HomeMy WebLinkAboutContract 62722Date and Time Received: 02/05/2025 City Secretary No.: V����
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"), acting by and through its duly authorized Assistant City Manager, and the
Fort Worth Independent Schoal 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 15Q1 W Seminary Dr, Fart 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 M-87, M-87R*,
M-88, M-88R, M-88R*, L-2055 (the "Sewer Lines"); The Sewer Lines are located within and
adjacent to the Property as shown in Exhibit "B" which is attached hereto and incorporated herein
for all purposes; and
WHEREAS, Developer has entered into a Community Facilities Agreement, CFA24-
0166, IPRC24-0012 ("CFA") which details the work to be performed by Developer to abandon,
drain, cut and cap at the existing manhole and grout fill the Sewer Lines and to construct new
sewer lines which will be under�aken to isolate the Sewer Lines fram the City's sanitary sewer
system; and
WHEREAS, to facilitate Developer's use of the Property, Developer has requested that
City abandon the Sewer Lines; and
WHEREAS, pursuant to the CFA, Developer will construct a new sewer line in an
alternative location to replace the Sewer Lines and serve the existing customers; and
WHEREAS, the City has reviewed Developer's request and has deterrnined that the Sewer
Lines serve customers within or beyond the boundaries of the Property, and the abandonment of
the Sewer Lines contemplated by this Agreement can not take place until the new sewer lines
Developer will construct pursuant to the CFA have been constructed, inspected and accepted by
the City are placed in service and adequately serve any remaining customers who are served by
the Sewer Lines; and
WHEREAS, once completed, the Sewer Lines will be deemed abandoned and the
Developer shall have exclusive control over the Sewer Lines. Developer shall drain, cut and cap
at the existing manhole and grout fill the Sewer Lines per IPRC24-0012 plans to prevent
infiltration into the City's adjacent active sewer system; and
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 1 of 9
Rosemont Middle School - Sewer Line Abandonment Agreement Rev. 9/2024
WHEREAS, the depreciated value of the Sewer Lines is the amount of $24,018.15
("Depreciated Value") as set forth in Exhibit "C" attached hereto and incorporated herein for all
purposes, collection of which is offset by Developer's construction of the alternative sewer line
contemplated by the CFA;
NOW, THEREFORE, in consideration of the covenants and agreements hereinabove
described and hereinafter professed, City and Developer agree as follows:
AGREEMENT
1.
City shall and by these presents, does hereby abandon the Lines from the points designated
for each on Exhibit "B" but only to the limits shown thereon in accordance with this Agreement
and only after Developer constructs the replacement sewer line as contemplated herein.
2.
Abandonment of the Sewer lines and work by Developer to abandon the Sewer Lines shall
not occur until the new sewer lines that are the subject of the CFA have been constructed by
Developer, have passed all testing and inspection, and have been accepted by the City as indicated
by the execution by the City of the notice of project completion, commonly referred to as the
"greensheet."
3.
Developer hereby accepts the Sewer Lines "as-is/where-is" and warrants that Developer
has performed its due diligence to understand the condition of the Sewer Lines without relying on
any representation by the City. Developer shall not expand or otherwise cause any infringement
on the City's remaining public infrastructure.
4.
Developer agrees that once the Lines are abandoned, the Developer shall have exclusive
control over the Sewer Lines and shall abandon, drain, cut and cap at the existing manhole and
grout fill the Sewer Lines per the IPRC24-0012 construction plans to prevent infiltration into the
City's adjacent active sewer system.
5.
Except as otherwise herein provided, all construction and abandonment ofthe Sewer Lines
shall be performed in strict compliance with this Agreement and the City's Charter, policies,
ordinances, and Code.
Page 2 of 9
Rosemont Middle School - Sewer Line Abandonment Agreement Rev. 9/2024
6.
Developer agrees to comply fully with all applicable federal, state and local laws, statutes,
ordinances, codes or regulations in connection with the construction and shall abandon, drain, cut
and cap at the existing manhole and grout fill the Sewer Lines to prevent infiltration into the City's
adjacent active sewer system.
7.
Developer agrees and acknowledges that this Agreement is solely for the purpose of
granting to Developer ownership and full responsibility for the decommissioning of the Sewer
Lines 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 Lines nor is it meant to convey any right to use or occupy
property in which a third party may have an interest.
8.
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 Lines. The Developer shall promptly
notify City of any transfer in ownership of the Property.
4.
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.
10.
This Agreement shall be binding upon the parties hereto, their successors, and assigns.
11.
Contemporaneous with Developer execution and delivery of this Agreement to the City,
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 reconnect any remaining customers.
[Signatures Follow:]
Page 3 of 9
Rosemont 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 Wor.th
a� a���G
BV: DanaBurghdoff(Jan ,2025 CST)
J
Dana Burghdoff
Assistant City Manager
Date: � � �27�2�25
Fort Worth Independent School District
t
By: 3 � 'Yl C
Name: Kel ie 5pencer
Title: Deputy Superintendent of Operations
Date: 1/16/25
Recommended
Ctirisfa�G,er f�a✓dev
BV� Chr'istopherllarder(Jan27,20251036C5T1
J
Chris Harder, P.E.
Water Department Director
Approved As To Form and Legality
��
B�� Douglasl;lack(Jan23,202Sli:106T)
Douglas W Black
Sr. Assistant City Attorney
ovonpU
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ATTEST: �p�,� o o�*�
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By:
Jannette S. Goodall
City Secretary
Contract Compliance Manager:
By signing I acknowledge that I am the person Responsible for the monitoring and
Administration Of this eontract, including ensuring all performance and reporting requirements.
By:
s�� ��� ��
Suby Varughese, P.E. �FFICIAL RECORD
Engineering Manager CITY SECRETARY
FT. WORTH, TX
Page 4 of 9
Rosemont Middle School - Sewer Line Abandonment Agreement Rev. 9/2024
STATE OF TEXAS
COUNTY OF TARRANT
0
This instrument was acknowledged before me on January 27, 2025, by Dana Burghdoff, Assistant
City Manager of the City of Fort Worth, a Texas home rule municipal corporation, on behalf of
said home rule municipal corporation.
���,�YP���i JENNIFER LOU15E EZERNACK
� lT� -- `@ �i
=i: � •`� _ Notary Public, State of Texas
='"-�=��� Comm. Expires 03-0I-2028
=;����� ;�
' ,,,,,,,,� Notary ID 130561630
STATE OF TEXAS
COUNTY OF TARRANT
��� �' ' � �� �
� ��. l ���.
Ndt� Public in d for the Sta e of TEXAS
My commission expires: March 4, 2028
This instrument was acknowledged before me on January 16 , 2025, by Kellie Spencer
a Deputy Superi.ntendent of the Fort Worth Independent School District_
.
,•;:+�Y ��; ., LETICIA LAING ARRIAGA
�o •
i/"`.` .
_.; i�j��_ MY COMMISSION EXPIRES No Public in and for th e ofTF.X.4
:�`✓v '•=
''•'�a,':'�� OTARY DR124779 86 My commission expires: October 20. 202
After Recording Return to:
City of Fort Worth — Development Services Water Section
ATTN: David Pelletier
100 Fort Worth Trail
Fort Worth TX, 76102
Rosemont Middle School - Sewer Line Abandonment Agreement
Page 5 of 9
Rev. 9/2024
EXI�BIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Lot 1R1, Block 1, Rosemont Middle School Site, an addition to the City of Fort Worth, Tarrant
County, Texas, according to plat recorded as Instrument Number D210262134, Plat Records of
Tarrant County, Texas.
Page 6 of 9
Rosemont Middle School - Sewer Line Abandonment Agreement Rev. 9/2024
EXHIBIT "B"
Map of Sewer Line
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Page 7 of 9
Rosemont Middle School - Sewer Line Abandonment Agreement Rev. 9/2024
EXHIBIT "C"
Depreciated Value of Sewer Lines
8" PVC Sewer Lines and 4' Manholes:
188 LF - 8" PVC Sewer Main Number: M-88R*
Plans File Number: X-21832
GIS # 83523
Install Date: September 9, 2010
Net Book Value as of December 26, 2024: $6,158.07
S" PVC Sewer Lines and 4' Manholes:
326 LF - 8" PVC Sewer Main Number: M-88R
Plans File Number: X-19581
200 LF - GIS # 81255
126LF-GIS#84117
Install Date: August 11, 2006
Net Book Value as of December 26, 2024: $5,140.00
8" PVC Sewer Lines and 4' Manholes:
602 LF -$" PVC Sewer Main Number: M-87R*
Plans File Number: X-16627
525 LF - GTS # 117507
77 LF - GIS # 78978
Install Date: July 15, 1999
Net Book Value as of December 26, 2024: $12,720.08
8" DI Sewer Lines and 4' Manholes:
98 LF - 8" DI Sewer Main Number: M-87
Plans File Number: X-12868
GIS # 117611
Install Date: July 31, 1926
Net Book Value as of December 26, 2024: $0.00
6" VC Sewer Lines and 4' Manholes:
195 LF - 6" VC Sewer Main Number: M-88
Plans File Number: X-16463
GIS # 84093
Install Date: August 9, 1926
Net Book Value as of December 26, 2024: �O.OQ
6" Concrete Sewer Lines and 4' Manholes:
258 LF - 6" Concrete Sewer Main Number: L-2055
Plans File Number: X-02055
GIS # 82559
Install Date: August 7, 1928
Net Book Value as of December 26, 2024: �0.00
Total Net Book Value as of December 26, 2Q24: $24,018.15
Page 8 of 9
Rosemont Middle School - Sewer Line Abandonment Agreement Rev. 9/2024
Note: The Sewer Lines indicated above, have a net book value of $24,018.15, The Developer will
be installing new Public 8" Sewer Lines that will be constructed under IPRC24-0012 and replacing
the Existing Sewer Lines that are planned to be removed. Since the Sewer Lines will be replaced
by New Public 8" Sewer Lines, the remaining net book value of $24,018.15 is waived. Once the
New Public 8" Sewer Lines are instaIled, they will become the City's Capital Asset.
Page 9 of 9
Rosemont Middle School - Sewer Line Abandonment Agreement Rev. 9/2024