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Home My WebLink AboutContract 32256 • CITY SECRETARY CONTRACT NO. DETENTION POND MAINTENANCE AGREEMENT THE STATE OF TEXAS § COUNTY OF TARR.ANT § KNOW ALL MEN BY THESE PRESENTS THAT: WHEREAS, Poynter Crossing, Phase III is an Addition to the City of Fort Worth, Tarrant County, Texas; WHEREAS, Centex Homes, a Nevada general partnership (hereinafter called "Developer")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, Developer proposes to dedicate to the City of Fort Worth a detention pond which extends across the southern portion of Property(as hereinafter defined), 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 WHEREAS, Developer is the developer of the Property. Developer has conveyed the real property described as Lot 5, Block 6, Poynter Crossing Addition Phase 3 (hereinafter called the "Common Area") to the Poynter Crossing Homeowners Association, a Texas non-profit corporation (hereinafter called the"Association")and the Association has agreed to accept the Common Area. NOW THEREFORE,Developer and Association, for one dollar and 00/100 ($1.00)paid in hand both to Developer and the Association by the City of Fort Worth,and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby covenants as follows with the public and City of Fort Worth,such covenants to constitute a servitude upon and to run with the land and be binding upon the Property, and all future owners of real property situated in Fort Worth, Tarrant County,Texas described as follows(herein called the "Property"): Lots 24-29, Block 2; Lots 8-15, Block 3; Lots 1-16, Block 4; Lots 1-15, Block 5; Lots 1-9, Block 6; Lots 1, 2, 34-38, 59, and 60, Block 7; Lots 1-13, 43 and 44, Block 8; Lots 1, 2, and 23-44, Block 9; Lots 1-18 and 30-37, Block 10; Lots 1-20, Block 11; Lots 1-13, Block 12; Lots 1-13 and 18-30, Block 13; and Lots 18-30, Block 14, Poynter Crossing Addition Phase III, an addition to the City of Fort Worth, Tarrant County, Texas, according to the map or plat thereof, recorded in Cabinet A, Slide 9583 of the Real Property Records of Tarrant County,Texas. 1. The Association covenants and agrees to maintain at all times the detention pond as shown on the attached Exhibit"A" in accordance with the current standards then in force and effect in the City of Fort Worth at no expense to the City of Fort Worth. In the event the Association fails or refuses to correct any deficiencies or to make any improvements to the detention pond that are necessary in the opinion of the City of Fort Worth to bring such detention pond into compliance with the current standards for such detention ponds 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 detention pond and to correct such deficiencies or make such improvements or cause same to be done on behalf of and at the expense of the Association and to impress a lien for the cost of such work upon lots within the Property. 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. Nothing contained herein shall ever be construed so as to re uire the City of Fort Worth to maintain the detention pond. 2. The Association 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 the Association to maintain the detention pond in accordance herewith, or as a result of any damages caused to person or property due to (1) slope failure of the detention pond, and (2) any failure of the detention pond to operate in a manner consistent with City of Fort Worth criteria to perform any of its duties or obligations hereunder. 3. No habitable building shall be erected within the easement outlined on Exhibit"A",but this paragraph shall not preclude construction of other improvements within the easement which do not impede drainage. 4. 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 detention pond which would occur during a I00-year frequency flood. The above covenants and agreements shall constitute a servitude upon and shall run with the land and be binding upon the Developer, the Association and all subsequent owners of the above described real property abutting the easement outlined on the attached Exhibit"A", and hereby incorporated herein by reference for all purpoes. EXECUTED THIS o't.J DAY OF , A.D., 2005. Centex Homes, a Nevada general partnership By: Centex Real daa rp ration Its: Managing -n r By: e Burdette Its: ice President of Operations kin,LHomes-Dallas/Fort Worth Metro Sion Poynter Cross';LHomeo s Association a Texas non-pp i By: Name: Greg Lusk Its: President �. . All —A Attest: City of Fort Worth By: MaAHerixMarc A.(Ott City Secretary Assistant City Manger Approved as to Form and Legality: Approval Recommended: Assistant City Attorney Robert Goo e, P. E., Director Transportation and Public Works NO M&C REQUIRED I �r�*jst� t;tv �?Ifr CITY 7 Js �1CY � ISCF EXHIBIT "A" 1 4.6 Mf I wnlvx T60.0-0 67 130, 2(41YOO !0, U.L. Nq z 8 U t pn f-4 9 z f-L 27 R We 2 4 6 c 7 'fA 89-43-31- WQD N 0 (L ;z 10 �a 1:' V.L. 110.00 z GO-00 94. 68.24 U.L 7 60.00 90.010 i 60-00 00.00 97 67, cl 28 La 'q v # H 89'52'16' E 51 , E 15 14 13 12 11b 10 29 Lm Z 3 lo-oa w spai 66.60 I - i L L 67.g6 U5 '0.`X.. P.LI.S.F.. S W43'31' C 709.76 MAYMIRRY LAN E 550.76 2 F.L. 1a.27-5H 4a Q 4 ci ul S. 1p 10 US. cp, 14 T_ I I("o Z izn Li 2 3.07 w N 3752'16' Q,ri 7 :,7 -i 4 1 165 a r C3. 123,57 N 4rA!L'3j- W z M a cl 15 2iw An 69.39 6fl,DD 80,00 I moo fom rso-ou m CA C3 0. m aT43,5 1 w 'a nN 8743,31" 325.2 N ST43131, W 25' 25' 15 12 13 12 a I C., UX. 110-00 110.00 ;::.q 9 I a 17 47 J.C. r SO, I . r_ 0 '0' S.L F.- IR F; 4 4.44 39.09 z 7 -cl & UX.. U.L. ".00 90.0 11(Lao 110,00' I ri 5,E. 7.75.o0 127,14 9 a 4 44.31 78 .2aGERNAM POINT R WAY QD. 1 50.00 .5.0.00 45.00__. 4510.0 50.04 30-00 50.00 4= 0 6 7 a 9 1 2 3 4 TO DETENTION POND G 32-xf: MAdN2 E rAINED .E.' BY H_O•A_ 1 60.00 _Mco 6zloo 56100 3110 Q,00 FN RRSPK 301 R-O.W. DENCATiOm- 708.65 APPRoximArE SURVEY uNE TARRANT COUNTY HIGHWAY DEPARTMENT RIGHT-OF-WAY EASEMENT VOLUME 5011, PAGE 160 211 D.R.T,C.T. JACK ROGEIZT EDMONOSA BETTY KIT WRIGHT' "IJAMAr JF casr�ENT VOLUME 14231, PACE 2 O.R.T.C.T. 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