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.
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Charles Scoma Mayor
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Patricia Hutson, City Secretary
APPRO,VE, D,~ ,', .', 0 FO,RM/A,',~' D",L,E",A, ,LlTY:-
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Rex I\i1cfntire, Attorney for the City
APPROVED AS TO CONTENT:
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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:
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S, John Hodge
STATE OF TEXAS §
COUNTY OF TARRANT §
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acknowledged before me on{r1t£¿Mr ~¿)
on behalf of said com 'ny,
, 2001 by
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KIM y, TORBERT
MY COMMISSION EXPIRES
March 20, 2004
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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
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NotaI'))Pubhc, y~e of Texas
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, 2001 bv
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': ,~f~Y, KIM y, TORBERT
,!L~.,L MY COMMISSION EXPIRES
¡i'<;f,,\,r.·,)~:;> March 20, 2004
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Commission Expires:
Notary's Printed Name:
APPROVED BY:
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f?:::¡fn't-t2 µU~Y1 , City Secretary
APPROVED / T F~EG
pe)(~cEn+.1 t-", ,Attorney for the City
City
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EXHIBIT "A"
The lot shown as CA-I-l (Future Lots 11-14) on page 1 of the approved final plat.
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OP~ENT I t S'ROW
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:. 2248
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DRAINA E EASEMENT
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567.43
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DE.1Et.JllokJ PO~D
EXHIBIT "B"