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Home My WebLink AboutContract 7426 VOL5404 P448 CITY S : R Y DRAINAGE DITCH MAINTENANCE AGREEMENT CONTRACT No — 'ERE STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF TARRANT X WHEREAS, Jackie L. Pierce and Patricia A. Pierce, are the owners of Lot 18, Block 15, Overton West Addition, an addition to the City of Fort Worth, Tarrant County, Texas; and, WHEREAS, Jackie L. and Patricia A. Pierce have prepared and submitted a plat of said area to the City of Fort Worth for its approval prior to such plat being recorded in the office of the County Clerk of Tarrant County, Texas, and by virtue of such plat, Developer proposes to dedicate to the City of Fort Worth a drainage easement which extends from the south east corner of Lot 18 for approximately 520 feet north along the east side of Lot 18, and is shown as the area outlined in red on the attached diagram, which is marked Exhibit "A" and hereby incorporated herein by reference for all purposes; and, NOW THEREFORE, I Jackie L. and Patricia A. Pierce of Tarrant County, Texas, being the owners of Lot 18, Block 15, Overton West Addition to the City of Fort Worth, Tarrant County, Texas, hereinafter called "Developer", one dollar and 00/100 ($1.00) to them in hand paid by the City of Fort Worth, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby covenants as follows with the public and the City of Fort Worth, such convenants to constitute a servitude upon and to run with the land and be binding upon Jackie L. and Patricia A. Pierce and all future owners of the following described real property situated in Fort Worth, Tarrant County, Texas: i � p,T" � Lot 18, Block 15, Overton West Addition to the City of Fort Worth, Tarrant County, Texas, as h ire' shown on plat recorded in Volume 388-$1Page 34 of the Plat Records of Tarrant County, Texas. Developer covenants and agrees to maintain at all times the bed and banks of the drainage channel in the drainage easement outlined in red on the attached Exhibit "A" in accordance with the current standards I,m then in force and effect in the City of Fort Worth at no expense to the City of Fort Worth. In the event Developer fails or refuses to correct any deficiencies or to make any improvements in the bed and banks of the drainage channel which are necessary in the opinion of the City of Fort Worth to bring such drainage channel into compliance with the current standards for such channels then in force and effect in the City of Fort Worth within 60 days after being directed in writing by the City of Fort Worth to correct such deficiencies or make such improvements, then and in such event the City of Fort Worth shall be authorized to enter in and upon such drainage channel and to correct such deficiencies or make such improvements or cause same to be done on behalf of and at the expense of Developer and to impress a lien for the cost of such work upon the real property in Lot 18, Block 15, Overton West Addition to the City of Fort Worth, Tarrant County, Texas, adjacent to and abutting the area in the drainage channel where such work was performed in order to secure reimbursement for such cost to the City. Such lien shall be perfected by filing in the office of the County Clerk of Tarrant County, Texas, an affidavit identifying the property to be charged with such lien, stating the amount thereof, and making reference to this agreement. 2. Developer covenants and agrees and does hereby indemnify, hold harmless and defend the City of Fort Worth, its agents, servants and employees from and against all costs, expenses, losses, damages, claims or causes of action Whatsoever arising, or which might arise, from the failure of Developer or any future owners of the above described property to maintain the bed and banks of the drainage channel in accordance herewith, or to perform any of its duties or obligations hereunder. 3. Developer covenants and agrees that no habitable building shall be erected within the drainage easement outlined in red on Exhibit "A", but this paragraph shall not preclude construction of other improvements within the drainage easement which do not impede drainage. -2- 5404 Pam „ ,5404 pao,350 4. Developer covenants and agrees that no habitable building shall be erected on the above described property abutting such easement which shall have a finished floor at an elevation less than two feet above the maximum depth of water in the drainage channel which would occur during a fifty (50) year frequency flood. 5. Developer agrees that the above described real property abutting the drainage channel will not be subdivided into smaller parcels or tracts unless and until an agreement in writing is made between the City of Fort Worth and the then owners thereof providing for the improvement at no expense to the City of the bed and banks of the drainage channel to the extent deemed necessary by the City, impressing a lien upon such parcels or tracts for the cost of such improvements and indemnifying the City of Fort Worth, its agents, servants and employees from and against all cost, expenses, losses, damages, claims or causes of action whatsoever arising, or which might arise, from the failure of such future owners to maintain the bed and banks of the drainage channel in accordance herewith, or to perform any of their respective duties and obligations hereunder. It is further agreed that any attempt by developer to subdivide said real property without first complying herewith and any purported cognizance made pursuant thereto shall be void. The above covenants and agreements shall constitute a servitude upon and shall run with the land and be binding upon the Developer and all subsequent owners of the above described real property abutting the drainage easement outlined in red on the attached Exhibit "A”, and hereby incorporated herein by reference for all purposes. EXECUTED THIS , t�'DAY OF 1""r 43�r, A.D. 1973. Z L�"(' a -3- THF STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, on this day personally appeared d c L<I L '_"./z±.,e- known to be the person whose name is subscribed to the foregoing instrument and acknow- ledged to me that he executed the same for the purposes and consideration oao therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this /Po -? day of "2—v A.D., 19;1:w% j Ak'e' Notary Publ in and f r( e� ' 6 arrant C unty, Texas. -4- VOL0404 pa,751 ` SCALE; I""=100` w � t cn F— .'n ,V p 5 < q � '� 8A Q 4 2 ' vi m I / q a d 0 C7:. �r(i S7700 Z— AC' / w12 0� �`��" rE�e''wnkeo � o IDG 10'DRAI NAG E 2 Q fj T EASEMEN / h I ery` 19 �. I UTILITY pj [] j \ EASEMENT �dFj �y//Iowzl �` " 1 F 11 w 20' DRAINAGE 88 - 20 � I vrt UTILITY EASEMENT) tV E,, iW �f i jai p u- J,f iaa U 45 ' 10 i F— 21 iv I W Lt1 5 I S. SWARTHOUT SURVEY B_LQ.88 C. R,R. SIR1f 11 -- WILjA—M J MORGA N SURVEY S89°06 W 389.2 PLAT OF LOT 18 BLOCK 15 OVERTON 'WEST ADDITION NOTE. FORT WORTH TARRANT COUNTY TEXAS •"NoSUILDINQF'EWITSSF4AL v, o s FOR ANY LOT TN THIS FtAI PROVISICIN's 140E FAIR THE STRUCTION OF TW WATIER. " r STORM CIRAIN STREXT LIGH °' � � � PAVING IMPROVEMENTS AND „ PROVAL ►S OFITAINtO FROM CITY OF FORT WORTH.-, I CERTIFY THIS PLAT TO BE TRUE AND CORRECT AS SURVEYED CITY CIF,;,fORT WORTH TM ON THE GROUND, CITY. PLAN OOM41/IISSION N4TEj THIS FLAT IS V"ONLY IF REOMM sw ps) 1y o*tHs A rta,DATE CI A _ R( PLAT, c► aA ;.r-75 it of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE SUBJECT: is Agreement for PAGE r4UMBER Drainage Ditch; Lot 18, 1 1 2/26/73 C-2455 B. ck 15 Overton West Additiont I of - Jackie L. Pierce and Patricia A. Pierce, owners of Lot 18, Block 1- , Overton West Addition, have requested that the City of Fort Worth accept a Drainage Ditch Maintenance Agreement for a drainage ditch crossing their property, All needed improvements relating to the property, including streets, street lights, water and sewer facilities are existing with the exception of storm drain facilities. The owners propose to eater into a maintenance agreement in lieu of concrete lining the drainage ditch. The maintenance agreement for the drainage ditch, would ails w the owners to maintain the drainage ditch indicated on the attached exhibit, as an attractive element of the property. The Public Works Department has no dbjection to the acceptance of the drainage ditch maintenance agreement for this property. R4commendati It is recommended that the City Manager be permitted to accept a Drainage Ditdh Maintenance Agreement for Lot 18, Block 15, Overton West Addition. BNL:ms Attachment SUBMITTED RYM DISPOSITION BY COUNCIL. PROCESSED OY APPROVED OTHER (DESCRIBE) MY SECRETARY DATE c3r( MANAGER