eoDeuaeot losses, damages, claims or causes of action whatsoever arising, or which might arise, from the failure of the then current *woeco of said land to maintain the bed and banks of the drainage channel in accordance herewith, or to perform any of its duties or obligations hereunder, excepting that this indemni- fication shall not apply to the negligent acts of the City of Fort Worth, its employees, officers or agents. The above covenants and agreements shall run with the land and shall be binding uDnu owners or in the event of the sale or transfer of ownership of said land then oFmo each subsequent Owner of said land, and shall continue in effect so long as any improvements abaII remain within said easement or until expressly released by proper authority of the City of Fort Worth, Texas. The parties hereto recognize and acknowledge that this Maintenance Agreement is preliminary in nature, and that it is the intent of the Parties that at such time as the laud lying north or west of and adjoining the land described on Exhibit "a° is platted, then the City and owner of the land to be platted shall enter into a new Maintenance Agreement, the terms and conditions of which obaII be consistent with the City's Policy for the Installation of Community Facilities that is in force and effect at the time of such platting. »� EXECUTED this m�c_���� day of August, 1985. TEXAS AMERICAN / N.A.F,,T19USTEE nDeoaT M. LAN eni/"r nice- rceaideot amd Trust Officer MIRAN BY ROBERT STAHALA, Attorney in fact 'J STATE OF TEXAS COUNTY OF TARRANT ThAls instr9ment was acknowledged before me on the day of r 11 'It' — , 1985, by Robert M. Lansford, Senior Viie--President and Trust officer of Texas American Bank/Fort Worth, N.A., Trustee, a Texas corporation, on behalf of said corporation, and in the fiduciary capacity therein stated. Nota Public in and for the Z? Suzan k Fisk State of Texas Commission Expires: 1/25/89 ., comm my Commission expires: STATE OF TEXAS COUNTY OF TARRANT T - I ,)is instrument was acknowledged before me on the 1-2 day of 1985, by ROBERT STAHALA, Attorney in fact W behalf of MIRANDA LEONARD. Notai4 Public in and for the State of Texas Suzan P. Fisk Commission Expires; 1/25' 89 My Commission expires: -4- I'OWFR 01' ATTORV1 Y" STATE OF CALIFORNIA ) KN0W AI,i, MLN BY THESE PRESENTS: COUNTY OF � That 1 , MIRANDA EPONARD, of the City of Weston, Commonwealth of Massachusetts , have made , constituted and appointed, and by these presents do make , constitute and appoint JENKINS GARRETT and ROBERT STAHALA, ur cKher of them separately, both of Fort Worth, Tarrant County , Texas , my true ;ind lawful attorney for me and in my name, place and stoad , to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the management of my business and personal affairs and the property of all kind and character owned by ma, as fully, as to all Without limiting in any way the general powers above,5?� - intents and purposes , is 1 might or could do if personally p esent. granted , I hereby grant to my said attorney in fact full power and authority to collect and receive any and all rents , profits, issues or income due mc ; to hay all sums of money that may be lawfully owed by me; to accept , endorse , deposit or issue any check, draft or trade acceptance for and on my behalf and in my name; to do all things un my behalf in connection with the operation or preservation of my business P fairs ; and to sell , convey, ex- change or transfer any securit,.es , oil and leases , rrinca„ls, or all other property (both real and personal) , owned by me; and to execute any and all instruments necessary and proper in carrying out the powers granted to my attorney in fact hereunder as fully and effectually as I could do if personally present. The rights , powers and authority of the said attorney in fact to exercise any and all of the rights and powers herein granted shall remain in full fork, and effect from the date hereof until revoked , modified or tcr!ninated by me in writing. IN WITNESS WHERKOF, I have hercuntu set my ha d this C day of hkj—W- ' R:1"dDA UNN1R THE STATE OF CALIFORNIA COUNTY OF ) BEFORE MG, the undersigned, a Noun ? }`vhlic in and for said County and State , on this day pc/son^Ll! uPycxrcd MIRANDA LEONARD, known to me to be the |`crsno whose name is su%cribod to the foregoing instrument , and acknowledged to mo Lhac she executed the same for the purposes and consideration therein expressed. ea- GIVEN UNDER NY HAND AND SEAL OF Nl'7C[ this the ��--day oz Dcc ""`~^ / ^ "~^^~ ` `"=^`/ ' California Al NNo ' ' ` ' ^ A'GNP OR �"�dehrP�'� itu �1',us'm;uu!hd„kXid4m"".d J��' �nsxla� tolVnTsOrar� M 19 WA v'*­-IAAO AO "Sly Qwv MWO Z;4', , 7, 17"7 "emm R14190eN eT Ow �V�V�O�dxO alVasgs Ve7sVtOpTOUee ri•w O.Oeaxarnd Oqs met •vetsv:edaoo TVdtotufm VIVO ie lot 04-4 !w* *Im poswNw• •q 194s quo p"LotoM &NOA 4n AMI) S►tV* •'ts C log 041 OVw elms 041 asga Ow oa VO petAoux*v Pam •44ve"MilgVt e6O4►er O•l's oil poutaevgr• 97 • v 00004A aOOI v Pa+ • tas o q uoviod Oqs Vq es Ow o ro e Vn # • LIM so ALTO 7111.E x0 =' � � , • pOaVOddv ATTVUOVxvd JI p 14 a O Oyp Cam' PTsO° Mi a7 ott4rd ��V;oK V •psu6trawpvn Oq7 •7M IWOM � aw ., t VOarTdr+A ue4►VO7O�rcp fir rrhrq, f itsurm %vois.s Oei pus at oltgad Aivaen • 061 ' =o bt `r""m 041 OM '*t/AO ee "fM N MM OM AK 1 NOW (MAID •pOl1s• rrf RstOOdVS MV! of VVn 'VO996.18*0 UTOxg" W",$Wt*Vyg ;UOe Vary vovodand Oqs 30j AusAOOO ptVO go se* _0" OV "me •gspI""We Olt IV" 999 VIVO eqy go son 014-1 090 OvnO Oqs 19144 Or as V0696,10,60 Do Vvg Iju 2s1RUT AUtose"a eqs 07 p"lloVgnO 'Ot emu OOega J10e1 ow ie V "Dosed Oqs Ott 0-% am es IIwm,4 • re"Odde Allevewved AvV vTga uo •O1vsp ptm Asumra PTO* "I P" rT ottq^d xJ9104 v •pOURTvswpuh 041 01M XWO"" tAi2'T1fDl1"t d1� 0i1hDA Oi � O'PA01fAAr R- . �:sxssv �• its nyrss �NS7� spar so .xir� *7444 POA03449 pug ve-sd#Weaw FIELD NOTES FOR A DRAINAGE EASEMENT OUT OF THE JOHN COLLETT SURVEY, ABSTRACT NO. 262, THE C. CONNELLY SURVEY, ABSTRACT NO. 319, AND THE PETERSON PATE SURVEY, ABSTRACT NO. 1202, TARRANT COUNTY, TEXAS DRAINAGE EASEMENT BEING a strip of land for drainage easement purposes across land originally conveyed to J. M. Leonard, by deed recorded in Volume 2952, Page 578, and Volume 2952, Page 582, of the Deed Records of Tarrant County, Texas, said strip also being across the John Collett Survey, Abstract No. 262, the C. Connelly Survey, Abstract No. 319, and the Peterson Pate Survey, Abstract No. 1202, Tarrant County, Texas and being more particularly described as follows: COMMENCING at the northwest corner of Tract VII, Ridgmar Mall Addition, as shown by plat recorded in Volume 388-107, Page 74-77, Deed Records of Tarrant County, Texas, said point being on the easterly right-of-way line of Green Oaks Road, on a curve whose radius bears N 63' 56' W, 1,758.87 feet; thence northeasterly along said easterly right-of-way of Green Oaks Road, along said curve through a central angle of 4° 44' for a distance of 145.5 feet to a point on a curve whose radius bears N 68" 41' W, 1,733.22 feet; thence northeasterly along said easterly right-of- way of Green Oaks Road, along said curve through a central angle of 24" 26' for a distance of 739.1 feet to a point on a curve whose radius bears S 86' 53' W, 1,733.22 feet, said point being the point of beginning; THENCE northwesterly along said easterly right-of-way line of Green Oaks Road, along said curve through a central angle of 56 28' , for a distance of 165.3 feet; THENCE N 85" 22' E, 50.1 feet ; THENCE N 68" 26' E, 318.2 feet to a point on a curve whose radius bears N 21" 34' W, 239.43 feet; THENCE northeasterly along said curve through a central angle of 32' 21' for a distance of 135.2 feet; THENCE N 36" 05' E, 189.1 feet to a point on a curve whose radius bears N 53' 55' W, 461.00 feet; THENCE northerly with said curve through a central angle of 13' 25' for a distance of 107.9 ft. ; THENCE N 22- 40' E, 14.9 feet; THENCE N 16 57' E, 37.2 feet to a point on a curve whose radius bears N 766 42' W, 242.22 feet; THENCE northerly along said curve through a central angle of 31' 05' for a distance of 131.4 feet; THENCE N 176 47' W, 15.0 feet to a point on a curve whose radius bears N 726 13' E, 776.00 feet; THENCE northerly along said curve through a central angle of 20' 34' for a distance of 278.5 feet to a point on a curve whose radius bears S 87" 13' E, 616.00 feet; THENCE northeasterly along said curve through a central angle of 70' 00' for a distance of 752.6 feet, to a point on a curve whose radius bears S 17' 13' E, 546.00 feet; THENCE northeasterly along said curve through a central angle of 22' 41' , for a distance of 216.1 feet; THENCE S 84" 32' E, 15.0 feet to a point on a curve whose radius bears N 5" 28' E, 229.0 feet; THENCE northeasterly along said curve through a central angle of 23' 26' for a distance of 93.7 feet; THENCE N 72- 01' E, 259.5 feet ,to a point on a curve whose radius bears N 17- 59' W, 480.39 feet; THENCE northeasterly along said curve through a central angle of 15' 02' , for a distance of 126.1 feet to a point on a curve whose radius bears N 33' 01 ' W, 229.00 feet; THENCE northeasterly along said curve through a central angle of 9' 41' , for a distance of 38.7 feet to a point on a curve whose radius bears N 42' 42' W, 40.00 feet; THENCE northeasterly along said curve through a central angle of 51' 04' for a distance of 35.6 feet to a point on a curve whose radius bears S 86' 15' W, 535.00 feet; THENCE southwesterly along said curve through a central angle of e 37' for a distance of 80.4 feet; THENCE N 12- 22' W, 119.7 feet; THENCE N 296 51' W, 108.4 feet to a point on a curve whose radius bears N 60- 09- E, 583.13 feet; THENCE northwesterly along said curve through a central angle of 16" 35' for a distance of 168.8 feet; THENCE N 13- 16' W, 85.4 feet to a point on a curve whose radius bears N 76' 44' E, 308.97 feet; THENCE northerly along said curve through a central angle of 11' 061 for a distance of 59.8 feet; THENCE N 2° 11' W, 25.1 feet to a point on a curve whose radius bears N 87' 49' E, 91.25 feet; e p0 THENCE northeasterly along said curve through a central angle of 29* 59' for a distance of 47.8 feet to a point in the westerly boundary line of the Shady Oaks Country Club; THENCE with the following curses and distances with the Shady Oaks Country Club; S 6' 28' E, 147.9 feet; S 30' 48' E, 223.0 feet; S 58' 06' E, 116.3 feet; S 226 32' E, 83.2 feet; S 846 12' E, 107.8 feet to the northwest corner of proposed Lot 26, Block 42, Ridgmar; THENCE with the northwesterly line of proposed Lots 26-31, Block 42, Ridgmar with the following courses and distances: Due south 36.4 feet; S 6* 59' W, 89.1 feet; S 20' 58' W, 89.1 feet; S 31* 19' W, 42.8 feet; S 43* 36' W, 113.7 feet; S 54* 45' W,28.4 feet; S 60* 47' W, 81.8 feet; S 68' 18' W, 80.1 feet; S 72' 01' W, 174.8 feet;S 10" 56' W, 5.7 feet; THENCE S 72" 01' W, 82.0 feet to a point on a curve whose radius bears N 17- 59' W, 371.00 feet; THENCE southwesterly along said curve through a central angle of 23* 26' , for a distance of 151.8 feet; THENCE N 84" 32' W, 15.0 feet; THENCE S 5" 28' W, 4.0 feet to a paint on a curve whose radius bears S 5* 28' W, 400.00 feet; THENCE southwesterly along said curve through a central angle of 22" 41' for a distance of 158.3 feet to a point on a curve whose radius bears S 17* 13' E, 470.00 feet; THENCE southwesterly along said curve through a central angle of 70* 00' , for a distance of 574.2 feet to a point on a curve whose radius bears S 87* 13' E, 630.00 feet; THENCE southeasterly along said curve through a central angle of 20' 34' , for a distance of 226.1 feet-, THENCE S 176 47' E, 15.0 feet to a point on a curve whose radius bears S72* 13' W, 388.22; THENCE southwesterly along said curve through a central angle of 536 52' , for a distance of 365.0 feet; THENCE S 36' 05- W, 262.6 feet; THENCE N 51" 21' W, 0.4 feet to a point on a curve whose radius bears N 51" 21' W, 331.98 feet; THENCE southwesterly along said curve through a central angle of 26° 56' , for a distance of 156.0 feet; THENCE S 65' 34' W, 446.8 feet, to the point of beginning and containing 10.81 acres of land. James B. Davies & Company April 30, 1985 Revised 5/28/1985 , It I i'r p V* **C-9257 �...DRAINAGE,. I T"' OF I Mayor and Coi,invill Conimun atim't DATE REFERENCE SUSJECT CHMNEL MAINTENANCE AGREEMENT AND PAGE NUMBER ENT BETWEEN . .,__.. ._...mM. .. .....a. .. �. WORTH AND MIRANDA LEONARD RECOMMENDATION It Is recommended that the Mayor be authorized ,to accept and execute a channel maintenance agreement and a drainage easement between the City Of Fort Worth, and Texas American Bank of For t Worth and Miranda Leonard. BACKGROUND Teas % an Bank, Trustee, and Miranda Leonard owers of a tract ' land located in the John Collett Survey, . 252, the C. Connelly Survey Abstract No. 315, and the Peterson pate Survey, Abstract No. III", propose to grant a drainage easeuent of v'ari abl dth and a channel maintenance agreement for the drainage easement Onore fully described in attached Exhibits A and B) to the City of Fort Worth. The property owners will responsible for maintenance of the drainage as en . FINANCING ar-ems no cost �e City for the drainage easenent or the channel maintenance a r w nt. A'I Attachment SkJBWTT N FOR THE NNq NANJW1N10 N BY N QUNCIL: PROCESSED WY.. �....nFFMF we..._ .. ..v... .. ��. n, .m ... .. DASPART iN,NT HEAD, Gary Santprre 01Y SLCRE rA't FOB A ITION L � F T N ON Dro l t ex t. 7908