HomeMy WebLinkAboutContract 14768 '
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COVENANT AND AGuucmuwr
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THE sODruLooe PROPERTY, » TEXAS LzwIrco PAnrmoxsuIP represented
by Doyle C. Dale, General Partner , hereby certify that it is the
owner of certain real property located inche City of Fort Worth,
State of Texas, said property being legally described as Lot 28'
Block dn, HIGHLAND TuK8xCC ADDITION to the City of Fort Worth,
Tarrant County, Texas, as described in volume ]88-l92 . Pap,(.- 62 .
Dccd Kccords of Tarranu Couni-, . Tcxa�
WHEREAS, THE 3VVT*LooP PROPERTY, x TEXAS LIMITED pAurmEoSMlP has
acquired the real property described above subject to certain storm
drainage easements, and it intends to erect certain permanent improvements
upon the real property described above within a drainage easement; and
wocasAs^ THE soVTuLoop PxoecxcY' A cuXxs LIMITED eamrmoB3yIP,
proposes to construct a building over an existing two 72-inch storm
drains which traverses the property de=ccibed above;
NOW rxunCFOnE, THE SoorxLOox pxVpExrv, x raXxs LIMITED PARTNERSHIP,
acting herein by and through Doyle C. Dale, Genmcal Partner, for and in
consideration of the mutual convenunts and conditions contained
herein, hereby agrees to submit to the Director of the Department
of Transportation and Public Works of the city of port Worth for
approval , all building foundation plans of permanent improvements
which THE SoVr8LVVp rnoPox%Y, x TEXAS LIMITED PARTNERSHIP or its
successors or assigns proposes to construct in or adjacent to the
area of the storm drain or its associated easements, and not commence
any such construction without the appccval of said Director of the
Department of Transportation and Public worka- Any alterations to
the building which are purely cosmetic or only relate to the interior
'
of the building will not require said approval . The aforedesccibed
approval by the Director of Transportation and public Works shall not
constitute any assumption of liability or any waiver of any of the
terms hereof by said Director .
THE SonTuLoOp pRopsmzx, x TEXAS LIMITED PARTNERSHIP, further
agrees to assume all responsibility for maintenance of the storm
drainage facilities proposed to be placed or henceforth placed
within the drainage easement. Further THE SOozoLooP PROPERTY,
A TEXAS LIMITED PARTNERSHIP or its successors or assigns by these
presents, agree to maintain said facilities in o manner consistent
with and to the same level of effectiveness that the City maintains
like facilities; it being expressly agreed by the parties hereto
that the Director of the Transportation and Public Works Department
of the City of Fort Worth shall have sole and final authority for
judging whether such maintenance is adequate to safeguard the
capacity of such facilities for conveying storm water ruuoff '
THE sOnreLooP PROPERTY, A TEXAS LIMITED PxmzmooSoze further
agrees to maintain the storm drainage facilities as specified
above and as required by the ordinances and policies of the City
of Fort *octb' THE 3oOceLOoe emoPuorz, A TEXAS LIMITED pneTmEuooIe
or its successors or assigns will and hereby agrees to, within
sixty (60) days after receipt of written notice from the City, perform
the necessary maintenance. If THE SooToLoOe PROPERTY, A r2%As czaIroo
PARTNERSHIP or its successors or assigns fails, at any time, to
maintain the storm drain as specified above, the city retains the
right to perform the necessary maintenance and THE SOozeLooP PROPERTY,
A TEXAS LzmZrEo PxmTmEmaezP and its successors and its assigns agree
to reimburse to the City the full reasonable cost of said maintenance.
THE S0OT8LDOP PROPERTY, x TEXAS LIMITED PARTNERSHIP further agrees
that in the event it becomes necessary for the City of Fort Worth to
repair or replace the two 72-inch pipe storm drains, THE 800TeLVOp
pmoP0mzr, A cExuo LImzzDo panrmERoeIe shall guy all reasonable costs
for the rebuilding or construction of any of its real improvements
on the property. THE SOoroLooe pooeEoTx, x TEXAS LIMITED PARTNERSHIP,
its successors and assigns hereby expressly waive any claim for
damages, destruction or demolition of such structures as reasonably
necessary to maintain the storm drain or drainage channel and further
agrees to bold the city harmless for any claims for such damage,
,m 9441 PAu 304
destruction or demolition, excepting that this indemnification shall
not apply to the negligent acts of the City, its employees, officers,
and agents.
THE SoozeLoog ea0gERTy' A TEXAS LIMITED gxarmERsaze further
agrees that in the event that it becomes necessary to repair, replace,
or maintain the two-72 inch pipe storm drain or maintain the drainage
channel under the rights granted above, THE soozocoor eRopaRTz'
A TEXAS LznzzEo eARrmoR3ozP or its successors or assigns abulI pay
all reasonable costs for the demolition, protection' relocation
and/or rebuilding of any of the real property improvements as may be
reasonable required in order to enable such repair, replacement or
maintenance work'
Notwithstanding the provisions contained herein regarding the
obligation of THE SOornLnoP pmOgumzx, x TEXAS LzmzTso eaarmousuze to
repair or replace the two 72" pipe storm drain located on the herein
described real property, THE sOozaLcmg PmweEmrr, x zoxA3 LzmzroD
gxRTmEDGeze shall at all times have the option to relocate any or all
of the two 72" pipes storm drain across said property in u location
and according to plans and specifications approved by the Director
of Transportation and public Works. It is the intent of this
provision that THE 800zBLooe em0pEmrx, a TEXAS LIMITED pxarmGmSeIe
have this option in order to avoid the expense which it might otherwise
incur by being required to repair or replace that portion of the two
72^ Pipes storm drain which will lie beneath the improvements proposed
to be constructed by THE sOozeLoog eRoeEmrY' A zouAo LIMITED eARzmERseze
on the property.
THE sDoToLooP PROPERTY, A TEXAS LIMITED eAnzmERoeze further
agrees to and does hereby indemnify, bold 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 THE OOOz8LOOg
pRoeoszz, A zExao Lzmzroo paRzmEnSezg or tia customers, employees
or invitees to permanent or temporary improvements under construction
or to contents during all such time said improvements or contents
of same 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 real property improvements,
or from flooding or rising water, 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 Iuod and shall
be binding upon THE aoozaLonp puoeEuzx, A zoxAa LzmzrEo punzmanaezP'
its successors and assigns, and shall continue in effect so long as
any building or improvements shall remain in, on, over, or within
said drainage easements or until expressly released by proper
authority of the City of Fort Worth, Texas'
DATED THIS 6th day of September 1985.
THE SonzoLoup enoPoazu, a Toxxa LIMITED
PARTNERSHIP
BY
Doyle C. Dale, General Partner
'--
Accepted and approved this __-`?:�L day of
1985.
CITY OF FORT WORTH, TEXAS
BY:
Title:
ATTEST
.Contract Authorization
'City egra
Dat,
APPROVED AS' O'_ .QE�Pi AND LEGALITY:
a1
City At rney
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared o� Lc (-'I
p,( ,(-- , known to me to be the person and officer whose
name is subscribed to the foregoing instrument and acknowledged
to me that the same was the act of the said and that he
executed the same as the act of said company for the purposes
and consideration therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day
1985.
Notary Public in and for
' Tarrant County, Texas
My C&nmissian Expires:
7 7/F ?
BEFORE ME, the undersigned, a Notary Public in an for said
Cau ty and State, on this day personally appeared 6�
IV,�E„,y %',�y�a,� , o£ THE CITY OF FORT WORTH, a Texas
hoarse rule municipal corporation, known to me to be the person
and officer whose name is subscribed to the foregoing
instrument, and acknowledged to me that the same was the act of
the said CITY OF FORT WORTH, and that he executed the same as
the act of said municipal corporation, for the purposes and
consideration therein expressed, and in the capacity therein
stated. -y
"IVEN UNDER MY HAND AND SEAL OF OFFICE this the �/ day
of 2 / 1985.
:ar t)51is in and for
Tarrant.County, Texas
My Commission Expires:
OFFICE OF THE SECRETARY OF STATE
Feb 27, 1985
MYRA A. McDANIEL Statutory Filings Division
SECRETARY OF STATE Corporations
P.O. Box 13697
Austin, Texas 78711.3697
RE : THE SOMLXP PROPERTY, A TEXAS L]2,= PAMNERSHIP
FILE NO. : 41743 - US
FILIUG nATE : Feb 27, 1985
This letter will acknowledge receipt for the above
referenced document. Since the Texas Uniform Limited
Partnership Act does not provide for a certificate of
filing , you may use this letter as evidence of the filing
in this Office.
Very truly yours ,
Lorna Salzman
Director
Statutory Filings Division
Corporations Section
LS/dlg
roe 41 nu 308
CERTIFICATF OF LIMITED PARTNERSHIP
OF
THE 3OU?8L0OP PROPERTY, A TEXAS LIMITED PARTNERSHIP
We , the undersigned , desiring to form a limited
partnership pursuant to the Texas Uniform Limited Partnership
AcL , Article 6I32a of the Revised Civil Statutes of the State of
Texas , certify as follows :
I. The name of the nartnerahip if THE 8OUTR[OOP
PROP£R7Y, A TEXAS LIMITED PARTNERSHIP.
2. The purpose of the partnership is to engage in the
general business of acouiring for investment, owniog , construct-
ing improvements thereon, and otherwise dealing with real estate
located in the State of Texas .
3, The location � b f
3 g3 /= �*/ ���� �� /
~'---����' /
the par tnerah1p io P. U. Box 6857 , For Whrt6 , Tar ranc Count y,
Texas 76115. or such other places as the General Partner may from
time to time designate.
4. The names and places of residence of the General
Partners are as follows:
N&ME ADDRSSS
Doyle C. Dale 3836 Laurel Lane
Bedford , Texas 76021
0oneI6 J. Wooldridge 1832 Sout6park Drive
Arlington, Texas 760I3
Ronald C. Hendershot 2602 Westridge Drive
Arlington, Texas 760I2
5 ^ The names and places of residence of each Limited
Partner are as Fmlln*a:
NAMC ADDRGSS
Mumcafa (Mike) Aaoi Y. O. Box 7269
Fort Worth, Texas 76I10
A. G. Cummings , Trustee P. O- Box 130 '
Lometa, Texas 76853
Douglas RaIev P. O, Box 181189
Port Worth, Texas 761I8
Emmanuel 0wuau 40I1 Klnxswick Drive
Arlington, Texas 76016
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COVENANT AND AGREEMEN�T BETWEEN '
IDUWNG At WW#E�""V REFERENCE OJECT; PAGE
"r
A. NUMBER CIT
11-19-85 **C-9357 SOUTHLOOP PROPERTY AND THE CIT 1
FORT W
BUILDING IN A DRAINAa, EASEMENT
RECOMMENDATION
It is recommended that the Mayor be authorized to execute and accept a
"Covenant and Agreement Regarding Storm Drain" for Highland Terrace Addition,
Block, 6R, Lot 2B,
BACKGROUND
In accordance with standard City policy, the construction of a building over a
storm drain line requires the execution of a Covenant and Agreement , by which
the party constructing the building over the line assumes certain
resmsibi I i ties for the line and indemnifies the City against damages to the
bui ding.
Southloop Property, owner of Lot 2B, Block 6R in the Highland Terrace Addition,
has signed such a Covenant and Agreement.
F IMNG I NG
There is no cost to the City for the agreement.
DAI-.dk
APPROV11'..) BY
4d4K
COY affrfammu'u'ry 'ap, %14
41'1r1'4
464W"I ,
WJOWTTED F X1,
CITY MANIAGE
OFFMC RY SAPPROVED DIISPOITWN BY COUNCK:� PROCESSED BY
OPOWW�NG t—' OTHER (DESCRIBE.)
DEPARTMENT HEA,D! Gary Santerre CWY SECRETARY
FOR ADDVTWNAL INFORMA,noiN
CON Wr Drolet 7908