The URL can be used to link to this page

Home My WebLink AboutContract 62045Date and Time Received: 9/30/24 11:20 AM -------City Secretary No.: 62045 SEWER LINE ABANDONMENT AGREEMENT THIS 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 Texas Materials Group, Inc. ("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 1901 Cold Springs Rd, Fort Worth, TX ("Property") more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes; and WHEREAS, the City owns and maintains a public sewer facility known as L-5004 (the "Sewer Line"); The Sewer Line is wholly 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 Windmill Street right-of-way by City Ordinance No. 9033, but retained the utility easement within which the Sewer Line is located; and WHEREAS, to facilitate Developer's use of the Property, Developer has requested that City abandon the Sewer Line; and WHEREAS, the City has reviewed Developer's request and has determined that the Sewer Line serves no customers within or beyond the boundaries of the Property; and WHEREAS, to avoid the appearance of, or an actual, gift of public funds through this abandonment of a city facility, Developer agrees to pay City the depreciated value of the Sewer Line 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 Sewer Line and shall use all reasonable care to prevent infiltration into the City's adjacent active sewer system. NOW, THEREFORE, in consideration of the covenants and agreements hereinabove described and hereinafter professed, City and Developer agree as follows: 1901 Cold Springs Road Sewer Line Abandonment Agreement Page 1 of 8 Rev. 9/2024 AGREEMENT 1. 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 desires to privatize and maintain the Sewer Line as it enters its premises from the existing manhole to prevent infiltration into the City's public sewer systems, as shown on Exhibit "B". 2. Developer hereby accepts the Sewer Line "as-is/where-is" and warrants that Developer has performed its due diligence to understand the condition of the Sewer Line without relying on any representation by the City. Developer shall not expand or otherwise cause any infringement on the City's public infrastructure. 3. Developer agrees to be wholly responsible for maintaining the Sewer Line. The City acknowledges that Developer intends to fully or partially use of the Sewer Line in its development. City shall not be required to make any improvements to the Sewer Line to facilitate said future use nor shall City be required to relocate, disable, drain, fill or plug the Sewer Line. 4. Developer shall not expand the Sewer Line 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 Sewer Line. Except as herein provided, All construction, maintenance and operation of the Sewer Line shall be performed in strict compliance with this Agreement and the City's Charter, Policies, Ordinances and Codes. 5. 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 HIND OR CHARACTER, ARISING OUT OF OR IN CONNECTION WITH, THE ABANDONMENT, CONSTRUCTION, MAINTENANCE, OCCUPANCY, USE, EXISTENCE OR LOCATION OF THE SEWER LINE, 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 DEVELOPER'S USE OF THE SEWER LINE. N�THING Page 2 of 8 1901 Cold Springs Road Sewer Line Abandonment Agreement Rev. 9/2024 IN THIS PROVISION CONSTITUTES ANY WAIVER OF ANY RIGHT OF DEVELOPER PROVIDED FOR UNDER THIS AGREEMENT. 6. Developer agrees to comply fulty with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction, removal or use of the Sewer Line. 7. Developer agrees and acknowledges that this Agreement is solely for the purpose of granting to Developer ownership and full responsibility of the maintenance of the Sewer Line and is not a conveyance of any right, title or interest in or #o the City's public infrastructure not herein identified as part of the Sewer Line nor is it meant to convey any right to use or occupy property in which a third party may have an interest. : In the event Developer conveys the Praperty, Developer shall provide a copy of this Agreement, which shall run with the land, ta the new owner of the Property along with a report on the status of Developer's actions with respect to the Sewer Line. The Developer shall promptly notify City of any transfer in ownership of the Property. � 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. 10. This Agreement shall be binding upon the parties hereto, their successors and assigns. [Signatures Follow:] Page 3 of 8 1901 Cold Springs Road Sewer Line Abandonment Agreement Rev. 9/2024 THIS AGREEMENT shall be effective on the date signed by the City's Designated Assistant City Manager. City of Fort Worth Dana BuW;f1doff By: Dana Burghdoff (Sep 2 �2()24 09:45 CDT) Dana Burghdoff Assistant City Manager Date: Sep 27, 2024 Recommended By: ChristopherHarer{Sep21, 2024 08:13 CDT) Chris Harder, P.E. Water Department Director Approved As To Form and Legality By: Douglas Black (Sep 26, 2024 23:16 CDT) Douglas W Black Sr. Assistant City Attorney ATTEST: �1 � By:�U�-------- Jannette S. Goodall City Secretary Contract Compliance Manager: neyMcCam Title: Vice President 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: su6;r v�/Jc Suby Varughese, P .E. Engineering Manager 1901 Cold Springs Road Sewer Line Abandonment Agreement Page 4 of8 Rev. 9/2024 STATE OF TEXAS COUNTY OF TARRANT � � This instrument was acknowledged before me on september 2�th , 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 corparation. opft0 KATHLEEN BRADFORD = Notary Public + � STATE OF TEXAS �� Notaryl.D.12197197 9�oF'�P My Comm. Exp. Apr. 12, 2027 STATE OF TEXAS COUNTY OF TARRANT K�r.�,� 5�� Kathleen Bradford (Sep P, 20 12:01 CDT) Notary Public in and for the State of TEXAS My commission expires: APri� i2, Zo27 � � This instrument was acknowledged before me on September �3 , 2024, by Rodney McCarn, a Vice President of Texas Materials Group, Inc., on behalf of said limited liability company and limited partnerships. `'��"' MARY LaVELESS .`�t�� °� �% zr°�' ��r Notary Public, State of Texas ��.�°r' Comm, Expiras 03-27•2027 � %�0;,;� �� Nota►y ID 130169690 I� Notary Public n� for the State of TEXAS My commission expires: �,�, - d2 i—�p�..'% After Recording Return to: City of Fort Worth — Development Services Water Section ATTN: David Pelletier 100 Fort Worth Trail Fort Worth TX, 76102 Page 5 of 8 1901 Cold Springs Road Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lot 1B, Block 1, ASHLAND OIL ADDITION to the City of Fort Worth, Tarrant County, Texas, according to plat recorded as Volume 388, Page 1 b9, Plat Records of Tarrant County, Texas. Page 6 of 8 1901 Cold Springs Road Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT "B" Map of Sewer Line �� — _ � _ - o� - - � �� x [� 4 _ •an C� P.V.C. O �' Y - ��AD �.��, � � w GOGD SPFtiNGS � 5 8 �.�ti � a �� 0 � U - � O � 1 'r"I ro� .i. �p � R_• � � ��•' '• •�I , .�+�yL�� #' .�: ' - 7 + �' .' � S ,�,f .� � 1 , ti •� . �.�'. j � - ,� .� t �, �' t w . � •�' • 4, , .a_ i. .-� �� 2 Q F o� � m � m�° � N A d � E � � O � R � O U �° � n� — � �� I y 2 ' 3 a7 � c 1 y =T_ ] � L C i in a 7 . J►J i �I �, �' r�� OJy l i �� . � 4m • � J � � .�•'�. i' � � �s. ' � w_ �� „ �� •A�' � �;�� " � ; :r-� > I ,�� ` � � ' � � � � I .I � • �-;y_ -, �� ,� r �� .� _ ��, � �� t�-��=.. 1901 Cold Springs Road Sewer Line Abandonment Agreement ,�� .- � � � � .� � J � A1 �� L � � � �a � O � V � � � � � w T a ' c � � � 9 }, a o � � t 3 0 � c � � v d �� n � � c � � `c ,: Y d � � — o� � Q � ' 4 .*. '~ � -� � � � � n � i Page 7 of 8 Rev. 9/2024 EXHIBIT ��C" Depreciated Value of Sewer Line Sewer Line: Sewer Main Number: L-1167 Plans File Number: X-05004 Install Date: May 10, 1955 Net Book Value as of January 11, 2004: $0.00 Page 8 of 8 1901 Cold Springs Road Sewer Line Abandonment Agreement Rev. 9/2024