HomeMy WebLinkAboutContract 7410 Pr
N -73
OFFICK RECOR' CITY SECRETARY
Cff I SNECRETARY COVENANT AND AGREEMENT CONTRACT N0.1�11p._
r T. W
t W181181 TM REGARDING
STORM DRAIN
James R. Murphy, hereby certifies he is the owner of cer-
tain real property located in the City of Fort Worth, State
of Texas, said property being legally described as Lots 6 and
7, Block 30, Postepco Heights Addition to the City of Fort
Worth, Tarrant County, Texas.
WHEREAS, James R. Murphy has acquired the real property
described above subject to certain easements which are set
forth in Volume 3227, Page 541, and Volume 3227, Page 542,
Deed Records of Tarrant County, Texas, for the -purpose of
storm drainage and he intends to erect certain permanent im-
provements upon the real property described above over all or
part of said easement or adjacent thereto;
WHEREAS, James R. Murphy proposes to construct a building
over an existing 66-inch storm sewer pipe within the easements
as described in Volume 3227, Pages 541 and 542 of the Deed
Records of Tarrant County, Texas.
NOW, THEREFORE,I'James R. Murphy, for and in consideration
of the payment to him by the ity of Fort Worth of One Dollar
($1.00) and for the further consideration of permission by the
City of Fort Worth to construct his pro-posed improvements within
the drainage easements as described in Volume 3227 at Pages
541 and 542 of the Deed Records of Tarrant County, Texas, and
for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, hereby agrees to
submit to the City Engineer of the City of Fort Worth for ap-
,
proval, all building foundation plans of his permanent improve-
ments, which he proposes to construct in or adjacent to the
area of the storm drainage pipe and its easements, and not to
commence any such construction without the approval of said
City Engineer, but such approval shall not constitute any as-
sumption of liability nor any waiver of any of the terms hereof
by said Engineer or the City.
James R. Murphy further agrees that in the event it be-
comes necessary for the City of Fort Worth, Texas, to repair
or replace such existing storm drain, he shall pay all cost
for the relocation and/or rebuilding or any of his improve-
ments reasonably required to enable the City to repair or
replace the storm drain.
James R. Murphy further agrees to and does hereby indem-
nify, bold harmless and defend the City of Fort Worth, Texas,
its officers, agents and employees, from and against any and
all claims or suits for damage or liability, expense, loss or
damage which may be sustained by him or his customers, employees,
or invitees to permanent or temporary improvements or to con-
tents during all such time said improvements or contents are
located over or adjacent to such storm drain whether or not
such liability, expense, loss or damage results from any
structural failure of such storm drain or from any flooding
and from and against any and all claims or causes of action
of any nature whatsoever, whether real or asserted, for per-
sonal injuries or property damage arising out of or caused by
the design or construction of the existing storm drain or of
any building or structure adjacent to or over the existing
storm drain.
-2-
This covenant and agreement shall run with the land and
shall be binding upon James R. Murphy, any future owners, en-
cumbrances, their successors, heirs or assignees, and shall
continue in effect so long as said building shall remain over
said easements or until released by proper authority of the
City of Fort Worth, Texas.
DATED this1 day of March , 1973.
'r
By r
Tr(
Accepted and approved thi`s....,,-'.,. 2 day of March
1973.
CITY OF FORT WORTH, TEXAS
Atte,st.
r
Its �'4 ki PA L%A ce e, .,
City ,Secretary
APPROVED AS TO- FORM:
5.
City Attorney
-3-
VOL � �.
vn r =re "
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day per-
sonally appeared James R. Murphy ,
known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that the same was
his act and that he executed the same for the purposes and
consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 3rd day
of March , A. D. 1973.
Moo•rison
Notary Public in and for Tarrant
County, Texas
-4-
F� �E CITY SECRETARY
011 SECRETARY COVENANT AND AGREEMENT CC'NITRACT No. ...
FT. VIURT.0 ,._ M REGARDING
STORM DRAIN
James R. Murphy, hereby certifies he is the owner of cer-
tain real property located in the City of Fort Worth, State
of Texas, said property being legally described as Lots 6 and
7, Block 30, Fostepco Heights Addition to the City of Fort
Worth, Tarrant County, Texas.
WHEREAS, James R. Murphy has acquired the real property
described above subject to certain easements which are set
forth in Volume 3227, Page 541, and Volume 3227, Page 542,
Deed Records of Tarrant County, Texas, for the purpose of
storm drainage and he intends to erect certain permanent im-
provements upon the real property described above over all or
part of said easement or adjacent. thereto;
WHEREAS, James R_ Murphy proposes to construct a building
over an existing 66-inch storm sewer pipe within the easements
as described in Volume 3227, Pages 541 and 542 of the Deed
Records of Tarrant County, Texas.
NOW, THEREFORE, James R. Murphy, for and in consideration
of the payment to him by the City of Fort Worth of One Dollar
($1.00) and for the further consideration of permission by the
City of Fort Worth to construct his proposed improvements within
the drainage easements as described in Volume 3227 at Pages
541 and 542 of the Deed Records of Tarrant County,, Texas, and
for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, hereby agrees to
submit to the City Engineer of the City of Fort Worth for ap-
proval, all building foundation plans of his permanent improve-
ments, which he proposes to construct in or adjacent to the
area of the storm drainage pipe and its easements, and not to
commence any such construction without the approval of said
City Engineer, but such approval shall not constitute any as-
sumption of liability nor any waiver of any of the terms hereof
by said Engineer or the City.
James R. Murphy further agrees that in the event it be-
comes necessary for the City of Fort worth, Texas, to repair
or replace such existing storm drain, he shall pay all cost
for the relocation and/or rebuilding or any of his improve-
ments reasonably required to enable the City to repair or
replace the storm drain.
James R. Murphy further agrees to and does hereby indem-
nify, hold harmless and defend the City of Fort Worth, Texas,
its officers, agents and employees, from and against any and
all claims or suits for damage or liability, expense, loss or
damage which may be sustained by him or his customers, employees,
or invitees to permanent or temporary improvements or to con-
tents during all such time said improvements or contents arc
located over or adjacent to such storm drain whether or not
such liability, expense:, loss or damage results from any
structural failure of such storm drain or from any flooding
and from and against any and all claims or causes of action
of any nature whatsoever, whether real or asserted, for per-
sonal injuries or property damage arising out of or caused by
the design or construction of the existing storm drain or of
any building or structure adjacent to or over the existing
storm drain.
-2-
This covenant and agreement shall run with the land and
shall be binding upon James R. Murphy, any future owners, en-
cumbrances, their successors, heirs or assignees, and shall
continue in effect so long as said building shall remain over
said easements or until released by proper authority of the
City of Fort Worth, Texas.
DATED thiska _3r4l day of March
1973.
By
Accepted and approved this &*!2 day of March
1973.
CITY aF FORT WORTH, TEXAS
Attest:
L` - � Lj_ Its
City Secretary
APPROVED AS TO FORM:
City t
-3-
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day per-
sonally appeared James R. Murphy ,
known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that the same was
his act and that he executed the same for the purposes and
consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 3rd day
of March , A. D. 1973.
Mary M. Morrison
Notary Public in and for Tarrant
County, Texas
-4-
City of For Worth, Texas
Mayor and Council Communication
DATE I REFERENCE SUBJECT: Covenant and Agree' nt to Con- PAGE
NUMBER struct a Building Over a Storm Drainage 1 1
3/12/73 11,C 1-24 1 6 1 1 Easement, Located Across Lots 6 and 7, 1 of
Block 30, Fostepco Heights Addition
The owner of Lots 6 and 7, Block 30, Fostepco, Heights Addition, desires to
erect an addition to a building over an existing 66 inch storm, sewer pipe,
located within an easement across the property. The pipe is of adequate
capacity and there is no requirement for any surface flow of water above the
pipe.
For the consideration of one dollar ($1.00) and permission by the City of Fort
Worth to construct the proposed improvements within the drainage easement, the
owner agrees to submit foundation plans for the building, designed specifically
to prevent damage to the existing 66 inch storm sewer pipe and agrees not to
coumence any such construction without the approval of the City Engineer.
The owner further agrees that in the event it becomes necessary for the City
to repair or replace the existing storm drain, the owner will pay all costs
for the relocation and/or rebuilding or any of his improvements reasonably
required to enable the City to repair or replace the storm drain.
The owner further agrees to indevinify and hold 'ha less and defend the City
of Fort Worth from and against any claims and/or suits for damage or liability ,
expense, loss or damage which may be sustained by him or his customers,
employees, or invitees, to improvements or contents and from and against any
and/or all claims or causes of action of any nature whatsoever, personal
injuries Or property damage arising out of or caused by the design or construc-
tion of the existing stom drain or of any building or s,tructure adjacent to
or over the existing storm drain.
The owner proposes to execute a covenant and agreement which shall run with
the land and be binding upon the owner or any future owners, and shall continue
in effect as long as said building shall remain over the Above mentioned ease-
ments.
Recoamendations,
It is recoumended that the City Manager be authorized to execute the covenant
and agreement with the owner of Lots 6 and 7, Block 30, Foatepco Heights
Addition.
RN L:ms
SUBMITTED BY DISPOSITION BY COUNCIL: PROCESSED BY
C3 APPROVED 0 OTHER (DESCRIBE)
CITY SECRETARY
.................... ............
CITY MANAGER