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HomeMy WebLinkAbout065675 - Construction-Related - Contract - Autobahn Realty Partners, LPDate and Time Received: 8/ 17/2026 City Secretary No.: 65675 SEWER LINE ABANDONMENT AND PRIVATIZATION AGREEMENT This SEWER LINE ABANDONMENT AND PRIVATIZATION 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 Autobahn Realty Partners, LP ("Developer"), acting by and through its duly authorized Vice President. RECITALS WHEREAS, Developer is the owner of certain real property situated in the City of Fort Worth, Tarrant County, Texas, located at 2900 Westside 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 sewer facilities known as X-16216 (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 IPRC25-0074 and CFA25-0171 which details the work to be performed by Developer to abandon, drain, cut, plug and remove a portion of the Sewer Lines and Privatize the remaining portion of the Sewer Lines as indicated in Exhibit "B" 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 and Privatize the limits of Sewer Lines indicated in Exhibit "B"; and WHEREAS, the City has reviewed the Developer's request and has determined that the Lines will serve no customers beyond the boundaries of the Property; and WHEREAS, once abandoned and privatized, the Developer shall have exclusive control over the Sewer Lines and agrees to drain, cut, plug and remove the abandoned Sewer Line per the limits shown in Exhibit "B" and in the IPRC25-0074 plans to prevent infiltration into the City's adjacent active sewer system; and WHEREAS, to avoid a gift of public funds through the abandonment and privatization of the Sewer Lines, which will not be relocated or reconstructed, Developer agrees to pay City the depreciated value of the Sewer Line in the amount of $ 0.00 ("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 Westside Village Phase 1— Autobahn Realty Partners LP Page 1 of 8 Sewer Line Abandonment and Privatization Agreement Rev. 9/2024 AGREEMENT 1. City shall and by these presents, does hereby abandon and privatize 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 and remove the abandoned 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 and privatized, the Developer shall have exclusive control over the Sewer Lines and shall drain, cut, plug and remove the abandoned Sewer Lines per the IPRC25-0074 construction plans to prevent infiltration into the City's adjacent active sewer system. 9 Except as otherwise herein provided, all construction, privatization, 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 drain, cut, plug and remove the abandoned 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. Westside Village Phase 1— Autobahn Realty Partners LP Page 2 of 8 Sewer Line Abandonment and Privatization 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 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:] Westside Village Phase 1— Autobahn Realty Partners LP Page 3 of 8 Sewer Line Abandonment and Privatization 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 Y�, ,--- Jesica McEachern Assistant City Manager Date: 08/14/2026 Recommended cG�ttarde-r By: Christopher Hard r (Aug 6, 2025 12A 7.20 CDT) Chris Harder, P.E. Water Department Director Approved As To Form and Legality By: Douglas Black (Aug 6, 2026 10:30:28 CDC Douglas W Black Sr. Assistant City Attorney liana ,g 1 FCB. *pad ATTEST: AX, A ..�� �ppa°aeIln� osQp nnaa By: Jannette S. Goodall City Secretary Contract Compliance Manager: Developer: Autobahn Realty Partners, LP, a Texas limited partnership By: Autobahn Realty Genpar, LC, a Texas limited liability company, its ge ral partner By: Name: Thomas R. Hegi Title: Vice President 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: OFFICIAL RECORD Suby Varughese, P.E. CITY SECRETARY Engineering Manager FT. WORTH, Tx Westside Village Phase 1— Autobahn Realty Partners LP Page 4 of 8 Sewer Line Abandonment and Privatization Agreement Rev. 9/2024 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on August 14 , 2026, by Jesica McEachem, the Assistant City Manager of the City of Fort Worth, a Texas home rule municipal corporation, on behalf of said home rule municipal corporation. -------------- JENNIFER LOUISE EZERNACK /? ELECTRONIC NOTARY PUBLIC / * STATE OF TEXAS COMMISSION * 130561630 MY COMMISSION EXPIRES EpF MARCH 4, 2028 STATE OF TEXAS § COUNTY OF TARRANT § Jennifer Louise Digitally signed by Jennifer Louise Ezernack Eze r n a c k Date: 2026.08.17 11:15:36-05'00' Notary Public in and for the State of TEXAS My commission expires: March 4, 2028 This instrument was acknowledged before me on �u�2fa-� y , 2026, by Thomas R. Hegi, Vice President of Autobahn Realty Genpar, LLC, a Texas limited liability company, general partner of Autobahn Realty Partners, LP, a Texas limited partnership, and in the capacity therein stated. — otary Public in and for the Stife of TEXAS My commission expires: 69• 2&—Z.0.3D After Recording Return to: City of Fort Worth — Development Services Water Section ATTN: David Pelletier 100 Fort Worth Trail Fort Worth TX, 76102 Westside Village Phase 1— Autobahn Realty Partners LP Sewer Line Abandonment and Privatization Agreement • <�P4a • L1SA ABERNATNY •�: Notary Public, State of Texas Notary ID 3220918 My Commission Exp. 06-24-2030 Page 5 of 8 Rev. 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lot 3R, Block 1-R in Bailey's Industrial Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the Final Plat FS-25-088, recorded as Document Number D226079610, Plat Records of Tarrant County, Texas. WIIF 411 ���009�99�060A��99�90��� o®aoo©oo®o�®©©©ova®aao®©oo® F� a l ean. ow �ql oiaa3u`jo��o Wa�g�4g� ij A1i139WIM'N X �n s'y0'an! i 3 I9aa�'li'v 6Y91 � NOILI�xAM3kl13'f Westside Village Phase 1— Autobahn Realty Partners LP Page 6 of 8 Sewer Line Abandonment and Privatization Agreement Rev. 9/2024 CN co i. c C, EXHIBIT 6'B)9 Map of Sewer Line 5? FYI I I 03 C\j 00 00 CI4 < TOA 313213&jQ-Q-.,ZL— -J-S — KREIMM 'Z)A S c: 0 X ID N 0 .0 CL 0 M 0 ID to 06 tN 12 W LL. 0 - LU 4- — 4 L 0 , " do 0 -J N cu >j Z 7Z. + 0 .0 F51 M-:J Q JA N. ti 7 134, 5 00 V U) 0) ID —j 0 D LU (D cu T < 0r 0- n ! 'a r4 ui 2 LU Lij A 21 - - CD 0 0 LO (D 0 0 ut, rA co 0 Z A , Yip A it ? (4 ro -04 IWO a- . . 0 0 :07F TO AZ J CL -0 tZ Alln C, tG CO u cc CO a M CM, Westside Village Phase 1 — Autobahn Realty Partners LP Page 7 of 8 Sewer Line Abandonment and Privatization Agreement Rev. 9/2024 EXHIBIT "C" Depreciated Value of Sewer Lines 8" Concrete Sewer Lines (Abandoned): 36 LF - 8" Concrete Sewer Main Number: L-14424* Plans File Number: X-16216 GIS # 562861 Install Date: 01/01/1959 Net Book Value as of 10/06/2025: $ 0.00 8" Concrete Sewer Lines (Privatized): 326 LF - 8" Concrete Sewer Main Number: L-14424* Plans File Number: X-16216 GIS # 76560 Install Date: 01/01/1959 Net Book Value as of 10/06/2025: $ 0.00 Total Net Book Value as of 10/06/2025: $ 0.00 Westside Village Phase 1— Autobahn Realty Partners LP Page 8 of 8 Sewer Line Abandonment and Privatization Agreement Rev. 9/2024 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Autobahn Realty Partners, LP Subject of the Agreement: Sewer Line Abandonment and Privatization 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 with the CSO If different from the approval date. Expiration Date: None If applicable. Is a 1295 Form required? * Yes ❑ No ED *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. IPRC25-0074 / CFA25-0171 *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.