HomeMy WebLinkAboutContract 14010 CITY 88.0I.CTAk'Y
CONTRAC1 FW�0
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
CITY SECRETARY
CONTRACT W.--®
THE STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS THAT:
i
WHEREAS, Lots-1-15, Block 11-BR, Jinkens Heights an Addition to the City of
Fort Worth, Tarrant County, Texas according to Plat recorded in Volume 388 175 Page
20, Tarrant County Plat Records; and
WHEREAS, CRESTRIDGE JOINT VENTURE 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
extends across Lot 15, and is shown as the area outlined on the attached diagram,
which is marked Exhibit "A' and hereby incoraporated herein by reference-for all
purposes;
NOW THEREFORE
CRESTRIDGE JOINT VENTURE, of Tarrant County, Texas, being the owner if Lots
1-15, Block 11-BR, Jinkens Heights Addition to the City of Fort Worth, Tarrant
County, Texas her-einafter called "Developer", one dollar 00/100 ($1.00), to him in
hand paid by the City of Fort Worth, and other good and valuable consideration, the
receipt and such sufficiency of which is hereby acknowledged, hereby covenants as
follows with the public and the City of Fort Worth, such convenants to constitute a
servitude upon and to run with the land and be binding upon CRESTRIDGE JOINT
VENTURE, and all future owners of the following described real property situated in
Fort Worth, Tarrant County, Texas:
Lots 1-15, Block 11-BR, Jinkens Heights Addition, to EWMITH, l
the City of Fort Worth according to Plat Recorded SECRETARY
in Volume 388-175, Page 20, Tarrant County Plat Records.
1.
Developer convenants and agrees to maintain at all times the bed and banks of
the drainage easement outlined in the attached Exhibit "A" in accor dance with the
current standards then in force and effect'in the City of Fort Worth at no expence
to the City of Fort Worth. In the event Developer fails or refuses to correct any
deficiencies or 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 channel
of drainage channel into compliance with the current standards for such channels
I
i
then in -force and effext in the City of Fort Worth within 60 days after being
directed in writing by the City of Fort Worth to correct such deficiences or make
such improvements, then and in such event the City of Fort Worth shall be authorized
I
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 defi ciencies or to make any impro
vements in the bed and banks of the drainage channel which are necessary in the opi
nion of the City of Fort Worth to bring such 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 deficien cies or make improvements or cause same to be done on behalf of
and at the expense of the Developer and to impress a lien for the cost of such work
upon the real property in Lots 1-15, Block 11-BR, Jinkens Height, 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 iden lifying the property to
be charged with such lien, stating the amount thereof, and making reference to
this agreement.
2.
Developer convenants and agrees and does hereby identify, 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 or any future owners of the above
described property to maintain the bed and banks of the drainage channel in accor-
dance 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 on Exhibit"A", but this paragraph shall not preclude
construction of other improvement 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 .ease—
I
I
ment which shall have a finished floor at an elevation less than one
foot 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
I
between the City of Fort Worth and 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 tracts for the cost of such par-
cels 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-sub-divide said real property without first
complying herewith and any purported cogni zance made pursuant thereto
shall be void.
The above covenants and agreements shall constitute a ser-
vitude upon and shall run with the land and be binding upon the
Developer and all subsequent owners of the above described real pro-
perty abutting the drainage easement outlined on the attached, Exhibit
and hereby incorporated herein by reference for all purposes.
EXECUTED THIS :50 DAY OF A.D.
CRESTRIDGE JOINT VENTURE
BY
Morris R ers, Venturer
ATTEST:
Before me, the undersigned, a Notary Public, on this day personally appeared
Y"6mV—\G--2OD CqEU5 known to me to be the person and venturer
whose name is subscribed to the foregoing instrument and acknowledge to me that
I
the same was the act of the said CRESTWOOD JOINT VENTURE a joint venture, and
that he has executed the same as the act of such venture for the purposes and
consideration therein expressed, and in the capacity therein stated.,
Given under my hand and seal of office, this ICJ= day of
A.D. 19 .
Notary Public, State of Texas
My commission expires the _ day of v _ , 19 COD
Accepted and approved this day of Vc/`v
1984.
CITY OF FORT WORTH, TEXAS
Y�
Titl .
ATTEST:
������, �/����p�,� APPROVED BYSC,I�'P•l' COUNCIL
City Secretary
i y Secretary
APPROVED AS TO FORM AND LEGALITY: Date
A� r
r
•ity A tonne .
BEFORE ME, the undersigned, a Notary Public in for said
County and State, on this day personally appeared IgAn
, of THE CITY OF FORT WORTH, a Texas
home rule municipa corporation, known to me Co be the person
and officer whose name is subscribed to the foregoing
instrument, and acknowledged to me that the same was the act of
the said CITY OF FORT WORTH, and that he, executed the same as
the act of said municipal corporation, for the purposes and
consideration therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the S 7�k day
of (3't�\ 1984.
Notar Public in and for
arrant County, Texas
My Commission Expires:
/ �02 O
U N P L A T T E D i BLOCK Z'
IAELVIN B. SHULER, 1114C.
DRIVE
A=_4°39
R 53.
BASSWOOD T N89*55'52 E
-C, T= 23-9 5.0 1 1?
L=2.47.83' :w
-60.08 L 60-03 66.5 co so
N 85*WE 205.1, L L N.9
"j, 85,70 all OVERFLOW ESMT. ui
—0
0
m
6 7 C;
?10 8 9
F.F. 720.0 0 0,1 c
5- 0 0
it
S.89*56'W 1 g I F.F.721,0 F,F.720,5 F.F.720.5
1-0 0,
1 F. 8z llw\ 10'UTILITY"ol EASEMENT-
z
I w miz
w 60.0---'-T--60.0'--- -'60:0•-_
•
1 1 q W b� i- -j
O 5 N 0
f-
it _0 F.
IN - F 714.0
10
QDj S 89'*56*W w I F.F. 718.5
In
I&F
LC;C K I 1--8 1 110.0,
tI : j S 89*56'W 129.74'
'o -ij I I: ,• 3 1
C; n�-C0�
f- 4 1z w
F.F.710.0 01 Vco
,
1 15 F.F. 713.0 Q; - I
S 89p56* :w co
107.0'
BLOCK I I-B-R
o.w
1,0 z
0 IV 0
?, -0
_j 0
_4 w F F. 709.0 /�`
F.F. 709.0 p I- I
F 1 0 7.8 110.0,
Z 0 889°56'W 1 0 , , ,,,85,
0 16F jl _0 4
5T—� N 4
Z 4—5
1 5
m
C! � W
-t 0 D.T
Z W S' 13 W (" /'�`�
It
qr
F,F. 709.0 F.F. 709.0
S 89056'w 98.0
---
167.0- F-S89°56'W 116.64'
F.F.707.5 F.F,709.0
0
DRAINAGE 14 --k
EtMT. I
0,too;rco) --\.?I I cl,
0 SEME
.0 ----109.95=--_--- --M L so
.g.
S 89*56'W 356.46' ct
NOT!
I. IR
B LOG K I I AR 2. BL
Z(
1 1--,K E.,
N S H EE I I(I H T S A D D i T I
VOL 188-9'2. PG.2 1
4. U
At
5. F
&STRICTION
uiiii"or ANY TYPE EXCEEDI"
J14j"IMCLU DINGjWT,40T LIMITED
1.11I6N11,711IES,3MIIUI13,CARS,
4 91 PLACED 04 RECONSTFUCTED
1,11scon AS III SHOwN ON TWX PLAT.
'I WILL.0"Alk EFFECT LM7tL
199'ov THE CITY COL04CIL Of
TY acrtITTED. FL O-
NO.
or
WIP
AFT
St
City ®f' Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT: Drainage Channel Maintenance PAGE
NUMBER Agreement Between the City of Fort 1
9/25/84 *C-8635 Worth and Crestrid e Joint Venture i °f
Crestridge Joint Venture, the Developer of Lots 1-15, Block 11-BR, has provided
an earthen drainage channel and drainage easement southward from Basswood Drive,
approximately 430 feet, as shown on the attached exhibit. The subject agreement
commits the developer to perpetual maintenance of the drainage channel to City
standards and also holds the City harmless from any claims that may result from
improper channel maintenance.
Recommendation
It is recommended that the Mayor be authorized to execute the channel
maintenance agreement for Lots 1-15, Block 11-BR, Jinkens Heights Addition.
DAledl
SUBMITTED FOR THE
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
nFFICE BY: r-1 APPROVED
ORIGINATING ❑ OTHER (DESCRIBE)
DEPARTMENT HEAD: Gary L. Santerre CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT: Bob Green Ext. 7907 DATE