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Home My WebLink AboutContract 7447 COVENANT AND AGREEMENT REGARDING STORM DRAIN Cffy SE(CRETARY Aubrey C. Anderson, hereby certifies he is the owner of certain real pro- perty located in the City of Fort Worth, State of Texas, said property being legally described as Lot 5, Block 6, Southside Addition to the City of Fort Worth, Tarrant County, Texas, as shown in Volume 204A, Page 109, Deed Records of Tarrant County, Texas. OFFM I 6r Aubrey n erson has acquired the real property described above, CITYut"M to certain easements which are described as follows: PARCEL NO. 1 FL WORTH, TM LOT 5, BLOCK 6, SOUTHSIDE ADDITION A parcel of land 20 feet in width centered on the following described line: Beginning at a point an the north property line of Lot 5, Block 6, Southside Addition, said point being 17.3 feet east of the northwest corner of said Lot 5; THENCE, in a southeasterly direction for a distance of 4.0 feet to a point being 1.2 feet south and 21.3 feet east of the northwest corner of said Lot 5; THENCE in a southeasterly direction for a distance of 106.0 feet to a point on the east property line of said Lot 5, said point being 23.1 feet south of the northeast corner of said Lot 5; PARCEL NO. 2 LOU' 5, BLOCK 6, SOUTHSIDE ADDITION A parcel of land 20 feet in width centered on the following described line: Beginning at a point an the west property line of Lot 5, Block 6, Southside Addition, said point being 21.0 feet south of the northwest corner of said Lot 5; THENCE in a northeasterly direction for a distance of 29.0 feet to a point, said point being 1.2 feet south and 21.3 feet east of the northwest corner of said Lot 5; as shown on the attached diagram, which is marked Exhibit "A" and hereby incor- porated herein by reference for all purposes. These easements being for the purpose of storm drainage and he intends to erect certain permanent improvements upon the real property described above over all or part of said easements or adjacent thereto; WHEREAS, Aubrey C. Anderson proposes to construct a building over the exist- ing 66 inch and 48 inch storm sewer pipes within the easements as described above. NOW, THEREFORE, Aubrey C. Anderson, for and in consideration of the payment to him by the City of Fort Worth of One Dollar ($1.00) the receipt of which is acknowledged and confessed, and for the further consideration of permission by the City of Fort Worth to construct his proposed improvements within the drainage easements as described above, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby agrees to submit to the City Engineer of the City of Fort Worth for approval, all building founda- tion plans of his permanent improvements, which he proposes to construct in or adjacent to the area of the storm drainage pipes and its casements, and not to commence any such construction without the approval of said City Engineer, but such approval shall not constitute any assumption of liability nor any waiver of any of the terms hereof by said Engineer or the City. Aubrey C. Anderson further agrees that in the event it becomes necessary for the City of Fort Worth, Texas, to repair or replace such existing storm drain, he shall pay all costs for relocation and/or rebuilding of any of his improvements reasonably required to enable the City to repair or replace the storm drain. Aubrey C. Anderson further agrees to and does hereby indemnify, 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 or liability, expense, loss or damage which may be sustained by him, his customers, employees, invitees, or any neighboring land and/or permanent or temporary improvements under separate ownership in the area or to contents during all such time said improvements or contents are located over or adjacent to such storm drain whether or not such liability, expense, loss or damage results from any structural failure of such storm drain or from any flooding and from and against any and all claims or causes of action of any nature whatsoever, whether real or asserted, for per- sonal injuries (including death) or property damage arising out of or caused by the design or construction of the existing storm drain or of any building or structure adjacent to or over the existing storm drain. This covenant and agreement shall run with the land and shall be binding upon Aubrey C. Anderson, his administrators, executors, heirs and assignees including any future owners, their successors, heirs or assignees, and shall continue in effect so long as said building shall remain over said easements or until released by proper authority of the City of Fort Worth, Texas. yP DATED THIS DAY OF 19 173. 41 By Accepted and Approved this day of 19,0 ATTEST: CITY 0,F, 1URT,,UQ 1, TEXAS .......... % By A-1te002 City. Secretary Mayor APPROVED AS TO FORM _6:7 074444� City Attorney -2- THE STATE OF TEXAS COUNTY OF TARRANT BEY ME, e under th d 'gned authority, on this day personally appeared , known to me to be the person whose name, is sufseribed to the foregoing instrument, and acknowledged to me that the same'w4s his act and that he executed the same for the purpose and consideration therein, expressed and in the capacity therein stated. Z GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of A A.D. 1973. Notary Public in and for Tarrant County, Texas BEFORE ME, the undersigned authority, on this day personally appeared R. M. Stovall, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as the act and deed of the City of Fort Worth, a municipal corporation of Tarrant County, Texas, and as the Mayor thereof and for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 6'/ day of A.D. 1973. Notary Public in and for Tarrant County, Texas ft'rkl HOWARD, My Ccmra icm -3- „ / / /ii% A IIy Flow,// / / / a %i; /i �,�, tf� N1 V 17.3°4 / /-P70/, ' 12' 6 5 4 I N C� µ� F s c N 1 7&001 HEMPHIL L STREET EXHISI T A DRAINAGE EASEMENTS LOT 5 BLOCK 6 SOUTHSIOE ADDITION f C f Dort IVorth,, Texas LAPP,". 64ayor and Council Communication A,ti000K TU�JFCT: a :ant an I C reement t0 Con- PAGE DATE REFERENCE C ov t? g r NUMBER c Building Over Storm Drainage ' ' 4 /a,7 r- i^;aw,r_(:renC� Located Across Lot .5, Block 6 1 of i ROBINSON ........ _ _ . ..... ... ..... ....__.-_,,,, ,....... tiouth :id( A ciciit.ron PAIGE ;'qtr . Aubrey C. Anderson, the owner of Lot. 5, Black 6, Southside Addition, 4216 Hemphill Street , desires to erect a building over existing 48-in,--h and 66-.inch storm sec,er pipes . These pipes were ,r.onstructed in 1926 and no re-.orded drainage easements have been located, Therefore, the owner has dedi-at,ed drainage ea��rnrrrents over the above mentioned storm sewer pipes in conjun-t.ion with subject. agre,,,��aenr. There is no re.gr)ire- ment for surface f-tow of water above these pipes For the consideration of One Dollar ( $1 00) and permission by the City of Fort Worth to construct the proposed improvements over the storm sewer pipes and within the dr<inage (aa^-r��ment4v , the �1�,*her =rgrees to submit found- ation plan.s for the building, d(;�slgn4�d gape, ift_,_al ly to prevent damage to the existing storm 1',1p e,., :and o,r,r(_r;s not to c_(}mmence any such con- strl.v-ti.on without the approval of the City h;ngineer. The owner further agre> !a , that in the ev,,,nt it bC,.C( rII_ss necessary for the City to repair or rep .,a+.e the existing storm (lLains, the owner w_, 11 pay all costs for the relocation and/or rebuilding of any of improvements reasonably required to enable the C.tty to repair or c,,p] ice the storm drain. th, owner further agrees to indemnity and h,)-1d h.t—aless and defend the City )I Fort Worth from and against any claims and/or suits for damage or lia- h,ility, caused by the design or (:cnstrnction of the oxisting storm drain or (,f any buildings or stri -'Iures adjacent to or the existing storm drain, owner proposes to exe~.ute a covenant and agreement which shall run with tli land and be binding upon the owner or any Owners, and sl)alj. con- L-Inue. in effect as long a, said building shall rr:main over the above men- L a°red easements. P!ec,)mmendati on Ic is recommended chat the Mayor be a�ILIIOrized r_o execute the covenant and agreement with the owner or Lot 5, Block 6, Southside Addt_rion. SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY / ) -----4) APPROVED OTHER (DESCRIBE) CI�SE ETARY DATE CITY MANAGER _ _ `