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HomeMy WebLinkAboutContract 14167 CITY SECRETARY DEW DRAINAGE CHANNEL MAINTENANCE AGREEMENT J 1� CITY SEGRETARY m THE STATE OF TEXAS � KNOW ALL MEN BY THESE PRESENTS THAT: 0 COUNTY OF TARRANT WHEREAS, Lincolnshire, an Addition to the City of Fort Worth, Tarrant County, Texas; and, WHEREAS, Lindsay F. Eberts, President of Hatley Management Corporation 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 and metes and bounds descriptions of adjacent area, Developer proposes to dedicate to the City of Fort Worth a drainage easement which extends from Crowley Road at Lincolnshire Street north and east to Willow Creek Addition, 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, , Lindsay F. Eberts, President of Hatley Management Corporation of Vancouver British Columbia, being the owner of the property described below which is in 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 Lindsay F. Eberts, President of Hatley Management Corporation and all future owners of the following described real property situated in Fort Worth, Tarrant County, Texas: ral 818P PACT 753 LINCOLNSHIRE ADDITION, PHASE V DRAINAGE EASEMENT BEING a parcel of land out of the G. Herrera Survey, Abstract No. 2027, in the the City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land conveyed to Hatley Management Corporation as recorded in Volume 7009, Page 1261 of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: COMMENCING at the northwest corner of said Hatley Management Corporation tract also being the southwest corner of a tract of land conveyed to James R. Harris, Jr., as recorded in Volume 7535, Page 1575 of the Deed Records of Tarrant County, Texas, and being in the east right-of-way line of F.M. Road 731 (Crowley Road); THENCE North 870 521 03" East with the north line of said Hatley Management Corporation tract, 646.41 feet to the POINT OF BEGINNING; THENCE South 550 221 45" West 218.50 feet to a point; THENCE South 430 181 34" West 185.16 feet to a point; THENCE South 420 301 57" West 145.16 feet to a point; THENCE South 270 581 50" West 76.69 feet to a point; THENCE South 009 15- 2411 West 631.91 feet to a point; THENCE South 060 221 35" East 141.73 feet to a point in the future north right-of- way line of Lincolnshire Street, said point being a point on a curve to the right having a radius of 499.42 feet whose center bears north 06 051 4511 West; THENCE along said curve through a central angle of 060 061 0111 an arc distance of 53.17 feet to a point of tangency; THENCE North 890 591 4411 West 165.00 feet to a point in the west line Of Said Hatley Management:Corporation tract, said point also being in the east line of said Crowley Road; THENCE North 000 001 16" East with the west line of said Hatley Management Corporation tract 140.00 feet to a point; THENCE North 390 391 01" East 129.68 feet to G point; THENCE North 009 150 24" East 565.88 feet to a point; THENCE North 270 581 5011 East 121.60 feet to a point; THEI�ICE North 420 301 57" East 161.29 feet to a point; THENCE North 430 181 3400 East 188.65 feet to a point; p THENCE North 870 521 0311 East 2.29 feet to the beginning of a curve to the right; 'COL 8188 PAGE 754 Drainage Easement - Lincolnshire, Phase V THENCE along said curve having G radius Of'564.50 feet whose chord bears south 860 311 3511 East through a central angle of I'l 0 121 4511 an arc distance of 110.47 feet to a point; THENCE North 090 041 4811 East 41.57 feet to a point in the north line Of Said Hatley Management Corporation tract; THENCE North 870 521 0311 East a distance of 146.48 feet to the POINT OF BEGINNING and containing 4.070 acres more or less. 'VOL 8188 PACE 755 , ~ ^ Developer covenants and agrees to maintain at all times the bed and banks of the drainage channel in the drainage easement outlined on the otfoched� Exhibiƒ "Ao in accordance with the current standards then in force and effect in the City of Fort Worth at no expense fo the City of Fort Worth. In the event Developer {oi|x or refuses to correct any deficiencies mr to make any improvements in the bed and banks of the dcoinmgc channel which are necessary in the opinion of the City of Fort Worth to brin g 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 some to be done on behalf of and at the expense of the Developer and to impress a lien for the cost n{ such work upon the real property in the tract of land described above and adjacent to Lincolnshire, an Addition to the City of Fort Worth, Tarrant County, Texas, n600end 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, on affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this agreement. �� 81-88PAC[ 756 . . ^ . ' ^ 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 oriac, from the failure of Developer or any future owners of the 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. '4*/ ~~ ��- - Developer covenants and agrees that no habitable building shall be erected . . vvith'.the drainage easement outlined on Exhibit »A ', but this paragraph shall not precuNe 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 (it on elevation less than one (1) foot above the rnmxirnwrn depth of water in ' the drainage channel which would occur during o 100 (One Hundred) year frequency f|oud, Developer agrees that the above described real property abutting the drainage channel will not be subdivided into smno|\cr 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 alien upon such parcels or |ruutu for the cost of such improvements and indemnifying the Cityof Fort Worth,its agents,servants and employees from andagainst PAGE 757 e,7 ^ ' all coot, expenses, losses, dmrnog*n, c|oinno or causes ofaction whatsoever arising, or which might arise, from the failure of such future owners to maintain the bed and banks ofthe 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 cognizance made purauont thereto shall be void. The above covenants and agreements oho|| constitute o 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 DAY OF IVU&tI4� , A. [)., 19 . HATLEY kAANG &4ENTCORPORATION BY: Lindsay F. Eberfs` Prnsident ATTEST: BY C0rithiaW lhMM, 114¢taryPublic W�0 Q8 Texas STATE OF WASHINGTON COUNTY OF KING ^^^ l�i` f>�O� day of October, 1984 , before rue the undersigned, a ` ^~ �o �rzd for the State of l�as}��z���oo ����Iy �on��iaoioned and ~ - l� � � �b ' ° " ' � Ily appeared Lindsay F . Eberts to me z��w� o e e �'~~'^� a� ���eco�ed �}ze �V���o�zz� �zza����ez�� , and acknowledged the '~~ ~Y^`~~`�d- - r � �o �e �b� free and voluntary act and deed of f said for the uses and �o��V��e therein mentioned, and on oath - ` r�4" ' s tat e he is authorized to execute the said instrument . 8188 rvE 7*58 State of 0 ry���' �aab��pP�o� located in Seattle. Accepted and approved this 1984. day of CITY OF FORT WORTH, TEXAS as Title: r CA, Secretary D AS TO FORM AND LEGALITY: ty Attorney BEFORE ME, the un ersigned, 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 con- sideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day Jof 1984. Notary Public in and for Tarrant County, Texas My Commission Expires: BEFORE ME, the undersigned, a Notary Public in an fob laid County and State, on this day personally appeared a, +1- h-\,U, S\ , of THE CITY OF FORT WORTH, a Texas home rule munici corporation, 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. (y � ` GIVE UNDER HAND AND SEAL OF OFFICE this the o��`"` day of C 4 rr. 1984. Notary Public in and for Tarrant County, Texas a .. Y ' t+S� yQCt�mmission Expires: y UX ' � � � � 59 LINC4LNSHIRI:. AQQlTj0N PHAS EXHIB/r "A " CROWLEY RD. (F.M.731) � a a 14 00910'24"9 56k 4�tr O HUNTING_"1.�L..r.J,..�.t..�1 .i..,�„j � '�► GREEN DR ` z cr cl CD t �.. o- - _---+ W `" G OWNER/DEVELOPER � ENOINEERjPLANNER�9URVEYpR LINDSAY F EBERT$ PRESIDENT 4 FARRINaTON 1! ASSOC., INC. HATLEY MANDER ST CORP. 1 9tpp 4410 W.VICKERY BLVD. VAN W. PEN DER S7 FL WORTH,TEXAS 78107 VANCOUVER,BRITISH COLUMBIA VISE 2811 ' City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE SUBJECT: Drainage Channel Maintenance PAGE NUMBER Agreement Between the City of Fort 3/19/85 **L-8400 I Worth and Hatle'-y Development Corp. On December 12, 1984 (M&C C8755) , the City Council authorized the Mayor to execute a Drainage Channel Maintenance Agreement between the City of Worth and Hatley Management Corporation of Vancouver, British Columbia, the developer of Lincolnshire Addition, Phase V. The subject agreement commits the developer to perpetual maintenance of the drainage channel to City standards and also holds the City harmless from any claims that may result from improper channel ,maintenance. Recommendation It is recommended that the Council approve the subject maintenance agreement . DI:.olm&c IlrMITTED FOR 'THE DISPOSITION BY COUNCIL: PROCESSED 13Y I gl Y MANAGER*S C3 APPROVED 0 OEPARTMENT HEAD: [3 OTHER (DIESCRISE) RIGINATWO Michael L. Pyles CITY SECRETARY FOR AODI TIONAL INFORMATION Michael L. Pyles 8362 CONTACT. DATE ------------ .......... ...................