HomeMy WebLinkAboutContract 14021 DRAINAGE CHANNEL MAINTENANCE AGREEMENT CITY SECRETARY
CONTRACT. ND.L'42�—
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF TARRANT §
WHEREAS, Hollowbrook, an Addition to the City of Fort
Worth, Tarrant County, Texas; and,
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WHEREAS, Mastercraft Homes of Texas, 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 proposed to dedicate to the City of Fort Worth a
drainage easements which extends across said addition, and is
shown as the area outlined on the attached diagram, which is
marked Exhibit "A" and hereby incorporated herein by reference
for all purposes; and,
NOW THEREFORE,
Mastercraft Homes of Texas, Inc. , of Nueces County, Texas,
being the owner of Hollowbrook hereinafter called "Developer",
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, hereby
convenants 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 Mastercraft Homes of Texas,
Inc. , and all future owners of the following described real pro-
perty situated in Fort Worth, Tarrant County, Texas:
Lot 30, Block 9, Hollowbrook Addition
OFFICIAL RIEUPOR 01
WRY OFFICIAL
FT WORTH, TEX
FL WORTH, TEX
1.
Developer covenants and agrees to maintain at all times the
bed and banks of the drainage channel in the drainage easement
outlined 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 chan-
nel 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 the
Developer and to impress a lien for the cost of such work upon
the real property in Hollowbrook, 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 there-
of, 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 failure of Developer or any
future owners of the above described property 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 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
easment which shall have a finished floor at an elevation less
that 1' above the maximum depth of water in the drainage channel
which would occur during a 100 year frequency flood.
5.
Developer agrees that the above described real property
abutting the drainage channel will not be subdivided into small-
er parcels or tracts (Exclusive of condominium development) un-
less and until an agreement in writing is made between the City
of Fort Worth and the then owners thereof providing for the im-
provement 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 tract for the cost of
such improvements and indemnifying the City of Fort Worth, its
agents, servants and employees from and against all cost, expen-
ses, 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 pur-
suant thereto shall be void.
The above covenants and agreemetns shall constitute 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 on the
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attached Exhibit "A", and hereby incorporated herein by
reference for all purposes.
EXECUTED THIS �G DAY OF A.D., 19�
"7Te
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MASTERCRAFT HOMES OF TEXAS, INC.
By:
Mike ridges
President
ATTEST:
By
C(�P
i
I
Accepted and approved this day of
1984.
CITY OF FORT WORTH, TEXAS
By:
Title:
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
ity Attor ey
BEFORE ME, the undersigned, a Notary Public in and for said
County and StatW,lon his day personally appeared au' .ZvdrV
s Ci of
THE CITY OF FORT WORTH, a Te an
home rule municipal c rporation, known to me to 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 4,9"V day
of ()c�1`on 1984.
iota Public in and for
Tarrant County, Texas
My Commission Expires:
APPROVED BY CITY COUNCIL
c a-/0
i y ecretary
Date
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GRAPHIC SCALE
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PLAT OF
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City of Fort Worth, Texas
Mayor and Council Communication
DATE NUMBER CE SUBJEc6tainage Channel Maintenance Agreem nt PAGE
10/9/84 **C-8670 between the City of Fort Worth and ) of 1
Mastercraft Homes of Texas, Inc., the developer of Lot 30, Block 9, Hollowbrook
Addition, has incorporated a natural drainage channel and provided the
appropriate drainage easements in the process of platting. Also, the developer
has furnished the City with an appropriate drainage channel maintenance
agreement, which commits the developer to perpetual maintenance of the natural
drainage facility in accordance with 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 Drainage Channel
Maintenance Agreement with Mastercraft Homes of Texas, Inc.
DAI:dl
Attachment
SUBMITTED FOR THE
CITY MANAGER'S -Dawd DISPOSITION BY COUNCIL: PROCESSED BY
nFFICE BY: ❑ APPROVED
ORIGINATING ❑ OTHER (DESCRIBE)
DEPARTMENT HEAD: Gary L. Santerre CITY SECRETARY
FOR ADDITIONAL INFORWION
CONTACT: r u DTOlet Ext. 7908 DATE
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