HomeMy WebLinkAboutContract 40731 CITY SECRETARY
CONTRACT NO.
NATURAL GAS PIPELINE LICENSE AGREEMENT
This PIPELINE LICENSE AGREEMENT ("Agreement") is hereby made and
entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal
corporation organized under the laws of the State of Texas and acting by and through Fernando
Costa its duly authorized Assistant City Manager, and Cowtown Pipeline Partners, L.P.,
("Company"), a Texas limited partnership, acting by and through Don Cotten, Right-of-Way
Manager and as Attorney-in-Fact.
The following statements are true and correct and constitute the basis upon which the
City of Fort Worth has executed Agreement.
A. Cowtown Pipeline Partners, L.P., a Texas limited partnership ("Company"),
wishes to construct a twenty inch (20") nominal diameter pipeline for an approximate total
distance of 2812.73 feet within a fifteen (15') foot width right of way corridor for the
transportation of natural gas through the portion of property described in Exhibits "A" and `B",
hereinafter referred to as "City Property". For initial construction, a temporary construction
workspace as described in Exhibits "A" and `B" is also granted as part of this agreement.
Because Company is not a public utility, as that term is used in the City Charter and City Code,
and because Company will not be providing services to end user customers in the City, Company
is not required to obtain a franchise from the City, but is required to obtain the City's consent
pursuant to a license agreement that sets forth the terms and conditions under which Company
may use the City Property.
B. The City has reviewed Company's request and agrees to grant Company a license
to use a portion of the surface and subsurface of the City Property as described in Section 6.3 and
as further set out in Exhibits "A" and "B" in order to construct, operate and maintain a pipeline,
on the terms and conditions set forth herein, solely for the transportation of gas and solely in
accordance with the terms and conditions of this Agreement.
Agreement
1. DEFINITIONS.
Capitalized terms used in this Agreement and not otherwise defined within this
Agreement shall have the following meanings:
Affiliate shall mean any individual, partnership, association,joint stock company, limited
liability company, trust, corporation, or other person or entity who owns or controls, or is
owned or controlled by, or is under common ownership or coi xidh�-the, — 4y i
question. OFFICIAL RECORD
CITY SECRETARY
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08-?, -39 11,
Agreement shall mean the authorization issued to Company hereunder to use a portion of
the City Property in the location as set out in Exhibits "A" and "B" for (i) the
construction, installation, maintenance and repair of Company's Pipeline; (ii) the use of
such Pipeline for the transportation of Gas; and (iii) any other directly related uses of the
City Property, pursuant to and in accordance with this Agreement.
City Facility shall mean all incidental underground and aboveground attachments,
equipment and appurtenances, including, but not limited to manholes, manhole vents,
lateral line connections, valves, pipelines,junction boxes, fire hydrants, meter vaults, lift
stations in,upon, under and across a portion of the City Property.
City Property shall mean that property as limited to and described in Exhibits "A" and
«B»
Commission shall mean the Railroad Commission of the State of Texas or other
authority succeeding to the regulatory powers of the Commission.
Customer shall mean any Person located, in whole or in part, within the City.
Director shall mean the Director of the City's Planning and Development Department or
authorized representative.
Gas shall mean gaseous fuels, such as natural gas, artificial gas, synthetic gas, liquefied
natural gas, manufactured gas, or any mixture thereof.
Person shall mean, without limitation, an individual, a corporation, a limited liability
company, a general or limited partnership, a sole proprietorship, a joint venture, a
business trust or any other form or business entity or association.
Pipeline shall mean that certain twenty (20") inch nominal diameter steel pipeline for an
approximate total distance of 2812.73 total feet and other facility locations as approved
by the Director that are installed by Company in the City Property in accordance with this
Agreement and pursuant to the rules and regulations as promulgated by the U.S.
Department of Transportation, Office of Pipeline Safety, as set out in the Code of Federal
Regulations, Section 192 as adopted and modified by the Texas Railroad Commission.
2. GRANT OF RIGHTS.
2.1. General Use of The City Property for Provision of Gas.
Subject to the terms and conditions set forth in this Agreement and the City
Charter and ordinances, the City hereby grants Company a license to (i) erect, construct,
install and maintain the Pipeline consisting in, over, under, along and across the City
Property at a depth of no less than 36" and (ii) transport Gas through the portions of its
Pipeline in, over, under, along and across City Property as depicted in Exhibits "A" and
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"B". Company hereby acknowledges and agrees that this Agreement allows only the
transportation of Gas through the City and does not allow Company to distribute, sell or
otherwise provide Gas to any Customer.
2.2. Nonexclusive.
This Agreement and all rights granted to Company herein are strictly
nonexclusive. The City reserves the right to enter into and grant other and future licenses
and other authorizations for use of the City Property to other Persons and entities in
accordance with applicable law and as the City deems appropriate; provided, however,
that as to the grant of subsequent licenses for use of the City Property that is solely within
the discretion of the City, if a dispute arises as to priority of the use of the City Property,
the City will resolve such dispute in a manner that does not result in unreasonable
interference with Company's operation of the Pipeline for the purposes provided for
herein. This Agreement does not establish any priority for the use of the City Property by
Company or by any present or future licensees or other permit holders. In the event of
any dispute as to the priority of use of the City Property, the first priority shall be to the
public generally, the second priority to the City in the performance of its various
functions, and thereafter, as between licensees and other permit holders, as determined by
the City in the exercise of its powers, including the police power and other powers
reserved to and conferred on it by the State of Texas.
2.3. Other Permits.
This Agreement does not relieve Company of any obligation to obtain permits,
licenses and other approvals from the City or other regulatory agency necessary for the
construction, installation, maintenance or repair of Company's Pipeline or the
transportation of Gas through such Pipeline.
2.4. Bonds.
Prior to the commencement of any construction work in the City Property, that
requires a cut, opening or other excavation, Company shall deliver to the City bonds
executed by a corporate surety authorized to do business in the State of Texas and
acceptable to the City in the proportional amount of the cost of work under the
construction contract or construction project that will be performed in the City Property.
The bonds shall guarantee (i) satisfactory compliance by Company with all requirements,
terms and conditions of this Agreement and (ii) full payments to all persons, firms,
corporations or other entities with whom Company has a direct relationship for the
performance of such construction, maintenance or repairs.
If any such construction, maintenance and repair work is undertaken by a
contractor of Company, Company shall also require such contractor to deliver to
Company bonds executed by a corporate surety authorized to do business in the State of
Texas and acceptable to the City in the proportional amount of the cost of work under the
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construction contract or construction project that will be performed by the contractor in
the City Property. The bonds shall guarantee (i) the faithful performance and completion
of all construction, maintenance or repair work in accordance with the contract between
Company and the contractor and (ii) full payment for all wages for labor and services and
of all bills for materials, supplies and equipment used in the performance of that contract.
Such bonds shall name both the City and Company as dual obligees.
3. TERM
This Agreement shall become effective on the date as of which both parties have
executed it ("Effective Date") and shall expire at 11:59 P.M. CST twenty(20) years from the
last date of notarial acknowledgement unless terminated earlier as provided herein.
4. FEES AND PAYMENTS TO CITY.
4.1. License Use Fee.
On or prior to the Effective Date, Company shall pay the City as compensation
for its use of the City Property for the Term of this Agreement the sum of one hundred
thirty-one thousand, four hundred ninety-five dollars and thirteen cents ($131,495.13)
("License Fee"). Company hereby acknowledges and agrees that the amount of this
License Fee is non-refundable and constitutes just and reasonable compensation to the
City for Company's use of the City Property.
4.2. Other Payments.
In addition to the License Fee, Company shall pay the City all sums which may be
due the City for property taxes, license fees, permit fees, or other taxes, charges or fees
that the City may from time to time impose on all other similarly situated entities within
the City.
4.3. Interest.
All sums not paid when due shall bear interest at the rate of ten percent (10%) per
annum or the maximum amount allowed by law, whichever is less, computed monthly. If
such outstanding sums are paid with interest within thirty (30) days following their
respective due dates, Company's failure to pay such sums by their respective due dates
shall not, in and of itself, constitute an Event of Default under Section 9 of this
Agreement.
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5. REGULATORY AUTHORITY OF THE CITY.
Company's property and operations hereunder shall be subject to such regulation by the
City as may be reasonably necessary for the protection or benefit of the general public. In this
connection, Company shall be subject to, governed by and shall comply with all applicable
federal, state and local laws, including all ordinances, rules and regulations of the City, as same
may be adopted and amended from time to time.
6. USE OF THE CITY PROPERTY.
6.1. Compliance with Laws, Ordinances, Rules and Regulations.
The City has the right to control and regulate the use of the City Property and
other Public Rights of Way, public places and other City-owned property and the spaces
above and beneath them. Company shall comply with all applicable laws, ordinances,
rules and regulations, including, but not limited to, City ordinances, rules and policies
related to construction permits, construction bonds, permissible hours of construction,
operations during peak traffic hours, barricading requirements and any other construction
rules or regulations that may be promulgated from time to time.
6.2. No Undue Burden.
The Pipeline shall not be erected, installed, constructed, repaired, replaced or
maintained in any manner that places an undue burden on the present or future use of the
City Property by the City and the public. If the City reasonably determines that the
Pipeline does place an undue burden on any portion of the City Property, Company, at
Company's sole cost and expense and within a reasonable time period specified by the
City, shall modify the Pipeline or take other actions determined by the City to be in the
public interest to remove or alleviate the burden.
6.3. Minimal Interference.
Prior to the undertaking of any kind of construction, installation, maintenance,
repairs or other work that requires the excavation, lane closure or other physical use of
the City Property, Company shall, except for work required to address an emergency,
provide at least twenty-four (24) hours' advance written notice to the City and the owners
of property adjacent to the City Property that will be affected. In the case of emergencies
Company shall provide notice to the affected landowners within twenty-four (24) hours
after commencement of work. In addition, during any such work, Company shall provide
construction and maintenance signs and sufficient barricades at work sites to protect the
public. The use of traffic control devices shall be consistent with the standards and
provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices.
Company shall utilize appropriate warning lights at all construction and maintenance
sites where one or more traffic lanes are closed or obstructed during nighttime conditions.
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Company will take all reasonable planning to minimize harm to the City Property
and shall comply with conditions as set forth below:
6.3.1. All construction activities will occur outside of any landfill cap area and
performed in such a way that would be protective of the landfill area.
6.3.2 Construction within the City Property shall be performed in such a way
that would prevent the migration of any fugitive landfill emissions along the utility
corridor constructed in the City Property.
6.3.3 If during the course of construction landfill material or contaminated
material is encountered Company shall notify the City of Fort Worth, Environmental
manager or Environmental Management Department no later than one (1) business day
after discovery. The Company will be held responsible for disposing all materials as
required Federal, State and Local regulation in an appropriately permitted landfill or
waste disposal system.
6.3.4 Company shall have right from time to time to cut undergrowth and other
obstruction on City Property. Company shall also have the ability to remove any trees in
the City Property tract with the written approval of the City.
6.3.5 Company shall have the right to open trench as shown in Exhibits "A" and
«B»
6.3.6 Appropriate erosion control measures must be implemented during
construction.
6.3.7 Company shall not have the right to place permanent above ground facilities
on City Property.
6.4. "As-Built" Plans and Mans.
Company, at Company's sole cost and expense, shall provide the City with as-
built plans of all portions of the Pipeline located in the City and the City's extraterritorial
jurisdiction and maps showing such Pipeline within ninety (90) calendar days following
the completion of such Pipeline. Company shall supply the textual documentation of
such as-built plans and maps in computer format as requested in writing by the City and
shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately
reflected in the City's mapping system.
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6.5 Specifications of the Pipeline
The Company shall erect, install, construct, repair, replace and maintain the
Pipeline and pursuant to the rules and regulations promulgated by the U.S. Department of
Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations
Title 49, Part 192, as adopted and modified by the Texas Railroad Commission. The
Pipeline shall not exceed a twenty (20") inch nominal diameter, be placed at a depth of
no less than 36 inches throughout the entire length of the City Property, however, if the
Pipeline within City Property will be crossing any existing City Facility, the Pipeline
must cross the City Facility at a not less than a 70 degree angle and be buried at a
minimum of 60 inches below the bottom of the lowest City Facility. Notwithstanding the
foregoing statements, should Company require varying from the above requirements,
such variance shall require City evaluation of the respective variance to depth or
proposed angle of crossing to determine the practicability of such request. Furthermore,
if the Pipeline within the City Property crosses a 16-inch or greater water or sanitary
sewer facility, an emergency response plan must be included. The emergency response
plan shall be submitted to the City of Fort Worth Water Department prior to the
commencement of the installation of the Pipeline and shall establish written procedures
subject to the approval of the City of Fort Worth Water Department to minimize any
hazard resulting to any City Facility.
6.6 Marking of Pipeline.
The Pipeline shall be marked, in a manner that is acceptable to the Director and in
compliance with Federal Regulations, to show conspicuously Company's name and a
toll-free telephone number of Company that a Person may call for assistance.
6.7. Surface Excavation.
The City shall have the right to coordinate all excavation work in the City
Property in a manner that is consistent with and convenient for the implementation of the
City's program for property management in order to preserve the integrity of the City
Property.
6.8. Relocation of Pipeline.
Within forty-five (45) calendar days following a written request by the City,
Company, at Company's sole cost and expense, shall protect, support, disconnect or
relocate to another portion of the City Property all or any portion of its Pipeline due to
street or other public excavation, construction, repair, grading, regrading or traffic
conditions; the installation of sewers, drains, water pipes or municipally-owned facilities
of any kind; the vacation, construction or relocation of streets or any other type of
structure or improvement of a public agency; any public work; or any other type of
improvement necessary, in the City's sole discretion, for the public health, safety or
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welfare. If Company reasonably requires more than forty-five (45) days to comply with
the City's written request, it shall notify the director of the City's Planning and
Development Department in writing and the City will work in good faith with Company
to negotiate a workable time frame.
6.9 Restoration of the City Property, Public Rights-of-Way and Public/Private
Proper
Company, at Company's sole cost and expense, and in a manner approved by the
City, shall promptly restore any portion of the City Property, Public Rights of Way, other
City-owned property or other privately-owned property that are in any way disturbed or
damaged by the construction, operation, maintenance or removal of any of the Pipeline
to, at Company's option, as good or better a condition as such property was in
immediately prior to the disturbance or damage. Company shall diligently commence
such restoration within thirty (30) calendar days following the date that Company first
became aware of the disturbance or damage or, if the Pipeline is being removed, within
thirty(30) calendar days following such removal.
6.10. Emergencies.
6.10.1. Work by the City.
For purposes of this Section 6.10.1, a public emergency shall be any
condition which, in the opinion of the officials specified herein, poses an
immediate threat to life, health or property and is caused by any natural or man-
made disaster, including, but not limited to, storms, floods, fires, accidents,
explosion, water main breaks and hazardous materials spills. In the event of a
public emergency, the City shall have the right to take whatever action is deemed
appropriate by the City Manager, Mayor, Police Chief or Fire Chief, or their
authorized representatives, including, but not limited to, action that may result in
damage to the Pipeline, and Company hereby (i) releases the City, its officers,
agents, servants, employees and subcontractors from liability or responsibility for
any Damages, as defined in Section 7.1, that may occur to the Pipeline or that
Company may otherwise incur as a result of such a response, and (ii) agrees that
Company, at Company's sole cost and expense, shall be responsible for the repair,
relocation or reconstruction of all or any of its Pipeline that is affected by such
action of the City. In responding to a public emergency, the City agrees to
comply with all local, state and federal laws, including any requirements to notify
the Texas One Call System, to the extent that they apply at the time and under the
circumstances. In addition, if the City takes any action that it believes will affect
the Pipeline, the City will notify Company as soon as practicable so that Company
may advise and work with the City with respect to such action.
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6.10.2. Work by or on Behalf of Company.
In the event of an emergency directly that involves that portion of the
Pipeline located in the City Property and necessitates immediate emergency
response work on or repairs, Company may initiate the emergency response work
or repairs or take any action required under the circumstances provided that
Company notifies the City as promptly as possible.
6.11. Removal of Pipeline.
Upon the revocation, termination or expiration without extension or renewal of
this Agreement, Company's right to use the City Property under this Agreement shall
cease and Company shall immediately discontinue the transportation of Gas in or through
the City. Within six (6) months following such revocation, termination or expiration and
if the City requests, Company, at Company's sole cost and expense, shall remove the
Pipeline from the City Property (or cap the Pipeline, if consented to by the City), in
accordance with applicable laws and regulations. If Company has not removed all of the
Pipeline from the City Property, (or capped the Pipeline, if consented to by the City)
within six (6) months following revocation, termination or expiration of this Agreement,
the City may deem any portion of the Pipeline remaining in the City Property abandoned
and, at the City's sole option, (i) take possession of and title to such property or (ii) take
any and all legal action necessary to compel Company to remove such property;
provided, however, that Company may not abandon its facilities or discontinue its
services within the City without the approval of the Commission or successor agency or
any other regulatory authority with such jurisdiction.
Within six (6) months following revocation, termination or expiration of this
Agreement and in accordance with Section 6.9 of this Agreement, Company shall also
restore any property, public or private, that is disturbed or damaged by removal (or, if
consented to by the City, capping) of the Pipeline. If Company has not restored all such
property within this time, the City, at the City's sole option, may perform or have
performed any necessary restoration work, in which case Company shall immediately
reimburse the City for any and all costs incurred in performing or having performed such
restoration work.
7. LIABILITY AND INDEMNIFICATION.
7.1. Liability of Company.
Company shall be liable and responsible for any and all damages, losses,
liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands,
defenses,judgments, lawsuits, proceedings, costs, disbursements or expenses (including,
without limitation, fees, disbursements and reasonable expenses of attorneys, accountants
and other professional advisors and of expert witnesses and costs of investigation and
preparation) of any kind or nature whatsoever (collectively "Damages"), which may
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arise out of or be in any way connected with (i) the construction, installation, operation,
maintenance or condition of the Pipeline or any related facilities or appurtenances; (ii) the
transportation of Gas through the Pipeline; (iii) any claim or lien arising out of work,
labor, materials or supplies provided or supplied to Company, its contractors or
subcontractors; or (iv) Company's failure to comply with any federal, state or local law,
ordinance, rule or regulation, except to the extent directly caused by the negligent or
grossly negligent act(s) or omission(s) or intentional misconduct of the City.
COMPANY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY
FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF
ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH ITS USE OF THE PREMISES UNDER THIS AGREEMENT
OR WITH THE USE, MAINTENANCE, OCCUPANCY, EXISTENCE OR
LOCATION OF THE PREMISES, EXCEPT TO THE EXTENT CAUSED SOLELY
BY THE NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY.
7.2 Indemnification.
COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SHALL
INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS,
COMMISSIONS, AGENTS, EMPLOYEES AND VOLUNTEERS
("INDEMNITEES"), FROM AND AGAINST ANY AND ALL DAMAGES WHICH
MAY ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH (I) THE
CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE OR
CONDITION OF THE PIPELINE OR ANY RELATED FACILITIES OR
APPURTENANCES, (II) THE TRANSPORTATION OF GAS THROUGH THE
PIPELINE, (III) ANY CLAIM OR LIEN ARISING OUT OF WORK, LABOR,
MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO COMPANY, ITS
CONTRACTORS OR SUBCONTRACTORS, OR (Iii COMPANY'S FAILURE TO
COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE
OR REGULATION, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY THE
NEGLIGENT A CT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF
THE CITY.
7.3 Assumption of Risk and Environmental Remediation.
COMPANY HEREBY REPRESENTS TO THE CITY THAT (i) COMPANY
HAS FULLY INSPECTED THE PREMISES, (ii) COMPANY IS SATISFIED WITH
THE CONDITION OF THE PREMISES; AND (iii) COMPANY HAS BEEN FULLY
ADVISED OF ITS OWN RIGHTS WITHOUT RELIANCE UPON ANY
REPRESENTATION MADE BY THE CITY, ITS OFFICERS, AGENTS,
SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
COMMISSIONS, BOARDS OR VOLUNTEERS. COMPANY HEREBY
UNDERTAKES AND ASSUMES, FOR AND ON BEHALF OF COMPANY, ITS
OFFICERS, AGENTS, CONTRACTORS, SUBCONTRACTORS AND EMPLOYEES,
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ALL RISK OF DANGEROUS CONDITIONS, IF ANY, ON OR ABOUT THE
PREMISES.
ALTHOUGH, TO THE BEST OF THE CITY'S KNOWLEDGE, THE
PREMISES COMPLY WITH ALL APPLICABLE FEDERAL, STATE AND
LOCAL ENVIRONMENTAL LAWS AND REGULATIONS (COLLECTIVELY
"ENVIRONMENTAL LAWS'), THE CITY DOES NOT WARRANT SUCH.
COMPANY HEREBY COVENANTS AND AGREES THAT COMPANY,AT ITS SOLE
COST AND EXPENSE, SHALL BE FULLY RESPONSIBLE FOR THE VIOLATION
OF ANY ENVIRONMENTAL LAWS CAUSED, IN WHOLE OR IN PART, BY
COMPANY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS OR INVITEES, AND ANY REMEDIATION
THAT MAY BE REQUIRED AS A RESULT OF SUCH VIOLATION, EXCEPT TO
THE EXTENT CA USED BY THE CITY.
7.4. Defense of Indemnitees.
In the event any action, lawsuit or other proceeding is brought against any
Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder,
the City shall give Company prompt written notice of the making of any claim or
commencement of any such action, lawsuit or other proceeding, and Company, at
Company's sole cost and expense, shall resist and defend the same with reasonable
participation by the City and with legal counsel selected by Company and specifically
approved by the City. In such an event, Company shall not admit liability in any matter
on behalf of any Indemnitee without the advance written consent of the City.
8. INSURANCE.
Company shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance to provide coverages as specified herein, naming the City as an
additional insured and covering all public risks related to the use, occupancy, condition,
maintenance, existence or location of the City Property and the construction, installation,
operation, maintenance or condition of the Pipeline, including the transportation of Gas
through the Pipeline. The insurance required hereunder may be met by a combination of
self-insurance, primary and excess policies.
8.1. Primary Liability Insurance Coverage.
• Commercial General Liability:
$1,000,000 per occurrence, including coverage for the following: (i) Premises
Liability; (ii) independent contractors; (iii) products/completed operations; (iv)
personal injury; (v) contractual liability; (vi) explosion, collapse and
underground property damage.
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• Property Damage Liability:
$10,000,000 per occurrence
• Automobile Liability:
$1,000,000 per accident,including,but not limited to, all owned, leased,hired or
non-owned motor vehicles used in conjunction with the rights granted under this
Agreement
• Worker's Compensation:
As required by law; and,Employer's Liability as follows:
$1,000,000 per accident.
8.2. Revisions to Required Coverage.
At the reasonable recommendation of the City's Risk Manager, the City may at any
time revise insurance coverage requirements and limits required by this Agreement.
Company agrees that within thirty (30) days of receipt of written notice from the City,
Company will implement all such revisions requested by the City. The policy or policies of
insurance shall be endorsed to provide that no material changes in coverage, including, but
not limited to, cancellation, termination, non-renewal or amendment, shall be made without
thirty(30) days' prior written notice to the City.
8.3. Underwriters and Certificates.
Company shall procure and maintain its insurance with underwriters authorized to
do business in the State of Texas and who are acceptable to the City in terms of solvency
and financial strength. Within thirty (30) days following adoption of this Agreement by the
City Council, Company shall furnish the City with certificates of insurance signed by the
respective companies as proof that it has obtained the types and amounts of insurance
coverage required herein. In addition, Company shall, on demand, provide the City with
evidence that it has maintained such coverage in full force and effect.
8.4. Deductibles.
Deductible or self-insured retention limits on any line of coverage required herein
shall not exceed $1,000,000 in the annual aggregate unless the limit per occurrence, or per
line of coverage, or aggregate is otherwise approved by the City.
8.5. No Limitation of Liability.
The insurance requirements set forth in this Section 8 and any recovery by the City
of any sum by reason of any insurance policy required under this Agreement shall in no way
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be construed or effected to limit or in any way affect Company's liability to the City or other
persons as provided by this Agreement or law.
9. DEFAULTS.
The occurrence at any time during the term of this Agreement of one or more of the
following events shall constitute an "Event of Default" under this Agreement:
9.1. Failure to Pay License Fee.
An Event of Default shall occur if Company fails to pay any License Fee on or
before the respective due date.
9.2. Breach.
An Event of Default shall occur if Company materially breaches or violates any
of the terms, covenants, representations or warranties set forth in this Agreement or fails
to perform any obligation required by this Agreement.
9.3. Bankruptcy,Insolvency or Receivership.
An Event of Default shall occur if Company (i) files a voluntary petition in
bankruptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any
petition filed against it seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief for itself under any laws relating to
bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in
the appointment of any trustee, receiver, master, custodian or liquidator of Company, any
of Company's property or any revenues, issues, earnings or profits thereof, (v) makes an
assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as
they become due.
9.4. Violations of the Law.
An Event of Default shall occur if Company violates any existing or future federal,
state or local laws or any existing or future ordinances,rules and regulations of the City.
9.5. Failure to Complete Construction
An Event of Default shall occur if Company fails to complete construction of the
pipeline within one (1) calendar year from the execution of this agreement.
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10. UNCURED DEFAULTS AND REMEDIES.
10.1. Notice of Default and Opportunity to Cure.
If an Event of Default occurs on account of Company's failure to pay the License
Fee in accordance with Section 9.1 or failure to complete construction of the Pipeline in
accordance with Section 9.5, such Event of Default shall be deemed an Uncured Default
and the City shall have the right to terminate this Agreement immediately upon provision
of written notice to Company. If an Event of Default occurs for a reason other than for
failure to pay the License Fee, the City shall provide Company with written notice and
shall give Company the opportunity to cure such Event of Default. For an Event of
Default which can be cured by the immediate payment of money to the City, Company
shall have thirty (30) days from the date it receives written notice from the City to cure
the Event of Default. For any other Event of Default, Company shall have sixty (60)
days from the date it receives written notice from the City to cure the Event of Default. If
any Event of Default is not cured within the time period specified herein, such Event of
Default shall, without further notice from the City, become an "Uncured Default" and
the City immediately may exercise the remedies provided in Section 10.2.
10.2. Remedies for Uncured Defaults.
Upon the occurrence of an Uncured Default, the City shall be entitled to exercise,
at the same time or at different times, any of the following remedies, all of which shall be
cumulative of and without limitation to any other rights or remedies the City may have:
10.2.1. Termination of Agreement.
Upon the occurrence of an Uncured Default, the City may terminate this
Agreement. Upon such termination, Company shall forfeit all rights granted to it
under this Agreement, and, except as to Company's unperformed obligations and
existing liabilities as of the date of termination, this Agreement shall
automatically be deemed null and void and shall have no further force or effect.
Company shall remain obligated to pay and the City shall retain the right to
receive License Fees and any other payments due up to the date of termination.
Company shall remove the Pipeline from and restore the City Property as and
when requested by the City. The City's right to terminate this Agreement under
this Section 10.2.1 does not and shall not be construed to constitute any kind of
limitation on the City's right to terminate this Agreement for other reasons as
provided by and in accordance with this Agreement; provided, however, that
Company may not abandon the Pipeline without the approval of the Commission
or successor agency or other regulatory authority with jurisdiction, if such action
without such approval is prohibited at the time by applicable federal or state law
or regulation.
Alliance West to Brewer-Westport-Gas
Page 14 of 19
10.2.2. Legal Action Against Company.
Upon the occurrence of an Uncured Default, the City may commence
against Company an action at law for monetary damages or in equity, for
injunctive relief or specific performance of any of the provisions of this
Agreement which, as a matter of equity, are specifically enforceable.
11. PROVISION OF INFORMATION.
11.1. Filings with the Commission.
Company shall provide upon request copies to the City of all documents which
Company files with or sends to the Commission concerning or related to its
transportation of Gas through or other operations in the City, including, but not limited
to, filings related to (i) tariffs; (ii) rules, regulations and policies requested, under
consideration or approved by the Commission; and (iii) applications and any supporting
pre-filed testimony and exhibits filed by Company or third parties on behalf of Company,
on the same date as such filings are made with the Commission. In addition, Company
shall provide the City upon request with copies of records, documents and other filings
that Company is required to maintain or supply to the Commission under any applicable
state or federal law, rule or regulation concerning or related to its transportation of Gas
through or other operations in the City.
11.2. Lawsuits.
Company shall provide the City with copies of all pleadings in all lawsuits to
which Company is a party and that pertain to the granting of this Agreement and/or the
transportation of Gas through the City within thirty (30) days of Company's receipt of
same.
12. COMPANY AS INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Company shall operate as an independent
contractor as to all rights and privileges granted by this Agreement, and not as an agent,
representative or employee of the City. Company shall have the exclusive right to control the
details of its business and other operations necessary or appurtenant to the transportation of Gas in
accordance with the terms and conditions of this Agreement, and shall be solely responsible for the
acts and omissions of its officers, agents, servants, employees, contractors and subcontractors.
Company acknowledges that the doctrine of respondeat superior shall not apply as between the
City and Company, its officers, agents, employees, contractors and subcontractors. Company
further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between the City and Company.
Alliance West to Brewer-Westport-Gas
Page 15 of 19
13. ASSIGNMENT PROHIBITED.
Company may not assign or otherwise transfer any of its rights or obligations under this
Agreement unless specifically authorized in writing by the City, which authorization shall not be
unreasonably withheld; provided, however, that Company may make such an assignment of its
rights to an affiliated company without the consent of City, provided, that upon such assignment,
Company shall notify City within sixty (60) days of said assignment. An `affiliated company'
shall mean any parent, subsidiary or sister company or other legal entity that controls, is controlled
by, or is under common control with Company. For purposes of this clause, `control' means direct
or indirect ownership of fifty percent (50%) or more of the voting rights of the subject entity.
Notwithstanding such an assignment to an affiliated company, Company shall remain liable to City
for any failure to perform hereunder by the affiliated assignee, and this provision shall thereafter be
applicable to Company and such affiliated assignee.
14. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (i)hand-delivered to the other party, its agents, employees,
servants or representatives, or (ii) received by the other party by United States Mail, postage
prepaid,return receipt requested, addressed as follows:
To THE CITY: To COMPANY:
City of Fort Worth Cowtown Pipeline Partners L.P.
Jean Petr, Gas Lease Program Manager Jeff Cook, Executive V.P.
1000 Throckmorton 777 West Rosedale Street
Fort Worth, TX 76102 Fort Worth, TX 76104
with a copy to: with a copy to:
City of Fort Worth Quicksilver Resources Inc.
Department of Law Regulatory Affairs Department
Attn: Attorney for Real Property 777 West Rosedale Street
1000 Throckmorton Fort Worth, TX 76104
Fort Worth, TX 76102
15. NON-DISCRIMINATION COVENANT.
Company shall not discriminate against any person on the basis of race, color, national
origin, religion, handicap, sex, sexual orientation or familial status in the receipt of benefits from
Alliance West to Brewer-Westport-Gas
Page 16 of 19
Company's business operations, in any opportunities for employment with Company or in the
construction or installation of the Pipeline.
16. NO WAIVER.
The failure of the City to insist upon the performance of any term or provision of this
Agreement or to exercise any rights that the City may have, either under this Agreement or the law,
shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert
any such right on any future occasion.
17. GOVERNING LAW AND VENUE.
This Agreement shall be construed pursuant to and in accordance with the laws of the
United States of America and the State of Texas. If any action, whether real or asserted, at law or in
equity, arise out of the terms of this Agreement, Company's transportation of Gas or Company's use
of the City Property, venue for such action shall lie exclusively in state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort Worth
Division.
18. CONFERENCES.
At the request of either the City or Company, the City and Company shall meet at
reasonable times and upon reasonable notice to discuss any aspect of this Agreement, Company's
Pipeline, Company's operations in the City, Company's transportation of Gas or Company's use of
the City Property.
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final
order entered by a court of competent jurisdiction, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement,
a court order shall be final only to the extent that all available legal rights and remedies pertaining to
such order, including, without limitation all available appeals, have been exhausted. In such an
event, the City and Company agree that they shall amend or have amended this Agreement to
comply with such final order entered by a court of competent jurisdiction.
20. FORCE MAJEURE.
In the event Company's performance of any of the terms, conditions or obligations required
by this Agreement is prevented by a cause or event that is not within Company's reasonable control,
Company's non-performance shall be deemed excused for the period of such inability. Causes or
events that are not within the Company's control shall include, but not be limited to, acts of God,
strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions and natural
disasters.
Alliance West to Brewer-Westport-Gas
Page 17 of 19
21. HEADINGS NOT CONTROLLING.
Headings and titles, other than those captions in Section 1, that are used in this Agreement
are for reference purposes only and shall not be deemed a part of this Agreement.
22. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement between the City
and Company as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with the terms and conditions of
this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties
and approved by the City Council of the City.
EXECUTED as of the later date below:
CITY OF FORT WORTH: COWTOWN PIPELINE PARTNERS L.P.
By: Quicksilver Gas Services Operating GP
�j LLC, its al partner
By: By:
Assistant City Manager Do Cotten, Right-of-Way Manager and as
Attorney-in-Fact
Date: 8�8Z/0 Date:
APPROVED AS TO FORM AND LEGALITY:
AL
By. ` �� StCd K)Yo
Assistant City Attorney
da° � Aghn�
4 rjc)o �l
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FFICIAL RECORD
Alliance West to Brewer-Westport-Gas IM SE4OTARY
Page 18 of 19 !�
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ACKNOWLEDGEMENTS
THE STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME,the undersigned, a Notary Public, on this day personally appeared Fernando Costa,
Assistant City Manager of the City of Fort Worth, a home-rule municipal corporation of the State of
Texas,known to me to be the person whose name is subscribed to the foregoing instrument and,that(s)he
has executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day ofAjv 2010.
IJ
[SEAL GZn /J
Notary Public in and for the """P`"
��•' � EVONIA DANIELS i
State of Texas
'•' *= MY COMMISSION EXPIRES
�, :-
,,f QFC July 10,2013
My Commission Expires:
Print Name of Notary Public Here
THE STATE OF §
COUNTY OF TARRANT §
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
Don Cotten,Attorney-in-Fact, on behalf of Cowtown Pipeline Partners L.P., a Texas Limited Partnership,
known to me to be the person whose name is subscribed to the foregoing instrument and, that (s)he has
executed the same for the purposes and consideration therein expressed.
GIVEN UNDER M AND ANDSEAL OF OFFICE this day of , 2010.
S
o ary Public in and for the
State of Itfk4j
OFFICIAL RECORD'
My ommission Expires: CITY SECRETARY
rint Name of Notary Public Here
FT.WORTH,TX
3 - t3 — t 3XWRY Po
_
Alliance West to Brewer-Westport-Gas MIMI ELAINE KEENOM
Page 19 of 19 My Commission Expires
March 13,2013
���hyry
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
ORTH
CITY COUNCIL AGENDA FORTV4�
COUNCIL ACTION: Approved on 8/17/2010
DATE: 8/17/2010 REFERENCE L-15037 LOG NAME: 062040 WESTPORT
NO.: PARKWAY- COWTOWN
CODE: L TYPE: NON- PUBLIC CONSENT HEARING: NO
SUBJECT: Authorize Execution of an Underground Pipeline License Agreement with Cowtown
Pipeline Partners, L.P., for a Natural Gas Pipeline Across City-Owned Property in the B.
Lavois Survey, A-991, C.R. Harmon Survey A-737 and the Thomas Walden Survey, A-
1921, Just South of Alliance Airport
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an Underground Pipeline License
Agreement with Cowtown Pipeline Partners, L.P., for a natural gas pipeline across City-owned
property in the B. Lavois Survey, A-991, C.R. Harmon Survey A-737, and the Thomas Walden
Survey, A-1921,just south of Alliance Airport, in the amount of$131,495.13 for a term of 20 years.
DISCUSSION:
The City has been approached by representatives of Cowtown Pipeline Partners, L.P., requesting an
underground pipeline license agreement across a portion of City-owned property in the B. Lavois
Survey, A-991, C.R. Harmon Survey A-737, and the Thomas Walden Survey, A-1921,just south of
Alliance Airport for the installation of a natural gas pipeline. The property is located on the south side
of Westport Parkway just west of Heritage Parkway in the City of Haslet. The proposed alignment will
allow for a total of 2,812.73 linear feet of 20-inch diameter natural gas pipeline within a 15-foot wide
strip of land across the properties (0.874 acres more or less)for a term of 20 years. For initial
construction, a temporary construction workspace parallel, abutting and contiguous to the west and
south side of the license tract (2.92 acres more or less) shall also be granted as part of the
agreement.
Cowtown Pipeline Partners, L.P. has agreed to pay the City the standard fee of$46.75 per linear foot
of pipeline for the use of the property for a term of 20 years for a total cost of$131,495.13. Revenues
received from this project will be administered in accordance with the current Financial Management
Policy.
Cowtown Pipeline Partners, L.P. will be responsible for repairing and restoring any damage to the
strip of land or surrounding property resulting from the construction of the pipeline.
The property is located on City property south of Alliance Airport in the City of Haslet, Mapsco 7, T
and U.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Planning and Development
Department is responsible for the collection and deposit of funds due the City under this agreement.
TO Fund/Account/Centers FROM Fund/Account/Centers
P240 446300 551929990100 $65,747.57
T125 446300 055125099901 $65,747.56
http://apps.cfwnet.org/council_packet/mc review.asp?ID=14010&councildate=8/17/2010 8/17/2010
M&C Review Page 2 of 2
Submitted for City Manager's Office by. Fernando Costa (6122)
Originating Department Head: Susan Alanis (8180)
Additional Information Contact: Jean Petr(8367)
ATTACHMENTS
MCmap (2).it,a
http://apps.cfwnet.org/council_packet/mc review.asp?ID=14010&councildate=8/17/2010 8/17/2010
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
THAT, QUICKSILVER GAS SERVICES LP, a Delaware limited partnership,
(the"Company") does hereby constitute and appoint Don Cotten its Attorney-in-Fact to
execute on behalf of the Company and its subsidiaries and affiliates, including, but not
limited to, Cowtown Pipeline Partners L.P., Quicksilver Gas Services GP LLC,
Quicksilver Gas Services Operating GP LLC and Cowtowm Gas Processing Partners L.P.,
the following documents:
Easements, licenses and right-of-way agreements; surface leases for operations
related to pipeline, plant or other midstream activities; and all associated correspondence
and all other documents and agreements relating thereto.
This Power of Attorney shall be effective the l't day of-
�e— , 2010, and
shall remain in effect until rescinded by the Company;provided,hb ever, this Power of
Attorney will expire immediately upon Don Cotten's termination of employment with the
Company.
The Company hereby grants unto the Attorney-in-Fact named herein the same
power and authority as it might or could have and by these presents does hereby ratify,
approve, adopt, and confirm all that said Attorney-in-Fact may lawfully do in the
execution of the powers and authority granted herein.
The Company hereby declares that the certification by the Secretary or by any
Assistant Secretary of the Company that these powers are in effect shall be binding and
conclusive upon the Company.
IN WITLESS WHEREOF, the Company has caused this Power of Attorney to be
executed this day of June, 2010.
Quicksilver Gas Services LP,
a Delaware limited partnership
By: Quicksilver Gas Services GP LLC,
its general partner
JC. Cirone
ice President and Secretary
E
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, a Notary Public, on this day personally appeared John C. Cirone
known to me to be the person whose name is subscribed to the foregoing instrument, and
knomm to me to be the Senior Vice President, General Counsel and Secretary of
QUICKSILVER RESOURCES INC., a Delaware corporation, and acknowledged to me
that he executed said instrument for the purposes and consideration therein expressed,
and as the act of said corporation.
S r�
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this I day of June,
2010.
PAMELAateMILLof
Notary Pubtio,State of Texas
nay Commission Expires
"� ;{ Aupuat ot,2ot2 Notary Public, State of Texas
QUICKSILVER
GAS SERVICES LP
August 16, 2010
Ms. Jean Petr
Gas Lease Program Manager
Planning and Development Department Gas Division/Gas lease Section
City of Fort Worth
1000 Throckmorton Street
Fort Worth, TX 76102
RE: Natural Gas Pipeline License Agreement
Alliance West Extension to Brewer Phase 1
Dear Ms. Petr:
Enclosed for your handling please find the following:
L Three (3) originally executed Natural Gas Pipeline License Agreements dated August 16,
2010.
2. One (I)original check in the amount of$131,495.13 to cover the License Use Fee for
CoNvtown Pipeline Partners L.P. use of the City Property.
3. One (1)copy ofCowtown Pipeline Partners L.P. Certificate of Liability Insurance.
4. One(1)copy of the Power of Attorney appointing Don Cotten Attorney-in-Fact to
execute on behalf of Quicksilver Gas Services LP and its subsidiaries and affiliates.
Should you have any questions regarding the enclosed, please feel free to contact me at(S17)
665-5726.
Best Regards,
4°'
e J i
Kelly M. Sanders
Landman
777 West Rosedale Street
Fort Worth, Texas 76104
817-665-5000 Fax:817-665-5005
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EXHIBIT "B"
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QUICKSILVER TRACT SITUATED IN THE B. LAVOIS SURVEY,ABSTRACT NUMBER 991, 4 V:-,
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TEMPORARY WORK AREA SITUATED IN THE B. LAVOIS zq�
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EXHIBIT "A"
LEGAL DESCRIPTION
A 15' COWTOWN PIPELINE PARTNERS,L.P., GAS LICENSE TRACT
BEING a tract of land situated in the B. Lavois Survey,Abstract Number 991, Tarrant County,
Texas, and being a portion of that certain tract of land described by deed to the City of Fort
Worth, as recorded in Volume 15744,Page 316, County Records, Tarrant County, Texas, and
being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with cap stamped"BSMT" set in the common property line
of the south property line of said City of Fort Worth tract and the north lot line of Lot 1, Block
A, Mesilla Valley Transportation Addition, as recorded in Document Number D209006087, Plat
Records, Tarrant County, Texas, said point bears S 89°20'06"E, 1119.75 feet from a 1/2 inch
iron rod found at the northwest corner of said Lot 1, Block A, Mesilla Valley Transportation
Addition;
THENCE N 10036'58"W, 380.68 feet departing said common property line to a 5/8 inch iron
rod with cap stamped"BSMT" set in the south right-of-way line of Westport Parkway (a variable
width right-of-way) and being the beginning of a non-tangent curve to the right;
THENCE along said south right-of-way line and with said non-tangent curve to the right, an arc
distance of 19.86 feet,through a central angle of 01005'38", having a radius of 1040.00 feet,the
long chord of which bears S 59°40'43"E, 19.86 feet;
THENCE S 10036'58"E, 370.66 feet departing said south right-of-way line and returning to the
common property line of the south property line of said City of Fort Worth tract and the north lot
line of said Lot 1, Block A, Mesilla Valley Transportation Addition;
THENCE N 89020'06"W, 15.30 feet along said common property line to the Point of
Beginning and containing 5,636 square feet or 0.129 acres of land more or less.
Total centerline linear footage is 375.73 feet.
LEGAL DESCRIPTION
A 45' COWTOWN PIPELINE PARTNERS, L.P.,
TEMPORARY WORK AREA
BEING a tract of land situated in the B. Lavois Survey,Abstract Number 991, Tarrant County,
Texas, and being a portion of that certain tract of land described by deed to the City of Fort
Worth, as recorded in Volume 15744,Page 316, County Records, Tarrant County, Texas, and
being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with cap stamped"BSMT" set in the common property line
of the south property line of said City of Fort Worth tract and the north lot line of Lot 1, Block
A, Mesilla Valley Transportation Addition, as recorded in Document Number D209006087, Plat
Records, Tarrant County, Texas, said point bears S 89°20'06"E, 1119.75 feet from a 1/2 inch
iron rod found at the northwest corner of said Lot 1, Block A, Mesilla Valley Transportation
Addition;
THENCE N 89020'06"W, 45.89 feet with said common property line;
THENCE N 10°36'58"W, 407.88 feet departing said common property line to the south right-
of-way line of Westport Parkway(a variable width right-of-way) and being the beginning of a
non-tangent curve to the right;
THENCE along said south right-of-way line and with said non-tangent curve to the right, an are
distance of 57.75 feet, through a central angle of 03°10'53", having a radius of 1040.00 feet, the
long chord of which bears S 61°48'58"E, 57.74 feet to a 5/8 inch iron rod with cap stamped
"ESMT" set;
Jacobs Job No. WFXG5800 Tracking No. 2936
S#AW July 01, 2010
J:\JOB\WFXG5800\SUR\WP\LEG\G5800E192.doc Page 3 of 4
THENCE S 10036'58"E, 380.68 feet departing said south right-of-way line to the Point of
Beginning and containing 17,758 square feet or 0.408 acres of land more or less.
4-
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Jacobs Job No. WFXG5800 Tracking No. 2936
S#AW July 01, 2010
J:\JOB\WFXG5800\SUR\WP\LEG\G5800E192.doc Page 4 of 4
A=360 29'35" A=39'57' 10" A=360 59' 38" • = 5/8 IRON ROD SET BASIS OF BEARINGS IS THE TEXAS STATE PLANE a T
R=1190. 00' R=415. 00' R=1175. 00' COORDINATE SYSTEM, NORTH CENTRAL ZONE. lel •
Cl L=757. 94' C3 L=289.38' C5 L=758.66'
L. C. =N71°35' 06"W L.C. =N19°33' 15"E L.C.=S71°22'20"E Q. �. �Q���� ������ •
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� L. C. =S1 90 10'40"W L.C. =N830 19' 55"E ADDITION O �
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0.745 POINT OF SCALE 1" =300' o w
ACRES WESTPORT PARKWAY COMMENCING <0 =
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C5 S09°53' 1 3"E 9. 1 5'
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L 15 _.L9 �- - -�-�—T — -------L6 � - -- ------ --�-- - -- S=�-- ' _ 1 POINT OFL'L8 -- -- - BEGINNINGu' ' --,100' X1 00' O
o L7 BORE AREA 2U CITY G= FORT WORTH 45' TEMPORARY B
Lu¢ J VOL 16042 PG 123 WORK AREA TRACT B ALLIANCE NO. 5
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Qo a LINE BEARING DIST. LINE BEARING DIST. O S U R`I�
a L 1 SO 53' 13"E 10. 08' L10 Noo°21'20"W 51. 96' LICENSE TRACT AREA 0.745 ACRES
Q L2 S87°13' 12"W 866. 12' L 1 1 N390 32' 18"E 4.28' TEMPORARY WORK AREA 2.519 ACRES W
L3 N89°50' 48"W 58. 10' L 1 2 S89050' 59"E 327. 56' EXHIBIT "B" � '-
0o L4 N44°50' 59"W 28. 25' L 1 3 S44050'59"E 28. 25' CENTERLINE PIPELINE LENGTH 2,437.00' AN EXHIBIT SHOWING a
L5 N89°50' 59"W 322. 12' L14 S890 50'48"E 149. 21' A VARIABLE WIDTH COWTOWN PIPELINE PARTNERS, L.P.. 0
L6 S00°21'20"E 66. 97' L15 N870 13' 12"E 766. 91' �- N�
L7 S890 38'4o"w 65. os' � COWTOWN TRACT GAS LICENSE TRACT SITUATED IN THE C.R.HARMON Q V N=o
SURVEY,ABSTRACT NUMBER 737 AND THE THOMAS WALDEN SURVEY,
L8 Noo°07' oa"E 1 s. 96' ABSTRACT NUMBER 1921,TARRANT COUNTY,TEXAS 14 z3l
L9 N89°38'40"E 49. 96' QUICKSILVER TRACT �Fl
ouI `dnoag but-jaau16u3 sgooDf' Aq 0lOZ m+461-jAdoO �^��m
A=02°00' 00" A=32°20' 08" A=36°29'35" • = 5/8 IRON ROD SET BASIS OF BEARINGS IS THE TEXAS STATE PLANE
R=2924. 79' R=355. 00' R=1190. 00' COORDINATE SYSTEM, NORTH CENTRAL ZONE. N
C1 L=102. 09' C3 L=200.35' C5 L=757. 94'
i LC=S89°09' 01"W L.C. =S150 44'44"W L.C.=5710 35' 06"E
102. 09' 197.70' 745. 19'
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s L.C. =N72040' 11"W L.C. =N19010' 40"E ADDITION
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TRACT SCALE 1" =300' O
WESTPORT PARKWAY _ a
Cg17 j �� ��� (A VARIABLE WIDTH RIGHT-OF-WAY) ----_-- - SURVEY LINE—
L16 1 j �� ��C5 i - �O
L15 1f 'IC3 �� L18 L19 --
L14 1f °I L10 � _ L17NPOINT
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125. 00' 45' TEMPORARY
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o Q m w BORE AREA BORE AREA ALLIANCE NO. 5
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APPROXIMATE SURVEY LINE I '.,Q
13
a LINE BEARING DIST. LINE BEARING DIST. O SUf2v��
a L1 N89°51' 45"W 50. 48' L11 N890 38' 40"E 15. 313'
Q L2 5890 OB' 14"W 97. 90' L12 N00°07' 08"E 45. 00'
--Jl L3 S880 05' 05"W 143. 89' L13 N890 38' 40"E 25. 00'
a. L4 S880 09' 01"W 129. 51' L14 N00°07' 08"E 55. 00' EXHIBIT B N O N
L5 N890 50' 59"W 234. 70' L15 N890 38'40"E 39._6 3' AN EXHIBIT SHOWING � o
L6 S00009, 01"w 200. 00' L16 Noo°21' 20"W 11. 98' A 45'COWTOWN PIPELINE PARTNERS,L.P.. u
L7 N890 50' 59"W 200. 00' L17 S890 50' 59"E 303.49' TEMPORARY WORK AREA SITUATED IN THE C.R.HARMON ¢ u NFo
La No0009' 01"E 125. 00' L18 Noo°o9' 01"E 30. 00' SURVEY,ABSTRACT NUMBER 737,TARRANT COUNTY,TEXAS zph
L9 N890 50' 59"W 302.69' L19 S890 50' 59"E 200. 00' 3
L 1 0 S00°21' 20"E 12. 03' ou I 'dno-A0 6u I aaau 15u3 sg000 f �q o l oZ O+461-jAdo:)
EXHIBIT "A"
LEGAL DESCRIPTION
A VARIABLE WIDTH COWTOWN PIPELINE PARTNERS,L.P., GAS LICENSE
TRACT
BEING a tract of land situated in the C.R. Harmon Survey, Abstract Number 737 and the
Thomas Walden Survey, Abstract Number 1921, Tarrant County, Texas, and being a portion of
those certain tracts of land described by deed to the City of Fort Worth, as recorded in Volume
9569, Page 1142, Volume 9601,Page 2393,Volume 9633, Page 1462, Volume 9754, Page 847,
Volume 9754,Page 870, and in Volume 16042, Page 123, County Records, Tarrant County,
Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod with cap stamped"Jacobs" set at the northeast property
corner of said City of Fort Worth tract recorded in Volume 9754, Page 847, and the northwest
property corner of that certain tract of land described by deed to AIL Investment, L.P., as
recorded in Volume 13130,Page 246, County Records, Tarrant County, Texas, said point also
being in the southerly right-of-way line of Westport Parkway(a variable width right-of-way,
120' at this point);
THENCE S 09053'13"E, 9.15 feet along to a 5/8 inch iron rod with cap stamped"ESMT" set in
the common property line of the east property line of said City of Fort Worth tract and the west
property line of said AIL tract,being the POINT OF BEGINNING;
THENCE S 09053'13"E, 10.08 feet continuing along said common property line to a 5/8 inch
iron rod with cap stamped"ESMT" set
THENCE S 87013'12"W, 866.12 feet departing said common property line to a 5/8 inch iron
rod with cap stamped"ESMT" set;
THENCE N 89050'48"W, 58.10 feet;
THENCE N 44050'59"W, 28.25 feet;
THENCE N 89050'59"W, 322.12 feet to a 5/8 inch iron rod with cap stamped"ESMT" set at
the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 757.94 feet,through a central angle of
36029'35",having a radius of 1190.00 feet,the long chord of which bears N 71°35'06"W,
745.19 feet to a 5/8 inch iron rod with cap stamped`ESMT" set at the beginning of a reverse
curve to the left;
THENCE with said reverse curve to the left, an arc distance of 273.66 feet,through a central
angle of 39°11'55",having a radius of 400.00 feet,the long chord of which bears S 19°10'40"W,
268.35 feet;
THENCE S 00021'20"E, 66.97 feet;
THENCE S 89038'40"W, 65.08 feet to the west property line of said City of Fort Worth tract
recorded in Volume 16042, Page 123,being in Harmon Road(a variable width right-of-way);
THENCE N 00007'08"E, 15.00 feet along said west property line;
THENCE N 89038'40"E, 49.96 feet departing said west property line;
THENCE N 00021'20"W, 51.96 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 289.38 feet,through a central angle of
39057'10", having a radius of 415.00 feet,the long chord of which bears N 19033'15"E, 283.55
feet;
THENCE N 39032'1 8"E, 4.28 feet to the beginning of a curve to the right;
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THENCE with said curve to the right, an arc distance of 7.64 feet,through a central angle of
87'35'12",having a radius of 5.00 feet,the long chord of which bears N 83°19'55"E, 6.92 feet
to the beginning of a reverse curve to the left;
THENCE with said reverse curve to the left, an arc distance of 758.66 feet, through a central
angle of 36°59'38", having a radius of 1175.00 feet,the long chord of which bears
S 71-22'20"E, 745.55;
THENCE S 89050'59"E, 327.56 feet;
THENCE S 44050'59"E, 28.25 feet;
THENCE S 89050'48"E, 149.21 feet;
THENCE N 87013'12"E, 766.91 feet to the Point of Beginning and containing 32,468 square
feet or 0.745 acres of land more or less.
Total centerline linear footage is 2,437.00 feet.
LEGAL DESCRIPTION
A 45' COWTOWN PIPELINE PARTNERS, L.P., TEMPORARY WORK AREA
BEING a tract of land situated in the C.R. Harmon Survey, Abstract Number 737, Tarrant
County, Texas, and being a portion of those certain tracts of land described by deed to the City of
Fort Worth, as recorded in Volume 9633,Page 1462 and in Volume 16042,Page 123, County
Records, Tarrant County, Texas, and being more particularly described by metes and bounds as
follows:
COMMENCING at a 5/8 inch iron rod with cap stamped"Jacobs" set at the northeast property
corner of that certain City of Fort Worth tract recorded in Volume 9754, Page 847, County
Records, Tarrant County, Texas, Also being the northwest property corner of that certain tract of
land described by deed to AIL Investment, L.P., as recorded in Volume 13130, Page 246, County
Records, Tarrant County, Texas, said point also being in the southerly right-of-way line of
Westport Parkway(a variable width right-of-way, 120' at this point);
THENCE N 89°51'45"W, 50.48 feet along the south right-of-way line of said Westport
Parkway;
THENCE S 89008'14"W, 97.90 feet continuing along the south right-of-way line of said
Westport Parkway;
THENCE S 88005'05"W, 143.89 feet continuing along the south right-of-way line of said
Westport Parkway;
THENCE S 88°09'01"W, 129.51 feet continuing along the south right-of-way line of said
Westport Parkway to the beginning of a curve to the right;
THENCE continuing along the south right-of-way line of said Westport Parkway and with said
curve to the right, an are distance of 102.09 feet,through a central angle of 02000'00",having a
radius of 2924.79 feet,the long chord of which bears S 89°09'01"W, 102.09 feet;
THENCE N 89050'59"W, 234.70 feet continuing along the south right-of-way line of said
Westport Parkway to the POINT OF BEGINNING,being a 5/8 inch iron rod with cap stamped
"BSMT" set;
THENCE S 00009'01"W, 200.00 feet;
THENCE N 89050'59"W, 200.00 feet;
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THENCE N 00°09'01"E, 125.00 feet;
THENCE N 89°50'59"W, 302.69 feet to the beginning of a curve to the right;;
THENCE with said curve to the right, an are distance of 741.44 feet, through a central angle of
34°23'53", having a radius of 1235.00 feet,the long chord of which bears N 72'40'1 1"W,
73 0.3 6 feet to the beginning of a non-tangent curve to the left;
THENCE with said non-tangent curve to the left, an arc distance of 200.35 feet,through a
central angle of 32°20'08",having a radius of 355.00 feet,the long chord of which bears
S 15044'44"W, 197.70 feet;
THENCE S 00021'20"E, 12.03 feet;
THENCE N 89038'40"E, 15.38 feet;
THENCE S 00007'08"W, 100.00 feet;
THENCE S 89038'40"W, 125.00 feet;
THENCE N 00°07'08"E, 45.00 feet;
THENCE N 89038'40"E, 25.00 feet;
THENCE N 00007'08"E, 55.00 feet;
THENCE N 89038'40"E, 39.63 feet;
THENCE N 00021'20"W, 11.98 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 273.66 feet,through a central angle of
39°11'55",having a radius of 400.00 feet,the long chord of which bears N 19°10'40"E, 268.35
feet to the beginning of a non-tangent curve to the left;
THENCE with said non-tangent curve to the left, an are distance of 757.94 feet,through a
central angle of 36°29'35", having a radius of 1190.00 feet,the long chord of which bears
S 71035'06"E, 745.19 feet;
THENCE S 89050'59"E, 303.49 feet;
THENCE N 00009'01"E, 30.00 feet returning to the south right-of-way line of the
aforementioned Westport Parkway;
THENCE S 89050'59"E, 200.00 feet along the south right-of-way line of said Westport
Parkway to the Point of Beginning and containing 109,720 square feet or 2.519 acres of land
more or less.
.0.F TF
;................_..........................
TERENCE A. MURRAY
.............................................
0 6059
S
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