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Home My WebLink AboutContract 62151Date and Time Received: 10/21/2024 12:18 p.m. City Secretary No.: 62151 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 W. C. Stripling Middle School, a campus of the Fort Worth Independent School District, a political subdivision of the state of Texas and a legally constituted independent school District located in Tarrant County, Texas, ("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 2100 Clover Ln, 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 LC-8277 (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, 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: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 10 W. C. Stripling Middle School Sewer Line Abandonment Agreement 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 in 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 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. U 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 agrees to comply fully 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. 6. Developer agrees and acknowledges that this Agreement is solely for the purpose of granting to Developer ownership and full responsibility for the maintenance of the Sewer Line and is not a conveyance of any right, title, or interest in or to 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. Page 2 of 10 W. C. Stripling Middle School Sewer Line Abandonment Agreement Rev. 9/2024 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 Sewer Line. The 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. 9. This Agreement shall be binding upon the parties hereto, their successors, and assigns. [Signatures Follow:] Page 3 of 10 W. C. Stripling Middle School 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 Dva �GI gGc�fD F By: Dana Burghdoff (Oct 202411'3t CDT) Dana Burghdoff Assistant City Manager Date: Oct 21, 2024 Recommended By:Christopher H der (Oct 21, 202411:24 CDT) Chris Harder, P.E. Water Department Director Approved As To Form and Legality By: Douglas Black(Oct 21,202409:54 CDT) Douglas W Black Sr. Assistant City Attorney poF FORr'y°o �o ATTEST: pro=p ��0.. 00,E By: y:v n,ns�a � .,�k�-�'�4a4 nEXAsoapp (I Jannette S. Goodall City Secretary Contract Compliance Manager: Fort Worth Independent School District W. C. Stripling Middle School By. CAAI Name: K llie Spen er Title: Deputy Superintendent of Operations 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: OFFICIAL RECORD Suby Varughese, P.E. CITY SECRETARY Engineering Manager FT. WORTH, Tx Page 4 of 10 W. C. Stripling Middle School Sewer Line Abandonment Agreement Rev. 9/2024 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on October 21st , 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. osPavP�a KATHLEEN BRADFORD _ Notary Public +.®+. STATE OF TEXAS Notary I.D. 12197197 My comet Exp: Apr. 12, 2027 STATE OF TEXAS § COUNTY OF TARRANT § k a� Notary Public in and for the State of TEXAS My commission expires: April 12, 2027 This instrument was acknowledged before me on October 15 , 2024, by Kellie Spencer a Deputy Superintendent of W. C. Stripling Middle School, Fort Worth Independent School District, on behalf of said limited liability company and limited partnerships. LETICIA LAINGARRIAGA y�•� Notary Pub] ic in r the State XAS•�4± c MY COMMISSION EXPIRES My commission expires: October 20.2027 OCTOBER 20, 2027 NOTARY ID: 124719386 rnn,` 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 10 W. C. Stripling Middle School Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE SEWER LINE ABANDONMENT LIMITS E EXISTING SANITARY SEWER LINE T GRAPHIC SCALE (VARIABLE WIDTH RIGHT—OF—WAY) BRYCE AVENUE P.O.R, Of 5/6" IRE W/ SAM CAP q (CM) N N/ O Qi O z SAttIT/,Rr SE51ER fIN1H17.£ NL0,9SS.iE288 E2.313,23005 Z (ORO) { t 0 1 a ` 186.74 LF OF EXISTING NV SANITARY SEWER LINE $1 TO BE PRIVATED Ln W cljzl- ■ wU0o W U } � U Cis oI 2C 00p ox— � ��nvTo � J J O p1 LINE TABLE LINE BE.AR114G D15TANCE Ll N69'96'36'W 23 79' L2 N27'04'1 YIN 13.W a.%F — SANITARY sExFR M.AN14OLE �J N: 6,953, 350.06 E: 2, 313, 54.55 (GRID) y GEORGE KINDER SURVEY, , ABSTRACT NO. 89 o n O N O P.O.C. Z "X" FOUND rh G,95$.787.02 E: _'.S1S.S78.tt5 EL CAMPO AVENUE (VARIABLE WIDTH RIGHT—OF—WAY) I EGENn PROPERTY LINE MARKER FOUND AS NOTED" POINT FOR CORNER x W' CUT FOUND aSANITARY SEWER MANHOLE P.O.B. POINT OF BEGINNING P.O.E, POINT OF END P.O.C. POINT OF COMMENCING P,O.R. POINT OF REFERENCE P.R.T.C.T PLAT RECORDS TARRANT COUNTY TEXAS D.R.T.C.T DEED RECORDS TARR.ANT COUNTY TEXAS IRS IRON ROO SET IRE IRON ROD FOUND CM CONTROLING MONUMENT MOTE: W 1 Legal description to accampony this survey sAetch. Z 2. Bins of bearinq is the Texas State Plane Cooroinole Syslea+, Noeth Contrm .ans 002), 1g83 83x 20t D). 4 Norlh Amvlcan e1olum {f{qO ,IIh all tllsiancan ana cocrdlnotes atl aEetl so _I p I Weloce by pm*t surlach rear of 00012 W` .} TRIO surge' '.os clxhy ted ""ut the There be ba"R! of gm o�aslracl of lltle may nasemeels ar other mollrvs al .eoold net / OF %, pecerd 4001 lRat[nn ehaan "'Van Ave O m based upan p.Wic records awlaI at Ins J tlrria of sur•,ep. (� t OF . 1. • •5 f•-.,,r 11CH EL A. MCDiN "GFFSSsDY 1� Michael A. Medina Dale RPLS No. 6692 1 HEREBY CERTIFY THAT THE HOR12ONTAL AND VERTICAL DATA SHOWN HEREON WAS DETERMINE[) BY A FIELD SURVEY ON 07-2024 NU'M 1i:1 ! ry Monugb�d tea., SUM4pOW PROJECT: TI Fw= UTY LINF EMMIDab,,Ons, Ts>s. 75241 1 r ore.2ss.63t.rase SHEET 1 Fnc 214 6-31.7103 OF 3 amri: irdojMwm bu DItF SAII aa, w. (kt1 Tnxm F1rtn RopKSM»n No 100613W pA sus�eYS\102207sase\G4DatJVERV\F ft\202 -07-03 DMITM &WARY SEM LINE uad►TAEwsrwo SWRAW SM" Page 6 of 10 W. C. Stripling Middle School Sewer Line Abandonment Agreement Rev. 9/2024 Fort Worth Independent School District — EXISTING SANITARY SEWER LINE July 3, 2024 Page 2 of 3 Exhibit "A" Being 86.74 Linear Feet of existing sanitary sewer line situated in the George Kinder Survey, Abstract No. 89, in Tarrant County, Texas, and lying within a called 7.587 acre tract of land conveyed by Fort Worth Independent School District as recorded in Volume 806, Page 614 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.), and lying within Lots 6-8, Block 25 of the Hillcrest Addition as recorded in Volume 388, Page 17 of the Plat Records of Tarrant County, Texas (P.R.T.C.T.), and being more particularly described by metes and bounds as follows: COMMENCING at an "X" cut found in concrete at the southeast corner of said Fort Worth tract and said Block 25, and being in the northwest corner of the intersection of El Campo Avenue (Variable Widtli Right -of -Way) and Clover Lane (Variable Width Right -of -Way); THENCE N00000'57"W, alongthe west Right -of -Way line of said Clover Lane and the east line of said Fort Worth tract and said Block 25, a distance of 574.76 feet to an "X" cut found; THENCE N67026'36"W, across said Fort Worth tract and said Block 25, a distance of 23.79 feetto a sanitary sewer manhole, and being the POINT OF BEGINNING; THENCE continuing across said Fort Worth tract and said Block 25, the following three courses and distances: N27104' 13"W, a distance of 13.95 feet to a point for corner; N11154'58"W, a distance of 40.70 feet to a point for corner; Page 7 of 10 W. C. Stripling Middle School Sewer Line Abandonment Agreement Rev. 9/2024 Fort Worth Independent School District — EXISTING SANITARY SEWER LINE July 3, 2024 Page 3 of 3 N17140'52"W, a distance of 32.09 feet to a sanitary sewer manhole, and being the POINT OF END and containing 86.74 linear feet, more or less, from which a 5/8-inch iron rod with plastic cap stamped "SAM" found at the northeast corner of said Fort Worth tract and said Block 25 bears N09104'32"E, a distance of 295.69 feet, being inthe southwest corner of the intersection of Bryce Avenue (80' Right -of -Way) and said Clover Lane; NOTE: Survey sketch to accompany this legal description. NOTE: Bearings are based on NAD 83 Datum, Texas State Plane Coordinate System, North Central Zone, with all distances and coordinates adjusted to surface by surface adjustment factor of 1.00012. That I Michael A. Medina, a Registered Professional Land Surveyor in the State of Texas, hereby states that this survey was made from an actual on the ground survey made in July, 2024 under my supervision, that all monuments exist as shown hereon and this survey substantially conforms with the current professional and technical standards as set forth by the Texas Board of Professional Land Surveying. Michael A. Medina DateRPLS No. 6692 . MEDiN) Cp� TBPLS Firm No. 1064300 9Surveying And Mapping, LLC (SAM)�1341 W. Mockingbird Lane, Suite 40OWR`� Dallas, Texas 75247 Page 8 of 10 W. C. Stripling Middle School Sewer Line Abandonment Agreement Rev. 9/2024 PCI ro CD C rp N O O "'h N .-r � O 2100 Clover Lane, fort worth, TX 76107 W. C_ Stripling Middle School FORT WORTH MAWR N EXHIBIT "C" Depreciated Value of Sewer Line Sewer Line and Manhole: Sewer Main Number and Manhole: LC-8277 Plans File Number: X-08277 GIS # 69577 Install Date: December 18, 1918 Net Book Value as of August 28, 2024: $0.00 Page 10 of 10 W. C. Stripling Middle School Sewer Line Abandonment Agreement Rev. 9/2024