HomeMy WebLinkAboutContract 9109 VOL 6113
COVENANT AND AGREEMENT
REGARDING CIFN
STORM DRAIN
WHEREAS, SEARS, ROEBUCK AND COMPANY, a New York copora-
tion duly authorized to transact business in the State of
Texas, acting herein by and through a duly authorized vice-
president, W. C. Lochmoeller, hereby certifies that it is the
owner of certain real property located in the City of Fort
Worth, State of Texas, said property being more particularly
described as Tract VIII, Ridgmar Mall Addition to the City of
Fort Worth, as shown on plat recorded in Volume 388-107, pages
74-77, of the Plat Records of Tarrant County, Texas; and
WHEREAS, SEARS, ROEBUCK AND COMPANY has acquired the real
property described above subject to certain dedicated easements
for the purpose of storm drainage which are shown on the Revised
Plat of Ridgmar Mall Addition to the City of Fort Worth, of
record in Volume 388-107, pages 74-77 of the Plat Records of
Tarrant County, Texas, and SEARS, ROEBUCK AND COMPANY intends
to erect certain public improvements upon the real property
described above over all or part of said easements or adjacent
thereto; and
WHEREAS, SEARS, ROEBUCK AND COMPANY proposes to construct
a building and related structures over an existing seventy-
two (72) inch storm sewer pipe within a 20 foot wide easement
along and across Tract VIII, Ridgmar Mall Addition as shown on
said plat;
NOW THEREFORE, "SEARS, ROEBUCK AND COMPANY, acting herein
by and through a duly authorized vice-president, W. C.
Lochmoeller, 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 consideration, the receipt and sufficiency of
which is hereby acknowledged, hereby agrees to submit to the
Director of the Department of Public Works of the City of Fort pw
Worth for approval, all building foundation
,,y
VOL 61,17 q[Er3_ 8
permanent improvements, which SEARS, REOEBUCK AND COMPANY pro-
poses to construct in or adjacent to the area of the storm
drainage and its easements, and not commence any construction
without the approval of said Director of the Department of
Public Works, but such approval shall not constitute any assump-
tion of liability nor any waiver of any of the terms hereof by
said Director of the Department of Public Works or the City.
SEARS, ROEBUCK AND COMPANY further agrees that in the
event it becomes necessary for the City of Fort Worth, Texas,
to repair or replace such storm drain, SEARS, ROEBUCK AND COM-
PANY 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,
SEARS, ROEBUCK AND COMPANY 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 it or its
invitees, agents, employees, 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 con-
struction of the storm drain or of any building or structure
adjacent to or over the storm drain.
SEARS, ROEBUCK AND COMPANY further covenants and agrees
that in the event any of the above described real property
is sold by it, or its successors, that it shall notify the
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614-7 FA'f)F.' I Q
City of Fort Worth in writing prior to such sale, but any such
sale shall not relieve SEARS, ROEBUCK AND COMPANY of its
responsibility under this agreement.
This covenant and agreement shall run with the land and
shall be binding upon SEARS, ROEBUCK AND CO,',iPANY, 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 proper authority of the
City of Fort Worth.
EXECUTED this day of
A. D.
1976.
SEARS, ROEBUCK AND COMPANY
LEGAL
APPROVAL
766 SW 2,
By
W. C. Lochmoeller
Executive Vice-President
ACCEPTED AND APPROVED thiscd�-day of
A. D. 1976
CITY OF FORT.WOR
TH. TEXAS
By '
Mayor
r .A. APPROVED By CITy COUNCIL
ty S,
epretaxV
T,h State o? ,T ex as
County Or".
BEFORE ME, the undersigned authority, on this day per-
sonally appeared W. C. Lochmoeller, executive vice-president
of Sears, Roebuck and Company, known to me to be the person
and officer whose name is subscribed to the foregoing instru-
ment and acknowledged to me that he executed the same for the
purposes and consideration therein expressed and in the capa-
city therein stated as the act and deed of said corporation.
-3-
voi: Fn '320
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
of 1976.
..„
w
NoaryN Public in and for
County, Texas
Reta Straka, Notary public in
THE STATE OF TEXAS § and for Dallas County, Texas
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day per-
sonally appeared Cliff Ovexcash, 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.
,
r
r1 Notary Public in and for
Tarrant County, Texas
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oust 4, 1976
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ears Roebuck and Company
1000 1 l v I ew+r
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Callas, Texas 71 ,
Attentions Mr. W. F. Haack
Gentle n
CONDIT UON L APPROVAL OF CONSTRUCT I ON OF PROPOSED
SaRS, 610 I LD i d F.A THE 1ST ING Sid ITAP Y SEWER
CROSS ING, TRACT W I 1 I , OF R i DGIMAR Pt LL
In response to the letter of August 2, 1976, written on your firm's behalf
by Carter and Burgess, Inc., the/City of fort Worth will offer no objections
Lo construe tiom of they proposed 'Sears' Building over the exis°tinp City of
Fort worth sanit ry si"'ewer crosslnp a portion of' 'Tract VI IV, Rldgmar Met],
Budditton and wl1'1 further waive It's policy requirwoonts that the seid
existln sanitary sewor be replaced with, cast Iron pipe,, or retocated out
from: under the pro s d building, subject to the following ndit onss,
"If uai er of the City of Fort Worth's standard polity requIrements
requardIng construction over sanitary sewer mains is granted, the owner
of Tract VIII, 1liddu ar Mall Addition, agrees to wralve all cfalms for
d goo against the City of Fort North arising out of the use, maintenance
or repair of the sanl tart' sewer main which crosses said property, and the
owner further agrees to accept r sponsitr111ty for any d' , age to this
sanitary sower min resulting from, the construction of any bullding, or
build o'St id'vet the sewer on this property, Ood to save the City harmless
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from, Ain'y srrd all 01alms from- whatever source, either, real or asserted,
arising out of damage to such sanitary sewer maln resulting from
crnstru, tton of said bui' ld:in , or buildings t r®over.,,
Upon receipt of one (1) of the two (2) enslosod, toples of this letter, with the
rer u11 red 'notar€zed 10,dors sot by the owner of the ItemJzed prop ty, the City of
F*,rt Worth shell cotislder the waiver of polity to have been granted, subject to
approval of construction plans,
If additional lnforrotion Is required on this mutter, please contact this office.
Yours very truwly,
� � r 1v
tlandritk, Assistant Director
In charge of leg l neer i ng
t
port rtlu at ,r i 60, ft' ,,
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40s40M:hl
frrcl Ps,ure ( nowl anent Forays for notarizing)
0,0: Mr. Les t r Pa l g,e, building Official
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The and rs i fined owner/owners of Tract V i I N, of Ridgmar Ma i i Addition
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accept the conditions set forth in this attached letter for waiver of the
City of Fart Worth's standard policy relating to construction of buildings,
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over sanitary sewers:
SEARS ROESUCT A9D CO,
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BY
i
K G. Loc hn+.cae lea,,
QeptemLer 219, 19H,
(Date)
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VOL 6132 ������
THE STATE OF TEXAS �
COUNTY OF TARRANT �
Before me, , a Notary Public in
and for Tarrant County, Texas, on this day personally appeared
known to mm to be the person(s) whose name(s) is (are) subscribed to the foregoing
instrument and acknowledged to me that (he) (she) (they) executed the same for the
purposes and consideration therein expressed.
Given under my hand and seal of office, this day of ,
A.D. | .
Notary Public in and for Tarrant
County, Texas
THE STATE OF TEXAS Y
COUNTY OF
°'7/4-zz ��`
Before me, a Notary Public in
and for County, Texii� on this day peesonally appeared
~+acWor S , a corporation,
known to mm to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he executed the same in the capacity indicated, as the
act and deed of said corporation, and for the purposes and consideration therein
expressed.-
r my hand and seal of office, this ay of
`"b. '1 �� ---------
| ~ '
County, Texas
Bets Straka, Notary Public in
and for Dallas County, Texas
^ �
VOL6132 Al ,
STATE 0E� g
COUNTY O ARRANT
I hereby tP��t thPS� �nsCrrtm�Rf
date end Wal RECORDED tin�t' Y-"anIPnP1�hereon f� �tW
of Tarrant Co of the Me Was d� f
County, Texas as stsa� jad hereon b RECOR4 a
COUNTY CLERK
TARRkllti QU�(i� TEW
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City Pof) Fort Worth, Texas
Ankyor and UOUIUcil Communicatt"01V
DATE EFERENCE SUWECE Soars Building Situated Over PAGE
CUMBER Storm Drain aid 00tary Sewer
12/6/76 L-5342 M . n,—!! ° Hall I f
The location of the Sears. Inebuck and Company Building in Tract VIII of
the Ridgmar Mall in situated partly over and across a 72-inch storm drain
and a 10-inch sanitary sewer main,
Because a part of the building is located over and across these existing
facilities it is necessary that a covenant, agreement and waivie r be
exeucted by Sears, Roebuck and Company, and the City.
The stipulations in the covenant, agreement and waiver are as follows:
Sears agrees to submit to the Director of the Department of Public
"Works for approval, all building foundation plans of its proposed
permanent improvements over and adjacent to the area of the storm
drainage and its easement,
Sears agrees that in the event it becomes necessary to repair or
replace such storm drain or sanitary sewer Sears 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 or sanitary sewer.
Sears agrees to indemnify, hold harmless and defend the City, from
any claims or suits for damage or liability, in cotnectlion with
these improvements located over the storm drain and sanitary sewer.
Sears covenants and agrees that in the event any of the real property
is sold by it, or its successors, that it shall notify the City in,
writing prior to the sale, but any such sale shall not relieve Sears,
of its respousibili,ty under the agreements,,
The covenant and agreements shall run with the land and shall be
binding upon Sears, any future owners or successors watil released
by the Cit,
Reco olatiou
it 1 n that a covenant) agreement and waiver be accepted from
Sears, Roebuck and Company permitting the construction of a building over
and across a 72-indh atom drain an a 10-inch sanitary sewer main in
Tract VIII of the Ridgmar Mall and that the Mayor be authorized to execute
a covenant and agreement regarding storm drainage.
................... ......
SUBMITTED BY: WSPOSMON BY CMNML., PROCESSED By
0 APPROVED C3 OTHER (DESMSE)
ECREURY
CI'TY S
..............................
DME
L curt MANAGER