HomeMy WebLinkAboutContract 15662 COVENANT AND AGREEMENT CITY SECRETARY,
CAW , ,
Burk Collins Investments, a sole proprietorship, acting by and
through Burk Collins, is the owner of certain real property located
in the City of Fort Worth, State of Texas, being legally described
as Z . Boaz Country Place, an addition to the City of Fort Worth,
Tarrant County, Texas, as described in Volume 388-101, Page 1.9, Deed
Records of Tarrant County, Texas (hereinafter referred to as the
"Property" ) .
WHEREAS, Burk Collins Investments has acquired the Property
subject to certain drainage easements owned by the City of Fort
Florth, which are described in Volume 4376, Page 715, Deed Records,
Tarrant County, Texas. Burk Collins Investments intends to erect
certain permanent or temporary improvements in, of, over or adjacent
to that certain drainage easement described in Exhibit "X" hereto
and incorporated by reference herein (being hereinafter referred to
as the "drainage easement" ) , said drainage easement being owned by
the City of Fort Worth and containing an existing 36" Storm Drain
which traverses the property described above;
NOW, THEREFORE, Burk Collins Investments, for and in considera-
tion of the mutual. covenants and agreements contained herein, hereby
agrees to submit to the Director of the Department of Transportation
and Public Works of the City of Fort Worth for approval, all
building foundation plans for any and all permanent or temporary
improvements which Burk Collins Investments proposes to construct
in, on, over or adjacent to the drainage easement, prior to the
commencement of any such construction. Any alterations to any
improvements which are purely cosmetic or only relate to the
interior of the building will not require approval by the City. The
approval by the City' s Director of Transportation and Public Works
shall not constitute any assumption of liability by City for any
defects, omissions or failures of design, construction or planning
related to any such permanent or temporary improvements, and
responsibility for such defects, omissions or failures shall be
solely that of Burk Collins Investments, and said Burk Collins
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Investments shall indemnify and hold City harmless therefor in
accordance with the terms of this covenant and agreement. The City
shall not be liable for any flooding , runoff, water pending, or
other problems created by, resulting from, or related to, either
directly or indirectly, the design, construction, or planning
related to such permanent or temporary improvements and Burk Collins
Investments shall indemnify and hold City harmless therefor in
accordance with the terms of this covenant and agreement .
Burk Collins Investments further agrees to assume all
responsibility for maintenance of any storm drainage pipes, lines or
facilities now existing or henceforth placed by any party within the
drainage easement. Burk Collins Investments also agrees to maintain
said facilities in a manner consistent with the standards by which
the City maintains like facilities and in accordance with the
ordinances, rules, regulations and policies of the City of Fort
Worth, 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 and
discretion for judging whether such maintenance is adequate to
safeguard the capacity of such facilities for conveying storm water
runoff.
Burk Collins Investments will, and hereby agrees to perform,
within sixty (60) days after receipt of written notice from the
City, any necessary maintenance required hereunder. If Burk Collins
Investments fails to maintain the storm drainage facilities as
required herein, the City retains the right to perform the necessary
maintenance, and Burk Collins Investments agrees to reimburse City
for the cost of said maintenance, and City shall have a lien on the
Property to secure the required reimbursement.
Burk Collins Investments further agrees that, in the event it
becomes necessary for the City of Fort Worth to repair or replace
the 36" Storm Drain, Burk Collins Investments shall pay all
reasonable costs for the demolition, protection, relocation,
rebuilding or construction of any of its real or personal property
necessitated by or resulting from said repair or replacement. Burk
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Collins Investments hereby expressly waives any claim for damages or
destruction resulting from or related to, directly or proximately,
the demolition protection, relocation, rebuilding or construction of
its real or personal property reasonably necessary to maintain the
storm drain or drainage channel and further agrees to indemnify and
hold the City harmless from any claims for such damage or
destruction, excepting that this waiver and indemnification shall
not apply to the negligent acts of the City, its employees, officers
and agents.
Notwithstanding the foregoing provisions, Burk Collins
Investments shall at all times have the option to relocate, at its
sole expense, all or part of the storm drain system according to
plans and specifications which have been pre-approved by the City' s
Director of Transportation and Public Works. It is the intent of
this provision that Burk Collins Investments have this option in
order to avoid the expense which it would otherwise incur by being
required to repair or replace that portion of the storm drain system
lying beneath any permanent or temporary improvements in, on, over
or adjacent to the drainage easement.
Burk Collins Investments further agrees to and does hereby
indemnify, hold harmless and defend the City of Fort Worth, Texas,
its officers, agents, servants, employees, and other representatives
from and against any and all claims or suits for damage, liability,
expense or loss which may be sustained by Burk Collins Investments,
its agents, servants, employees, or other representatives, as well
as its licensees, invitees, or any third party, to permanent or
temporary improvements, to improvements under construction, or to
the contents thereof, at any time said improvements or the contents
of same are located in, on, over or adjacent to such drainage
easement, whether or not such liability, expense, loss or damage
results from any structural failure of such improvements, or from
flooding, rising, or pending water. In addition, Burk Collins
Investments agrees to and does hereby indemnify, hold harmless and
defend the City of Fort Worth, Texas its officers, agents, servants,
employers and other representatives 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
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arising out of or caused by, either directly or proximately!, the
dosign, planning, construction, or existence of the storm drain its
Eacilities, or any permanent or temporary improvements in, on, over,
or adjacent to the drainage easement.
Burk Collins Investments agrees to provide City with a
certiEicate of insurance as proof that it has secured and paid for a
oolicy of public liability insurance in the following amounts:
Property Damage $100,000
Personal Injury or Death, Per Accident $300,000
Burk Collins Investments, agrees that such insurance amounts may be
ravised upward at any time upon thirty (30) days written notice from
City. Burk Collins Investments liabilities or responsibilities
specified in this covenant and agreement shall not be limited in
amount to the insurance coverage required hereunder.
This covenant and agreement shall run with the land and shall
be binding upon Burk Collins Investments, its successors and
assigns, and shall continue in effect so long as any permanent or
temporary improvements shall remain in, on, over or adjacent to
said drainage easement or until expressly released by proper
authority of the City of Fort Worth, Texas.
DATED this G day of /' . ` , 19er
By
ACCEPTED AND APPROVED this day ofIf !; ' , 19
ATTES CITY FORT WORTH, TEXAS
-- By: - r r
ity Sec tary ity Manager
APPR VED AS T FORM AND LEGALITY:
, y
— ty ttorney
Date
(I
ACCEPTED AND APPROVED this -3V day of fj7t._.. , 19 d .
Contract Auti Ariz ,tion
d
Date
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^
azxzE or TEXAS �
coomzz OF zuRaumc �
u:F0ao ME, the undersigned authority, a Notary eohIic in and
�
for the State of Texas, on this day personally appoored
,
known to me to be the person whose oomo is subscribed
to the foregoing instrument, and acknowledged to me that he executed
the same for the purposes and consideration therein exgccased'
ozvam nmoEo wr oamo AND oEuz OF bi the day of
, 196`� .
'
� m � Public u and for
_ ~ o�at e/�`f Texas
My Commission Expires;
STATE OF TEXAS §
c0omrr OF raRnAwr §
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared ,
of the City of Fort Worth, a Texas home rule
municipal corporation, known to me to be the person and officer
whose uemo is subscribed to the foregoing instrument, and acknowl-
edged to me that the same was the act of the said City of Fort Worth
and that be executed the same as the act of said municipal corpora-
tion for the purposes and consideration therein expressed and in the
capacity therein stated.
szvuN oNoua MY HAND AND eoAz Or OFFICE this, the day of
��
�/ , 19_�/�_.
No ry Public in and fo-1-
nthe State of Texas
My Commission Expires:
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STATE'OF TEXAS § --
COUNTY OF TARRANT §
DRAINAGE
EASEMENT
That we, Burk Collins Investments of Tarrant
County,Texas, for and In consideration of One Dollar($1.00)and other valuable consideration paid
by the City of Fort Worth, a municipal corporation of Tarrant County, Texas, receipt of which is
hereby acknowledged, do grant, bargain and convey to said City, Its successors and assigns, the
use and passage in and along the following parcel or tract of land situated in Tarrant County,Texas,
in accordance with the plat attached, to-wit:
SITUATED in the City of Fort Worth, Tarrant county, Texas and being a drainage
easement in Lot 3, Block 1 in the Z. Boaz Country Place, ,an addition to the
`CC ty of Fort worth, Tarrant County, Texas, according to plat thereof recorded
in Volume 388-101, page 19, Plat Records of Tarrant County, Texas and being
more pa:Fticularly described as follows:
AEG_jrJTNr at a point 17.60 feet N89a57'35"E frcm the northwest corner of said
iot 3, Block 1.
THENCE N890 57'35"E, a distance.of 54.00 feet to a point for corner;
'MINCE; 523016'57"E a distance of 70.74 feet to a point for corner;
TRICE S00002'05"VJ, a distance of 88.00 feet to a point for corner;
Tl ENCE N28010117"11, a distance of 173.49 feet to the MINT OF 9F•CID?rIl r, and
CoMrAINING 5,363 square feet or 0.123 acres, more or less.
TO HAVE AND TO HOLD the above described premises, together with, all and singular, the
rights and appurtenances thereto in anywise belonging, unto the said City of Fort Worth, its suc-
cessors and assigns,forever.And we do hereby bind ourselves,our heirs, successors and assigns,
to warrant and forever defend,all and singular,the said premises unto the said City of Fort Worth,Its
successors and assigns,against every person whomsoever lawfully claiming or to claim the same or
any part thereof.
It is intended by these presents to convey a right-of-way to the said City of Fort Worth to main-
tain and construct the above improvements, with the usual rights of Ingress and egress in the
necessary use of such right-of-way, in and along said premises.
WITNESS.__—._____hand___.__ .this,the.ZY_�I_da .ol—_ � Z� A�
Address of Grantee:
City of Fort Worth
Real Property Management
1000 Throckmorion Street
Fort Worih,'rexas 70102
EXHIBIT "X"
i7. l�$90,57' 35"E
54.Op�
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EX 1413/7 "8"
02AWA(f.E EASEMEN 7-
LOT 3 , 8 LOCk !
.E-. SOA Z CO CJ&JTQY PLACE
AAJ ADD)Ti0A/ TO -THE G/7'Y OF
,'O/ZT AJO27J-N, 7'/-1122AA1- COL.JN Tye
7EXAS , AC402D)nlc'x 'ro PEAT 2 Ga120���
/Al VOLt1ME 20 0, P46 6- g3 P 1Z T"� T
JOHN D. ZIMMERMAN P.E.. R.P.S.
REGISTERED PUBLIC.: :SURVEYOR
2300 ROOSEVELT (4R. UNIT C
ARLINGTON. TLL)KAS 70010
4017) 461- O 1817
EXHIBIT "X"
$TATS-OF TEXAS §
COUNTY OF TARRANT
DRAINAGE & UTILITY
EASEMENT
That we, Burk Collins Investments mF
of Tarrant
County,Texas,for and In consideration of One Dollar($1.00)and other valuable consideration paid
,by the City of Fort Worth, a municipal corporation of Tarrant County, Texas, receipt of which is
hereby acknowledged, do grant, bargain and convey to said City, Its successors and assigns, the
use and passage In and along the following parcel or tract of land situated In Tarrant County,Texas,
In accordance with the plat attached,to-wit:
SITUATED inthe City of Fort T%brth, Tarrant County, Texas and being an easement
in tat 3, Block 1 in the Z. Boaz Country Place, an addition to the City of Fort
Worth, Tarrant County, Texas according to plat thereof recorded in Volume 389-101,
page 19, Plat Records of Tarrant County, Texas ani being more particularly
described as follows;
BMINNM at the northeast corner of said Wt 3; THF= S 000 02' 05" W, a distance
of 5.00 ft to a point for a corner;
THENCE S 890 57' 35" W, a distance of 73.60 ft to a point for a corner;
THfUT, S 270 24' 05" E, a distance of 75.10 ft to a point for a corner;.
THE N 000 02' 05" E, a distance.of 18.97 ft to a point for a corner;
THENCE N 890 57' 35" E, a distance of 10.00 ft to a point for a corner;
THF14M S 000 02' 05" W, a distance of 25.00 ft to a point for a corner;
THENCE S 890 57' 35" -E, a distame of 29.00 ft to a point for a corner;
THENCE S 000 02' 05" W, a distance of 264.92 ft to a point for a corner;
THENCE S 620 45' 45" W, a distance of 27.00 ft to a point for a corner;
THENCE N 000 02' 05" E, a distance Of 222.26 ft to a point for a corner;
ITaNCE N 270 24' 05" W, a distance of 34.91 ft to a point for a corner;
THEE S 890 57' 35" W, a distance of 59:62 ft to a point for a corner;
THENCE N 00 05' 28" E, a distance of 24.Q0 ft to a point for a corner;
THEnZE N 090 57' 35" E, a distance of 47:14 ft to a point for a corner;
Tff= N 270 24' 05" W, a distance of B7.52 ft to a point for a corner;
THENCE N 890 57' 351 E, a distance of 92.86 ft to the POINT OF BEGINNING and
CC)t=lN1M 10,482 sq ft or 0.241 acres of land, more oX less.
TO HAVE AND TO HOLD the above described premises, together with, all and singular, the
rights and appurtenances thereto In anywise belonging, unto the said City of Fort Worth, Its suc-
cessors and assigns, forever.And we do hereby bind ourselves,our heirs,successors and assigns,
to warrant and forever defend,all and singular,the said premises unto the said City of Fort Worth,Its
successors and assigns,against every person whomsoever lawfully claiming or to claim the same or
any part thereof.
It Is Intended by these presents to convoy a right-of-way to the said City of Fort Worth to main-
lain and construct the above Improvements, with Ilia usual rights of Ingress and egress In Ilia
necessary use of such right-of-way,In and along said premises.
WITNESS, ___hand, this,Ihe.1-Leed D.19
Address of Grantee:
City of Fort Worth
Post property Management
1000 Throekmorlon Street
Fort Worth,Texas 76102
EXHIBIT "X"
EXHIBIT "A"
FIELD NOTES
EASEMENT 1
SITUATED inthe City of Fort T%brth, Tarrant County, Texas and being an easement
in lot 3, Block 1 in the Z. Boaz Country Place, an addition to the City of Fort
Worth, Tarrant County, Texas according to plat thereof recorded in Volume 388-101,
page 19, Plat Records.of Tarrant County, Texas and being more particularly
described as follows:
BEGINNING at the northeast corner of said Lot 3; TEII?NCE S 000 02' 05" W, a distance
of 5.00 ft to a point for a corner;
THENCE S 890 57' 35" W, a distance of 73.60 ft to a point for a corner;
THENCE; S 270 24' 05" E, a distance of 75.10 ft to a point for a corner;
THENCE N 000 02' 05" E, a distance.of 18.97 ft to a point for a corner;
THENCE N 890 57' 35" E, a distance of 10.00 ft to a point for a corner;
THENCE S 000 02' 05" W, a distance of 25.00 ft to a point for a corner;
THENCE S 890 57' 35" E, a distance of 29.00 ft to a point for a corner;
THENCE S 000 02' 05" W, a distance of 264.92 ft to a point for a corner;
THENCE S 620 45' 45" W, a distance of 27.00 ft to a point for a corner;
THENCE N 000 02' 05" E, a distance of 222.26 ft to a point for a corner;
TRENCH N 270 24' 05" W, a distance of 34.91 ft to a point for a corner;
TH]a4C'E S 890 57' 35" W, a distance of 59.62 ft to a point for a corner;
THENCE N 00 05' 28" E, a distance of 24.00 ft to a point for a corner;
THE CE N 990 57' 35" E, a distance of 47.14 ft to a point for a corner;
THFI,U: N 270 24' 05" W, a distance of 87.52 ft to a point for a corner;
THENCE N 890 5735 " E, a distance of 92.86 ft to the POINT OF BEGINNING aryl
CONTAINING 10,482 sq ft or 0.241 acres of land, more or less.
�UON.�
EXHIBIT "X"
/SOca�_ 6c)057'.3 5"C vz��
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E45FMENIT 2
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A+89057' E
N.. 47.10, ��` N8�7°.57'35"� 2900'
N1�0°U5'281lG S
2400` 2 ' L!7"I l_ I T Y M T
SL39°57'3 5"LJ,
159 62' EA 5C- MEN S
'1127°24 Q5"/..l
3119+'
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EASEME Al T 2 I h
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16,891
UTILITY EA -'5EMEENT
L-OT 3, l6 LOC,k I
Z, OD A Z COI N-ri2y PLACE
AN 4DDIT101V -TO THE L/ 0' OF-
FORT 1.10/27H! T4(2RA"7- COU KIT I/
7-,�X4 t) -TO /�L47 R&:--C-Or OF_"O
IN VOLLIlV1C 204, PACE 93 PL4T
T412124AIT Co(-/AJTY, 7F"XA t).
JOHN D. ZIMMERMAN P.F., R.P.5,
Rli(A"A'( IIP'"`�I:) ("UBLIC *,A)IRVt:YC.)H
230U (ROUSLVELT EW. UNIT C
ARLIr4GTON, 'T1'X , 70016
(817) 401- 0160
EXHIBIT "X"
F J
d, i 1�'a�oRJ
City of Fort Worth Texas
Mayor and Council Communlicatton
()ATE REFrRENCE: SURJECT,COVENANT AND AGREEMENT BETWEEN PAGE:
NUMBER B pRK COLLINS INVESTMENTS AND THE CITY OF 1
-24-87 **C-10136 F RT WORTH TO OWN T UCT IMPROVEMENT IN A I of
RECOMMENDATION,
It is recommended that City Council authorize the City Manager to execute and
accept a Covenant and Agreement regarding the construction of improvements
within a drainage easement for Z. Boaz Country Place Addition, Block 1, Lot 3.
BACKGROUND
In accordance with standard City policy, the construction of permanent
improvements over and within a drainage easement which contains a storm drain
pipe and which requires the execution of a Covenant and Agreement, by which the
party constructing the permanent improvements over the storm drain pipe assumes
certain responsibilities for the storm drain pipe and indemnifies the City
against damages to the improvements.
Burk Collins Investments, owner, of Lot 3, Block 1, in the Z. Boaz Country Place
Addition has signed such a Covenant and Agreement.
FINANCING:
There is no cost to the City for the agreement .
APPROVED BY
C NCI
Atia dim 11 VIII
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of rwe;k W ar,IX, mw,46,A
CffY !IANAC"�
9E� R Y OISPC ITIIB N BY COUNCIL PROCESSED BY
�6�"Y
OFTWE Ry � � �� AEE"R�CdvED
a�R�#�iNAT9N Michae E. Pyles EP CT' ER (DESCRIBE)
DEPARTMENT HEAD. CITY SECRETARY
...................
FOR AWITMNAL iNfORMATIVch el E Pyl es 8362
... ._ ...,...,,
CONTACT; DATE