HomeMy WebLinkAboutContract 7907 J L- 174 5 Z 6 9 6
COVENANT AND AGREEDUM
REGARD114G CITY SECRETARY
STORM DRAIN CONTRACT
C. W, Wilemon and Nancy Wilemon Thompson, hereby certify they are the owners of
certain real property located in the City of Fort Worth, State of Texas, said
property being legally described as Lot R-4, Block 1, M. G. Ellis Addition to
City of Fort Worth, Tarrant County, Texas, as shown in Volume 388-89, -Page 16,
Plat Records of Tarrant County, Texas.
WHEREAS, G. W. Wilemon and Nancy Wilemon Thompson have acquired the
real property described above subject to certain easements which are set forth
in Volume 388-89, Page 16, Plat Records of Tarrant County, Texas, for the purpose
of storm drainage, and they intend to erect certain permanent improvements upon
the real property described above over all or part of said easement or adjacent
thereto;
WHEREAS, C. W. Wilemon and Nancy Wilemon Thompson propose to construct
a building over an existing thirty (30) inch storm sewer pipe within a fifteen
(15) foot easement as shown on said plat;
NOW THEREFORE, C. 17. Wilemon anc�, Nilemon Thompson, for and in
I
consideration of the payment to them by th�)City of Fort Worth of One Dollar ($1.00)
and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, hereby agree to submit to the City Engineer of the
City of Fort Worth for approval, all building foundation plans of their permanent
improvements, which they propose to construct in or adjacent to the area of the
storm drainage structure and its easements, and not 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.
G. W. Wilemon and Nancy Wilemon Thompson further agree that in the
event it becomes necessary for the City of Fort Worth, Texas to repair or replace
such storm drain, they shall pay all cost for the relocation and/or rebuilding
of any of the improvements reasonably required to enable the City to repair or
replace the storm drain.
OFFIVAAL REMID
CM SECRETARY
FT. WORTH, TEX.
G. W. Wilemon and Nancy Wilemon Thompson further agree to and do
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 them or
their customers, employees or invitees to permanent or temporary improvements
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
flooding, 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.
This covenant and agreement shall run with the land and shall be bind-
in.- upon G. W. Wilemon and Nancy Wilemon Thompson, any future owners, encumbrances,
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.
DATED this day of ' " , 1974.
44—
G. W. Wilemon
NanW Wilemon Thompson
Accepted and approved this 3 day of 1974.
CITY 0F07WORTI-1,
EXAS
By
R--14, L4
. i . "I dz$.
Its City Manager.
APPROVED AS TO FORM:
00101
r'4006�Aoo;
City Attorney
'X68" mu 7
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared
G. W. Wilemon , known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that the same was his act and that he executed the same for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND ACID SEAL OF OFFICE, this day of
L A.D. 1974.
(w""
X"
i4otary �d"bl'ic in and for T171frant County,
Texas
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared
Nancy Wileinon Thompson I known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that the same was her act and that she executed the same for the purposes
and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
o
A.D. 1974.
N. a 'P FT
ublic in and for Tarrant
County,
Texas
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City of Fort Worth, Texas
Mayor and Council Communication
DATE suejEcT,. Covenant and 4greement to Cotall- PACE
2 ru Wilding Over auSaar Drainage? ;. oti
. G. Ellis Add", 1uuuu
0. W. Wilemon and Nancy Wilemon Thompson, the owners of Lot R-4, Block 1,
M. G. Flues Addition, 2341 North Main, desires to erect a buildK7 over auau,>
exist 30—inch storm sewer—nipe and its 15 foot drainage snag meet. This
building is to be leased by Texas Electric Service a paun for its use after
construction.
For the consideration of One Dollar 1. and permission by the City of
Fort Worth to construct the proposed improvements over the storm sewer
pipe and within the draivage easement, the owners agree to auuubmit founda-
tion on lan ar the building, designed specifically to prevent damage to
construc-
tion without the approval of he City Engineer.
The owners furtber alree that in the event it becomes necessary the City
to repair or replace the existinr storm drain, the owners will pay all costs
for the relocation auaud r rebuildin, of any of the improvements reasonably
required tug enable teas: City to repair or replace the steer drain.
The ease further agree I indemnify and hold barmless and defend the City
of Fort Worth from and against any claims and/or uu fauna. damage or lia-
bility, caused buy h design or construction of the existin, storm drain
or of any buildings or struc uar adjacent to or over the existing storm
drain.
The a r propose as execute au covenant &ad agreement which shall run,
wIth the land and be bindinp upon the owners u: any t ure owners, and
shall continue IA effect as long as said building shall remain „ the
above mentioned easement.
Recommendation
It is recommended that the City ManaA ur be authorized to execute the covenant
and agreement with the owners of Lot R-4, Block 1, R. G. Ellis Addition,
J'M:du
SUOUITTED 8Y. WSPOSIY"�"a PP�CIV��a NC OTHER C�a �aa 3 PROCESSED BY OM
ek CITY SECRETARY
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CITY MAXAQER