HomeMy WebLinkAboutContract 9699 No.. Iq
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FOR C"�pia 5TE' u GK [�wL l�
Date Approved By Council
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DRAINAGE MAINTENANCE AGREEMENT CORY S''EC "�ARY
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THE STATE OF TEXAS § RT13ACT
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
WHEREAS, Chris Hawkins is the owner of Lots 12 and 13,
Block 17, Frisco Heights Addition to the City of Fort Worth,
Tarrant County, Texas, evidenced by deed recorded in Volume
6267, Page 453, Deed Records of Tarrant County, Texas;
WHEREAS, Chris Hawkins has acquired the real property
described above and has granted to the City of Fort Worth
an easement for sanitary sewer and storm drainage purposes;
and
WHEREAS, Chris Hawkins proposes to construct a building
adjacent to or over an existing drainage channel and sanitary
sewer lying within the above described easement.
NOW, THEREFORE, Chris Hawkins for and in consideration
of the premises and of the mutual covenants and conditions
contained herein, hereby covenants as follows with the pub-
lic and the City of Fort Worth, such covenants to constitute
a servitude upon and to run with the land and be binding
upon Chris Hawkins and all future owners of the following
described real property situated in Fort Worth, Tarrant
County, Texas:
Lots 12 and 13, Block 17, Frisco Heights
Addition to the City of Fort Worth, Tar-
rant County, Texas.
1 .
Chris Hawkins, on behalf of himself and all future owners
of said real property, hereby covenants and agrees to maintain
at all times the drainage facilities and all appurtenances
within the drainage easement 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 Chris
Hawkins, or his successors or assigns, fails or refuses to
correct any deficiencies or to make any improvements or re-
pairs to the said drainage facilities or correct damage to
the drainage facilities which is necessary in the opinion of
the City of Fort Worth to bring such drainage facilities into
compliance with the current standards then in force and effect
in the City of Fort Worth within thirty (30) days after being
directed in writing by the City of Fort Worth to correct such
deficiencies or make such improvements, or to correct any
drainage problems which would drastically affect adjacent
property, then and in such event the City of Fort Worth shall
be authorized to enter in and upon said real property and to
correct such deficiencies or make such improvements or re-
pairs or cause same to be done on behalf of and at the expense of
Chris Hawkins, or his successors or assigns, and to impress a
lien for the cost of such work upon the real property described
as Lots 12 and 13, Block 17, Frisco Heights Addition to the City
of Fort Worth, Tarrant County, Texas, in order to secure reim-
bursement for such costs to the City. This cost is to be pro-
rated to each of the said lots on the basis of the ratio of the
square footage in each lot to the total square footage of both
the said lots. 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.
Chris Hawkins, on behalf of himself and all future owners ,
of said real property, hereby covenants and agrees to submit to
the Director of the Department of Public Works of the City of
Fort Worth for approval, all building foundation plans of
permanent improvements which are
p p proposed to be constructed
in. or adjacent to the area of the drainage facilitie.s and
its easement and not to commence any such construction with-
out the approval of said Director of the Department of Public
Works, but such approval shall not constitute any assumption
of liability nor any waiver of any of the terms hereof by the
said Director of the Department of Public Works or the City of
Fort Worth. The approval of the City of Fort Worth will be
granted only after detailed engineering plans and studies are
prepared and furnished to the City at no cost to the City and
the Director of the Department of Public Works of the City
finds and is of the opinion that such proposed construction
in the drainage easement will not cause flooding or create
a hazard or dangerous condition for the public. In all
matters concerning any proposed construction in said drainage
easement, the opinion of the then Director of the Department
of Public Works of the City of Fort Worth shall be final.
3.
Chris Hawkins, on behalf of himself and all future owners
of said real property, hereby covenants and agrees to 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, whether real or asserted, for personal injuries
(including death) or property damage arising out of, or which
might arise, from the failure of Chris Hawkins or any future
owners of the above described property to maintain the drain-
..
herewith, or to perform any of his duties or obligations
hereunder; and from damages of any nature resulting from
storm water overflow, erosion, earth slides, flooding
or failure of any drainage facility within the said drain-
age easement.
4.
Chris Hawkins covenants and agrees that no building
shall be erected on Lots 12 and 13, Block 17, Frisco
Heights Addition, which shall have a finished floor eleva-
tion less than one foot (1 ' ) above the top of curb of the
northwest corner of Lot 13, Block 17, Frisco Heights Ad-
dition, such minimum finished floor elevation for these
lots being 624.5.
5.
Chris Hawkins covenants and agrees that in the event
any of the above described real property is sold by him-
self or his successors or assigns that he shall notify
the purchaser or purchasers prior to such sale, by means
of a letter, of the existence and contents of this agreement.
The letter shall also reference this agreement by volume and
page as to where it is recorded in the Deed Records of Tar-
rant County, Texas.
The above covenants and agreements shall constitute a
servitude upon and shall run with the land and be binding
upon Chris Hawkins and all subsequent owners of the above
described real property.
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EXECUTED at Fort Worth, Tarrant County, Texas, on this
i
the day of A. D. 1978.
f
C ris Hawkins
ACCEPTED AND APPROVED. this the ,` ' day of
A. D. 1978.
CITY OF FORT WORTH
B
y:
ATTEST: City Manager
/ City Secretary
Lpp11O,rI,r, D`_' CIT?' COUIaCID
APPROVED AS TO FORM AND LEGALITY:
VET sc_otetalrz
Date
City Attorney
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day per-
k
sonally appeared Chris Hawkins, known to me to be the person
whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the pur-
poses and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this Alladay
of 1978.
W
'ffotary Public in and or
Tarrant County, Texas
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day per-
sonally appeared _ M , (,,, I-1 c-, I_j . known to
me to be the person whose name is subscribed to the fore-
going instrument, and acknowledged to me that he executed
the same as the act and deed of the City of Fort Worth, a
municipal corporation of Tarrant County, Texas, and as the
City Manager thereof and for the purposes and consideration
therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this L, .day
of en_ 1978.
otary 'Public in and for
Tarrant County, Texas
xOc_ .-/
�����4 City of Fort Worth,, Texas 7
®r and Council Co.mmunication
DATE REFERENCE SUBJECT: Drainage Maintenance Agreement, PAGE
NUMBER Lots 12 and 13, Block 17, Frisco Heights I of 1
2/l4/78
C-4080 lAddition
Mr. Chris Hawkins, owner of Lots '12 and 13, Block 17, Frisco Heights Addition,
proposes to construct two duplexes adjacent to an existing drainage.-ditch.
A sanitary sewer line also exists in the ditch area at the present time. Mr.
Hawkins has agreed to dedicate to the City an easement to encompass the ditch
and sanitary sewer 24-feet in width for drainage and sanitary sewer purposes.
Mr. Hawkins proposes to construct the two duplexes, one on each side of the
present drainage ditch at least one foot above the curb elevation and with
cantilevered walkways hanging over the drainage ditch. The duplexes will be
so constructed on piers so that any ponding or erosion in the ditch will not
damage the duplexes. Mr. Hawkins agrees to maintain the drainage ditch between
the two buildings at his own expense.
A covenant and agreement to the City has been executed by Mr. Hawkins which
requires the present owner and any future owners to submit to the Public Works
Director for approval all building foundation plans and permanent improvements
over or adjacent to the area of the drainage easement; and to maintain at all
times the drainage facilities and appurtenances within the drainage easement
in the evens:' of failure to correct any deficiencies the City is authorized
to enter the property and correct such deficiencies on behalf 'of and expense of
the owner and ro impress a lifen to the cost of such work ma the. property. ,
Pc Bawkins agrees to indemnify, hold harmle�-; and deferid, the City from any
i iti _t�rpa,
(:Iaims or suits for damage or liabilit') I 'I. . the-si improvements
located over or adjacent to rbe channt--.1,, The covenalit. and agreement shall
run with the 1'anL and shail,]. s3e 1,j.ndj-_g, i�pon t1r, liav'lcins or arLY future owners
or successors until released by the City9
Recommendations
lc is recommended that the izovenant and agreement regtlrdjng maintenance of
nhe drainage channel and the 24-foot -tvide drainage and sanitary sewer
easements both executed by Mr Chris HawkinE be acc :pted and approved and
the Mayor be authorized to execute the covenant and agreement on behalf of
City
X,
A t tachmen t
SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY
1\1 2 1 ❑ APPROVED OTHER (DESCRIBE)
e' CITY SECRETARY
DATE
CITY MANAGER