HomeMy WebLinkAboutContract 60463CSC No. 60463
SEWER LINE ABANDONMENT AGREEMENT
This Sewer Line Abandonment Agreement ("Agreement") is made and entered into by
and between the City of Fort Worth, a Texas home rule municipal corporation ("City") and
Rivertree RE Holdings I, LLC, a Texas limited liability company ("Developer").
RECITALS
WHEREAS, Developer is the owner of certain real property situated in the City of Fort
Worth, Tarrant County, Texas, comprised of Lots 1 through 40, Block 65 of the Chamberlin
Arlington Heights Second Filing, Fort Worth, Texas ("Property") more particularly described in
the attached Legal Description of the Property, attached to this Agreement as Exhibit "A";
WHEREAS, the City owns and maintains two public sanitary sewer lines: a 6-inch public
sewer line connecting to a main at Faron Street and an 8-inch public sewer line connecting to a
main in Bourine Street, each including appurtenances (collectively the "Sewer Lines") located
within an existing public alley between Bonnell Ave and Kilpatrick Ave within the Property
("Alley") as shown on the diagram attached to this Agreement as Exhibit `B" and incorporated
herein for all purposes;
WHEREAS, to facilitate Developer's use of the Property, Developer has requested that
City abandon the Sewer Lines so that Developer can relocate it to better serve the property;
WHEREAS, the City has reviewed the Developer's request and has determined that the
Sewer Lines serve no customers beyond the boundaries of the Property;
WHEREAS, the City, by Ordinance No. 26267-06-2023, has vacated and extinguished
the City's surface rights to the Alley, effective immediately, as well as any utility easements
effective at such time as all utilities within that easement have been relocated;
WHEREAS, to avoid the appearance of, or an actual, gift of public funds through this
abandonment of a city facility constructed with City funds, Developer agrees to pay City the
collective depreciated value of the Sewer Lines in the amount of $36,686.94 ("Depreciated
Value") as shown in the calculation table attached to this Agreement as Exhibit "C" and
incorporated herein for all purposes;
WHEREAS, upon payment of the Depreciated Value and full execution of this
Agreement, the Sewer Lines shall be considered abandoned and Developer shall have exclusive
control over the Sewer Lines. Developer shall use all reasonable care to prevent infiltration into
the City's active sewer system;
WHEREAS, it shall be Developer's responsibility to acquire any other easement
abandonment consent letters required from any franchise utility company which may have
retained a utility easement by separate instrument.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Sewer Line Abandonment Agreement Page 1 of 9
NOW, THEREFORE, in consideration of the covenants and agreements hereinabove
described and hereinafter professed, City and Developer agree as follows:
AGREEMENT
1. Developer agrees to pay to City, concurrent with its execution and delivery of this
Agreement to City, the Depreciated Value.
2. Upon receipt of payment of the Depreciated Value, City hereby abandons the
portions of Sewer Lines designated on Exhibit `B" but only to the extent shown thereon.
3. Developer shall not perform any work on the Sewer Lines until payment of the
Depreciated Value has been made and acknowledged by City.
4. Developer agrees that City is not required to fill the Sewer Lines with grout as
Developer intends to completely remove the Sewer Lines as part of its development activities.
5. Developer shall not make use of or expand the Sewer Lines or otherwise cause
any infringement on the City's remaining public sewer infrastructure.
6. DEVELOPER COVENANTS AND AGREES TO INDEMNIFY, AND
DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND ELECTED OFFICIALS FROM
AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR
LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF WHATSOEVER KIND OR CHARACTER, ARISING OUT OF OR IN
CONNECTION WITH, THE ABANDONMENT, CONSTRUCTION, MAINTENANCE,
OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE SEWER LINES,
WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF
OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS, OF DEVELOPER, OR OF THE CITY; AND DEVELOPER
HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY FOR SUCH CLAIMS
OR SUITS. DEVELOPER SHALL LIKEWISE ASSUME ALL LIABILITY AND
RESPONSIBILITY AND SHALL INDEMNIFY CITY FOR ANY AND ALL INJURY OR
DAMAGE TO CITY PROPERTY ARISING OUT OF OR IN CONNECTION WITH
THE SEWER LINES ABANDONMENT. NOTHING IN THIS PROVISION
CONSTITUTES ANY WAIVER OF ANY RIGHT OF DEVELOPER PROVIDED FOR
UNDER THIS AGREEMENT.
7. Developer agrees to comply fully with all applicable federal, state and local laws,
statutes, ordinances, codes or regulations in connection with the construction or removal of the
Sewer Line.
8. Developer agrees and acknowledges that this Agreement is solely for the purpose
of the City abandoning the Sewer Lines and Developer hereafter having ownership and full
Sewer Line Abandonment Agreement Page 2 of 9
ATTEST:
Jannette S. Goodall
City Secretary
a� Fi
a°moo 9-+do
dvo e=o
ddd* o0 o i�p
Odn� nE4p54a
Approved as to Form and Legality
P i
By: DBlack (Nov 9, 2023 17:46 CST)
Name: Douglas W. Black
Title: Sr. Assistant City Attorney
Contract Compliance Manager
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
By: llh sterman(� (Nov 9�202316:50 CST)
Name: Graduate Engineer
Title: Nov 9, 2023
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Sewer Line Abandonment Agreement Page 4 of 9
ATTEST:
Jannette S. Goodall
City Secretary
Approved as to Form and Legality
P i
By: DBIack (Nov 9, 2023 17:46 CST)
Name: Douglas W. Black
Title: Sr. Assistant City Attorney
Contract Compliance Manager
By signing I acknowledge that I am the person responsible for the monitoring and administration
of this contract, including ensuring all performance and reporting requirements.
By: Juh sterman (� N} oov% 2023 16:50 CST)
Name: Graduate Engineer
Title: Nov 9, 2023
Sewer Line Abandonment Agreement Page 4 of 9
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 Dana Burghdoff, 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 she executed the same for the purposes and consideration therein
expressed and, in the capacity, therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 ith day of
November 2023. Digitally signed by Jennifer
Jennifer Ezernack EZernack
1�9
JENNIFER L. EZERNACK Date: 2023.11.10 15:32:18-06'00'
Notary Public
STATE OF TEXAS
Nry J.D. 130561630 Nota Public in and for the State of TEXAS
My Comm.00Exp. Mar. 1, 2024
. . . . . . . . . . . . .
After Recording Return to:
City of Fort Worth — Development Services Water Section
ATTN: Julie Westerman
200 Texas Street
Fort Worth TX, 76102
Sewer Line Abandonment Agreement Page 5 of 9
STATE OF`�,,j
COUNTY OF
BEFORE ME, the undersigned authority, a N tary Public in and for the State of Texas,
on this day personally appeared (title), known to me to be the
person whose name is subscribed the fore- n- instrument, and acknowledged to me that
he/she executed the same for the purposes and consideration therein expressed, as the act and
deed of Rivertree RE Holdings I, LLC, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
2023.
F
WUEL BEDOLLA JR.otary Public, State ofTexasy Comm Up. 10-19-2025
ID No.13340123-7
NotarVublic in and for the
State of
I 0 day of
Sewer Line Abandonment Agreement Pagge 6 of 9
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
BEING a tract of land situated in the Hays Covington Survey, Abstract No. 256, City of Fort
Worth, Tarrant County, Texas, being all of Block 65, Chamberlin Arlington Heights Second
Filing, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat
recorded in Volume 63, Page 40, Plat Records, Tarrant County, Texas, and being more
particularly described by metes and bounds as follows:
BEGINNING at a 5/8" iron rod found (Grid N: 6,947,883.64, E: 2,305,390.08) for the northeast
corner of said Block 65, at the intersection of the south right-of-way line of Bonnell Avenue
(formerly known as 22nd Street), an 80.00 foot wide right-of-way, and the west right-of-way line
of Bourine Street (formerly known as 14d' Street), a 60.00 foot wide right-of-way;
THENCE South 00'01'24" West, with the east line of said Block 65 and the west right-of-way
line of said Bourine Street, a distance of 266.34 feet to a point for the southeast corner of said
Block 65, at the intersection of the west right-of-way line of said Bourine Street and the north
right-of-way line of Kilpatrick Avenue (formerly known as 23T1 Avenue), an 80.00 foot wide
right-of-way, from which a 5/8" iron rod found (disturbed) bears North 21 °40'S8" West, a
distance of 0.50 feet;
THENCE North 89°57'27" West, with the south line of said Block 65 and the north right-of-way
line of said Kilpatrick Avenue, a distance of 497.96 feet to a point for the southwest corner of
said Block 65, at the intersection of the north right-of-way line of said Kilpatrick Avenue and the
east right-of-way line of Faron Street (formerly known as 151 Street), a 60.00 foot wide right-of-
way, from which a 5/8" iron rod found (disturbed) bears South 05°06'47" East, a distance of 0.37
feet;
THENCE North 00'01'10" East, with the west line of said Block 65 and the east right-of-way
line of said Faron Street, a distance of 266.00 feet to a 5/8" capped iron rod stamped "MMA" set
for the northwest corner of said Block 65, at the intersection of the east right-of-way line of said
Faron Street and the south right-of-way line of said Bonnell Avenue;
THENCE South 89°59'48" East, with the north line of said Block 65 and the south right-of-way
line of said Bonnell Avenue, a distance of 497.97 feet to the POINT OF BEGINNING and
containing 132,544 Square Feet or 3.043 Acres of Land, more or less.
Sewer Line Abandonment Agreement Page 7 of 9
C4
CD
CD
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Cr
a
0
CD
ao
BONNELL AVE
i
Sewer L-2585
Cf)
Z
I
Being abandoned from existing
manhole in Faron St to its
terminus approximately 95
linear feet to the east.
a
55-8"
4
P.V.C. SS-6-ICON
Legend
Sewer Manholes
>- Gravity Sewer Main
0 Project Limits
.9
KILPATRICK AVE
SS-8" P.V.C.Cn ui
0
Rivertree Academy Development
Existing Public Sewer Lines
I'
v°
to
W
Z_
O
m
FORT WORTH "
WATER
0 12.5 25 50 75 100
Feet
EXHIBIT "C"
Depreciated Value of Sewer Lines
West sewer draining towards Faron St:
Sewer Main Number: L-2585
Install Date: 8/3/1939
Net Book Value as of 04/30/23: $0.00
East sewer draining towards Bourine St:
Sewer Main Number: L-2084*
Install Date: 5/4/2020
City Project Number: 02381
Initial Installation Cost: $38,070.00
Net Book Value as of 04/30/23: $36,686.94
Net Book Value Determination for L-2084*
Otv Unit
Item
Unit Price
Cost for L-2084*
Denreciation*
Net Book Value**
259
LF
3331.41 15 8" Sewer
$
90.00
$
23,310.00
$
80937
$
22,500.63
Pine
9
EA
3331.3101 4" Sewer
$
700.00
$
6,300.00
$
262.50
$
6,037.50
Service
9
EA
3331.3102 4" 2-Way
$
120.00
$
1,080.00
$
45.00
$
1,035.00
Cleanout
1
EA
3339.1001 4' Manhole
$
5.500.00
$
5.500.00
$
190.97
$
5.309.03
259
LF
33301.0002 Post -CCTV
$
1.00
$
259.00
$
10.79
$
248.21
Insnection
1
EA
3301.0101 Manhole
$
150.00
$
150.00
$
5.21
$
144.79
Vacuum Testing
259
LF
3305.0109 Trench
$
1.00
$
259.00
$
10.79
$
248.21
Safety
1
EA
3305.0112 Concrete
$
300.00
$
300.00
$
10.42
$
289.58
Collar
1
EA
241.2201 Remove 4'
$
300.00
$
300.00
$
12.50
$
287.50
Sewer Manhole
153
SY
9999.0001 2" Flexible
$
4.00
$
612.00
$
25.50
$
586.50
Base Course (Gravel)
TOTAL
$
38.070.00
$
1.383.06
$
36.686.94
Sewer Line Abandonment Agreement Page 9 of 9