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Home My WebLink AboutContract 6228811/11/2024 1:20 p.m. 62288 Date and Time Received: City Secretary No.: 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 Alex Fitzhugh ("Owner/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 2726 Colonial Pkwy, 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-2807 (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 the Developer's request and has determined that the Sewer Line serves no customers within or beyond the boundaries of the Property; and WHEREAS, Developer desires to abandon and remove the length of the public sewer line within the designated limits shown on Exhibit "B"; 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 acknowledges that no new connections will be allowed to the Sewer Line or to the New Manhole near the south Property Line to avoid any infringement on the City's remaining public sewer infrastructure; provided, however, nothing herein shall prevent Developer from performing construction activities to remove the abandoned Sewer Line within the Property Limits as shown in Exhibit "B". Developer acknowledges that any future Sewer Service Connections will only be allowed from the Existing 8" PVC Sewer Line along Colonial Pkwy and fronting their property. 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 8 2726 Colonial Pkwy Sewer Line Abandonment Agreement Rev. 9/2024 AGREEMENT 1. City shall and by these presents, does hereby abandon the Line from the points designated in Exhibit "B" but only to the extent shown thereon. Developer desires to abandon and remove the Sewer Line as it enters its premises north of the new proposed manhole located at the south property line to prevent infiltration into the City's public sewer systems, as shown on Exhibit "B". Developer agrees to install a Manhole (Sewer Line) at its expense, to demarcate and facilitate the abandonment point. 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 acknowledges that no new connections will be allowed to the Sewer Line or to the New Manhole near the south Property Line to avoid any infringement on the City's remaining public sewer infrastructure; provided, however, nothing herein shall prevent Developer from performing construction activities to remove the Abandoned Sewer Line within the Property Limits as shown in Exhibit "B". Except as herein provided, all construction and removal of the Sewer Line shall be performed in strict compliance with this Agreement and the City's Charter, Policies, Ordinances and Codes. 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 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 Page 2 of 8 2726 Colonial Pkwy Sewer Line Abandonment Agreement Rev. 9/2024 OR IN CONNECTION WITH DEVELOPER'S USE OF THE SEWER LINE. 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, 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 of the removal 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 parry 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 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. 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. 9. This Agreement shall be binding upon the parties hereto, their successors and assigns. [Signatures Follow:] Page 3 of 8 2726 Colonial Pkwy 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 NA4, By: Dana Burghdoff (No 1, 2024 1:52 CST) Dana Burghdoff Assistant City Manager Date: Nov 11, 2024 Recommended chn"ftoyhel- fAw(el- By: Christopher Har r (Nov 11, 202407:20 CST) Chris Harder, P.E. Water Department Director Approved As To Form and Legality fj� By: Douglas Black (Nov 8, 202416:56 CST) Douglas W Black Sr. Assistant City Attorney pO�anIl� pORT�ad /erg ATTEST: Qa4°° nEoo5�4 By: Jannette S. Goodall City Secretary Contract Compliance Manager: Owner/Developer• zhugh By: Name: cG— Title: Property Owner 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: Suby Varughese, P.E. OFFICIAL RECORD Engineering Manager CITY SECRETARY FT. WORTH, TX Page 4 of 8 2726 Colonial Pkwy Sewer Line Abandonment Agreement Rev. 9/2024 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on November llth, , 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 Pav Pia KATHLUN BRADFORD = Notary Public +®* STATE OF TEXAS Notary I 9jF OFzP My Comm. Exp_1Ap2,971172027 STATE OF TEXAS § COUNTY OF TARRANT § Notary Public in and for the State of TEXAS My commission expires: April 12, 2027 This instrument was acknowledged before me on 4PP. "7 . 2024, by Alex Fitzhugh, the property owner of 2726 Colonial Pkwy, Fort Worth, TX. o GYP e< Ashley Guarnierl *r Y My Commission Expires 1112012026ID 1NotaryPublic in and for the State of TEXAS �Notary ID124399294 43 y . - ,.. a My commission expires: 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 2726 Colonial Pkwy Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lot 19-AR-1, Block 3, in Colonial Park Addition to the City of Fort Worth, Tarrant County, Texas, according to the plat as recorded under Volume 388-16, Page 395, Plat Records of Tarrant County, Texas. Page 6 of 8 2726 Colonial Pkwy Sewer Line Abandonment Agreement Rev. 9/2024 CD c p UQ N � 00 011112024 o d Fa�p FORT" WORTH " llnauG;arzed reps W ucac:n s a i ivolation �applicad;e ia:vs This data istobe�=dfor gmphi�irepr—tationoniy 2726 Colonial Parkway The aznirary Is not to be taken ! used as data praduced far engineering purposes or by a registered professianal iand surveyor WATER Ti. City of Fort worth assumes na Tesponsihitty for file Existing Public Water &Sewer Lines o 5 10 20 30 40 accur acy of said data. Feet 5 EXHIBIT "C" Depreciated Value of Sewer Line Sewer Line: 6" Concrete Sewer line Sewer Main Number: L-2807 GIS ID Number: 73067 Plans File Number: X-02807 Install Date: April 1, 1945 Net Book Value as of October 11, 2024: $0.00 Page 8 of 8 2726 Colonial Pkwy Sewer Line Abandonment Agreement Rev. 9/2024