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HomeMy WebLinkAboutContract 40237 (2)w A1EVIOV1111", a PIPELINE LICENSE AGREEMENT Mallard Cove Park 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 Charles Daniels, its duly authorized Assistant City Manager, and ENTERPRISE TEXAS PIPELINE LLC ("Company"), a Texas limited liability company, acting by and through Marc Tausend, Agent and 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. Company, wishes to construct one thirty inch (30") nominal diameter pipeline for an approximate total distance of 2344.10 feet within a twenty (20) foot width right of way for the transportation of natural gas through a public park known as Mallard Cove Park. 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 public park. B. The City has reviewed Company's request and agrees to grant Company a license to use a portion of the subsurface of Mallard Cove Park as set out in Exhibit "A" 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 control with, the entity in question. Agreement shall mean the authorization issued to Company hereunder to use a portion of a public park known as Mallard Cove Park in the location as set out in Exhibit "A" 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 �'-- !- r i Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 1 of23 other directly related uses of Mallard Cove Park, pursuant to and in accordance with this Agreement. Company shall mean Enterprise Texas Pipeline LLC, a Texas limited liability company, only and shall not include any Affiliate or third party. City shall mean the area within the corporate limits of the City of Fort Worth, Texas and the governing body of the City of Fort Worth, Texas. 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 Parks and Community Services Department (PACSD) 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 Park shall mean only that portion of the dedicated public park known as Mallard Cove Park identified in Exhibit "A" of this Agreement, attached hereto and hereby made a part of this Agreement for all purposes. Person shall mean, without limitation, an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a join venture, a business trust or any other forin or business entity or association. Pipeline shall mean that certain thirty (30") inch nominal diameter steel pipeline for an approximate total distance of 2344.10 feet and other facilities approved by the Director that are installed by Company in the Park 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 Park 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 over, under, along and across the Park (ii) transport Gas through the portions of its Pipeline in, over, under, along and across the Park as depicted Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 2 of 23 in Exhibit "A". 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 Park 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 same license that is solely within the discretion of the City, if a dispute arises as to priority of the use of the Park, 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 Park 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 Park, 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 Park, 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 Park. 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 Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 3 of 23 construction contract or construction project that will be performed by the contractor in the Parlc. 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 Park for the Term of this Agreement the sum of $107,828.60 ("License Fee"). Company hereby acknowledges and agrees that the amount of this License Fee constitutes just and reasonable compensation to the City for Company's use of the Park. 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. Company shall reimburse the City for publication of this Agreement as required by the City's Charter. 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. Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 4 of 23 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. Company is obligated to construct, operate and maintain the Pipeline 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, Section 192 and as adopted and modified by the Texas Railroad Commission and 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 PARK. 61 Construction Schedule Company shall meet with appropriate City staff for the purposes of a Pipeline pre - construction meeting at least three (3) business days prior to initiating construction. Construction of the Pipeline shall commence within sixty (60) days of execution of this Agreement and be completed and inspected within thirty (30) calendar days of commencement of the work. 6.2. Compliance with Laws, Ordinances, Rules and Regulations. The City has the right to control and regulate the use of the Park and other dedicated parks, 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. 6.3. 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 Park by the City and the public. If the City reasonably determines that the Pipeline does place an undue burden on any portion of the Park, 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. 6.4. 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 Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 5 of 23 the Park, 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 Park 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. Company will take all reasonable planning to minimize har-rn to Mallard Cove and shall comply with conditions as set forth below: 6.4.1 The pipeline will enter the Park by open trench method from property located to the west of the Park. No disturbance of trees shall be allowed along the areas identified to be protected in a tree survey (Exhibit "B"). Tree protection fencing where required shall be chain link temporary fencing and shall be set at the drip line of the trees identified for protection in Exhibit "B". A field inspection of tree protection measures shall been done by a PACSD agent during the preconstuction meeting to ensure the preservation of trees. Damage to trees shall be assessed as described in Section 6.4.9. 6.4.2 All open trenches and work areas are to be fenced with orange vinyl fencing. The fencing shall be installed along the perimeter boundaries of temporary work space. The orange vinyl fencing shall remain in place until repairs have been made by the Company and inspected by the PACSD. All boring occurring as indicated shall be at a minimum of eight (8) feet. For all open trenches, for the Park, the pipe shall be buried a minimum of four (4) feet fiom the top of the Pipeline. The City shall have the right, but not the obligation to have an inspector, present to verify the buried depth of the Pipeline. 6.4.3 Company shall specify work areas prior to construction and survey and stake said areas, notating the centerline and boundaries of the work areas as agreed upon at the pre -construction meeting held in accordance with section 6.1. 6.4.4. Travel outside of the designated areas shall not be permitted. The temporary access road as depicted on Exhibit "A" shall only be used during construction. Once all construction has commenced the area shall be restored bladed smooth to remove all ruts and rock from the road. A weed barrier shall be applied for the base of the road bed with four inches of one inch gravel applied on top. The width of the road shall be not wider than ten (10) feet. The Company shall have access to the park from the temporary access road with a one ton pickup truck to monitor the pipeline. All other access for maintenance shall be restricted to the licensed area. Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 6 of 23 6.4.5 Trenches shall be compacted to 90% Standard Proctor Density (S.S.T.M. D698). Copies of all density testing shall be provided to a PACSD agent. During initial construction, the trenching shall be double -ditching done in such a manner so that the top twelve (12) inches of soil will be separated from the balance of the dirt removed in making the ditch or trench for installation of the Pipeline. In backfilling, after installation of the line, the topsoil first removed shall be used as cover soil in such manner so as to result in it being returned to the top of the ditch as topsoil. 6.4.6 Company will replant, reseed and water the areas disturbed by the installation of the Pipeline and stringing area for the pipeline, as many times as necessary until a stand of grass comparable to that which was originally in place before the disturbance is root established and accepted by the PACSD agent (generally for a period of two mowing cycles). Restoration of surface areas disturbed shall be seeded with native seed mix and #419 Bermuda for all other areas; however, modification of seeding material may be approved by PACSD. Company shall stockpile the excavated soil from the pipeline construction and shall place said soil in the areas to be reseeded. No importing of outside soil shall be allowed nor shall fertilizers be permitted. All rocks shall be removed from the soil greater than one inch and the soil shall be raked smooth prior to planting. Have the PACSD inspect the grading prior to planting. 6.4.7 Area of construction adjacent to the existing overflow storage pond. The Company shall have no equipment in the pond with the exception of the equipment needed to excavate and construct the diversion dike as indicated on the attached Exhibit "B". Such equipment to construct the diversion dike shall be allowed to only make one pass through the pond. If the construction sequences are not followed as described herein and as described on the attached Exhibit "B", the Company shall be subject to a fine not to exceed a $1,000.00 per day until pond is restored. The pond area shall be restored to the back to the original grade and 90% compaction. Area of Construction Crossing the Drainage Channel The Company shall follow the requirements outlined on Exhibit "C". The area being constructed for the crossing shall be established prior to construction of the Pipeline for the crossing and darn and access road shall be immediately removed once the Pipeline is installed. Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 7 of 23 6.5. Damage to Trees. The City Forester shall have the right to inspect any trees located on the Park for damage by Company and will assess trees for slight, moderate or severe damage as described below. 6.5.1 Slight Damage Slight damage shall be defined as damage, in the opinion of the City Forester, that may heal, examples include but are not limited to scaring of the trunk into the cambial layer one-half (1/2) inch to two (2) inches in width but less than one-third (1/3) trunk circumference or breaking of limbs less than two (2) inches in diameter or limbs less than one-third (1/3) trunk caliper whichever is less. Slight damages shall be assessed at a rate of $100.00 for each instance of slight damage to tree(s). 6.5.2. Moderate Damage: Moderate damage shall be defined as that damage, in the opinion of the City Forester, contributes to the poor health and reduced longevity of the tree examples would include but are not limited to scaring of the trunk into the cambial layer greater than two (2) inches but less than one-third (1/3) the trunk circumference or breaking of limbs more than two (2) inches in diameter but less than one-third 1/3) trunk caliper. Moderate damages shall be assessed at a rate of one-half (1 /2) the assessed value of the tree for trees over twenty (20) inches in caliper per each instance of damage (see attached tree survey Exhibit "C") or $300 per caliper inch per instance of damage which ever is greater; for trees less than twenty (20) inches the fee shall be $300.00 per caliper inch for each instance of moderate damage to tree(s). 6.5.3. Severe Damage Severe damage shall be defined as damage, in the opinion of the City Forester, that includes scaring of the trunk to the cambial layer greater than one-third (1/3) the trunk circumference, uprooting or causing a tree to lean, damage to a scaffolding branch or branch greater than one-third (1/3) of trunk caliper and shall also include the removal of any tree. Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back to according to ANSI standards. Tree caliper shall be measured according to accepted industry standards. Trees greater than six (6) inches in caliper shall be measured using diameter at breast height (DBH). Severe damage or removal of trees is subject to penalties as follows: for tree(s) less than twenty-five (25) inches or less in caliper shall pay the appraised value trees removed or damaged; for tree(s) greater than twenty-five (25) inches in caliper shall pay double the appraised value for trees removed or damaged (see Tree Survey Exhibit "C"). Company shall make payment for such damages and must install replacement trees for severely damaged trees at a location to be designated by PACSD. Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 8 of 23 Replacement shall be made on caliper inch per caliper inch basis with a minimuin size of replacement tree of two (2) inches in caliper. Company shall be responsible for the planting watering, mulching and maintenance of replacement trees for a period of not less than two (2) years. Any tree that does not survive the two (2) year establishment period shall be compensated for by the Company at a rate of $200 per caliper inch. 6.6. "As -Built" Plans and Maps. 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. 6.7. 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, Section 192 and as adopted and modified by the Texas Railroad Commission. 6.8. Marking of Pipeline. The Pipeline shall be marked 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, Section 192 and as adopted and modified by the Texas Railroad Commission, which shall show conspicuously Company's name and a toll -free telephone number of Company that a Person may call for assistance. 6.9. Surface Excavation and Additional Fees. The City shall have the right to coordinate all excavation work in the Park in a manner that is consistent with and convenient for the implementation of the City's program for public dedicated open space. In order to preserve the integrity of the Park, Company shall not cut, excavate or otherwise breach or damage the surface of the Park. 6.10. 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, discomlect or relocate to another portion of the Park all or any portion of its Pipeline due to street or other public excavation, construction, repair, grading, re -grading or traffic conditions; the Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 9 of 23 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 welfare. If Company reasonably requires more than forty-five (45) days to comply with the City's written request, it shall notify the PACSD in writing and the City will work in good faith with Company to negotiate a workable time frame. 6.11. Restoration of Park, Public Rights -of --Way and Public/Private Property. Company, at Company's sole cost and expense, and in a manner approved by the City, shall promptly restore any portion of the Park, Public Rights of Way, or other City - 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. Unless otherwise specified in this Agreement, 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. 6.12. Emergencies. 6.12.1. Work by the City. For purposes of this Section 6.12, 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. Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 10 of 23 6.12.2. Work by or on Behalf of Company. In the event of an emergency directly that involves that portion of the Pipeline located in the Park 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. After the emergency has passed, Company shall apply for and obtain a construction permit from the Director and otherwise fully comply with the requirements of this Agreement. 6.13. Removal of Pipeline. Upon the revocation, termination or expiration without extension or renewal of this Agreement, Company's right to use the Park under this Agreement shall cease and Company shall immediately discontinue the transportation of Gas in or through the Park. 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 Park(or cap and leave the Pipeline in place, if consented to by the City), in accordance with applicable laws and regulations. If Company has not removed all of the Pipeline in the Park, (or capped the Pipeline and left in place, 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 Park 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 and leaving in place) 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, Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 11 of 23 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 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 PARK 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, A GENTS, 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 (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 ACT(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 PARK; (ii) COMPANY IS SATISFIED WITH THE CONDITION OF THE PARK; AND (in) COMPANY HAS BEEN FULLY ADVISED )FITS OWN RIGHTS WITHOUT RELIANCE UPON ANY REPRESENTATION MADE BY THE CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 12 of 23 CONTRACTORS, SUBCONTRACTORS, COMMISSIONS, BOARDS OR VOLUNTEERS. COMPANY HEREBY UNDERTAKES AND ASSUMES, FOR AND ON BEHALF OF COMPANY, ITS OFFICERS, AGENTS, CONTRACTORS, SUBCONTRACTORS AND EMPLOYEES, ALL RISK OF DANGEROUS CONDITIONS, IF ANY, ON OR ABOUT THE PARK. ALTHOUGH, TO THE BEST OF THE CITY'S KNOWLEDGE, THE PARK COMPLIES 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 COMPAN) A T 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 Park 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. Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 13 of 23 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. • 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 reconnmendation 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. Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 14 of 23 8.4. Deductibles. Deductible or self -insured retention limits on any life of coverage required herein shall not exceed $1,000,000 in the anrival 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 be construed or affected 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;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. Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page I S of 23 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. 10. UNCURED DEFAULTS AND REMEDIES. 10.1. Notice of Default and Opuortunity 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, such Event of Default shall be deemed an Uncured Default and the City shall have the right to tenninate 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 occun•ence 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.E Termination of Agreement. Upon the occurrence of an Uncured Default, the City may tenninate 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 Park 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 Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 16 of 23 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. 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 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. 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 Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 17 of 23 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. 13. ASSIGNMENT PROHIBITED. Company may not assign or otherwise transfer any of its rights or obligations under thus 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 assigmnent, 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: City of Fort Worth Parks and Community Services Director 1000 Throckrmorton Fort Worth, TX 76102 with a copy to: City of Fort Worth Department of Law Attn: Attorney for Parks and Community Services 1000 Throckrnorton Fort Worth, TX 76102 To COMPANY: Enterprise Texas Pipeline, LLC Marc Tausend, Agent and Attorney in Fact 1100 Louisiana, Suite 1000 Houston, Texas 77002 with a copy to: Enterprise Texas Pipeline, LLC 4150 International Plaza, Suite 800 Fort Worth, Texas 76109 Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 18 of 23 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 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 teen 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 Mallard Cove Park, 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 Mallard Cove Park, 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. Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 19 of 23 2ve F-ORC W1AJLiTlKE. 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, C ompany's non performance shall be deemed excused for the period or such inability. Causes or eventsthatare. not .within .the Company's control shall include, but not be limited to, acts of God, sMikes. sabotage, huts ui eivil uistuibances, lailure or hiss Oi utillUes, explosions anu natural disasters. 21. 1T�ADII�IG� NOT CAI�TTROII.il�G. rieadings 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. �NTIDLTY DF ADRLEI�ILNT. phis Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein b_y 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 his Agreement. lijus Ar eement snail not die amenueu unless agieeu to iii Whiting by both parties and approved by the City Council of the City. ��,CUTLD as of the later -date below: CI 1 �' DjF FDJ�T VVU>!d T 1�; Ey Assistant City IVlanager Date: 1Assistant -City Attorney In TA LN'I`LI�' TLXA� 1'IP'IELIN�, L.L.C. By: /Z � Marc Tausend Agent and Attorney in fact for Enterprise Texas Pipeline, LLC AND LEGALITY: Attested byo Msxt y T T : T AA..I L.�.1 f'....:. f t Page 20 of 23 City SeGret�ry T. WORTH, TX T1 STA If jl [v � lC�% 0 �:'OUNT�I 011+ TAIt�,�1i�IT This instrument was ackiwwWagetl before me on this 7 rlay of , 201( by !Akrtej 0•640'ofS Assistant City Manager of the City of Fort W-orth, Texa , a municipal corporation, on behalf of the tarty of Fort Worth, 'Texas. MAiiIA S. SANCHEZ / /� , My COMMISSION EXPIRES Oacember 14, 2013 7Notqky Public, State of Texas Printers Nnmek• -lily -commission-expir-es: ACKNOWV,�;I�c�I`�lTi �+,�TT T�.�TAT� -OF TEAS § OUNTY OF TARRANT § T1us instrument was acknowledged before me on this��ilay of �i 0� , 2010, by Marc Tause-nd, Agent ,and Attorney in fact for Enterprise Texas Pipeline, LLC, a Texas limited liability company, on behalf of said compaj SCHERI N. SCHMIDT Notary Public, State of Texas My Commission Expires August 03, 2011 My -commission -expires: i�t 1Vly commission number: I D►: ai I-" Company may only use approximately 23".10 linear feet crossing Park as depicted on the attached exhibits: Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 22 of 23 EXHIBIT "A" sheet 1-5, sheet 1-6 & sheet 1-4 EXHIBIT ` 3 sheet 1-2 EXHIBIT "C" sheet 1-1 Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park Page 23 of 23 EXHIBIT "All G VOLUME G, PAGE TARRANT COUNTY TEXAS P I FOUND O WILLIAM MORRIS SURVEY ABSTRACT N04 105Z & DEED UNE @ ! ROD (I.R.) , t7.TS. NOT To scALE WILLIAM MASTERS SURVEY, ABSTRACT NO. 1048 UC, LICENSE P.R.T,C.T. PLAT RECORDS OF TARRANT COUNTY, TEXAS O.P.R.TC.T. OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS RP,R.T.C.T. REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS O BASEUNE—NDTHING FOUND OR SET TX-—DOI6.00Do h TX—TR-00 .00000 CITY OF FORT WORTH DOC. D203060189 \e\ O.P.R.T.C.T. 0 ISO aoD SCALE: I*= 300' I& U1 Tx-TR—o02D.oppoo aTY of FORT MORTN CAL. KOO ACRESIS6i0 DOC. D2040 L Notes: SEE DETAIL "B". SEE SHEET 2 OF 5 SEE DETAIL "A" SEE SHEET 2 of 5 n DSED 7MG5 PIPEIJNE 33'� SANITARY LINE i. The ownership of the subject trac#, shown hereon, is boxed upon a Limited Tale Certificate (L.LC.), prepared for Tract No. IA—TR-0016.00000 & 0019100000, Dated 12-30, 2008, and prepared by representatives of Enterprise Texas Pipeline LLC. No other research was performed by the undersigned surveyor. The LT.C. referenced above, lists only those license areas of record that were executed during the time of the limited search period, (25 years), which are not shown hereon. 2 All bearings and distances shown hereon are bused upon the Texas State Plane Coordinate System, North Central Zone, North American Datum of 1983, US Survey feet, as derived from n r:In6ril P..°»t...,t.... PANT OF PIPELINES �APPROxIMATE LOCAl10H OF ABSTRACT SURVEY LME � DRAkN JW DATE OeJ03/OD -- CHECKED KE DA1E 2/„/1p APP'D Esw DATE 2J„J,p Enterprise Texas Pipeline LLC ;REV1 41�w3WI SHEET 1 Or 5 OESC- v eDRe ,Es ANo Ars�rGUILEINTERSTATE °'�'�'r� ,U� ENGINEERING375 �'°xv4R"W° �a TBPE RN'FTEXAS 2B 0 POINT OF BEGINNING FOR BASELINE :E DETAIL "C" SEE SHEET 2 OF 5 CITY OF FORT WORTH STANCE ACROSS PROPERTY: 13t)5.3' 7.60 ACRE EMPORARYI WORKSPACE: 048 ACRES ADDITIONAL WORKSPACE: 0.22 ACRES ORAM,NO N0, REV. TX—TR-0016.00000 6 DRAWN JUA CHECKED KE APP'P E554 SCALE N.T.S. EXHIBIT "A" I ARRANT COUNTY, TEXAS WILLIAM MORRIS SURVEY, ABSTRACT NO, 1053 & WILLIAM MASTERS SURVEY, ABSTRACT NO. 1048 DETAIL "B" DETAIL "C" N.T.S. N.T.S. 2/17/10 s/17/w 2 DF 5 Enterprise Texas Pipeline LLC 'ATE ♦a , 4 / f I. 1 /1 I11/1 11 /11/1 DRAYANG ND. REV TX-TR-0016.00000 6 EXHIBIT "A" ENTERPRISE TEXAS PIPELINE LLC TARRANT COUNTY, TEXAS LW SURVEY JOB NO. 50512 CITY OF FORT WORTH TRACT NO. TX-TR-0016400000 & TX-TR-0019.00000 DESCRIPTION OF A TWENTY (20) FEET WIDE LICENSE AREA UPON THE PROPERTY OF THE CITY OF FORT WORTH DESCRIPTION OF A TWENTY (20) FEET WIDE LICENSE AREA IN THE WILLIAM MORRIS SURVEY, ABSTRACT 1053 AND THE WILLIAM MASTERS SURVEY, ABSTRACT 1048, CITY OF FORT WORTH, TARRANT COUNTY TEXAS, AND BEING UPON, OVER, THROUGH, AND ACROSS A PORTION OF THAT TRACT OF LAND DESCRIBED IN AND CONVEYED TO THE CITY OF FORT WORTH BY INSTRUMENT RECORDED UNDER DOCUMENT NO, D203060189 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS (O.P.R.T.C.T.), REFERRED TO HEREINAFTER AS THE "ABOVE REFERENCED TRACT OF LAND". SAID LICENSE AREA BEING SITUATED TEN (10) FEET NORTH OF AND SOUTH OF THE HEREIN DESCRIBED BASELINE, THE SIDELINES OF SAID LICENSE AREA TO BE PROLONGED OR SHORTENED TO TERMINATE ON THE WEST LINE AND THE EAST LINE OF THE ABOVE REFERENCED TRACT OF LAND. THE BEARINGS AND DISTANCES HEREIN BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983, US SURVEY FEET, AS DERIVED FROM A GLOBAL POSITIONING SYSTEM SURVEY, PERFORMED BY LW SURVEY, ENGINEERING, AND DESIGN COMPANY IN JUNE 2009. SAID BASELINE IS DESCRIBED AS FOLLOWS. COMMENCING at a '/a inch iron found for the northeast corner of the above referenced tract of land; THENCE South 00°29' 16" East, along the east line of the above referenced tract of land, a distance of 584.9 feet to the POINT OF BEGINNING of the herein described baseline; THENCE North 64°25'23" West, a distance of 58.9 feet; SHEET 3 OF 5 THENCE North 83°0938 West, a distance of 62.6 feet, THENCE South 77°40S6 West, a distance of 309.2 feet; THENCE South 89°59' I5" West, a distance of 300.1 feat; THENCE South 72°50'S0" West, a distance of481.7 feet; THENCE South 77°18'33" Vilest, a distance of 42.8 feet to the west line of the above referenced tract of land and the POINT OF TERMINATION of the herein described baseline, from which a 5/8 inch iron rod stamped with "SURVCON INC" found for the southwest corner of the above referenced tract of land bears South 010 15' 26" East, a distance of 286.2 feet, said baseline having a total length of 1305.3 feet, said License Area containing 0.60 acre of land, more or less. TEMPORARY WORD SPACE That part of the above referenced tract of land lying seventy (70) feet north of and parallel with the northerly sideline of the above described License Area, containing 1.48 acres of land, more or less. ADDITIONAL WORK SPACE That part of the above referenced tract of land described as follows: BEGINNING at the northwesterly confer for the previously described Temporary Work Space; THENCE North 72°5050" East, a distance of 190.0 feet, along the northerly sideline of the previously described Temporary Work Space; - THENCE North 17°09' I O" West, a distance of 50,0 feet; THENCE South 72°50'50" West, a distance of 190.0 feet; THENCE Soutlt 17°09'10" East, a distance of 50.0 feet to the POINT OF BEGINNING, containing 0.22 acre of land, more or less. SHEET 4 OF 5 For reference and further information see Dwg. No. TX-TR-0016.00000, prepared by LW Survey, Engineering, and Design Company, same date. If this description and accompanyuig plat are not sealed with the raised embossing seal of tine.R.F.L.S. whose signature appears below, it should be considered as a copy and not the original. cuFnT 5 OF 5 7 XO EXHIBIT "A" , L FUME TARRANT COUNTY, TEXAS O OD FOUN WILLIAM MORRIS SURVEY, ABSTRACT NO. IRON r ROD (I.R,) 1053 4�C N.T.S. N�TON CALF WILLIAM MASTER SURVEY, ABSTRACT NO. 1048 LFC, uOFN5E P,R,T.C.T. PLAT RECORDS OF TARRANT COUNTY, TEXAS FND. 5/r I.R. O.RT.C,T. DEED RECORDS OF TARRANT COUNTY, TEXAS NO CAP O.P.RT,C.T. OFFICIAL PU81JC RECORDS OF TARRANT COUNTY, TEXAS RP.R.T.C.T. REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS p BASELINE-NOTNINO FOUND OR SET FND. 5/8` I.R. W/CAP STAMPID SURVCON INC 9 P n Tx-TR-OD20.00DDO CITY OF FORT WORTH 14.00 ACRES DOC. D204013640 O.P.R.T.C.T. R � R FND. 5 I.R. W/CAP STAAfP SURVOON INC TX—TR—D022.00D0O CITY OF FORT WORTH CALL 86.06 ACRES VOL, 4384 PG, 104 Notes: D. R. T. C. T. 7x— TR— 0 021.0 0 0 00 CITY OF FOR WORT}{ DOC. D204111643 TRACT 1 CALL 9,769 ACRES POINT QF Tr7tMINATION SEE DETAIL "A` SHFET 2 of e 50' ACCESS EASEMENT Doc, D2oso6ales - (VOL 16405 PC. T26) D.R.T-C.T- i. The ownership of the subject tract, shown hereon, is based upon o Limited Title Certificate (L.7.C.), prepared for Tract No. 1X—TR-0020.00000, Dated 12-30, 2008, and prepared by representatives of Enterprise Texas Pipeline LIC. No other research was performed by the undersigned surveyor, The L.T.C. referenced above, lists only those license areas of record that were executed during the time of the limited search period, (25 years), which are not shown hereon. 2, All bearings and distances shown hereon are hosed upon the Texas State Plane Coordinate System, North Central Zone, North American Datum of 1983, US Survey Feet, as derived from a Global Positioninn RwI`PM s„F,,.0 "r,.".,,..,wl DRAWN ,.TAI DATE CHECKED KE DATE APPb ESw DATE .G /18/10 I/IB/10 1 OF 6 � mAT/lo A6101E � ImTN JOD ND. 1J75 CLIENT: enrupw-rew P,paro ua FND. I DOD Enterprise Texas Pipeline LLC HOUsroN, rEXAs TBPE RN F-2830 D 100 200 SCALE 1"a 200' TX—TRe0016.00000 & TX—TR-0019,000DO CITY OF FORT WORTH DOG. N0. 0203060189 O.P,R.T.C.T. 0 J 20' WIDE LIC. AREA POINT OF BEGINNING :E DETAIL "B" INCRESS/ECRESS TELIP. EA5EMEN7 SHE71 J OF 6 I.R. W//CAP AMPED SURVC6N INC POINT OF COMMENCEMENT CITY OF FORT WORTH NCE ACROSS PROPERTY: LICENSE AREA; TEMPORARY WORKSPACE: 212.3' 0.10 ACRE 0,34 ACRE low •7 • yr . ��.•.� DRAWING N0. TX-TR-0020.00000 REY. 7 EXHIBIT "A" IARRANICOUNTY,TEXAS WILLIAM MORRIS SURVEY, ABSTRACT NO. 1053 Sc WILLIAM MASTER SURVEY, ABSTRACT NO. 1048, N tx-t 0 2D.00000 CITY OF FORT WORTH 4,00 ACRES DOC. D204013640 to O.P,T.C.T. NDIy4'3i'W, 2D.4' tEXAS u�ostREAu cAs stmtcEs, LLC. (25' W. UCENS£ AREA iCR 20' CAS PIPEUNa; 2342.44' D7 LENGTH) 000, D208443627 O,R.lat D�t3t�4+>•[7,� N.r.S �STIEEr 2 0!: 6 NE5CP P PtPt1i D P�osxttCEY fy1cRWoaR3���io " ¢ E�asr. 33Y sANn 25' GCENSE AREA Doc. 21 ORIpNAI i0' uCETJSE AREA D.R,t'.C.T. n r n t00D NAIL DETAIL "A" N.T.S. Enterprise Texas Pipeline LLC DRAYANO N0. LINE, izD3 (Pu>j, 3320 PG eS7 PgNT Of SOlyb'26'E, 2G4' PgNT OF COMMENCEMENT BASELINE fND. bf8' LR. W//CAP STAAIPEO SVRVCON INC TX-TR-0020.00000 REV. 7 EXHIBIT "A" I Am" I COUNTY, TEXAS WILLIAM MORRIS SURVEY, ABSTRACT NO. 1053 & WILLIAM MASTER SURVEY, ABSTRACT NO. 1048 N77 18'33'E• 20.4' Ila or TX-'1R-DD2G.Ot)OQD ( I 10 CITY OF FORT WORTH 14.00 ACRES DOC. D204013640 O.P.T.C.T. I a �I gl 20' WIDE INGRESS/EGRESS I 1 TEMPORARY EASEMENT 7*840.8 SQ. FT. I 0.18 AC. 1 / L=66.2' /'�' / R=190.00 / ! l La97.5' bw26'36'04' / ll Rd210.00 CHB=N1279113'E / ! 6=28'38'04' CL=87.4' / / J CHO�S12'1913'W / CL=96.6' / / /� / / // 50' ACCESS EASEMENT / / / \ FND. 5/8' LR. W/CAP ip DOC. 0103050188 / p / / STAMPED SURVCON INC I (VOL 16405 PG. 128) / j' DJLT.C.T. Ak FW I I / zo• N88'30'2D'E• FND. 1...L 521.1' POINT OF POINT Of COMMENCEMENT BEGINNING SBS•3D'20'W. INGRESS/EGRESS INGRESS/EGRESS 22.5' TEMP, EASEMENT TEMP. EASEMENT DETAIL "B" N.T.S. DRAWN .A.M DATE 07/25/09 LICENSE AREA PLAT CHECKED KE DATE 1/13/10 APP'D ESW DATE 1/18/10 Enterprise Texas Pipeline LLC IJCENSE AREA KALE N.T.S. SHEET 3 OF b .CROSSING PROPERTY OF REV/ DATE DESC. CITY OF FORT WORTH 6 D2/11/IDREV. /E�RD. C GULF INTERSTATE�. No. TX—TR-402o.00000 7 OS/17/f0 R81D'rE 1ws. FlC tiO1H ENGINEERING DRAWING NO. JOB N0. 1376 CLIENT. enm.ynaoramapipornaLLc HOUSTON, TEXAS TX—TR-0020.00000 TBPE RN F-2830 REV. 7 EXHIBIT "A" ENTERPRISE TEXAS PIPELINE LLC TARRANT COUNTY, TEXAS LW SURVEY JOB NO. 50512 CITY OF FORT WORTH TRACT NO, TX-TR-0020.00000 DESCRIPTION OF A TWENTY (20) FEET WIDE LICENSE AREA UPON THE PROPERTY OF THE CITY OF FORT WORTH DESCRIPTION OF A TWENTY {20) FEET WIDE LICENSE AREA IN THE WILLIAM MORRIS SURVEY, ABSTRACT 1053 AND THE WILLIAM MASTER SURVEY, ABSTRACT 1048, CITY OF FORT WORTH, TARRANT COUNTY TEXAS, ALSO KNOWN AS LOT l A I D TRINITY CANAL INDUSTRIAL PARK ADDITION, AND BEING UPON, OVER, THROUGH, AND ACROSS A PORTION OF THAT TRACT OF LAND DESCRIBED IN AND CONVEYED TO THE CITY OF FORT WORTH BY INSTRUMENT RECORDED UNDER DOCUMENT NO, 3204013640 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS (O.P.R.T.C.T.), REFERRED TO HEREINAFTER AS THE "ABOVE REFERENCED TRACT OF LAND". SAID LICENSE AREA BEING THAT PART OF THE ABOVE REFERENCED TRACT OF LAND LYING TEN (10) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED BASELINE, THE SIDE LINES OF SAID LICENSE AREA TO BE PROLONGED OR SHORTENED TO TERMINATE ON THE DEED LINES OF THE ABOVE REFERENCED TRACT OF LAND. ALL BEARINGS AND DISTANCES HEREIN ARE BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983, US SURVEY FEET, AS DERIVED FROM A GLOBAL POSITIONING SYSTEM SURVEY IN JULY 2009 PERFORMED BY LW SURVEY, ENGINEERING, AND DESIGN COMPANY. SAID BASELINE IS DESCRIBED AS FOLLOWS: COMMENCING at a 5/8 inch iron rod with can stamped "SURVCO'NJ INC" found on the easterly deed line of the above referenced tract of land, said corner also being common to the southwesterly corner of that certain called 33.500 acres tract of land transferred to the City of Fort Worth and recorded as Document No. D203060189, Official Public Records of Tarrant County, Texas; SHEET 4 OF 6 THE,PdCE rdortl� 01 ° 15'26" %Jest, a distance of 286.2 feet along said easterly line of the above referenced tract of land, to the POINT OF BEGINNING; THENCE South 77° 1$'33" West, a distance of 212.3 feet to the westerly deed line of the above referenced tract of land and the POINT OF TERMINATION of herein described baseline, from which a 100d nail, found marking the most southerly southwesterly corner for the above referenced tract of land, bears South 01, 14' 31" East, a distance of 336.9 feet. The said License Area contains 0.10 acres of land, more or less. TEMPORARY WORK SPACE A 70 feet wide strip of land adjoining, lying northerly of and being parallel to the nortberly side of said License Area, containing 0.34 acre of land, more or less. TWENTY !20) FEET WIDE INGRESS/EGRESS TEMPORARY EASEMENT COMMEVCING at a 100 D nail found for the mast southwesterly corner of the above referenced tract of lance, THENCE North 88°30'20" East, a distance of 521.1 feet along the southerly deed line of the above referenced tract of land to the POINT OF BEGINNNING of herein described Ingress/Egress Temporary Easement, THENCE North 25037' 14" East, a distance of 127.0 feet to the beginning of a 190.0 feet tangential curve to the left; THENCE along said curve a distance 88.2 feet through a central angle of 26°36'04"; THENCE North 00°58'49" West, a distance of 165.1 feet to the southerly line of the previously described License Area; THENCE North 77° 18'33" East, a distance of 20.4 feet along said southerly line; THENCE South 00458'49" East, a distance of 169.3 feet to the beginning of a 210.0 feet radius curve to the right; SH1ET 5 OF 6 THENCE along said curve a distance 97.5 feet through a central angle of 26°36'04' ; THENCE South 25°37'14" West, a distance of 116.8 feet to the southerly deed line of the above referenced tract of land; THENCE South 88°30'20" Wcst, a distance of 22.5 feet along said southerly deed line to the POINT OF BEGINNING of herein described Ingress/Egress Temporary Easement, containing 0.18 acre of land, more or less; For reference and further information see Dwg. No. TX-TR-0020.00OQO, prepared by LW Survey, Engineering, and Design Company, same date. If this description and accompanying plat are not sealed with the raised embossing seal of the R.P.L.S. whose signature appears below, it should be considered as a copy and not the original. SHEET 6 OF 6 EXHIBIT "A" VOL. VOLUME I ARRAN I COUNTY, TEXAS PQ PAGE Flm. FOUND ) R. IRON R00 (iWILLIAM MORRIS SURVEY, ABSTRACT N0. 1053 & ® . yy OEM LINE WILLIAM MASTER SURVEY, ABSTRACT NO, 104$ t1. AS, NOWT TO SCALE SE P.R.LQT. PLAT RECORDS OF TARRANT COUNTY, 1EX S O.P.R,T.QT. OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS TX—TR-0020.00DD0 R,P.R.T.C.T. REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS �� 0 BASELNE-NOTHNG FOUND OR SET CITY OF FORT WORTH CALL 14,00 ACRES DOC. 0204111643 FND, 5/E' I.R. W/CAP STAMPED SURVCON INC TX—TR-0022,00000 iO Q BA;MJNLQ RETENTION D too 200 0 �i�iDE PONb CITY OF FORT WORTH I U NSE EA SCALE: t`+ 200' CALL 84 P ACRES POINT OF VOL *RwT PG* 104 MW12 BEGINNING D.R.T.C.T. Nr 0 TX—TR-0020.00000 POINT OF �~ _ TERMINATION te'33`w 279•7 , # CITY OF FORT WORTH TREES TO BE SAVED N38'20'44'ty,,,` CALL 14.00 ACRES 44!2r PECAN 23' LT., S DETAIL s+e•a' 5 T DOC,2040t3640 2Y PECAN 39 5 LT, SEE SHEET 2 of 5 "g O.R,T.C.T. 0 EXIST. 70' TMGS PIPE1.tN[5 (NEST FORK PIPELINE COMPANY C.P., L.G UNDERGROUND PIPELINE LICENSE AGREEMENT REFERENCE ND. C-20710, CITY SECRETARY CONTRACT N04 32103, APPROVED BY COUNCIL 5/03/2005) Notes: PROP. 2D' 7MGS P.L. 1. The ownership of the subject tract, shown hereon, Is based upon o Limited Title Certificate (L.T.C.), prepared for Tract No. IA— TR-0021.00000, Dated 12-30, 2008, and repaired by representatives of Enterprise Texas Pipeline I.L.C. No other research was performed by the undersigned surveyor. The L.T.C. referenced above, lists only those cerise areas of record that were executed during the time of the limited search period, (25 years), which ore not shown hereon, 2. All bearings and distances shown hereon are based upon the Texas State Plane Coordinate System, North Central i!one, North American Datum of 1983, US Survey Feet, os ferived from o Global Positioning System Survey performer ty L.W. Survey, Engineering dt Design Company in June ?0090 3. See Sheets 3, 4, and 5 of 5 for description. 4. If this plot and,gccompanying description ore not sealed with the Pdise embossing seal of the Surveyor whose name;�ea elow, it sho I be considered as a copy and e�rigiDai l Edward Stev��I Wrig�it, RPL�No. DRANK AJ,1 PATE 08/01/09 CI1EgCE0 HE DATE H/02/o0 APPro ESW bATE I1/os/og SCALE tam 20D' SHEET t OF 4 REV/ DATE DESO. 5 0IJt7/iD KY, HDD STFW OUT I 8 /N/ID ROIOK TINS, EASE MDTH .10H N0. i375 GLIEtrtt 6nferpr TeW PWNtrfq LL6 7 c� Ebsr. SANITARY UNE -R FNO, 100D NAL POINT OF COMMENCEMENT TX—TR-0021. onnon CITY OF FORT' iNORTH CALLED 9.769 ACRES DOC. D2041141643 0*P.RJ.C.T. Enterprise Texas Pipeline LLC CITY OF FORT WORTH DISTANCE ACROSS PROPERTY: 826,5' LICENSE AREA: 0,38 ACRE TEMPORARY WORK SPACE: 1.33 ACRE LICENSE AREA PLAT DRANiNO NO. REV TX-TR-0021.00000 g DRA/FN J(.M DAiE OS/Ot/Qa CHECKED !CE DATE 19/02/09 APPb ESW DATE Ii/09/Q9 KALE N.T.S. SHEET 2 OF 4 0 CLIENT. ru,t.yneorein.rpeiMuc EXHIBIT "Alt TARRANT COUNTY, TEXAS WILLIAM MORRIS SURVEY, ABSTRACT N0. 1053 & WILLIAM MASTER SURVEY, ABSTRACT N0, 1045 DETAIL "A" N.T.S. Enterprise Texas Pipeline LLC DRAINNG N0. REV TX—TR--0021.00000 8 EXHIBIT ENTERPRISE TEXAS PIPELINE LLC TARRANT COUNTY, TEXAS LW SURVEY JOB NO. 505I2 CITY OF FORT WORTH TRACT NO. TX-TR-0021.00000 DESCRIPTION OF A TWENTY (20) FEET WIDE LICENSE AREA UPON THE PROPERTY OF THE CITY OF FORT WORTH DESCRIPTION OF A TWENTY (20) FEET WIDE LICENSE AREA BEING ON 9.769 ACRES OF LAND SITUATED IN THE WILLIAM MORRIS SURVEY, ABSTRACT NO. 1053 AND THE WILLIAM MASTER SURVEY, ABSTRACT NO, 1048, CITY OF FORT WORTH, TARRANT COUNTY TEXAS, ALSO KNOWN AS LOT IAIC TRINITY CANAL INDUSTRIAL PARK ADDITION, SAID 9.769 ACRE TRACT BEING DESCRIBED AS TRACT I CONVEYED TO THE CITY OF FORT WORTH IN SPECIAL WARRANTY DEED RECORDED IN CLERK'S FILE NO, D204111643, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS (O.P.R.T.C.T.), REFERRED TO HEREINAFTER AS THE "ABOVE REFERENCED TRACT OF LAND". SAID LICENSED AREA BEING SITUATED TEN (10) FEET NORTHERLY OF AND SOUTHERLY OF THE HEREIN DESCRIBED BASELINE. THE SIDELINES OF SAID LICENSE AREA TO BE PROLONGED OR SHORTENED TO TERMINATE ON THE EAST LINE AND THE WEST LINE OF THE ABOVE REFERENCED TRACT OF LAND, ALL BEARINGS AND DISTANCES HEREIN ARE BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983, US SURVEY FEET, AS DERIVED FROM A GLOBAL POSITIONING SYSTEM SURVEY IN JUNE 2009 PERFORMED BY LW SURVEY, ENGINEERING, AND DESIGN COMPANY. COMMENCING at a 100 D nail found for the southeast corner of the above referenced tract of land; SHEET 3 OF 4 THENCE North O1 °14'31" West, a distance of 336.8 feet along the east line of the above referenced tract of 'land, to the POINT OF BEGIN NU%i0 of the described baseline; THENCE South 77°18'33" West, a distance of 279.7 feet; THENCE North 88°29'44" West, a distance of 546.8 feet to the west line of the above referenced tract of land and the POINT OF TERMINATION of the described baseline, from which a 5/8 inch iron rod with cap stamped "SURVCON INC" found for the northwest corner of the above referenced tract of land bears North 00' 24' 59" West, a distance of 185.6 feet, said Licensed Area containing 0.38 acre of land, more or less. TEMPORARY WORD SPACE That part of the above referenced tract of land lying seventy (70) feet north of and parallel with the northerly sideline of the above described License Area, containing 1.33 acres of land, more or less. For reference and further information see Dwg. No. TX-TR-0021.00000, prepared by LW Survey, Engineering, and Design Company, same date, If this description and accompanying plat are not sealed with the raised embossing seal of the R.P.L.S. whose signature appears below, it should be considered as a copy and not the original. SHEET 4 OF 4 EXIBIT "B" Tree Survey & Construction ,299'X75' DITI OVAL t D -uu�u.uuuuu FORT WORTH[ � BORING TO 14.00 ACRES SAVE PECAN) D204013640 +AND _ TREES TREES T0f SA - 34" PECA 2L i plo i �tIF _ D.P.R.T.C.T. (DK D203060189 D.R.T.C.T.) ADD i9D'X5D' ITIONAL WOR �0' TEMPORARY WORKSPACE BORE AREA TO SAVE '� � fli�.SELINE n s 20' WIDE , +�� TREE VED gtow , • 134a X #;,LICENSE +- AREA J L rt I�iMr1�z � TX-TR 14.00 TX-TR 015.0( MICHAEL E. Md CALLED 8.8850 j DOC, D204195 R.P.R,T.C.T. UNDETERMINED TREES SAVE IF POSSIBLE _V MICRON FII.TFR DISCHARGF PUMPS UTILIZED TO MOVE `.HATER INTO —� OTHER PORTION OF POND. ATWS---..__.--- -- PUMP SILT FENCE (TYPICAL) --� ID C Tree Survey & Construction RECF"ANGLE POND CONSTRUCT EARTHEN DA«M WITH EXISTING SPOI!_ MATERIAL.—� — FLow SAFETY FENCE INSTAI_l_ED AROt ND DR#P LINF. T I o t SII-.T FF_Ncr PIPE SECTIONS WILL BE WELDED IN UPLAND AREAS ONLY, AFTER TRENCHING I5 COMPLETE AND WATER IS PUMPED AROUIND, PIPE SECTION WILL BE LOWERED, IN WITH CGNCRETE BOLT ON UlEIGHTS, AND TRENCH IMMEDIATELY BACKFILLED, DAM WILL BE REMOVED AND BANKS WILL BE RESTORED BACK TO ORIGINAL CONDITION, A PLANT SURVEY WILL BE PROVIDED OF THE DISTURBED AREA. A TOPOGRAPHY SURVEY WI[.L. BE PROVIDFD PRIOR TO CONSTRUCTION. CONSTRUCT30N PROCEDURES: 1, FLAG WETUIND BOUNDARIES PRIOR TO CLEARING. 2, NO REFUELING OF MOBILE EQUIPMENT IS ALLOWED WITH?N 100 FEET OF WETLAND. PLACE NO REFUELING" SIGN POSTS APPROXIMATELY 100 FEET BACK FROM WETLAND BOUNDARY, REFUEL STATIONARY EQUIPMENT AS PER ENTERPRISE SPILL PREVENTION PROCEDURES. 3, INSTALL CEO FABRIC LINER, THEN TIMBER MATS/RIP—RAP THROUGH ENTIRE WETLAND AREA, EQUIPMENT NECESSARY FOR RIGHT—OF-WAY CLEARING MAY MAKE ONE (1) PASS THROUGH THE WETLAND BEFORE MATS ARE INSIALLED, 4, AVOID ADJACENT WETLANDS, INSTALL SEDIMENT BARRIERS (STRAW BALES AND/OR SILT FENCE) AT DOWN SLOPF EDGE OF RIGHT—OF—WAY AND ALONG WETLAND EDGE AS REQUIRED, 5, TOPSOIL STRIPPING SHALL NOT BE REQUIRED IN SATURATED SOIL CONDITIONS, 6. LEAVE HARD PLUGS AT EDGE OF WETLAND UNTIL JUST PRIOR TO TRENCHING, 7. PIP' SECHON MAY HE :`ABRICAIED ON IHF UPIAND AND WALKED iN. 8. TRENCH THROUGH POND, 9. LOWER —IN PIPE, INSTALL TRENCH PLUGS AT WETLAND EDGES AS REQUIRED AND BACKFILL IMMEDIATELY, 10, REMOVE TIMBER MATS AND RIP— RAP FROM WETLANDS UPON COMPLETION, 11. RESTORE GRADE TO NEAR PRE —CONSTRUCTION TOPOGRAPHY, REPLACE TOPSOIL AND INSIALL PERMANENT EROSION CONTROL. SEEDING SHALL BE MAINTAINED UNTIL ESTABLISHED AND ACCEPTED BY PACSD INSPECTION. PACSD INSPECTION SEQUENCE: 1. PRE:—INSPFC:TION PHOTOS Will- BE TAKEN BY PACSD, Z. PACSD INSPECTOR WILL dNSPECT THE POND CRQS'SING PRIOR TO AND DURING MAT AND DAM INSTALLATION, 3. PACSD INSPECTOR WILL PERFORM INSPECTION ENSURING CEOTEC FABRIC IS PROPERLY INSTALLED PRIOR TO MAT INSTALLATION. 4. PACSD INSPECTOR NItL PERFORM INSPECTION DURING MAT REMOVAL.. 5, PACSD INSPECTOR WILL PERFORM RESTORAPON INSPECTION. 6, PACSD WILL PROVIDE A LIST OF APPROVED NATIVE SEED MIX, 7. EPCO WILL PROVIDE PACSD WITH PROCTOR TESTING, (90% STD PROCTOR) DRAWN GDf' DATE 4/19/10 CHECKED SC DATE 4/45/10 APP'D CP (DATE 4/23/10 � SCALL I SHEET i- OF 2 DL� %9/t0. _.+.._UaESC. REY DATE D SS E FOR FERIAIT IJCB NO, 1575 CLIENT: Entorpriso Toms PpoAno IlC Enterprise Texas Pipeline LLC GULFINiERS ENGINEERING HOUSTON, TEXAS TBPE RN F-2830 MALLARD COVE INSTALLATION SKETCH DRAwtNG N0. TX-TR-DET-MALLARD COVE POND REY. U �� co as 'icy \ �9 �s nx \ Pc � Foci\ x �cF\ ENERGY O �� DISSIPATER � � 9�F\ ROCK SCOUR �9y PROTECTION P \ Q i9a` TEMPORARY VEHICLE CROSSING` RETAIN A 10 FT. \ VEGETATIVE BUFFER TO THE EXTENT POSSIBLE \ 36" RCP �o \ PIPELINE *\ TRENCH \ PACSD INSPECTION SEQUENCE: 9y, \ 1. PRE -INSPECTION PHOTOS WILL BE TAKEN BY PACSD. 2, PACSD INSPECTOR WILL INSPECT THE CHANNEL PRIOR TO AND DURING INSTALLATION OF THE MATS AND DAM, PLAN 3, PACSD INSPECTOR WILL PERFORM INSPECTION ENSURING AI T Q GEOTEC FABRIC IS PROPERLY INSTALLED PRIOR TO MAT INSTALLATION. �V J 4. PACSD INSPECTOR WILL PERFORM INSPECTION DURING MAT REMOVAL, 5, PACSD INSPECTOR WILL PERFORM RESTORATION INSPECTION, 6. PACSD WILL PROVIDE A LIST OF APPROVED NATIVE SEED MIX, 7, EPCO WILL PROVIDE PACSD WITH PROCTOR TESTING. (90% STD PROCTOR) FLUME LENGTH WILL BE FIELD DETERMINED `_FLOW DRAWN VMG DATE 2/19/10 CHECKED SC DATE 4/Z3/10 APP'D Cp DATE 4/23/10 SCALE NOTED SHEET 1 OF 1 =V# I DATE I DESC. 0 5/6 /10 ISSUED FOR PERMIT IJOB NO, 1375 CLIENT: Enterprise Texas Pipeline LLC V TEMPORARY VEHICLE ENERGY CROSSING WELL GRADED PIPELINE DISSIPATER GRAVEL TRENCH ROCK SCOUR - PROTECTION 36' RCP FLUME UNDER, IF TRENCH SIDES BECOME \ TEMPORARY VEHICLE UNSTABLE AND COULD CROSSING COLLAPSE. ALLOW TRENCH TO REFILL WITH WATER AND PLACE PIPE UNDERWATER SECTION "AA" N.T.S. Enterprise Texas Pipeline LLC I�jJ ENG NEERINGjAj� HOUSTON, TEXAS TBPE RN F-2830 SILT FENCE TO BE CLOSED AT NIGHT OR DURING RAINFALL CONSTRUCT STABLE -APPROACH ROAD USING CLEAN ROCK, OR COARSE GRAVEL 0 20 40 I I I GRAPHIC SCALE SPOIL �—CONTAINMENT BERM IN DITCH SPOIL 4M CONSTRUCTED OF CLEAN ROCKAND WOVEN SANDBAGS \ 1 KEY INTO BANK \ IF NECESSARY TO SEAL DAM I `TOP OF BANK / STOP OF WATER ` FLOW ._ 80TTOM OF DITCH PROPOSED PIPELINE MALLARD COVE EXHIBIT C ENTERPRISE TEXAS PIPELINE, LLC TRINITY RIVER BASIN LATERAL DRY FLUME DITCH CROSSING DETAILS DRAWING N0. 1 REV TX-TR-MALLARD COVE EXHIBIT Pi 0 SCALE NOTED SHEET 1 OF 1 =V# I DATE I DESC. 0 5/6 /10 ISSUED FOR PERMIT IJOB NO, 1375 CLIENT: Enterprise Texas Pipeline LLC V TEMPORARY VEHICLE ENERGY CROSSING WELL GRADED PIPELINE DISSIPATER GRAVEL TRENCH ROCK SCOUR - PROTECTION 36' RCP FLUME UNDER, IF TRENCH SIDES BECOME \ TEMPORARY VEHICLE UNSTABLE AND COULD CROSSING COLLAPSE. ALLOW TRENCH TO REFILL WITH WATER AND PLACE PIPE UNDERWATER SECTION "AA" N.T.S. Enterprise Texas Pipeline LLC I�jJ ENG NEERINGjAj� HOUSTON, TEXAS TBPE RN F-2830 SILT FENCE TO BE CLOSED AT NIGHT OR DURING RAINFALL CONSTRUCT STABLE -APPROACH ROAD USING CLEAN ROCK, OR COARSE GRAVEL 0 20 40 I I I GRAPHIC SCALE SPOIL �—CONTAINMENT BERM IN DITCH SPOIL 4M CONSTRUCTED OF CLEAN ROCKAND WOVEN SANDBAGS \ 1 KEY INTO BANK \ IF NECESSARY TO SEAL DAM I `TOP OF BANK / STOP OF WATER ` FLOW ._ 80TTOM OF DITCH PROPOSED PIPELINE MALLARD COVE EXHIBIT C ENTERPRISE TEXAS PIPELINE, LLC TRINITY RIVER BASIN LATERAL DRY FLUME DITCH CROSSING DETAILS DRAWING N0. 1 REV TX-TR-MALLARD COVE EXHIBIT Pi 0 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/23/2010 DATE: Tuesday, March 23, 2010 REFERENCE NO.: L-14939 LOG NAME: 80MALLARD COVE PARK GAS PIPELINE III SUBJECT: Conduct a Public Hearing and Authorize the Use of a Portion of the Subsurface of Mallard Cove Park for the Purpose of Installing a Thirty Inch Natural Gas Pipeline and Authorize the Execution of a License Agreement with Enterprise Texas Pipeline, LLC, in the Amount of $107,814.80 (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter 26, Protection of Public Parks and Recreational Lands; 2. Find that no feasible or prudent alternative exists to the use of Mallard Cove Park for the location of the proposed natural gas pipeline; 3. Find that the proposed natural gas pipeline includes all reasonable planning to minimize harm to the parkland and including that the pipeline will be constructed in Mallard Cove Park as specified on the attached exhibits and as noted in the discussion below; 4. Close the public hearing and authorize the City Manager to approve the use of approximately 0.369 acres of dedicated parkland of Mallard Cove Park for the installation of a thirty inch natural gas pipeline; and 5. Authorize the execution of a License Agreement with Enterprise Texas Pipeline, LLC, in the amount of . Mallard Cove Park -Located at 375 Shadow Grass Drive, Mapsco 66L, north o R�indol Mill Road, northwest of Shadow Grass Drive, east of Trinity Court and south of the West ork of the Trinity River, COUNCIL DISTRICT 4. DISCUSSION: The Parks and Community Services Department (PACSD) has been approached by Enterprise Texas Pipeline, LLC, (ETP) to request the approval for the installation of a natural gas pipeline in Mallard Cove Park (MCP). The natural gas pipeline will be transporting gas from Alliance Texas to northern portions of Texas. The proposed alignment would allow fora 30 inch natural gas pipeline beneath Mallard Cove Park. The proposed pipeline will parallel an existing 20 foot West Fork pipeline and Texas Midstream Gas Services, LLC, (TMGS) license agreement area. In addition to the permanent pipeline license agreement area ETP and TMGS are requesting a 20.44 foot by 434.16 foot temporary access easement totaling 8,874.23 square feet, for temporary ingress/egress during construction (see attached exhibit). Logname: 80MALLARD COVE PARK GAS PIPELINE III Page 1 of 2 The location of the pipeline alignment was chosen because the location: 1) has already been encroached upon; 2) is in an undeveloped portion of the park; and 3) the pipeline location takes into consideration the Mallard Cove Park Master Plan. ETP has agreed to maintain a minimum depth of four feet, measured from the top of the pipe. A combination boring and open trench will be used in installing the pipeline. ETP and TMGS have agreed to install both this pipeline and the previously approved pipeline (M&C L-14529) as one project in order to minimize the overall impacts to the park. Staff is recommending as a condition of granting this alignment, that ETP be assessed the recommended standard fee of $46.00 per linear foot of pipeline. This is consistent with fees assessed under the City's current Right -of -Way Use Agreements for installation of non -utility equipment, appliances or appurtenances in the public right-of-way. In this instance, a fee of approximately $107,814.80 will be assessed for approximately 2,343.80 linear feet of pipeline. ETP was made aware of this fee and is agreeable to this assessment. The funds generated from the standard assessment will be distributed in accordance with the Gas Well Revenue Policy. On January 27, 2009, the Parks and Community Services Advisory Board endorsed staff's recommendation that the City Council authorize the use of parkland at MCP for the installation of a natural gas pipeline upon finding that no feasible or prudent alternative exists for the location of the proposed pipeline and that the proposed pipeline includes all reasonable planning to minimize harm to the parkland. In accordance with State law, the public notice was advertised in the Fort Worth Star -Telegram on March 2, 2010, March 9, 2010, and March 16, 2010. An exhibit map was available for public review for 30 days at the PACSD administrative offices located at 4200 South Freeway, Suite 2200. A letter announcing the proposed use was sent to the president of the John T. White Neighborhood Association of East Fort Worth on February 9, 2010. Signage was posted at the site noting the use and providing instructions for directing comments to the Parks and Community Services Department. Staff will note any public comment received during the public hearing Report of City Staff. Mallard Cove Park is located in COUNCIL DISTRICT 4. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that the Parks and Community Services Department is responsible for the collection and deposit of funds due to the City. FUND CENTERS: TO Fund/AccountlCenters FROM Fund/Account/Centers C282 446300 801929990100 $107,814.80 CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Charles Daniels (6183) Richard Zavala (5704) David Creek (5744) ATTACHMENTS 1. Accountina records M&C 80MALLARD COVE PARK GAS PIPELINE Ill.pdf 2. cg 2007 Mallard Cove park M and C map�df (Public) 3. MAYOR AND COUNCIL COMMUNICATION Survey.doc (Public) 4. MAYOR AND COUNCIL construction map 2.doc (Public) 5. MAYOR AND COUNCIL construction map.doc (Public) (CFW Internal) Logname: 80MALLARD COVE PARK GAS PIPELINE III Page 2 of 2