HomeMy WebLinkAboutContract 23731 03-24-98P03 : 14 RCVD CITY SECRETARY
CONTRACT NO. cR3 73
SLOPE MAINTENANCE AGREEMENT
STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
WHEREAS, Valentin Gracia, M.D. (Owner) is the owner of 1.52 acres in the E.S. Harris
Survey, Abstract No. 688 and Lots A and B, Block 5, Mistletoe Heights, an addition to the City
of Fort Worth, Tarrant County, Texas; and
WHEREAS, Owner has placed, caused to be placed, or allowed others to place fill
material on said Property, creating a slope condition on and along the east property line, the
placement of which is alleged to be illegal; and
WHEREAS, As part of a settlement agreement in Cause No. 342-158586-95, Fort Worth
& Western Railroad. Inc. v. Dr. Valentin Gracia, Owner agreed to enter into a Slope
Maintenance Agreement with the City of Fort Worth;
NOW THEREFORE,
For and in consideration of One dollar and 00/100 ($1.00), to him in hand paid by the
City of Fort Worth, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, Owner 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 Owner and all future owners of the following described real property(the Property)
situated in Fort Worth,Tarrant County, Texas:
BEING A 2.82 ACRE PARCEL OF LAND LOCATED IN TARRANT
COUNTY, TEXAS, CONSISTING OF:
1. ALL THAT CERTAIN PORTION OF JEROME STREET VACATED
AND ABANDONED UNDER CITY ORDINANCE NO. 9642,
ADJACENT TO LOT A, BLOCK 5, MISTLETOE HEIGHTS, AN
ADDITION TO THE CITY OF FORT WORTH ACCORDING TO
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PLAT RECORDED IN VOLUME 388-59, PAGE 25, PLAT RECORDS,
TARRANT COUNTY, TEXAS;
2. LOTS A AND B, BLOCK 5, MISTLETOE HEIGHTS, AN ADDITION
TO THE CITY OF FORT WORTH ACCORDING TO PLAT
RECORDED IN VOLUME 388-59, PAGE 25, PLAT RECORDS,
TARRANT COUNTY, TEXAS; AND
3. A 1.48 ACRE TRACT IN THE E. S. HARRIS SURVEY ABSTRACT
NO. 688, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT A
ATTACHED HERETO AND INCORPORATED HEREIN.
1.
Owner covenants and agrees to, within sixty (60) days of the date hereof, bring the
Property into compliance with, and to thereafter maintain at all times on the Property the slopes
outlined and described in, the "Drainage Plan, Block 5, Mistletoe Heights" (the Drainage Plan)
dated August, 1997, prepared by Gordon Swift, P.E., File No. E-988, consisting of six (6) sheets,*
and on file in the Department of Engineering, City of Fort Worth (as File No. 1864), and with
Fort Worth and Western Railroad Company and Owner, said Drainage Plan being incorporated
herein by this reference, and in accordance with all standards in force and effect in the City of
Fort Worth at no expense to the City of Fort Worth. In the event Owner fails or refuses to
correct any deficiencies or to make any improvements to the slopes which are necessary in the
opinion of the City of Fort Worth to bring such slopes into compliance with the Drainage Plan
and standards in force and effect in the City of Fort Worth within thirty (30) days (or such lesser
amount of time in the event such condition is considered by the City to be an immediate threat to
health or safety) 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, in
addition to any other remedies available to it, be authorized to enter in and upon such slopes to
correct such deficiencies or make such improvements or cause same to be done on behalf of and
* and the Specifications and Contract Documents for Excavation Improvements to serve
MISTLETOE HEIGHTS, Block 5, Ft. Worth, Texas, dated April 1996 prepared by Gordon
Swift and addendum thereto with regard to provision for Pay Item #3.
2
at the expense of the Owner and to impress a lien for the cost of such work upon the Property 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.
Owner shall indemnify, hold harmless, release and defend the City of Fort Worth, its
officers, agents and employees and shall also release them from any claims, damages, costs,
expenses, lawsuits, causes of action or other adverse consequences related or in any way
pertaining to, directly or indirectly, the design, construction, existence or use of the banks of the
slope or to any maintenance or other obligation required of the Owner hereunder relating in any
way to the sloped area of fill located upon the Property. The foregoing provision shall apply in
any event, to the acts or omissions of Owner or any third party and shall include but not be
limited to, any claims, damages, costs, expenses, lawsuits, causes of action or other adverse
consequences, as described in said provision, resulting from the alleged negligence of the City of
Fort Worth. In addition, Owner hereby waives any right to assert claims, damages, costs,
expenses, lawsuits, causes of action or other adverse consequences against the City resulting
from or related in any way to this Agreement.
3.
Owner covenants and agrees that no habitable building shall be erected within the slope
area outlined in the Drainage Plan, but this paragraph shall not preclude construction of other
improvements within the slope area which do not impede drainage, provided written agreements
are entered into with the City of Fort Worth.
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4.
Owner covenants and agrees that no habitable building shall be erected on the Property
abutting such slope area which shall have a finished floor at an elevation less than one (1) foot
above the maximum depth of water in the adjacent drainage channel which would occur during a
one hundred(100)year frequency flood.
5.
Owner agrees that the Property 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 Owners
thereof providing for the improvement, at no expense to the City, of the slope area to the extent
deemed necessary by the City, and indemnifying the City of Fort Worth, its officers, agents, and
employees from and against all cost, expenses, losses, damages associated the slope area . It is
further agreed that any attempt by the Owner to subdivide said real property without first
complying herewith shall be void.
6.
Owner agrees to provide City with a certificate of insurance that Owner has taken out and
maintains a general liability insurance policy covering all risks related in any way to the design,
construction, existence or use of the filled area, which includes but is not limited to the sloped
areas, as well as Owner's responsibilities as described within this Agreement. The insurance
required of Owner shall be in the following amounts:
Property Damage $ 250.00
Personal Injury or Death,per occurrence $ 500.000
Owner agrees to have the amounts of such insurance revised upward on or before thirty(30) days
after receipt of written notice from the City requiring such revision. Upon request by City,
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Owner shall provide copies of said insurance policy. The requirements of this Section shall
continue in effect until such time as the Property is developed for use in accordance with City of
Fort Worth development policies, and a building permit is issued in accordance with such
development.
7.
In addition to the obligations of Owner to comply at all times with the Drainage Plan,
maintenance of the surface of the slope area shall be performed by Owner at his expense
biannually at a minimum. No trees, bushes or shrubs which may reduce the structural integrity
of the filled slope area shall be allowed at any time. If additional maintenance is needed at any
time to maintain the above described condition, it shall be the sole responsibility of the Owner to
schedule and perform the maintenance.
8.
In the event the Property is developed in the future, all City of Fort Worth development
policies shall apply, including without limitation all drainage requirements.
9.
All work to be performed by Owner hereunder shall be in a good and workmanlike
manner.
10.
The above covenants and agreements shall constitute a servitude upon and shall run with
the land and be binding upon the Owner and all subsequent owners of the Property or any
portion thereof.
5
J^�
EXECUTED this day of , A.D., 1998.
Val tin racia, M.D.
ATTEST:
0
By:
APPROVED:
FORT WORTH & WESTERN RAILROAD, INC.
By:
Title: L�11
L{ .) i
CITY OF FORT WORT
APPr AS TO I AM LDGALITYr
Assistant City At y By:
Assistant City Manager
Contract Authoriza ion - ply
Date `
6
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the unde i ed au ority, a Notary Public in and for the State of Texas, on
this day personally appeare�Z � , Assistant City Manager, known to
me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me
that same was the act of the City of Fort Worth, and that she executed the same as the act of said
city, for the purposes and consideration therein expressed and the capacity therein stated.
GIVEN ER MY HAND AND SEAL OF OFFICE the day of
91998.
* °
otary Publ' in and for the
STATE OF
State Of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
C.. , known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that same was the act of the Fort Worth and
Western Railroad, Inc., and that he executed the same as the act of said railroad, he executed the
same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE the 9-L day of
1998.
`p1PµI P(j MARLA SCHILLY \ `�
* � * Notary Public
P� STATE OF TEXAS OF my Comm Exp 11/13/2000 Notary Public in and for the
grF ��+ .
State Of Texas
7
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i
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared Valentin Gracia,
M.D., known to me to be the person whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
EN ER MY HAND AND SEAL F OFFICE this day of
• y
-44 1
1998.
JANE M.HOLDER LINDSEY
t t Notary Pub/c '
STATE OF TEXAS Notary Public in Ld for the State of Texas
,o* w CaW.W 07/27/99
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EXHIBIT A
PROPERTY DESCRIPTION
Being a 2.82 acre parcel of land located in Tarrant County, Texas, consisting
of those tracts and lots more fully described as follows:
All that certain portion of Jerome Street vacated and abandoned under
City of Fort Worth Ordinance No. 9642 lying adjacent to Lot A, Block 5,
Mistletoe Heights, an addition to the City of Ft. Worth according to plat
recorded in Volume 388-59, Page 25, Plat Records, Tarrant County,
Texas, said portion also lying South of and adjacent to a tract of land in
the E. S. Harris Survey, Abstract No. 688 and described in Volume
5199, Page 190, Deed Records, Tarrant County, Texas, said parcel more
particularly described by metes and bounds as follows:
BEGINNING at the northwest corner of Lot A, Block 5;
THENCE: South no degrees 37 minutes 01 seconds West along the
westerly line of Lot A, 109.49 feet;
THENCE: North 18 degrees 22 minutes 01 seconds West 102.0 feet to
a point in a southerly line of said tract described in Volume 5199, Page
190;
THENCE: North 69 degrees 10 minutes 20 seconds East along said
southerly line of tract 35.65 feet to the place of beginning and containing
1,816 square feet more or less;
and
Lots A and B, Block 5, Mistletoe Heights, an addition to the City of Fort
Worth according to plat recorded in Volume 388-59, Page 25, Plat
Records, Tarrant County, Texas;
and
A 1 .48 acre tract in the E. S. Harris Survey Abstract No. 688, said parcel
of land being more fully described by metes and bounds as follows:
BEGINNING at the southwest corner of said Lot B, Block 5, Mistletoe
Heights, said corner also being on the northerly right-of-way line of West
Rosedale Street and the east right-of-way line of Jerome Street;
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THENCE North along the east right-of-way line of said Jerome Street a
distance of 215.40 feet to the northwest corner of said Lot A, Block 5,
Mistletoe Heights, said corner also being on the northerly right-of-way of
said Jerome Street;
THENCE S 68130' W along the northerly right-of-way line of said Jerome
Street a distance of 70.9 feet to the southwest corner of said 1 .52 acre
tract, said corner also being on the west right-of-way line of said Jerome
Street;
THENCE North 596.7 feet to the north corner of said 1 .52 acre tract,
said corner also being on the westerly right-of-way line of the St.
L.S.F. & T. R.R.;
THENCE along said west right-of-way line of the St. L.S.F. & T. R.R. as
follows:
S 23155'; E 475.9';
S 21 °16' E 74.1';
A curve to the right with radius of 1,363.25', long chord bearing
S 14004'25" E 341 .4', an arc length of 342.0' to the southeast corner
of said Lot B, Block 5, Mistletoe Heights, said corner being on the
northerly right-of-way line of West Rosedale Street;
THENCE N 78017' W along said northerly right-of-way line of West
Rosedale Street a distance of 241 .90 feet to the Point of BEGINNING,
SAVE AND EXCEPT that portion of the above property containing
approximately 1,776 square feet of land conveyed to the City of Fort
Worth by Special Warranty Deed dated August 11, 1986, recorded in
Volume 8672, Page 1281, Real Property records of Tarrant County,
Texas, more particularly described by metes and bounds as follows:
BEGINNING at the southwest corner of said Garcia Tract, said point
being in the east line of Lot 1, Block 6-R, Mistletoe Heights Addition
according to plat recorded in Volume 388-160, Page 42, Plat Records,
Tarrant County, Texas, said point bears North no degrees 37 minutes 01
seconds East, along the east line of Block 6-R, 175.63 feet from its
southeast corner;
THENCE: North no degrees 37 minutes 01 seconds East along the west
line of the Garcia tract and the east line of Block 6-R, 108.27 feet to a
point in a chain link fence;
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THENCE: South 18 degrees 22 minutes 01 seconds East in a projection
of said chain link fence 100.87 feet to a point in a southerly line of said
Garcia Tract described in Volume 5199, Page 190;
THENCE: South 69 degrees 10 minutes 20 seconds West along said
southerly line 35.25 feet to the place of beginning and containing 1,776
square feet of land more or less.
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EXHIBIT A
PROPERTY DESCRIPTION
Being a 2.82 acre parcel of land located in Tarrant County, Texas, consisting of those
tracts and lots more fully described as follows:
All that certain portion of Jerome Street vacated and abandoned under City of
Fort Worth Ordinance No. 9642 lying adjacent to Lot A, Block 5, Mistletoe
Heights, an addition to the City of Ft. Worth according to plat recorded in
Volume 388-59, Page 25, Plat Records, Tarrant County, Texas, said portion also
lying South of and adjacent to a tract of land in the E. S. Harris Survey, Abstract
No. 688 and described in Volume 5199, Page 190, Deed Records, Tarrant
County, Texas, said parcel more particularly described by metes and bounds as
follows:
BEGINNING at the northwest corner of Lot A, Block 5;
THENCE: South no degrees 37 minutes 01 seconds West along the westerly line
of Lot A, 109.49 feet;
THENCE: North 18 degrees 22 minutes 01 seconds West 102.0 feet to a point
in a southerly line of said tract described in Volume 5199, Page 190;
THENCE: North 69 degrees 10 minutes 20 seconds East along said southerly
line of tract 35.65 feet to the place of beginning and containing 1,816 square feet
more or less;
and
Lots A and B, Block 5, Mistletoe Heights, an addition to the City of Fort Worth
according to plat recorded in Volume 388-59, Page 25, Plat Records, Tarrant
County, Texas; and a 1.48 acre tract in the E. S. Harris Survey Abstract No.
688, said lots and tract of land together being more fully described by metes and
bounds as follows:
BEGINNING at the southwest corner of said Lot B, Block 5, Mistletoe Heights,
said corner also being on the northerly right-of-way line of West Rosedale Street
and the east right-of-way line of Jerome Street;
THENCE North along the east right-of-way line of said Jerome Street a distance
of 215.40 feet to the northwest corner of said Lot A, Block 5, Mistletoe Heights,
said corner also being on the northerly right-of-way of said Jerome Street;
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THENCE S 68°30' W along the northerly right-of-way line of said Jerome Street
a distance of 70.9 feet to the southwest corner of said 1.52 acre tract, said corner
also being on the west right-of-way line of said Jerome Street;
THENCE North 596.7 feet to the north corner of said 1.52 acre tract, said corner
also being on the westerly right-of-way line of the St. L.S.F. & T. R.R.;
THENCE along said west right-of-way line of the St. L.S.F. & T. R.R. as
follows:
S 23°55'; E 475.9%
S 21°16' E 74.V;
A curve to the right with radius of 1,363.25', long chord bearing S 14°04'25"
E 341.4', an arc length of 342.0' to the southeast corner of said Lot B, Block 5,
Mistletoe Heights, said corner being on the northerly right-of-way line of West
Rosedale Street;
THENCE N 78°17' W along said northerly right-of-way line of West Rosedale
Street a distance of 241.90 feet to the Point of BEGINNING, SAVE AND
EXCEPT that portion of the above property containing approximately 1,776
square feet of land conveyed to the City of Fort Worth by Special Warranty Deed
dated August 11, 1986, recorded in Volume 8672, Page 1281, Real Property
records of Tarrant County, Texas, more particularly described by metes and
bounds as follows:
BEGINNING at the southwest corner of a parcel of land out of the E. S. Harris
Survey, Abstract No. 688, also being a portion of a tract conveyed to Valentin
Gracia by deed recorded in Volume 5199, Page 190, Deed Records of Tarrant
County, Texas ("Gracia Tract"), said point being in the east line of Lot 1, Block
6-R, Mistletoe Heights Addition according to plat recorded in Volume 388-160,
Page 42, Plat Records, Tarrant County, Texas, said point bears North no degrees
37 minutes 01 seconds East, along the east line of Block 6-R, 175.63 feet from
its southeast corner;
THENCE: North no degrees 37 minutes 01 seconds East along the west line of
the Gracia Tract and the east line of Block 6-R, 108.27 feet to a point in a chain
link fence;
THENCE: South 18 degrees 22 minutes 01 seconds East in a projection of said
chain link fence 100.87 feet to a point in a southerly line of said Gracia Tract
described in Volume 5199, Page 190;
A-2
THENCE: South 69 degrees 10 minutes 20 seconds West along said southerly
line 35.25 feet to the place of beginning and containing 1,776 square feet of land
more or less.
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