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Home My WebLink AboutContract 63329Date and Time Received: 05/29/2025 City Secretary No.: 63329 WATER LINE ABANDONMENT AGREEMENT This WATER 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 RIVER PARK MF OWNER, LLC ("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 3201 River Park Drive, 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 water facilities known as X-10470 (the "Water Lines"); The Water 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 CFA25-0027, CSC 63252 and IPRC24-0225 which details the work to be performed by Developer to abandon, drain, cut existing tee, plug at the existing 8" Water Main and remove the Water Lines which will be undertaken to isolate the Water Lines from the City's water system; and WHEREAS, to facilitate Developer's use of the Property, Developer has requested that City abandon the Water 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 Water Line and agrees to drain, cut existing tee, plug at the existing 8" Water Main and remove the Water Line per the limits shown in Exhibit "B" and in the IPRC24-0225 plans to prevent infiltration into the City's adjacent active water system; and WHEREAS, to avoid a gift of public funds through the abandonment of the Water Line, which will not be relocated or reconstructed, Developer agrees to pay City the depreciated value of the Water Line in the amount of $ 9,346.99 ("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: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ALTA RIVER PARK Pagel of 8 Water 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 `B" but only to the limits shown thereon in accordance with this Agreement. The Developer shall have exclusive control over the Water Line and agrees to abandon, drain, cut existing tee, plug at the existing 8" Water Main and remove the Water Line per the limits shown in Exhibit "B" and in the IPRC24-0225 plans to prevent infiltration into the City's adjacent active water system. 2. Developer hereby accepts the Water Lines "as-is/where-is" and warrants that Developer has performed its due diligence to understand the condition of the Water 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 Water Lines and shall abandon, drain, cut existing tee, plug at the existing 8" Water Main and remove the Water Lines per the IPRC24-0225 construction plans to prevent infiltration into the City's adjacent active water system. 4. Except as otherwise herein provided, all construction, abandonment and removal of the Water 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 existing tee, plug at the existing 8" Water Main and remove the Water Lines to prevent infiltration into the City's adjacent active water 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 Water 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 Water Lines nor is it meant to convey any right to use or occupy property in which a third party may have an interest. ALTA RIVER PARK Page 2 of 8 Water 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 Water 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:] ALTA RIVER PARK Page 3 of 8 Water Line Abandonment Agreement Rev. 9/2024 THIS AGREEMENT shall be effective on the date signed by the City's Designated Assistant City Manager. DEI-ELOPER 1? i ver Parklkeff 0=eir, LLC, a Delawwe limited liability coinpuy City of Fort Worth By: Jesica McEachern Assistant City Manager Date: 05/28/2025 Recommended By: Christopher der(May 27,202510:24CDT) Chris Harder, P.E. Water Department Director Approved As To Form and Legality Black( By: Douglas 2518:01 CDT) Douglas W Black Sr. Assistant City Attorney Aq'094pQ�Q p0, FORT�QO �� ATTEST: p �- 591 d �a p ago o=a By �QQQ� EXA`�apd Jannette S. Goodall °O4 a4 City Secretary Contract Compliance Manager: Ry _ $ivm Park MF Vm n-e. LLC} a DelaR-are linutec liability camp m,v Its ,riexmber By: WS River Park, LLC, a Delaware limited liability company, its Managing Member By: WP Texas, LLC, a Delaware limited liability company, its manager By. Name: Ryan Miller Title: Vice President 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: ��p,t'.14.Pr Suby Varughese, P.E. OFFICIAL RECORD Engineering Manager CITY SECRETARY FT. WORTH, TX ALTA RIVER PARK Page 4 of 8 Water Line Abandonment Agreement Rev. 9/2024 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on Mav 25 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. PUB JENNIFER LOUISE EZERNACK 1pRY ELECTRONIC NOTARY PUBLIC STATE TEXAS COMMISSION # 130661630 MY COMMISSION EXPIRES MARCH 4, 2028 STATE OF TEXAS § COUNTY OF TARRANT § Notary Public in and for the State of TEXAS My commission expires: March 4, 2028 This instrument was acknowledged before me on 12025, by Ryan Miller, a Vice President of WP Texas, LLC, a Delaware limited li ility company (entity type), and in the capacity therein stated. KATIE RAINWATER V� V'j (C� '�'%e Notary Public in and for th tate of TEXAS °:' ;�=Notary Public, State of Texas y :+P Comm. Expires 06-30-2027 My commission expires: Notary ID 134382746 After Recording Return to: City of Fort Worth — Development Services Water Section ATTN: David Pelletier 100 Fort Worth Trail Fort Worth TX, 76102 ALTA RIVER PARK Page 5 of 8 Water Line Abandonment Agreement Rev. 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lot 1-B, Block 2 in River Park Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-195, page 17, Plat Records, Tarrant County, Texas. ALTA RIVER PARK Page 6 of 8 Water Line Abandonment Agreement Rev. 9/2024 0 330D 3437•.:"3313 y r ? _ �: ~ 33203405 x7/;3 t Limits of 8" PVC Water Line to be Abandoned (X-10470) (D C 3325. 34253304 / , Cr �309 3316 3409 3308 3417 3305 13401 ¢, s; 332g _3433 A 3421 o� \�2 2 cD co AL (p C � G J .Q' f74 CD J 0 6905 00 320! 6912 3301 3213 6901 6908 6913 + 6909 6916 �p4 P�V.Gi • 8 P.Y'.C-.,,�: 5rM2025 " u ltnauthodzed reproduclion is a violation of applicable laws. ALTA RIVER PARK FORT WORTH This data is to be usedtor graphical representation only - The —," is .t to be taken I —d s data produd 3201 River Park Drive for engineering purposes or by a registered professional and surveyor WATER \ o The C! f Foe Worth assumes n°res ry° p°° i„lhyf°rhe Existing Public Water &Sewer Lines ° 25 50 100 150 200 accuracy of said data. Feet X 5 EXHIBIT "C" Depreciated Value of Water Lines 8" PVC Water Lines: 1,570 LF - 8" PVC Water Main Plans File Number: X-10470 GIS ID #273101 (377 LF), #285398 (266 LF), #273742 (37 LF), #373132 (226 LF), #316739 (76 LF), #369738 (75 LF), #262291 (500 LF), #259964 (13 LF) Installed Date: 8/7/1986 Net Book Value as of 5/20/2025: $ 8,171.17 4 (Total) - Fire Hydrants - GIS ID #273101 (1 EA), #139076 (1 EA), #138888 (1 EA), #139148 (1 EA) Plans File Number: X-10470 Installed Date: 8/7/1986 Net Book Value as of 5/20/2025: $1,175.82 Total Net Book Value as of 5/20/2025: $ 9,346.99 ALTA RIVER PARK Page 8 of 8 Water Line Abandonment Agreement Rev. 9/2024