HomeMy WebLinkAboutContract 6676 CONTRACT
FO
J.
Date Approved By Council
Filed day of
19
City Secretary
V
F,Y'
THE STATE OF TEXAS
IZTOW ALL MEN BY THESE PRESENTS :
COUNTY OF TARRANT
WHEREAS Tarrant County Water Control and Improvement
District Number One is a body politic and corporate organized
under and by virtue of the Constitution and Statutes of the
State of Texas for the purposes, among others, of controll-
ing, storing, preserving and distributing storm and flood
waters within its jurisdictiony and
WHEREAS Tarrant County Water Control and Improvement
District Number One owns and operates Marine creek Dam
and Reservoir in Tarrant County, Texas, in pursuance, of
the purposes for which it was organized, said Marine Creek
Dam and Reservoir being located upstream from lands owned
by the City of Fort'l.:Vorth along the banks of Marine Creek;
and
WHEREAS Tarrant County Water Control and Improvement
District NunLber One and the City of Fort Worth desire to
make and enter a valid and binding contract between them
whereby the City of Fort Worth will grant to Tarrant County
Water Control and Improvement District Number One an easement
permitting the District to inundate and flood intermittently
and to enter upon for the purpose of maintaining a floodway
area on lands owned by the City of Fort Worth along the
banks of Marine Creek downstream from Marine Creek Dam
and Reservoir in exchange for certain covenants of
Tarrant County Water Control and Improvement District
Number one all as hereafter set forth.
I
NOW, THEREFORE, Warrant County Water Control and
Improvement District Dumber one, hereinafter called
District, a body politic and corporate under the Consti-
tution and Statutes of the State of Texas, acting herein
by and through its duly authorized
r
and the City of Fort Worth, a home rule municipal corpora-
tion in Tarrant County, Texas, acting herein by and through
R. M.. Stovall, its duly authorized Mayor, hereby contract
and agree as follows:
1.
The City of Fort Worth hereby grants unto District an
easement to inundate and flood intermittently the following
described land along the banks of Marine Creek with storm
and flood waters impounded by or released from Marine Creek
Dam and Reservoir together with the right of ingress and
egress for the purpose of mowing grass, removing brush and
debris and maintaining such lands:
Certain lots, tracts or parcels of land
situated in Tarrant County, Texas, and in
various additions to the City of Fort Worth,
Texas, more particularly described in Exhibit
A attached hereto and made a part hereof.
2.
The City of Fort north agrees not to erect any improve-
ments within the easement area that will interfere with the
flow of water in said area except as the District may consent
in writing thereto, and the District agrees not to withhold
such consent in writing unless its consulting engineers
advise the District in writing that the proposed improve-
; ment will diminish the capacity of the floodway to an
extent that the engineers recommend that such improvement
should not be constructed.
3*
The District agrees and covenants with the City of
Fort Worth that. it will accept the easement herein granted
unto it as a part of the floodway area to be maintained by
the District ,for floodway purposes in keeping with the-.
District's standards of maintenance established by the
Corps of Engineers of the U. S. Army for other floodway
areas within the City of Fort Worth, and that it will hold
the City harmless from any liability to third persons arising
out of the District 's use of the easement granted herein.
IN TESTIMONY WHEREOF, the parties have hereunto sot.
their hands this -day of
( x.u 1970.
Z
EXECUTED this —day of , 1__ ., 1970
ATTEST, TARRANT COUNTY WATER CONTROL AND
IMPROVEMENT DISTRICT NUMBER ONE
5v� 1611 BY
CITY OF FORT WORTH---/
retary.
APPRO
VED AS TO FORM AND LEGALITY:
City Attor-ney
EXHIBIT "A"
The following Lots in the additions shown conveyed to City
of Fort Worth, Tarrant County, Texas by deeds shown in tabulation in
11. G. Ellis Addition to the City of Fort Worth, Texas , according to
plat of record in Volume 63 , at Page 19 and 20 of the Plat Records
in the office of the County Clerk of Tarrant County, Texas .
Lots 9 , 10 , 11, 12 , 13
14 , 15 and 16 Block 38 Vol. 2354 Page 510
Lot 3 Block 39 Vol. 1534 Page 269
Lots 4 & 5 Vol. 313 Page 100
Lot 6 Vol. 1505 Page 280
Lots 7 , 8 & 9 Vol. 1286 Page 444-
Lot 10 Vol. 1605 Page 281
Lots 11 6 12 Vol. 1236 Page 444
Lots 13 , 14, 15 , 16 ,
17, 18 & 19 Vol. 313 Page 100
Lots 20 , 21, 22 , 23 &
24 Vol. 1505 Page 509
Lots 22 , 23 & 24 Block 42 Vol. 1286 Page 444
Lots 1, 2, 3, 4, & 5 Block 43 Vol. 1286 Page 444
Lot 19 - South 101 Vol. 1286 Page 444
Lots 20 , 21, 22, 23 & 24 Vol. 1286 Page 444
Lots 1 and 2 Block 44 Vol. 1505 Page 407
Lots 3 & 4 Vol. 1559 Page 513
Lot 5 Vol. 1645 Page 390
Lots 18, 19 , 20 , 21 & 22 Vol. 1645 Page 390
Lots 23 & 24 Vol. 1448 Page 521
Lots 4, 5 , & 6 Block 45 Vol. 1624 Page 138
Lot 7 Vol. 1505 Page 497
Lot 8 Vol. 2530 Page 367
Lots 9 , 11 & 12 Vol. 1624 Page 138
Lots 15 , 16 , 17 6 18 Vol. 1624 Page 138
Lot 19 Vol. 1517 Page 459
Lot 20 Vol. 1505 Page 410
Lot 21 Vol. 1846 Page 286
E 1/2 of Lot 7 Block 46 Vol. 1505 Page 408
N 1/2 of Lot 7 Vol. 1517 Page 102
E 1/2 of Lot 8 Vol. 1505 Page 408
Lot 9 Block 46 Vol. 1505 Page 409
Lot 10 Vol. 1505 Page 408
W 1/2 Lots 11 & 12 , all
Lot 14 Vol. 1505 Page 276
Lot 15 Vol. 1505 Page 409
Lots 16 & E 1/2 Lot 17
W 1/2 Lot 17 Vol. 1505 Page 277
Lots 10 & 9 Block 47 Vol. 1505 Page 278
Lot 13 Vol. 1518 Page 69
Lot 16 Vol. 1704 Page 570
Lots 1, 2 , 3 6 4 Block 53 Vol. 1505 Page 496
Lot 5 Vol. 1584 Page 378
Lot 6 Vol. 1505 Page 282
Lot 7 Vol. 1624 Page 138
Lot 8 Vol. 2510 Page 612
Lot 9 Vol. 1505 Page 403
Lots 10 , 11, 12 6 13 Vol. 1505 Page 507
Lots 14 5 15 Block 53 Vol. 1638 Page 487
Lot 16 Vol. 2510 Page 620
Lot 17 Vol. 1613 Page 269
Lot 18 Vol. 15!15 Page 500
Lot 19 Vol. 1572 Page 506
Lot 20 Vol. 1515 Page 259
Lot 22 Vol. 1505 Page 492
Lot 23 Vol. 1517 Page 277
Lot 24 Vol. 2753 Page 97
Lot 25 Vol. 1505 Page 413
Lots 26 & 27 Vol. 1505 Page 277
Lot 1 Block 54 Vol. 1517 Page 102
Lot 2 Vol. 1505 Page 402
Lot 3 Vol. 2530 Page 355 .
Lot 24 Vol. 937 Page 428
Lot 25 Vol. 1505 Page 408
Lot 26 Vol. 2620 Page 138
Lot 27 Vol. 1781 Page 235
Lot 28 Vol. 2510 Page 606
Lots 29 E 30 Vol. 1505 Page 409
Lot 1 Block 74 Vol. 1964 Page 553
Lots 2, 3 8 4 Vol. 1216 Page 487
Lots 17, 18, 19 , 20,
21, 22, 23 8 24 Vol. 1216 Page 487
Lots 20, 21, 22, 23 B 24 Block 153 Vol. 1624 Page 138
Lots 3, 4, 5, 6, 7, 8,
9, 10, 11, 13, 14,
17, 18, 19, 20, 21
8 22 (Park) Block 174 Vol. 1505 Page 503
and in Oak Grove Addition to the City of Fort Worth, Texas, according
to plat of record in Volume 309, Page 59 of the Plat Records in the
office of the County Cleric of Tarrant County, Texas.
Lots 1 8 2 Block 31 Vol. 1517 Page 6
Lot 3 Vol. 1505 Page 504
Lots 4, 5, 6 , 7, 8, 6 9 Vol. 1576 Page 360
Lot 10 Vol. 1517 Page 7
Lots 11, 12, 13, 14 & 15 Vol. 1576 Page 360
Lots 16 6 17 Vol. 1517 Page 13
Lots 18, 19 8 20 Vol. 1576 Page 360
Lot 1 Block 42 Vol. 1642 Page 323
Lot 2 Vol. 1505 Page .506
Lot 4 Vol. 1505 Page' 502
Lot 5 Vol. 1505 Page 505
Lot 6 8 7 Vol. 1576 Page 360
Lots 10, 11 6 12 Vol. 2674 Page 26
Lots 17 8 18 Vol. 1576 Page 360
Lots 19 6 20 Vol. 1505 Page 508
Triangle between Block
42 and Gould Vol. 1624 Page 138
Lots 1, 3, 9, 10 , 12, 14,
15, 16, 22 8 24 Block 34 Vol. 1576 Page 360
Lots 2 6 23 Vol. 1505 Page 501
Lots 4, 21, 8 5 Vol. 1505 Page 505
Lofts 6 , 7, 8, 17, 18 ,
19 5 20 Vol. 1598 Page 202
Lot 11 Vol. 1598 Page 203
Lot 13 Vol. 1918 Page 262
Lot 1 Block 33 Vol. 2620 Page 136
Lot 2 Vol. 1576 Page 360
Lots 18 , 19 , 202 21,
22 , 23 & 24 Block 32 Vol. 1576 Page 360
Lots 1, 2 9 3 Block 43 Vol. 1505 Page 495
and in Wortli Hills Addition to the City of Fort Worth, Texas , according
to plat of record in Volume 309 , at Page 60 of the Plat Records in the
office of the County Clerk of Tarrant County, Texas.
Lots 1, 2 & 3 Block 1 Vol. 1576 Page 360
Lots 1 & 2 Block 2-.. Vol. 1584 Page 385
Lots 3 & 4 Vol. 1576 Page 360
Lot 5 Vol. 1598 Page 201
Lot 6 Vol. 2363 PA§b 298
Lots 13 , 14 & 15 Vol. 2111 Page 208
Lots 162 17 , 18 , 19 &
20 Vol. 1576 Page 360
Lot 20 Block 3 Vol. 1576 Page 360
Lots 1, 27 3 , 4 , 5 , 6 ,
7 , 8 , 9 , 14 ,
15 , 16 , 17 18 Block 10 Vol. 2363 Page 259
Lots 19 , 20 , 21, 22 ,
23 & 24 Vol. 1576 Page 360
Lots 4 & 5 Block 11 Vol. 2363 Page 259
Lots 6 , 7 & 8 Vol. 1576 Page 360
Lot 9 Vol. 2093 Page 173
Lot 10 Vol. 2206 Page 100
Lots 11 , 12 , 13 , 14 ,
151, 16 , 17 , 18 ,
19 , 9 20 Vol. 1662 Page 288
Lot 7 Block 12 Vol. 1517 Page 9
Lots 8 , 9 , 10 , 11 , 12 ,`
13 & 15 Vol. 1576 Page 360
io-x--70
City of Fort Worth Texas
Mayor and Council Communiceti
A-c b
DATE REFERENCE SUBJECT: Marine Creek Easement Agreem ent P
NUMBER
with Tarrant County Water Control and K
10/5/70 L-3326, Improvement District Number One 1 of
In accordance with the policy regarding the purchase, sale or lease of real
property, it is recommended that the Mayor be .authorized to execute an
easement agreement with the Tarrant County Water Control and Improvement
District Number One covering the City owned land along the banks of.Marine,
Creek downstream from the Marine Creek Dam.
Location
This agreement covers the City owned land along Marine Creek from the inter-
section of.Roosevelt and Angle Avenue, east of Buck Sansom Park, downstream
to the Marine Creek crossing of Ellis Avenue. Virtually all of this land
was acquired by the City in the early 1940's, following the flood of 1941,
for development and maintenance of a floodway.
Agreement
Under the terms of the proposed agreement, the City grants to the District
an easement to inundate and flood intermittently the City owned land along
the banks of Marine Creek with- storm waters impounded by or released from
Marine Creek Dam and Reservoir, together with the right of ingress and egress
for the purpose of mowing grass, removing brush .and debris and maintaining
the land. The bity further agrees not to erect any improvements 'within the
easement area ghat will interfere with the flow of water except as approved
by the District.
The District agrees to accept the land as part of the floodway area and to
maintain the area in accordance with the District's standards of maintenance
established by the Corps of Engineers of the .U. S. Army for other floodway
areas within the City-. The .District also agrees that it will hold the City
harmless from any liability for damages or injury to any other persons that,
might arise out of the District's use of the easement.
Additional Information
Approval of this agreement will relieve the City of maintenance responsibility
along Marine Creek. Insufficient attention to mowing of weeds, removal of
brush and general maintenance of the area has been a cause for numerous citizen
complaints over the years. Maintenance of.major floodways is not normally a
City responsibility, and sufficient staff and equipment to provide an accept-
able level of service has not been included in annual city budgets. The Water
District is.equipped and experienced in this work, and should be able to main-
tain this land in a similar manner to the maintenance provided on other
floodways throughout the .City.
HDM:ms
SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY
❑ APPROVED ❑ OTHER (DESCRIBE)
CITY SECRETARY
DATE
CITY MANAGER