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Home My WebLink AboutContract 14043 CITY SECRETARY DRAINAGE CHANNEL MAINTENANCE AGREEMENT- CO.NTMCI No THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF TARRANT s WHEREAS, Chapel Creek Joint Venture owns a tract of land in the City of Fort Worth, Tarrant County, Texas; said tract of land being in.the J. McHorse i survey abstract no. 1087, and adjacent to Chapel Creek Blocks 11 thru 13; and; WHEREAS, Chapel Creek Joint Venture proposes to dedicate to the City of Fort Worth a drainage easement which 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, Chapel Creek Joint Venture of Tarrant County, Texas, being the owner of Chapel Creek Ranch, an unplatted tract of land located in the City of Fort Worth, Tarrant County, Texas, hereinafter called 'Owner", for 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 covenants as follows with the public and the City of Fort Worth, such covenants to constitute a servitude upon and to runwith the land and be binding upon Chapel Creek Joint Venture and all future owners of the following described real property'situated in Fort Worth, Tarrant County, Texas: EXHIBIT "A" CITY SECRETARY FT. WORTH, TEX. 1. Owner 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 Owner 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 the Owner and to impress a lien for the cost of such work upon the real property in Chapel Creek Ranch, an un- platted tract of land in the City of Fort Worth, Tarrant County, Texas, adja- cent to and abutting the area in the drainage channel where such work was per- formed 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, stat- ing the amount thereof, and making reference to this agreement. i 2. Owner 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, i from the failure of Owner 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. Owner 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. Owner 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 1 Ft. above the maximum depth of water in the drainage channel which would occur during a one hundred (100) year frequency flood. 5. Owner 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 Owner to subdivide said real property without first complying herewith and any pur- ported 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 Owner and all subsequent owners of the above described real property abutting the drainage easement outlined on the attached Exhibit "A", and hereby incorporated herein by reference for all purposes. EXECUTED THIS DAY OF �f o�"7 6/9�- , A.D.,'19 . Chapel Creek Joint Venture r James N� S s Managing FT turer SUBSCRIBED AND SWORN TO BEFORE ME this 12th day of September, 1984, to certify which witness my hand and seal of office. ATTEST: Not Public in an for the State of Texas My Commission Expires: 9/30/84 BY: .f, Accepted and approved I this day of v`"" _ ► 1984. CITY OF FORT WORTH, TEXAS By: Title: i ATTEST: City Secrets y APPROVED AS TO FORM AND LEGALITY: ity Attorney BEFORE ME, the undersigned, a Notary Public int�and for said County and State, on this day personally appeared Dal, A 19SS�f CIT fi2Qju &-, of THE CITY OF FORT WORTH, a Texas home rule municip 1 corporation, 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 aUNDE MY HAND AND SEAL OF OFFICE this the ` day of 1984. At� NotAry qublic in and fore Tarrant County, Texas My Commission Expires: APPROM) BY CIN COUNCIL' C- 9G7/ 1 y beore erQ /o- -� Lolw F/,y,-- 4 WE7 POINT OF COMMENCING > H W ~~POINT OF BEGINNING ! � H l3 j :T�ksEA- P17/rAVA/ < �N 10 10 .T. � Q x 70.0--3_' /IA4 a5Er(%rlrf- I.. R 917G4-7E--V °o tt ,,L'�:?.«!•;'�;;y 11.38 ety 60 p h F I E L D N O T E S L ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE J. MCHORSE SURVEY, ABSTRACT 1007, IN THE CITY OF FORT WORTH, TEXAS AND BEING A PROPOSED DRAINAGE EASEMENT FOR CHAPEL CREEK ADDITION AND BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS;' COMMENCING AT A STEEL ROD AT THE MOST WESTERLY SOUTHWEST CORNER OF CHAPEL CREEK ADDI- TION TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 388-134 ON PAGE 81 OF DEED RECORDS, TARRANT COUNTYa_TEXAS, SAID POINT BEING IN THE SOUTH RIGHT-OF-WAY LINE OF LONE PINE LANE (A 60.0 FOOT PUBLIC RIGHT-OF-WAY), SAID POINT ALSO BEING IN THE WEST BOUNDARY LINE OF SAID J. McHORSE SURVEY; SAID POINT ALSO BEING THE NORTH- WEST CORNER OF THE PROPOSED BLOCK 11 OF CHAPEL CREEK ADDITION; THENCE SOUTH 0 DEGREES 21 MINUTES 15 SECONDS EAST WITH THE WFST BOUNDARY LINE OF SAID MCHORSE SURVEY, 306.51 FEET TO A POINT AT THE SOUTHWEST CORNER OF SAID PRO- POSED BLOCK 11 FOR THE POINT OF BEGINNING OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 36 DEGREES 06 MINUTES 26 SECONDS EAST WITH THE SOUTH BOUNDARY LINE OF SAID PROPOSED BLOCK 11, 207.53 FEET TO A POINT; THENCE SOUTH 49 DEGREES 29 MINUTES 01 SECONDS EAST CONTINUING WITH SAID SOUTH BOUN- DARY LINE, 580.59 FEET TO A POINT; THENCE SOUTH 54 DEGREES 5B MINUTE•S 14 SECONDS EAST CONTINUING WITH SAID SOUTH BOUND- ARY LINE, 131.38 FEET TO 'A POINT IN THE WEST RIGHT-OF-WAY LINE OF DEAUVILLE DRIVE (A 5G.0 FOOT PUBLIC RIGHT-OF-WAY) ACCORDING TO THE PLAT OF CHAPEL CREEK ADDITION TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 388-143 ON PAGE 22 OF DEED RE- CORDS, TARRANT COUNTY, TEXAS; FIELD NOTES CONTINUED. . . . . SEE ATTACHED SHEET) .P-EV/s,F 9-5 E4 CD x, DAV/D C, MOAK * SURVEYORS, INC. SHEET 1 OF 2 CK REGISTERED PUBLIC SURVEYOR .......� P.O.BOX 1034 268-2211 ?ypQ HURST, TEXAS � 6-7-84 No. DATE 84-166DR. TYPE 3 EXk118I T "A" • I FIELD NOTES CONTINUED) THENCE SOUTH 37 DEGREES 30 MINUTES 30 SECONDS WEST WITH SAID WEST RIGHT-OF-WAY LINE, 82.68 FEET TO A POINT IN THE SOUTHERLY BOUNDARY OF THE PROPOSED DRAINAGE EASEMENT; • i THENCE NORTH 49 DEGREES 29 MINUTES 01 SECONDS WEST WITH THE SOUTH- ERLY BOUNDARY OF SAID PROPOSED EASEMENT, 815.48 FEET TO A POINT IN THE WEST BOUNDARY LINE OF SAID MCHORSE SURVEY; THENCE NORTH 0 DEGREES 21 MINUTES 15 SECONDS WEST WITH SAID WEST BOUNDARY LINE, ' 156.06 FEET TO THE PLACE OF BEGINNING AND CONTAIN- ING 1.464 ACRES OF LAND, MORE OR LESS. THI$ DESCRIPT3.ON WAS PRE- PARED FROM SURVEYS MADE BY DAVID C. MOAK SURVEYORS, INC.�'IN THE MONTH OF APRIL, 1984. .eEVis�� 9-5-8¢- �P�E OF TFx� DAVID C. MDAK * * SURVEYORs, /NC. SHEET 2 O F Z D.C. M o A K, REGISTERED PUBLIC SURVEYOR .................... ....... . i e e P.O.BOX 1034 266-2211 HURST, TEXAS s�Ic...sua� 6-7—B4 Ho. DATE 84-166DR TYPE 3 City ®f .fort Worth, Texas Mayor and Council Communication DATE. REFERENCE SUBJECT: Drainage Channel Maintenance PAGE NUMBER Agreement Between the City of Fort Worth and of 1 10/9/84 **C-8671 Chapel 1 Creek Joint Venture Chapel Creek Joint Venture, the owner of a tract of land in the J. McHorse Survey, Abstract No. 1087, has provided an earthen drainage channel and drainage easement as shown on the attached exhibit. The subject agreement commits the owner 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 subject maintenance agreement. DAI:dl SUBMITTED FOR THE DISPOSITION BY COUNCIL: PROCESSED BY CITY MANAGER'S nFFICE BY: [3 APPROVED ORIGINATING ❑ OTHER (DESCRIBE) DEPARTMENT HEAD: Gary L. Santerre CITY SECRETARti FOR ADDITIONAL INFORMATION CONTACT: Bob Green Ext. 7907 DATE