HomeMy WebLinkAboutContract 13743 DRAINAGE AND FLOODWAY EASEMENT
ACROSS LOT 2, BLOCK 1, ROYCE SANDERS ADDITION
TO THE CITY OF FORT WORTH, TEXAS CITY SECRER
THE STATE OF TEXAS awma, 0
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
That We, EULESS EXCAVATING, INC. 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 corpor-
ation of Tarrant County, Texas, receipt of which is hereby acknow-
ledged, 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 ti-.e description, to-wit:
DRAINAGE AND FLOODWAY EASEMENT
A strip of land eighteen (18) feet in width over, under
and across a portion of a tract of land out of the G. W.
Couch Survey, Abstract No. 279, belonging to Euless
Excavating, Inc. , said tract of land being that land des-
cribed in the Deed Records, Deed recorded in Volume 7043,
Page 673, Tarrant; County Deed Records, to be used for the
purpose of conveying storm water runoff with the ap-
purtenances and connections necessary according to stand-
ards and policies of the City of Fort Worth, Texas;
The centerline of said Drainage Easement to be as follows:
BEGINNING at a point South 1 degree 13 minutes West, a
distance of 9.00 feet from the Northwest corner of Lot 2,
Block 1, Royce Sanders Addition, an addition to the City
of Fort Worth, Texas, as recorded in Volume 388-Z41
Page 78 Tarrant County Plat Records, and dated
4-13-81 1 said point also being in the East
right-of-way line of Euless-Grapevine Road (Euless South
Main Street) ;
THENCE, East 315 feet to a point.
The said eighteen (18) foot wide strip of land containing
5,673 square feet of land.
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 successors
and assigns, forever. And we do hereby bind ourselves, our heirs,
successors and assigns, to warrant and 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.
WITNESS MY hand this the 3RD day of AUGUST A.,D. 1982.
Tommy C. Vdi e
Executive ice President
Euless Excavating, Inc.
THE STATE OF TEXAS
COUNTY OF TARRANT 5
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared TOMMY C. WISE,
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 EULESS EXCAVATING, INC. , a corporation, and that
he executed the same as the act of such corporation for the purposes
and consideration therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 3RD day of
AUGUST 1982.
Notalry Public in and for the
State of Texas
My Commission Expires: 31 JULY 1984
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ACROSS LOT 2 DLK . 1
ROYCE SANDERS ADDITION
EXHIBIT
DRAINAGE CHANNEL MAINTENANCE AGREEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS THAT:
COUNTY OF TARRANT §
WHEREAS, Lot 2, Block 1 , Royce Sanders Addition as recorded in
Volume 388-7, Page 92, Tarrant County Deed Records is an addition to
the City of Fort Worth, Tarrant County, Texas; and,
WHEREAS, Euless Excavating, Incorporated, acting by and through
its Executive Vice-President, Tommy C. Wise has conveyed a drainage
and floodway easement across said lot and block of said addition,
said easement being shown as the area outlined on the attached
diagram, which is marked Exhibit "A" and hereby incorporated herein
by reference for all purposes; and being described to wit:
A strip of land eighteen (18) feet in width over, under, and across
the above described real property, being nine (9) feet each side of
a line described as follows:
Beginning at a point South 1° 13' west, a distance of 9.00 feet from
-the north west corner of Lot 2, Block 1 , Royce Sanders Addition, an
addition to the City of Fort Worth, as recorded in Volume 388-141 ,
Page 78 , Tarrant County Plat Records and dated 4-13-81 ,
said point also being in the east right-of-way line of Euless
Grapevine Road (Euless South Main Street);
THENCE -- East 315 feet to a point.
and, containing 5,673 square feet of land.
NOW THEREFORE ,
Euless Excavating, Incorporated, acting by and through its
Executive Vice-President, Tommy C. Wise, of Tarrant County, Texas,
being the owner of Lot 2, Block 1 , Royce Sanders Addition to the
City of Fort Worth, Tarrant County, Texas, hereinafter called
"Developer" , one dollar and 00/100 ($1 .00) , to him 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 covenants to constitute a servitude upon and to run with the
Iauo and be binding upon Euless Excavating, Incorporated and its
Executive Vice-President, Tommy C. Wise, and all future owners of
Lot 2, Block l , Royce Sanders Addition to the City of Fort Worth,
Tarrant County, Texas, hereinafter called "Lot 2."
1 .
Developer covenants and agrees to maintain at all times the bed
and banks of the drainage channel in the drainage easement outlined
on the attached Exhibit "A" in accordance with the current standards
then in force and effect in the city of Fort nmctb 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 rurt Worth to correct such
deficiencies or make such improvements, +beo and in such event the
City of Fort w»ctb 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 the Developer and to impress u lien for the coat of such
work upon the real property in Lot 2 adjacent to and abutting the
area in the drainage channel where such work was performed in order
to n*nnce reimbursement for such cost to the City. Such lien nbaII
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, bold
harmless and defend the city of Fort Worth, its agents, servants and
-
employees from and against all costs, expenses, losses, damages,
claims or oanoeo of action whatsoever arising, or which might arise,
from the failure of Developer or any future owners of Lot Z to
maintain the bed and banks of the drainage channel in accordance
herewith, or to perform any of its duties or obligations hereunder.
2,
Developer covenants and asrccn that no habitable building shall
be erected within the drainage easement outlined on Exhibit "A" , but
this paragraph pbaII not preclude construction of other improvements
within the drainage easement which do not impede drainage.
4,
Developer covenants and agrees that no habitable building shall
be cccztcd on Lot 2 abutting such easement which shall have a
finished floor at an elevation less than one ( 1 ) foot above the
maximum depth of water in the drainage channel which would occur
during a one hundred (100) year frequency flood,
s'
Developer agrees that Lot 2 abutting the drainage channel will
not be subdivided into smaller parcels or tracts noIeao and until an
agreement in writing is made between the City of port 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 zicu upon such parcels or
tracts for the coot 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 *hunorI
in accordance herewith, or to perform any of their respective duties
and ahIigatioup hereunder. It is further agreed that any attempt by
developer to subdivide said zeal property without first complying
herewith and any purported cognizance made pursuant thereto shall he
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 Lot 2 abutting the drainage easement
outlined on the attached Exhibit "A" , and hereby incorporated herein
by reference for all purposes.
,.,..
EXECUTED THIS .• DAY OF A. D. , 19 ",
Euless Excavating, Incorporated
ATTEST:
By:_ 2a )01411 -i
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Accepted and approved this day of_ Q..q-"x' ,
CITY OF PORT WORTH, TEXAS
BY
y Manager
ATTEST:
City Secretary dppRonW By CITY COUNCIL
APPROVED AS TO FORM AND LEGALITY: City Secretary
Rate
City Attorney
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared
TOMMY C. WISE , 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 Euless Excavating,
Incorporated corporation, and that he executed the same as the act
of such corporation for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 3RD day
of AUGUST 1982.
Not ry Public in and for the
State of Texas
My Commission Expires:
31 JULY 1984
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared �j,
City Manager of THE CITY OF FORT WORTH, a Texas home
rule murk cipal corporation, known to me to be the person and officer
whose "fume 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,
UNDER MY HAND AND SEAL OF OFFICE this the
GIVEN Ur day of
Notary Publicin and for
Tarrant County, Texas
My Commission Expires:
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DRAINAGE & FLOODWAY. ESMT.
ACROSS LOT 2 BLK . 1
ROYCE SANDERS ADDITION
EXHIBIT- A
City pf' Fort, Worthl Texas
Ablyar. (11111 C(otui"a,ril Comtnttizicat ion
DATE RI PAGE
N�1�1011tl�,RN Cl E Dral.ol; noodway Easement
D Across Lot 2, Block 11, Royce Sanders
5/15184 **C-8372 Addition w1th Euless Excavatin Inc.
Euless Excavating Inc. of Tarrant County Texas has granted tio the City of For
Worth an drainage and floodway easement OUR an 18 foot strip containing 5673
sq. ft. (.n land loc,,nteid off Elul ess-Grapevine Mad in Lot :0 Block 1, Royce
Sanders Addition for the purpose of conveying surface storm water.
Recommendation:
TE-7fq-
. recomme Aed that the Mayor he authorized to execute and accept a drainage
and Flandway easement with the Euless Excavating Inc.
DAI :db
.......... .................
THE
OMMWT014 BY COUNCIL PROCESSED BY
MAP sy, 0 AWROVED
............ ....... ......... ..............
0 UnWR MEWRW
OWGMATNG
DEPARTMENT HEW Gary L. Santerre C"V SECNETARIIw
..........
Ff.7R ADEHtlONAL 9NF6"AVPP'f9"een Ext. 7907
CONMCh DATE