HomeMy WebLinkAboutContract 7969 vot-5679 --,-a �2 CITY SECRETARY
CONTRACT Nolf-6-1
DRAINAGE DITCH MAINTENANCE AGREEMENT
THE STATE OF TEXAS I
I KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF TARRANT I
WHEREAS, Shady Oaks School, Inc., a corporation represented by
Richard D. Walker, its duly authorized president, is the owner of Lot 1R
Block 11-AR, Jinkens Heights Addition, an addition to the City of Fort
Worth, Tarrant County, Texas; and,
WHEREAS, Shady Oaks School, Inc. , 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 extends from the north
property line of Lot lVt I Block 11-AR, Jinkens Heights Addition, southwest-
ward to the southwest property line of the same Lot 1?,,and 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; and,
NOW THEREFORE,
Shady Oaks,,5chool, Inc. , of Tarrant County, Texas, being
the owner of Lot IR,Block 11-AR, Jinkens Heights Addition, an addition
to the City of Fort Worth, Tarrant County, Texas, hereinafter called
"Developer", for and in consideration of one dollar and 00/100 ($1.00)
cash in hand paid to Richard D. Walker, its duly authorized president,
by ta p 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 Shady Oaks School, Inc. , and all future owners of the
following described real property situated in Fort Worth, Tarrant
County, Texas:
orrICIAL RECORD
CITY SECRETARY
FT. WORTH, TEX.
1o,.5679 F,,,a 33
Lot Z16Z-1 Block 11-AIZ, Ji.k... Heights
Addition, an addition to the City of Fort
Worth, Tarrant County, Texas, as shown on
.I,
plat recorded in Volume I .Page
of 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 make any improvements in the bed and banks of the
drainage channel which are necessary in the opinion of the City of Fort
Worth to bring such drainage channel into 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 make 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 Lot I-VL,Block 11-AR, Jinkens Heights Addition, an 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, and 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
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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.
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 channel which would occur
during a one hundred (100) year frequency flood.
5.
Developer agrees that the above 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.
The above covenants and agreements shall constitute a servitude
upon and shall run with the land and be binding upon the Developer and
0
VOI FACE .15
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 UCH DAY OF t , A.D., 1914.
By
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vo,5979 ray 36
THE STATE OF TEXAS X
X
COUNTY OF TAR.RA.NT �
Before me, the undersigned authority, on this day personally
�
appeared f�� c c cah a , `bJa_ rL,, / , 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 SEAL OF OFFICE, this a a `'day of
A.D., 19'ys:
4
e
Notar Public in and for Tarrant
a.
County, Texas
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City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECt Wiintenance Agreement f or PAGE
6/12/74 C-2828 I Of
Shady, Oaks School, 'Inc. , a corporation represented by RJ,chard D. 'Walker,
its duly authorized President, owner of Lot 1-R, Block 11-&R, Jinkens
Heights Addition, has requested 'that the City of Fort Worth accept a
drainage ditch maintenance ap nt for a drainage ditch crossing
this property. All needed improvements relating to the property includ-
ing streets, street lights, water and sewer facilities, are existing
with tbe exception of storm drain facilities. The owner., proposes to enter
into a nuaintenance agreement in lieu of concrete linin�,, the drainag
ge ditch.
The maintenance agreemeat for tbe drainage ditch woul,d allow the owners to
avoid the expense of concrete lining the ditch amd would, allow the owner
'to maintain the drainage ditch as an, attractive element of the property.
The Public Works Department has no objection to the acceptance of the
drainage ditch maintenance agreentent �for this property.
Recommendation
It Is recommended that the City P,,11anager 'be authorized to accept a perpetual
drainage ditch maintenance agreement for Lot 1-R, Block II-AR, Jinkens Heights
SUBMITTED BY: WSPOSITION BY COUNCIL: PROCESSED By
APPROVED [3 OTHER (DESCRIBE)
CITY SECOETMY
CITY MANAGER
,