HomeMy WebLinkAboutContract 16810 CITY SECRET.
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DRAINAGE CHANNEL MAINTENANCE AGREEMENT
15.00 W 6
Y THE STATE OF TEXAS § .2000 422127 1 12/21/Ei
§ KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF TARRANT §
1
WHEREAS, Block 9, South Creek Addition is an Addition to
the City of Fort Worth, Tarrant County, Texas; and,
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WHEREAS; Pep Boys, Manny, Moe and Jack 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 along the north property line of
specifically designated as "92' Drainage and Utility Easement"
Block 9, and is shown as the area/outlined on the attached
diagram, which is marked Exhibit "B." and hereby incorporated
herein by reference for all purposes;
NOW THEREFORE,
Pep Boys, Manny, Moe and Jack, of Tarrant County, Texas,
being the owner of Block 9, South Creek 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 Pep Boys,
Manny, Moe and Jack, and all future owners of the following
described real property situated in Fort Worth, Tarrant County,
Texas:
Block 9, South Creek Addition
1.
Developer covenants and agrees to maintain at all times the
bed and banks of the drainage channel and the drainage structure
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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 channel or the drainage structures which are
necessary in the opinion of the City of Fort Worth to bring such
drainage channel the drainage structures 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 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 Block 9, South Creek
Addition, an Addition to the City of Fort Worth, Tarrant County,
Texas, adjacent to and abutting the area in the drainage channel
where such war], 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 and the drainage structure
in accordance herewith, or as a result of any damages caused to
person or property due to (1) flooding of the channel and its
banks, (2) slope failure of the bank of the channel, or (3) any
09149' 0 7 0
failure of the channel or its bank to operate in a manner
consistent with City of Fort Worth criteria or any failure of
Developer 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
easement 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 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 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 conveyance 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
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0 9 1 E'f,9 1071
' I
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 8 DAY OF NA , A. D. , 1919T) .11
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ATTEST:
By
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Ar ROVED AS 0 FORM AND LEGALITY:
i y Attorn y
zj
ity Manager
C •-1090 - `R1�
Contract Authorization DEED TRANSACTION AUT,HORJZEp•
�l-/a -J() DATE Cit-1�T?
Date DATE
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STATE OF TEXAS §
COUNTY OF TARRANT § I
BEFORE ME, the undersigned authority, a Notary Public in and
for the State of Texas, on this day personally appeared John
i
Raborn known to me to be the person whose name is subscribed
to the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this, the _� day of
r 199 .
60tary Public 1 and for..
the State of .Texas
ni
My Commission Expires: , , r
STATE OF TEXAS §
COUNTY OF TARRANT §
`BEFORE ME, the undersigned, a Notary Publi n/jhd for said
C y and State, on this day personally appeared ,
t ntl"_141 ,
of the City of Fort Worth, a Texas home rule
municipa d corporation, known to me to be the person and officer
whose name is subscribed to the foregoing instrument, and acknowl-
edged 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 corpora-
tion for the purposes and consideration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this, the day of
19 .
�N
N ar Publi i an for
the St e of Tex f/'
My Commission Expires:
1aI 4
�F• TAR d W THOMPSON,
st.1 t0 T 1'uhllo
� in and lar Iha Stale of Tasaa
By 90=18319n Eaplras 10!1&80
091 49 1073
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EXHIBIT "A"
DESCRIPTION OF FLOODWAY EASEMENT
I
BEING a part of Block 9 of SOUTH CREEK ADDITION, an Addition to the City of Fort }
Worth, Texas, according to the Plat recorded in Volume 388-157, Page 65-66, in
the Plat Records of Tarrant County, Texas, and being more particularly described
by metes and bounds as follows:
BEGINNING at a point for corner in the East line of McCart Street, same being the
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most Westerly Northwest corner of BLOCK 8R, SOUTH CREEK ADDITION, an Addition to I
the City of Fort Worth, Texas, according to the Plat recorded in Volume 388-171,
at Page 65 in the Plat Records of Tarrant County, Texas;
THENCE North 03 degrees 47 minutes 10 seconds West along said East line of McCart
Street for a distance of 164.61 feet to a point for corner;
THENCE North 01 degrees 02 minutes 55 seconds East along said East line of McCart
Street for a distance of 292.25 feet to a point for corner;
THENCE South 88 degrees 57 minutes 05 seconds East for a distance of 220.00 feet
to a point for corner in the West line of said BLOCK 8R, SOUTH CREEK ADDITION;
THENCE South 01 degrees 02 minutes 55 seconds West along said West line of BLOCK
8R, SOUTH CREEK ADDITION for a distance of 92.00 feet to a point for corner;
THENCE North 88 degrees 57 minutes 05 seconds West for a distance of 120.00 feet
to a point for corner;
THENCE South 48 degrees 28 minutes 20 seconds West for a distance of 64.88 feet
to a point for corner;
THENCE South 06 degrees 07 minutes 09 seconds West for a distance of 157.02 feet
to a point for corner;
THENCE South 12 degrees 32 minutes 59 seconds East for a distance of 39.84 feet
to a point for corner;
THENCE South 38 degrees 04 minutes 52 seconds East for a distance of 35.64 feet
to a point for corner;
THENCE South 16 degrees 59 mintues 29 seconds West for a distance of 101.65 feet
to a point for corner;
THENCE North 88 degrees 41 minutes 10 seconds West for a distance of 28.41 feet
to the POINT OF BEGINNING.
CONTAINING 38,316.33 square feet or 0.8796 acres of land.
y�?••' '••:� s PREPARED BY:
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ISTERE BL C SURVEYOR N 1641
NOTARY PUBLIC C'SU
STATE OF TEXAS
BEFORE ME, the undersigned, a Notary Public in and for said State on this date
personally appeared JAMES DEWEY, known to me personally to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purpose and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2 1987.
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D I R S E OF TEXAS
ROBERT E. WHITE B
K w CiUMMISSIGN EXPIRES
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BLOCK 11
SOUTH CREEK ADDITIONyo
VOL. 3BB-157 PAGE 65-66
S88-57-05E
220.00
EXISTING 92' DRAINAGE $
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FLOODWAY EASEMENT
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SOUTH CREEK ADDITION
VOL 388-171 PAGE 65
EXHIBIT "B"
SCALE: 1`=60' DATE: MAY 4. 1987
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. of Fort Worth, `T -xas
Mayor and Council Communication
DATE REFERENCE sueJECr: DRAINAGE CHANNEL MAINTENANCE PAGE
NUMBER
4-12-88 **C-10904 AGREEMENT/SOUTH CREEK ADDITION, BLOCK 9 lof 1
Recommendation
It is recommended that the City Manager be authorized to accept and execute a
drainage channel maintenance agreement between the City of Fort Worth and Pep
Boys Manny, Moe and Jack of California.
Discussion
Pep Boys Manny, Moe and Jack of California, owners of Block 9, South Creek
Addition, proposes to enter into a drainage channel maintenance agreement
adjacent to their property whereby they will accept the responsibility for
maintenance of the channel .
The Departments of Law and the Department of Transportation and Public Works
have reviewed this agreement and approved same as to legality and maintenance
requirements, respectively.
Financing
This Drainage Channel Maintenance Agreement will be conveyed to the City of
Fort Worth for a consideration of $1.00. Funds are available in Account No.
90-095104-00, Index Code 699900.
DAI:ws
SUBMITTED FOR IHL DISPOSITION BY COUNCIL: PROCESSED BY
CITY MANAGER'S
OFFICE BY: David Ivory ❑ APPROVED
ORIGINATING C OTHER (DESCRIBE)
DEPARTMENT HEAD: Michael E. Pyles CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT: Michael E. Pyles 8362 DATE
City of Fort Worth, Eexas
Mayor and Council Communication
DAT L REFERENCE SUBJECT: DRAINAGE CHANNEL MAINTENANCE PAGE
NUMBER
9-15-87 **L-9316 AGREEMENT/SOUTH CREEK ADDITION BLOCK 9 1 of-- .- I
Recommendation
It is recommended that the City Manager be authorized to accept and execute a
drainage channel maintenance agreement between the City of Fort Worth and Pep
Boys, Manny, Moe and Jack.
Discussion
Pep Boys, Manny, Moe and Jack, owners of Block 9, South Creek Addition,
proposes to enter into a drainage channel maintenance agreement adjacent to
their property whereby they will accept the responsibility for maintenance of
the channel .
The Department of Law and Transportation and Public Works have reviewed this
agreement and approved same as to legality and maintenance requirements of the
City of Fort Worth.
Financing
This Drainage Channel Maintenance agreement will be conveyed to the City of
Fort Worth for a consideration of $1.00. Funds are available in Account No.
90-095103-00, Index Code 699900.
DAI:ws
SU BMTTFD FUR I
C,r I MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE BY: APPROVED
ORIGINATING OTHER (DESCRIBE)
DEPARTMENT HEAD: Pyles fs
CITY SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT: Michael E. Pyles 8362 DATE