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Home My WebLink AboutContract 14732 ITT SECRUARY CONTRACT No/�/Z=Llz) DRAINAGE CHANNEL MAINTENANCE AGREEMENT THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS THAT : COUNTY OF TARRANT § WHEREAS, Block 9, Lots 27, 28, and 29 in Weisenberger Ctiy, an Addition to the City of Fort Worth, Tarrant County, Texas; and, WHEREAS, Mark & Dibrell Truett 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 across Lots 27, 28, and 29 in Block 9 , and is shown as the area outlined on the attached diagram, which is marked Exhibit "A" and hereby incorporated herein by reference for all purposes; and, NOW THEREFORE, Mark & Dibrell Truett , of Tarrant County, Texas , being the owner of Block 9, Lots 27, 28, and 29 in Weisenberger City . 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 Mark & Dibrell Truett , and all future owners of the following described real property situated in Fort Worth , Tarrant County, Texas: Block 9, Lots 27, 28, and 29 in Weisenberger City Addition "1i 1. Developer covenants and agrees to maintain at all times the bed and banks of the drainage channel 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 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 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 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 9, Lots 27, 28, and 29 in Weisenberger City, 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 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 Che above described property to maintain the bed and banks of the drainage channel in accordance herewith , or 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 (1) 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 cost, 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 4 � ' void. The above covenants 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 reference for all purposes. EXECUTED THIS 1 _DAY OF A. D. , l9 ,'5: L>W Dibrell T r u e t t,,e➢OMMiinrft -TiQ Ve77 o ce"'A''L By: ATTEST: By: COMfkISV/n A! E-cf/car '70'-y S_ Before me, Ernestine Ross , a Notary Public in and for the State of Texas, on this day personally appeared Mark Truett (and) Dibrell Truett known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office, this 17 day of May, A.D. 1985 . Accepted and approved this day of 1985. CITY OF FORT WORTH, TEXAS By: P Title: ' ATTEST,; C ty Secretary APPROVED AS TO FORM AND LEGALITY. 9COnt act tthoriza o .Wmm Ba�� BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared , 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 and that he executed the same as the act of said company 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 , 1985. Notary Public in and for Tarrant County, Texas My Commission Expires: BEFORE ME, the undersigned, a Notary Public in artd-for said Co ty and Sta e, q ' this days personally appeared .. , r of THE CITY OF FORT WORTH, a Texas -home 1 mu zcipal co ation, 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 expressed, and in the capacity therein stated. VEN UNDER MY HAND AND SEAL OF OFFICE this the day of '` 1985. h ar) ,Pu lb is in and for i " Tarrant County, Texas My Commission Expires: ,AeALTENBRUN ROAD C.o I R.O.W. _ WE T-63.14 EASr- ?0,*e r`6o o Uo 0 U00' ,]ya tS1' I 0_ L`12 LOT` �/ If I �-� LOT f LOT !S I LOT /!o d s � azoCx � 9 n qy 1p �(O' 7RA/NALE " `< Saw QG LOTS 1z, 13, 14, z7,28 I BLocK VJE15ENSERC,ER CITY �¢'� p An Rddtcn in Tarront Comfy Te.os,F��e vo in W me- ME-G, Page 106, P.R.T.C.T. wESr- 99.00 �_. �o yes zy, Exh,6,4 ,A„ SS.,S�,`�,, WEST - Z/✓.- ' I � w LOT 30 LoT 29 —t~ Lo 8, LOT 9 f 2l 1 m EAST- 1 16.5 Q 0 All fi N p y r 00 o ��" � i@ A . , , m° w Nfayor and Countyll Communil2atton H A, ET Wiiii�ZE' AGREEMENT l N4 BE R � ? 'k 9348 AND DRAINAGE EASEMENT FROM LOT" 12-1 WEISEN BERGER. J III BETWEEN THE CITY OF FORT WORTH AND MARK AND DIBRELL LL ETT" RECOMMENDATION It is rar na carded that the Mayor be authorized zed t accept and execute a drainage easement and channel maim ante agreement r Lots 2 through t and Lots 27 through 30 it lock 9, Weisenberger Addition. W NI LLTTROUN N Nark and Dibrell Truett, owners f Lots 12 through h Td and Lots 27 through 30 in Block Sn Weisenberger Awidition, are proposing to grant a ° wide drainage easement to the City of Fort Worth and 'to enter into a cannel maintenance agreement accepting the responsibility for the earthen channel in Block 9, Lots 7 through 30 (see exhibit tr "A" . FINANCING The drainage easenent and channel maintenance agreement will Nye granted to the City for $1.00 each. Vends are available in General Fund Account No. 20-20-01, Index Code 230953 for payment to Mark and Dibrell Truett. At:dk cur� �� _ Prru�n �a By ��ar�� a� P�� e.;� E BY OFF�CIE ay C APPROVED .. 7M�tcem4tl�WPmICak4u � .b'4ihN�' ��ro� C� ��'D DATE