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Home My WebLink AboutContract 34415GITY SECf�E i�R� �`?�� C�NTRAC�� 8��, �._�'_.��__,� COVENANT AND AGREEMENT REGARDING STORM DRAIN WHEREAS, Centex Hoines has acquired certain real property identified as Lots 9, 10, and 11, all in Block 18, Jennings West Addition of the City of Fort Worth, Tarrant County, Texas, by deed dated March 21, 2006 froin Taylor Gandy and Max Spillar, as independent co-executors of the estate of Moorman Meador, deceased, and as co-trustees of the trust established in the last will and testament of Moonnan Meador dated January 2, 2003 admitted to probate in case no. 03-2807-2, Probate Court No. Two of Tai-��ant County, Texas, and being recorded in the Deed Records of Tarrant County, Texas, as Instrument No. D206084890; and WHEREAS, the above-referenced conveyance was subject to a twenty-foot easeinent of long standing for an existing concrete arch storm drain reported to be 7.0 foot by 8.5 foot running diagonally north-west to south east across said Lots 11, 10, and 9; and WHEREAS, Centex Homes proposes to construct a building on, over, and across the easement containing the described storm drain. NOW, THEREFORE, Centex Homes, acting hei-ein by and through its Managing General Pai-tnei-, Centex Real Estate Corporation, for and in consideration of the mutual covenants and conditions contained herein, hereby agrees to submit for approval to the Director of the Department of Public Works of the City of Fort Worth all building foundation plans of the permanent improveinents that it proposes to construct in, over, upon, or adjacent to the area of the twenty-foot easeinent containing ��1�!� �� tY� �� % ��, ��. storin drain and it shall not coininence any construction without the approval of the Director of the Departinent of Public Works of the City of Fort Worth; PROVIDED, HOWEVER, such approval shall not constitute any assuinption of liability nor any waiver of any of the tei�ns hereof by the Director of the Department of Public Worlcs or by the City of Fort Worth. Centex Homes further agrees that if it becomes necessary for the City of Fort Worth, Texas, to repair or replace the storm drain in its present location, Centex Homes or the successor owner of the land shall elect either (i) to pay all costs for the relocation and/or rebuilding of any of the improvements to the land it contemplates, the removing or demolition of which is reasonably required to enable the City to repair or replace the storm drain, provided, however, Centex Homes shall not be responsible for any other costs associated with the City's repair or replacement of the stoi-m drain, or (ii) to relocate the storm drain. If it elects to relocate, it shall relocate the storm drain on the following conditions: 1, all costs for the relocation shall be paid by the owner of the land; 2. all plans for design and construction for the relocation shall be submitted for approval to the Director of the Transportation & Public Works Departinent; 3. construction of the relocated stonn drain shall not begin without the approval of the Director of the Transportation & Public Works Departinent; and 4. the relocated storm drain shall be of equal capacity as the existing storm drain. The owner of the land shall not be responsible for any costs due to oversizing or otherwise modifying the storm drain. If a party other than Centex Homes (be it the City of Forth Worth or a third party developer with the City's approval) deterinines to replace the storm drain by relocating 2 the storm drain to another location such that none of the then iinprovements on the land must be removed or deinolished, then Centex Homes shall not be responsible for any costs associated with such replacement and relocation of the storm drain. Ce�ztex Ho�aes further agrees to a�zd does hereby indenznify, hold harmless, and defend the City of Fort Worth, Texas, its officers, agents, and ef�zployees, fNom and against (i) asiy and all claims or suits for danaage or liability, expense, loss, or damage that nzay be sustained by Ce�ztex Homes or its custonters, employees, licensees, or invitees to perhzaneslt or• tempof�ary improvements or to co�ztents as a result of the inaproveme�zts of� contents being located over or adjacent to the stot•nz drain whether such liability, expense, loss, of• damage f�esults from any structural failure of the storm draisz of� fro�: flooding, as well as frona and agaitzst any a�zd all such claims or causes or action of any nature whatsoever, whetlzer real or asserted, for pef•sonal inju�ies (including death) or property danzage arising out of o� caused by the building or structure being adjacent to or over the storm drain, and (ii) any and all damage to the existi�zg storna drain Nunning under said Lots 9, IO and 11 to the extent caused by any futuNe develop�zent or constf�uction activities on such property conducted by Centex Hontes or one of its enaployees, agents or contractors. This covenant and agreement shall run with the land and shall be binding upon and run to the benefit of Centex Homes and any future owners of the land, and shall continue in effect so long as the building or improvements conteinplated herein shall remain on or over the easement or until released by proper authority of the City of Fort Worth, Texas; provided, that upon a sale of the land by Centex Hoines or any future owner, Centex Homes or such other selling owner shall have no further liability or obligation under any 3 provision of this instrument for any event, circumstance, claim, cause of action, damage, cost, loss or liability of any nature or lcind that accrues or arises after the date of such sale. This instrument is not intended to and shall not confer any benefit or rights upon a person not a party to this instruinent. PROVIDED, HOWEVER, that Centex Homes or any successor owner has the option and right exercisable at any tiine to relocate the storin drain to another location within the land or through a public street or right of way, subj ect to the following sentence. If Centex Homes or any successor owner chooses to relocate the storm drain, it shall relocate it on the following conditions: 1. all costs for the relocation shall be paid by the owner of the land; 2. all plans for design and construction for the relocation shall be submitted for approval to the Director of the Transportation & Public Works Departinent; 3. construction of the relocated storm drain shall not begin without the approval of the Director of the Transportation & Public Works Department; and 4. the relocated storin drain shall be of equal capacity as the existing storm drain. The owner of the land shall not be responsible for any costs due to oversizing or otherwise modifying the storm drain. This instrument replaces and supersedes in its entirety that Covenant and Agreement Regarding Storm Drain dated September 6, 1978, and recorded in Voluine 3141, Page 756 of the Deed Records of Tarrant County, Texas. � �� { �, _ ,, r DATED THIS -�k� day of � � �_ `` • , 2006. [sig�zatzcres on following pagesJ ��1'�� s��:'� 4 ��' ��r��1� �Y. �`��r��, ��, ATTEST: : Asst. Secretary, Centex Homes CENTEX HOMES, a Nevada general partnership By: Centex Real Estate Corporation, its Managing General Pat�tner By: ,:� � Steven H. Magee Vice President of Land �' Dallas/Fort Worth Metro Division CITY OF FORT WORTH , BY ,` — -- Assistant ity Manager , �. ;';�J -` 1 �{- ATTEST: � �. Contrac�� +uthoriza�tioa • %!��_�!��,.� I Date Cit Secretary APPROVED AS TO FORM AND LEG� LITY: • l�v� 1 Assistant City Attorney s Q��1W� �� i�"� ��1� ��, ��'�u?��, i��3. THE STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared Steven H. Magee, Vice President of Land Dallas/Fort Woi�th Division of Centex Real Estate Coiporation, Managing General Pai-tner of Centex Homes, a Nevada general partnership, 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 Centex Homes, for the purposes and consideration therein expressed and in the capacity therein stated. ,��-,, _IVEN LJNDER MY HAND AND SEAL OF OFFICE, this �� day of (� ��u �:�- �,�,,..,,� WENDY HAZElWOOD �NOTARYIINIICSfAiE0F1E11As b COMMIS�IOM E%�IRES: ��"FOF�� OCTOBER 28, 2007 THE STATE OF TEXAS COUNTY OF TARR.ANT , 2006. r �� - -� � ,. Notary Public n an fo e State of Texas � �� BEFORE ME, the undersigned authority, on this day personally appeared Marc Ott, known to me to be the person whose name is subscribed to the foregoing instiument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Woi-th, a municipal corporation of Tan•ant County, Texas, and as the Assistant 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 �� day of ,��-��> v�=Z�� , 2006. ��7�L ,-�:-`%.... ��GL�2��--;r' ��yPy/' ROSELLqBAANES Notary Public in and for the State of Texas �ZR �: '-*' '�` MY COMMISSION EXPIRES ".?,;y; ;�'e` Mart:h 31, 2009 � ��'�� 'v��i �1�� 5�� `�� , ��'��:��i, �� oL � Page 1 of 2 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/12/2006 DATE: Tuesday, December 12, 2006 LOG NAME: 2020SWM CORR REFERENCE NO.: **C-21874 SUBJECT: Authorize the Execution of a Covenant and Agreement with Centex Homes to Permit Building Over the City's Storm Drainage Easement Located West of Henderson Street between Texas and West Tenth Streets RECOMMENDATION: It is recommended that the City Council authorize the City Manager covenant and agreement with Centex Homes to permit building over the located west of Henderson Street between Texas and West Tenth Streets. DISCUSSION: to authorize the execution of a City's storm drainage easement In 1978, the City agreed to allow Moorman Meador to construct improvements on his property over a twenty-foot easement containing a City storm drain. The Meador property is located west of Henderson Street between Texas and West Tenth Streets. The agreement between the City and Meador stated that Meador would be responsible for the cost to repair or to replace any of his improvements if the improvements were damaged in the course of the City making any future repairs to the storm drain. The agreement also stated that these terms would apply to any future owners of the property. Centex Homes acquired the Meador property in addition to adjacent property for development. The agreement recommended by this M&C will formally transfer the terms and obligations of the Meador agreement to Centex Homes. In addition, it will obligate Centex Homes to: 1. Pay "in-kind" costs to relocate the line if, at any time in the future, it desires to have the storm drain line relocated around their property. 2. Pay the cost to repair the storm drain if it is damaged by the construction of any improvements within the easement. The Transportation and Public Works Department recommends this action in accord with the counsel of the Department of Law. FISCAL INFORMATIONlCERTIFICATION: The Finance Director certifies that the action will have no material effect on City funds. TO Fund/Account/Centers Submitted for City Manager's Office by: Originating Department Head: FROM Fund/Account/Centers Marc Ott (6122) Robert Goode (7801) http:Uwww.cfwnet.org/council�acket/Reports/mc�rint.asp 1/30/2007 Page 2 of 2 Additional Information Contact: Greg Simmons (7862) http://www.cfwnet. org/council�acket/Reports/mc�rint. asp 1/3 0/2007 CITY OF FORT WORTH 1000 THROCKMORTON ST FT WORTH TX 76102 ,... . ._' -c,i� .'�� r..�.ti �. -•� f.,_'�� . � : : �r;� • �'F . � ��": �� t . s .:_, 4�j � . e �k —�, � , + a •4. -t( ' . � � ` + � �" + � � i�E:-'� - �` -�t:�.,�, t �, � '� � . .. �;.' - .f •`�� .'�:!e'fk �„ ,� � �. x , .� . k r • •��s�'f� Submitter: CITY OF FORT WORTH/REAL PROPERTY - 001 ZCFV1 SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARN/NG - THIS IS PART OF THE OFFICIAL RECORD. ed For Registration: 12/28/2006 12:53 PM �Instrl�lnt #: D206409329 A 7 PGS IIIIII IIII IIIII IIIII IIIII IIIII'llll IIIII IIIII IIIII IIII IIII D206409329 $36.00 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. M L� �G: - C..-_ � ��7A,7"J� � � - ► � - � (c� �G�N� ;'i�.�,'t� _.._ �7QE �" . >�� ; � � j �� THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, on this day personally appeared Steven H. Magee, Vice President of Land Dallas/Fort Worth Division of Centex Real Estate Corporation, Managing General Partner of Centex Homes, a Nevada general partnership, known to me to be the person whose name is subsci-ibed to the foregoing instt-ument, and acknowledged to me that he executed the same as the act and deed of Centex Homes, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this i�� day of � �� , 2006. �vr�w� WENDY NAZELWOOD MOTARr PUBLIC BTATE OF TEXA� �.��t� CO�MIE�IOM E%�IREB: OCT�BER 28, 2007 THE STATE OF TEXAS COUNTY OF TARRANT � �C Notary Pub 'c in d f e State of Texas BEFORE ME, the undersigned authoi-ity, on this day personally appeared Marc Ott, 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 Tai-rant County, Texas, and as the Assistant 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 �t�� day of " r��c�� . � , 2006. �, � f��<�� ''��-• ��t�,-y.�,��>__�,/ '�'�"P"' Notary Public in and for the State of Texas `�¢ �'�= ROSELLA BqRNES =�: � :�: ,,�, : ; MY COMMISSION EXPIRES ,"�.,p; ;ti''�� Maroh 31, 2009 0 CENTEX HOMES, a Nevada general partnership By: Centex Real Estate Corporation, its Managing General Partner ; / By: / ; �� Steven H. Magee � Vice President of Land ✓` Dallas/Fort Woz�th Metro Division ATTEST: By: ,�� Asst. S�''cretary, Centex Homes �� CITY FORT WORTH r� BY: �' Assistant City ManagerT ATTEST: `� � � `y � City Secretary APPROVED AS TO FORM AND LEGALITY: � r �G . ��e Assistant City Attorney 5 C��` OL�1 � �t` Contrac't Author9.z�atio� __ ' , - � ��_�__ r�ate provision of this instrument for any event, circumstance, claim, cause of action, damage, cost, loss or liability of any nature or kind that accrues or arises after the date of such sale. This instruinent is not intended to and shall not confer any benefit or rights upon a person not a party to this instruinent. PROVIDED, HOWEVER, that Centex Homes or any successor owner has the option and right exercisable at any tiine to relocate the storin drain to another location within the land or through a public street or right of way, subj ect to the following sentence. If Centex Homes or any successor owner chooses to relocate the stonn drain, it shall relocate it on the following conditions: 1, all costs for the relocation shall be paid by the owner of the land; 2. all plans for design and construction for the relocation shall be submitted for approval to the Director of the Transportation & Public Works Department; 3. construction of the relocated storin drain shall not begin without the approval of the Director of the Transportation & Public Works Department; and 4. the relocated storin drain shall be of equal capacity as the existing storin drain. The owner of the land shall not be responsible for any costs due to oversizing or otherwise inodifying the storm drain. This instruinent replaces and supersedes in its entirety that Covenant and Agreeinent Regarding Storm Drain dated September 6, 1978, and recorded in Volume 3141, Page 756 of the Deed Records of Tarrant County, Texas. r .. �_ DATED THIS r �f� day of �•��,,�� ') �� ` , 2006. �signatZcres on following pagesJ � the stoi7n drain to another location such that none of the then iinprovements on the land inust be rernoved or demolished, then Centex Hoines shall not be responsible for any costs associated with such replacement and relocation of the stor�n drain. Centex Ho�zes further agrees to and does hereby indenanify, hold harntless, and defend tlze City of Fort Wo�th, Texas, its officers, agents, and employees, fro�z and against (i) any and all clainzs or suits for danZage or liability, expense, loss, or danzage tlzat nZay be sustained by Centex Homes or its custonzers, employees, licensees, or invitees to permanent or tenzporary improvements or to contents as a result of the inZprovenZents or contents being located over or adjacent to the stor�a drain whether such liability, expense, loss, or danzage results from any structural failure of the stor�Z drain or f�onz flooding, as well as froni and against any and all such claims or causes or actio�z of aszy nature whatsoever, whether real or asserted, for personal injuries (including deatlz) or property damage arising out of or caused by the building or structure being adjacent to or oveN the stor�z drain, and (ii) any and all damage to the existing stornz drain running under said Lots 9, 10 and II to the extent caused by any future developnzent or construction activities on such prope�ty conducted by Centex Homes or o�ie of its employees, agents or contractors. This covenant and agreement shall run with the land and shall be binding upon and run to the benefit of Centex Hoines and any future owners of the land, and shall continue in effect so long as the building or improveinents contemplated herein shall remain on or over the easement or until released by proper authority of the City of Fort Worth, Texas; provided, that upon a sale of the land by Centex Hoines or any future owner, Centex Hoines or such other selling owner shall have no further liability or obligation under any 3 storin drain and it shall not coininence any construction without the approval of the Director of the Department of Public Works of the City of Fort Worth; PROVIDED, HOWEVER, such approval shall not constitute any assumption of liability nor any waiver of any of the tenns hereof by the Director of the Departinent of Public Worlcs or by the City of Fort Worth. , Centex Homes further agrees that if it becornes necessary for the City of Fort Worth, Texas, to repair or replace the storm drain in its present location, Centex Hoines or the successor owner of the land shall elect either (i) to pay all costs for the relocation and/or i•ebuilding of any of the improvements to the land it contemplates, the reinoving or demolition of which is reasonably required to enable the City to repair or replace the storin drain, provided, however, Centex Homes shall not be responsible for any other costs associated with the City's repair or replaceinent of the storm drain, or (ii) to relocate the storin drain. If it elects to relocate, it shall relocate the storm drain on the following conditions: 1. all costs for the relocation shall be paid by the owner of the land; 2. all plans for design and subinitted for approval t Public Works Department; construction for the relocation shall be o the Director of the Transportation & 3. construction of the relocated storin drain shall not begin without the approval of the Director of the Transportation & Public Works Department; and 4. the relocated storm drain shall be of equal capacity as the existing storin drain. The owner of the land shall not be responsible for any costs due to oversizing or otherwise inodifying the storin drain. If a party other than Centex Hoines (be it the City of Forth Worth or a third party developer with the City's approval) determines to replace the storm drain by relocating � COVENANT AND AGREEMENT REGARDING STORM DRAIN C;IT'� S��R�`��`�`� �� G�NTRACi �� -� WHEREAS, Centex Hoines has acquired certain real property identified as Lots 9, 10, and 11, all in Block 18, Jennings West Addition of the City of Fort Worth, Tarrant County, Texas, by deed dated March 21, 2006 from Taylor Gandy and Max Spillar, as independent co-executors of the estate of Moorman Meador, deceased, and as co-trustees of the trust established in the last will and testament of Moorman Meador dated January 2, 2003 adinitted to probate in case no. 03-2807-2, Probate Court No. Two of Tarrant County, Texas, and being recorded in the Deed Records of Tarrant County, Texas, as Instrument No. D206084890; and WHEREAS, the above-referenced conveyance was subject to a twenty-foot easement of long standing for an existing concrete arch storm drain reported to be 7.0 foot by 8.5 foot running diagonally north-west to south east across said Lots 11, 10, and 9; and WHEREAS, Centex Homes proposes to construct a building on, over, and across the easement containing the described stonn drain. NOW, THEREFORE, Centex Homes, acting herein by and through its Managing General Partner, Centex Real Estate Corporation, for and in consideration of the mutual covenants and conditions contained herein, hereby agrees to subinit for approval to the Director of the Department of Public Works of the City of Fort Worth all building foundation plans of the perinanent iinprovements that it proposes to construct in, over, upon, or adjacent to the area of the twenty-foot easement containing the above-described