HomeMy WebLinkAboutContract 61961Date and Time Received: 9/11/24 3:16 p.m. City Secretary No.: 61961
WATER AND SEWER LINE ABANDONMENT AGREEMENT
This WATER AND 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"), acting by and through its duly authorized Assistant City
Manager, and CHIPT Dallas Cantrell Sansom, L.P., a Delaware limited partnership
("Developer"), acting by and through its duly authorized representative.
RECITALS
WHEREAS, Developer is the owner of certain real property situated in the City of Fort
Worth, Tarrant County, Texas, located at 5500 Nafex Way, Fort Worth, TX 76131 ("Property")
more particularly described in Exhibit "A" attached hereto and incorporated herein for all
purposes; and
WHEREAS, the City owns and maintains public sewer and water facilities known as
S-13774 (the "Sewer Line") and X-15882 (the "Water Line"); The Sewer Line and Water Line
may from time to time hereinafter be referred to as the "Lines". The Lines are each within the
Property as shown on the diagram attached to this Agreement as Exhibit "B" and incorporated
herein for all purposes; and
WHEREAS, the City has vacated and extinguished the surface rights to Nafex Way within
which the Sewer Line and Water Line are located; and
WHEREAS, City and Developer have entered into a Community Facilities Agreement
(City Contract Number 61683, City Project Number 103930) which details the work which will
be undertaken to isolate the Lines from the City's water and sanitary sewer systems ("CFA"); and
WHEREAS, to facilitate Developer's use of the Property, Developer has requested that
City abandon the Lines; and
WHEREAS, the City has reviewed Developer's request and has determined that the Lines
serve no customers within or beyond the boundaries of the Property; and
WHEREAS, pursuant to the CFA, Developer will construct a new sewer line in an
alternative location to replace the Sewer Line that is being abandoned; and
WHEREAS, to avoid a gift of public funds through the abandonment of the Water Line,
which will not be relocated or reconstructed, Developer agrees to pay City the depreciated value
of the Water Line in the amount of $30,231.50 ("Depreciated Value") as set forth in Exhibit "C"
attached hereto and incorporated herein for all purposes; and
WHEREAS, once abandoned, Developer shall have exclusive control over the Lines and
shall use all reasonable care to prevent infiltration into the City's adjacent active water and sewer
systems.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 1 of 8
Cantrell Sansom Water and Sewer Line Abandonment Agreement Rev. 8/2022
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. Developer shall not perform any work on the Sewer
Line until said payment has been made and acknowledged by City. Upon receipt of the payment
in the amount designated as the Depreciated Value, City shall and by these presents, does hereby
abandon the Lines from the points designated for each on Exhibit "A" but only to the extent shown
thereon. Developer agrees to install a manhole at the North property Line for the 8" Sewer line
and to cut and plug the 12" Water line, respectfully, at its expense, to demarcate and facilitate the
abandonment and to prevent infiltration into the City's public sewer and water systems, as shown
on Exhibit "A".
2.
Developer agrees that City is not required to fill the Sewer Line with grout as Developer
intends to completely remove the Sewer Line as part of its development activities. City
acknowledges that Developer intends to partially use a portion of the Water Line in its
development. City shall not be required to make any improvements to the Water Line to facilitate
said future use nor shall City be required to disable, drain, fill or plug the Water Line.
3.
Except as herein provided, Developer shall not make use of or expand the Lines or
otherwise cause any infringement on the City's remaining public sewer infrastructure; provided,
however, nothing herein shall prevent Developer from performing construction activities affecting
the Lines (installation of a sewer manhole and cut & plug water line) as described in the CFA.
4.
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 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
Page 2 of 8
Cantrell Sansom Water and Sewer Line Abandonment Agreement Rev. 8/2022
OR IN CONNECTION WITH THE LINES. NOTHING IN THIS PROVISION
CONSTITUTES ANY WAIVER OF ANY RIGHT OF DEVELOPER PROVIDED FOR
UNDER THIS AGREEMENT.
5.
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 Lines.
51
Developer agrees and acknowledges that this Agreement is solely for the purpose of the
City abandoning the Lines and Developer thereafter having ownership and full responsibility of
the decommissioning or removal of the Sewer Line and decommissioning and partial re -use of the
Water Line and is not a conveyance of any right, title or interest in or to any other of the City's
public infrastructure not herein identified as part of the Lines, nor is it meant to convey any right
to use or occupy property in which a third party may have an interest.
7.
In the event Developer conveys the Property, Developer shall provide a copy of this
Agreement, which shall run with the land, to the new owner of the Property along with a report on
the status of Developer's actions with respect to the Lines (e.g., unaltered, filled and left in place,
removed). Developer shall promptly notify City of any transfer in ownership of the Property.
8.
Any cause of action for breach of this Agreement shall be brought in Tarrant County,
Texas. This Agreement shall be governed by the laws of the State of Texas. In any action brought
under or to enforce any part of this Agreement, the prevailing party shall be entitled to recover
interest and reasonable attorney's fees.
This Agreement shall be binding upon the parties hereto, their successors and assigns.
[Signatures Follow.]
Page 3 of 8
Cantrell Sansom Water and Sewer Line Abandonment Agreement Rev. 8/2022
THIS AGREEMENT shall be effective on the date signed by the City's Designated
Assistant City Manager.
City of Fort Worth
B baruz aurvkd
By Burehd off (Seo 2024 A 4 CDT)
Dana Burghdoff
Assistant City Manager
Date: 9/3/2024
Recommended By:
�l�l,ftD��l�� 1fGlYGi2�
Ch,kt�nho, H-11-(Ifi�mn �.crnTi
Chris Harder, P.E.
Water Department Director
Approved As To Form and Legality
Douglas Black (Sep 3, 202414:20 CDT)
Douglas W Black
Sr. Assistant City Attorney
Pig °a�0
ATTEST:
o°o
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aaII TEXASod
Ilbunuaoo
V
Jannette S. Goodall
City Secretary
Contract Compliance Manager
Developer: °sz 10
CHIPT DALLAS CANTRELL SANSOM
L.P., a Delaware limited partnership
By: CHI North Texas 119 Cantrell Sansom, L.P.
a Delaware limited partnership, its general partner
By: CHI LTH GP, L.L.C., a Delaware
limited liabili company, its general partner
By: �i. ice/
Name: ohm B. Cooper
Title: Vice President
Date: g� Z`� ('29.oU.
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.
Name: Suby Varughese, P.E.
Title: Engineering Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 4 of 8
Cantrell Sansom Water and Sewer Line Abandonment Agreement Rev. 8/2022
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me onSeptember 3rd , 2024, by Dana Burghdoff,
the Assistant City Manager of the City of Fort Worth, a Texas home rule municipal corporation,
on behalf of said home rule municipal corporation.
o�PRYPca KATHLEEN BRADFORD
_ Notary Public
• • STATE OF TEXAS
GV Q Notary I.D. 12197197
9fioF My Comm. Exp. Apr. 12, 2027
STATE OF TEXAS §
COUNTY OF DALLAS §
Notary Public in and for the State of TEXAS
My commission expires: April 12, 2027
This instrument was acknowledged before me on A j LAj- 2-9 , 2024, by John B. Cooper, a
Vice President of CHI LTH GP, L.L.C., a Delaware limited liability company, the general partner
of CHI North Texas 119 Cantrell Sansom, L.P., a Delaware limited partnership, the general partner
of CHIPT Dallas Cantrell Sansom, L.P., a Delaware limited partnership, on behalf of said limited
liability company and limited partnerships.
c►"Y "�o KELLV DUGAN
Notary ID #133365320
My Commission Expires
October 1, 2025
NotaryPublic in an�e State of TEXAS
My commission expires:
After Recording Return to:
City of Fort Worth — Development Services Water Section
ATTN: David Pelletier
200 Texas Street
Fort Worth TX, 76102
Page 5 of 8
Cantrell Sansom Water and Sewer Line Abandonment Agreement Rev. 8/2022
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
BEING a tract of land situated in the David Odum Survey, Abstract No. 1184, City of Fort Worth,
Tarrant County, Texas, and being all of Lot 1, Block 1, NAFX Addition, an addition to the City of
Fort Worth, according to the plat recorded in Cabinet A, Slide 8991, Plat Records, Tarrant County
Texas, and being the same tract of land described in Special Warranty Deed to CHIPT Dallas
Cantrell Sansom, L.P., as recorded in Document No. D223198467 in the Official Public Records
of Tarrant County, Texas, and being more particularly described as follows:
BEGINNING at a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found at the
southwest corner of said Lot 1;
THENCE North 0°45'45" West, along the west line of said Lot 1, a distance of 1477.12 feet to a
mag nail set at the northwest corner of said Lot 1, and being in the south right-of-way line of
Cantrell Sansom Road, a variable width right-of-way, from which a PK nail found bears North
0°45'45" West, a distance of 60.00 feet;
THENCE North 89022'44" East, along the said south right-of-way line, and along the north line
of said Lot 1, a distance of 689.45 feet to a 1/2-inch iron rod found at the northeast corner of said
Lot 1;
THENCE South 0°23'27" East, departing the said south right-of-way line, and along the east line
of said Lot 1, at a distance of 510.64 feet passing a 5/8-inch iron rod found for the southwest corner
of Lot 1, Block 1, Linder -Stahl Addition, an addition to the City of Fort Worth according to the
plat recorded in Cabinet B, Slide 982, said Plat Records, and continuing in all a total a distance of
1476.91 feet to a 5/8-inch iron rod with "KHA" cap set at the southeast corner of said Lot 1, Block
1, NAFX Addition;
THENCE South 89°21'39" West, along the south line of said Lot 1, Block 1, NAFX Addition, a
distance of 679.87 feet to the POINT OF BEGINNING and containing 1,011,246 square feet or
23.2150 acres of land, more or less.
Page 6 of 8
Cantrell Sansom Water and Sewer Line Abandonment Agreement Rev. 8/2022
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abandonment point is
8 C. `
►'*`� at Proposed Manhole`tip i• I ' �.�
CL at North property line N Water Line to be cut and
1� �. a per IPRC22-0015 w plugged at the abandonment
a point located approximatly 57"
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2 south of the North property line �E
� ci per IPRC22 0015, CFA22-0135. s e
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proposed for Abandonment Legend
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Adjacent City
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7/18/2024
•autrn"ze¢uvoir Cantrell Sansom Industrial FORTWORTH "
C 5500 Nafex Way
0 65 130 W260 390 520
N Existing Public Water & Sewer Lines Feet
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EXHIBIT "C"
Depreciated Value of the Water Line
Water Line:
Water Main Number: X-15882
Install Date: 4/22/2004
Net Book Value as of 8/23/2024: $30,231.50
Total Net Book value for the Water Line Number X-15882 owed to the City = $30,231.50
Note: Sewer Line (5-13774) which was installed on 4/22/04, has a net book value as of 8/23/2024
_ $24,697.00, The Developer will be Installing a New Public 8" Sewer Line along the West Lot
line that will be constructed under IPRC22-0015 and replacing the Existing Sewer Line 5-13774
that is planned to be removed. Since the Sewer Line (S-13774) will be replaced by a New Public
8" Sewer Line, the remaining net book value of $24,697.00 for Sewer Main number 5-13774 is
not required. Once the New Public 8" Sewer Line is installed along the West Lot line, it will
become the City's Capital Asset.
Page 8 of 8
Cantrell Sansom Water and Sewer Line Abandonment Agreement Rev. 8/2022