HomeMy WebLinkAboutContract 39397-A1 CITY SECRETARY
""TRACT NO. -
AMENDMENT
TO CITY SECRETARY CONTRACT NO.39397
PIPELINE LICENSE AGREEMENT
This AMENDMENT TO CITY SECRETARY CONTRACT NO. 39397, PIPELINE
LICENSE AGREEMENT is entered into by and between the CITY OF FORT WORTH, a
home rule municipal corporation of the State of Texas located within Tarrant, Denton, and Wise
Counties, Texas (hereinafter referred to as the"City"), and ENERGY TRANSFER FUEL, LP,
a Delaware limited partnership and TEXAS MIDSTREAM GAS SERVICES, L.L.C., an
Oklahoma limited liability company(collectively referred to as "Company").
RECITALS
WHEREAS, the City of Fort Worth ("City") and Energy Transfer Fuel, LP made and
entered into City Secretary Contract No. ("CSC No. 39397") authorized by City Council by M&C
C-23124 on October 14, 2008 to allow the installation and construction of a natural gas pipeline
across City property at 11310 South Freeway; and
WHEREAS, the City has received a request from the representatives of Texas Midstream
Gas Services, L.L.C. and Energy Transfer Fuel, LP to amend CSC No. 39397 to allow the shared
use of a portion of the license tract currently designated as a no-build zone to install an additional
12-inch natural gas pipeline at 11310 South Freeway.;and
WHEREAS, it advisable to execute this Amendment to CSC No. 39397 ("Agreement"),to
add Texas Midstream Gas Services, L.L.C. as a party to the Agreement with Energy Transfer, LP;
to remove the designation of an area as a "no-build zone" and allow for the installation of an
additional natural gas pipeline and valve station, within the license tract area; to allow for the
installation of a gas valve station; to allow for a temporary construction workspace and for the
payment of a license fee by Texas Midstream Gas Services,L.L.C.
NOW THEREFORE, City and Company, acting herein by and through their duly
authorized representatives,enter into the following that amends CSC No. 39
OFFICIAL RECORD
CITY SECRETARY
-1- F, . Wo TH, TX
1.
This Agreement is hereby amended to add Texas Midstream Gas Services, L.L.C., an
Oklahoma limited liability company as a party to the Agreement.
2.
This Agreement is hereby amended to remove the "no-build" area as depicted in Exhibit
"A" and allow for the placement of an additional natural gas pipeline within the area depicted in
Exhibit`B"as attached and incorporated into the Agreement.
3.
Section 1,"Defmitions" is amended to revise the following definitions to read as follows:
Agreement shall mean the authorization issued to Company hereunder to use a portion of the City
Property in the location as set out in Exhibits "A" and `B" for (i) the construction, installation,
maintenance and repair of Company's Pipeline; (ii)the use of such Pipeline for the transportation of
Gas; and(iii)any other directly related uses of the City Property pursuant to and in accordance with
this Agreement.
City Property shall mean that property as limited to and described in revised Exhibit "A" and
Exhibit`B".
Company shall mean Energy Transfer Fuel, LP, a Delaware limited partnership company and
Texas Midstream Gas Services, L.L.C., an Oklahoma limited liability company only and shall not
include any Affiliate or third party of either.
Director shall mean the Director of the City's Department of Planning and Development or
authorized representatives.
Pipeline shall mean the pipeline(s)and other facilities approved by the Director that are installed by
the company in the City Property in accordance with this Agreement.
4.
Subsection 2.1. "General use of the City Property for Provision of Gas" of Section 2,
"GRANT OF RIGHTS", is amended to add separate paragraphs that provide for the grant of
-2-
licenses for the construction of two pipelines in the license area to Energy Transfer Fuel, LP and
Texas Midstream Gas Services,L.L.C.to read as follows:
2.1.1. Subject to the terms and conditions set forth in this Agreement and the City Charter
and ordinances, the City hereby grants Energy Transfer Fuel, LP a license to (1) erect, construct,
install and maintain a Class 4, 36"Pipeline consisting of 355.87 total feet in over,under, along and
across the City Property at a depth of no less than 36"and an above ground facility and(ii)transport
Gas through the portions of its Pipeline in, over, under, along and across the City Property as
depicted 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.
2.1.2. Subject to the terms and conditions set forth in this Agreement and the City Charter
and ordinances,the City hereby grants Texas Midstream Gas Services, L.L.C.,a license to(1)erect,
construct, install and maintain a Class 4, 12"Pipeline consisting of 602.49 total feet in over, under,
along and across the City Property at a depth of no less than 36" and an above ground facility and
(ii) transport Gas through the portions of its Pipeline in, over, under, along and across the City
Property as depicted in Exhibit "B". Company hereby acknowledges and agrees that this
Agreement allows only the transportation of Gas through the City and does not allow Company to
distribute,sell or otherwise provide Gas to any Customer.
5.
Section 4, "FEES AND PAYMENTS TO CITY" is amended to add a second paragraph
under Subsection 4.1. "License Use Fee"which provides for the payment of a license fee by Texas
Midstream Gas Services to read as follows:
On or prior to the effective date of this amendment to the agreement Texas Midstream Gas
Services, L.L.C. shall pay the City as compensation for its use of the City Property for the Term of
this Agreement the sum of Thirty Two Thousand Three Hundred and Fourteen Dollars and Fifty-
four cents ($32,315.54) ("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 City Property. The effective date, for the purposes of this amendment, shall mean the
date as of which all parties have executed the amendment and expire in accordance with date of the
-3-
original Agreement.
6.
Subsection 6.5 "Specification of the Pipelines" of Section 6, "USE OF THE CITY
PROPERTY" is amended to provide for inclusion of the additional pipeline being constructed in
the license area,to read as follows:
The Company shall erect, install, construct, repair, replace and maintain the Pipelines and
pursuant to the rules and regulations promulgated by the U.S. Department of Transportation, Office
of Pipeline Safety, as set out in the Code of Federal Regulations Title 49, Part 192, as adopted and
modified by the Texas Railroad Commission. The Pipelines shall not exceed a thirty-six (36) inch
nominal diameter and a twelve (12) inch nominal diameter, be placed at a depth of no less than 36
inches throughout the entire length of the City Property, however, if the Pipelines within City
Property will be crossing any existing City Facility, the Pipelines must cross the City Facility at a
not less than a 70 degree angle and be buried at a minimum of 60 inches below the bottom of the
lowest City Facility. Notwithstanding the foregoing statements, should Company require varying
from the above requirements, such variance shall require City evaluation of the respective variance
to depth or proposed angle of crossing to determine the practicability of such request. Furthermore,
if the Pipelines within the City Property cross a 16-inch or greater water or sanitary sewer facility,
an emergency response plan must be included. The emergency response plan shall be submitted to
the City of Fort Worth Water Department prior to the commencement of the installation of the
Pipelines and shall establish written procedures subject to the approval of the City of Fort Worth
Water Department to minimize any hazard resulting to any City Facility.
7.
Section 14, "NOTICES" is amended to add notification information related to Texas
Midstream Gas Services,L.L.C.to read as follows:
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
-4-
prepaid,return receipt requested,addressed as follows:
To THE CITY: To COMPANY:
City of Fort Worth Energy Transfer Fuel, LP
Attn: Jean Petr
Planning and Development Department Attn: Right of Way Department
1000 Throckmorton 800 E. Sonterra Blvd, Suite 400
Fort Worth,TX 76102 San Antonio, TX 78258
with a copy to: with a copy to:
City of Fort Worth Energy Transfer Fuel,LP
Department of Law Robert Rose
Attn: Attorney for Real Property 711 Louisiana,Suite 900
1000 Throckmorton Houston,TX 77002
Fort Worth,TX 76102
Texas Midstream Gas Services,L.L.C.
Dave Johns
Manager-Midstream Property Rights
6100 N.Western Avenue
Oklahoma City,OK 73118
with a copy to:
C T Corporation System
350 North St.Paul Street
Dallas,TX 75201
8.
The Agreement is amended to allow for the installation of a valve station as depicted on Exhibit
«B»
9.
The Agreement is amended to allow a temporary construction workspace parallel, abutting and
-5-
contiguous to the additional pipeline as depicted on Exhibit`B".
10.
City and Company agree to all terms and conditions contained in the Agreement and that all other
provisions of the Agreement which are not expressly amended herein shall remain in full force and
effect.
EXECUTED as of the later date below:
TEXAS MIDSTREAM GAS SERVICES,L.L.C. ENERGY TRANSFER FUEL, LP
an Oklahoma limited liability company a ar ed partnership
By. By:
�^ Dave 4115/
Manager,Mid ream Property Rights l
Date: � Date: »/ a
CITY OF FORT WORTH:
By: �' Attested by:
Assistant City Manager f�'\ (A&—I
Date: 0 Marty Hendrk City Secretary
APPROVED AS TO FORM AND LEGALITY:
0"000N;111�
O By.' U� .�.v�� 1�� 1�� . aA°V00 o� 0,
Assistant City Attorney 0d.�;$° 01-0
o d
° 0 Ay
°°°°000
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX -6-
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
i
This instrument was acknowledged before me on thi day ofjAV�, 2010, by
-FernQnda Cc&16— , Assistant City Manager of the City of Fort Worth, Texas, a municipal
corporation, on behalf of the City of Fort Worth, Texas.
+�..•• �; EVQNIADANIELS
MY COMMISSION EXPIRES tary Public, State of Texas
July 10,2013
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this 0 day of'S,Vv-ww �,y, 2010, by
Sr �,�,, ►AYPti p,t'j of Energy Transfer Fuel, GP, LLC general partner
of Pnergy Transfer Fuel LP, a Delaware limited partnership on behalf said partnership.
=November
kw
Notary Public, State of Texas
ACKNOWLEDGMENT
THE STATE OF TEXAS §
-7-
COUNTY OF TARRANT §
This instrument was acknowledged before me on this 1J iy of
2010, by Dave Johns, Manager- Midstream Property Rights of Texas Midstream Gas Services,
L.L.C., an Oklahoma limited liability company,on behalf of said company.
?off•"•r°°" AU EN R. BATES
Nir=r�" ° r) c,State of Texas Notary Public, State of Texas
:,r? My Commission Expires
February 24, 2 113 uun•
My commission expires: ��3
My commission number:/aG 9/5p.8-L
-g-
COPY
GRAPHIC SCALE TARRANT COUNTY, TEXAS
290' 100' q 2Q0 WILLIAM STONE SURVEY, A-1400
North Is bme off of a GM -
abe«watbn transformed into 30' LICENSE P.O.B. P.O.C.
NAD 63 Two* North Central _ ( i _- - -
Odd Datum AGREEMENT 30' LICENSE N89'52'49"W FOUND r. 7 fQ: q°
AGREEMENT 300.00, 1/2" REBARx./ I I
�_ I r:
W/ CAP -
4
NB2
36` P.0.8.
NO PROPOSED y,s••c _-
20' NO—BUILD F '� 1 •.4�r I I i �_,.� :�_�
BUFFER PIPELINE BUFFER SEE SHEET 2 OF 5 r� .� \ `'' L 11 •
FOR
Fri MEASURING & REGULATNc
FACILITY SITE DETAIL
N.T.S. — NOT TO SCALE
f A.P.R. — AS PER RECORD
A.P.S. — AS PER SURVEY EAST
D.R.T.C.T — DEED RECORDS TARRANT —
COUNTY. TEXAS RIGHT—OF—WAY e .
O.P.R.T.C.T. — OFFICIAL PUBLIC RECORDS LINE OF M.K.T. VICINITY MAP
TARRANT COUNTY, TEXAS RAILROAD CL—TA-028 aJ N.T.S.
P.O.B.mPOINT OF BEGINNING CITY OF FORT WORTH
P.O.C.iwPOINT OF COMMENCEMENT
R.O.W.rRIGHT OF WAY CALLED 10.889 ACRES
f. — CENTERUNE VOL. 11103 PG. 1302 NO BUILD BUFFER LINE TABLE
It — PROPERTY LINE O.P.R.T.C.T LINE LENGTH BEARING
UCENSE AGREEMENT LINE TABLE BEING THE SAME 10.889 NB 1 20.00' S00'47'06'E
LINE LENGTH BEARING ACRE TRACT RECORDED IN NB2 348.87' N89052'49'W
LA1 30.00' S00'47'OFE VOL. 7747 PG. 354 (TRACT FOUR) N83 20.24' N08044'10"W
LA2 351.67' N89'52'49"W D.R.T.C.T. NB4 351.67' S89'52'49"E
LA3 30.36' N08'44'10"W
LA4 355.87' 1 S89'52'49"E
R SEE SHEET 3 OF 5
NQg@ FOR
nN
THIS IS AN EASEMENT DRAWING 4L TOTAL LENGTH 352 CONFI
37' RARY WORKSPACE
AND DOES NOT RFPRERT A 20 NO
® ' ONFlGURA110N DETAIL
��
BOUNDARY SURVEY. ,—� r E OF y BUILD BUFFER 0.16 ACRES
i" /✓cG� T 30 LICENSE
1, David 0. Dunn.'a Registered Professional iLand Surveyor, i-. :. � F.N 1.—� AGREEMENT 0.24 ACRES SHEET 1 OF 5
do hereby certify that this/pint was 4repaeed frdm a survey made on / ''--` -—-•-_t__�`�\�
the ground D `mbar, 2 7 under/my dir�ctiori and supervision. \�ID �UrvN pj � D DAM "A'
�.i -9 601s P�-� , DRAW ", $/"/U a pPEXSHEIBpITp AEL'N
PRNG OTHE PROPER OF
���,� ESStiOa`Q
David 0. Dunn cam— \SUFV�O ' API"aovAl CROSSI
Real es Tonal Land Surveyor SAL CITY OF FORT WORTH
No. 6015 — State of Texas
Office: 832-736-9590 Fax: 832-736-9580 MacDonald scR As raTen J1 s
NO I °°ft l-d.T.''"" KPLAT CL-TA-028
A BY x+r..�r�e.T.nsr,. rItO.BCr� DWG.
PERM FIE NAME viLAT cL-TA-a2B NO.
COPY
GRAPHIC SCALE TARRANT COUNTY, TEXAS
IW' 5p' 4 100' WILLIAM STONE SURVEY, A-1400
North Is based off of o CPS
observation tra stormod Into
NAD 83 Texas North Centrist
team. CL—TA-028
CITY OF FORT WORTH
CALLED 10.899 ACRES _- ------- --- -- P.O.C.
VOL. 11103 PG. 1302 FOUND
O.P.R.T.C.T 1/2- REBAR
BEING THE SAME 10.899 W/ CAP
ACRE TRACT RECORDED IN
VOL. 7747 PG. 354 (TRACT FOUR) •
D.R.T.C.T.
N.T�N T TO SCALE ( R- �
i A.P.R. - AS PER RECORD ( —
A.P.S. - AS PER SURVEY
D.R.T.C.T - DEED RECORDS TARRANT ± kt€ASI}RIflOe Rf4GULATIIJG ' LINE TABLE
COUNTY, TEXAS �,
O.P.R.T.C.T. - OFFICIAL PUBLIC RECORDS FACILITY SITE LINE LENGTH BEARING
TARRANT COUNTY, TEXAS - 0.35 AGES S 1 125.02' SOO°47'06"E
P.O.B.-POINT OF BEGINNING S2 300.00' N89°52'49'W
P.O.C.-POINT OF COMMENCEMENTI S3 125.02' N00°47'Oe W
R.O.W.-RIGHT OF WAY
rk - CENTERLINE I S4 300.00' S89°52'4T E
It - PROPERTY LINE
1
I 1
--- - - --- ------- ----------- - ------ .01 NOTE: SURFACE SITE BOUNDARY WILL
NOTE: MEASURING do REGULATING FACILITY SITE DETAIL CONSIST OF A 6' CHAIN LINK FENCE
THIS IS AN EASEMENT OAVANG WITH 3 STRANDS OF BARB WIRE.
AND DOES NOT REPRESENT A
BOUNDARY SURVEY.
c OF
T TEMPORARY
1, David 0. Dunn, Registered Professional Land Lrveyor, ��,, G t S t F•.. ¢ ® WORKSPACE - 1.36 ACRES
, •.e� � SHEET 2 OF 5
do hereby certify Ihat this -plat was ,prepared from a survey mode on
_ p: E)1G. IIEGORD OAIE the ground Qbcemer. 2007 under my direction orl�', er;aupvlafon. ! !
�f4.._U1VID 0 DUhpJ, EXHIBIT A
, 6015 BY. """ `'n" PR (P�0 Xro$yfYICROSSII�V f�p 1 0F
\_ ti E s s I o . Q. AfrPI Y&
David 0. Dunn •O";••••• ReoaEel
eg s ere sUR�E% APPROVAL _ CITY OF FORT WORTH
No. 6015 — State of Texas
Office: 832-736-9590 Fax: 832-736-9580 �//� M o ��RR "�� 9 —
MacDonald sow a AS NOTED
� PRaaecT V. DWG.
Y h�„ K P LAT C L—TA—028
FU K#W- VuT CI-TA-oze NO.
COPY
GRAPHIC SCALE TARRANT COUNTY, TEXAS
1140' 5p' 9 100' WILLIAM STONE SURVEY, A-1400
CL-TA-028
North is based off of a GPS CITY OF FORT WORTH
observation transformed into CALLED 10.899 ACRES
NAD 83 Texas North Central VOL. 11103 PG. 1302 -..-
GM Dotum. O.P.R.T.C.t —_ — —— .-._-------- ----�
ALSO BEING THE SAME 10.899
ACRE TRACT RECORDED IN P.O.C. K
VOL. 7747 PG. 354 (TRACT FOUR) FOUNDD.R.T.C.T. %2CAPBAR \\
((
L,EGF,lyi2: ( ( LINE TABLE
N.T.S. - NOT TO SCALE ( P.O.B. (SO'47'06'E LINE LENGTH BEARING
A.P.R. - AS PER RECORD D 1 25.00' NO°47'05'W
A.P.S. - AS PER SURVEY ( c TEMPORARY 125.02' L7 50.01' SO°47'06'E
O.R.T.C.T - DEED RECORDS TARRANT WORKSPACE No. 2
COUNTY, TEXAS ( ( L2 300.79' N89.52'49"W
O.P.R.T.C.T. - X1MCIAL PUBLIC RECORDS ( LS c ( P.O B L3 50.00' N00.07'11"E
TARRANT COUNTY, TEXAS L4 L4 30.00' S89'S2'49"E
P.O.B.-POINT OF BEGINNING ( 5' ( TEMPORARY
R.O.W.-RIGHT OF COMMENCEMENT ( o C (WAY WORKSPACE No. 1 L6 O.0' S00.07'111"W
- CENTERUNE ( ( L7 237.91' N89.52'49"W
R - PROPERTY UNE ( tz
L8 151.81' N08044'1(rW
L9 1 348.87' S89.52'49"E
L7 TEMP. WORKSPACE No. 1 ' L10 1 50.01' S00°47'06"E
\ �
TEMP. WORKSPACE No. 2 0.34 AC.
0.96 AC.
\ 1 - ------ ------------------------ -- --�/
NOTE: - TEMPORARY WORKSPACE CONFIGURATION DETAIL
THIS IS AN EASEMENT DRA-"MNG `
AND DOES NOT REPRESENT A
BOUNDARY SURVEY. �
i E OF ® TEMPORARY
1, David 0. Dunn, a registered Profesel I L Yor,d Sumo '�P t i 5. G s F,9 fy WORKSPACE 1.30 ACRES y SHEET 3 OF 5
do hereby certify that this pldt was �r ared from a survey made on Da. MOM °A� EXHIBIT !As
the ground De b 2007 Under , diredtion�nd supeMslon, a UAV1C�'�j-"" --�
/�— ,-�. " �� ii� ArROY of
APA� CROSSI
David O. Dunn �Z,io'rf s s�o?pQ'/ �ov^L
egs ere - -''-- SU 4 APPROVAL CITY OF FORT WORTH
No. 6015 - State of Texas - l ' Hatch Mott suR Y oA 12/too7
Office: 832-736-9590 Fax: 832-736-9580 , �� i
MacDonald scALL As Moan
D
2950 W ►TR nw MIO..y•u1.
NO I A Y . K P LAT C L—TA—028
TION aot►..ft�.mPROEMT D. WG.
FTIE TUNE: MAT CL—TA-026 NO.
.o ENERGY TRANSFER FUEL, LP
c� Tract No. CL-TA-028
City of Fort Worth
Tarrant County,Texas
EXHIBIT "A"
30' License Agreement Description
Description of a 30.00 foot wide License Agreement being part of the William Stone
Survey,Abstract No. 1400,Tarrant County,Texas and being more particularly described
as follows. Commencing at a found '/2"rebar with a cap at the Northeast corner of a
called 10.899 Acre Tract,described in Volume 11103 at Page 1302, O.P.R.T.C.T., and
also being the same called 10.899 Acre Tract described in Volume 7747 at Page 354,
(Tract No.4), D.R.T.C.T.,and run N 89°-52'-49"W on and along the North Property
Line of said called 10.899 Acre Tract for 300.00 feet to the Point of Beginning; Thence
leaving said North Property Line run S 00°47'-06"E for 30.00 feet; Thence run
N 89°-52'-49"W for 351.67 feet to the West Property Line of said called 10.899 acre
tract,said point lying in the East Right-of-Way Line of the M. K- & T. Railroad; Thence
run N 08°-44'-10"W on and along said West Properly Line,and said East Right-of-Way
Line, for 30.36 feet to the Northwest comer of said called 10.899 acre tract; Thence
leaving said East Right-of-Way Line run S 89°-52'-49"E on and along the North
Property Line of said called 10.899 acre tract for 355.87 feet back to the Point of
Beginning,and containing 0.24 acre.
20' No-Build Buffer Description
Description of a 20.00 foot wide No-Build Buffer being part of the William Stone
Survey,Abstract No. 1400,Tarrant County,Texas and being more particularly described
as follows. Commencing at a found '/2"rebar with a cap at the Northeast corner of a
called 10.899 Acre Tract,described in Volume 11103 at Page 1302,O.P.R.T.C.T.,and
also being the same called 10.899 Acre Tract described in Volume 7747 at Page 354,
(Tract No.4), D.R.T.C.T.,and run N 89°-52'-49"W on and along the North Property
Line of said called 10.899 Acre Tract for 300.00 feet;Thence leaving said North Property
Line run S 00°47'-06"E for 30.00 feet to the Point of Beginning;Thence continue
S 00°-47'-06"E for 20.00 feet;Thence run N 89°-52'-49"W for 348.87 feet to the West
Property Line of said called 10.899 acre tract, said point lying in the East Right-of-Way
Line of the M. K. &T. Railroad;Thence run N 08°-44'-10"W on and along said West
Property Line, and said East Right-of-Way Line, for 20.24 feet;Thence leaving said West
Property Line, and said East Right-of-Way Line run S 89°-52'-49"E for 351.67 feet back
to the Point of Beginning,and containing 0.16 acre.
Measuring and Regulating Facility Site
(125'x 300')
Beginning at a found %:"rebar with a cap at the Northeast corner of a called 10.899 Acre
Tract,described in Volume 11103 at Page 1302, O.P.R.T.C.T., and also being the same
called 10.899 Acre Tract described in Volume 7747 at Page 354, (Tract No. 4),
D.R.T.C.T.,and run S 00°47'-06"E on and along the East Property Line of said called l
10.899 Acre Tract for 125.02 feet: Thence leaving said East Property Line run
N 89°-52'-49"W for 300.00 feet; Thence run N 000-47'-06"W for 125.02 feet to the
North Property Line of said called 10.899 acre tract;Thence run S 890-52'-49"E on and
along said North Property Line for 300.00 feet returning to the Northeast comer of said
called 10.899 acre tract, and the Point of Beginning,and containing 0.86 acre.
u
Temporary Workspace No. 1
Commencing at a found %"rebar with a cap at the Northeast comer of a called 10.899
Acre Tract,described in Volume 11103 at Page 1302, O.P.R.T.C.T., and also being the
same called 10.899 Acre Tract described in Volume 7747 at Page 354,(Tract No.4),
D.R.T.C.T.,and run S 00047'-06"E on and along the East Property Line of said called
10.899 Acre Tract for 125.02 feet to the Point of Beginning;Thence continue
S 00°-47'-06"E on and along said East Property Line for 50.01 feet; Thence leaving said
East Property Line run N 890-52'-49"W for 300.79 feet; Thence run N 00°-07'-11"E for
50.00 feet; Thence run S 89°-52'-49"E for 300.00 feet returning to the East Property
Line of said called 10.899 acre tract, and the Point of Beginning,and containing. 0.34
acre.
Page 4 of 5
JCL
O
v
Temporary Workspace No. 2
Commencing at a found '/2"rebar with a cap at the Northeast comer of a called 10.899
Acre Tract, described in Volume 11103 at Page 1302, O.P.R.T.C.T., and also being the
same called 10.899 Acre Tract described in Volume 7747 at Page 354, (Tract No. 4),
D.R.T.C.T.,and run S 00°47'-06"E on and along the East Property Line of said called
10.899 Acre Tract for 175.03 feet;Thence leaving said East Property Line run
N 89°-52'49" W for 300.79 feet; Thence run N 00°-07%11"E for 50.00 feet; Thence run
N 00°47'-06" W for 25.00 feet to the Point of Beginning;Thence run N 89°-52'49" W
for 88.38 feet; Thence run N 00°-07%11"W for 100.00 feet Thence run N 89°-52'49"W
for 237.91 feet to the West Property Line of said called 10.899 acre tract, said point lying
in the East Right-of-Way Line of the A K. &T. Railroad;Thence run N 08°44'-10" W
on and along said West Property Line, and said East Right-of-Way Line,for 151.81 feet;
Thence leaving said West Property Line,and said East Right-of-Way Line, run
S 890-52'49"E for 348.87 feet; Thence run S 00°47'-06"E for 50.01 feet back to the
Point of Beginning, and containing 0.96 acre.
DAVID O DUNN
David O. Dunn, R.P.L.S. No. 6015
i
i
Page 5 of 5
EXHIBIT "B"
AMENDMENT NO. 1
�?JAI 30' LICENSE AGREEMENT
ENERGY TRANSFER FUEL LP PARK OF D ER CREFJC ADD �` q
POINT OF INSTR# D208420632 CAB A SL 10674
BEGINNING I I I (Su80 131741H)I 'Qtt`� J� SEE DETAIL
(CM) BAST OF BE RING S89'S8'16"E 655.57' BELOW CM
X X X X
FOUND 1/2" N00'47'06"W 44.66' N89'56'45"W
IRON ROD __ __ N69'S816 W 371_37 _ _ _ S00'01'24"W 37.82' 20.00' w
CUj
N08'44'15"W 1. 0
30.35' N89'57'27"W 161.63' p 0 N
DELETION OF NO-BUILD ZONE 0 0
& ADDITION OF 12" PIPELINE z
18,755 S.F.
CITY OF FT WORTH 0.431 ACt 36,330 S.F.
TRACT TX-TARR-SYCA-002.00 0.834 ACt
INSTR# D208432258 e.0 N89'58'43"W 99.16'
2
(TR 1) Vt,61 J� 125'X300' MEASURING AND
UNION PACIFIC RAIL ROAD REGULATING FACILITY
TRACT TX-TARR-CRMI-003.00 g ENERGY TRANSFER FUEL LP
(100'ROW) INSTR# D208420632
PROPERTY DESCRIP11ON
A PORTION OF THE PARCEL DESCRIBED IN INSTRUMENT# D208432258 AND ACROSS A PORTION OF THE ENERGY
TRANSFER FUEL LP 30' LICENSE AGREEMENT AND A PORTION OF 125' X 300' ENERGY TRANSFER FUEL LP
MEASURING AND REGULATING FACILITY DESCRIBED IN INSTRUMENT# D208420632 ALL OF THE RECORDS OF THE
COUNTY OF TARRANT, STATE OF TEXAS, IN THE W STONE SURVEY, ABSTRACT NUMBER 1400, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN INSTRUMENT# D208432258
MONUMENTED BY A FOUND 1/2" IRON ROD;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL S89'58'16"E 655.57 FEET TO THE NORTHEAST
CORNER OF SAID PARCEL;
THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL AND THE EASTERLY LINE OF THE 125' X 300,
MEASURING AND REGULATING FACILITY DESCRIBED IN INSTRUMENT# D208420632 OF THE TARRANT COUNTY
RECORDS S00'48'06"E 125.02 FEET TO THE SOUTHEAST CORNER OF SAID 125' X 300' MEASURING AND
REGULATING FACILITY;
THENCE ALONG THE SOUTHERLY LINE OF SAID 125' X 300' MEASURING AND REGULATING FACILITY N89'58'43"W
99.16 FEET;
THENCE N00'03'15"E 87.77 FEET;
THENCE N89'56'45"W 20.00 FEET;
THENCE S00'01'24"W 37.82 FEET;
THENCE N89'57'27"W 161.63 FEET,
THENCE N00'47'06"W 44.66 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE 30'
LICENSE AGREEMENT DESCRIBED IN INSTRUMENT# D208420632;
THENCE ALONG SAID SOUTHERLY LINE N89'58'16"W 371.37 FEET TO THE WESTERLY BOUNDARY OF THE PARCEL
DESCRIBED IN INSTRUMENT# D208432258;
THENCE ALONG SAID WESTERLY BOUNDARY N08'44'15"W 30.35 FEET TO THE POINT OF BEGINNING;
CONTAINING 36,330 SQUARE FEET OR 0.834 ACRES, MORE OR LESS.
DETAIL
SCALE 1'�=10'
N89'58'16"W 0.65'
NOTE: (CM)
THIS SHEET IS FOR INFORMATION PURPOSES
ONLY. THIS DOCUMENT SHALL NOT BE FOUND 3/8" CAPPED IRON ROD
RECORDED FOR ANY PURPOSE. WITH CAP STAMPED SURVCON INC
X CHAIN LINK FENCE
(CM) CONTROL MONUMENT
(ASSESSORS DATA)
APPROXUAATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.00012704
V:\5287f\ACTIVE\187107355\DRANANG\284...SYCA\EXHIBITS\07355V-284—EXHISIT_002.DO.DWG
11 10/21/09 JSS PEM ADDED PROPOSED PIPELINE TEXAS MIDSTREAM GAS SERVICES
SEE SHEET 2 FOR 10 10/10/09 JSS PEM REVISED EXHIBIT B
EASEMENT INFORMATION 9 9/23/09 JSS PEM ACCESS EASEMENT PROPOSED PIPEUNE CROSSING
TRACT TX-TARR-SYCA-002.00
8 9/14/09 JSS PEM REVISED EXHIBIT B CITY OF FT WORTH
7 9/10/09 JSS PEM ADDED DESCRIPTION COUNTY OF TARRANT, STATE OF TEXAS
6 9/04/09 JSS PEM EXHIBIT B PROPERTY DESCRIPTION
CROWLEY MINERALS 1H
DOWNTOWN DESIGN SERVICES, INC. 5 8/27/09 JSS PEM REVISED TEMP WORKSPACE D B� JSS 01/15/09 SCALE: 1'-10T
4 5/27/09 JSS PEM REVISED EASEMENT CHECKED PEM 01/16/00
k���J�'�` Stantec Consulting Inc. BY 0 50' 100'
`/7J 2830 SE�P 82D 3 07/31/09 JMM PEM REVISED EASEMENT PROJECT
Ft Worth,TX 78140 ENGINEER
Tel.617293.1910 2 06/18/09 JSS PEM REVISED EASEMENT SECTION
F=817293.19W HEAD
w'"'t01tGO"' REV. DATE I BY I APP. DESCRIPTION APPROVED SHEET 2 OF 3
7Review Page 1 of 2
2
Official site of the City of Fort Worth,Texas
FORTWORTH
CITY COUNCIL AGENDA
COUNCIL ACTION: Approved on 12/8/2009
DATE: 12/8/2009 REFERENCE NO.: L-14899 LOG NAME: 06SYCAMORE
DISCHARGE
CODE: L TYPE: NON- PUBLIC CONSENT HEARING:
NO
SUBJECT: Authorize the Execution of an Amendment to City Secretary Contract No. 39397 with
Energy Transfer Fuel, LP to Add Texas Midstream Gas Services, L.L.C. as a Party to the
Agreement and Allow for the Construction of an Additional Natural Gas Pipeline Across
City-Owned Property at 11310 South Freeway for a License Fee of$32,314.54
RECOMMENDATION:
It is recommended that the City Council authorize the execution of an amendment to City Secretary
Contract No. 39397 with Energy Transfer Fuel, LP for a natural gas pipeline, to add Texas Midstream
Gas Services, L.L.C. as a party to the agreement and allow for the construction of an additional
pipeline in the license tract located at 11310 South Freeway for a license fee of$32,314.54.
DISCUSSION:
The City has received a request from the representatives of Texas Midstream Gas Services, L.L.C.
(TMGS) and Energy Transfer Fuel, LP (ETF) to amend City Secretary Contract (CSC) No. 39397, a
natural gas pipeline license agreement with ETF, to allow the shared use of a portion of the license
tract designated as a no-build zone to install an additional 12-inch natural gas pipeline at 11310
South Freeway. Staff has reviewed their request and recommends amending CSC No. 39397 to add
TMGS as a party to the agreement and allow for the installation of an additional natural gas pipeline
in the no-build zone and a valve station . No surface uses, other than the above ground valve station,
shall be allowed in the no-build zone. Revenues received from this project will be administered in
accordance with the current City Council Policy on Gas Well Revenues.
The proposed alignment for the TMGS natural gas pipeline will allow for 602.49 linear feet of 12-inch
diameter natural gas pipeline within a 20-foot wide license tract (0.431 acres more or less) for the
remainder of the term of the agreement. For initial construction, temporary construction workspace
parallel, abutting and contiguous to the pipeline (.811 acres more or less) will be granted in the terms
of the amendment. An above ground measuring and regulating facility site also known as a valve
station will also be included as a part of this amendment.
TMGS has agreed to pay the City the standard fee of$46.00 per linear foot of pipeline and $4,600.00
for the use of the above ground facility on the tract for the remainder of the term for a total cost of
$32,314.54.
Energy Transfer Fuel LP and Texas Midstream Gas Services, L.L.0 will individually be responsible
for repairing and restoring any damage to the license tract or surrounding property resulting from the
construction and maintenance of the pipelines and aboveground measuring and regulating facilities.
The property is located in COUNCIL DISTRICT 6, Mapsco, 119 E.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that the Planning and Development
Department is responsible for the collection and deposit of funds due the City.
TO Fund/Account/Centers FROM Fund/Account/C enters
http://apps.cfwnet.org/council_packet/mc review.asp?ID=12756&councildate=12/8/2009 01/14/2010
N€&CYctview Page 2 of 2
C223 446300 201929990200 $32,314.54
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Susan Alanis (8180)
Additional Information Contact: Jean Petr(8367)
Bhakti Adhyapak (8032)
ATTACHMENTS
M&CMAP.ipa
http://apps.cfwnet.org/council_packet/mc review.asp?ID=l2756&councildate=12/8/2009 01/14/2010