HomeMy WebLinkAboutContract 50235 _( '0 ,r
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N ��Q' e� 0i T' SECRETARY
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a w CITY-OWNED GRINDER PUMP
SEWER SYSTEM SERVICE AGREEMENT
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This Agreement regarding Grinder Pump Sewer Systems ("Service Agreement" or
"Agreement") is entered into by and between City of Fort Worth (the `City") and
David Ora Maxon ("Customer") for sanitary sewer services to the
property located at 7528 Love Circle ("Property") .
RECITALS
WHEREAS, the City owns, operates and maintains a centralized sanitary
sewer collection and treatment facility ("Collection Facility") ; and
WHEREAS, a grinder pump apparatus consists of certain components including
an electrically powered grinder pump ("Grinder Pump") and associated pressurized
piping (collectively, "Grinder Pump System") to transport sewage to the
Collection Facility; and
WHEREAS, the elevation and/or slope of the Property in relation to the
location of the City's Collection Facility requires the installation of a
Grinder Pump System in order to move Customer' s sewage to the City' s Collection
Facility; and
WHEREAS, City desires to reduce the number of private septic sewer systems
around Lake Worth in an effort to improve water quality of the lake.
WHEREAS, the City' s Collection Facility is regulated by the rules and
regulations of the Texas Commission on Environmental Quality ("TCEQ") ; and
WHEREAS, the rules and regulations of the TCEQ require that the City only
allow the use of a Grinder Pump System by a Customer under terms and conditions
set forth in a service agreement; and
WHEREAS, City desires to install and maintain a Grinder Pump System to
connect Customer to the City' s Collection Facility; and
WHEREAS, Customer will dedicate an easement for the Grinder Pump System
to City;
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the City and Cus,�=er agree as follows:
1. In order to provide sanitary sewer service to Customer:
a. City shall install/construct a Grinder Pump System on the Property
including the electrical service line required to connect to the
Customer' s power supply.
b. The customer shall be responsible for the installation of piping
including routing, re-routing or connecting the existing sewer
service from the home to the Grinder Pump System. Customer shall
remain responsible for all plumbing, pipes or related appurtenances
from the connection point with the Grinder Pump System back to
Customer' s residence.
OFFICIAL RECORD
1
Grinder Pump Agreement - 7528 Love Circle CITY SECRETARY
FT.WORTH,TX
c. Customer agrees to privately retain and pay the costs associated
with providing a dedicated electrical service/connection,
sufficient to power the Grinder Pump, from the main electrical
control panel for the residence to a location, generally affixed to
the residential structure, in the vicinity of the Grinder Pump.
Customer will pay, in Customer' s normal course of business, any
electric charges attributable to the Grinder Pump as may be incurred
through Customer' s electric service provider.
d. City shall have the right to inspect, maintain and, when needed,
repair, the Grinder Pump System.
e. Customer agrees that the City shall have the right to stop any
discharges from the Grinder Pump in order to prevent contamination
of state waters, if necessary.
2. Customer shall grant to City a permanent easement, including a right
of entry onto the Property, in the form attached hereto, for the
purpose of installing, constructing, inspecting, maintaining and
repairing the Grinder Pump System. City shall obtain a metes and bounds
survey of the permanent easement and provide same to Customer for
inclusion in the easement to be dedicated upon completion of the
installation of the Grinder Pump System.
3. In the event of the sale or transfer of ownership of the Property for
any reason, the Grinder Pump System shall remain the property of the
City and shall be considered a fixture of the Property and may not be
removed by Customer. Customer shall disclose to any future purchaser
of the residence the existence of the Grinder Pump System, this
Agreement and the easement.
4 . Customer agrees to provide emergency power to the Grinder Pump in
accordance with the manufacturer' s specifications.
5. Customer has the responsibility to understand and comply with the
proper use of the Grinder Pump according to the manufacturer's manual,
as provided by the City. Customer' s tampering with the Grinder Pump
System, except in the case of an emergency, or deliberate introduction
of prohibited materials shall constitute a breach of this Service
Agreement and authorize the City to discontinue water and/or sewer
service to the Premises in accordance with City policies. In the event
service is terminated, Customer shall be responsible for any and all
costs related to the termination of any such services and for the
restoration of service, all in accord with then existing Ordinances of
the City.
6. Customer shall not relocate the Grinder Pump System. If Customer
desires to have the Grinder Pump System relocated, Customer shall
contact the City' s Water Department to make arrangements. Customer
shall be responsible for all costs related to a customer-initiated
relocation.
2
Grinder Pump Agreement - 7528 Love Circle
7. Customer, its successors and assigns, hereby releases, acquits and
forever discharges City and its representatives from all claims,
demands or causes of action of any kind which Customer has now or may
have in the future related to the installation, construction,
operation, inspection, maintenance and repair of the Grinder Pump
System except as such damages may result from demonstrated improper
installation or maintenance of the Grinder Pump System.
8. Customer agrees to abandon private septic sewer systems currently or
previously serving the property according to the requirements set forth
by the City and the TCEQ.
9. Except as stated above, Customer, its successors and assigns, agrees
to indemnify and hold harmless the city, its officers, directors,
employees or representatives from any claims or damages associated
with or arising from design, installation, operation or maintenance of
the Grinder Pump System.
10. This Agreement runs with the land and shall be binding upon any
heirs, transferors, sub-lessees, purchasers, or assignees coming into
possession of the Property. Upon the sale or legal transfer of the
Property to a third party, this Agreement shall transfer to the buyer
and shall terminate as to Customer-seller, said buyer to assume all
duties remaining to be performed as Customer herein. Customer-seller
shall have no further obligation to City hereunder, other than to pay
for water and/or wastewater service provided prior to the date of sale.
11. Any amendments to this Agreement must be in writing and signed by
both the City and the Customer.
12. This Agreement shall be performable in Tarrant County, Texas, which
county shall be the exclusive place for venue for any disputes arising
under the Agreement.
REMAINDER OF THE PAGE INTENTIONALLY BLANK
3
Grinder Pump Agreement - 7528 Love Circle
ACCORDINGLY, City and Customer hereby enter into this Agreement as
indicated by each party' s signature affixed hereto, effective as of the
date subscribed by the City.
CITY OF FORT WORTH CUSTOMER
By: By: 0 tu,4j,
As istant City Manager r perty Owner
4orJesus J. Chapa David Ora Maxon
Date: 2 Date :
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APPROVED AS TO FORM AND )KGA704 , s
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
4
Grinder Pump Agreement - 7528 Love Circle
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, a Notary Public in for
the State of Texas, on this day personally appeared Jesus J. Cha known
to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that the same was the act of the City
of Fort Worth and that he executed the same as the act of said City of
Fort Worth for the purposes and consideration therein expressed and in
the capacity therein stated.
GIVEN UNDER MY AND HAND SEAL OF OFFICE THIS �p� day of F\-4j lL{
�A F J
E�Aii�
LINDA M.WIRRLINGER No a y Public, State of TexaMy Notary ID#124144746
<E+�� E*MFeWulary2,2022 My Commission expires:
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STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State
of Texas, on this day personally appeared David Ora Maxon known to
me to be the persons whose names are subscribed to the foregoing instrument,
and acknowledged to that they executed the same for the purposes and
consideration therein expressed.
GIVEN UNDERRMY/AND AND SEAL OF OFFICE this day of
k
Notary Pu lic State Texas
LESTER EUGENE ENGLAND
:2:.• 4
Notary Public,Stote of Texos
My Commission Expires My Commission Expires:
June 28, 2018
5
Grinder Pump Agreement - 7528 Love Circle
FORTWORTH
CPN 01829
Parcel # 1
7528 LOVE CIRCLE
LOT-14 BLOCK- 14 LAKE WORTH LEASES ADDITION
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
CITY OF FORT WORTH
PERMANENT SEWER FACILITY EASEMENT FOR
AND DEDICATION OF GRINDER PUMP SYSTEM
DATE: January 23, 2018
GRANTOR: DAVID ORA MAXON
GRANTOR'S MAILING ADDRESS (including County):
7528 LOVE CIRCLE
FORT WORTH, TARRANT COUNTY, TX 76135
GRANTEE: CITY OF FORT WORTH
GRANTEE'S MAILING ADDRESS (including County):
200 TEXAS ST.
FORT WORTH, TARRANT COUNTY, TX 76102
CONSIDERATION: Ten Dollars ($10.00) and other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged.
PROPERTY: BEING A 0.0052 ACRE TRACT OF LAND BEING A PORTION OF LOT 14, BLOCK 14,
LAKE WORTH LEASES, AND ADDITION TO THE CITY OF FORT WORTH, TARRANT
COUNTY,TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A".
PERMANENT SEWER FACILITY EASEMENT—GRINDER PUMP DEDICATION
Rev.QVIBAT Rev.10/11/17
FoR�xr
Grantor, for the consideration provided to Grantor, hereby grants, sells, and conveys to
Grantee, its successors and assigns, an exclusive, perpetual easement for the construction,
operation, maintenance, replacement, upgrade, and repair of a Permanent Grinder Pump
System, hereafter referred to as "Facility". The Facility includes all incidental underground and
aboveground attachments, equipment and appurtenances, including, but not limited to
manholes, manhole vents, lateral line connections, pipelines, junction boxes in, upon, under and
across a portion of the Property and more fully described in Exhibit "A" (to be completed after
installation of the Grinder Pump System) attached hereto and incorporated herein for all
pertinent purposes, together with the right and privilege at any and all times to enter Property, or
any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading,
and repairing said Facility.
In no event shall Grantor (1) use the Property in any manner which interferes in any material way
or is inconsistent with the rights granted hereunder, or (11) erect or permit to be erected within
the easement property a permanent structure or building, including, but not limited to,
monument sign, pole sign, billboard, brick or masonry fences or walls or other structures that
require a building permit. However, Grantor shall be permitted to install and maintain a
concrete, asphalt or gravel driveway, road or parking lot across the Easement Property.
Grantee shall be obligated to restore the surface of the Property at Grantee's sole cost and
expense, including the restoration of any sidewalks, driveways, or similar surface improvements
located upon or adjacent to the Easement Tract which may have been removed, relocated,
altered, damaged, or destroyed as a result of the Grantee's use of the easement granted
hereunder. Provided, however, that Grantee shall not be obligated to restore or replace
irrigation systems or other improvements installed in violation of the provisions and intended use
of this Easement.
TO HAVE AND TO HOLD the above-described easement, together with all and singular the
rights and appurtenances thereto in anyway belonging unto Grantee, and Grantee's successors
and assigns forever; and Grantor does hereby bind itself and its successors and assigns to
warrant and forever defend all and singular the easement unto Grantee, its successors and
assigns, against every person whomsoever lawfully claiming or to claim the same, or any part
thereof.
When the context requires, singular nouns and pronouns include the plural.
DEDICATION AND ACCEPTANCE OF GRINDER PUMP SYSTEM
Grantor hereby dedicates to the City of Fort Worth all rights, title and interest held by Grantor in
and to that certain Grinder Pump System installed by Grantor on the Property. The City of Fort
Worth hereby accepts, as part of its municipal sewer system, the dedication of the Grinder
Pump System.
PERMANENT SEWER FACILITY EASEMENT—GRINDER PUMP DEDICATION
Rev.91Aoma"7,Rev.10/11/17
Foa„ T�H
GRANTOR:
Q ,-6 ru-
By David Ora Maxon
GWTEE: City of Fo Worth
By: , did
tool f
�4v-Jesus J. Chapa, Assistant City Manager
APPROVED AS TO FORM AND LEGALITY
U&�ssistant City Attorney
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a„ ,Nel ry Public in and for the State of Texas,
on this day personally appeared Jesus J. Cha Assistant City Manager of the City of
Fort Worth, known to me to be the same person whose name is subscribed to the foregoing
instrument, and acknowledged to me that the same was the act of the City of Fort Worth and
that he/she executed the same as the act of the City of Fort Worth for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this n day of
w” 12018.
r
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-- Notary Public in and for the St e of Texas
a� LINDA M.HIRRD4144746
n. My Notary ID#12
'rr;o'r +rfires February
PERMANENT SEWER FACILITY EASEMENT—GRINDER PUMP DEDICATION
Rev.01A8A7,Rev.10/11/17
Fox_ T�
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
_David Ora Maxon known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
Given under my hand and seal of office this the("day of
2018. tj
LESTER EUGENE L
Noiary Public,5,ore of TexasM Ota FU SIC nand
My Commiss:or Expires ry
'49E�F• ':---' dune tis, 2018 ie State of TEXAS
PERMANENT SEWER FACILITY EASEMENT-GRINDER PUMP DEDICATION
Rev.01118/17,Rev.10/11/17
Fox Ha
EXHIBIT"A"
PERMANENT SEWER
FACILITY EASEMENT
PARCEL 1
BEING a 0.0052 acre tract of land situated in the Jacob Wilcox Survey, Abstract No. 1717, City of Fort
Worth, Tarrant County, Texas, said 0.0052 acre tract of land being a portion of LOT 14, BLOCK 14,
LAKE WORTH LEASES, being an Addition to the said City and State,according to the plat thereof filed
for record in Cabinet A, Slide 9384, Plat Records, Tarrant County, Texas (P.R.T.C.T.), said 0.0052 acre
tract being a portion of that same tract of land conveyed to DAVID ORA MAXON, by deed thereof filed
for record in Tarrant County Clerk's Instrument No.D214254205,Official Public Records,Tarrant County,
Texas (O.P.R.T.C.T.), said 0.0052 acre tract of land being a variable width Permanent Sewer Facility
Easement and being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod with cap stamped "ANA" found at the southeast lot corner of said
Lot 14, same being the southwest lot corner of Lot 15, of said Block 14, said 5/8 inch iron rod found being
on the north right-of-way line of Love Circle (being a 50 foot wide public right-of-way, as dedicated by
said plat of Lake Worth Leases);
THENCE North 04°39'52" West,along the east lot line of said Lot 14, same being the west lot line of said
Lot 15, 215.83 feet;
THENCE West, departing the said lot lines, over and across said Lot 14, 5.05 feet to the POINT OF
BEGINNING on the west easement line of an existing 5 foot wide Utility Easement, as shown on the said
plat of Lake Worth Leases, said beginning point having a NAD83 Texas North Central Zone (4202) grid
coordinate of N: 6,984,904.55 and E: 2,289,956.85;
THENCE departing the said easement line, continuing over and across said Lot 14, the following courses
and distances:
South 70°24'05" West, 9.92 feet;
South 19°35'56" East, 3.00 feet;
South 70°24'04" West, 2.30 feet;
South 09°03'52" West, 21.22 feet;
South 86°06'11" West, 2.15 feet;
North 03°53'49" West,4.35 feet;
South 86°50'27" West, 1.98 feet;
North 09°03'52" East, 15.15 feet;
North 19°35'56" West,4.33 feet;
North 66'19'03" West,4.51 feet;
North 23°40'57" East, 5.00 feet;
South 66°19'03" East, 4.47 feet;
North 70°24'04" East, 15.85 feet to the said west easement line;
MAXON — Parcel 1 (P.S.F. EASEMENT - Exhibit "A" Page 1 of 2)
Spooner and Associates,Inc. —309 Byers Street, Suite 100,Euless,Texas 76039—817-685-8448 —S&A Job No.12-023-5
THENCE South 04°39'52"East, along the said easement line, 5.17 feet to the POINT OF BEGINNING.
The hereinabove described tract of land contains a computed area of 0.0052 acres (224 square feet) of
land, more or less.
NOTE: The bearings and distances recited hereinabove are based on the Texas State Plane
Coordinate System, NAD83 Texas North Central Zone(4202). All distances and areas
shown are surface values.
I do hereby certify that the above legal description was prepared from public records and from an actual
and accurate survey upon the ground and that same is true and correct.
Surveyed on the ground in the month of September, 2017
K ERIC S. SPOONER )
Eric S.40r, Date ! 5922
A
Texas Registration No. 592201e ss °��A0 If
Spooner&Associates,Inc. �z o S U R"' i.4'
TBPLS Firm No. 10054900 V"0-10,
MAXON — Parcel l (P.S.F. EASEMENT - Exhibit "A" Page 2 of 2)
Spooner and Associates,Inc. --309 Byers Street, Suite 100,Euless,Texas 76039—817-685-8448—S&A Job No.]2-023-5
LINE TABLE MAP OF EXHIBIT "A"
LINE BEARING DISTANCE SEE ATTACHED METES&BOUNDS
L1 WEST 5.02' (ABLE WIDTSEMENT DESCRIPTION ON PAGES 1& 2 HEREIN
EX.VAR FLOOD EA 84 NOTE:THE BEARINGS SHOWN HEREON ARE
L2 S70°24'04"W 9.92' INUNp DINATE SYSTEM
ABI NET A'T C T, 93 FROMNAOD83 TEXAS NOCAL RTH HCENTRAL ZONE
L3 S1 9'35'56"E 3.00' P. (4202),DER I VED FR OM GPS R TK OB SER VA TI ONS
USING THE NORTH CENTRAL TEXAS VRS
L4 S70°24'04"W 2.30' NETWORK(MAINTAINED BY WESTERN DATA
SYSTEMS).ALL AREAS AND DISTANCES SHOWN
L5 S09°03'52"W 21.22' HEREON ARE SURFACE VALUES.
'SURVEYED ON THE GROUND IN THE MONTH
L6 S86°06'11"W 2.15' ' OF SEPTEMBER,2017-
L7 NO3°53'49"W 4.35' BLOCK 14
L8 S86°50'27"W 1.98' /JACOB WK CONSUR VE LAKE WORTH LEASES
�1BSrHACrNO. D7D7 CAB. A, SLIDE 9384 0 10' 20'
L9 N09°03'52"E 15.15' P.R.T.C.T.
L10 N19°35'56"W 4.33' 1
/ I
I z I GRAPHIC SCALE IN FEET
L11 N66'1 9'03"W 4.51' LOT 14 // � I 1"=20'
\\
L12 N23°40'57"E 5.00' / / o II I
L13 S66'1 9'03"E 4.47' / I I PO/NT OF
LIFT
L14 N70°24'04"E 15.85' /�PSg0k' STATION it I BEG/NN/NG
00
4 � iw
.0L15 SO4°39'52"E 5.17' \� L12 I N=6,984,904.55
��
G� / 1 E=2,289,956.85
RELEASE L (NAD83 GRID);r♦
G VALVE L>>too
� L1 I EX.5'UTILITY EASEMENT
LOT 13 I ? I / L10 , , I CAB.A, SLIDE 9384,
Z I P.R.T C.T.
I V
EXHIBIT "A"—PERMANENT -41 14 I w I
J / SEWER FACILITY EASEMENT /,' CONTROL I N I LOT 15
0.0052 ACRES(224 SQ. FT.)—� I
// L 8PANEL I
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/ I EX. 5'UTILITY EASEMENT L7 L6 i I
/ / I CAB.A, SLIDE 9384,P.R.TC.T. EX. 5'UTILITY I
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CAB.A, SLIDE 9384,P.R. C.T. I I
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o I I OWNER
DAVID ORA MAXON
j I TC.C.1.NO.D214254205 PO/NT OF
k ¢ I I O.P.R.T.C.T.
COMMENCING —
W 518"CIRF
I _ ANA" !
10'UTILITY EASEMENT
EX.
�geINET A, SLIDE g384, CIRCLE
p.R•T.C.T. EX.R.O.W LO IDE RIGHT-OF-WAY)
(50 W
PARCEL 1 OF
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LOVE CIRCLE & CASINO BEACH
SPOONER P S TS F+
WATER& SANITARY SEWER EXTENSION � �: �-`` * �o N
CITY OF FT. WORTH, TARRANT CO., TX. k§cfwwIATES
rno�s�oHn�uwsurmya+s ERIC S.SPOONER
LDATE,
:LOT 14,BLOCK 14,LAKE WORTH LEASES ' ' `1 SLA 1:11A 5922 �P 9-
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ACREAGE:0.836 ACRES(PLAT) es y0
12-023-5 P1 ESMT.dwg PAGE 3 OF 3 309 BYERS STREET,SUITE 100,EULESS,TEXAS 76039 O Rv E
DRAWN BY: J.A.B. (817)685-8448 WWW.SPOONERSURVEYORS.COM
1/2017 CHECKED BY: E.S.S. TBPLS FIRM NO.10054900