HomeMy WebLinkAboutContract 14653 /
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CITY SECR
CONTRACT
MAINTENANCE AGREEMENT
REGARDING
KING'S BRANCH CREEK CHANNEL DRAINAGE EASEMENT
TEXAS AMERICAN BANK, m^8^, TRUSTEE, and MIRANDA LEONARD
(hereinafter called 'OWNERS') hereby certified that they are the
owners of certain real property located in the City of Fort
Worth, County of Tarrant, State of Texas, said property being
legally described by metes and bounds on the filed notes marked
Exhibit "a" attached hereto and made a part hereof for all
pocDomee (hereinafter called "said land") ; °~.. ' �°/��
�Y�� ���
WHEREAS, Owners have granted to tb by iootcump�� ��
dated 1985, an Easement for surface drainage and public
utilities on and ancoaa said land;
waEmoAG, owueza intend to allow others to construct certain
permanent nbaooeI improvements ogoo said laud within said
easement;
WooauAg° said permanent channel improvements shall include
bottom excavation, obauoeI excavations and alignment, concrete
drops and the placement of natural rock rip-rap at selected
locations along the channel;
NOW, r8aREeOno, owners for and in consideration of the
mutual covenants and conditions contained herein, hereby agree to
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submit to the Director of the Department of Transportation and
Public works of the City of Fort mmztb for approval, all plans
for said permanent improvements which are proposed to be
constructed in said easement, and not to allow the commencement
of such construction without the approval of said oireotor of the
Department of rzaomDmrtotioo and nobIio Works.
owners further agree to assume all responsibility for
maintenance of the proposed improvements to be placed within said
easement and the bed and banks thereof. rortbez~ Owners, or in
the event of a sale or transfer of ownership of said land then
their grantees or assigns, by these presents, agree to maintain
said facilities in a manner consistent with and to the same level
of effectiveness that the city maintains like facilities.
Maintenance, as that term is used herein, shall mean to keep the
channel reasonably free and clear of debris and undergrowth which
shall include the removal of willow trees, brush, weeds and grass
which may grow in the bed and on the banks and the removal of
trash and foreign matter which may be deposited within the
channel from time to time by water flow and shall also include
the repair and replacement of the rock zip-rap as originally
constructed and the repair and filling of soil erosion to the
banks and bed of the channel in accordance with the current
standards now in force and effect in the city of Fort Worth at no
expense to the City of Fort nmctb/ but such term shall not
include the obligation to make additional capital improvements
such an requiring concrete lining of the creek bed or banks or
the construction of an enclosed drainage system or conduit.
Owners, or in the event of a sale or transfer of ownership
of said land then their grantees or assigns, further agree to
maintain the proposed improvements as specified above, and hereby
agree to, within sixty days after receipt of written notice from
the city, perform the necessary maintenance. If they fail, at
any time, to maintain the proposed improvements as specified
above, the City retains the right to perform the necessary
maintenance and they agree to reimburse to the City the full
reasonable coot of said maintenance.
Owners, or in the event of the sale or transfer of ownership
of said land then their grantees or assigns, agree to and do
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hereby indemnify, bnId harmless and defend the City of Fort Worth
its agents, servants and employees from and against all costs,
eoDeuaeot losses, damages, claims or causes of action whatsoever
arising, or which might arise, from the failure of the then
current *woeco of said land to maintain the bed and banks of the
drainage channel in accordance herewith, or to perform any of its
duties or obligations hereunder, excepting that this indemni-
fication shall not apply to the negligent acts of the City of
Fort Worth, its employees, officers or agents.
The above covenants and agreements shall run with the land
and shall be binding uDnu owners or in the event of the sale or
transfer of ownership of said land then oFmo each subsequent
Owner of said land, and shall continue in effect so long as any
improvements abaII remain within said easement or until expressly
released by proper authority of the City of Fort Worth, Texas.
The parties hereto recognize and acknowledge that this
Maintenance Agreement is preliminary in nature, and that it is
the intent of the Parties that at such time as the laud lying
north or west of and adjoining the land described on Exhibit "a°
is platted, then the City and owner of the land to be platted
shall enter into a new Maintenance Agreement, the terms and
conditions of which obaII be consistent with the City's Policy
for the Installation of Community Facilities that is in force and
effect at the time of such platting.
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EXECUTED this m�c_����
day of August, 1985.
TEXAS AMERICAN /
N.A.F,,T19USTEE
nDeoaT M. LAN eni/"r nice-
rceaideot amd Trust Officer
MIRAN
BY
ROBERT STAHALA, Attorney in fact
'J
STATE OF TEXAS
COUNTY OF TARRANT
ThAls instr9ment was acknowledged before me on the day
of r 11 'It' — , 1985, by Robert M. Lansford,
Senior Viie--President and Trust officer of Texas American
Bank/Fort Worth, N.A., Trustee, a Texas corporation, on behalf of
said corporation, and in the fiduciary capacity therein stated.
Nota Public in and for the
Z? Suzan k Fisk State of Texas
Commission Expires: 1/25/89
., comm my Commission expires:
STATE OF TEXAS
COUNTY OF TARRANT
T - I
,)is instrument was acknowledged before me on the 1-2 day
of 1985, by ROBERT STAHALA, Attorney
in fact W behalf of MIRANDA LEONARD.
Notai4 Public in and for the
State of Texas
Suzan P. Fisk
Commission Expires; 1/25' 89 My Commission expires:
-4-
I'OWFR 01' ATTORV1 Y"
STATE OF CALIFORNIA )
KN0W AI,i, MLN BY THESE PRESENTS:
COUNTY OF �
That 1 , MIRANDA EPONARD, of the City of Weston, Commonwealth
of Massachusetts , have made , constituted and appointed, and by
these presents do make , constitute and appoint JENKINS GARRETT
and ROBERT STAHALA, ur cKher of them separately, both of Fort
Worth, Tarrant County , Texas , my true ;ind lawful attorney for me
and in my name, place and stoad , to do and perform all and every
act and thing whatsoever requisite and necessary to be done in and
about the management of my business and personal affairs and the
property of all kind and character owned by ma, as fully, as to all
Without limiting in any way the general powers above,5?� -
intents and purposes , is 1 might or could do if personally p esent.
granted , I hereby grant to my said attorney in fact full power
and authority to collect and receive any and all rents , profits,
issues or income due mc ; to hay all sums of money that may be
lawfully owed by me; to accept , endorse , deposit or issue any
check, draft or trade acceptance for and on my behalf and in my
name; to do all things un my behalf in connection with the operation
or preservation of my business P fairs ; and to sell , convey, ex-
change or transfer any securit,.es , oil and leases , rrinca„ls,
or all other property (both real and personal) , owned by me; and
to execute any and all instruments necessary and proper in carrying
out the powers granted to my attorney in fact hereunder as fully
and effectually as I could do if personally present.
The rights , powers and authority of the said attorney in fact
to exercise any and all of the rights and powers herein granted
shall remain in full fork, and effect from the date hereof until
revoked , modified or tcr!ninated by me in writing.
IN WITNESS WHERKOF, I have hercuntu set my ha d this
C
day of hkj—W- '
R:1"dDA UNN1R
THE STATE OF CALIFORNIA
COUNTY OF )
BEFORE MG, the undersigned, a Noun ? }`vhlic in and for said
County and State , on this day pc/son^Ll! uPycxrcd MIRANDA LEONARD,
known to me to be the |`crsno whose name is su%cribod to the
foregoing instrument , and acknowledged to mo Lhac she executed
the same for the purposes and consideration therein expressed.
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GIVEN UNDER NY HAND AND SEAL OF Nl'7C[ this the ��--day
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FIELD NOTES FOR
A DRAINAGE EASEMENT
OUT OF THE JOHN COLLETT SURVEY, ABSTRACT NO. 262, THE
C. CONNELLY SURVEY, ABSTRACT NO. 319, AND THE
PETERSON PATE SURVEY, ABSTRACT NO. 1202, TARRANT COUNTY, TEXAS
DRAINAGE EASEMENT
BEING a strip of land for drainage easement purposes across land
originally conveyed to J. M. Leonard, by deed recorded in Volume 2952,
Page 578, and Volume 2952, Page 582, of the Deed Records of Tarrant
County, Texas, said strip also being across the John Collett Survey,
Abstract No. 262, the C. Connelly Survey, Abstract No. 319, and the
Peterson Pate Survey, Abstract No. 1202, Tarrant County, Texas and
being more particularly described as follows:
COMMENCING at the northwest corner of Tract VII, Ridgmar Mall Addition,
as shown by plat recorded in Volume 388-107, Page 74-77, Deed Records
of Tarrant County, Texas, said point being on the easterly right-of-way
line of Green Oaks Road, on a curve whose radius bears N 63' 56' W,
1,758.87 feet; thence northeasterly along said easterly right-of-way of
Green Oaks Road, along said curve through a central angle of 4° 44' for
a distance of 145.5 feet to a point on a curve whose radius bears
N 68" 41' W, 1,733.22 feet; thence northeasterly along said easterly
right-of- way of Green Oaks Road, along said curve through a central
angle of 24" 26' for a distance of 739.1 feet to a point on a curve
whose radius bears S 86' 53' W, 1,733.22 feet, said point being the
point of beginning;
THENCE northwesterly along said easterly right-of-way line of Green
Oaks Road, along said curve through a central angle of 56 28' , for a
distance of 165.3 feet;
THENCE N 85" 22' E, 50.1 feet ;
THENCE N 68" 26' E, 318.2 feet to a point on a curve whose radius bears
N 21" 34' W, 239.43 feet;
THENCE northeasterly along said curve through a central angle of
32' 21' for a distance of 135.2 feet;
THENCE N 36" 05' E, 189.1 feet to a point on a curve whose radius
bears N 53' 55' W, 461.00 feet;
THENCE northerly with said curve through a central angle of 13' 25' for
a distance of 107.9 ft. ;
THENCE N 22- 40' E, 14.9 feet;
THENCE N 16 57' E, 37.2 feet to a point on a curve whose radius bears
N 766 42' W, 242.22 feet;
THENCE northerly along said curve through a central angle of 31' 05'
for a distance of 131.4 feet;
THENCE N 176 47' W, 15.0 feet to a point on a curve whose radius bears
N 726 13' E, 776.00 feet;
THENCE northerly along said curve through a central angle of 20' 34'
for a distance of 278.5 feet to a point on a curve whose radius bears
S 87" 13' E, 616.00 feet;
THENCE northeasterly along said curve through a central angle of
70' 00' for a distance of 752.6 feet, to a point on a curve whose
radius bears S 17' 13' E, 546.00 feet;
THENCE northeasterly along said curve through a central angle of
22' 41' , for a distance of 216.1 feet;
THENCE S 84" 32' E, 15.0 feet to a point on a curve whose radius bears
N 5" 28' E, 229.0 feet;
THENCE northeasterly along said curve through a central angle of
23' 26' for a distance of 93.7 feet;
THENCE N 72- 01' E, 259.5 feet ,to a point on a curve whose radius bears
N 17- 59' W, 480.39 feet;
THENCE northeasterly along said curve through a central angle of
15' 02' , for a distance of 126.1 feet to a point on a curve whose
radius bears N 33' 01 ' W, 229.00 feet;
THENCE northeasterly along said curve through a central angle of
9' 41' , for a distance of 38.7 feet to a point on a curve whose radius
bears N 42' 42' W, 40.00 feet;
THENCE northeasterly along said curve through a central angle of
51' 04' for a distance of 35.6 feet to a point on a curve whose radius
bears S 86' 15' W, 535.00 feet;
THENCE southwesterly along said curve through a central angle of e 37'
for a distance of 80.4 feet;
THENCE N 12- 22' W, 119.7 feet;
THENCE N 296 51' W, 108.4 feet to a point on a curve whose radius bears
N 60- 09- E, 583.13 feet;
THENCE northwesterly along said curve through a central angle of
16" 35' for a distance of 168.8 feet;
THENCE N 13- 16' W, 85.4 feet to a point on a curve whose radius bears
N 76' 44' E, 308.97 feet;
THENCE northerly along said curve through a central angle of 11' 061
for a distance of 59.8 feet;
THENCE N 2° 11' W, 25.1 feet to a point on a curve whose radius bears
N 87' 49' E, 91.25 feet;
e p0
THENCE northeasterly along said curve through a central angle of
29* 59' for a distance of 47.8 feet to a point in the westerly boundary
line of the Shady Oaks Country Club;
THENCE with the following curses and distances with the Shady Oaks
Country Club; S 6' 28' E, 147.9 feet; S 30' 48' E, 223.0 feet;
S 58' 06' E, 116.3 feet; S 226 32' E, 83.2 feet; S 846 12' E, 107.8
feet to the northwest corner of proposed Lot 26, Block 42, Ridgmar;
THENCE with the northwesterly line of proposed Lots 26-31, Block 42,
Ridgmar with the following courses and distances: Due south 36.4 feet;
S 6* 59' W, 89.1 feet; S 20' 58' W, 89.1 feet; S 31* 19' W, 42.8 feet;
S 43* 36' W, 113.7 feet; S 54* 45' W,28.4 feet; S 60* 47' W, 81.8 feet;
S 68' 18' W, 80.1 feet; S 72' 01' W, 174.8 feet;S 10" 56' W, 5.7 feet;
THENCE S 72" 01' W, 82.0 feet to a point on a curve whose radius bears
N 17- 59' W, 371.00 feet;
THENCE southwesterly along said curve through a central angle of
23* 26' , for a distance of 151.8 feet;
THENCE N 84" 32' W, 15.0 feet;
THENCE S 5" 28' W, 4.0 feet to a paint on a curve whose radius bears
S 5* 28' W, 400.00 feet;
THENCE southwesterly along said curve through a central angle of
22" 41' for a distance of 158.3 feet to a point on a curve whose radius
bears S 17* 13' E, 470.00 feet;
THENCE southwesterly along said curve through a central angle of
70* 00' , for a distance of 574.2 feet to a point on a curve whose
radius bears S 87* 13' E, 630.00 feet;
THENCE southeasterly along said curve through a central angle of
20' 34' , for a distance of 226.1 feet-,
THENCE S 176 47' E, 15.0 feet to a point on a curve whose radius bears
S72* 13' W, 388.22;
THENCE southwesterly along said curve through a central angle of
536 52' , for a distance of 365.0 feet;
THENCE S 36' 05- W, 262.6 feet;
THENCE N 51" 21' W, 0.4 feet to a point on a curve whose radius bears
N 51" 21' W, 331.98 feet;
THENCE southwesterly along said curve through a central angle of
26° 56' , for a distance of 156.0 feet;
THENCE S 65' 34' W, 446.8 feet, to the point of beginning and
containing 10.81 acres of land.
James B. Davies & Company
April 30, 1985
Revised 5/28/1985
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**C-9257
�...DRAINAGE,. I T"' OF I
Mayor and Coi,invill Conimun atim't
DATE REFERENCE SUSJECT CHMNEL MAINTENANCE AGREEMENT AND PAGE
NUMBER ENT BETWEEN .
.,__.. ._...mM. .. .....a. ..
�.
WORTH AND MIRANDA LEONARD
RECOMMENDATION
It Is recommended that the Mayor be authorized ,to accept and execute a channel
maintenance agreement and a drainage easement between the City Of Fort Worth,
and Texas American Bank of For t Worth and Miranda Leonard.
BACKGROUND
Teas % an Bank, Trustee, and Miranda Leonard owers of a tract ' land
located in the John Collett Survey, . 252, the C. Connelly Survey
Abstract No. 315, and the Peterson pate Survey, Abstract No. III", propose to
grant a drainage easeuent of v'ari abl dth and a channel maintenance agreement
for the drainage easement Onore fully described in attached Exhibits A and B) to
the City of Fort Worth. The property owners will responsible for maintenance
of the drainage as en .
FINANCING
ar-ems no cost �e City for the drainage easenent or the channel
maintenance a r w nt.
A'I
Attachment
SkJBWTT N FOR THE NNq NANJW1N10 N BY N QUNCIL: PROCESSED WY..
�....nFFMF we..._ .. ..v... .. ��. n, .m ... ..
DASPART iN,NT HEAD, Gary Santprre 01Y SLCRE rA't
FOB A ITION L � F T N ON Dro l t ex t. 7908