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HomeMy WebLinkAbout065372 - Construction-Related - Contract - Eagle View Properties, LLCDate and Time Received. 06/ 17/2026 City Secretary No.: SEWER LINE ABANDONMENT AGREEMENT 65372 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 EAGLE VIEW PROPERTIES, LLC. ("Owner"), a Texas Limited Liability Company 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 7217 Boat Club Rd, 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-13650 (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 CFA26-0001 and IPRC25-0150 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 CFA26-0001, Developer will construct a new Sewer Lines 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 CFA26-0001 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 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 IPRC25-0150 plans to prevent infiltration into the City's adjacent active sewer system; and OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORCE MAIN 7217 BOAT CLUB RD Page 1 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 WHEREAS, the depreciated value of the Sewer Lines is the amount of $ 11,811.77 ("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 CFA26-0001 and IPRC25-0150 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 Sewer Lines as contemplated herein. 2. Abandonment of the Sewer Lines and work by Developer to abandon the Sewer Lines shall not occur until the new Sewer Lines that are the subject of the CFA26-0001 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 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 Lines are abandoned, the Developer shall have exclusive control over the Sewer Lines and shall drain, cut, and plug at the proposed manholes and remove the abandoned Sewer Lines per the IPRC25-0150 construction plans to prevent infiltration into the City's adjacent active sewer system. 5. 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. FORCE MAIN 7217 BOAT CLUB RD Page 2 of 8 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, 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. 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 CFA26-0001, Developer will construct a new Sewer Lines in an alternative location to replace the Sewer Lines that is being abandoned and reconnect any remaining customers. [Signatures Follow:] FORCE MAIN 7217 BOAT CLUB RD 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 Jesica McEachern Assistant City Manager Date: 06/16/2026 Recommended Hamer cm1.1 leer r arder (Mey 26. 2026 14:00:69 CDT) Cftristopfte Chris Harder, P.E. Water Department Director Approved As To Form and Legality . Y: Douglas Black (May 26, 2026 1307 47 CDT) Douglas W Black Sr. Assistant City Attorney as pO� fORT�! as 0�.1�0 l.g ATTEST: '�n�� A _t�$�-aann neoAsa4 By: Jannette S. Goodall City Secretary Contract Compliance Manager: Owner: EA E VIEW PROPERTIES, LLC. a e e L' ility ipany By: Name-: R4 D. Snider, DDS Title: Owner 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: Suby Varughese, P.E. Engineering Manager FORCE MAIN 7217 BOAT CLUB RD Sewer Line Abandonment Agreement OFFICIAL RECORD CITY SECRETARY Page 4 of 8 FT. WORTH, TX Rev. 9/2024 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on June 16, 2026 , 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. 16) KATRLEEN BRADFORD NotaryPublic STATE OF TEXAS Notary I.D. 12197197 My Comm. Apr. 12 2027 STATE OF TEXAS § COUNTY OF TARRANT § Notary Public in and for the State of TEXAS My commission expires: Apr! 112, 2027 This instrument was acknowledged before me on A&I —7 92026, by Ray D. Snider, DDS, Owner of EAGLE VIEW PROPERTIES, LLC. a Texas Limited Liability Company (entity type), and in the capacity therein stated. r ,>�`iiv'a�"'•., MONICA J ST JOHN (/1C.c-C.� � o a� Nobly fabric STATE OF TEXAS Notary Public in and for the 'Tate of TEXAS �yw#»z75oe-8 My commission expires: �usi' 19 , ZOZ- ..yn � After Recording Return to: City of Fort Worth — Development Services Water Section ATTN: David Pelletier 100 Fort Worth Trail Fort Worth TX, 76102 FORCE MAIN 7217 BOAT CLUB RD Page 5 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lot 6B, Block Q in The Ranch At Eagle Mountain, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Plat Records Case Number FS-07-229, recorded in Cabinet B, Slide 3475, Plat Records of Tarrant County, Texas. Ili L44 W I M � a L e FORCE MAIN 7217 BOAT CLUB RD Page 6 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT "B" Map of Sewer Lines FORCE MAIN 7217 BOAT CLUB RD Sewer Line Abandonment Agreement Page 7 of 8 Rev. 9/2024 EXHIBIT "C" Depreciated Value of Sewer Lines 12" DI Sewer Lines: 220 LF - 12" DI Sewer Main Number: M-365Ext* Plans File Number: X-13650 Asset Group: Force Main Line Asset Type: 41 GIS # 66799 Install Date: 10/09/2001 Net Book Value as of 02/16/2026: $ 11,811.77 Total Depreciated Value of the Sewer Lines as of 02/16/2026: $ 11,811.77 (see note below) Note: The depreciated value of the Sewer Lines is the amount of $ 11,811.77 ("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 CFA26-0001 and TPRC25-0150. FORCE MAIN 7217 BOAT CLUB RD Page 8 of 8 Sewer Line Abandonment Agreement Rev. 9/2024 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Eagle View Properties, LLC Subject of the Agreement: Sewer Line Abandonment Agreement M&C Approved by the Council? * Yes ❑ No 0 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 back page 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 CSO If different from the approval date. Expiration Date: none 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. CFA26-0001/IPRC25-0150 *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.