HomeMy WebLinkAboutContract 16366 MTY J' �
CITY SECRJIJA
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DRAINAGE
CHANNEL MAINTENANCE AGREEMENT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF TARRANT
WHEREAS, Overton West Addition, an Addition to the City of
Fort Worth, Tarrant County, Texas; and
WHEREAS, Fulton & Mizell Surveyors, 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 proposes to dedicate to the City of Fort Worth a
drainage easement which extends across Lots 3, 4, & 5, Block E,
of said Overton West Addition to the City of Fort Worth, 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,
J. H. Crain, DDS, MS, Inc., of Tarrant County, Texas, being
the owner of Lots 3, 4 & 5, Block E, Overton West Addition, an
addition to the City of Fort Worth, Tarrant County, Texas,
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 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
J. H. Crain, DDS, MS, Inc., and all future owners of the
following described real property situated in Fort Worth, Tarrant
County, Texas:
Being 1.581 acres situated in the J. HOWARD SURVEY, Abst. No.
693, City of Fort Worth, Tarrant County, Texas, and being that
certain tract of land conveyed to J. H. Crain, DDS, MS, Inc.,
by Deed as described in Volume 5681 , Page 101 ,
Deed Records, Tarrant County, Texas, and also being more
Prepared fox V
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particularly described by metes and bounds as follows:
Beginning at 1/2" iron at the northwest corner of said Crain
tract, said point being at the intersection of the east line of
Hulen Street (a 120 foot R.O.W.) and the south line of Westdale
Drive (a 60 foot R.O.W.);
THENCE N 86 degrees 24' E, along the south line of said Westdale
Drive, 236.80 feet to al/2" iron;
THENCE, S 89 degrees 58' E, continuing along the south line of
said Westdale Drive, 3.61 feet to a 1/2" iron at the northwest
corner of Block 69, WESTCLIFF, an addition to the City of Fort
Worth, Tarrant County, Texas, as recorded in Volume 338-27, Page
157, Tarrant County Plat Records;
THENCE S 00 degrees 09' W, along the west line of said Block 69,
a distance of 306.20 feet to a 5/8" iron at the northeast corner
of Lot 2, Block E, OVERTON WEST ADDITION, an addition to the City
of Fort Worth, Tarrant County Plat Records;
THENCE N 82 degrees 40' W, along the north line of said Lot 2, a
distance of 257.30 feet to a 5/8" iron in the east line of said
Hulen Street, said point being the beginning of a non-tangent
curve to the left whose radius is 928.18 feet and whose long
chord bears N 05 degrees 27' 20" E, 166.30 feet;
THENCE, along the -east line of said Hulen Street and along said
curve, in a northerly direction, through a central angle of 10
degrees 16' 46", a distance of 166.53 feet to a 1/2" iron at the
end of said curve,
THENCE N 00 degrees 09' E, continuing along the east line of
said Hulen Street, 92.94 feet to the POINT OF BEGINNING and
continuing 1.581 acres (68,874 square feet of land) to be known
as:
Lots 3, 4, and 5, Block E
OVERTON WEST ADDITION
City of Fort Worth
Tarrant County, Texas
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1.
Developer covenants and agrees to maintain at all times the
bed and banks of the drainage channel in the drainage easement
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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 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, the City of Fort Worth shall, at its
option, have the right 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 Overton West Addition, 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 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.
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3.
Developer covenants and agrees that no habitable building
shall be erected within the drainage easement outlined on Exhibit
"A", except to the extent permitted under that certain Covenant
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and Agreement dated September 29, 1986 , between the City of
Fort Worth and J. H. Crain, DDS, MS, Inc., 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 1 foot above the maximum depth of water in the drainage
channel which would occur during 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 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 costs, 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 j
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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
jconveyance made pursuant thereto shall be void.
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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 attached
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Exhibit "A", and hereby incorporated herein by reference for all
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purposes.
EXECUTED THIS 29th DAY OF September A.D., 19 86
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J. H. Crain, DDS, MS, Inc.
ATTEST:
By:
AMP.
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared J. H. Crain,
known to me to be the person whose name is subscribed to the
foregoing instrument and acknowleded to me that the same is the
act of J. H. Crain, and that he executed the same as the act of
J. H. Crain for the purposes and consideration therein expressed,
and in the capacity therein stated; and that first being by me
duly sworn, upon his oath stated that the statements and
certifications contained in the foregoing waiver are true and
correct.
GIVE UNDER MY HAND AND SEAL OF OFFICE this the 29th day
of September 19 86 .
Notary Pu lic in Ad for
the State of Texas
My commission expires:
4/21/87
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CITY Y S EG R
AP4YCITY SECR-/171
DEED RO., _�2 COVENANT AND AGREEMENT CONTRACT rqq .
J. H. Crain, DDS, MS, Inc., a corporation, acting by and through
J. H. Crain, its president, is the Owner of certain real
property located in the City of Fort Worth, State of Texas, being
legally described as Lots 3, 4 & 5, Block E, Overton West
Addition to the City of Fort Worth, Tarrant County,
Addition, an Addit y Y
Texas, as described in Volume 5681 , Page 101 Deed Records of
Tarrant County, Texas.
WHEREAS, J. H. Crain, DDS, MS, Inc., has acquired the real
property described above subject to certain drainage easements
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owned by the City of Fort Worth, which are also described in said
Volume5681 , Page 101 Deed Records, Tarrant County,
Texas. J. H. Crain, DDS, MS, Inc. intends to erect certain
permanent improvements upon and over that certain drainage
easement described in Exhibit "X" hereto and incorporated by
reference herein, said drainage easement being owned by the City
of Fort Worth and containing an existing open channel which
traverses the property described above;
NOW, THEREFORE, J. H. Crain, DDS, MS, Inc. or and in
consideration of the mututal covenants and conditions contained ,
herein, hereby agrees to submit to the Director of the
Department of Transportation and Public Works of the City of Fort
Worth for approval, all building foundation plans of any and all
permanent improvements which J. H. Crain, DDS, MS, Inc. proposes
to construct in, upon, or over the drainage easement, prior to
the commencement of any such construction. Any alterations to
the building which are purely cosmetic or only relate to the
interior of the building will not require approval by the City.
The approval by the Director of Transportation and Public Works
shall not constitute any assumption of liability by the City for
any defects, • omissions or failures of design, construction or
planning related to the permanent improvements described herein,
and J. H. Crain, DDS, MS, Inc. shall indemnify the City therefore
in accordance with the indemnity provisions contained herein.
FZHP-11A R'11.10.410
4177 1 Aq' �S9 U7rETyAn IRpg�d
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J. H. Crain, DDS, MS, Inc. further agrees to assume all
responsibility for maintenance of any storm drainage pipes, lines
or facilities now existing or henceforth placed within the
drainage easement. J. H. Crain, DDS, MS, Inc. also agrees to
maintain said facilities in a manner consistent with the
standards according to which the City maintains like facilities
and in accordance with the ordinances and policies of the City of
Fort Worth, it being expressly agreed by the parties hereto that
the Director of the Transportation and Public Works Department of
the City of Fort Worth shall have sole and final authority for
judging whether such maintenance is adequate to safeguard the
capacity of such facilities for conveying storm water runoff.
J. H. Crain, DDS, MS, Inc. will,and hereby agrees to, within
sixty (60) days after receipt of written notice from the City,
perform the necessary maintenance. If J. H. Crain DDS, MS, Inc.
fails at any time to maintain the storm drainage facilities as
specified above, the City retains the right to perform the
necessary maintenance and J. H. Crain DDS, MS, Inc. agrees to
reimburse the City for the cost of said maintenance, and the City
shall have a lien on the real property described herein to secure
the required reimbursement.
J. H. Crain, DDS, MS, Inc. further agrees that in the event
it becomes necessary for the City of Fort Worth to repair or
replace the improvements, J. H. Crain shall pay all reasonable
costs for the demolition, protection, relocation, rebuilding, or
construction of any of its property. J. H. Crain, DDS, MS, Inc.
its successors and assigns, hereby expressly waives any claim for
damages, destruction or demolition of such structures as
reasonably necessary to maintain the storm drain facilities or
drainage channel and further agrees to hold the City harmless
from any claims for such damages, destruction, or demolition,
excepting that this indemnification shall not apply to the
negligent acts of the City, its employees, officers and agents.
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Notwithstanding the foregoing provisions, J. H. Crain, DDS,
MS, Inc. shall at all times have the option to relocate all or
part of the building according to plans and specifications
approved by the Director of Transportation and Public Works. It
is the intent of this provision that J. H. Crain, DDS, MS, Inc.
have this option in order to avoid the expense which it might
otherwise incur by being required to repair or replace that
portion of the storm drainage facilities which will lie beneath
the improvements proposed to be constructed by J. H. Crain, DDS,
MS, Inc. on the property.
J. H. Crain, DDS, MS, Inc. further agrees to and does hereby
idemnify, hold harmless and defend the City of Fort Worth, Texas,
its officers, agents and employees, from and against any and all
claims or suits for damage, liability, expense or loss which may
be sustained by J. H. Crain, DDS, MS, Inc. or its agents,
employees or invitees, or to any permanent or temporary
improvements, to improvements under construction or to the
contents therein, at any time said improvements or contents of
same are located over or adjacent to such drainage easement,
whether or not such liability, expense, loss or damage results
from any structural failure of such improvements, or from
flooding or rising water, and from and against any and all claims
or causes of action of any nature whatsoever, whether real or
asserted, for personal injuries (including death) or property
damage arising out of or caused by the design or construction of
the storm drain or of any building or structure adjacent to or
over the storm drain.
J. H. Crain, DDS, MS, Inc. agrees to provide the City with a
Certificate of Insurance as proof that it has secured and paid
for a policy of Public Liability Insurance covering all public
risks related in any way to the permanent improvements or their
use as described herein. At present, the amount of such insurance
shall be as follows:
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Property Damage $100,000
Personal Injury or Death,
Per Accident $300,000
J. H. Crain, DDS, MS, Inc. agrees that such insurance
amounts may be revised upward, and it shall revise such amounts
within thirty (30) days after receipt of written notice from the
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City.
This covenant and agreement shall run with the land and
shall be binding upon J. H. Crain, DDS, MS,. Inc., its successors
and assigns, and shall continue in effect so long as any building
or improvement shall remain in, on, over or within said drainage
easements or until expressly released by proper authority of the
City of Fort Worth, Texas.
DATED this of ,19 C-y!::'
J.H. Crain, DDS, MS, Inc.
By:
ACCEPTED AND APPROVED this day of --'19() 0
ATTEST: CITY OF FORT WORTH, TEXAS
City Secr Lary ity Manager
APPROVED AS TO FORM AND LEGALITY:
43ui& 4
ity Attorney -- —
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Date
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared J. H. Crain
DDS, MS, Inc., known to me to be the person and officer whose
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name is subscribed to the foregoing instrument, and acknowledged
to me that the same was the act of the said Corporation, and that
he executed the same as the act of said Corporation, and
consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 29th day
of September 19 86 j
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Notary Pub Mc in and for
the State of Texas
My Commission Expires:
4/21/87
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DEED TRANSACTION AUTHORIZED
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"7ity of Fort Worth) "rexas
Mayor and Council Communication
DATE REFERENCE SUBJECT: PAGE
NUMBER COVENANT AND AGREEMENT AND DRAIN-
AGE CHANNEL MAINTENANCE AGREEMENT/
3-1-88 **L-9406 nl/FPTnN WE-S"DDITION, BLOCK E,
LOTS 3, 4 AND 5
Recommendation
It is recommended that the City Manager be authorized to accept and execute:
1. A Covenant and Agreement between the City of Fort Worth and J.H. Crain,
DDS, MS, Inc. ; and,
2. A Drainage Channel Maintenance Agreement between the City of Fort Worth
and J.H. Crain, DDS, MS, Inc.
Discussion
J. H. Crain, DDS, MS, Inc. , owner of Lots 3, 4 and 5, Block E, Overton West
Addition, proposes to enter into a Covenant and Agreement and a Drainage
Channel Maintenance Agreement for a channel which traverses the property
whereby they will accept the responsibility for maintenance of the channel and
will indemnify the City against damages to the improvements.
The Departments of Law and Transportation and Public Works have reviewed these
agreements and approved same as to legality and maintenance requirements of the
City of Fort Worth.
Financing
This Drainage Channel Maintenance Agreement and Covenant and Agreement will be
conveyed to the City of Fort Worth for a consideration of $1.00 each. Funds
are available in Account No. 90-095104-00, Index Code 699900.
DAI :wt
SUBMITTED FOR IHL
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY: David Ivory ❑ APPROVED
ORIGINATING E:� OTHER (DESCRIBE)
P
DEPAIRTMENT HEAD: Michael E. Pyles igg CITY SECRETARY
FO I
OR NTACT ADDITIONAL INFORMATION Michael E. Pyles 8362 DATE
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