HomeMy WebLinkAbout065676 - Construction-Related - Contract - WSV 1 Investors, LLCDate and Time Received: 8/ 17/2026 City Secretary No.:
SEWER LINE ABANDONMENT AGREEMENT
65676
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
WSV 1 Investors, LLC ("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 100 N University 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 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 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, 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 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— WSV 1 Investors LLC Page 1 of 8
Sewer 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 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.
ki
Developer agrees that once the Lines are abandoned, 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, 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— WSV 1 Investors LLC Page 2 of 8
Sewer 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 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— WSV 1 Investors LLC 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
By: "
Jesica McEachern
Assistant City Manager
Date: 08/14/2026
Recommended
C6tHsto,E76tet' ttavoGer
C1,m.pher'Harder (Aug 6, 2026 12:18:45 CDT)
By:
Chris Harder, P.E.
Water Department Director
Approved As To Form and Legality
Douglas Black (Aug 6, 2026 10:31:51 CDT)
By:
Douglas W Black
Sr. Assistant City Attorney
ATTEST:
By:
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Developer: WSV I Investors LLC
By:
Name: Thomas R. Hegi
Title: Vice 120,2(o
President
Date: 49/ J`%
Jannette S. Goodall
City Secretary OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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.
By:
Suby Varughese, P.E.
Engineering Manager
Westside Village Phase 1— WSV 1 Investors LLC Page 4 of 8
Sewer Line Abandonment Agreement Rev. 9/2024
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on August 14 , 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.
---------------
SpIZ PUg JENNIFER LOUISE EZERNACK
ELECTRONIC NOTARY PUBLIC
r*r * STATE OF TEXAS
1� COMMISSION # 130561630
MY COMMISSION EXPIRES
MARCH 4, 2028
STATE OF TEXAS §
COUNTY OF TARRANT §
Jennifer Louise Digitally signed by Jennifer
Louise Ezernack
Ezernack Date: 2026.08.17 11:13:04-05'00'
Notary Public in and for the State of TEXAS
My commission expires: March 4, 2028
This instrument was acknowledged before me o , 2026, by Thomas R. Hegi,
Vice President of WSV 1 Investors, LLC and in the 4acity therein stated.
N ry Public in and for the State cWTEXAS
My commission expires: W - 2-V - 20.3
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— WSV 1 Investors LLC
Sewer Line Abandonment Agreement
<'!^.•a••. LISA ABERNAiHY
Notary Public, State of Texas
Notary ID 32MI8
,+,;.• My Commission Exp. 06-24-2030
Page 5 of 8
Rev. 9/2024
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
Lot 2R, 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.
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Westside Village Phase 1— WSV 1 Investors LLC Page 6 of 8
Sewer Line Abandonment Agreement Rev. 9/2024
EXHIBIT "B"
Map of Sewer Line
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Westside Village Phase 1— WSV 1 Investors LLC Page 7 of 8
Sewer Line Abandonment Agreement Rev. 9/2024
EXHIBIT "C"
Depreciated Value of Sewer Lines
8" Concrete Sewer Lines (Abandoned):
190 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
4' Brick Sewer Manhole (Abandoned):
1 Each — 4' Brick Sewer Manhole
Plans File Number: X-16216
GIS # 562862
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— WSV 1 Investors LLC Page 8 of 8
Sewer Line Abandonment Agreement Rev. 9/2024
FORT WORTH.
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: WSV 1 Investors, LLC
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 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. 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.