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Home My WebLink AboutContract 63083Date and Time Received: 04/ 15/2025 City Secretary No.: 63083 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 Cook Children's Healthcare Systems, a Texas non-profit corporation ("Licensee"), acting by and through its duly authorized Director. RECITALS WHEREAS, Developer is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, located at 716 9r" Avenue, 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 public sewer facilities known as X-06262 and X-12984 (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 City Project No. 105684 and IPRC24-0148 which details the work to be performed by Developer to abandon, drain, cut, plug at the existing manhole and remove the Sewer Lines which will be undertaken to isolate the Sewer Lines from the City's sewer system; and WHEREAS, to facilitate Developer's use of the Property, Developer has requested that City abandon the Sewer Lines; 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 drain, cut, plug at the existing manhole and remove the Sewer Line per the limits shown in E�ibit "B" and in the IPRC24-0148 plans to prevent infiltration into the City's adjacent active sewer system; and 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 $ 10,741.80 ("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: Cook Children's Medical Center — West 8th Development Page 1 of 8 Sewer Line Abandonment Agreement OFFICIAL RECORD Rev. 9/2024 CITY SECRETARY 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 in accordance with this Agreement. The Developer shall have exclusive control over the Sewer Line and agrees to drain, cut, plug at the existing manhole and remove the Sewer Line per the limits shown in Exhibit "B" to prevent infiltration into the City's adjacent active sewer system. 2. 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. 3. Developer agrees that once the Lines are abandoned, the Developer shall have exclusive control over the Sewer Lines and shall abandon, drain, cut, plug at the existing manhole and remove the Sewer Lines per the IPRC24-0148 construction plans to prevent infiltration into the City's adjacent active sewer system. 4. Except as otherwise herein provided, all construction, abandonment and removal of the Sewer Lines shall be performed in strict compliance with this Agreement and the City's Charter, policies, ordinances, and Code. 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 shall abandon, drain, cut, plug at the existing manhole and remove the Sewer Lines to prevent infiltration into the City's adjacent active sewer system. 6. 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. Cook Children's Medical Center — West 8th Development Page 2 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 �. 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. 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:] Cook Children's Medical Center — West 8th Development 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:� Jesica McEachern Assistant City Manager Date: 04/10/2025 Recommended By: Ch�.!�T) Chris Harder, P.E. Water Department Director Approved As To Form and Legality BY: Douglas Black (Apr 4, 202515:57 CDT) Douglas W Black Sr. Assistant City Attorney ATTEST: � 1 �By:_U ________ _ Jannette S. Goodall City Secretary Contract Compliance Manager: Licensee: Cook Children's Healthcare Systems, By:t�rporation Name: e ce asTitle: V o�struction and Real Estate 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: Sue/-v � 1+:-S u by Varughese, P.E. Engineering Manager Cook Children's Medical Center-West 8th Development Sewer Line Abandonment Agreement Page 4 of 8 Rev. 9/2024 STATE OF TLXAS COUNTY OF TARRANT 0 � This instrument was acknowledged before me on (�� , 2025, by Jesica McEachern, the Assistant City Manager of the City of Fo��t Wo th, a Texas home rule municipal corporation, on behalf of said home rule ►nunicipal coi•poration. ,,,��,, ``�`�yy p�9i JENNIfER LOUISE EZERNACK � ' _'Z:'' �- Notary Public, Stata of Texss Not ►• Public and fo ;p. :�.'�; Comm. Expires 03-04-2028 My mmiss' expires: '�'��`4'+` Notary ID 130561630 �n�i�� STAT� OF T�XAS COUNTY OF TARRANT § This instru►nent was acicnowledged before me on Yl � , 2025, by Spencer Seals, a VP Constcuction and Real Estate of Cook Children's Healthcare Systems, a Texas non-profit corporation (entity type), and in the capacity therein stated. .��""'��, NICOLE GALLEGOS �.g��'Y P�e�= Notary Public, Sta1e of Texas ��':�'�; Comm. Expires 02-11-2027 'oFOF�``+° Notar ID 131889435 ii�nm� Y ..w,.•. � � Notary Public itt and r the State of TEXAS My commission expires: �.,- � � r�..0'�„'� After Recording Return to: City of Fo�•t Worth — Development Services Water Section ATTN: David Pelletiec 100 Fort Woi�th Trail Fort Worth TX, 76102 Coolc Children's Medical Center — West 8��' Development Page 5 of 8 Sewer Line Abandonment Agreement Rev, 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lot 1R, Block 8R and Lot 1R, Block 7 in Edwards Heirs Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Volume 63, Page 2, Plat Records of Tarrant County, Texas, all of Lot 2R, Block 8, Edwards Heirs Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat recorded in Cabinet B, Slide 3081, Plat Records of Tarrant County, Texas, Cook Children's Medical Center — West 8th Development Page 6 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT "B" Map of Sewer Line � `°'/ � ��n..s:ss � ��n�d�,s-s �,` �.,.:. m "'''' -- vs . -- - f° cs S "` � _ � Y --� �— `� M ,�4 : ` II� � _t �4m E ��F � a :�`��'�.;rs � , � " � � a "` � � � ? � � � 11[ � U p ' .- .�� I I,`� � � a� O� �� o�� _ N � .�: • �e �� N ��' °`�i � � � .� ' o W � y �' � � � � + __ "•. � � ,'�.�� _ � . � �� H � + � � ,A � � :�� _ � , � � ��. .R: �, � ��n"�.,9rss ` � - - : �`",:��,: ur c �, �y r�i ' O �v - O � ��s��.. �. �� Q � o � � 'n f� 1' Y ,r,�w ;� 31 0 �9-SS n'-. c.� � - . ..i � � � (6 0 0 5EL5 �io � � A .. - ' C � C � - � � II h+ ` :. :,` � ,.: "r O J ¢ � � � � � 9 .. � aa -.- ' � _ r .+�-� N � 61 � w co N V � '�'� � a. . . � � . � �y J � � . w � � ;•,� 7 � fi� �.� . � �� J (Ia � c �� r�n �� + ' ,`� � -'�~ , � � � �� .� ' NI N; . ��G � �':N I rr �• , : � N , J � � W O P M `� - . . . . _�n..,�� U -. .. . . . . _ . . . � � � SS_., .. .- _ - ...::�. � '.• . .. ,�•- - ,. z . 8" SS-b' .�� : - - � d � _ _ .P.V.C. 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J (6 4 , ; ' . ��y,:�h ar � -",'�� 6? n a , s.�.. � y Z �m � 1 �' �'� � �,� � �,�, � , i : o z � +' v� j f i . �'� - .. � G'� : � L!�' a � � � ¢ . - � � � : . . -- � Q a � �"` �� i .r� - �E `Y' �° - Cook Children's Medical Center — West 8th Development Page 7 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT "C" Depreciated Value of Sewer Lines 8" PVC Sewer Lines and 1 EA. 4' Manholes: 168 LF - 8" PVC Sewer Main Number: L-11463R* 1 Each — 4' Manhole ($ 2,009.50) Plans File Number: X-12984 GIS # 85303 Install Date: June 21, 2001 Net Book Value as of March 13, 2025: $ 4,890.70 8" PVC Sewer Lines and 1 EA. 4' Manholes: 224 LF - 8" PVC Sewer Main Number: L-6262R* 1 Each — 4' Manhole ($ 2,009.50) Plans File Number: X-12984 GIS # 85405 Tnstall Date: June 21, 2001 Net Book Value as of March 13, 2025: $ 5,851.10 6" VC Sewer Lines: 191 LF - 6" VC Sewer Main Number: L-6262 Plans File Number: X-06262 GIS # 85317 Install Date: December 26, 1961 Net Book Value as of March 13, 2025: $ 0.00 6" Concrete Sewer Lines: 12 LF - 6" Concrete Sewer Main Number: L-6262 Plans File Number: X-06262 GIS # 93352 Install Date: December 26, 1961 Net Book Value as of March 13, 2025: $ 0.00 Total Net Book Value as of March 13, 2025: $ 10,741.80 Cook Children's Medical Center — West 8th Development Page 8 of 8 Sewer Line Abandonment Agreement Rev. 9/2024