HomeMy WebLinkAboutContract 8939 VOL 6097 PA,,,f 1 4,;_5
CITY SECRETARY
CONTRACT
COVENANT AND AGRFZMENT
REGARDING
STORM DRAIN
WHEREAS, �eorge W. Tregre and wife, June, L. Tregre, hereby
certify that they are the owners of certain real property located
in the C"o-y of Fort Worth, State of Texas, said property being
more particularly described as the South one-half of the East
105 feet of Lot 1, Block 3, Edgewood Place Addition to the City
of Fort Worth, Tarrant County, Texas; and
WHEREAS, George W. Tregre and wife, June L. Tregre, have con-
veyed to the City of Fort Worth a drainage easement in, over, under,
along and across a portion of the real property described above, and
George W. Tregre and wife, June L. Tregre, intend to erect certain
permanent improvements upon the real property described above over
all or a part of said easement or adjacent thereto;
WHEREAS, George W. Tregre and wife, June L. Tregre, propose to
construct a swimming pool not closer than 2 feet to a storm sewer
pipe presently located within the storm drain easement described in
Exhibit A and construct a pool deck over said pipe.
NOW, THEREFORE, George W. Tregre and wife, June L. Tregre, for
and in consideration of the payment to them by the City of Fort
Worth of One Dollar ($1.00) and for other good and valuable consid-
eration, the receipt and sufficiency of which is hereby acknowledged,
hereby agree to submit to the Director of the Department of Public
Works of the City of Fort Worth for approval, all building founda-
tion plans of the permanent improvements which George W. Tregre and
wife, June L. Tregre, propose to construct in or adjacent to the
area of the storm drain and its easement, and not to commence any
OFFICIAL RECORD
CITY SECRETARY
FT.-M.O.RT'll, E .
voi-6097 PAGIF 146
construction without the approval of said Director of the
Department of Public Works, but such approval shall not
constitute any assumption of liability nor any waiver of
the terms hereof by said Director of the Department of Public
Works or the City.
GEORGE W. TREGRE AND WIFE, JUNE L. TREGRE further agree
that in the event it becomes necessary for the City of Fort
Worth, Texas, to repair or replace such storm drain, George
W. Tregre and wife, June L. Tregre, shall pay all cost for the
relocation and/or rebuilding of any of the improvements reason-
ably required to enable the City to repair or replace the storm
drain.
GEORGE W. TREGRE AND WIFE, JUNE L. TREGRE 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, invitees, guests, 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.
This covenant and agreement shall run with the land and
shall be binding upon George W. Tregre and wife, June L. Tregre,
any further owners, encumbrances, their successors, heirs or
assigns, and shall continue in effect so long as said improve-
-2-
VOL 60,97 u,,447
ments remain adjacent to said easement or until released by
proper authority of the City of Fort Worth,
EXECUTED this r 2I��-day of �_ � �, 1976.
r f e
" Georg TYe Ye�,..�° � c.�
June L. Tregre
ACCEPTED AND APPROVED this '`==;,::day of1�t� ",
1976.
CITY OF FORT WORTH
By ol
i
Mayor
ATTEST:
y�, 9ecretary 'J,,c �
-3-
von 09
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally
appeared George W. Tregre and wife June L. Tregre, both known to
me to be the persons whose names are subscribed to the foregoing
instrument and acknowledged to me that they executed the same for
the purposes and consideration therein expressed.
� ' "'
��LVEN UNDER MY HAND AND SEAL OF OFFICE this r" -:. day of
1976.
'aa Notary -Pub/2Ac in and for
Tarrant County, Texas
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
1976.
Notary Public in and for
Tarrant County, Texas
E k 'ZOO
-4-
voL6097 mall
STATF OF TFXA
COUNTY OF TARRANT 1f n m vd d e
i h�otsk7Y certiY�IYcwk 4fiis instr�n�'r wv4 wma't 001 T`W7 nm ^d
k^J C�F�rC102G�
date amf nt the t � r, �g tlPuu�I:,Ff'A arv�s
KcpnCFi n 1 @ir
01 Tar�ent county,'ura��"' o�aG+rr�+,ui9 Yurtouxa F�
VSr
Y EM( �0
1
N
O
N
r
w 0 w
^� w o H
u rQi ro0 u
u � H h H 3
-w
v ^ � o 41
`� ti u O c+
bo v � Diu o� `� ° w°
no
H ����° �, as 0
w w ++
u c* ,
etl O 411 •O r,> .0
0 P4
O
C7
G -
City of Fort Worth., Texas Z,
Mayor and Council Communicallon
DATE REFERENCE SUBJECT; Covenant and Agreement to PACE
NUMBER Construct a Swimming Pool
Over a It
7/31/76 0-346. fio x Of
0raimT rai _._... ,.�._.....� _ � a..
w_
Mr. George W. 'firer , 2325 queen Street, Fort Worth, Texas, has requested
that he 'fie allowed to construct a 40 x 20 foot swimmmmmming pool in his rear
yard,, a portion of such improvements would extend over an existing 30 inch
storm drain Crossing his property.
The owner is 'willing ing to grant to time City an easement for such storm drain
and to execute a covenant and agreement which would alloy himmm to construct
the s imm ni g pool not Closer than 2 feet to the storm again pipe and construct
a pool deck over said pipe. We further agrees to pay all cost for the reloca-
tion and/or rebuilding of any of the improvements reasonably required to
enable the City to repair or replace the storm drain, in the event it 'becommmes
necessary.
The owner further agrees to indemnify, and hold harmless and defend the City
of port Worth, from, and against all claims or suits for damage or liability,
expense, loss or damage which may be sustained during such time that the
improvements are located over or adjacent to the storm drain.
The Public Works Department staff: has investigated the request and recom-
mends that Mr. Tregre be allowed to construct the swiming pool upon the
execution of the covenant and agreement.
Recommendations
It is recommmmmmemxed that:
l The City accept the storm drainage easement; and
The City Manager be authorized to execute the, proposed
covenant and agreement for construction of the swimming
pool over and adjacent to the storm drain.
0 :nms
SUBMITTED By- DISPOSITION BY COUNCIL. PROCESSED BY
0 APPROVED OTHER (DESCRIBE)
.� w .,...._ _._... _ CITY SECRETARY
DATE
CITYMANAGER .,, ..,..� ..._mF....,...,�....,...._.a....�..._.�.,�..W�,.�. ..,. ....,,�..._...._.........�.�
� � . ��
° .�
40me, Gwylt Assist nt City Man�.ger m: '��E;..August 4 1976
.d-ack„_ L, .Graham, ..Pub.l i c .Woxk.s .Director TIME
UBJEC m ' . ,...,,...,., M DRAI N
COVENANT AND AGREEMENT REGA�OING STOIC_ _ v _
-Enclosed is a copy of a Covenant and Agreement regarding storm drain
approved by the City Council on July 31, 1976, (M&C C-3463) . The agreement has
been executed by the owner and is now ready for execution by the City Manager.
Upon execution, please return to this office so that it may be filed
for record at the County Clerk's Office.
If you have any questions, please let me know.
JACK «i. GRAHIANI, P.
BY: f .
JMG:JLJ:mm �" W
Enc.
C4
c t r
r
............................. .....
vo
IINTERAJFFICI�`o (",O R'I'IESPO"I,N,"1)1'�,"",N(""E
"Jack-MI.-Graham, Public Works Director DA"T F............ August 18, 1976
Jack W. Green, City Secretary T I N1 E
s U HA F IV A",711 COVENANT AND AGREEMENT REGARDING STORM DRAIN
Attached is the copy of a Covenant and Agreement regarding storm
drain approved by the City Council on July 31, 1976, (M&C C-3463).
The agreement has been executed by the owners, George W. Tregre
and June L. Tregre, the Mayor, Clif Overcash, and the City Secretary,
Jack W. Green.
Upon filing for record at the County Clerk's Office, please return
the document to the City Secretary's Office for filing in our
records.
Jack W. Green
City Secretary
JWG:dd
Encloaure