HomeMy WebLinkAboutContract 50237 tl
CITY-OWNED GRINDER PUMP
CIZYSE�,i, �A SEWER SYSTEM SERVICE AGREEMENT
19 ;+
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Agreement regarding Grinder Pump Sewer Systems ("Service Agreement" or
"Agreement") is entered into by and between City of Fort Worth (the "City") and
BRIAN P. KELLER AND KARRIE E. KELLER ("Customer") for sanitary
sewer services to the property located at 7504 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 Customer 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
OFFICIAL RECORD
1 CITY SECRETARY
Grinder Pump Agreement - 7504 Love Circle
FT.WORTH,TX
from the connection point with the Grinder Pump System back to
Customer' s residence.
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
2
Grinder Pump Agreement - 7504 Love Circle
shall be responsible for all costs related to a customer-initiated
relocation.
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 - 7504 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: ��
W,(As istant City Ma ager Property Owner
11`"' Jesus J. Chapa BRIAN P. KELLER
Date : Z ( Date : (�
y e. .. �.. y
ATTEST: ,- �` KARRIE E. KELLER
Property Owner
Date
C y tec rAg
®{ as"
APPROVED AS TO FORM AR6,,hff- ALITY
A sistant Ci Attorney
OFFICIAL RECORD
CITY SECRETARY
4 FT..WO
RE]
TX
Grinder Pump Agreement - 7504 Love Circle
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public i d 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 day of
2018.
Mix
LINDA M.HIRRLINGER
ID t ry Public, State of Texa
�ry #124144746
E)OM February 2,2022
My Commission expires:
a-
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 BRIAN P. KELLER 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 UNDER MY HAND AND SEAL OF OFFICE this C;�5;10 day of
2018.
l�C..
LESTER EUGENE ENGLAND Notary Public, ftate o xas
Ppv PV i
Notaiy Pubiic, Srate of Texas
,�•,6�:h My Commission Expires
June 28, 2018
My Commission Expires:
5
Grinder Pump Agreement - 7504 Love Circle
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 KARRIE E. KELLER 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 UNDER MY HAND AND SEAL OF OFFICE this �v day of
2018.
""" LESTER EUGENE ENGLAND
°•F5''• Notary Public State f 4xas
=t�(� ''•`^= Notory Public,Srate of Texas
M Commission Expires
'sem'•. �,r'^ y � p
June 28, 2018
My Commission Expires:
OG/38&
6
Grinder Pump Agreement - 7504 Love Circle
FORTWORTH
CPN 01829
Parcel # 3
7504 LOVE CIRCLE
LOT-19 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: BRIAN P. KELLER AND KARRIE E. KELLER
GRANTOR'S MAILING ADDRESS:
6340 LAKE WORTH BLVD #269
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 0.0020 ACRE TRACT OF LAND BEING A PORTION OF LOT 19, 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.01A8A7,Rev.10/11/17
Foa_�H.
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.01�'o„ 7,Rev.10/11/17
Foe H.
GRANTO
BRIAN P. KELLER
GRANTOR:
KARRIE E. KELLER
GRANTEE: City of Fort Worth
By
�( Jesus J. Chapa,Assistant City Manager
APPROVED AS TO FORM AND LEGALITY
4�� �VA�'
d � , ssistant City Attorney
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT § �
BEFORE ME, the undersigned authority, a. Nota ublic in and for the State of Texas,
on this day personally appeared Jesus J. Chap 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 (l;� day of
W2W 12018.
LINDA M.HIRRLINGER Notary Public in and for the SiAte of Texas
•„: My Notary ID#124144746
Expires February 2,2022
PERMANENT SEWER FACILITY EASEMENT—GRINDER PUMP DEDICATION
Rev.07,Rev.10/11/17
Fox_ T�HA
ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
_BRIAN P. KELL ER 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 �0 day of
2018.
o..•••.b., LESTER EUGENE ENGLAND Notary Public in d for
=8 = Notary Public, state of Texas
My Com The State of TEXAS
,FOF:E` mission Expires
June 28, 2018
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, on this day personally appeared
_KARRIE E. KELLER 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 o;?57 day of
2018.
?ER EUGENE ENG. s;,
i Public,State o!'' ,,
omrnissionExp;r .,, Notary Public iand for
.ne 28, 2018 The State of TEXAS
PERMANENT SEWER FACILITY EASEMENT—GRINDER PUMP DEDICATION
Rev.01A8/17,Rev.10/11/17
FORT x.
EXHIBIT"A"
PERMANENT SEWER FACILITY EASEMENT
PARCEL 3
BEING a 0.0020 acre tract of land situated in the Jacob Wilcox Survey, Abstract No. 1717, City of Fort
Worth, Tarrant County, Texas, said 0.0020 acre tract of land being a portion of LOT 19, 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 0.0020 acre
tract being a portion of that same tract of land conveyed to BRIAN P. & KARRIE E. KELLER, by deed
thereof filed for record in Tarrant County Clerk's Instrument No. D214148104, Official Public Records,
Tarrant County, Texas (O.P.R.T.C.T.), said 0.0020 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 19, same being the southwest lot corner of Lot 20, 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 08015'51" West, along the east lot line of said Lot 19, same being the west lot line of said
Lot 20, 257.05 feet;
THENCE West, departing the said lot lines, over and across said Lot 19, 5.05 feet to the POINT OF
BEGINNING being on the west easement line of an existing 5 foot wide Utility Easement adjoining the
east lot line of said Lot 19, 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: 6,985,018.17 and E: 2,290,427.81;
THENCE departing the said easement line, continuing over and across said Lot 19, the following courses
and distances:
South 81°44'09" West, 10.45 feet;
North 08°15'51" West, 8.00 feet;
North 81044'09" East, 8.72 feet;
North 08°1.5'51" West, 3.00 feet;
North 81°44'09" East, 1.73 feet to the said west easement line;
THENCE South 08'15'5 1"East,along the said easement line, 11.00 feet to the POINT OF BEGINNING.
The hereinabove described tract of land contains a computed area of 0.0020 acres(89 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 e ground in the month of September, 2017 0F
eo
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Eric S. S nerr
, RPLS Date ERIC S. SPOOKER >:Texas Registration No. 5922 l a 5922
oF �p
Spooner&Associates,Inc. ��,1,� esS%°�y0� '
TBPLS Firm No. 10054900 �,` S U RIJ
KELLER — Parcel 3 (P.S.F. EASEMENT - Exhibit "A" Page 1 of 1)
Spooner and Associates,Inc. —309 Byers Street, Suite 100,Euless,Texas 76039—817-685-8448—S&A Job No.12-023-5
MAP OF EXHIBIT "All A ll I I NOTE:THE BEAR/NGS SHOWN HEREON ARE
I I BASED ONA LOCAL COORDINATE SYSTEM
SEE ATTACHED METES&BOUNDS I I FROM NAD83 TEXAS NORTH CENTRAL ZONE
DESCRIPTION ON PAGE 1 HEREIN (4202),DERIVED FROM GPS RTK OBSERVATIONS
I I USING THE NORTH CENTRAL TEXAS VRS
NETWORK(MAINTAINED BY WESTERN DATA
LINE TABLE I I SYSTEMS).ALL AREAS AND DISTANCES SHOWN
I I HEREON ARE SURFACE VALUES.
LINE BEARING DISTANCE 1 'SURVEYEDONTHE GROUND INTHE MONTH
BLOCK 141 OF SEPTEMBER,2017'
L1 WEST 5.05' LAKE WORTH LEASES
CAB. A, SLIDE 9384 LOT 20
L2 S81°44'09"W 10.45' P.R.T C.T. I
L3 N08°15'51"W 8.00' I I
I I EX. 5'UTILITY ESMT.
L4 N81°44'09"E 8.72' I CAB.A, SLIDE 9384,
I P.R.T C.T.
L5 N08015'51"W 3.00' II I
CONTROL PANEL Lg I
L6 N81°44'09"E 1.73' �_ I 0 5' 10'
L7 S08°15'51"E 11.00' LIFTSTATlON L4 j I
I GRAPHIC SCALE IN FEET
I
lit= 10'
r' I
EXHIBIT 'A PERMANENT W L1
SEWER FAC/LITYEASEMENT
0.0020 ACRES(89 SQ. FT.) L2 11
I o o I
I -i c I
JACOB W&COoXZ�JG VEF POINT OF I m � I
aL3�57�G�aCr7�G�JOoo M7 N=6,985,018.17 I
N=6,985,018.17
E=2,290,427.81 I
(NAD83 GRID) I I
I I
LOT 19 EX. 5'UTILITYESMT. I ro I
OWNER CAB.A, SLIDE 9384,—I i I
BRIAN P. $ KARRIE E. KELLER P.R.T.C.T. I o
TC.C.I.NO.D214148104
O.P.R.T.C.T.
— — — — POINT OF
COMMENCING
EX. 10'UTILITY ESMT,
CAB.A' SLIDE 9384,
P R.T.C.T• Cjp L+
5/8"CIRF CLE
EX.R.
O W ANA"
L�WIpE RIGHT-OF"WAS
PARCEL 3o F pis
LOVE CIRCLE & CASINO BEACH TF
SPOONER �srE
WATER& SANITARY SEWER EXTENSION
CITY OF FT. WORTH, TARRANT CO., TX. ASSOCIATES
�� M ERIC S.SPOONER
PROPERTY:LOT 19,BLOCK 14,LAKE WORTH LEASES � � � p 5922P.
PROPERTY ACREAGE:0.771 ACRES(PLAT) 9
ES O
FILE NAME:12-023-5 P3 ESMT.dwg PAGE 2 OF 2 309 BYERS STREET,SUITE 100,EULESS,TEXAS 76039 O R�e
S&A JOB NO.: 12- -5 DRAWN BY: J.A.B. (817)685$448 WWW.SPOONERSURVEYORS.COM
DATE: 11/01/2017 CHECKED BY: E.S.S. TBPLS FIRM NO.10054900