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Home My WebLink AboutContract 8939 VOL 6097 PA,,,f 1 4,;_5 CITY SECRETARY CONTRACT COVENANT AND AGRFZMENT REGARDING STORM DRAIN WHEREAS, �eorge W. Tregre and wife, June, L. Tregre, hereby certify that they are the owners of certain real property located in the C"o-y of Fort Worth, State of Texas, said property being more particularly described as the South one-half of the East 105 feet of Lot 1, Block 3, Edgewood Place Addition to the City of Fort Worth, Tarrant County, Texas; and WHEREAS, George W. Tregre and wife, June L. Tregre, have con- veyed to the City of Fort Worth a drainage easement in, over, under, along and across a portion of the real property described above, and George W. Tregre and wife, June L. Tregre, intend to erect certain permanent improvements upon the real property described above over all or a part of said easement or adjacent thereto; WHEREAS, George W. Tregre and wife, June L. Tregre, propose to construct a swimming pool not closer than 2 feet to a storm sewer pipe presently located within the storm drain easement described in Exhibit A and construct a pool deck over said pipe. NOW, THEREFORE, George W. Tregre and wife, June L. Tregre, for and in consideration of the payment to them by the City of Fort Worth of One Dollar ($1.00) and for other good and valuable consid- eration, the receipt and sufficiency of which is hereby acknowledged, hereby agree to submit to the Director of the Department of Public Works of the City of Fort Worth for approval, all building founda- tion plans of the permanent improvements which George W. Tregre and wife, June L. Tregre, propose to construct in or adjacent to the area of the storm drain and its easement, and not to commence any OFFICIAL RECORD CITY SECRETARY FT.-M.O.RT'll, E . voi-6097 PAGIF 146 construction without 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 the terms hereof by said Director of the Department of Public Works or the City. GEORGE W. TREGRE AND WIFE, JUNE L. TREGRE further agree that in the event it becomes necessary for the City of Fort Worth, Texas, to repair or replace such storm drain, George W. Tregre and wife, June L. Tregre, shall pay all cost for the relocation and/or rebuilding of any of the improvements reason- ably required to enable the City to repair or replace the storm drain. GEORGE W. TREGRE AND WIFE, JUNE L. TREGRE further agree to and do hereby indemnify, 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 them or their agents, invitees, guests, successors or assigns to permanent or temporary improvements or to contents 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 flooding, and from and against any and all claims or causes of action of any nature whatsoever, whether real or asserted, for personal injuries (including death) or property damage arising out of or caused by the design or construction of the storm drain or of any building or structure adjacent to or over the storm drain. This covenant and agreement shall run with the land and shall be binding upon George W. Tregre and wife, June L. Tregre, any further owners, encumbrances, their successors, heirs or assigns, and shall continue in effect so long as said improve- -2- VOL 60,97 u,,447 ments remain adjacent to said easement or until released by proper authority of the City of Fort Worth, EXECUTED this r 2I��-day of �_ � �, 1976. r f e " Georg TYe Ye�,..�° � c.� June L. Tregre ACCEPTED AND APPROVED this '`==;,::day of1�t� ", 1976. CITY OF FORT WORTH By ol i Mayor ATTEST: y�, 9ecretary 'J,,c � -3- von 09 THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared George W. Tregre and wife June L. Tregre, both known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. � ' "' ��LVEN UNDER MY HAND AND SEAL OF OFFICE this r" -:. day of 1976. 'aa Notary -Pub/2Ac in and for Tarrant County, Texas THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Clif Overcash, known to me to be the person whose name is subscribed to the foregoing 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 Mayor thereof, and for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this � � � day of 1976. Notary Public in and for Tarrant County, Texas E k 'ZOO -4- voL6097 mall STATF OF TFXA COUNTY OF TARRANT 1f n m vd d e i h�otsk7Y certiY�IYcwk 4fiis instr�n�'r wv4 wma't 001 T`W7 nm ^d k^J C�F�rC102G� date amf nt the t � r, �g tlPuu�I:,Ff'A arv�s KcpnCFi n 1 @ir 01 Tar�ent county,'ura��"' o�aG+rr�+,ui9 Yurtouxa F� VSr Y EM( �0 1 N O N r w 0 w ^� w o H u rQi ro0 u u � H h H 3 -w v ^ � o 41 `� ti u O c+ bo v � Diu o� `� ° w° no H ��° �, as 0 w w ++ u c* , etl O 411 •O r,> .0 0 P4 O C7 G - City of Fort Worth., Texas Z, Mayor and Council Communicallon DATE REFERENCE SUBJECT; Covenant and Agreement to PACE NUMBER Construct a Swimming Pool Over a It 7/31/76 0-346. fio x Of 0raimT rai _._... ,.�._.....� _ � a.. w_ Mr. George W. 'firer , 2325 queen Street, Fort Worth, Texas, has requested that he 'fie allowed to construct a 40 x 20 foot swimmmmmming pool in his rear yard,, a portion of such improvements would extend over an existing 30 inch storm drain Crossing his property. The owner is 'willing ing to grant to time City an easement for such storm drain and to execute a covenant and agreement which would alloy himmm to construct the s imm ni g pool not Closer than 2 feet to the storm again pipe and construct a pool deck over said pipe. We further agrees to pay all cost for the reloca- tion and/or rebuilding of any of the improvements reasonably required to enable the City to repair or replace the storm drain, in the event it 'becommmes necessary. The owner further agrees to indemnify, and hold harmless and defend the City of port Worth, from, and against all claims or suits for damage or liability, expense, loss or damage which may be sustained during such time that the improvements are located over or adjacent to the storm drain. The Public Works Department staff: has investigated the request and recom- mends that Mr. Tregre be allowed to construct the swiming pool upon the execution of the covenant and agreement. Recommendations It is recommmmmmemxed that: l The City accept the storm drainage easement; and The City Manager be authorized to execute the, proposed covenant and agreement for construction of the swimming pool over and adjacent to the storm drain. 0 :nms SUBMITTED By- DISPOSITION BY COUNCIL. PROCESSED BY 0 APPROVED OTHER (DESCRIBE) .� w .,...._ _._... _ CITY SECRETARY DATE CITYMANAGER .,, ..,..� ..._mF....,...,�....,...._.a....�..._.�.,�..W�,.�. ..,. ....,,�..._...._.........�.� � � . �� ° .� 40me, Gwylt Assist nt City Man�.ger m: '��E;..August 4 1976 .d-ack„_ L, .Graham, ..Pub.l i c .Woxk.s .Director TIME UBJEC m ' . ,...,,...,., M DRAI N COVENANT AND AGREEMENT REGA�OING STOIC_ _ v _ -Enclosed is a copy of a Covenant and Agreement regarding storm drain approved by the City Council on July 31, 1976, (M&C C-3463) . The agreement has been executed by the owner and is now ready for execution by the City Manager. Upon execution, please return to this office so that it may be filed for record at the County Clerk's Office. If you have any questions, please let me know. JACK «i. GRAHIANI, P. BY: f . JMG:JLJ:mm �" W Enc. C4 c t r r ............................. ..... vo IINTERAJFFICI�`o (",O R'I'IESPO"I,N,"1)1'�,"",N(""E "Jack-MI.-Graham, Public Works Director DA"T F............ August 18, 1976 Jack W. Green, City Secretary T I N1 E s U HA F IV A",711 COVENANT AND AGREEMENT REGARDING STORM DRAIN Attached is the copy of a Covenant and Agreement regarding storm drain approved by the City Council on July 31, 1976, (M&C C-3463). The agreement has been executed by the owners, George W. Tregre and June L. Tregre, the Mayor, Clif Overcash, and the City Secretary, Jack W. Green. Upon filing for record at the County Clerk's Office, please return the document to the City Secretary's Office for filing in our records. Jack W. Green City Secretary JWG:dd Encloaure