HomeMy WebLinkAboutContract 16625 s
�� ° ._,A�_� . , CITY SECRETARY.
DEED, 0 � _. ° k z
REPLACEMENT AND CORRECTION
GRANT OF STORM WATER DRAINAGE EASE ...,
AND
COVENANT AND AGREEMENT
TEXAS CENTERS ASSOCIATES, a California general
partnership ("Owner"), acting by and through its partner,
Gerson I. Fox, is the owner of certain property located in
the City of Fort Worth, County of Tarrant, State of Texas,
legally described in Exhibit A hereto and made a part hereof
("the subject property") .
Recitals
A. Homart Development Co. , a Delaware corporation
( "Homart") , predecessor in interest to Owner, heretofore
constructed certain storm drains across the subject
property, as shown on the survey prepared by Michael D.
Mc Guinness, R.P.S. No. 1965, dated August 13, 1986.
B. Homart also constructed on the subject property a
department store building for J.C. Penney Co. , a Delaware
corporation ("Penney") . That portion of the 111-inch storm
drain which lies beneath the Penney building is described in
Exhibit B hereto and illustrated in Exhibit C hereto, both
of which are made a part hereof. In addition, Homart
constructed certain parking area improvements on and over
said storm drain.
C. The City of Fort Worth ( "City") desires Owner to
grant easements for storm water drainage purposes, the
centerlines, courses and lengths of which shall be identical
with the centerlines, courses and lengths of the existing
storm drains. The description of the easements is set forth
in the Grant of Easement below.
D. Owner intends to maintain the existing Penney
department store building and existing parking area
improvements and to erect additional building and parking
area improvements, within, upon and over the easements being
granted herein to the City of Fort Worth.
`
E. As used herein, the term "parking area
improvements" means pavement, sidewalks, utility lines,
lighting fixtures, landscaping and other parking facilities
located on the subject property, excluding buildiogs.
F. The term "Owner" as used herein shall mean n°oor,
its successors and assigns, and their respective employees,
representatives, agents and independent contractors. The
term "City" an used ucceio shall mean the City of Fort
Worth, its auucraaozo and assigns, and their respective
employees, representatives, agents and independent
contractors.
Grant of Easement
Based on the foregoing recitals and in consideration of
the mit"vl covenants occeinuttcz set forth, Owner hereby
grants to City easements for storm water drainage purposes,
on and across the strips of land, each of which is
identified as "Drainage Easement" or "Drain Esmt'^ on the
map attached as Exhibit o hereto and made a part hereof,
each of which is hereinafter called "Drainage Easement", and
all of which is hereinafter called "Drainage Easements".
Said grant shall include (i) rights to inspect, maintain,
repair, alter, remove, reconstruct and replace any storm
dc"ivauc pipes, lines or facilities (collectively referred
to as "the storm drainage facilities") now existing or
henceforth placed within the Drainage Easements "ode, the
circumstances described in paragraph 4 below, and otherwise
use the Drainage Easements for storm water drainage and the
collection of surface water run-off; and (ii) rights of
ingress and egress to which the City is entitled by law and
that are necessary to its use of the Drainage Easements for
the purposes described herein.
Covenant and Agreement
Based on the foregoing recitals and in consideration of
the mutual covenants herein contained, owner and City
covenant and agree as follows:
-z-
oJxnma5(4-az-87/z)
.
1. Owner hereby agrees to submit, before the
commencement of construction, to the Director of the
Department of Transportation and Public Works of the City of
Fort Worth (the "Director") , all foundation plans and
specifications for any permanent improvements for which a
building permit is required by city (hereinafter culled the
"Improvements" ) that Owner proposes to construct within,
upon or over any Drainage Easement. The foregoing covenant
is not intended to limit Owner 's duty to obtain all other
necessary approvals required by City for the issuance of u
building permit for the construction of the Improvements.
Owner shall not commence construction of the Improvements or
any work related thereto unless and until Owner has received
written notice from the Director that the Director has no
objections to the foundation plans and specifications. The
Director abaD exercise doe diligence in reviewing the
foundation plans and specifications so that notice of the
Director 's objections or lack thereof shall be communicated
to Owner in a timely manner . The grounds for such
objections, it any, shall be stated with reasonable
certainty, and, to the extent practicable, the criteria for
eliminating such objections shall be stated. Failure by the
Director to object to the foundation plans and
specifications for the Improvements shall not constitute a
waiver by any other City officials or divisions of the
City's right to approve the plans and specifications for the
improvements (including the foundations) as pact of the
processing of Owner 's application for a building germit'
Nor shall the Director 's failure to object to the foundation
plans and specifications constitute any assumption of
liability by City for any defects, omissions or failures in
the design or construction of the Improvements. Owner shall
be solely responsible for such defecta, omissions or
failures, and 0vnrc xrrchy releases City from any claims for
damages to the Improvements resulting from such defects,
-3-
xuxo0365(4-22-87/2)
.
^
omissions or failures. Moreover, the indemnity provisions
of po,ugcopx 7 shall apply thereto.
a. Except as otherwise provided in this Agreement or
by law, city shall out be liable for any flooding, runoff or
other problems created by, resulting from or directly or
indirectly ,elated to, the design, construction or the
existence of the Improvements, and owner shall indemnify
City therefor in accordance with paragraph 7 hereof.
a. Owner further agrees to assume all responsibility
for the repair, maintenance, alteration, removal,
replacement, redesign or reconstruction (collectively called
"maiotcoaoce" for convenience in this Agreement) of any
storm drainage facilities now existing or xenoc±octu
installed by wvocc within the Drainage Easements.
maiotexance of the storm drainage facilities shall be
performed by Owner in a manner consistent with the standards
used by city in the maintenance of like facilities and in
accordance with the ordinances of City, it being expressly
agreed by the parties hereto that the Director shall have
sole and final authority for judging, such judgment to he
exercised in a reasonable manner, whether such maintenance
is necessary to safeguard the canacity of such facilities
for conveying storm water runoff (hereinafter called
,.necessary maintenance") .
«. Except in the case of an emergency threatening
imminent danger to persons or property, City shall give at
least aO days' prior written notice to Owner of the need for
necessary maintenance, specifying the reasons therefor with
reasonable certainty, and stating whether or riot Owner must
prepare plans and specifications showing the necessary
maintenance work to be performed.
(a) Subject to delays caused by events beyond
owner's reasonable control, Owner hereby agrees:
(l ) To commence and complete, within the
period prescribed in City's written notice. any
_«_
aJx00365(4-22-87/2)
'
necessary maintenance that does not require the
preparation of plans and specifications; or
(z) In the case of necessary maintenance that
requires the preparation of plans and specifications:
to cause the preparation of plans and specifications; to
call for bids or negotiate a construction contract for
the work to be performed; to obtain any necessary
permits from City; and to commence as anno as reasonably
practicable after receipt of such written notice and to
complete the necessary maintenance with due diligence.
(b) Notwithstanding the provisions of subparagraph
(a) of this paragraph o, necessary maintenance, insofar as
it. would take place on the subject property, need not be
performed by owner during the period beginning November l
and ending January l, excepL (i) in the case of an emergency
threatening imminent danger to persons or property, or (ii )
in the case of necessary maintenance that can be performed
below the surface of the ground without disrupting the
surface of the ground.
(c) If Owner falls to perform the necessary
maintenance, city retains the right to do so but uqceca not
to perform the necessary maintenance during the period
beginning November z and ending January 1, subject to the
two exceptions act forth in subparagraph (u) of this
paragraph 4/ and in the case of an emergency threatening
imminent danger to persons or property, City shall have the
right to enter the subject property at any time to perform
the necessary maintenance. City's work shall be performed
as expeditiously as possible and in a muonc,, consistent
with sound construction practices, that will minimize
interference with any business being conducted on the
subject property and the free flow of traffic.
<d> If city performs the necessary maintenance
pursuant to subparagraph (c) of this paragraph *, Owner
agrees to reimburse City for the cost thereof. City shall
have a lien on the subject property to secure the required
-s-
o-Inuosa5(o-az-a7/z)
'
. .
reimbursement and axuo have the right to file an affidavit
in o*c0 Records of Tarrant countv, zexas, specifying the
necessary maintenance performed by City, the reimbursement
amount to which city is eudueu and the type of lien.
5. owucc agrees that if it becomes necessary for City
to perform the necessary maintenance, and if City makes a
reasonable determination based on established engineering
practices txaL proper performance of the necessary
maintenance will require Owner to demolish, protect, rebuild
or otherwise perform work on any of owner's improvements
(collectively called "Owner's work") , Owner shall perform
such vuzu and shall he solely responsible for the payment of
the cost thereof. City hereby warrants and covenants that,
as of the effective date of this Agreement, city has no
plans or proposals, of which Owner has not been made aware
in writing, under which City would undertake any necessary
maintenance or cause the performance of ow^cc 'u work. Owner
hereby expressly waives any claim and agrees to hold city
harmless from any claim arising out of direct or
consequential damage to or destruction or demolition of any
improvements owned by Owner when such damage, destruction or
demolition is reasonably necessary to perform necessary
maintenance, except that this waiver and indemnification
s»uD not apply to the negligent acts of city'
s. Notwithstanding the foregoing provisions, Owner
ouazz at all times have the option to relocate, at Owner's
sole cost, all or part of the storm drainage facilities,
which now lie or will lie beneath the existing improvements
or any improvements, including the Improvements, proposed to
be constructed or hereafter constructed by Ovoc, on the
subject property.
7. Except in the case of City's negligence, Owner
further agrees to and dues hereby indemnify, hold harmless
and defend City, from and against:
(a) Any and all claims or suits for damage,
liability, expense or zo;a which may be sustained by Owner
-a-
uiuo83m(4-zz-97/z)
. .
^
or any third party relating to the Improvements, to
improvements under construction or to contents within any
building improvements, at any time such improvements or such
contents are located over or immediately adjacent to any
Drainage Easement, woct»c, or not such liability, expense,
loss or damage results from any structural failure of such
improvements, from defects in the design or construction of
such improvements, or from flooding or rising water; and
(b) Any and all claims or causes of action of any
nature whatsoever, whether zeal or asserted, for personal
injuries ( including death) or property damage arising out
of, cuoxcd by' or directly or indirectly related in any way
to, the design, construction, redesign or ,pcnoetcuotioo of
the storm drainage facilities or the existence of any
building or structure immediately adjacent to or over any
Drainage Easement, and to any failure of Owner to perform
necessary maintenance in accordance with paragraph 3.
The foregoing indemnity in favor of city is not
intended to waive Owner 's rights against any persons other
than Ci'v.
a. In addition to the right to install improvements
and parking area improvements on and over the Drainage
Easements, Owner shall have the following rights and
privileges with respect thereto:
(a) To normal surface use and enjoyment of the
Drainage Easements, including, but not limited to, the
free passage of vehicles and pedestrians, provided that
such use and enjoyment does not impede or interfere with
the rights granted City hereunder; and
(b) To grant additional easements within the
Drainage Easements to public bodies and public utility
oongaoieo/ provided that (i) no such easement shall
impede or interfere with the Drainage Easements and
rights granted to city hereunder, (ii ) city shall not be
crguiccd to move any portion of the storm drainage
facilities, and (iii) no such easement to or use by such
-7-
ooK00365(4-22-87/2)
,
public body or public utility company shall itself be in
violation of any applicable governmental requirement, or
render the use or existence of the storm drainage
facilities in violation of any applicable governmental
requirement.
9. In the event that Owner's improvements are
destroyed or damaged by fire, flood, or any other cause, the
demolition, replacement or reconstruction of the
improvements shall be the sole responsibility of Owner, and
all costs for such demolition, replacement or reconstruction
shall be paid by Owner. If Owner elects to replace or
reconstruct the Improvements, they shall be replaced or
reconstructed according to foundation plans and
specifications that have been submitted to the Director and
not objected to by the Director in accordance with the
provisions of paragraph 2.
10. Owner agrees to provide City with a certificate of
insurance as proof that Owner has secured and paid for a
polio of public liability insurance covering all public
risks related in any way to the improvements or their use as
described herein. At present, the amounts of such insurance
shall be not less than:
Property Damage $100,000
Personal Injury or Death per Accident $300,000
11. Owner agrees that such insurance amounts may be
increased on a commercially reasonable basis; provided,
however, Owner shall not be required to obtain insurance
coverage beyond the following amounts:
Property Damage $ 500,000
Personal Injury or Death per Accident $5,000,000
12. The provisions of this Agreement relating to
indemnities between the parties hereto and their successors
and assigns shall not create any rights in third persons or
entities not expressly stated in this Agreement to be
beneficiaries of such indemnities.
-8-
k.JK00365(a-22-87/2)
13. The covenants and agreements contained herein shall
run with the land and shall be binding upon Owner and upon
each successive owner during Owner 's and each successive
owner 's respective period of ownership of the subject
property. Said covenants and agreements shall continue in
effect so long as any building or Improvements shall remain
within, on or over any Drainage Easement or until expressly
released by proper authority of the City of Fort Worth,
Texas.
14. In the event of a change in circumstances
necessitating as amendment to this Agreement, Owner and City
mutually agree to negotiate in good faith the terms of such
amendment.
15. This Agreement shall be governed by the laws of the
State of Texas. Venue for any cause of action arising
hereunder or related, either directly or indirectly hereto,
shall be in Tarrant County, Texas.
16. All notices provided for herein shall be deemed
effective on the date personally delivered or the date
appearing on return receipt if the notice is deposited in
the United States mail, certified, return receipt requested,
addressed as follows:
Owner: Texas Centers Associates
653 Seminary South
Fort Worth, Texas 76115
Attention: Mall Manager
with copy to: Texas Centers Associates
1430 Huntington Drive
Duarte, California 91010
Attention: Gerson I. Fox
City: City of Fort Worth, Texas
Transportation and Public Works
Department
1000 Throckmorton Street
Fort Worth, Texas 76102
Attn: Director of Transporation
and Public Works
If the notice is sent by certified mail and delivery is
refused or the notice is unclaimed, the notice shall be
deemed effective 72 hours after deposit in the United States
mail. The foregoing addresses shall be effective until
-9-
RJK00365(4-22-87/2)
written notice of any change therein is received by the
other party.
RECITALS: This Instrument replaces and corrects the
Grant of Storm Water Drainage Easements and Covenant and
Agreement executed by the Grantor, Texas Centers Associates,
on April 24, 1987. Except for the correction noted below,
this Instrument is identical to (i) the instrument filed
June 16, 1987, recorded in Volume 8979, Page 842, Deed
Records of Tarrant County, Texas, in which the date of
acceptance and approval by the City of Fort Worth, Texas is
not shown, and (ii) the instrument filed July 17, 1987,
recorded in Volume 9009, Page 2072, Deed Records of Tarrant
County, Texas, in which July 10, 1987 is shown as the date
of acceptance and approval by the City of Fort Worth,
Texas. The sole correction is the addition of Exhibit D to
this Instrument, which exhibit was inadvertently not
recorded as part of the instruments filed June 16, 1987 and
July 17, 1987. All three instruments are one and the same.
DATED this day off..J '-1' f, 19B8.
TEXAS CENTERS ASSOCIATES,
a California _qe 1
partners h'
By
--;r-
Ge son i r tner,,
ACCEPTED AND APPROVED this Jb-'k-day of 1988
ATTEST: 0
CIT� FORT WO TH, TEXAS
By
City Secretary Sity manager
APPROVED AS TO IYORM AND LEGALITY:
avoe-
i;-Tty Attorney 4rl
Dated 1988
q
ULLL) ljA,114,<,t,
Cw'I E
RJ1<00365(5-17-88)
ACKNOWLEDGMENTS
STATE OF CALIFORNIA
) Ss.
COUNTY OF LOS ANGELES
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on .this day personally appeared Gerson I. Fox,
known to me to be the person and the partner of TEXAS CENTERS
ASSOCIATES, whose name is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said
partnership, and that he executed the same as the act of said
partnership for the purposes and consideration therein expressed
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this jF day of
1988.
Notary Public in an for the OFFICIAL SEAL
State of California BO BETTE R. ABRAMSON F,
NOTARY PUBLIC-CAUFORNIA C
OFF IN
My Commission Expires: C "'TFI�1`1�
LOS PRINCIPAL ANGELES CUUICL NTY
'd my Commission Expires Oct. 14, 1988
q 'Fk'( A25'�r
STATE OF TEXAS
SS.
COUNTY OF TARRANT
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Ln)z o
A, �Vt)2 of the City of Fort Worth, a Texas home rule
municipal ca�poration, 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.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of
1988.
No u
o -ary Pubic 1'6Vn and for the
State of Texas
My Commission Expires:
SHIRLEY FERRELL
:;idle or texas
MY C-mMJW.. 2,
RJK00365(5-17-88)
LEGAL DESCRIPT,ON OF SHOPPING CENTER
Being a tract of land situated in the.I.F Ellis Survey,Abstract No.490,the John Thornhill Survey,Abstract
No.1519,and the Lewis Wetmore Survey,Abstract Number 1649,all of Tarrant County,Texas,and being a
portion of that certain tract of land as described by deed to Texas Centers Associates and recorded in Deed
Volume 8407,Page 2269,County Records,Tarrant County,Texas,said tract of land being more particularly
described as follows:
Beginning at a 518 inch iron rod found,the intersection of the Southerly right-of-way line of East Bolt Street
(a 62 foot wide public right-of-way)with the Westerly right-of-way line of Interstate Highway 35W(a variable
width right-of-way);
Thence along the Westerly right-of-way line of said Interstate Highway 35W,the fallowing courses and
distances:
South 00 degrees 26 minutes 49 seconds West,446.76 feet to a 518 inch iron rod found;
South 00 degrees 49 minutes 25 seconds East,225.77 feet to a 5/8 inch iron rod found;
South 00 degrees DO minutes 50 seconds West,147.70 feet to a 5/8 inch iron rod found,the
beginning of a curve to the right;
Along said curve to the right in a Southwesterly direction through a central angle of 30 degrees
05 minutes 00 seconds,a radius of 660.07 feet,an arc length of 346.57 feet and a long chord of
South 15 degrees 03 minutes 20 seconds West,342.60 feet to a 5/8 inch iron rod found;
South 30 degrees 05 minutes 50 seconds West,138.52 feet to a 518 inch iron rod found,the
beginning of a curve to the left;
Along said curve to the loll in a Southwesterly direction through a central angle of 25 degrees
D9 minutes 06 seconds,a radius of 407.97 feet,an arc length of 179.09 feet and a long chord of
South 17 degrees 31 minutes 17 seconds West,177.66 feet to a 518 inch iron rod with cap
stamped"Carter&Burgess",sat;
South 47 degrees 15 minutes 16 seconds West,14.58 feet to an"X"cut in concrete set in the
Northerly right-of-way line of Seminary Drive(a variable width right-of-way);
Thence along the Northerly right-of-way line of said Seminary Drive,the following courses and distances:
North 89 degrees 37 minutes DO seconds West,1287.21 feet to a point from which a 518 Inch
iron rod found bears South 16 degrees 27 minutes 46 seconds West,0.29 feet,said point being
the beginning of a curve to the right;
Along said curve to the right in a Northwesterly direction through a central angle of 27 degrees
48 minutes 00 seconds,a radius of 460.90 feet,an arc length of 223.63 feet and a long chord of
North 75 degrees 43 minutes 00 seconds West,221.44 feet to a 5/8 inch iron rod found;
North 61 degrees 49 minutes 00 seconds West,19.95 feet to a 518 inch iron rod found,the
beginning of a curve to the left
Along said curve to the left in a Northwesterly direction through a central angle of 19 degrees 26
minutes 00 seconds,a radius of 862.51 feet,an arc length of 292.54 feet and a long chord of
North 71 degrees 32 minutes 00 seconds West,291.14 feet to a 5/8 inch iron rod found;
North 75 degrees 45 minutes 52 seconds West,175.09 feet to a 7/8 inch iron rod found;
North 79 degrees 46 minutes 13 seconds West,136.82 feet to a 5/8 inch iron rod found in the
Easterly line of a 100 foot wide Missouri,Kansas and Texas Railroad right-of-way;
Thence along the Easterly line of said railroad right-of-way,the following courses and distances:
North 13 degrees 30 minutes 03 seconds West,663.7 feet to a 5/8 inch iron rod found,the
beginning of a curve to the right;
Along said curve to the right in a Northerly direction through a central angle of 05 degrees 52
minutes 20 seconds,a radius of 5679.65 feet,an arc length of 582.10 feet and a long chord of
North 10 degrees 33 minutes 53 seconds West,581.85 feet to a 518 inch iron rod found in the
Southerly right-of-way line of the aforementioned East Soft Street;
Thence North 89 degrees 59 minutes 12 seconds East,along the Southerly right-of-way line of said East
Bolt Street,2584.42 feet to the Point of Beginning and Containing 3,370,535 square feet or 77.377 acres of
land,more or less.
EXHIBITA
EXHIBIT
LEGAL DESCRIPTION
OF
SEMINARY SOUTH MALL
35-FOOT WIDE DRAINAGE EASEMENT ENCROACHMENT
Being a 0.136-acre tract of land situated in the J. F. Ellis
Survey, Abstract No. 490, Tarrant County, Texas, and being a portion of
that certain tract of land conveyed to Texas Centers Associates as
recorded in Deed Volume 8407, Page 2269, County Records, Tarrant County,
Texas, said tract of land being more particularly described by metes and
bounds as follows;
COMMENCING at a 5/8 inch iron rod found for the northwest corner of
said Texas Centers Associates tract, said iron rod also being in the
east line of the Missouri, Kansas 6 Texas Railroad right-of-way (100
feet wide) and the south line of East Bolt Street (62 feet wide);
THENCE N 890 59' 12" E, along the south line of East Bolt Street,
1265.48 feet;
THENCE S 000 00' 48" E, 153.81 feet to the northwest corner of a
Seminary South Mall building currently occupied by J. C. Penney;
THENCE S 720 53' 48" E, along the northerly face of said Seminary
Mall building, 49.85 feet to the POINT OF BEGINNING of the herein
described tract of land;
THENCE S 720 53' 48" E, continuing along the northerly face of said
Seminary Mall building, 45.83 feet to the beginning of a non-tangent
curve to the left;
THENCE 124.19 feet along the are of said non-tangent curve to the
left, having a radius of 282.50 feet, a central angle of 250 11' 13",
whose long chord bears S 470 38' 22" W, 123.19 feet;
THENCE S 350 02' 46" W, 100.80 feet to the beginning of a curve to
the right;
THENCE 6.42 feet along the arc of said curve to the right, having a
radius of 317.50 feet, a central angle of 010 09' 29", whose long chord
bears S 350 37' 30" W, 6.42 feet to the westerly face of said Seminary
Mall building;
THENCE N 170 06' 12" E, along said westerly face of building,
113.40 feet to the beginning of a non-tangent curve to the right;
THENCE 107.52 feet along the arc of said non-tangent curve to the
right, having a radius of 317.50 feet, a central angle of 190 24' 10",
whose long chord bears N 440 52' 04" E, 107.01 feet to the POINT OF
BEGINNING and containing 0.136 acre of land, more or less.
C&B No. 8509831400
2/10/87
Page 1 of 1
�
'
,
r
Point Of
COMMENCING
.00 OFF
4 19024'10" Ile
LC N44*52'04'F-
ko?01 1000,
123 iC3
C. PENNEY
'Exhibit C Showing
R- B17SO SEMINARY SOU-rH MALL
LC.S55'3'7'W'W 55' WIDE DRAINAGE EASEMENT
Texos
DATE ci-oo�eo SHT NO.
CARTER BURGESS,INC.
ENGINEERS PLANNERS DRAWN CC
DESiGNED
-
J OB NO CHECKED M21,!
ity of Fort Worth Texas
-2 1 11 1,,�� 1�)
4C
TII
FtATIONLPUB LIQ Y' -ununication
;�tayor and Council t�o" n)
A AOMINISIRATION 4
PROW Uf,!k I L REFERENCE SU13JECT: STORM WATER DRAINAGE EASEMENTS PAGE
NUMBER AND COVENANTS AND AGREEMENT/ I of I
6-23-87 **L-9274 SEMINARY SOUTH MALL
RECOMMENDATION(s) : -
It is recommended that:
1. The Council grant approval for the City to enter into a Grant of Storm
Water Drainage Easements and Covenant and Agreement with Texas Centers
Associates ; and -
2. The City Manager be authorized to execute the Grant of Storm Water
Drainage Easements and Covenant and Agreement.
Discussion:
Texas Cen s Associates, owner of the Block 1, Seminary South Mall Addition,
proposes to enter into easements for storm water drainage, which are
irregularly sloped strips of land over and across said property. The grant of
these new permanent easements, along with the covenants and agreements, have
been reviewed and approved by the Departments of Law and TransRortation and
Public Works.
1. Consideration: $1.00 Zoning: 'IF" Commercial and
"V Heavy Industrial
Parcel No. : 1
Owner
Texi—s Centers Associates
Financing:
Sufficient funds are available in New Development Fund 90, Project No.
136025-00, Seminary South Mall . This expenditure will be made from Index Code
599900.
APPROVED BY
DAI:k CITY COUNCIL
JUN 23 1987
Ci y Secretary of the
SuBwTIED FOR IHL -Uy 01 terf W01th,TeXam
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY
OFFICE By� APPROVED
GRIGINATINC OTHER (DESCRIBE)
OFFARTMENT HEAD: Michael E. Pyl ek/ah CITY SECRETARY
F-R ATD;TIONAL INFORMA
C�;NTACT chael E. Pyl es 8362 1 1 DATE