HomeMy WebLinkAboutContract 39927ciry sECReraRr3RY q9 a
CONTRACT NO.
CONSENT TO ASSIGNMENT OF
THE UNDERGROUND PIPELINE EASEMENT AGREEMENT -
This CONSENT TO ASSIGNMENT OF THE UNDERGROUND PIPELINE
EASEMENT AGREEMENT ("Consent"), is made and entered into by and between the
CITY OF FORT WORTH, TEXAS (the "City"), a home rule municipal corporation
organized under the laws of the State of Texas; WESTFORK PIPELINE COMPANY
.LC ("Assignor" or "Company"), a Texas limited liability company, and TEXAS
MIDSTREAM GAS SERVICES, L.L.C. ("Assignee"), an Oklahoma limited liability
company.
The following introductory provisions are true and correct and form the basis of
this Consent,
A. The City and Assignor previously entered into an Underground Pipeline
Easement Agreement, to, construct, maintain, operate, repair, alter, replace, and
remove a ten inch gas pipeline and a four inch service line and appurtenant
facilities for the transportation of natural gas across, under, and upon in a certain
tract of land in the City (the "Easement Agreement"), executed December 27,
2005, filed September 7, 2006, Document Number D206279061 of deed records
Tarrant County, Texas, Exhibit "A" attached hereto and made a part hereof for all
purposes..
B. Assignor now wishes to assign to Assignee all of Assignor's right, title and
interest granted to Company under the Easement Agreement; Assignee wishes
to accept such assignment; and the City is willing to consent to such assignment
subject to the terms and conditions set forth in this Consent.
NOW THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are hereby acknowledged, the City, Assignor, and Assignee agree as follows:
1. The City hereby consents to an assignment by Assignor to Assignee of all right,
title and interest granted to Company pursuant to the Easement Agreement, (the
"Assignment'), effective as of the last date that the City, Assignor and Assignee
have executed this Consent ("Effective Date"). The Easement Agreement is
incorporated herein by reference for all purposes.
2. The City does not adopt, ratify or approve the particular provisions of any written
or oral agreement or understanding that may have been made or reached by and
between Assignor and Assignee as part of or in regard to the Assignment. The
City does ,not grant any right, privilege or use to Assignee that is different from or
more extensive than any right, privilege or use granted to Company pursuant to
the Easement Agreement. In the event of any conflict between the Easement
Agreement and the Assignment, the Easement Agreement shall control.
Consent to Assignment of Underground I U{-4-iGIIAfL K"� i� Pipeline Easement by West Fork Pipeline to ! �ITy, rrr-c(7ETARY
Texas Midstream Gas Services, L.L.C. t
3. The City consents to the Assignment expressly upon the promise and covenant
by Assignee, and Assignee hereby promises and covenants to the City, that as of
the Effective Date Assignee will faithfully perform, as an independent contractor,
all duties and obligations of Company set forth in the Easement Agreement.
4. Assignor understands and agrees that Assignor and Assignee will be jointly and
severally liable to the City for (1) any duty or obligation of Company that Assignor
was required by the Easement Agreement to undertake or perform prior to the
Effective Date and (ii) for any damages, including, but not limited to, property
loss, property damage and/or personal injury of any kind, including death, to the
extent caused by Assignor, its officers, agents, servants, employees or
subcontractors.
5. Notices required pursuant to the provisions of the Easement Agreement shall be
conclusively determined to have been delivered when hand -delivered or mailed
by United States Mail, postage prepaid, return receipt requested, addressed as
follows:
To Assignee:
Texas Midstream Gas Services, L.L.0
Coleen Magness
Director -Right of Way Coordination
P.O. Box 18162
Oklahoma City, OK 73154-0612
To Assignor:
West Fork Pipeline
Attn: Lawrence B. Dale, President
2100 Ross Avenue, Suite 187
Has, Texas 75201
6. All terms in this Consent that are capitalized but not defined shall have th
meanings assigned to them in the Easement Agreement. ,a
EXECUTED as of the latest date below:
CITY OF FORT 1NORTH:
Ass
Date;
t City Manager/�F6-
Consent to Assignment of Underground
Pipeline Easement by West Fork Pipeline to
Texas Midstream Gas Services, L.L.C.
ATTEST:
Marty Hendrix
City Secretary
P ig 2"bf 3 JARYTX
i' i► ti ! - A _ - y -
Assistant City Attorney
Date:.
Esc
UA
Ie.BST FORK PIPELINE COMMPANY, 3.
Texas limited �p�: Ii•�. 1.0i e����y
B. Dale
President
Date: 1
J. Mica el Stice
Chief Executive Officer
Date:
Consent to Assignment of Underground
Pipeline Easement by West Fork Pipeline to
Texas Midstream Gas Services, L.L.C.
Page3of3
+I'11 n r
Y
Exhibit "A"
• UNDERGROUND l'Il'ELINE EASEMENT AGREEMENT
THE STATE OF TEXAS § •
§
COUNTY OF TARRANT §
►:l yr
This Underground Pipeline Easement Agreement (this Agreem nt )rG ent4ged _ibto
between the City of Fort Worth, Texas, a municipal corporation of Tarrant=punt, Teia
("GRANTOR!') and Westfork Pipeline Company LLC (GRANTEE"). n
For and in consideration of GRANTEE constructing improvements do Graiitdr's4prap rty
and other good and valuable considerations in hand paid; the receipt of which ana` •ffi.Rency of
which is hereby acknowledged, and , in consideration• of the covenants containet ler�i,ir,
GRANTOR and GRANTEE agree as follows: '
l.' Subject to the terms of this Agreement, GRANTOR hereby grams and conveys to
GRANTEE an easement (the "Easement") over, under and across the property described
in Exhibit "A" and `s" attached hereto (the "Easement Tract"). This grant and
conveyance is made subject to all matters of record affecting the Easement Tract.
Z. The term ofthis Easement shall be for twenty (20} years.
• 3. The Easement shall only be used £orthe purpose of constructing, maintaining, operating,
repairing, altering, replacing, and removing a ten inch gas pipeline and a four inch service
line and appurtenant facilities for the transportation of natural gas across, under and upon
the Easement Tract.
4. GRAN'1'aR reserves and retains the right to grant other rights and easements across, over
or under the Easement Tract to such other persons as GRANTOR deems proper, provided
such other grants do not interfere with the use of the Easement by GRANTEE for the
purpose set forth herein.
S. GRANTEE shall have all of the rights and benefits necessary or convenient for the full
enjoyment or use of the right herein granted, including, but without limiting the same to
the free right of ingress to and egress over and across said lands to and from said right-of-
way and easement and the right from time to time to cut, undergrowth and other
obstructions on the Easement Tract, that may injure, endanger or interfere with the•use of
said pipeline. Grantee shall also have the ability to remove any trees in the Easement
Tract and surrounding areas with the written approval of Grantor.' The GRANTEE shall
have the right to assign this grant in whole or in part with the written consent of
GRANTOR.
WARRANT. Doc:.000279061,_,09/07/2006. V/P:.0000000_00000 Page 1 0
6, GRANTOR hereby expressly agrees that in the event the route of the pipeline to be
constructed hereunder should cross any roads, railroads, creeps, or other waterways
located on the above -described land or other places requiring extra work space, then
GRANTEE shall have the right and temporary access to additional working space which
may be necessary for construction and GRANTEE agrees to pay GRANTOR for any and
all damages which GRANTOR suffers by reason of GRANTEE'S use of said additional
work space.
'7. This easement is granted upon the conditions that GRANTEE'S Facility to be constructed
shall be maintained and operated by GRANTEE at no expense to GRANTOR and
GRANTOR shall not be responsible for any costs of construction, reconstruction,
operation, maintenance or removal of GRANTEE"s Facility. •
8. GRANTOR shall not be liable to GRANTEE for any damage to said easement or
GRANTEE's Facility or other contents thereof, except when caused by the willful
misconduct of GRANTOR, its agents, servants or employees. It is understood that it is
not the intention of the parties hereto to create liability for the benefit of third parties but
that this agreement shall be solely for the benefit of the parties hereto,
9, GRANTEE shall gently repair any damage to improvements on the Easement Tract or.
surrounding property and shall restore the surface of the Easement Tract and surrounding
property from damage resulting from GRANTEE's use of the Easement Tract.
10. GRANTEE shall, at its own cost and expense complywith all applicable Laws, including
but not limited to exiting zoning ordinances, governmental rules and regulations enacted
or promulgated by any governmental authority and shall promptly execute and fulfill all
orders and requirements imposed by such governmental authorities for the correction,
prevention and abatement of nuisances in or upon or connected with said premises
because of GRANTEE's use thereof
ll. The GRANTEE agrees to bury all pipes at a minimum of 36 inches, however if the
pipeline is underneath a road or a water, sewer, or drainage pipe, the natural gas pipeline
shall be buried at a minimum of 60 inches.
12. It is agreed that this grant covers all the agreements between the parties and that no
representation or statements, verbal or written, have been made modifying, adding to, or
changing the terms ofthis Agreement,
13. The GRANTEE is the owner and operator of the natural gas pipeline that has been
installed within the easement, and as such is responsible for the proper operation end
maintenance of the pipeline. In this regard, GRANTEE covenants and agrees' to, and by
these presents does hereby fully indemnify, hold harmless and defend the GRANTOR, its
officers, agents and employees, from and against.any and all claims, suits or causes of
action of any nature whatsoever, whether real or asserted, brought for or on account of
any injuries or. damages to persons or property, including death, resulting from, or in any
way connected with, the grant of the easement or operation and maintenance of the
(ARRANT. Doc: ,000279061_09/07/2006. VIP:.0000000_00000
Page 2 of 7
natural gas pipeline, whether or not caused, in part, by the negligence of officers,
aLgents, or employees, of the GRANTOR: provided however, that the Grantee shall
have no liability or obligation to indemnify, hold harmless or defend with respect to any
injury or damage to persons or property resulting from the sole negligence of officers,
agents or employees of the GRANTOR.
TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns, so long as the
right and casement herein granted, or any one of them shall be used by, or useful to, GRANTEE
for the purpose herein granted, with ingress to and egress from the prenises for the purpose of
constructing, inspecting, repairing, maintaining, replacing and removing the property of
GRANTEE herein described; and the undersigned hereby bind themselves, their heirs, executors
and administrators (and successors and assigns) to warrant and forever defend all and singular
said premises unto the GRANTEE, its successors and assigns, against every person whomever
lawfully claiming or to claim the same or any part thereof
Executed to be effective as of the date of the last signature of GRANTOR and
GRANTEE.
City of F Worth
By' I? CY
Libby Waison, Assistant City Manager
Accepted on the Terms and Conditions Contained Herein:
Westfork Pipeline Company LLC
2121 San Jacinto Street Suite 1870
Dallas, Texas 79701
AFTER. RECORDING, PLEASE SEND TO
WESTFORK FIPELINB LLC
2121 SAN JACINTO
SUITE 1870
DALLAS, TEXAS 75201
Doc:.000279061 09107/2006. V/P4.0000000_00000
Approved as to Form and Legality
City Attorney
��• • • � • Page 3 of 7
n
This instrument was acknowledged before me on this c4 day of 041A �', Z005, by
Libby Watson, Assistant City Manager of the City of Fort Worth, Texas, a municipal
corporation, on behalf of the City of Fort Worth, Texas.
State of Texas•
♦
IkOUNTY O.TARRANT
This instrument was acknowledged before me on this �� �" day of pece�nl�eK-
Z005, by Mike Taliaferro, Vice President of Operations for Westfork Pipeline Company LLC on
behalf of Westfork Pipeline Company LLC.
,�'" f� e,,• 10HN NEWMAN
as Natary Putria, 51ate of Texas
s e a My commission Expires
'r:;, of ' September 10, 2008
Publie, State of Texas
t'ARRANT. Doc:.000279061_09/07/2006. VIP:.0000000,_00000 Page 4 of 7
FXHIBtT A
24.00 Foot Wide Pipeline Easement
Being 23,636 square feet of land located In the J. Lynch Survey, Abstract Ma. 942 and the A.C.
Warren Survey, Abstract No.1686, Tarrant County, Texas, being a portion of the tract of land
described In the deed to the R.C. Bowen, recorded in Volume 01372, Page 463, Deed Records,
Tarrant County, Texas and a portion of Gateway Park Addition, an addition to the City of Fort
Worth, Tarrant County, Texas according to the plat recorded in Cabinet A, Slides 3 and 4, Plat
Records, Tarrant County, Texas, Said 23,636 square feet of land being more particularly
described as follows:
BEGINNING at a point lying In the most northeriy west line of Block 4, in said Gateway Park
Addition, from which an 112" iron rod stamped "RPLS 1674" found at the southeast comer of a
tract of land described in the deed to J.W. Simmons, R. Schindler, Jr. and William Dyer,
recorded in Volume 5970, Page 341, Deed Records, Tarrant County, Texas bears SOQ°21'31"E
367,91 feet;
7Ht=NGE N00°21'3i"W, along said west line, a distance of 20.OU feet to a point;
THENCE N69026'44"E, a distance of 116.86 feet to a paint;
THENCE N20032'39"E, at 823.07 feet passing the north line of Block 1, in said Gateway Park
Addition, in all a distance of 827,50 feet to a point;
THENCE Kill 9'26'22"E, at 59.65 feet passing the south line of said Bowen tract, in all a distance
o€ 21916 feet to a point;
THENCE N88058'04°E, a distance of 21.35 feet to a point;
THENCE S 19°26'22"W, at 164.11 feet passing said south line of said BOwgn Tract, at 224.16
feet passing said north tine of said Black 1, from which a 314" iron rod found bears N68°58'04"E
922.87 feet, in all a distance of 227.42 feet to a point,
THENCE S200321391Vtl, a distance of 841.42 feet to a point;
THENCE S89026144"W, a distance of 130.65 feet to the point of beginning, containing 0.543
acres of land.
The bearings recited hereon are oriented to NAfl83 Texas North Central 2:ane.
20A0 Foot Wide Temporary Construction Easement
The 20.00 Foot wide temporary construction easement is to be located 20.00 feet North and
West o€ihe'above described North and West Lines of tits 20.00 Foot Wide Pipeline Easement.
CARRANT. Doc: .000279061_09/07/2006. V/P:.0000000,_00000
Page 5 of 7
A:C. Worren N 88'SE
A-1685
zt.;
Fiws Row-
19'2's'22"
219.76'
Koch Ro6nlnp Cv!npanr
Le�tar Byrd 5 (( V,,NOt P.�O
Y.6432. P.i G �DJi.7.GT. ZO YAde Tim army
4
1 %ldaaTim army
II
rb� t /
t/2iri � I Lot
r_-- �Pra�ise IT
f 1 f
1 I Koeh'R•Rnino Company
( DILTTA .T3s f !
(I fu flay ft
J.W. Stmmoru, etat. (I N �
V D.R.T C.T�1
N 8644 E % ltaSsrt�a.wn
16.86' o tr/
N 00717310 J /
20400'
S 89 26'f4" W/ t /
Poll i
000
Fort Worth 1/2`frf
-Mon. fnd.1 RPLS 1674
D �200 400 60D
SCALE 1`=2001
PQFT'
/ I
/
•LAND SURVEYORS •
:� • LAND +TOPOGRAPHIC
•CONSTRUCTION SURVEYING
v4 J tf R.C. Bowan
V3372, PA83
Zit D.R.LC.T.
5/40krf
Gateway Park Addition
C�inet A, Slide 3-4
P.R.T.C.T.
J. Lynch
A-942
prepored September 2005
�htl�iT R
2Q•Ot� Foot Wide Pipeline
Easement and 20.00 Foot Wide
Temporary Construction
Easement
Data —Gateway pipeline.dwp
WARRANT. Doc:.000279061„_09/07/2006. VIP:.000UU00—,00000 Page 6 of 7
FT WORTW TX 78ii5 -
Siibmitter: CITY OF FORT WORTH/PARKSZCFW9
Filed For Registration:
rument #:
TARRANT COUNTY CLERK
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iARRANT. Doc:.00027.9061�09/07/2006: VIP:.0000000_00000 Page 7 of 7