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Home My WebLink AboutContract 16295 GWY SE(.,kJ.'A,0�R' Y DRAINAGE CHANNEL MAINTENANCE AGREEMENT (�V4171AGT J) 200�5 2 121 9 1 12/21/87 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF TARRANT § WHEREAS, Lot D & E, Block 1, Huguley Memorial Addition, an Addition to the City of Fort Worth, Tarrant County, Texas; and, WHEREAS, Southwestern Union Conference Corporation of Seventh Day Adventists 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 along the east property line of Lots D & E, 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/ Southwestern Union Conference Corporation of Seventh Day Adventists, of Tarrant County, Texas, being the owner of Lot D & E, Block 1, Huguley Memorial Addition to the City of Fort Worth, Tarrant County, Texas, hereinafter called "Developer", one dollar and 00/100 ($1.01 0), 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 Southwestern Union Conference Corporation of Seventh Day Adventists, and all future owners of the following described real property situated in Fort Worth, Tarrant County, Texas: Lot D & E, Block 1, Huguley Memorial Addition, an addition to the City of Fort Worth, Tarrant County, Texas 1082 1, A _jPvjn jwnoz . L" sic drUnaqa •nnmment nP 1 Ll At ,I Ma i t� 6.0 1 F�' '�"", i I , _"7 "wl"147-� V'ith tne K Q f 7 c t 01" , in ! ups off "iL An too City o fort v expow co t a Nty at Oirt North. In the event L! ' 31 -u�fflsun to correct wly cicr"J.cie�lcies or to in the bad and bz'inlrs of the c1rainage a0 -re no nsary in Kho opinion of the City of Port wch nx "01 snon Araiwqw channel into CMYOUnCe With tM aj, r". tilawn Un: such caw ins13 then in force and efface in 4e -AL n2 Foct WOrth w0hin GO days after being directed in h City a Va. i h to corr. i L uuch dofic Lencies o, ipm, "wwwv ?Pos, VY K "Y1 K rach nvnrt the City of U in ani rpqn suM drain Such '_C'/_� x_ll c�u ."w to to dow on hehalE nf and it Me n,. Gho K !on, &, c( 1 press a Mn for the cost of 0 ndoa M� 4 i cwrV , in UaUulwy Mmorial aldition, Lo F i,',)rL Worth, n", a% t ('f);k TwLn, 11Q,Sko 0 U_d _oULVL q tk! arna in tno dcainaUe where w pwr?of%,J ii order to seouzu rsiasursement for sach COOL to the & Ly. Sucn lien Mall be perfecLed by filing 4n the UMUO U! -"a County Morn of Tarrant Munty, Texas, an A:Vi �AVL LUUuLhtyLw we jwny.), -.y to be with such lien, S MY amount tmcnaf. and making ruEurunce to this agree- 2. D�owlnpur cowNn,a5 an q * w and aj hureby indemnify, I .; ' '11p, f '1,1 :)i C}7 vOrth, its agents, _o. '. 'Plw . ns fy ; 1 w"K jCil C111 ? 1 costs, cnponses, D.SPA, gaq, alai A. of a 'K ur nakiao Matsoevcr arising, „a ail "dijht _rm" p from on, ui_ Ocu.'eloper or any future ownws ol the abova ,ribxl propurty to maintain the �4 083 bed and banks of the drainage channel in accordance herewith, or as a result of any damages caused to person or property due to (1) flooding of the channel and its banks, (2) slope failure of the bank of the channel, and (3) any failure of the channel and its bank to operate in a manner consistent with City of Fort Worth criteria, 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 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 _. 9 1 '. u i Z %ny 't -LnwyL by devuloper to }-s Ma a thl cani p�,)pac�l -Khuit firht condlyinq berewith �,s mile Vu rAuD, � Mureto sh i I I be Z-)"7,2 � )w -W IS and L�11,111 coGz;titutc-, a binding upon ru" 0 �h tha I and an& hn W� 7 �ql a, i ;nU Awqi nt awnerA uf the a.jve descoibecl L A : tho At An—jo c inaAunh , ucUnad on tOic. I ocowp , 7 nhow hei win by re Eor-- tj D. YMA.nly-y n union Con Zerencc--, AnruWAon of suntnth Day 'S APPROVED AS TO FORM AND LMALITT' 4t vY Attorney ➢ r .. STATE OF TEXAS 0 coomrc or TuRaAmT § ~� eEronE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared _��= , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the some for the purposes and consideration therein expressed. GIVEN UNDER wy eAmo AND SEAL OF orrzCn this, the day of 19��- . Notary Public in and for the State of Texas - " Nlv, Com�Pi8sion Expires: ~� scaro OF zExaa § c0nnTY OF znaaxmT & 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 cnIc municipal corporation, known to me to be the person and officer whose name 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. szvon omoso wy 8amo AND SEAL OF 0rrzou this, the day of 19____' Notary Public in and for the State of Texas ~� My Commission Expires: _ � ~ ., �� ==° r ve c ,.a JIpJ sq l�F C 1„Ji 3 F � 1 tv ;f fVl(T&, P rr�n,J S a -,x:, V,,,M t<QN`flf, V'IZ l46�Y,ilY4 ;%,,,,, i �::,,F„ .,,,,,�,,, „�,�,,, ,;, ,,,,,;,,T✓a �,,,/,..,,, ifitl 1 vi{ f ,PWG�4Aif 1 6rP /dpJJw' ff a�fvd /// il sa„.e... ✓. ,.m /rtiWY/ 111 rAIiL2!/,iie ,o w. ,.,.",i(''d' „m'"Y",';' v„., ,�., d��°x"/.rr � City q For Worth E s f Mayor uommuntratian,. DATE ” THE CITY OF FORT WORTH AND OUT RFST NRN T7-28-87 *C-10425 UNION CONFERENCE CORPORATION SEVENTH, a� I ... .... �.... ._..�_W..�.w.. . ..... .... RECOMKNDATION It is recommended that the City Manager be authorized to execute and accept a Channel Maintenance Agreement between the City of Fort firth and 5Lgtjt)y ster:,n � r►,,,,. emw~ n ,, rparatn,,., fn en t at, BACKGROUND Southwestern Union Conference Corporation of Seventh day Adventists, owners of Block 1, Lots D and F, in Huguley Memorial Addition, proposed to enter into a Channel Maintenance Agreement for the drainage easement as shown in Exhibit "A" . The property fawners will be responsible for maintenance of the drainage easement. FINANCING There is no cast to the City for this agreement. [)A I :d APPROVED BY CITY C( L CIL ......... w..... .,,. _. .. SUBWTIE'D FOR 04 C &10 GC ..,.. DFPARTMENT HEAM Carer 8anterre C uI'Y SE E T w o M. Pyles 8262 0AT