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Home My WebLink AboutContract 8927 J� ✓ �! r COVENANT AND AGREEMENT REGARDING CITY SECOCTARY STORM DRAIN CONTRACT, o G, -." , WHEREAS, Joe D. Teague, Paul J. Wright and Harold Gene Cain hereby certify that they are the owners of certain real property located in the City of Fort Worth, State of Texas, said property being more particularly described as Lots 7, 8 and 9, Block 3, Diamond Hill Addition to the City of Fort Worth, as shown on plat recorded in Volume 5434, page 215 of the Deed. Records of Tarrant County, Texas, and Lot 10, Block 3, Diamond Hill Addition to the City of Fort Worth, as shown on plat recorded in Volume 6036, page 407 of the Deed Records of Tarrant County, Texas; and WHEREAS, Joe D. Teague, Paul J. Wright and Harold Gene Cain have conveyed a drainage easement to the City of Fort Worth in, over, under, along and across a portion of the real property de- scribed above and Joe D, :Teague, Paul J. Wright and Harold Gene Cain intend to erect certain improvements upon the real property described above over all or part of said easement or adjacent thereto; and WHEREAS, Joe D. Teague, Paul J. Wright and Harold Gene Cain propose to construct a building and related structures over an existing forty-eight (48) inch storm sewer pipe within a 20 foot wide easement along and across Lots 7, 8, 9 and 10, Block 3, Diamond Hill Addition to the City of Fort Worth, NOW THEREFORE, Joe D. Teague, Paul J. Wright and Harold Gene Cain for and in consideration of the payment to it by the City of Fort Worth of One Dollar ($1,00) and other good and valuable con- sideration, the receipt and sufficiency of which is hereby acknowl- edged, hereby agree to submit to the Director of the Department of WORTH,C11Y SECRETARY Im VOLU� �1_ FA f. 60 Public Works of the City of Fort Worth for approval, all building foundation plans of the permanent improvements which Joe D. Teague, Paul J. Wright and Harold Gene Cain propose to construct in or adja- cent to the area of the storm drain and its easement, and not com- mence any construction without the approval of said Director of the Department of Public Works, but such approval shall not consti- tute any assumption of liability nor any waiver of any of the terms hereof by said Director of the Department of Public Works or the City. JOE D. TEAGUE, PAUL J. WRIGHT AND HAROLD GENE CAIN further agree that in the event it becomes necessary for the City of Fort Worth, Texas to repair or replace such storm drain, Joe D. Teague, Paul J. Wright and Harold Gene Cain shall pay all cost for the re- location and/or rebuilding of any of the improvements reasonably required to enable the City to repair or replace the storm drain. JOE D. TEAGUE, PAUL J. WRIGHT AND HAROLD GENE CAIN 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 agents, employees, invitees, customers, successors or assigns 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. -2- VOMW 61 JOE D. TEAGUE, PAUL J. WRIGHT AND HAROLD GENE CAIN further covenant and agree that in the event any of the above described real property is sold by it, or its successors, that they will notify the City of Fort Worth in writing prior to such sale, but any such sale shall not relieve Joe D. Teague, Paul J. Wright and Harold Gene Cain of their responsibility under this agreement. This covenant and agreement shall run with the land and shall be binding upon Joe D. Teague, Paul J. Wright, Harold Gene Cain, any future owners, encumbrances, their successors, heirs or assigns, and shall continue in effect so long as said building shall remain over said easement or until released by a proper authority of the City of Fort Worth. EXECUTED this day of A. D. 1976. D. Teague Paul J. right arold Gene Cain ACCEPTED AND APPROVED this day of,--, A. D. 1976. CITY OF IFRT WORTH, TEXAS By May'o"-'r ATTEST: (71' 14 City'Secretary APPRovu 'BY CITY CCU a,5 at G AA° THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority on this day personally appeared Joe D. Teague, 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. VEN UNDER MY HAND AND SEAL OF OFFICE this r �� day of 1976. Notary Public i. nd for Tarrant County, Vxas THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Paul J. Wright, 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. IVEN UNDER MY HAND AND SEAL OF OFFICE this k day of 1976. Notary Public in an for Tarrant County, Texa -4- � o VOL 6106 fit, THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Harold Gene Cain, 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 day of 1976. ; , r,,,[ Notary Public in a for, ° Tarrant County, Te is THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Clif Overcash, 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 4T} .aH 1976. Notary Public in and for Tarrant County, Texas i —5— VDL6106 ma 64 STATE OF TEXAS M CUINCT" OF TA6'CRiii+r p t hereby urtiuy that this nrstn-an-re W "-M 0401W w T UnOe end at the time stamped Maya^m¢n hV naw iu^v'.cue RECORDED in the Volume and Pane uC the DEED Rti'fNt4t1A{ of Torrent Wuntyw Tons as sinm W hwm by M OCT 13 19TG r g GOLIM"CLERK IuRMI COUNTY,IEW '7 N r O 'T7 W •.D U n O 0 4 O G m c rlS °r.r N q co WW pp i, r*G ps' y a` u f� ^ 4-1 x W o w o E O + i cti A q H w •p "; r2V �N wE �Gr o u o � Du 00 N "�� ..... ."` to OQ A r ro i m v wa�„� ��i:; Ln H C7 W 4J cn aOi A O N N KJ O A n o O City of Fort Worth, Texas ej -A 1 '7 4, Mayor and Council Communication DATE REFERENCE SUBJECT« Covehant and Agreement and a Sto PAGE NUMBER Drain Easment Across Lots 7,8,9 & 10, 91/25/76 C-3511 Blk. 3, and Hill Addition. I of Joe D. Teague, Paul J. Wright and,Harold,Gene Cain are the owners of' the property at 2510 Decatur. ,Avenue, Lots 7, 8, 9, ,and,10, Block 3, Diamond Hill Addition. There is a 48-inch storm drain that,- passes through this property. Iliere is no requirement for surface flow above the pipe. The owners have agreed to convey a 20-foot drainage easement to the City and in- tend to erect a building over the storm drain. They will make provisions so that the structure does not interfere with nor damage the storm drain pipe. The owners have executed a Covenant and Agreement in which they have agreed that in, the event it becomes necessary for the,City. to repair- or replace the existing storm drain, the owners_will ,pay all costs for the relocation and/or rebuilding of any of their improvements reasonably required to enable the City to repair or replace the storm drain. The owners have 'further agreed to indemnify and hold harmless and defend the City of Fort Worth from and against any claims.and/or suits for, damage or liability, expense, loss or damage which may 'be sustained by them, or their customers, employees$ or invitees, to improvements or contents and from and against any and/or all claims or causes of action of any nature whatsoever, personal injuries or property damage arising dut of or caused by the design or construction of the existing storm drain or of any build-, in , or structure adjacent to or over the existing storm drain. The said Covenant and Agreement,which the.owner has executed shall run with the land and be binding upon the owner or any future owners, and shall con- tinue in effect as long as said building shall remain over the above men- tioned easements. Recommendation It is recommended that the City Manager be authorized to accept, and record the Covenant and Agreement from Joe D. Teague, Paul J. Wright and Harold Gene Gain, the owners, of Lots 7, 8, 9 and 10, Block 3, Diamond Hill Addi- tioa, for the purpose of allowing owner, to construct, over an existing storm drain pipe as described above, and City Council approval be given for the acquisition of a 20-foot wide storm drainage easement over and across Lots 7, 8, 9 and 10, Block 3, Diamond Hill Addition, for $1,.00 consideration, from Joe D. Teague, Paul J. Wright and:. Harold Gene Cain. GG.ez SUBMITTED BY: DISPOSITION BY COUNCIL: PROCESSED BY APPROVED OTHER (DESCRIBE) CITY SECRETARY CITY MANAGER