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Home My WebLink AboutContract 61730-FP1 (2)Date and Time Received. 03/25/2025 City Secretary No.: 63016 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 CHRISTIAN UNIVERSITY ("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 Site `C' — 2800 Sandage Avenue, Fort Worth, TX 76129 ("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-2397 (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 the Alley right- of-way by City Ordinance number 27342-12-2024, but retained the utility easement within which the Sewer Line is located; and WHEREAS, Developer has entered into a Community Facilities Agreement (CFA) and IPRC25-0030 which details the work to abandon, drain, cut and cap at the proposed manhole and remove the Sewer Line. Which will be undertaken to isolate the Line from the City's sanitary sewer systems; 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 Lines will serve no customers within or beyond the boundaries of the Property; and WHEREAS, once abandoned, the Developer shall have exclusive control over the Sewer Line and agrees to install a manhole at the property line as shown in Exhibit "B". The Developer then shall abandon, drain, cut and cap at the proposed manhole and remove the Sewer Line per IPRC plans to prevent infiltration into the City's adjacent active sewer system. WHEREAS, to avoid a gift of public funds through the abandonment of the Sewer Line, which will not be relocated or reconstructed, Developer agrees to pay City the depreciated value of the Sewer Line in the amount of $ 0.00 ("Depreciated Value") as set forth in Exhibit "C" attached hereto and incorporated herein for all purposes; and NOW, THEREFORE, in consideration of the covenants and agreements hereinabove described and hereinafter professed, City and Developer agree as follows: TCU — SITE "C" OFFICIAL RECORD Page 1 of 8 Sewer Line Abandonment Agreement CITY SECRETARY Rev. 9/2024 FT. WORTH, TX 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. Developer shall have exclusive control over the Sewer Line and agrees to install a manhole at the property line as shown in Exhibit "B". The Developer then shall abandon, drain, cut and cap at the proposed manhole and remove the Sewer Line per IPRC25-0030 plans to prevent infiltration into the City's adjacent active sewer system. 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 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 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 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. TCU — SITE "C" Page 2 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 5. Developer agrees to comply fully with all applicable federal, state and local laws, statutes, ordinances, codes or regulations in connection with the construction and removal of the Sewer Line. 6. Developer agrees and acknowledges that this Agreement is solely for the purpose of granting to the Developer ownership and full responsibility 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 the 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:] TCU — SITE "C" Page 3 of 8 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 By: C>� Jesica McEachern Assistant City Manager Date: 03/20/2025 Recommended Chrisfionher Harder By: Christopher Harder(Mar 18, 202510:21 CDT) Chris Harder, P.E. Water Department Director Approved As To Form and Legality 99950-1 By: Douglas Black (Mar 508:36 CDT) Douglas W Black Sr. Assistant City Attorney pF F�RT�ad ATTEST: o°000 00,9=° By: U Jannette S. Goodall City Secretary Contract Compliance Manager: Deve Willi Vice UNIVERSITY rid Administration 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. s dw e "q� By: � Suby Varughese, P.E. Engineering Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX TCU — SITE "C" Page 4 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on , 2025, by Jesica McEachern, the Assistant City Manager of the City of Fort Worth, a Texas home rule municipal corporation, on behalf of said home rule municipal corporation. Notary Public in and for the State of TEXAS My commission expires: STATE OF TEXAS § COUNTY OF TARRANT This instrument was acknowledged before me on �I�i/► ` I �' 025, by William J. Nunez, the Vice Chancellor for Finance and Administration of TEXAS CHRISTIAN UNIVERSITY on behalf of said limited liability company and limited partnerships. HANEV //��// J Y P(r0 Pub11G $(ete 01 Texas 4mq)-f 0 Nole ID# 7470/04 Notary Public ' and for theStateQf S OFMY Commission Expo 1' L o�,�+ November 12,1027 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 TCU — SITE "C" Page 5 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lot 1R, Block 19-R, TCU Addition to the City of Fort Worth, Tarrant County, Texas, according to Final Plat FS-24-270, Plat Records of Tarrant County, Texas. TCU — SITE "C" Page 6 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 (A y (D CD ~S I CD r� H O (D (D cD a CQN�ER{ETE� SSA=CONCR W 60. y d w 2801 2803 2509 2411 2805 2807' m 2409, 28 W h- vW�. 8 . J O S87 2QCONCRET,E� d 28 2s1�5 z �^ ��M-8 2a !]� h O= A. 1 w 281G 'ya 2819 N' pro` 28 ci w nN 2829 r - I t' e AfnM� 28 h Limits of 6" Sewer Line '� a zaz3 Tni 2817 fl , � j 2820 Iw ^� ee to be Abandoned' ' a.l" 28a9 ci 2824 _ L) J Sewer Line Abandonment beginning point is at the Proposed Manhole 2825 , within Lot 2600 W Lowden Street l 2828 5516 z d ; �G ernes co �CRETE J:MLc MI nd Limits of 6 Sewer 2620 2600 a �� 4 Line to Remain r 2614E7 121 12" a rn PVC. 12" SS-6" P.V C. _ ,ga,YC 8 . c� s rneM iK a 12" P.V.c, u P.V.C. P.V.C. P.V-C, P.V.C. 12 �f - o W LOUVOtIV aae �n E —j—P-V-C--12=P V-C_ --a 8"- L. P,V-C-8^ P - Easements _ SS 6 U f.J TYPE -. F C. 2940� 2901 d 2951 2697 +2962920 2501 h 0.a uq 24 2929 2905 ¢N 0 0950- �TR,�N �S�TREETS u (DDC' t C CD �;ieu;r;�r;ceu rep;�uu1u 11;.a nuieuw �; nPpi i La�11—I. This data is to b. used for graphical representation only. Theaccuracy is not to betaken ! used as data produced for engineering purposes or by a registered professional end surveyor jThe Clry of Fort Worth assumes no—Woaihi3hy for tf,e am y of said data N � _1�1 00 � TEXAS CHRISTIAN UNIVERSITY FORT WORTH Site 'C' - 2800 Sandage Avenue WATER o zo 4o so Existing Public Water & Sewer Lines Zo Feet G� EXHIBIT "C" Depreciated Value of the Sewer Line 6" VC Sewer line: Sewer Line Number: X-02397 and L-2397 Sewer Line GIS ID: 65965 315 LF of 6" VC Sewer Line to Abandon Installed: September 14, 1936 Total Net Book Value as of 1/16/2025: $ 0.00 TCU — SITE "C" Page 8 of 8 Sewer Line Abandonment Agreement Rev. 9/2024