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HomeMy WebLinkAboutResolution 2001-012 RESOLUTION NO, 2001- 012 that: BE IT RESOLVED by the City Council of the City of North Richland Hills, Texas, 1, The Mayor be, and is hereby authorized to execute the attached Water Course Maintenance Ageement with Home Town North Richland Hills Residential Association, Inc. on Common Area CAI-1. PASSED AND APPROVED this the 1 ih day of February, 2001. ,~.: ,.\.t)J{k?H'~¡/·;:";' .f<~ l; ¡,.. "" ........, ~j 1:;~'/, ~~...'.. ""\.~~, 71/ @". ~I ,', /1 Ii ' 'J' I GJ,¿> / / v I~ g I L- d, ~'--';7" ¿l,J7:1::~ Charles Scoma Mayor I ,: I,' :A TTEBT: ,- 0. \'Ì (»~l I ->, 1/"",,,,;/ "j~'c,,(>~. ';'~/ Patricia Hutson, City Secretary APPRO,VE, D,~ ,', .', 0 FO,RM/A,',~' D",L,E",A, ,LlTY:- ) (~ ¡\ /'¡f .. '-;/ . /¿ - '" ¿o//" / ./¿/// " ---," ~/'" ........ . "L.. ..,' lJ/ ;' Rex I\i1cfntire, Attorney for the City APPROVED AS TO CONTENT: f Î ' 'J WATER COURSE MAINTENANCE AGREEMENT KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS, by plat titled "North Richland Hills Town Center, Phase I" ("Plat") approved on 11 u3ut;,+ 2BI Z 0c>C> by the City Council of the City of North Richland Hills, Tarrant County, Texas, ("City"), Arcadia Land Partners 16 L TO, ("Developer") was pennitted to develop the property legally described on Exhibit "A" attached hereto in accordance with the Plat, and WHEREAS, as a condition to approval of the Plat, the City required construction of a drainage channel which shall be located on The Property legally described as Exhibit "A" and shown on Exhibit "B" attached hereto, and WHEREAS, the City is willing to pennit the Developer to construct an earthen water course (the "Water Course") in accordance with the plans approved by the City, as opposed to a concrete Water Course provided that the Home Town North Richland Hills Residential Association, INC. ("HOA") agrees to perpetually maintain such earthen Water Course, WHEREAS, the Developer and HOA also agree to hold the City of North Richland Hills hannless against any claim of damage from the upstream owners that may result from flooding due to inadequate design, construction or maintenance procedures of said Water Course, NO\\" THEREFORE, The Parties agree as follows: I. Developer shall construct, at its sole cost and expense, the earthen Water Course in accordance with plans and specifications approved by the City, 2, HOA shall maintain the Water Course in a prudent manner to minimize soil erosion and keep grass and vegetation mowed and maintained in such a manner that it does not violate the City's Weed Maintenance Ordinance No, 1392 and meets the attached Maintenance Schedule labeled Exhibit "C", 3, Should the HOA fail to remedy and inadequacy in its maintenance of the Water Course within twenty (20) days of receipt of written notice from the City, the City may, but shall not be obligated, to provide such maintenance that it shall reasonably deem necessary and all costs thereof shall be reimbursed to the City by HOA upon written demand therefore, If HOA fails to so reimburse the City within ten (10) days of such written demand, the City shall have a lien against the Property for such amount, provided, however, such lien shall not be valid against a bona fide purchaser for value unless a notice of such lien stating the amount shall be filed in the office of the Tarrant County land records, By acceptance of the AbTfeement, the City agrees to execute a certificate (addressed to the party requesting same) with ten (10) days of written request therefore, stating whether or not any amounts are due and owing from HOA pursuant to this Agreement. 4, The agreements made herein shall be binding upon the HOA, its successors and assigns and shall be a covenant running with the land, 5, This Agreement for maintenance shall tenninate only if the Water Course is constructed with concrete in accordance with plans approved by the City, By acceptance of this Agreement, the City agrees to execute a recordable tennination of this Agreement upon the City's acceptance ofa concrete Water Course in accordance with this Paragraph, Executed this the day of , 2001. Arcadia Land Partners 16, Ltd, (Developer) By: Arcadia Realty Corp" General Partner (Developer) Name: ~/~ ~- .~ S, John Hodge STATE OF TEXAS § COUNTY OF TARRANT § Á acknowledged before me on{r1t£¿Mr ~¿) on behalf of said com 'ny, , 2001 by 'I ,~:x~ 1¡fá.~YJ i ";:~f.·";·,·t,·,, ,/1,",\\ ~~»: KIM y, TORBERT MY COMMISSION EXPIRES March 20, 2004 ~.~.. Commission Expires: Notary's Printed Name: Executed this the day of __ , 2001. Home Town North Richland Hills Residential Association, INC. (HOA) By: Arcadia Realty Corp" General Partner for ALP 16L TO (Declairant) Name: STATE OF TEXAS § COUNTY OF TARRANT § ,ß· This in~ was acknowledged before me 0"5tb&Ü1A¿'h ::5ú ¿~)( > 7t~ (s::--;¡<. on behalf of said co ~y, (/ v ì / /_L (~~~'-?l~~/)~-- NotaI'))Pubhc, y~e of Texas / L./ . , 2001 bv ,- :2.':!...'::~~:,:,~~:c,_ i .,..;~~fll~?" ': ,~f~Y, KIM y, TORBERT ,!L~.,L MY COMMISSION EXPIRES ¡i'<;f,,\,r.·,)~:;> March 20, 2004 f;:;~...~,.__-:;;::~ Commission Expires: Notary's Printed Name: APPROVED BY: ~-\':¡'~ j\~'1 {j.~}'ì "'" / 0<"(>. """''''/v" /" '< ;t'-"r~ ...,~~/-:; ~'~~:' 'J U \:\p\ I-. : ".. - ::,: tr :-4: AT, TE~: fb Jf¿,.,,: û.... ~U....~ c2!!:t;;;¡·~~ f?:::¡fn't-t2 µU~Y1 , City Secretary APPROVED / T F~EG pe)(~cEn+.1 t-", ,Attorney for the City City ~[~ , N)~jor EXHIBIT "A" The lot shown as CA-I-l (Future Lots 11-14) on page 1 of the approved final plat. -'- -¡ OP~ENT I t S'ROW I TRUST, I~C. :. 2248 I I -L_ ...... ...... I L.._ _ ...... " " y II '1/1 " II, ìll / I / // / I / " " -'-/-- I I I I DRAINA E EASEMENT 1/2" IRF" W 567.43 JQi 5, DE.1Et.JllokJ PO~D EXHIBIT "B"