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Home My WebLink About065329 - Construction-Related - Contract - Fort Worth North City LLCDate and Time Received: 06/09/2026 City Secretary No.: WATER LINE ABANDONMENT AGREEMENT 65329 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 Fort Worth North City LLC, a limited liability company ("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 8725 North Freeway, 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-25895 (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 CFA26-0040 and IPRC25-0118 which details the work to be performed by Developer to abandon, drain, cut, cap, remove and plug at the main line 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, pursuant to the CFA26-0040, Developer will construct a new water line, fire line and fire hydrant in an alternative location to replace the abandoned Water Lines and serve the existing customers; and WHEREAS, the City has reviewed Developer's request and has determined that the Water Lines serve customers within or beyond the boundaries of the Property, and the abandonment of the Water Lines contemplated by this Agreement can NOT take place until the new water lines Developer will construct pursuant to the CFA26-0040 have been constructed, inspected and accepted by the City are placed in service and adequately serve the new fire hydrant and any remaining customers who are served by the Water Lines; and WHEREAS, once completed, the Water Lines will be deemed abandoned and the Developer shall have exclusive control over the Water Lines. Developer shall abandon, drain, cut, cap, remove and plug at the main line per CFA26-0040 and IPRC25-0118 plans to prevent infiltration into the City's adjacent active water system; and OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX TEXAS LEATHER — 8725 North Freeway Page 1 of 8 Water Line Abandonment Agreement Rev. 9/2024 WHEREAS, the depreciated value of the Water Lines is the amount of $ 4,426.58 ("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 water lines contemplated by CFA26-0040 and IPRC25-0118 plans; and 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 water line and fire hydrant as contemplated herein. 2. Abandonment of the Water lines and work by Developer to abandon the Water Lines shall not occur until the new water lines and fire hydrant that are the subject of the CFA26-0040 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 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. 4. Developer agrees that once the Lines are abandoned, the Developer shall have exclusive control over the Water Lines and shall abandon, drain, cut, cap, remove and plug at the main line per the IPRC25-0118 construction plans to prevent infiltration into the City's adjacent active water system. 5. 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. TEXAS LEATHER — 8725 North Freeway Page 2 of 8 Water 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, cap, remove and plug at the main line the Water Line to prevent infiltration into the City's adjacent active water 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 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. 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 Water Lines. The Developer shall promptly notify City of any transfer in ownership of the Property. 9. 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 CFA26-0040, Developer will construct a new water line in an alternative location to replace the Water Line that is being abandoned and reconnect any remaining customers. [Signatures Follow:] TEXAS LEATHER — 8725 North Freeway 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. City of Fort Worth By: Jesica McEachern Assistant City Manager Date: 05/31 /2026 Recommended Cl tft,PheY tlawa er By: Christopher Harder (May 26, 2026 13:59:49 CDT) Chris Harder, P.E. Water Department Director Approved �AAss'/TToo�'Form and Legality By:-DQualas Black (May 26 2026 132916 CDII Douglas W Black Sr. Assistant City Attorney ann Fgnr°aa ATTEST: II4ynnEX p5o4" By: Jannette S. Goodall City Secretary Contract Compliance Manager: Developer: Fort Worth . rth City LLC By: Name: Paul Gonfalez Title: Manager Date: 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: S Suby Varughese, P.E. Engineering Manager TEXAS LEATHER — 8725 North Freeway Water Line Abandonment Agreement OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 4 of 8 Rev. 9/2024 STATE OF TEXAS COUNTY OF TARRANT § This instrument was acknowledged before me on May 31 , 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. S JENNIFER LOUISE EZERNACKELECTRONIC NOTARY PUBLIC STATE O>= TEXAS COMMISSION t 1305616.30 MY COMMISSION EXPIRES MARCH 4, 2028 STATE OF TEXAS § COUNTY OF TARRANT § Jennifer Louise Digitally signed by Jennifer Louise Ezernack Eze r n a c k Date: 2026.06.05 09:34:51-05'00' Notary Public in and for the State of TEXAS My commission expires: March 4, 2028 This instrument was acknowledged before me on M T'4 , 2026, by Paul Gonzalez, a Manager of Fort Worth North City LLC, a limited li ility company (entity type), and in the capacity therein stated. Not lic m d for th41811 tte of TEXAS Shane Liam Holey M commission expires: My Commission 11 10/2028 xpin• Y p res: Notary ID 133442041 After Recording Return to: City of Fort Worth — Development Services Water Section ATTN: David Pelletier 100 Fort Worth Trail Fort Worth TX, 76102 TEXAS LEATHER — 8725 North Freeway Page 5 of 8 Water Line Abandonment Agreement Rev. 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lots 12R-1 and 12R-2, Block 1, in North City Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Final Plat FS-25-010, recorded in Document Number D226075571, Plat Records of Tarrant County, Texas. o li EE s �s a E;aE HIP is €6 F3€►-€1 4=f �: �,�� sE� fir• sg sc `` i a� 'r �� 1°` 3j c €a s� � �� - i��. � € � AEG a s fi I'c Ta ro "€� aseo 'fi j a to l'Fv:i s gg3'p° qq 6 ? Eir title € '&.— RI I ICI i i a� U; y V 4 6 4e jj g. 3{s_ k Mil; _ pgfij ��E dsgg 3e�eE gg,U € s 'till >egf3 $rE PIPH 4 'if fill ill FINE Wo QID LU Wn UE TEXAS LEATHER — 8725 North Freeway Page 6 of 8 Water Line Abandonment Agreement Rev. 9/2024 EXHIBIT "B" Map of Water Line as as AM-4— HllJON r Vp 'h'B.ZL_.. ,;irx ry �" '`. + •3A7d2L� ti. At O1 ' K E �,. d a+ o a ID 00 c 3 231 ' a Z c` fcoro k a c o F 4L 6 " 0 A 0 ID to Z Yam/! c , E . 1 TEXAS LEATHER — 8725 North Freeway Water Line Abandonment Agreement Z� O 0 r t � t J 0 LL1 LL 06 cn 4 L U LL LU Z L � Z I LC) W 0~0 N r F- Page 7 of 8 Rev. 9/2024 EXHIBIT "C" Depreciated Value of Water Lines 6" PVC Water Lines: 12 LF - 6" PVC Water Fire Line Plans File Number: X-25895 GIS ID # 1215163 Install Date: 11/19/2020 Net Book Value as of 9/05/2025: $ 552.41 Water Hydrant: 1 EA — Fire Hydrant Plans File Number: X-25895 GIS ID # 1211352 Install Date: 11/19/2020 Net Book Value as of 9/05/2025: $ 3,874.17 Total Net Book Value as of 9/05/2025: $ 4,426.58 (see note below) Note: The depreciated value of the Water Line is the amount of $ 4,426.58 ("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 water lines contemplated by CFA26-0040 and IPRC25-0118 plans. TEXAS LEATHER — 8725 North Freeway Page 8 of 8 Water Line Abandonment Agreement Rev. 9/2024 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Fort Worth North City LLC Subject of the Agreement: Water 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. CFA26-0040 and IPRC25-0118 *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.