HomeMy WebLinkAboutContract 14168 CITY SECRETARY.
DEAD
DRAINAGE CHANNEL MAINTENANCE AGREEMENT CITY
SECRETARY
THE STATE OF TEXAS 1) CQII�T�A�� � , �g
KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF TARRANT
WHEREAS, Lot A-'R, Block 80, Western Hills Addition, Section 7, an `addition
to the City of Fort Worth, Tarrant County, Texas; and
WHEREAS, Stanley W. Cameron, Chief Executive Officer of Cimarron Construction
Companies 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 from Chamita Lane north
to a 40' utility and pipeline easement as recorded in Volume 631, Page 501, and
Volume 631, Page 592 D>R.T.C.T. 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,
STANLEY W. CAMERON OF CIMARRON CONSTRUCTION COMPANIES OF HOUSTON, TEXAS
being, the owner of-Lot A-R, .Block 80, Western Hi Is Addition, Section ,7,
an:-addition to the :City 'of Fort Worth, Tarrant County;, Texas, hereinafter-,- called-
"Developer'"!-5 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 ruirn wilth the
land .and, be bindind,upon''Stanley w. Cameron•f, Chief rExecut�ve: of Gimarr,on.,Cc}nst,rd tion
-Companies, and -all' future owners' of t{ie'°fc!lloWing described real °property situated
in Fort-Worth, Tarrant '�County; Texas:
RICO
My slau ,R
TEX.
FIELD NOTES
Being a parcel of land out of Lot A-R, Block 80, Western Hills Addition, Section
7, and being part of Lot A, Block 80, Western Hills Addition, Section 7, as
recorded in Volume 388-51, Page 69, Plat Records, Tarrant County, Texas and
being more particularly described as follows;
BEGINNING at a 1/2 inch iron rod found for corner at the intersection of the
north R.O.W. line of Chamita Lane (60' R.O.W. ) with the south property line of
Lot 10, Block 80 Western Hills Addition, Section 7 as recorded in Volume 5818,
Page 70 of the Plat Records, Tarrant County, Texas;
THENCE S 64 054'50" W continuing along said north R.O.W. line for a distance of
95.00 feet to a point for corner;
THENCE N 25 006'00" W for a distance of 30.00 feet to a point for corner; said
point being the beginning of a curve to the right whose center bears N 64°54'00" E,
having a central angle of 23°44' 15" , a radius of 605.00 feet and a tangent of
127.15 feet;
THENCE along said curve to the right for a distance of 250.65 feet to a point
for corner;
THENCE N 09 059'38" W for a distance of 13.52 feet to a point for corner, said
point being the beginning of a curve to the left whose center bears S 87 048'33" W,
having a central angle of 16 023'33" , a radius of 385.00 feet and a tangent of 55.45
feet;
THENCE along said curve to the left for a distance of 110.15 feet to a point for
corner;
THENCE N 18 035'00" W for a distance of 39.50 feet to a point for corner, said
point being the south line of a 40 foot utility and pipeline easement as recorded
in Volume 631, Page 501 and Volume 631, Page 592 D.R.T.C.T. ;
THENCE N 71 008' 13" E continuing along said south easement line for a distance. of
165.00 feet to a 1/2 inch iron rod found for corner, said point being the west
property line of Lot 6, Block 80 Western Hills Addition as recorded in Volume
6039, Page 951 and being the northwest corner of Block 80, Western Hil1s:Addition,
Section 7 as recorded -in Volume 5494, Page 461 D.R.T.C.T. ;
THENCE S 09 033'25" W along the west property line of aforementioned Lot 7, Block
80 and along the west property line of Lot 8, Block 80 of the Western Hills
Addition , Section 7, as recorded in Volume 5343, Page 872 of the Deed Records
of Tarrant County Texas, for a distance of 244.72 feet to a 3/4 inch iron rod
found for corner;
THENCE S 14 056129" E continuing along the west property line of aforementioned
Lot B, Block 80 and along the west property line of Lot 9, Block 80 of the Western
Hills Addition , Section 7 as recorded in Volume 5457, Page 942 of the Deed Records
of Tarrant County, Texas, for a distance of 99.03 feet to a 3/4/inch iron rod found
for corner;
THENCE S 25 021'55" E continuing along the west property line of aforementioned
Lot 9, Block 80 and along the west property line of Lot 10, Block 80 of the
Western Hills Addition, Section 7, as recorded in Volume 5818, Page 70 of the
Deed Records of Tarrant County, Texas, for a distance of 115.34 feet to the
POINT OF BEGINNING and CONTAINING 44,874.41 square feet or 1.03 acres of land
more or less.
1.
Developer covenants and agrees to maintain at all times the bed, banks and
concrete retaining wall 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, banks and concrete retaining wall 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 Developer and to
impress--a- lien for the cost of such work upon the real property in the tract of land
described above and adjacent to Block 80, Western Hills Addition , Section 7, 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 thereof, and making reference
to this agreement.
2.
Developer covenants and agrees and does hereby idemnify, 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, banks and concrete retaining wall of the
drainage channel in accordance herewith, or to perform any of its duties or obliga-
tions 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 easement which shall have a finished
floor at an elevation less than one (1) foot above the maximum depth of water in
the drainage channel which would occur during a 100 (One Hundred) 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 between the City of Fort Worth and the then owners
thereof providing for the improvement at no expense to the City of the bed, banks
and concrete retaining wall 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 idemnifying the City of Fort Worth, its agents, servants and employees
from and against all cost, expenses, losses, damages, claims or causes of action what-
soever arising, or which might arise, from the failure of such future owners to main-
tain the bed, banks and concrete retaining wall 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
f
without first complying herewith and any purported 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 Developer 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 16P DAY OF DC,-E�gcg, A.D. 19$t_.
By:
ATTEST:
By: d7 J7)T .c
LORRAIN
NOTARY PUBLIC OF TEXAS
COMMISSION EXPIRES 1Q--12--56
To Whom. It May Concern March 1, 1985
Ed Drolet of T/PW has been told by Real Property that they need the
original notary page of contract # 14168. On March 1, 1985, we made
a copy of original notary page with the understanding they will return
original notary page to City Secretary office after filing with the
County.
1984.Accepted and approved this _ day of
CITY OF FORT WORTH, TEXAS
By: M_ Ph a- =
Title:
ATTEST:
�Z'/w���i mss'
ity Secretar
APPROVED AS TO FORM AND LEGALITY:
City Attorney
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared
, 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
and that he executed the
same as the act of said company for the .purposes and con-
sideration therein expressed, and in the capacity therein
stated.
i GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day
/\ of , 1984.
Notary Public in and for
Tarrant County, Texas
My Commission Expires:
BEFORE ME, the undersigned, a Notary Public in,en'��,f��}}r aid
County and State, on this day personally appeared ��_�%q ,
mva n , of THE CITY OF FORT WORTH, a Texas
home rule ;unicipak 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.
GIT UNDER A4Y HAND AND SEAL OF OFFICE this the �/ day
of pce en 1984.
Notary Public in and for
Tarrant County, Texas
My Commission Expires:
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m�. EXHIBIT
1 YI
City ®f Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECTDRAINAGE CHANNEL MAINTENANCE AGREE NT PAGE
NUMBER BETWEEN THE CITY OF FORT WORTH AND CIMARION I
12/11/84 **C-8752 1CONSTRUCTION COMPANIES OF HOUSTON TEXAS I of
Cimarron Construction Companies of Houston, Texas, the developer of Lot A-R,
Block 80, Western Hills Addition, Section 7 has provided an earthen drainage
channel and drainage easement as shown on the attached Exhibit "A". 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 subject
maintenance agreement.
DAI:dr
SUBMITTED FOR THE
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
nFFICE BY: ❑ APPROVED
ORIGINATING V ❑ OTHER (DESCRIBE)
DEPARTMENT HEAD: Gary L. Santerre CITY SECRETARY
FOR ADDIrIONAL INFOR mtTnrolet Ext. 7800
CONTACT: DATE