HomeMy WebLinkAbout065072 - Construction-Related - Contract - OGC SN Multifamily, LPDate and Time Received: 04/21 /2026 City Secretary No.:
SEWER LINE ABANDONMENT AGREEMENT
65072
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
OGC SN MULTIFAMILY, LP ("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 201 NE 29111 St., 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-22298 (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 CFA25-0079 and IPRC25-0046 which details the
work to be performed by Developer to drain, cut and cap at the proposed manholes and remove
the abandoned Sewer Lines and to construct new 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, pursuant to the CFA25-0079, 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 determined 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 CFA25-0079 ("Alternate Sewer Lines") 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 the Alternate Sewer Lines are 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 proposed manholes and remove the abandoned Sewer
Lines per IPRC25-0046 plans to prevent infiltration into the City's adjacent active sewer system;
and
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
f00996866 2) North Stockyards Mixed Use Page 1 of 8
Sewer Line Abandonment Agreement Rev. 9/2024
WHEREAS, the depreciated value of the Sewer Lines is the amount of $ 16,705.40
("Depreciated Value") as set forth in Exhibit "C" attached hereto and incorporated herein for all
purposes, collection of which is offset to the amount of $ 0.00 owed to the City, by the Developer's
construction of the Alternative Sewer Lines contemplated by CFA25-0079 and IPRC25-0046
plans; and
NOW, THEREFORE, in consideration of the covenants and agreements hereinabove
described and hereinafter professed, City and Developer agree as follows:
AGREEMENT
1.
Upon satisfaction of the Abandonment Conditions, City shall and by these presents, does
hereby abandon the Sewer 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 Alternate Sewer Lines that are the subject of the CFA25-0079 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." (collectively, the "Abandonment Conditions").
3.
Upon satisfaction of the Abandonment Conditions, 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 Sewer Lines are abandoned, as evidenced by the greensheet,
the Developer shall have exclusive control over the abandoned Sewer Lines and shall drain, cut,
and plug at the proposed manholes and remove the abandoned Sewer Lines per the IPRC25-0046
construction plans to prevent infiltration into the City's adjacent active sewer system.
S.
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.
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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,
plug at the proposed manholes and remove the abandoned 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, prior to the removal of the abandoned Sewer
Lines, 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.
0
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 CFA25-0079, 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.
12.
Upon satisfaction of the Abandonment Conditions, the City automatically releases,
abandons, relinquishes, surrenders and conveys to Developer, any rights the City may have in the
Property as a result of or relating to the location of the abandoned Sewer Lines on the Property;
such conveyance being without warranty, express or implied.
[Signatures Follow:]
(00996866 21 North Stockyards Mixed Use 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 Developer: OGC SN Multifamily, LP
a Texas limited partnership
00*�By: Fort `WUr-t11 SN 1V1UMIM1111h LLh,
By: a Texas limited liability company
Jesica McEachern its general partner
Assistant City Manager
By: A, � "
Name: RIIYCQer (jopdwin
Date:
04/18/2026 Title: Manager
,
Recommended
Christopher Harder
By: Christopher Harder (Apt 13. 2026 16:04:26 CDT)
Chris Harder, P.E.
Water Department Director
Approved As To Form and Legality
W601—V
By: Douglas Black (Apr 13, 2026 15:01:17 CDT)
Douglas W Black
Sr. Assistant City Attorney
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ATTEST:
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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 contract, including ensuring all performance and reporting requirements.
Shy Ya�� OFFICIAL RECORD
By: Suhy Varughese (Apr 13, 20 09:0e 05 03 CDT)
Suby Varughese, P.E. CITY SECRETARY
Engineering Manager
FT. WORTH, TX
(00996866 2) North Stockyards Mixed Use Page 4 of 8
Sewer Line Abandonment Agreement Rev. 9/2024
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on April 18 , 2026, 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.
IENNIFER LOUI ;E EZERNACK
ELECTRONIC NOTARY PUBLIC
# # STATE OF TEXAS
COMMISSION * 130561630
MY COMMISSION EXPIRES
MARCH 4, 2028
STATE OF TEXAS §
COUNTY OF BRAZOS §
Jennifer Louise Digitally signed by Jennifer
Louise Ezernack
Eze rn a c k Date: 2026.04.21 09:01:42-05'00'
1VOLaly Public in and fUr the State of TEXAS
i v�y voii�i�i�iission expires• March 4, 2028
This instrument was acknowledged before me on 1 t ot� , 2026, by R. Hunter Goodwin,
a Manager of FORT WORTH SN MULTIFAMILY, LLC, general partner of OGC SN
MULTIFAMILY, LP, a Texas limited partnership, and in the capacity therein stated.
LETICIA SAUCEDA
° � Notary Public, State of Texas
Q� Comm. Expires 10-03 2029 ota y Public in a d for the St to of TEXAS
��9.• •.fit`:
���„�{,�,•� Notary ID 12270464 My commission expires: $ Zf11;L
After Recording Return to:
City of Fort Worth — Development Services Water Section
ATTN: David Pelletier
100 Fort Worth Trail
Fort Worth TX, 76102
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Sewer. Line Abandonment Agreement Rev. 9/2024
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, & 10, Block 1 in Stockyards North Addition, an addition to the City
of Fort Worth, Tarrant County, Texas, according to the Final Plat FP-24-022, recorded as
Instrument Number D226067929, Plat Records of Tarrant County, Texas.
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Sewer Line Abandonment Agreement Rev. 9/2024
EXHIBIT "B"
Map of Sewer Line
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(00996866 2) North Stockyards Mixed Use Page 7 of 8
Sewer Line Abandonment Agreement Rev. 9/2024
EXHIBIT "C"
Depreciated Value of Sewer Lines
8" PVC Sewer Lines:
510 LF - 8" PVC Sewer Main Number: M-140*
Plans File Number: X-22298
GIS # 1 ] 57491 (294 LF), GIS # 1157490 (216 LF)
Install Date: 8/01/2010
Net Book Value as of 5/01/2025: $ 16,705.40
Total. Depreciated Value of the Sewer Lines as of 5/01/2025: $ 16,705.40 (see note below)
Note: The depreciated value of the Sewer Lines is the amount of $ 16,705.40 ("Depreciated
Value") as set forth in Exhibit "C" attached hereto and incorporated herein for all purposes,
collection of which is offset to the amount of $ 0.00 owed to the City, by the Developer's
construction of the alternative sewer lines contemplated by CFA25-0079 and IPRC25-0046 plans.
(00996866 21 North Stockyards Mixed Use Page 8 of 8
Sewer Line Abandonment Agreement Rev. 9/2024
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: OGC SN MULTIFAMILY, LP
Subject of the Agreement: Sewer Line Abandonment Agreement
M&C Approved by the Council? * Yes ❑ No M
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 0
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes 0 No ❑
If unsure, see backpage for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: Once Recorded by City Secretary's office Expiration Date: none
If different from the approval date.
If applicable.
Is a 1295 Form required? * Yes ❑ No 21
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable. CFA25-0079 / IPRC25-0046
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 0 No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.