HomeMy WebLinkAboutContract 14167 CITY SECRETARY
DEW
DRAINAGE CHANNEL MAINTENANCE AGREEMENT J 1�
CITY SEGRETARY
m
THE STATE OF TEXAS �
KNOW ALL MEN BY THESE PRESENTS THAT:
0
COUNTY OF TARRANT
WHEREAS, Lincolnshire, an Addition to the City of Fort Worth, Tarrant
County, Texas; and,
WHEREAS, Lindsay F. Eberts, President of Hatley Management Corporation
has 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 and metes and bounds
descriptions of adjacent area, Developer proposes to dedicate to the City of Fort
Worth a drainage easement which extends from Crowley Road at Lincolnshire
Street north and east to Willow Creek Addition, and is shown as the area outlined
on the attached diagram, which is marked Exhibit "A" and hereby incorporated
herein by reference for all purposes; and,
NOW THEREFORE,
,
Lindsay F. Eberts, President of Hatley Management Corporation of
Vancouver British Columbia, being the owner of the property described below
which is in 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 land and be binding upon Lindsay F. Eberts, President of Hatley Management
Corporation and all future owners of the following described real property situated
in Fort Worth, Tarrant County, Texas:
ral 818P PACT 753
LINCOLNSHIRE ADDITION, PHASE V
DRAINAGE EASEMENT
BEING a parcel of land out of the G. Herrera Survey, Abstract No. 2027, in the the
City of Fort Worth, Tarrant County, Texas, and being a portion of a tract of land
conveyed to Hatley Management Corporation as recorded in Volume 7009, Page 1261
of the Deed Records of Tarrant County, Texas, and being more particularly
described as follows:
COMMENCING at the northwest corner of said Hatley Management Corporation
tract also being the southwest corner of a tract of land conveyed to James R.
Harris, Jr., as recorded in Volume 7535, Page 1575 of the Deed Records of Tarrant
County, Texas, and being in the east right-of-way line of F.M. Road 731 (Crowley
Road);
THENCE North 870 521 03" East with the north line of said Hatley Management
Corporation tract, 646.41 feet to the POINT OF BEGINNING;
THENCE South 550 221 45" West 218.50 feet to a point;
THENCE South 430 181 34" West 185.16 feet to a point;
THENCE South 420 301 57" West 145.16 feet to a point;
THENCE South 270 581 50" West 76.69 feet to a point;
THENCE South 009 15- 2411 West 631.91 feet to a point;
THENCE South 060 221 35" East 141.73 feet to a point in the future north right-of-
way line of Lincolnshire Street, said point being a point on a curve to the right
having a radius of 499.42 feet whose center bears north 06 051 4511 West;
THENCE along said curve through a central angle of 060 061 0111 an arc distance of
53.17 feet to a point of tangency;
THENCE North 890 591 4411 West 165.00 feet to a point in the west line Of Said
Hatley Management:Corporation tract, said point also being in the east line of said
Crowley Road;
THENCE North 000 001 16" East with the west line of said Hatley Management
Corporation tract 140.00 feet to a point;
THENCE North 390 391 01" East 129.68 feet to G point;
THENCE North 009 150 24" East 565.88 feet to a point;
THENCE North 270 581 5011 East 121.60 feet to a point;
THEI�ICE North 420 301 57" East 161.29 feet to a point;
THENCE North 430 181 3400 East 188.65 feet to a point;
p
THENCE North 870 521 0311 East 2.29 feet to the beginning of a curve to the right;
'COL 8188 PAGE 754
Drainage Easement - Lincolnshire, Phase V
THENCE along said curve having G radius Of'564.50 feet whose chord bears south 860
311 3511 East through a central angle of I'l 0 121 4511 an arc distance of 110.47 feet to a
point;
THENCE North 090 041 4811 East 41.57 feet to a point in the north line Of Said Hatley
Management Corporation tract;
THENCE North 870 521 0311 East a distance of 146.48 feet to the POINT OF
BEGINNING and containing 4.070 acres more or less.
'VOL 8188 PACE 755
, ~ ^
Developer covenants and agrees to maintain at all times the bed and banks of
the drainage channel in the drainage easement outlined on the otfoched� Exhibiƒ "Ao
in accordance with the current standards then in force and effect in the City of
Fort Worth at no expense fo the City of Fort Worth. In the event Developer {oi|x
or refuses to correct any deficiencies mr to make any improvements in the bed and
banks of the dcoinmgc channel which are necessary in the opinion of the City of
Fort Worth to brin g 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 some to be done on
behalf of and at the expense of the Developer and to impress a lien for the cost n{
such work upon the real property in the tract of land described above and adjacent
to Lincolnshire, an Addition to the City of Fort Worth, Tarrant County, Texas,
n600end 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, on affidavit identifying the property to be charged with such lien, stating
the amount thereof, and making reference to this agreement.
�� 81-88PAC[ 756
. . ^ .
' ^
2~
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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 oriac, 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.
'4*/ ~~
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- Developer covenants and agrees that no habitable building shall be erected
. .
vvith'.the drainage easement outlined on Exhibit »A ', but this paragraph shall not
precuNe construction of other improvements within the drainage easement which
do not impede drainage.
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 (it on elevation less than one (1) foot above the rnmxirnwrn depth of water in
'
the drainage channel which would occur during o 100 (One Hundred) year frequency
f|oud,
Developer agrees that the above described real property abutting the
drainage channel will not be subdivided into smno|\cr 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 alien upon such parcels or |ruutu for the cost of such improvements and
indemnifying the Cityof Fort Worth,its agents,servants and employees from andagainst
PAGE 757
e,7
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all coot, expenses, losses, dmrnog*n, c|oinno or causes ofaction whatsoever arising,
or which might arise, from the failure of such future owners to maintain the bed
and banks ofthe 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 purauont thereto shall be void.
The above covenants and agreements oho|| constitute o 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 on
the attached Exhibit "A'', and hereby incorporated herein by reference for all
purposes.
EXECUTED THIS DAY OF IVU&tI4� , A. [)., 19 .
HATLEY kAANG &4ENTCORPORATION
BY:
Lindsay F. Eberfs` Prnsident
ATTEST:
BY
C0rithiaW lhMM, 114¢taryPublic
W�0 Q8 Texas
STATE OF WASHINGTON
COUNTY OF KING
^^^
l�i` f>�O� day of October, 1984 , before rue the undersigned, a
` ^~ �o �rzd for the State of l�as}��z���oo ����Iy �on��iaoioned and
~ - l� � � �b
' ° " ' � Ily appeared Lindsay F . Eberts to me z��w� o e e
�'~~'^� a� ���eco�ed �}ze �V���o�zz� �zza����ez�� , and acknowledged the
'~~ ~Y^`~~`�d-
- r � �o �e �b� free and voluntary act and deed
of f said
for the uses and �o��V��e therein mentioned, and on
oath
- ` r�4" '
s tat e he is authorized to execute the said instrument .
8188 rvE 7*58
State of
0 ry���' �aab��pP�o� located in Seattle.
Accepted and approved this
1984. day of
CITY OF FORT WORTH, TEXAS
as Title:
r
CA, Secretary
D AS TO FORM AND LEGALITY:
ty Attorney
BEFORE ME, the un ersigned, a Notary Public in and for said
County and State, on this day personally appeared
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
and that he executed the
same as the act of said company for the purposes and con-
sideration therein expressed, and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day
Jof 1984.
Notary Public in and for
Tarrant County, Texas
My Commission Expires:
BEFORE ME, the undersigned, a Notary Public in an fob laid
County and State, on this day personally appeared a, +1-
h-\,U, S\ , of THE CITY OF FORT WORTH, a Texas
home rule munici corporation, 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. (y � `
GIVE UNDER HAND AND SEAL OF OFFICE this the o��`"` day
of C 4 rr. 1984.
Notary Public in and for
Tarrant County, Texas
a ..
Y
' t+S� yQCt�mmission Expires: y UX
' � � � � 59
LINC4LNSHIRI:. AQQlTj0N PHAS
EXHIB/r "A "
CROWLEY RD. (F.M.731)
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OWNER/DEVELOPER � ENOINEERjPLANNER�9URVEYpR
LINDSAY F EBERT$ PRESIDENT 4 FARRINaTON 1! ASSOC., INC.
HATLEY MANDER ST CORP. 1 9tpp 4410 W.VICKERY BLVD.
VAN W. PEN DER S7 FL WORTH,TEXAS 78107
VANCOUVER,BRITISH COLUMBIA VISE 2811 '
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE SUBJECT: Drainage Channel Maintenance PAGE
NUMBER Agreement Between the City of Fort
3/19/85 **L-8400 I
Worth and Hatle'-y Development Corp.
On December 12, 1984 (M&C C8755) , the City Council authorized the Mayor to
execute a Drainage Channel Maintenance Agreement between the City of Worth and
Hatley Management Corporation of Vancouver, British Columbia, the developer of
Lincolnshire Addition, Phase V. The subject agreement commits the developer to
perpetual maintenance of the drainage channel to City standards and also holds
the City harmless from any claims that may result from improper channel
,maintenance.
Recommendation
It is recommended that the Council approve the subject maintenance agreement .
DI:.olm&c
IlrMITTED FOR 'THE DISPOSITION BY COUNCIL: PROCESSED 13Y
I
gl Y MANAGER*S
C3 APPROVED
0 OEPARTMENT HEAD: [3 OTHER (DIESCRISE)
RIGINATWO Michael L. Pyles CITY SECRETARY
FOR AODI TIONAL INFORMATION Michael L. Pyles 8362
CONTACT. DATE
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