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Home My WebLink AboutContract 7623 J/ AIA-1a -7'11 6 si A ol) 5,&-,.0 VJL5504 PicE664 DRAINAGE DITCH MAINTENANCE ACREEMENT cl'J'Y SECIIETARY THE STATE OF TEXAS X NTRACT KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF TARRANT WHEREAS, Reliable Coatings, Inc., is the owner of Tract A, Tarrant Industrial Addition, an addition to the City of Fort Worth, Tarrant County, Texas; and, WHEREAS, Reliable Coatings, Inc. 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, Developer proposes to dedicate to the City of Fort Worth a drainage easement which is shown as the area outlined in red on the attached diagram, which is -marked Exhibit "A" and hereby incorporated herein by reference for all purposes; NOW THEREFORE, Reliable Coatings, Inc., a Texas Corporation acting herein by and through Bill Ranne, its duly authorized President, hereinafter called "Developer", being the owner of Tract A, Tarrant Industrial Addition, an addition to thd"City of Fort Worth, Tarrant County, Texas, for and in consideration of one dollar ($1.00) to it 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 Reliable Coatings, Inc. and all future owners of the following described real property situated in Fort Worth, Tarrant County, Texas: Tract A, Tarrant Industrial Addition to the City of Fort Worth, Tarrant County, Texas, as shown on plat recorded in Volume"!W , Pagef54of the Plat Records of Tarrant County, Texas. 1. Developer covenants and agrees to maintain at all times the bed and banks of the drainage channel in the drainage easement outlined in red on the attached Exhibit "A" 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 Developer fails or refuses to correct any deficiencies or to malce any improvements in the bed and banks of the drainage channel which are necessary in tae opli.-iion of the City of Fort Worth to bring such drainage channel it�to 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 male 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 same to be done on behalf of and at the expense of Developer and to impress a lien for the cost of such work upon the real property in Tract A, Tarrant Industrial Addition to the City of Fort Worth, Tarrant County, Texas, adjacent 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, an affidavit identifying the property to be charged with such lien, stating the amount thereof, atnd making reference to this agreement. 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 arise, from the failure of Developer to maintain the bed and banks of the drainage channel in accordance herewith, or to perform any of its duties or obligations hereunder. 3. Developer covenants and agrees that no habitable building shall be erected within the drainage easement OUtlined in red on Exhibit "A", but this paragraph shall not preclude construction of other improvements within the drainage easement which do not impede drainage. -2- voL.5504 ?&, W5 J HAM vu,,,5 ti 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 at an elevation less than two feet above the maximum depth of water in the drainage charm el which would occur during a fifty (50) year frequency flood. 5. Developer agrees that the move described real property abutting the drainage channel will not be subdivided into smaller 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 a lien upon such parcels or tracts for the cost of such improvements and Indemnifying the City of Fort Worth, its agents, servants and employees from and against all cost, expenses, losses, damages, claims or causes of action whatsoever arising, or which might arise, from the failure of such future owners to maintain the bed and banks of the 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 pursuant thereto shall be void. 6. As the land in the vicinity of the subject property is further developed for use and the natural flow of storm and surface water is law- fully diverted from the subject property and/or channelized in accordance with then existing standards of the City of Fort Worth this agreement may be voided and/or the width of the above described easement may be narrowed upon approval of the City Council of the City of Fort Worth. In the event that all or a sufficient amount of the flow of storm and surface water is lawfully and permanently diverted from the subject property so that the above described easement is no longer necessary or desirable in the opinion of the City, the City of Fort Worth agrees to release and discharge Developer from this agreement. -3- ............... .......... , !fib ti Wroxwry.. OVo- ' s ..w. ,y 'f{ it"s µ a re 3 R m� l•�i �Y.�k„n ,u�� I�� ,am ,.�'^ ,I� "� "�. ro f,'s ",mr'&�.,V'�.� �'.�",W�.;..R p�w1�.m✓D"�G��'�` ��V N'.�r�>t"^'�f "'��Y err k� 1,10, AN r"l"k Ak✓emsr 'f ,l r PIC Pell „� r 7 //ii „i�G,,,/,,,:./ ai,�,�ia; / iii%/%l1/ r,,,,i/i,..ti�i i�,c,,,,,,,%Gii%r ,,,,,o,,� , The above covenants and agreements shall consitute a 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 in red on the attached Exhibit "A", and hereby incorporated herein by reference for all purposes. EXECUTED THIS kc"T DAY OF e�Sj!a W A.D., 191 6 /f 1'7' THE STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, on this day personally appeared OL.^v% known to be the person whose name is subscribed to the foregoing instrument and acknow- ledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAT, OF OFFICE, this day of Ij A.D., 1913 Notary Public in an for Tarrant County, Texas. anfmzr" r 0 -4-