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HomeMy WebLinkAbout065715 - Construction-Related - Contract - Fort Worth ISDDate and Time Received: 08/24/2026 City Secretary No.: 65715 SEWER LINE ABANDONMENT AGREEMENT 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 the Fort Worth Independent School District, a political subdivision of the state of Texas and a legally constituted independent school District located in Tarrant County, Texas, ("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 1501 W Seminary Dr, 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 a public sewer facility known as M-87, M-87R*, M-88, M-88R, M-88R*, L-2055 (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 a Community Facilities Agreement, CFA24- 0166, IPRC24-0012 ("CFA") which details the work to be performed by Developer to abandon, drain, cut and cap at the existing manhole and grout fill the Sewer Lines and to construct new sewer lines which will be undertaken to isolate the Sewer Lines from the City's sanitary 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 CFA24-0166, 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 CFA 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 existing manhole and grout fill the Sewer Lines per IPRC24-0012 plans to prevent infiltration into the City's adjacent active sewer system; and OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 9 Rosemont Middle School - Sewer Line Abandonment Agreement Rev. 9/2024 WHEREAS, the depreciated value of the Sewer Lines is the amount of $24,018.15 ("Depreciated Value") as set forth in Exhibit "C" attached hereto and incorporated herein for all purposes, collection of which is offset and waived to the amount of $0.00 owed to the City by Developer's construction of the alternative sewer line contemplated by the CFA. The Developer will be installing new Public 8" Sewer Lines that will be constructed under IPRC24-0012 and replacing the Existing Sewer Lines that are planned to be removed. The Existing Sewer Lines will be replaced by New Public 8" Sewer Lines, the remaining net book value of $24,018.15 is waived. Once the New Public 8" Sewer Lines are installed, they will become the City's Capital Asset.; 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 line as contemplated herein. 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 CFA 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 abandon, drain, cut and cap at the existing manhole and grout fill the Sewer Lines per the IPRC24-0012 construction plans to prevent infiltration into the City's adjacent active sewer system. Page 2 of 9 Rosemont Middle School - Sewer Line Abandonment Agreement Rev. 9/2024 5. Except as otherwise herein provided, all construction and abandonment of the Sewer Lines shall be performed in strict compliance with this Agreement and the City's Charter, policies, ordinances, and Code. 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 and cap at the existing manhole and grout fill the 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 parry 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 CFA, 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. [Signatures Follow:] Page 3 of 9 Rosemont Middle School - 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 Bv: , Jesica McEachem Assistant City Manager Date: 08/21 /2026 Recommended Cb=o�l�e� ftwyer By: Christophef Hartley (Aug 4, 2026 16 43:27 CDT) Chris Harder, P.E. Water Department Director Approved As To Form and Legality '/� By: Douglas Black (Aug 4, 2026 13:30:01 CDT) Douglas W Black Sr. Assistant City Attorney ml;, n o * tlo C! RT10 # °0 000 Pig° e-10 ATTEST: By: I � .. dd�� nE64544 Jannette S. Goodall City Secretary Contract Compliance Manager: Fort Worth Independent School District B Nam4KIlietpe*ncer Title: Deputy Superintendent of Operations Date: 8/03/2026 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. s� u Pam' By: Suby Varughese, P.E. Engineering Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 4 of 9 Rosemont Middle School - Sewer Line Abandonment Agreement Rev. 9/2024 STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on August 21 , 2026, by Jesica McEachern, Assistant City Manager of the City of Fort Worth, a Texas home rule municipal corporation, on behalf of said home rule municipal corporation. o,IPItY Py�,� JENNIFER LOUISE EZERNACK 2P ELECTRONIC NOTARY PUBLIC * * STATE OF TEXAS COMMISSION t 130561630 MY COMMISSION EXPIRES MARCH 4, 2028 I STATE OF TEXAS COUNTY OF TARRANT § Jennifer Louise Digitally signed by Jennifer Louise Ezernack Eze r n a c k Date: 2026.08.2412:04:24-05'00' Notary Public in and for the State of TEXAS My commission expires: March 4, 2026 This instrument was acknowledged before me on August 3 , 2026, by Kellie Spencer, a Deputy Superintendent of Operations for the Fort Worth Independent School District. E LFnC{A LAING ARRIAGAMY COMMISSION EXPIRESOGT06ER 20, 2027 ota Public in and for the St t of TEXAS'` NOTARY ID:124719386 My commission expires: October 27,2027 After Recording Return to: City of Fort Worth — Development Services Water Section ATTN: David Pelletier 100 Fort Worth Trail Fort Worth TX, 76102 Page 5 of 9 Rosemont Middle School - Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT "A" LEGAL DESCRIPTION OF THE PROPERTY Lot 1R, Block 1, Rosemont Middle School Site, an addition to the City of Fort Worth, Tarrant County, Texas, according to plat recorded as Instrument Number D210262134, Plat Records of Tarrant County, Texas. Page 6 of 9 Rosemont Middle School - Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT "B" Map of Sewer Line -rali3 9 � , - b ic�r9 a w 3i32dJN. CJ 3 UO N d � CdJ N (� 'O ' � s E � 3 r�'�.N NNN-,. U'M d d d:.�d N L4£ ' I f w aI . J N N M"r~� Z£ cN i N N N N N / J ti 7 V l t fIl U O �n➢�ran� Otr� zL - U ,T r• :�nd��1 6 �,• ,„� (n zm Hl� _ 5'- U > ➢ZL „ZL k = Qj +O' (D O - *. CO p - 1 N_zo U Jnd 0. () 3: Q (D (D 'Lul '11 0 t, r 0.n.d ii �1 ioV N .O..n'd,.a-SS '.E-SS J,���Ad Wf IZb,L v. a a9rrfv 5Zi? J r "'rs a� 6Ztr4 V `CO N N a N ££v�. so- .-. U" co o r Wt L£b l a 06 J O a LUV6 �.f Ln �L sga£�tr6 '( I. U N n ai p a� 6056 O as a r.-. m f r w cr ff vI O N CD z i J u U m N a. > - ar ti a," ..�. 0, — O CO < A— TOA r} '.r 'n U�_9 r➢.._., a-ss, o am -4 CD_a _ 3 L CO d O a, N m M o co CA �f %T. tl W ^_w ? o co r cv tj G c _ LGL6 z � �Ll a J80L1 �j a�d'ao-➢.,sss �n sss Gy - t'J i0 t 04 N S L7 y�ff1 Y. a3, L6LLLb o� tir v Y Rosemont Middle School - Sewer Line Abandonment Agreement J Q) O S� O a -' 2 L (rj rr(�D Vl W L J © p Z ©_�� 20 V/ W Lo QyT �j NX 0L w Page 7 of 9 Rev. 9/2024 EXHIBIT "C" Depreciated Value of Sewer Lines 8" PVC Sewer Lines and 4' Manholes: 188 LF - 8" PVC Sewer Main Number: M-88R* Plans File Number: X-21832 GIS # 83523 Install Date: September 9, 2010 Net Book Value as of December 26, 2024: $6,158.07 8" PVC Sewer Lines and 4' Manholes: 326 LF - 8" PVC Sewer Main Number: M-88R Plans File Number: X-19581 200 LF - GIS # 81255 126 LF - GIS # 84117 Install Date: August 11, 2006 Net Book Value as of December 26, 2024: $5,140.00 8" PVC Sewer Lines and 4' Manholes: 602 LF - 8" PVC Sewer Main Number: M-87R* Plans File Number: X-16627 525 LF - GIS # 117507 77 LF - GIS # 78978 Install Date: July 15, 1999 Net Book Value as of December 26, 2024: $12,720.08 8" DI Sewer Lines and 4' Manholes: 98 LF - 8" DI Sewer Main Number: M-87 Plans File Number: X-12868 GIS # 117611 Install Date: July 31, 1926 Net Book Value as of December 26, 2024: $0.00 6" VC Sewer Lines and 4' Manholes: 195 LF 6" VC Sewer Main Number: M-88 Plans File Number: X-16463 GIS # 84093 Install Date: August 9, 1926 Net Book Value as of December 26, 2024: $0.00 Page 8 of 9 Rosemont Middle School - Sewer Line Abandonment Agreement Rev. 9/2024 EXHIBIT "C" Depreciated Value of Sewer Lines (Cont.) 6" Concrete Sewer Lines and 4' Manholes: 258 LF - 6" Concrete Sewer Main Number: L-2055 Plans File Number: X-02055 GIS # 82559 Install Date: August 7, 1928 Net Book Value as of 7/28/2026: $0.00 Total Net Book Value as of 7/28/2026: $24,018.15 (See Note below) Note: The depreciated value of the Sewer Lines indicated above, have a net book value in the amount of $24,018.15 ("Depreciated Value") as set forth above, collection of which is offset and waived to the amount of $0.00 owed to the City by Developer's construction of the alternative sewer line contemplated by the CFA. The Developer will be installing new Public 8" Sewer Lines that will be constructed under IPRC24-0012 and replacing the Existing Sewer Lines that are planned to be removed. The Existing Sewer Lines will be replaced by New Public 8" Sewer Lines, the remaining net book value of $24,018.15 is waived. Once the New Public 8" Sewer Lines are installed, they will become the City's Capital Asset. Page 9 of 9 Rosemont Middle School - Sewer Line Abandonment Agreement Rev. 9/2024 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Fort Worth Independent School District 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. CFA24-0166 / IPRC24-0012 *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.