HomeMy WebLinkAboutContract 42486 u "
A.
CONTRACT NO.. 4+Z
NATURAL GAS PIPELINE LICENSE AGREEMENT
Gateway Park.
This NATURAL AS PIPELINE LICENSE AGREEMENT ("Agreement"') is hereby made
d 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
Susan Alanis, its duly authorized Assistant City Manager, and TEXAS MIDSTREAM GA
SERVICES, L.L.C. ("Company"), an. Oklahoma limited liability company, acting by and
through lave Johns, Manager,Midstrew-n Property y Ri hts.
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 a Pipeline for the transportation of Gas through a
public park known as Gateway Park for an approximate total distance of 339.18 feet within a
variable width right of wa y corn �r. Because ��� y is not a public utility, as that tern 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
d conditions ender which Company may use the public park.
B. The City has reviewed Company's request and agrees to grant Companya license
to use a portion of the surface and subsurface of Gateway Park as set out in Exhibit "A"' in order
to construct, operate quid maintain a pipeline, on the terns and conditions set forth .herein, solely
for the transportation of Gas and solely in accordance with the ter is and conditions of this
Agreement.
Freemen
1. DEFINITIONS.
Capitalized terms used in this Agreement and net otherwise defined within this
Agreement shall have the following me .n.n, s:
Affiliate shall mean any individual, partnership, association, 'point stock company, Bruited
liability company,, trust, corporation, or other person or entity who owns or
controls, or is owned or controlled by, or is under co m.on 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 Gateway P'ark in the location as set out in ExWbit "All for
(1)
maintenance and repair Company's Pipeline;the construction, installation,
(iii the use of such Pipeline for the transportation of Gas; and (iii) any other
directly related uses of the Part , pursuant to and in ace
Agreement. OFFICIAL RECORD
FFFICIJ
CITY' SECRETARY
F F T
T. WORTH, TX
Natural Gas Pipeline License Agreement Gateway Park Page I of 1 1
uom It T Tex limited
pan,y shall mean as Midstream Gas Services, L.L.C., an Oklahoma
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.
00
COMM ssion shall mean the Railroad Commission 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 PALS D or that individual's authorized
representative.
Gas shall mean gaseous, fuels such as natural gas, artificial gas, synthetic gas, liquefied
natural gas, manufactured gas, or any mixture thereof.
PACS,D shall mean the City of Fort Worth Parks and Community Services Department.
Park shall mean only that portion of the dedicated Gateway public, park as 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
0
company, a general or limited partnership, a sole proprietorship,, a joint venture, a
business trust or any other fon-n or business entity or,association.
Pipeline shall mean that certain eight inch (8"') nominal diameter pipeline for an
approximate total distance of 339.18 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 of the Railroad Commission
of Texas,
2, GRANT O 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 under, along and across the Park and (1h), transport Gas
through the portions of its Pipeline under, along and across the Park as depicted in
Exhibit "A". Company hereby acknowledges and agrees that this Agreement allows only
the transportation of Gas through the Park and does not allow Company to distribute, sell
or otherwise provide Gas to any Customer.
Natural Gas Pipeline License Agreement Gateway Park
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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 Park that is solely within the discretion of the
city, if a dispute arises as to p riority 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,
�I
licenses and other approvals from the City or other tier regulatory agency necessary for the
construction, installation, maintenance or repair of Company's Pipeline or the
transportation of has through such Pipeline.
2.4. Bonds.,
Prior to the commencement ollf. 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 taidertaken 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
construction contract, or construction project that will 'be perfon-ned by the contractor in
the Park. The blonds shall guarantee (i) the faithftil 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 set-vices and
Natural Gas Pipeline License Agreement Gateway Park
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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 obl'igees.
3, TERM
This Agreement shall become effective on the date as of which both parties have
executed it ("Effective Date") and shall expire at I I-.59 P.M. CT twenty (20) years from the last
date of notarial acknowledgement on -this Agreement ttriless 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$16,026.26, ("License
Fee"). Company hereby acknowledges mid agrees that the amount of this I.Jcense Fee is
non-refundable and constitutes just and reasonable compensation to the City for
Company"s use of the Park.
4.I2. Other Payments.
In addition to the f. ce se Feel, Company shall pay the City all sums wh.1ch may be due
for property taxes, license fees, permit fees, or other taxes, charges or fees, that the City or
other taxing Jurisdiction. may from time to time impose on all other similarly situated
entities, within the City or taxing jurisdiction. 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 ai-nount allowed by law, whichever is less,, co!mputcd monthly. If
such outstanding sums are paid with interest within thirty (30) days following their
respective due dates, Company's fail to pay such sums by their respective due dates
shall not in, and of itself, constitute an Event of Default under Section, 9 of t his
Agreement.
5, REGULATORY AUTHORITY OF THE CITV.
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, as adopted and modified by the Texas Railroad Commission and in this corinection
Company shall. be subject to, be governed by and comply with all applicable federal, state, and
Natural Gas Pipeline License Agreement Gateway Park
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local laws, including all ordinances, rules and regulations of the City, as same may be adopted
and amended from time to time
6. USE OF THE PARK.
6.1 Construction Schedule
6.1.1. Pre-Construction Notice and Meetina Re ements. Company shall
notify the PACSD1 not less than ten (1 0) business, days in advance of the proposed
construction start date ("Notice of Comn-iencement") and shall meet with appropriate
City staff for the purposes, of a Pipeline pre-construction meeting not less than five (5)
business days prior to initiating construction. The purpose of the pre-construction,
meeting shall be to address issues related to the installation of the Pipeline, including, but
not be limited to.- (i) agreeing to the boundaries of any or areas to be used in the Park,
,for purposes of trenching or for storing equipment and supplies-, (ii) agreeing, to and
staking any access drives (the width of which shall not exceed twenty (20) feet) and any
turnaround areas to be used for ingress, egress, and turnaround for vehicles
(iii) identifying trees within the Park- (including those trees that are within fifty (50), feet
of any access drive) that are anticipated to be afl."ectied by 'the Pipeline installation and
therefore subj1ect to required tree protection measures under this Agreement-, and (lv)
establishing the details for the restoration of those areas, of the Park that are disturbed by
or during installation.
6.1.2. Completion of Construction. Except as otherwise specified below,
Construction of the Pipeline shall be completed (i) within one (1), year from the date this
Agreement is signed by the City and (ii.) within 120 days from the start date identi,fied in
the Notice of Commencement. For purposes of this provision, the term "Construction"
shall include restoration of the Park. The completion deadline will be extended day for
day, for each day that Company's Construction is delayed under Section 20 of this
Agreement. Failure to complete construction in accordance with the schedule
described above shall be deemed an Event of Default and be subject to the terms 'in
Section 10.1 of this Agreement.
6.1.3. City Construction 'in Parki. Not less than five ('51) business days after
receipt of Company's Notice of Commencement, the City shall notify the Company of
City plans that involve construction on the surface of Park that may conflict with
lid any confl*ct with proposed
Company's construction, schedule. ln order to avid I I
construction by the City, its agents, licensees, or invitees, Company agrees to delay its
construction for a period not to exceed ten (10) business days, and City agrees to
coordinate the inclusion of Company's construction requirements in overlapping areas of
need.
6.1.4. Park Events. Not less than five (5) business days after receipt of the
Company's Notice of Con-imencement, the City shall notify, the Company of planned
order to
events in the Park- that may conflict with Cornpany's construction schedule. In
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avoid any conflict with such events, Company agrees to schedule its construction to
vol I
accommodate such event, and City agrees to coordinate the inclusion of Company's,
construction requirements in. overlapping areas of need.
6.2. Compliance with Laws, Ordinances, Rules and Regulatigone.
The City has the right to control and regulate the use of the Park, 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
I-Irn'tted to City ordinances, rules and policies related to construction pen-nits, 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. Minl*mal Interference.,
Company will make all reasonable 'Planning to minimize harm, to the Park and
shall comply with conditions as set Iorth below-,
6.4.1. Conformance with Plans. The Plipeline will be constructed in accordance
with the specifications and in the areas of the Park indicated on Exhibit "B". No surface
excavation or tree disturbance shall be allowed in the Park except where specified.
6.4.,2 Pipeline D,ep.th.. For any installation by boring beneath the Park-, the pipe
shall be placed at a minimum depth of eight (8,) feet unless otherwise specified in Exhibit
"B". For any open trench installation within the Park, the pipe shall be buried at a
minimum depth, of four, (4); feet unless otherwise agreed to in Exhibit "'B". For purposes,
of this provision, the referenced depths, shall be measured from the top of the pipe, as
installed,, to the surface of the Park. The City shall have the right, but not the obligation,
to have an inspector present to, verify the installed depth of'the Pipeline.
6.4.3. or Areas. Company shall specify work areas prior to construction and
shall 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 6.1.1.
i Amy pm b
t ravei outside of the designated areas shall not be permitted. equi ent to e stored
Natural Gas Pipeline I,icense Agreement Gateway Park
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in the work area must be approved by the Director., No equipment may be stored within
the Park at any location other than the designated work areas.
6�.4.4., ].-'renc,hitig and Corgi p ction. Any trenching required in connection with
the installation of the Pipeline shall be performed by double ditching, with the top twelve
inches (12") of soil being removed and stored separately from the balance of the dirt
being removed In making the ditch or trench for installation, of the Pipeline. In
backfilling afler installation of the Pipeline, the topsoil that was, removed first shall be
placed back in the trench only after all remaining dirt has been resituated so as to result in,
'the topsoil being returned to the top of the ditch. After trenches have been refilled, they
shall be compacted to a minimum 90% Standard Proctor Density (S.S.T.M. D!698).
Copies of all density testing shall be provided to a PACSD agent. Company shall verif�
in writing that all trenching, backfilling, and compaction were pert on-ned in accordance
with the above requirements.
6.4.5, In. ress and Egress. The Company shall use only those access drives,
agreed to and staked during the pre construction meeting. Any access, gates, used by
Company shall either remain locked at all times or, when opened for use by Compw-ty, be
manned for security purposes. Company temporary access and, turn around needs shall be
agreed upon and staked during the pre construction meeting.
Company is to maintain and restore the utilized access drives to as good as or
better than existed before Company's construction activity. The width of the travel lane
shall not exceed twenty (20) feet, as outlined on the attached Exhibit "B". PACSD shall
inspect the drive after its construction and prior to its use to ensure compliance with the
plan agreed upon at the pire-coinstruc,tion meeting held in accordance with Section 6.1.1.
6o4*6o Eli pment, The area defined as a temporary workspace for
equipment, storage of pipe and as a route of ingress and egress for vehicles shall be
approved at the pre-construction meeting as contemplated in Section 6.1.1. Equipment to
be stored on the Park must be cleared in advance with the Director.
6.4.7., Equipment r t ravel. All equipment shall remain within the license area of
the Park. Travel outside of such designated areas shall not be permitted. All access travel
ways shall be fenced in with orange, vinyl fencing,. Such fencing shall remain in place at
all times during the construction and restoration period. Pursuant to the terms of this
Agreement, upon. completion of construction, any damage from Cornplany activity to
cable fences mid the Park surface shall be repaired or replaced to as good or better
condition than existed prior to Company construction activity in the Park, provided,
however, Company shall immediately notify City of any damage during construction to
utilities used to service the Park. Upon notification, PALS D shall determine the method
of repair, and Company shall inuuediately repair and restore the disturbed area to as good
or better condition Athan existed prior to, the Company's construction activity ]in the Park.,
Natural Gas Pipeline License Agreement Gateway Park
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6.4.,8. Tracer Wire. The Company shall have the right to lay tracer (tracking)
wire on the surface of the Park to track the location of the pipe during installation.
6.4.,9. Temporary Fencing., The perimeter boundaries of all bore pit areas,
travel, ways, temporary workspace and any storage areas are to be fenced with orange
vinyl fencing, which shall remain in place until such time as (1) the site as been restored
by Company as provided in this Agreement and (ii) such restoration has been inspected
and accepted by -the Director.
6.,4.,10. Vepetation Requirements. At the pre-construction meeting,, Director,
will identlf� trees that are anticipated to "be affected by the Pipeline installation and
therefore are subject to protective measures as outlined herein, including, but not limited
to, any trees that are within fifty feet (50') of any access drive to be utilized by Company.
Prior to commencing any construction, Company will provide still photography or video
media showing, the pre-construction condition of' all identified trees. Before beginning
construction, Company will place orange mesh ififencing around the critical root zone of
each identified tree. Once the tree protection fencing has been installed, Com pony shall
schedule a field inspection with PALS D to verify the location and installation of the
fencing. Company shall ensure the fencing rernai,ns in place throughout construction and
will take other reasonable measures to safeguard the identified trees. If any tree within
the Park is damaged in connection with operations performed by or on behalf of
Company, Company shall undertake remediation efforts,, including paying of remediation
costs, in accordance with Section 6.5.
To minimize erosion and harm, to grass or other ground cover plantings during the
Pipeline installation, Company shall provide ground cover for all disturbed surface areas.
Ground cover must be approved by PACSD and may include a combination of straw,
seeding, sod, or other materials. Following Pipeline compie�tion, Company will replant,
reseed and water any area disturbed by the construction of the Pipeline as many times as
necessary until a stand of grass is in place which, is comparable to that which was
originally in place, before the disturbance. The grass shall have an esta lished root
system which shall be approved and accepted by the Director. Restoration, of surface
areas disturbed shall be seeded and maintained according to the specifications in Exhibit
"C"; Company shall stockpile any and all excavated soil ftorn the Pipeline construction
for use in surface restoration. lrnporting of outside soil shall not be allowed.
16.4.11. Surface Monitoring for Release of Fluids. During periods of active
boring, Company shall ensure that drilling mud pressures are continuously monitored and
that the entire length of the drill bore is visually inspected at least once daily to check for
any signs, of drilling mud or other fluid flowing up to the ground surface. If drilling mud
or other fluid is detected on the Park surface,, Company shall ensure that the Dlirector is
notified inimiediately of the release. Company shall coordinate with the Director on a
plan of action to address the fluid release and shall be alliowed access to the Park for
purposes, of containment. At all times during boring operations, Company will have hard
copies of the Material Safe ty Data Sheets and the appropriate storm drain grid maps and
Natural Gas Pipeline License Agreement Gateway Park
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storm drain sheets on site at each drill location. Company, shall, ensure that sufficient
City-approved materials are delivered to the site within twelve (12) hours of initial fluid
detection to protect against drill mud or other fluids from entering the City's sanitary
sewer or stormwater drainage systems. To determine the extent of any contamination,
Conipany will ensure that testing is performed in and around the area of the release as
required by the Director.
6.5. 'Damage-to Trees During Construct ion,Maintenance or Re
In the event of any damage to trees: during the construction, maintenance or repair of the
Pipeline Company shall comply with the following,.-
6.5.1 The Ci ty Forester shall have the right to inspect any trees located on the
Park for damage by Company and if applicable may inspect trees for slight, moderate or
severe damage as described below.
6.5.1.1. $Ji ht Dam ne
g_
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 olf' the trunk into the
cambial layer 1/2" to 2" in width. but less than 1/3, trunk, circumference or breaking
of limbs less than 2" in diameter or limbs less than 1/3 tnink caliper whichever is
less. Slight damage to tree(s) shall be assessed at a rate of: $1.00�.00 for each
instance of slight damage to tree(s,).
6.5.1.2. Moderate Damne.0
Moderate damage shall be defined as damage, in the opinion of the City Forester,
that contributes to the poor, health and reduced longevity of the tree,, examples
include, but are not limited to scaring of the trunk into the cambial. layer greater
than 2" but less than 1/3 the trunk circumference or breaking of limbs more than
2" in diameter but less than 1/3 trunk caliper. Moderate damages shall be
calculated at a rate of' 1/2 the assessed value of the tree per each instance of
damage.
6.5.1.3. Severe Dqqje.
Severe damage shall be defined as damage, in the opinion of the City Forester,
that shall include but is not limited to scaring, of the trunk to the cambial layer
greater than 1/3 the trunk circut-nterence, uprooting or causing a tree to lean,,
damage to a scaffolding branch or branch greater than 1/3 of trunk caliper or
removal of a tree. Branches shall be measured at the Point of attaclunent or at the
lateral to which the branch would be pruned back to according to ANSI standards.
Trees, caliper shall be measured according to accepted "Industry standards., Trees
greater than 6" in caliper shall be measured using diameter at breast height
(DBH). Severe damage or removal of trees is subject to a penalty of$200.00 per
diameter inch of trees removed or damaged for trees less than 30" in caliper,
$400.00 per diameter inch of trees 30" caliper or greater.
Natural Gas Pipeline LJcense Agreement Gateway Park
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6.5.2., Company shall make payirtent for any such damages and must plant
replacement trees for severely damaged trees, at a location to be determined by PACSD.
Replacement shall be made on caliper inch per caliper inch basis,with a minimum size of
replacement tree of 2,"' in caliper for trees damaged or removed less than 3 " 131311 and 2"'
per inch on trees 30"' DBH or greater. Company shall be responsible for -the planting
watering, mulching and maintenance of replacement trees for a period of not less, than 2
years. Replacement trees will be planted during the optimal planting season as directed
by the City Forester. Any tree that does not survive the 2-year establishment period shall
be compensated for by the contractor to PALS D at a rate of$200 per caliper inch.
6.5.3. In addition to damages assessed by PAC Sri, trees removed shall also be
subject to the Urban Forestry Ordinance of the Fort Worth Zoning, Ordinance,.
6.6. Emergena--Procedures.
6.6.1. For purposes of this Section, a public emergency shall be any condition
which in the opinion of the City officials specified below, poses an inunediate threat to
life,, healtli 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 (1,) releases the
city, its officers, agents., servants, employees and subcontractors from liability or
responsibility for any Damages, as defined in this Agreement,, that may occur to the
P* it
Pipeline or that Company may otherwise incur as a result of such a response, and (**)
agrees that Company, at Complany'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 oil,-*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.
6.6.2. The Company shall maintain written emergency response pl. s, pursuant
to 49 C. ,R.. § 192.615.
6.6.3. In the event of an emergency that directly involves that portion of the
Pipeline located In the Park and necessitates immediate emergency response work 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
Natural Gas Pipeline License Agreement Gateway Park
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possible. After the emergency has passed, Company shall apply for and obtain any
applicable federal, state and local permits, as may be adopted and amended from time to
time for the emergency work and otherwise fully comply with the requirements Cif this
Agreement.
6.7. Surface Repairs Due to Installation or Other Company Activity.,
Following any construction activity by or on behalf of the Company that affects
the surface of the Park, (including construction activity related to, initial installation,
operation,, maintenance, or removal of the Pipeline), Company, at its sole cost and
expense, and in a manner approved by the City, shall promptly restore any portion of the
Plark,, Public Rights of Way, or other 'It y-owned property that are in any way disturbed
or damaged by the construction activity to a condition that is at least as good as the one in
which, such property was found immediately prior to the construction activity. Unless,
otherwise specitied in this Agreement or by the City, Company shall diligently
commence such restoration within thirty (30) calendar days following the final date of
construction activity by or on behalf of'the Company. All materials for restoration of the
Park shall be inspected and approved by the Director prior to placement. Any soil and
grass used in connection with the restoration shall be accompanied by supporting
documentation certifying that the quality meets oi'- exceeds specifications required
pursuant to the specifications attached in Exhibit "C". All planting material shall be
inspected by the Director prior to installation. Company will water each affected area as
many times as necessary until. a stand of grass is established comparable to that which
was, originany in place before the construction activity. Surface areas to be restored shall
be deten-nined by the Director. In the event of a gas, drill mud, or other spill,, Company
shall immediately notify the City and coordinate with the Director the removal of any and
all contaminated soil from the property in accordance with all applicable state and federal
laws.
6.8. "As,-Bulflt" Plans, and M
Company,, at Clompany'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 niapping system.
6.9. Seecifications of the Pipelin%60ti
0
The Company shall erect, install, co struct, repair, replace and maintain the
Pipeline and pursuant to the rules and regulations promulgated by the U.S. Department of
Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations
Title 49 Part 192 and as adopted and modified by the Texas, Railroad Commission. The
Natural Gas Pipeline LicenseAgreement Gateway Park
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Pipeline shall not exceed a nominal diameterof eight (815') inches, and a right of way width
of'no more than twenty (20') feet throughout th,e entire length of the Park as depicted on
Exbibit"A".
6.,10., Markine of figne,
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 Title 49 Part '192 and as adopted and modified by the Texas
Railroad Commission, with signage that shall show conspicuously Company's name and
a toll-free telephone number of Company that a person may call for assistance..
6.11. Surface Excavation and Additional Fees*
The City shall have the r1 lit to coordinate all excavation work in the Park in a
manner that is consistent with and convenient for the 'Implementation of the City's
progra m. 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
except as permitted under the terms of this Agreement.
6.12. Relocation of Pipeline.
Within forty-five (45) calendar days following a written request by the City,
Company, at Company's sole cost and expense, shall protect, support, disconnect or
relocate to another portion of the Park all or any portion of'its Pipeline due to street or
other public excavation, construction, repair, grading, re-grading or traffic conditions; 'the
I drains water pipes or mum'cipally-owned facilities, of any kind- the
installation of sewers,
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.
6.13. Removal of Pipjeinc.i
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 irnmedlately 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 cap and leave the Pipeline
in place in accordance with applicable laws and regulations. If Company has not capped
0
the Pipefine within six (6) months 1.olliowing revocation or expirati 0 on of this
Agreement, the City may deem any portion. i
the Pipeline remaining n the Park
abandoned and,, at the City's sole option, (i) take possession of and title to such property
Natural Gas Pipeline License Agreement Gateway Park
Page 12 of 27
or (11) take any and all legal action necessary to compel Company to remove such
Pipeline; provided, however, that Company may not abandon its facilities or discontinue
its services within the City without the approval, of the Conunission or successor agency
or any other regulatory authority with such jurisdiction.
Within six (6) months, fo�llo ing revocation, termination or expiration of this
Agreement and in accordance with Section 10 op 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 INDEMNI'FICAT'ION.
7.1. Liabili!y, of Colmp:a .
Company shall be liable and responsible for any and all damages, losses,
liabilities Ooint or several), payments, obligations, penalties, claims, litigation, demands,
defenses,,judgments, lawsuits, proceedings, costs, disbursements or expenses (including,
without limitation, fees', disbursements and reasonable expenses of attorneys, accountants
and other professional advisors and of expert witnesses, and costs of investigation and
preparation,) of any kind or nature whatsoever (collectively "Diamageis,"')!, which may
arise, out of or be in any way connected with (i) the construction operatioll,
maintenance or condition of the Pipeline or any related facilities or appurtenances; (ii) the
transportation of Gas through the Pipeline-, (111), any claim or lien arising out of work,,
labor, materials or supplies provided or suppilied to Company, its contractors or
subcontractors-, or (ivy ompany's failure to compily 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 LL4BILITY AND RESPONSIBILITY
FOR PR OP ER TY L OSS, PR OPER TYDAMA GE A NDIORPERSONA L INJUR Y 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 .GREEMENT OR
WITH THE USE, MAJNTEA OC PANCY
ANC CU
E EXISTENCE OR LOCATION
I
OF THE PIPELINE, EXCEPT TO THE EXTENT CAUSED SOLELY BY THE
NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY.
7,2 Indemnification.,
COMPANY, AT COMPANYfS SOLE COST AND EXPENSE, SHALL
INDEMNIFYAND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS,
COMMISSIONS, AGENTS, EMPLOYEES AND VOL UNTEERS
Natural Gas Pipeline Licerise Agreel-nent Gateway Park
Page 13 of 27
("INDEMNITEES19, FROM AND AGAINST ANY AND ALL DAM4GES,
INC"INCL UDING LOST REVENUES, WHICH MA Y ARISE OUT OF OR BE IN ANY
WAY CONNECTED WITH 1 THE CONSTRUCTION
., INS A LLA TIO
OPERATION, NT C CONDITION THE PIPELINE OR' ANY
RELATED FACILITIES ILITIES R APPURTENANCES THE TRANSPORTATION
F GAS THROUGH THE PIPELINE; 111) ANY CLAIM OR LIEN ARISING OUT
F WORK, LABOR, MATERIALS OR SUPPLIES R VID ED OR SUPPLIED T
COMPANY �U��O (It), C � YP
,q ITS CONTRACTORS FAILURE T CO T11 FEDERAL, STATE
OR LOCAL .LA W,
ORDINANCE, RULE R REGULATION, EXCEPT TO THE EXTENT DIRECTLY
CAUSED BY THE NEGLIGENT A CTS) OR OMISSION(S) OR INTET L
MISCONDUCT OF THE CITY,
COMPANY HEREBY REPRESENTS TO THE CITY T�!"".,�!T Y 11A S
FULLY INSPECTED THE PARK; (ii) COMPANY S SATISFIED WITH THE
CONDITION OF THE PA RK .AND (iii) COMPANY HAS BEEN FULL Y ADVISED,
OF ITS OWN RIGHTS WITHOUT RELIANCE UPON ANY REPRESENTATION
MADE BY THE CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, COMMISSIONS, BOARDS OR
VOLUNTEERS. C E UNDER T..AKES AND AS'SUMES, FOR AND
ON BEHALF OF COMPANY, ITS OFFICERS, AGENTS, CONTRACTORS,
S UB CO TRA C S AND EMPLOYEES., ALL RISK OF DANGER' U
CONDITIONS, IFANY
.9 ON OR ABOUT THE'PARK.
ALTHOUGH, TO, THE BESTOF THE CITY'SKNOWLEDG .t THE PARK
COMPLIES WITH ALL APPLICABLE FEDERAL, SATE AND LOCAL
.
ENVIRONMENTAL LAWS AND REGULATIONS (COLLECTIVELY
"ENVIRONMENTAL S'q, THE CITY DOES NOT WARRANT T S UCH.
COMPANY HERI " ' T "� 'O T II SOLE
COST AND EXPENSE, SIL4,L L B E FULL Y RESPONSIBLE FOR THE "OLA T +
REQUIRED OF ANY ENVIRONMENTAL LAWS CAUSED 17V WHOLE OR IN PART
BY
COMPA NY
ITS OFFICERS
,7 AGENTS,SER VANTL , EMPLOYEES, CONTRACTORS,
F SUCH , ,EXCEPT TO HE EXTENT
CA USED BY THE CITY.,
7.4. Defense of Indemnitees.
In the event any action, lawsuit or ether proceeding is brought against any
Indemnitee by reason of any . titter for which the In emni tees are indemnified here. der,
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
Conipany"s sole cost and expense, shall resist and defend the sane with reasonable
Natural Gas Pipeline License Agreement Gateway Par
Page 14 of
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 oftbe City.
81 INSURANCE.
Company shall procure and maintain at all times, in fill force and effect, a policy or
policies of insurance to provide coverage 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 Pipelie, t'ncluding the transportation of Gas through the
Pipeline. The required insurance can be met by a combination of self-insurance, primary
and excess policies.
10"
8.1, Prima Ey Liabifil"q Insurance uovera,
• Commercial General Uabil
$1,000,000 per occurrence, including coverage for the followhig: (I) Premises
Liability; (11) independent contractors; (111) products/completed operations-, (1v)
personal injury; (v) contractual liability; (vi) explosion, collapse and
underground property damage.
0
• Prope!:!y Dama Liabihjy:
$101,000.,0001 per occurrence
• Aga tomobffe is iii :
1,000,0 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.,00010 o per accident.
8.2. Rcvisions to Required Covers
At the reasonable recommendation of the City's R isk Manager, the City may at any
time revise insurance coverage requirements and limits required by this Agreement.
Company agrees that within firty (30), days olf' receipit of written notice from the City,
Company will implement all such revisions requested by d-ic City. The policy or policies of
insurance shall be endorsed to provide that no material, changes in coverage, includig, but
Natural Gas,Piplefine License Agreement Gateway Park
Page 15 of 27
not li ited to, canceflation, ternit'nation, non-renewal, or amendment,.,) shall be made without
thirty(30),days' prior written notice totlie City.
8.3. Underwriters and Certificates,
Company shall procure and mam* tai-n its insurance with underwriters audlorized to
do business, M"' the State of Texas and who are acceptable to the City in terms, of solvency
and financial strength. Within thirty (30), days following adoption ofthis,Agreement by the
City Council, Company shall ftwnish the City with certificates of insurance sigiied 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 U1 force and effect.,
8.4. Deductibles.
Deductible or self-insured retention limits on any line of coverage required herein
sliall not exceed $100,000 in the annual aggregate unless the limit per occurrence or per
line of coverage, or aggregate is otherwise approved by the City.
8.5. No:Llimitation of U*abil .
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 underthis AgTeement shall in no way
be construed or aft'ected to limit or in any way affect Company's liability to the City or other
*ded by th,*s Agreement or law.
persons as provi, 1
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-.
10
9i.1. Failure to P License Fee.
An Event of Default shall occur if Company fails to pay any License Fee on or
bet*ore 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 fa,fls
to perform any obiligation required by this Agreement.
Natural Gas Pipeline License Agreement Gateway Park
Page 16,of 27'
9.3. Bankrunsty., Insolvency or Receiversh*
An Event of Default shall occur if Company (i) files a voluntary petition in
bankruptcy-, (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any
petition, filed against it seeking any reorganization, arrangement, composition.,
readjustment, liquidation,1 dissolution or siniflar relief for itself under any laws relating to
blankruptcy, insolvency or other relief for debtors,; (iv) seeks, consents to or acquiesces in
the appointment of any trustee, receiver, master, custodian or Belt idator 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 Co pony's debts generally as
they become due.
9.41. Violations of the La w.1
An Event of Default shall occur if Company violates any existing or future federal,
state inances. , ulations of die City.
7 or local laws, ord' '), rules, and reg 'I
9,5 Failure to, Complete Construction.
An Event of Default shall occur if Company fails to complete construction of the
Pipeline in accordance with Section 6.,1.2.
101. UNCUREM DEFAULTS AND REMEDIES.
101. Noti"ce of Default and Op ortunity to ure.
If an Event of Default occurs on account ofCompany'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 terminate this Agreement immediately upon
provision of written notice to Company. If an Event of Default occurs for a reason other
than for failure to pay the License Fee, the City shall provide Company with written
notice and shall give Company the opportunity to cure such Event of Default. For an
Event of Default which can, be cured by the immediate payment of money to the City,
Company shall have thirty (3 s 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 hereinl 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.
N'atu,ral as Pipeline License,Agreemer Gateway Park
Page 17 of 27
10.2. Remedies for Uncured Defaults.
Upon the occurrence of an Uncured Default, the City shall be entitled to exercise,
at the same time or at different times, any of the following remedies, all of which shall be
cumulative of and without limi tat lon to any other rights or remedies the City may have-,
.10.2.1. Termination of Aueement.
Upon the occurrence of an. Uncured Default, the City may terminate this
Agreement. Upon such termination, Company shall forfeit all rights granted to it
under this Agreement and,, except as to Company's unplerfoirmed 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 rig,lit to
rm
receive License Fees and any other payments due up to the date ofteination.
Company shall remove the Pipeline from and restore the Park as and when
requested by the City. "he City's right to terminate this Agreement under this
Section 1. .2.1 does not and shall not be construed to constitute any kind of
limitation on the City's right to terminate thi,s Agreement for other reasons as
provided by and in accordance with this Agreement, Provided',, however, that
Company may not abandon the Pipeline withoutthe approval of the Commission
or successor agency or other regulatory authority with jurisdiction,, if such action
without such approval, is prohibited at the time by applicable federal or state law
or regulation.
10.2.2. Legal Action against Comp
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 perfori-nance of any of the provisions of this
Agreement which, as a matter of equity, are specifically enforceable.
11. PROVISION OF INFORMATION.,
11.1. Fiflines with the Commission.
Company shall provide copies to the City of all documents which Cornpany 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)i 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, uoinpany 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
Natural Gas,Pipeline License Agreement Gateway Park
Page 18 of 27
law, rule or regulation conceming or related to its transportation of Gas through or other,
operations in the C,ity.
11.2. Lawsuits.
Company shall provide the City with copies of all pleadings in all lawsuits to
which Company is a party and that pertain to the granting of this Agreement and/or the
transportation of Gas through the City within thirty (30) days of Company's receipt of
same.
12. COMPANY AS INDEPENDENT CONTRACTOR,,
It is expressly understood and agreed that Company shall operate as an independent
contractor as to all rights, and privileges granted, by this Agreement, and not as an agent,
representative or employee of the City. Company shall have the exclusive night to control the
details of its business and other operations necessary or appurtenant to the transportation of Gas MO
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 respondea super,ioir, shall not apply as between the
City and Company, its officers, agents, employees, contractors and subcontractors. Company
fiHffier agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between the City and Company.
13. ASSIGNMENT PROMBITED.
Company may not assign or otherwise transfer any of its rights or obligations under this
Agreement unless specifically authorized in writing by the City, wWch authorization shall not be
unreasonably withheld, provided, however, that Company may niake such an assignment of its
rights to an affiliated company without the consent of City, provided, that u pon such assignment,,
Company shall notify City within sixty (60) days of said assignment. An 'affiliated colmpany'
shall mean any parent, subsidiary or sister company or other legal entity that controls, is controlled
by, or is under common control with Company'. ror purposes of this clause, 'control' means direct
or indirect ownership of fifity percent (501%) or more of the voting rights of the subject entity.
Notwithstanding such an assigru-nent to an affiliated company, Company shall remain liable to City
for any failure to, perform hereunder by the affiliated assignee, and d-iis 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 (1),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-,
Natural Gas Pipeline License Agreement Cliateway Park
Page 1 9 of 27
To THE, CITY: To COMPANY.
City of Fort Worth Texas dstrew-n Gas Services,L.L.C.
Parks and Community Services Director Mr. Dave Johns,
1000 '17hrockmorton Manager, Property Rights
Fort Worth, TX 76 102 100 Energy Way
Fo 'Tex Worth Texas76102
10 "th a copy to:
. I
with a copy to w
City of Fort Worth Texas Midstream Gas Services, L.L.C.
Department of I...aw C T Corporation System
Attn,-, Attorney for PACSD 350 North. St. Paul Street., Suite 2900
1000 ThrockmOrton Dallas,TX 75201
Fort Worth, V fX 76102
15. NON-DISCRIMINATION COVENANT,,
Company. shall not discriminate against any person on the basis of race, color, national
origin, religion, 1. cap, sex, sexual orientation or famihal status in the receipt of benefits from
Company"s business operations, in any oppor tit m"ties 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 tenn or provision of this
Agreement or to exercise any rig]-its 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 ftiture occasion.
17'. GOVERNING LAW AND VENUE.
Tliis, Agreement shall be construed pursuant to and its accordance with the laws of the
United States,of America and the State of Texas, If any action,whether real or asserted, at law or in
equity, arise out of the terms of this Agreement, Company's transportation of Gas or Company's use
of the 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.
Natural has Pipeline License Agreement Gateway Park
Page 20 of 27
10
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
Pipelm' e, Company 131 s operations *in the City, Company's transportation of Gas or Company's, use of
the Park.
19. SERE RABILITY,
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 pertal=* g to
such order, including, without limitation all available appeals, have been exhausted. In such an
event,, the City and Company agree that they shall amend or have amended 'this Agreement to
comply with such final order entered by a court of competent Jurisdiction.
20* FORCE MAJEURA.
In the event Comp y's performwice of any of the terms, conditions or obligations requi*red
by this Agreement is prevented by a cause or event that is not within Company's reasonable control,
Company"s non-perfon-ranee shall be deemed excused for the period of such inability. Causes or
events that are not within the Company's control shall include, but not be limited to, acts lef God,
strikes, sabotage, nots or civil disturbances, failure or loss of utilities, explosions,,, natural disasters,,
City Construction,as defined by Section 6.1.4, ,,cm Park Events as defned by Section 6.1.5,
21. HEADINGS NOT CONTROLIjING.
Headings and titles, other than those captions in Section 1, that are used M* this Agreement
are for reference purposes only and shall not be deemed a part of this Agreement.
22. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference, contains the entire understanding and agreement between the City
and Company as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to, the extent in conflict with the terms and conditions,of
this A I
greement. 'Ih*s, Agreement shall not be amended urdess. agreed to in writm* g by both parties
and approved by the City Council of the City.
Natural Gas Pipeline Licensle Agrement Gateway Park
Page 2,1 of 27
EXECUTED as of the later date below:
CITY WORTH.- MIDSTREAM SERVICES, .L.C',
wm�o
By By „,r
�qs Alanis S
Assistant City Manager ger,Piroperty Rights
q�ve
.v..W
APPROVED AS TO FORM AND LEGALITY.
Assistant . ey
111�A ro,
Attested by
,00
00 0 0000
IN01110-ilooiim NMI 0 1
0
Secretary
PA 0 OFF F I i I
00 0
OFFICIAL RECORD
Natural Gas Pipeline License Agr ernen:Gateway Park.
Page 22 of 27' CITY SECRETARY
F T* WORTH), TX
ACKNOWLEDGEMENT
THE STATE OF TEXAS
COUNTY T ANT §
This instrument was acknowledged before me on this � d 2011, by
Susan A is Assistant City Manager of the City of Fort Worth "rex a municipal corporation,
on behalf o the City of Fort Worth, Texas.
Not .ry public, State of Texas
My commission expires*.
4-1
My comm'ssilon number,
OFFICIAL RECORD
AF ■
,a
. ,
rryye�
Natural Gas P plefin,e License Agreement :gateway Park. CITY SECRETARY
Page 2,3 of 27 m WORTH� TX
.ACKNOWLEDGMENT
THE STATE 01F TEXAS
It
COUNTY OF TARRANT §
This instrument was acknowledged before me on this day of
2011� by Dave Johns, Ma alter, Property Rights, for Texas Midstream Gas Services,, L. .C. an
Oklahoma limited liability comply y, on behalf of said colmpany,
Of
LILUAN ANN BALLINGER
Notary PLJbl(C,State of'T xcis
My Cornmtissiori Expirovrs Not Public, State of Texas
May 20, 2012"
L
My commission expires*./ff..,�I
My commiss,ioln number:
OFFICIAL RECORD
Natural Gas Pipeline License Agreement Gateway Park CITY SECRETARY'
Page 24 of 27 FTa WORTH9 TX
EXIJIBIT "A"
PLATTED LEGAL DESCRIPTION
Company may only use approximately 3 319.1.8 1 inear feet crossi ng the Park as depicted below.-
Natural Gas Pipeline License Agreement Gateway Park
Page 2 5 of 27'
JARRANT
ROBERT CROSS SURVEY,,A-304&E. 1.DAGGETT SURVEY,A-431
100, 0 100,
.......200'
GRAPHIC SCALE IN FEET
PLEASE REFER TO BAR SCALE, DRAWING,
MAY'HAVE BEEN REDUCED OR ENLARGED, 30' UPUTY EASEMENT
CABfNET A, 'LAUDE 34
p"T.CrT
2,0' �JTILIIT`n' EASEMEN7
CA NET A, SLID' '3-4
P.R.T C,T,
20' L)T4JrY- 72
CAS JJENT b <
CAR!t4ET A,
SUDE 3-4
k.20`UTkSTY EASEMENT
CABINET A, SUDE 3-4
20' UPIJUY EASIEMEN-T
CAC NFT A, SUCT 3-4 T-3
C•".R,T,C,r �4 C)U4
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CITY
CON-FROL&
TAR NT COL)NrY WATER OF FORI WORI H
GATEWAY PARK ADDIT*N
WPROVEMENT DISTWCT NlJMBER ONE CABINET A,SLIDE 3-4
VOILM:7189,PACE 1843
CAIEWAY PARIK ADO Or
CAIIINUT A,aLOE 34 T
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30'ACCESS
0
20*MJCEN,Sf AREAS'_" .
30'TEMPOr�ARY
WORKSPACE
NO2
A
15' JTUrf EASEMEw
CABINET A, SC.HH 3-4
P.R,T Cj
BEACH STREET
(APPARENT RIGHT-OF-WAY)
ol
'Cc
01
REMSED'05/03/11
17, .. ..............
BEARINGS, DISTANCFS, & AREAS BASED ON TEXA1.)
E P R 0 J iE T 'FHCWAS 1"0 HICKMAN co
STAIE PLANE GRO COORDINATE SYSTEM NAD 8".!�, ........... A"
NORTH' CENTRAL ZONE, DERIVED FROM GPS DRAWN RLF MIDSTREAM 4)
A=2k V
it 410' G A 8 8 E R V I C E S
OBSERVAT4ONS, C'�'D TLJ
�E
.......... ........... CL
(11/Ti S17T MAP
c:ECaC
NI 56,3339,
.............. ........ ...........— 8"NATURAL GAS PIPFIJNE
LAMB-STAR' ENUNEERiNG, L.P'. GATE: 0 6/2 2/1()
5-700 W, PLANO PARKWAY #1000i, [�`LANO, TX '75093 ------- CITY OP' FORT WORTH
SHEET� I OF 1 2° CITY Of"FORI'WORTH, TARRANT COUNTY, rEW
1214-440-3600 ............
SCALE�, AS SH�OWN Dwc. rlLE: Tx-TARR. FHHI-06'7,00 R E V.7
BRANT COUNTY
TEV
zJS
ROBERT CROSS SURVEY,A-304&E.M.DAGGETT SURVEY,A-431
50 0 50 100
GRAPHIC SCALE IN':FEET
PLEASE REFER TO aARl SCALE. DRAWING 7
MAY HAVE BEEN REDUCED OR ENLARGED. :j
x
('J-1
4. a
rr,
LINE TABLE
LINE BEARING DISTANCE
L��-qE'5�-'3'53'03"E 153,4.0'
L2 N 5 3'5' w
�02"
L L N 57'25',59"W
loll w wit
L4 S 76"4 7'� 93.88' CITY OF FORT WORTH
GATEWAY AIRIK ADDITION
�L�5 S 5 7T*2555 93 E 89-52' 1 IRF 1/2"
CABIN�E &SLIDE 34
W/cop
THHI-067.00
LINE FN� BE
Ll_r
S7.
53
30' UTILITY EASEMENT--�-----
CABINET A, SLIDE 3-4
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WORKSPACE N
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NO.1 14,
00
X
z
S 84#28'05" E Q)
19.02' 0
IRF 1/2
cm
E
.T-
0
30' ACCESS
0
0.1 S ACRES
20' LICENSE AREA--,'-
30' UTILITY EASEMENT
CABINET A, SL0E 3-4,
P,R,T,C.T TEMPORARY
WORKSPACE i:;l C4
.t
NO�2 0 r%1
uo V� "'
POINT OF
13EGINNING
15' UTILITY EASEMENT S 76"33'05" E
CABINET A, SI-IDE 3--4— BEACH STREET
ITOTAL LINEAR FEET: 339,18' P.R.T.C.T (APPARENT RIGHT-OF-WAY) 26.67'
LICENSE AREA: 0.156 ACRFS 6,784 Sq,Ft.
TEMPORARY WOlRKSPACE N0.1- 1.734 ACRES — 75,536 Sq,Ft. POINT OF
0
TEMPORARY wORKSPACE NO.2: 0,124 ACRES — 5,383 Sq.Ff- COMMENCING 0
00
ACCES& 0.1,96 ACRES — 8,540 Sq,Ft. 0
TITLE INFORMATION PROVIF)ED BY TEXAS
MIDSTREAM GAS SERVCES, L.L.C. REVISED:05/03/11
BEARINGS, DISTANCES, & AREAS BASED ON TEXAS -'--THO..M A S
TO HICKMAN [T)
STATE PLANE GRIID COORDINATE SYSTEM NAD 83, DRAWN DY' RLF MIDSTREAM Q)
NORTH CENTRAL ZONE, DERIVED FROM GPS G A S S E R V I C E S
CHECKED EIY° TLJ
OBSERVATIONS.
SEGMENT ID: 563339 LJCENSE AREA EXHIBIT
8"IVATURAL GAS PIPELINE
LAM3—STAR ENGINEERING, L,P.
GATE� 06/22/'10
5700 W. PLANO PARKWAY #1000, PLANO, TX 75093 1 -- CITY OF FORT WORTH
SHEET- 2 OF 12 (17T OF FORT WORTH, TARRANT COVNrY, TEl
214-440-3600 ..... ....... AS SHOWN —'-FRE-V�7 Y--
SCAlI DWC, FILE TX-TAR R,--TH H I-06 7.00
Tz4RI?A.N1' C01_1ATT)'r TEXA- ,,,5
ROBERT CROSS SURVEY,A-30I4&E.M.DAGGETT SURVEY,A-431
EXHIBIT "A"
PROPERTY DESCRIPTION FOR LICENSE AREA
OUT OF BLOCK 1 GATEWAY PARK ADDITION
CALLED 5 9.0�O5I ACRES,
LICENSE AREA DESCRIPTION
BEING a tralict of land s,ituiated in the Robert Cross Survey,Abstract No. 304 and the E.M.
Daggett Survey,Abstract No.431, in the City of Fort worth,Tarrant county,Texas and
being a portion of Block 1, Gateway Park Addition, recorded in Cabinet A, Slide 3-4 of the
Plat Records of Tarrant County,Texas,and being more particularly described as follows:
COMMENCING at the southwest corner of said Block 1, Gateway,Park Addition and being
in the north right-of-way line of Interstate Highway No.30, recorded in Vollumle 2374, Page
294 and Volumie 2374, Page 299,of the Deed Records of Tarrant County,,Texas;
THENCE,S 76033'05"' E,along the north right-of-wa y line of said Interstate Hiighway No.
30 and the common south line of said Block 1, Gateway Park Addition,a distance of 26.617
feet to the POINIT'OF BEGINNING;
THENCE,over and across said Block 1, Gateway Park Addli'tion,as follows:
N 76047'30"E, a distance of 11 42.16 feet to a point for corner;
S 5702659" E,a distance of 89.52 feet,to a point for corner;
S 53053'02"E,,a distance of 153.40 feet to a point for corner inl the north
LL�
right-of-way line of said Interstate Hig,hway No. 310 and the common south line
of said Block 1 of Gateway Park Addition, said point being N 84'28'05"W,a >�
LLJ
ICY,
distance of 397.71 feet from a 1/2 inch capped iron rod found;
THENCE, N 8402,18'05"W,along said common line,a distance of 39.31 feet to a point for
corner,said point being S 84'28'05"E,a,distance of 19.02 feet from a 1/2 inch iron rod
found
THENCE, over and across,said Block 1,Gateway Park Addition, as foillows- X
N 53053'02"W, a,distance of 118.94 feet to a point for corner;
N 57"2559"'W, a distance of 80,46 feet to a point for corner;
S 76047'30"'W a distance of'93.88 feet to a point for corner in the north
right-of-way line of said Interstate Highway No. 30 and the common south line
77
0
of said Block 1, Gateway Park Addition;
THENCE, N 76033'05"'W,along said common line,a distance of 44.58 feet to the POINT
OF BEGINNING and containing o.1 acres or 6,784 square feet of land, more or less.
01 F"
E_
T.
0 0_1
�IVODI'Y L. JACKSON
5 6 4 4
ss
CL
(n
SUR
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L
c-)
T M TH L C
Q
RFL(74SIERED PR '"N A I., LAND SURVEYOR
NO. 5644
REVISED:05/03/11
BEAR�NGS, DISTANCES, AREAS BASED ON TEX,A!,-) 7R(�FC_ —-----
,1, c)
rH(WAS 10 HCKIVAN
STATE PLANF GR0 COORDINATF SYSTEM ,IAF) 83, M
RLF MIDS,TREA
NORTIJ CENTRAL ZONE, DERIVED FROM CPS DRAWN, BY� t e x s G A 8 S E R V I C F S
0 E?S,,F R V ATV N S. CHECKED DY- 7L,j
.............. CL
S E_GM L N r 11 D 563339 LIC'ENSE A)?,F,A VEYCRIPTION
8"NATURAL GAS PIPELINE
I AMB-15TAR ENGINEERING, �L.P, DATE 06
,12 2/10 ("ITY OF FORT WORTH
5/00 W. PLANO PARKWAY #1000, PLANO, TX 75093 -SW.1T� 3 (),LF1 2 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
214-440-3600
ALE AS S1 iOW�N LIOWG. FILE TX-TARR.TI-IHI,06 7 00 R E
TARRANT COUNTY, Tl
-XAS
ROBERT CROSS SURVEY,A-304&E.M.DAGGETT SURVEY,A,-,43,1
100, 0 100 200,
GRAPHIC SCALE IN FEET
PLEASE REFER TO BAR SCALE, DRAWING
MAY HAVE BEEN REDUCED OR ENLARGED.
—.301' UTILITY EASEMENT
CABINET A, SLIDE 3-4
P.R.T C.T
20' UTILITY EASEMENT
-CAB NET A, SLIDE 3-4
P,R.T.C.T.
EASEMENT <
CABINET A,
-4 M C)
P.R.T C.T
TY EASEMENT Ln cj
20' UTILITY U)z
CABINET A,SLIDE 3-4 W Ln
P.R.I.C.T rt s 'n"
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20' UTILITY EASEVENT-
CABINET A, SLID,E 3-4
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--p z
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rn
TARRANT COUNTY WATER CONTROL &
IMPROWMENT DISTRIC[NUMBER ONE
VOLUME 7189,PAGE 1843
GATTWAY PARK ADDHION
CABINET A,SLIDE,3-4
THH11-0156'04j CITY OF FORT WORTH
GATEWAY I'ARK ADDMON
CABINET A,SLIDE 3-4
oo-)
Hl
31
x
cy)
<
0
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L
E
44 <0
Lu 9
1 >> 0
E
_30'uTILI17Y fk"EMENT "j
CABINET A.S'6i")E 3--�
P,R 1,10 T 400, z 0
���
>
E
.50'ACCESS
IT
0
20'LICENSE AR'EA-�--7t\
30,'TEMPORARY
WORKSPACE E
N9.2 0
15* UTILITY EASEMENT
CABINET A, SLIDE 3-4
RR.T.C.T
O
BEACH STREET
(APPARENT RIGHT-OF-WAY)
0
0
0
0
00
REVISED:05/03/11
BEARINGS, DISTANCES, & AREAS BASED ON TEXAS -- -- ---
PROJECT, THOMAS TO �dICKMAN, CID
STATE PLANE GRID COORD�NATE SYSTFV NAD 83, ........ .........
DRAWN BY- RLF
NORTH CENTRAL ZONE, DERIVED FRO�V GFJS 0 A 8 S E R V I C E 6
t 1111 DSTREAM
OBSERVATIONS. CHECKED BY'- TLJ
.............. CL
..................... G.............. RlITE MI)SEVIENT ID: 563339
8"NATIJRAL GAS PIPEIJNE Q uc
AMB-STAR ENGMEFRING, L.P. DATE: 06/22/10 CITY OF FORT WORTH
5700 W. Pl.AN0 PARKWAY #1000, PLANO, TX 75093 SHEET: 4 OF 12 CITY OF FORT WORTH, TARRANT COUNM TEXAS
214--440-3600
SCALE: AS SHO NI DWC, I'l L E: T X-T A R,R, T H H I-061,0 0 REV7
ROBERT CROSS SURVEY,A-304&E.M.DAGGETT SURVEY,A-431
sl
� � 4
50 0 50 100
GRAPHIC SCALE IN FEET
PLEASE REFER 1'C BAR SCALE, DRAWING
MAY HAVE BEEN REDUCED OR INLARGES � r
LINE TABLE
LA r7l
LINE EARia FllSTANCE]
I
l
t., N 572559"W 89.52'
.3
CITY OF FORT WORTH
M
GATEWAY PARK ADDITION
N 4
CABINET A,SLIDE 3- fRF 112'"
g 06 I
30' UTILITY EASEMENT _ ....�.-_ ---------
CABIIVE"i A. SLIDE 3-4
P..R.T.C.T. w Cluj
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cv
LA
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1
X
TEMPORARY Lo 0 L� u') , , .
WORKSPACE
I NO.1 � S
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1 °
1
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I S 84.28'05" E
2„
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30' ACCESS
I
a
POINT OF
27.5 BEGINNING
0' LdCI:`NSF AREA �
0 UTILJY EASEMENT I Y r .
f
mo w/ CA13IN T A, SLIDE 3_..., 4 � w�
P.R.T.C;.T p 0
0° TE:Eel F'CR AF,'Y
W01RKSPACE
nC.2 0_c
N_.... _ r
.......... .....
rx
�G a �. «V7'
15" UT1LffY EASEMENT U)
CABS NET A, SLIDE .�_..m. IE + H TF EET
TOTAL LI'hJEAIR FEET:EST: 339.18 P.R.T.C.T
LCE SE AREA. 0,156 ACRES 6,784 S .Ft. (aFPARFW-R A -OF- AY) tn
HI_�
POINT AF qEM'PORARY WORKSPACE aA. 7. 3 ACR'ES 73 3 Sq Ft.
00
IT MPORARY WORKSPACE N O— : C).1 4 AC�RE�•> 5.383 Sq.Ft. COMMENCING
0
AC ESS: 0.196 ACRE'S — 8,3407 Sq.Ft,
TITLE INFORMATION PROV ED BY TEXAS
MIDSTREAM GAS S'ER'VICES, L.L C;,
REVISED: 5,r03/11
N FARIN'~GS, DISTANCES, N, AREAS BASED ONE TEXAS ._. -
PRaJE THOMAS TO HICKMAN
S�ATE PLANE GRID COORDINATE SYSTEM NAE 83, MIDSTREAM
MIDSTREAM r LNORTH EJ rRAL ZONE, DERIVED FROM G A 5 S E R V a�
OBSERVATIONS.
CHECKED BY- �I�L..J �
C� a
mm
..........._ ......m.
SEGMENT ICS: 5 6 3,33 9 �
�...A B—STAR N�4C Ii�EER�h C, L.P. __ e"JVArU �,Ors PIPFLINE
700 C LA DATE o r1 �"I�'Y OF ,��C,RT WORTH
PARKWAY 1000, PLAN O, TX 75093 _ V TARRANT COUNTY, TEXAS
214-440--600 SHEET Caw 12 —__�CITY OF FORT WORTH,
SCALE: AS SHOWN f)WG. FLE: TX--`fARR—TI-IHI-0 700 REV 7
TA.RBANT COUNT)7 7"E4XAS
ROBERT CROSS SURVEY,A-304 9 E.M.DAGGETT SURVEY,A-431
EXHIBIT "A"'
PROPERTY DESCRIPTION FOR TEMPORARY WORKSPACE NO.1
OlUIT OF BLOCK 1, GATEWAY PARK ADDITION
CALLED 509.05 ACRES
TEMPORARY WORKSPACE NO.1 DESCRIPTION
BEING a tract of land situated in the Robert Cross survey,Abstract No.304 and the E.M.
Daggett Survey,Abstract No.431, in the City of Fort Worth, Tarrant county,Texas and
being a poirt,ion of Block 1, Gateway Park Addition, recorded in Cabinet A, Slide 3-4 of the
Plat Records of Tarrant County, Texas, and being more particularly described as follows:
COMMENCING at the southwest corner of said Block 1, Gateway Park Addition and
being in the north right-of-way line of Interstate Highway No. 30, recorded in Volume
2374, Page 294 and Vollume 2374, Page 299 of the Deed Records of Tarrant County,
Texas;
THENCE, S 76'33'05" E, along the north right-of-way line of said Interstate Highway No.
30 and the common south line of said Block 1, Gateway Park Addition
a distance of
26.617 feet to a point for corner;
THENCE,over and across saidi Block 1, Gateway Park Addition as follows:
Ln,
N 7547'30" E, a distance of 142.116 feet to the POINT OF BEGINNING; Cn
N 13'12'30"W, a distance of 27.50 feet to a point for corner,
0
N 76047'30" E, a distance of 864.51 feet to a point for corner"
S, 13'1123101"El a distance of 75,00 feet to a point for corner;
CL
S 76047'30"W, a distance of'748,.50 feet to a point for corner-,
S 57025'59" E, a distance of 244.27 feet to a point in the north right-of-way line
of said Interstate Highway No. 30,and the common southi,line of said Block 1,
Gateway Park Addition, said point being N 84'28'05"W, a distance of 266.81 from
a 1/2 inch capped iron rod found;
M
THENCE, N 84028'05 w,along said common line,a distance of 130.90 feet to a point for E
corner, said point being S 84'28'05"E,a distance;of 58.33 feet from a 1/2 inch iron rod
X
found;
0
THENCE,over and across said Block 1, Gateway Park Addition as follows-
C
U
E
N 53053'02"W, a distance,of 153.40 feet to a point for corner;
T.
N 57025'59"W, a distance of 89.52 to the POINT OF BEGINNING and containing
V)
1.734 acres or 75,536 square feet of land, more or less. 0
E
0
-C
0
OF 0
E
0
AlY*
*
0
TIMOTHY JACKSON
(7)
E
56'44 Q_-
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"THY MO L
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REGISTERED (5P E5,I
S ONAL LAND SURVEYOR
NO _'5644 REVISED:05/03/11
BEARINGS, DISTANCES, AREAS BASED ON TEXAS .......
PROJECT, THOMAS TO HICKMAN M
STATE PLANE GRID COORDINATE SYSTEM NAD 83, DRAWN 111 BY, RLF IVIID�STREAIVI
NORTH CENTRAL ZONE, DERIVED FROM GPS
t e x GAS SERVICES
OBSERVATIONS, CHECKED BY` TLJ
rrrr..... ..................... ...........
.............. ..............
S,E(,M,F N T V)-1 563339 TEMPORARY WORKSPACE DESCRIPTION
_..............--- 8"NATURAL GAS PIPELINE
I...AMB—ST'AR EN&NEERING, L.P. DATE: 06/22/10
5,700 W. PLANO PARKWAY #1000, PLAN O, TX 75 093 _ ............ CITY OF FORT WORTH C)
SHEET� 6 U' 12 CITY OF FORT WORTH, TARRANT Cot)NTY, TF_X4S
214-440—3600
SCAT.-E; V,7 I.-E: AS 'SHOWN DWG FLE-. TX—TA RR—THH1—06T 00
TARRANT COUNTY, 7""EYAS
F ROBERT CROSS SURVEY,A-3�04
1001 —0, lool 200'
GRAPHIC SCALE IN FEET
PLEASE REFER TO BAR SCALE, DRAWING
MAY HAVE BEEN REDUCED OR, ENLARGED,
30' Lfflt-ITY EASEMENT
CADNET A, SUDE 3-4
P R.T,C.T
x
20' UTILITY EASEMENT
CABINET A'SLIDE 3-4
P,RT,C.T
20' LITtLITY
EASEMENT <
CAB�NET A,
SLIDE 3.....4
P""'C"
20' UTLrTY EASEMENT
CABINET A, SLIDE 3-4
P.R.T.C,T
Vf
0
Lr)
20' lJTLIFY EASEMENT-1
i CABINET A, SLIDE 3-4
P.R,T,C,T
:z
C.
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n
pol
>
(Y:
Il TARRANT COUNTY WATER CONTROL
IMPROVEMENT'DISTRICT NUMBER ONE 4�
VOLUME 7189,PAGE 1843
GATEWAY PARK ADDITION CITY OF FORT WORTH C)
CAEIkNET A,SUITE.3-4 GATEW�A ARK AD IT171101N 1/2**IRF
Tt'f 1-066,04 .1 y A SLID
4NET A4 SLIDE 3-4 W/CAP 7-
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30'UTILITY IEASEMENT
CABINET A,SLIDE 3-4
P,R I c I
1/2"RF ire CD
(D
3 0000
oo*o
woo" 0000
E
30'ACCESS
20 LICENSE AREA---—�,l
30'TEMPORARY,-
WORKSPACE
ds.................
15 UTILITY EASFMF�Nl
CABINET A,SLIDE 3-4
P,R,TC.7 CL
BEACH STREET
(APPARENT RIGHT-OF-WAY)
THHI-066.00
CD
0
co
C)
REVISED:05/03/11
............
BEARINGS, DISTANCES, & AREAS BASED ON TEXAS PROJECT FHOMAS 10 1-11ICKMAN m
STATE PLANE GRID COORDINATE SYS"TEM NAD 83,
DRAWN BY� RLF MIDSTREAM
N:OR-TH CEN"FRAL ZONE, DERVED FROM CPS
t GAS 8 ERVIICES
OBSILIRVATIONS, CHECKED BY- TLJ
1-11-1-----..............
............
SEGMENT ID:... 563339 OVERALL SITE'MAP
....................-- 8"NATURAL GAS PIPELINE
LAMB—STAIR ENGMERING, L.P. 6/22/10
5700 W. PLANO PARKWAY #1000, PLANO, TX 75093 '--DAIE: .......—2---- CITY OF FORT WORTH
SHEET, 7 OF 12 CITY OF FORT WORTH, TARRANT COUNTY, TMS
214---440—3 600 ................ ......................-- ......................
I
`:CAI..I AS SHOWN DWG. FILL: TX—TARR--THHI—067,00 R E V 7 �y�
^
7ARRANT COUNTY, TEXAS
ROBERT CROSS SURVEY,A-304
50 0 50 100
GRAPHIC SCALE IN FEET
PLEASE REFER TO BAR SCALE. DRAWING Z
MAY HAVE BEEN REDUCED OR ENLARGED,
Ln
E3 N 1,31 230"W 2 7,50'
N 7647'30"E 5124'
w Cap
L9 S 18"06 1 44
E 23582'
LLJ(n
CL
0 `0:�rl
30' UTILITY EASEMENT III) -Z co-
'�CITY OF FORT WORTH z
100 LiA
co
TARRANT COUNTY WATER CONTROL&
iVPROVEVENT DISTRICT NUMBER ONE
VOLUME 7189,PACE 1843 TEMPORAR� 0�
CABINET A,SLIDE 3-4 N01 I
IRF 112" C7
0.196 ACRES
30' ACCESS
0 POINT Or/
30' UTILITY EASEMENT -oloo-lo (ibi
CABINET A, SLIDE 3-4 0010,
00-00 .000
30' TEMPORARY (o
WORKSPACE
TOTAL L�NEAR FEET: 339.18' CAn�NFT A, SLIDF 3 4 BEACH STREET' u
TEMPORARY WORKSPACE NO.1- 1 734 ACRES - 75,536 S_q,Ft
COMMENCING
TEMPORARY WORKSPACE NO.2: 0124 ACRES - 5383 Sq,Ft 0
ACCFSS: 0.196 ACRES - 8,540 Sq.Ft 00
TITLE INFORMATION PROV0ED BY TEXAS
MIDSTREAM GAS SERVICES, L,L.C.
REVISED�05/03/11
BEARINGS, DISTANCES, & AREAS BASED ON TEXAS
STATE PLANE GR0 COORDiNATF SYSTEM NAD 83, x
NORTH CENTRAL ZON�E, DER�VED FROM CPC� DRAWN BY- RLF MIDSTREAM (I)
It G A S S E R V I C E 8 u
OBSERVATIONS. CHECKED BY, TLJ Q)
SEGMENT ID: 563339 A CCESS EXHIBIT
CITY O'F FORT WORTH C)
214-440-360,0 SCALE: AS -�S�HOWN DWG. FILE TX-TARR-THHI-0167,00 REV7
^
7ARRANT COUNTY, TEXAS
ROBERT CROSS SURVEY,A-304
PROPERTY DESCRIPTION FOR ACCESS OUT OF BLOCK 1
GATEWAY PARK ADDITION CALLED 509.05 ACRES
ACCESS DESCRIPTION
BEING a tra�ct of land situated in the Robert Cross survey,Abstract No.304, in the City
of Fort worth, Tarrant county,Texas and being a portion of Block 1, Gateway Park
Addition, recorded in Cabinet A, Slidle 34 of the Plat Records of Tarrant County,Texas,,
and being more particularly described as follows:
COMMENCING at the southwest corner of said Block I, Gateway Park Addition and
being in the north right-of-way line of Interstate Highway No. 30, recorded in volume
2374, Page 294 and Volume 2374, Page 299 of the Deed Records of Tarrant County,
Texas,from which a 1/2"iron rod:found bears S 76'33"05" E, a distance of 182.51 feet
and S 63'22"05""E,a distance of 143.35 feet;
THENCE, S 76033'05"E, along the north right-of-way line of said Interstate Highway No. 0
30 and the common south line of said Block 1, Gateway Park Addition,a distance of
26.67 feet to a point for corner; CN
THENCE,over and across said Blocks 1, Gateway Park Addition as follows:
N 76*47'30"E,a distance of 142.16 feet to a point for corner;
N 13012'30"W, a distance of 27.50 feet to a point for corner;
N'76047'301" E,a distance of 51.24 feet to the POINT OF BEGINNING;
N 18006'144"W,a distance of 225.63 feet to a point for corner;
S 89024'16"W, a distance of 80.45 feet to a point for corner;
N 510045'37"W, a di�stance of 23.8,0 to point in the south line of Block 3 of said
Gateway Park Addition and the common north line of said Block 1, Gateway Park
Addition; 7
if W
THENCE, N 88055'32 along said common line,a distance of 125-05 feet to a point for
THENCE, over and across said Blocks 1,Gateway Park Addition as follows:
ry
S 18006,'44""E a distance of 23,5.82 feet to a polint for corner;
S 76047'30"W, a distance of 30.11 feet to the POINT OF BEGINNING and
,containing 0.196 acres or 8,540 square feet of land, more or less. 0
OF 0
10 L
5644 0
40 CD
11MOTHY L. Jj"R'SON
cc
REGISTERED P1 NA[_ LAND SURVEYOR
NO 5644
REVSEU 05/03/11
DRAWN BY, RLF MIDSTREAM
NORTH CENTRAL ZONE, DERIVED FROM GPS Y
t e x s GAS SERVICE S
OBSERVATIONS. CHECKED BY TL.J I
SEGMENT ID: 563339 A CCESS DESCRIPTION
LAMB,---STAR ENGINEERING, L.P, DATE. 06/22/10 CITY Or, FORT WORTH
5700 W, PLANO PARKWAY #1000, PLANO, TX '750913 SHEET- 9 C)F- I C17T OF FORT WORTH, T�RANT COUNTI� rMS
7ARRANT COUNTY, TEXAS
ROBERT CROSS SURVEY,A-304
100" 0 100, 200"
GRAPHIC SCALE IN FEET
PLEASE REFER TO BAR SCALE. DRAWING
MAY HAVE BEEN REDUCED OR ENLARGED..
l
30' UTILITY EASEMENT
CABINET A, SLIDE 3--4
P.R.T.C.T
b
20' UTILITY EASEMENT
CABINET A, SLIDE 3--4 I
P.IR.T.C.T
1
21 UTILITY—, r �
EASEMiENT <
CABINET A,
F
SLIDE 3-4 CD
A- i � P.R,T,C.T
20' LITILTY EASEMENT r,
CABINET A, SLIDE 3-4
RR.T.C.T #,, O
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20' UTILITY EASEMENT "w
CABINET A„ SLIDE 3-41 �
P'.R.T.C.T' I
}
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} } 4
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1 �
TARRANT COUNTY WATER CONTROL &
IMPROVEMENT DISTRICT NUMBER ONE } } c
VOLUME 7189,PAGE 1843
GATEWAY PARK ADDITION } } CITY OF FORT WORTH 0
CABINET A,SURE 3�-4 }
} GATEWAY ARlCA[371TIQN T "tlRF
THIHI—ass.cl4 1 } CABINET A,SLIDE 3-4 � WICAP z
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CABINET A,SLIDE 3-4 �
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BEACH STREET
(APPAIRENIT IRIGHT-OF-WAY) U
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REVISED:05/03/111
BEARINGS, DISTANCES, 84 AREAS BASED' ON TEXAS
STATE PLANE GRID COORDINATE SYSTEM NAD 83, PROJECT- THOMAS To' HIC4CMAN m
NORTH CENTRAL ZONE DERIVED FROM CPS aDRAwN BY RLF � G MIDSTREAM A S S 11 C r=S
ZONE, G A B 3 E R V II D E S
OBSERVATIONS. CHECKED BY- Ti w
0..
SEGMENT ID: 563,339 OVERALL SITE MAP 0
B"NATURAL GAS PIPEMNE
LA VA—STAR ENGINEERING, L.P. DATE; 06/22/10
57001 W. PLANO PARK'W'AY 1000, PLANO, TX 75093 CITY OF FORT WORTH III
SHEET 10 OF 12 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
X14-440- 6O0
SCALE: AS SHOWWN. DVVC. FILE: TX--TARR---THHI---067.0I REV.7
TARRANT COUNTY, TEXAS
ROBERT CROSS SURVEY,A-304
50 0 50-1 010
GRAPHIC SCALE IN FEET
PLEASE REFER TO BAR SCAL,E, DRAWNG
MAY HAVE BEEN REDUCED OR ENLARG3ED,
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30' UTILITY EASEMENT �os
CABINET A, SLIDE 3-4 Lu 9
P.R.T.C.T
\CITY OF FORTWORIIiH
GAT Y PARK ADDITION
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CAB NET A,SLIDE 31-4 CL
AJA
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THHI-067.00
C),
TARRANT COUNTY WATER CONTROL I T_
IMPROVEMENT DISTRICT NUMBER ONE
VOLUME 7189,PACE 1843 TEMPORAF
WORKSPACY <
CATEWAY PARK AMMON NO�l
CABINET A,SLIDE 3-4
(_�H_HI-066__04 x
PF 1,12
E
�S 13*12"30" E 717' _y
D
30' ACCE5115
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30' U71_17Y` EASEMENT
CAB�INET A, SLIDE 3-4
C.
P.R.T�C._E
S 76*47'30" W 34.89
>
5 *250�9" E 1914.66#
20' LICENSE AREA
A>
0.124 ACRES 0
30' TEMPORARY—__�
WORKSPACE
NO.2
_c
11 uu"33'41"
3�.8 2W
06*33 41 W
15' UTILITY EASEMENT 102�22'
CABINET A, SLIDE 34
TOFAL LINEAR FEE7: 339.18"
P.R,T,C,T POINT O!F
LICFNSE ARLk 0.156 ACRES 6,784 Sq.Ft. BEGINNING POINT OF
TEMPORARY WORKSPACE NO.1 1 7,34 ACRES '75,536 Sq�Ft, co
CO�MMENCINIG 0
TEMPORARY WORKSPACE NO.2: 0.124 ACRES 538,3 Sq�Ft, BEACH STREET 10
(APPARENT RIGHT-OF-WAY) 0
ACCESS: 0.196 ACRES — 8,540 Sq.Ft� CO
00
T�TLE INFORMATION PROVIDED BY TEXAS
MIDSTREAM GAS SLRV�CES, L.L.C.
REV�SED:05/03/11
BEARINGS, D�STANCES, & ARLAS BASED ON I-EXAS
PROJECT� THOMAS -10 HICKMAN m
STATF PLANE GRID COORDINATE SYSTLM IIJAD 83, RLF X MIDSTREAM
DRAWN BY, A I
NORRI CENTRAL 70NE, DERIVED F-ROM CPS G A S S E R V li C E 8
OBSERVATIONS. CHECKED BY: T[..J
S�EGMENI ID� 56,3339 TEMPORARY WORKSPACE EXHIBIT
.......... .......... 8"NATURAL GAS PIPELINE
LAMB—STAR FNIGINEERING, L.P. D A TE: 0612211(,') c
5700 W. PLANO PARKWAY #1000, PLANO, TX '75093 .......... C"ITY OF FORT WORTI-I
SHEET: 11 OF 12 CITY OF FORT WORTH, TARRANT COUNTY, TEAAS
214—440—3600
SCALE� SHOWN,.i D W6, FILE "FX—TARR—THHI-067,00 REV.7
7ARRANT CWJN7"I" 7'EX/1S
ROBERT CROSSSURVEY,A-304
EXHIBIT "A"'
PROPERTY DESCRIPTION FOR TEMPORARY WORKSPACE NO.,2
OUT OF BLOCK 1, GATEWAY PARK ADDITION CALLED 509.05
ACRES
TEMPORARY WORKSPACE NO.2 DESCRIPTION
BEING a tract of land situated in the Robert Cross Survey,Abstract No.304, in the City
of Fort Worth,Tarrant County,Texas an�d',being a portion of Block 1, Gateway Park
Addition, recorded in Cabinet A, Slide 34 of the Plait Records of Tarrant County,Texas,
and being more particularly described as follows:
COMMENCING at the southwest corner of said Block 1, Gateway Park Addition and
being in the north right-of-way line of Interstate Highway No. 30, recorded in Volume
23,74, Page 294 and Volume 2374, Page 299 of the Deed Records of Tarrant County,
Texas,from which a 1/'2"iroin rod,fouind bears S 76'33'0510 E,a distance of 182.51 feet
and S 63'22'05"E,a distance of 143.35 feet,
THENCE, N 00033'41"W,along the west line of said Block 1,Gateway Park Addition,
and the east right-of-way line,of Bleach Street(an apparent right-lof-way),a distance of
102.22 feet to the POINT OF BEGINNING;
THENCE, N 00033'41"W,al�oing said common line,a distance,of 35.812 feet to a poilnt for
THENCE,over and across said Blocks, 1,Gateway Park Addition as follows- z
S 57025"519" E, a distance of 194.66 feet to,a point for corner';
S 13012'30" E,a distance of 7.17 feet to a point for corner,
S 76047'30"W, a d,istance of 34.89 feet to a point for corner;
N 57025'519"W, a distance of 155.89 feet to the POINT OF BEGINNING and
containing 0.124,acres or 5,3831 square feet of land, mo!re or less.
OF
TM,I)THY L. JACKSON
SUr
N(l 5644
PROJECT THOMAS TO HICKMAN
NORIH CENTRAL ZONE, DFRIVED FROM GF)S, le G A S S E A V I C E S
CD
8"NATURAL GAS PIPELINF
LAMB---S-FAR ENG�NEER�NG, L.P. DATE: 06/22/10 CITY O'fi' VORT W01?TH
SHEET 12 OF 12
EXHIBIT "B"
ALIGNMENT SHEET(S),
Open trench and boring areas
ADDITIONAL SPECIFICATIONS APPLICABLE TO GATEWAY PARK
Trafl Access - At no time shall any pedestrian or bicycle trail running in or through Gateway
Park be closed to the public. To the extent Company's designated access, drives or turnaround
areas cross or come in contact w1ththe trail, Company shall station flagmen to control vehicular
and trail-user traffic when Company vehicles are present at or near any intersection of the trail
and any access drive or turnaround area.
Trail Restoration—Following completion on of the Pipeline installation, Company shall replace all
sidewalks damaged by Company's use of the Park. Sidewalks shall, be constructed to meet all
federal and state guidelines for accessibility for the mobility impaired and be constructed in
4,
accordance with the concrete guidelines inIuded in Exhibit"C."
Company shall notify the City and afford the City the opportunity to inspect the sidewalk work at
three points during restoration—
(1) Following it layout and staking,of any replacement sidewalk
I
('11) Following compietio:n of the forms for pouring the concrete for replacement sidewalk
(iii) Following final completion of the replacement sictewal.k, including any required
painting, or marking such as curb cuts
Prior to sidewalk construction, Company shall ensure that the City has been provided with copies
of documentation showing, all necessary certification,and insurance is in place.,
Company shall ensure that the City is provided with documentation certifying the batch mix of
all materials used in constructing sidewalks. In addition, Company shall ensure that City is
provided with a warranty for each new sidewalk, insuring one hundred percent (100%) of the
cost of any repair, maintenance,, or replacement of the sidewalk for a period of two, (2) years,
from the date of the final inspection and acceptance.
Natural Gas Pipeline License Agreement Gateway Park
Page 26 of 27
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EXHIBIT 44cil
PARK RESTORATION SPECIFICATIONS
Natural Gas pipeline I..,cen e Agreement Gateway Perk.
.gage 27 of 2
it
SECTION 02300-EARTHWORK
PARTI -GENE
RAL
1.01 SCOPE: Work in this section includes fumishing all labor, materials, equipment, and services
required to construct, shape, and finish earthwork to the required lines,, grades, and cross
sections,as splecified herein and on the plans.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. Section 02200- Site Preparation.
B Grading Plan: Refer to pilau sheets.,
1.03 NIETHOD OF PAYMENT.- Earthwork is a necessary and incidental part of the work. The
total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis
only.
PART 2 -PR ODD CTS
2.01 UNC LASS EFIED BXCAVATION: Unclassified excavation shall consist of'all excavation
unless separately designated,within the li'mpits of the work. Unclassified excavation includes,
all material, encountered regardless of its nature or the mariner in which it is to be excavated.,
VAI
2.02 UNCLASSIFIED FILL
A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native
materials removed in unclassified excavation', or similar imported materials, shall be
used insofar as practicable as unclassified.fill. Properly deposited, conditioned, and
compacted fill is hereinafter referred to as "earth embankment."
B. Rock: Minor quantities of rock not greater than four inches in greatest dimensio�n are
permissible Ln fill materials used to construct earth embankment. Minor quantities of
rock of greater dimensions may be placed in the deeper fills in accordance with the
State Department of Highways and Public,Transportation requirements for construction
of rock embankments,provided such placement of rock is not immediately adjacent to lrt
stmictures,or piers. Also rock may be placed in the portions of embankments outside
the limits of the completed graded width where the size of the rock prohibits their
incorporation in the normal embankment layers.
2.03 TOPSOIL - On-.Site Topsoil-, Topsoil shall consist of`'an average depith of six inches of native
surface soil left in place after the ground cover of herbaceous,vegetation and other
11 t
objectionaole matter has been cleared by""lading," as specified in Section 02200, "Site
Preparation."' "'Fopsoll may be greater or less than the upper six inches (6") in depth.
EARTHWORK
012300
-- I-
Immkook
2. RED FILL
, A. Imported fill materials shall be used for the construction of earth embanlcment in the
event hat- 1 he volume of unclassified excavation is ess than the volume f `
...
required for earth embankment d or 2 the condition of materials removed in
PIP unclassified excavation makes them unsuitable for use in the construction of earth
embankment,
B. The eveloper/Contra.ct r shall haul and place imported fill obtained from off site
sources as necessary t construct the embankment. and van"'ous other details of the
T co tru.ction plans. All costs related to such imported fill will be 'Included in the
contract price, and no additional or,separate payment for imported fill will he due the
Contractor,
C. A sample of the proposed imported fill must he rov*ded by the I evelo er/Contractor
y w and he approved by the Owner. In general, 'Imported material must he equal to or better
than native material in quality and engineering characteristics. The Owner may also
POP require the Contractor to provided a material analysis test of the proposed fill.
2.05 SELECT MATERiALS m d l45 � '
P
w �, r
Select rraatcr is shall i-nported turn.offsite sources, unless they are.ava lahle from
. A.
specifically designated areas on the site as marked on the,plans.
2,.06 UNSUITABLE MATERIALS
wo
P. �Yll,
, 0 4, A. Tl psoil select material, i ported fitl, or unclassified dill to he used as finish grade top
. dressing will be declared as "'unsuitable" by the Owner if, in his opinion, any of the
fallowing conditions or matter and particles are present to a degree that is judged
detrimental to the proposed use of the material.
t 1. Moisture
* 2. Decayed or urdecayed vegetation,
3. Hardpan clay, heavy clay, or clay halls
4. Rubbish
5. Construction rubble
6. Sand or gravel
7. Rocks greater than one half inch(1/2"') diameter
8. Cementiuus matter
9. Foreign matter of any kind
B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200.
C. Wet Material. If fill material is unsatisfactory for use as em aw o-ncnt solely because of
high moisture content' the Owner may grant the evcloper/Contractor permission to
7,17 WIN;
process the material to reduce,the moisture content to a usable optimum m condition.
EARTHWORK
02300
2
I V
PART 3 - EXECUTION
3.01 SITE PREPARATION- In general, "site prep grati n as specified in Section 02200 shall
p ,� be
performed in advance of grading and earthwork operations and shall be completed over the
entire area of earthwork operations.
µ
3.02 TOPSOIL
preparation p' u
�" e removal d storage of topsoil a. cc alter site r+� ar,�ti�ri � � �. � �gild w
bef6re excavation and er ban ent construction be g m. Likewise, topsoil will be
replaced after excavation and embankment construction are complete.
B. Removal Topsoil shall be stripped to an average depth of six inches from,areas where
excavation and embankment,construction are plarmed. Topsoil may be obtained from
eater,depths,if it is uncontarninated by the substrate rri and it is of good quality, in the
opinion of the Owner.
Storage-, Topsoil shall be stored in stockpiles cotivenientl.y located to areas that will
later receive the topsoil Stockpiles shall be out of the way of earthwork operations in
lobatiorrs approved by Xe wner. Stored topsoil shall be kept separate from other
excavated materials and shall be protected from contamination by objectionable -.
materials that would render it unsuitable
D. Timing: Topsoil will not be replaced(deposited) until construction activities are _
complete that would create undesirable conditions in the topsoil, such as n
overco action car cunt rna,tion, Trenching for items such as electrical conduit and
p g
im*gation pressure lines Must be complete before topsoil replacement may begin.
E. Replacement'. Topsoil will be deposited in a single layer or lift. It will be placed,
e compacted,processed,corri,p � , aid graded to leave a finished lace of topsoil not less than five
inches in depth. Unless otherwise 'Indicated, topsoil will be replaced over all areas of
earthwork(including slopes), except where pavement is planned.
F. Grading. Tops oil will be final graded to the elevations shown oii the plaids. pine
grading will be accomplished with a weighted spire harrow, weighted drag;, tractor box
blade, light maintainer, or other acceptable machi.ncry. All particles of the 'inish grade
shall be reduced to less than one half inch(1-1/2") in diameter or they shall,l„ be removed..
All rock of one inch or greater shall also be removed. Grading operations and
equipment will be such that topsoil does not become overcon pacted, BUIldozer blades
and front-end loader buckets are not acceptable devices for topsoil grading,operations.
Final grading witl i a five feet of constructed or installed eleme,D,is shall be Band
raked.
Acceptability: Finished areas of t soil are satisfactory if they are true to grade, true in
plane, even ffi gradient(slope), uniform in surface texture, and of Lion- al compaction.
Areas of loose granular pockets or of overcompacted soils are not acceptable and will
be reworked. Finished areas will promote surface drainage and will be ready for
turfgras,s planting.
EAUHWORK
02300
3.
p
3.,03 UNCLASSIFIED EXCAVATION
A. All excavated areas shall be ma ,tained n a condition to assure proper drainage at all
Gift:. times, and ditches and sumps shall be constructed and mai..n.ta ned to avoid damage to
M
the areas under construction.
N B. Surplus Material.
4 1. Surplus excavation is that quantity of material that may be left over after the
Y� grading plan is executed, and all earthwork operations, inclndinc excavation,
embankment cons coon,topsoil replacement, and final grading, are
- -
completed. Any other s n fps mater'
ai shall be disposed of as "'waste" as
M„
splec
ified spec in Section 02200. All such cost for removal shall be considered as
incorporated into Earthwork costs
' C. Excavation in Roc The use of explosives will not be permitted. Unless otherwise
indicated on the plans, excavation in solid rock shall extend six inches below required
snbgrade elevation for the entire width,of the area render construction and shall be
blackfilled with suitable materraisry as indicated on the plans,
3. EARTH EMBANKMENT
A. Earth embankment is defined as embankment composed of suitable materials removed
in unclassified excavation and/or'imported fill. The construction of emba nkment
�.
includes prepaning the area on which fill is to be placed and the depositing,
conditioning, and compaction of fitl material.
..
aidembankment sham be General: Except as otherwise required ise b p l s,
constructed in layers approximately parallel to the finished g`ade of the graded area, and
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, each layer shall be so constructed as to provide a uniform slope as shown oil the gTading
p, plan. Embankments shall be constricted to correspond to the general shape of the
w. typical sections shown on the plans, and each section, of the embankment shall
,. correspond to the detailed section or slopes established by the drawings, After
completion of the graded area, embankment shall be continuously maintained to its
Finished section and grade until the project is accepted.
A0,
C Preparation.- Prior to placing any embankment, all preparatory operations will have
been completed on the excavator
p � embankment as to
roa�� sources an
areas ever which the ern
w. be placed. The subgrade shall be proof rolled to detect soft spots, wliJc'1 if exist, should
` be reworked. Proof rolling shall be perfo ed using a heaver preumatc tired rosier,
dump loaded d truck,'.. - p or similar;piece of equipment weighing approximately 25 tons
except as otherwise specified for tree protection and areas inaccessible to vehicular
compactors. Stump holes or other small excavations in the limits of the embaxilunents
shall be back,fi fled with suitable material and thoroughly tarrrped by approved methods
�. .
before c o e nc� �
e 'n embankment construction.ent cotruction. The surface of the ground, including
.: plowed, loosened ground, or surfaces roughened by small washes or otherwise, sail be
r,estcred to approximately its original slope by biad ng or other methods, and, where
EAf(THWORK
023100
_4-
o
SECTION 02830-SEEDING
q 9
, !
p A PARTI - GEC.
1.01 DESCRIPTION
A. Work Included: Seeding of gras's seed or w,ildflower seed, as specified on the plans.
B. Related Work Specified Elsewhere- Section 02300, Earthwork.
1.02 REFERENCE STANDARDS
A. Standardized Plarif Names
I For exotic plant materials: Arnerican Joint Committee of Horticultural
Nomenclature, Second Edition, 1942.
2. For native materials
a. Manual of the Vascular P'lants of Texas by Correll and Johnston
b. Check List of'Vascular Plants of Texas by Hatch
c. Flora of North Central Texas by Shinners and Moller
I Osa B. Texas Highway Department: Standard Specifications for Construction, Item 164,
Seeding for Erosion Control"'and Item 180, "Wildflower Seeding".
1.013 SLTBM ITT ALS
A. Seed
1. Vendors' certification that seeds meet Texas State seed law "Including,.,
a. Testing and labeling,for pure live seed(PLS)
b. Name and type of seed
2. If using native grass or wildflower seed,seed�must have been harvested within one
hundred(100) miles of the construction site.
3. All seed shall be tested in a laboratory with certified results presented to the City,in
wnting,prior to planting.
4. All seed to be of the previous season's crop and the date on the container shall be
within twelve months of the seeding date.
9 5. Each species of seed shall be supplied in a separate, labeled container for acceptance
On` by the City.
eNB. Fertilizer
1. Unopened bags labeled with the analysis
2. Conform to Texas fei-lilizer law
1. JOB CONDHIONS
A. Planting Season: The season vaties according to species (see Part 2 -Products . Do not
seed when so i I is excessively wet or dry or when wind exceeds ten (10) miles per hour.
B. Schedule after all other construction is complete.
SECTION 02934-SEEDrNG
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A
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C Protect and Maintain Seeded Ares.
I. From erosion
2. From traffic and all other use
3.. Until seeding 'i's complete,and accepted
1.05 QUALITY CONTROL
The Developer/Contractor who plants the seeds is responsible for daily supervision ofhis crew, a ,
and for the planting the seed and mam* tal'n g the seedlings until acc ptable viable growth is
achieved and the project accepted by the City.
PART 2—PRODUCTS q
2.01 MATERIALS
ti y
lu p
AMY Seed . .
All seed shall he
planted at rates based on p ure live seed(PLS purity x germination)per
acre.
a
' a
Substitution of find vld.ua.l seed types due to lack of availability shall he determined offly h
the City at the time of planting. The Developer/Contractor shall notify the City of
WOW
difficulties locating certain species. Only these areas indicated on the plans and areas
disturbed by construction shall be seeded. Prior to seeding, each area shall he marked in ",q
the field and approved by the City. .
Weed,seed shall net exceed 10 percent by weight of the total of pare live seed(PLS) and .
other material in the mixture. Johnson ass and nutgrass seed shall net he allowed.
The seed shall he clean,dry and harvested within one year of plaiting. .
1. Noy-native grass seed shall consist of.,
If planted between April 15 and September 10,
M1w.
Lbs./Acre Co on Name Scientific Name p" Gen ina.tiC
5 Bermuda(unhulled) Cy odon dactylon 85% 90°'
75 Bermuda(hulled) Cynodon d'actylon 95% 90%
Substitute the following if planted between September 1 and Aprit I
220 Rye Grass Lola rn multijZorum 82% %
Bermuda unhulled C" na n dactylon 84% %
2 N ed -The seed shall be planted between February l and October l
and shall consist of
Lhs. PLS/Acrt C runon,Name Botanical Name
SECTION O2930-SIEEDirNG
_2. .
pKp
16 Green Sr filet Leptochloa dubla
40 Sideoats Gr,am,a* Bouteloua curnpendula
64 Little Bluestem* Schizachyriurn scoparium
200 Buffalo grass Buchloe dactyloides
40 Indian Grass* Sorghastrum avenaceum
16 Big Top egrass* Era gros' tis hirsuta
16 Weeping Lovegrass Eragrostis curvula
80 Canada Wild Rye* Elynzus� canadenyis var.
canadensis
*These grasses are not to be planted within ten feet of a road or parking lot or
w*thin three feet of a walkway.
3 Wildflower seed-All wildflower seeds are,tobe.hand broadcast, (see 3.02,A).
The seed shall be planted between"March 5 and May 31 or between September I
and December 1 and shall consist of
4
Lbs. "CMS/Acre Common Name Botanical Name
10 F'oxglove* enstemon cobaea
20 Lancelea,f C reopsis Coreopsis lanceolate
so Bluebonnet Lupinus texensis
I o Pink Evening Pn*nuose Oenothera spectosa
10 Purple Coneflower* Echinacea purpurea
20 Ind"Ian Blanket Go tylla rdia p u Ich ella
10 Mexican Hat R,atibida columnaris
3 Maximillian Sunflower* Helianthus maximiliana
10 Winecup Callirhoe involucrata
10 Lemon Mint* Monarda citriodore
*These wildflowers are not to be planted within ten feet of a road or parking lot
within three feet of a walk-way.
4. lemporary erosion control seed
V1hen specified on the plans, temporary control,measures shall be performed.
These measures shall consist of the sowing of cool season plant seeds and the
work and materials as required in this section,
B Mulch
I Mulch should he designed for use with conventional mechanical or hydraulic
planting of scud, either alone or with fertilizer.
2. Mulch should be wood cellulose fiber produced Erom virgin wood or recycled A!7
paper-by-pro,ducts(waste products from paper mills or recycled new'spaper).
3. Mulch should contain no growth or germination inhibiting factors,
4. Mulch should contain no more than ten(10) percent moisture, air dry weight basis.
5. Additives shall include a binder in powder forrn.
Ik
6. Material shall form a strong moisture retaining mat.
M.
SECTION 02930-SEEDING
-3-
^ I
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w'° 9
C. Fertilizer
f. All fertilizer shall he delivered In hags or containers clearly labeled showing the �
analysis.
2. All fertilizer shall be In acceptable condition for distribution and shall be applied
uruifor l "over the planted area
3. Analysis, of 16-20-02 f - _ „, or as designated on the plans. Fertilizer rates w
a.. No fertilizer is required for wildflower seeding.
b. ere applying fertilizer on newly established seeding areas one hundred
war
(100)pounds of Nitrogen per acre.
C. Where appl'g fertilizer on established seeding„areas—one hundred fifty
(150)p+ unds of Nitrogen per acre. ^
W 71.,. ppC
" a
D. "mater: Shall be famished by the Developer/Contractor e an s olf emp pLaap ete�.n
atuon watertruckorbya n y other method necessqU to acbieve a viable accentab 1e
stand of turdd as noted in 3.04.B.2. The water source shall be clean and free f d dal
wastes or other substances harmful to the germination of the seed or to the growth of the
vegetation. The amount of water will vary according to e weather variables. Generally,
an amount of water that is equal to the average cunt of rain-fall plus one half inch
(1/2")per week should be applied for approximately two to three weeps or until pro ect is
accepted by the City.
E Erosion Control Measures
w..
I For seeding application In areas up to 3:t slope, use cellulose, fiber or recycled
paper mulch (see 2.01, B. Mulch and 3.03). 1
2. For seeding appllcation in areas 11 slope or greater, use the following Sol
retention blanket (Follow the manufacturer's directions)-,
r.
"Curlex I," from erlcan Excelsior, 900 Ave, H East, Poist Office Box 5624, �
Arlington,Texas 6 01, 1-8001-777-SOIL.
2.02 MIXING V..
Seed, ,mulch,fertilizer and water may he mixed provided teat:
L Mixture is ufformly suspended to form a homogenous slurry.
2. Mixture forrns a blotter-like greed cover impregnated Miformly with gas seed.
31. Mixture xture is applied within thirty 3 minutes after placed in the equipment. `
, M
SECTION 02930-SEEDFNG
-
PART 3 EXECUTION
3.01 SEEDED PREPARATION
A. Clear Surface of All Materials, Such As
1. Stumps, stones, and other objects larger than one inch. "
2. Roots,brush,wire,stakes, etc.
3. Any objects ects that may interfere with seeding sinter c .
B. Tilling
1. In all compacted areas till one 1 inch deep.
2. If area is shaped greater than 3:1, run a tractor parallel to slope to provide less
seed/water run-off.
3• In areas near,trees: Do not till deeper than one half inch (1/2") inside "dnp line"
of trees.
"
C. Watering-, Soil should he watered to a minimum depth of four inches within forty eight �
(48) hours of seeding.
3.02 SEEDING
M.
A. if Sowing Seed By Had 6�
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Broadcast seed in two directions at fight ht an les to each other.
2. Haxrow or rake lightly to cover seed.
3. Never,cover seed with more sail than twice its diameter.
4# For wildflower plantings, scalp existing grasses to one inch, remove grass
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clippings, so,seed can make contact with the soil,
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w Mechanically Seeding llir :
Jf eeharrically seeding drilling)the seed or seed mixture,,the quantity specified shall he
u distributed stibuted over o areas shown plans or w ere directed. All
of seed as well as fertilizer,may be distributed at the same t" e provided that each
component is uniformly applied at the specified rate, Seed shall be drilled at a depth of
from one quarter 1/4" .inch to three eighths 3/ ") inch utilizing ,pasture or rangeland
type drill. All drilling is to he on the contour. After planting, the area stall he rolled with a
a roller integral to the seed drill, or a corrugated roller of the "Cultipael er" type, All
rolling of slope areas shall be on the contour.
3.03 MULCHING
A. Apply ur�ifcrmly after completion of seeding in areas up to 3�:1 slope. Mulch may be
applied,concurrently with fertilizer and seed'.,if desired..
B. Apply at the following gates unless otherwise shown on play s:
I- Sandy soils, flat surfaces - minimum 1,500 labs,/acre.
2. Sandy soils, sloping surfaces -minimum 1,800 lbsw/acre.
3. Clay soils, flat surfaces - minimum 2,500 ihs./acre.
4. Clay sails, sloping surfaces minimum 3,000 lhsw/aerew
SECTION 02930-SEEDING
-5-
SECTION 03300— AST IN LACE CONCRETE
1.01 �C PE l' WORK
A. Concrete Sidewalk
B., Concrete Handicap Ramps
C. Shelter l Bench Picnic Table Slabs
D. Playground,Edging
E. Concrete Walls and Footings
Fl. Related work elsewhere. Section O� 92 —Joint Sealants
1.102 QUALITY AS SURAN CE
Reference Specifications: The work under this division of the Specifications shall
conform generally t o he requirements of Item 314- "Concrete Pavement", Item 406-
"Concrete for Structures", and Item 410—"Concrete Structures"' of thee City of Fort
Worth's Standard S-oecifications for Street and Storm Draf Construction.,
PART 2-MATERIALS
2.01 FORMS
F rrns shall be of ample strength, adequately braced,joined neatly and tightly and set
exactly to estahli h.ed line and grade.
2.02 REINFORCING MATERIALS
Reinforcing Bars. Reinforcing bars shall he round deformed bars meeting the
requirements the current standard Specifications for Intermediate Grade Billet Steel
Concrete Reinforcing Bars of the A.S.T. r. Designation A-615. Reinforcing bars at they
time the concrete is placed shall be free,from rust,scale or other coatings that will destroy
or reduce the herd. general reinforcing tars shall he number three bars spaced eighteen
inches (18"') on center in walks and twelve inch(12")on center in slabs as shown on
Plans.
2.03 CONCRETE MATERIALS
A. Lenient: Portland cement shall meet tie,requirements of A.S.YM. Specification
Designation C-1510 and shall he Type 1.
B. Aggregates Concrete aggregates shall consist of gravel or crushed store and
shall be free from any excess amount of salt, al .ah vegetative matter or other
objectionable mater al,s. The aggregate shalt he well graded from fine to course
and the maximum size shall he one inch.(I"). Pine aggregate shall confoun to
ASTM C33.
C. Water: Water used in mixing concrete shall he clean and free from deleterious
amounts of acids, alkalies, vegetative matter or organic material.. The concrete
CAST-IN-PLACE,CONCRETE
03300
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shall be mixed in an approved batch mixer. The mixing time e shall not be less
than one t minute after all the batch materials are in the mixer. Cement content V.r.-
shall be not less than live sacks per cubic yard of concrete and shall have a �..
minimum twenty eight day 28 compressive strength of 3,0 psi.
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,D. i ing `transit infixed concrete shall meet all the requirements for concrete as
specified above. Sufficient transit nux equipment shall be assigned exclusively to
the prod ect required for continuous pours at regular intervals without stopping
or interrupting. Concrete shall not be placed on the job after a period of one and
one half hours l-1/2) after the cement has been placed in the mixer.
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2.04 LATED MATERUL
A. Expansion Joint Filler: Expansion joint material shall be one inch clear heart
redwood with cap and paved cross section as shown on the plans
Dowels. :vowels for expansion Joints,shall be number four smooth round steel
bars with expansion tubes as shown on Plans, Dowels shall be placed eighteen
inches on center or as shown on Plans.
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C. Lung Compound.. The me,mbranou cunng compound shall comply with the a
requirements of A.S.T.M.,Designation C 3o9,Type 2,white pigmented,
D. PVC Sleeves: The Deve oper/Contractor shall furru'sh and install four inch "
Clas�s Zoo PVC pipe sleeves under concrete walk as shown can plans and details.,
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E. Caulking and Sealants -See Section 07920 Joint Sealants .
2.05 CONCRETE IX DESIGN CONTROL
A. Mix Design: The concrete shall contain not less than five 5) sacks of cement per
cubic yard. Total water shall not exceed,seven gallons per sack of cement. The
mix shall be unito and workable. The amount of course aggregate (dry--loose
volume),shall not be more than eighty five percent 5% per cubic yard of
concrete.
The net amount of water will be the amount added at the mixer plus the free water
in the aggregate or rninus the amount of water needed to cornpens'ate for
absorption by the aggregates. Free eater or absorption determinations will be
based on the condition of the aggregates ates at the time used. the absorption test will .
be based on a thirty minute 3 absorption period.. No grater allowance will be
made for evaporation alter batehin .
B Slump,.- en gauged by the standard slump test, the settlement of the concrete
shall not be less than three inches " nor more than Five inches 5 , unless
otherwise indicated.
CAST AN-PLACE CONCRETE 0330'O
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C. Quality: The concrete shall be designed for a minimum compressive strength of'
3,000 pounds,per square inch at the age of twenty-eight(28) days using a five(5)
sack mix.
: . Control-Submittal: Within a period of not less than ten days,pnor to the start of
concrete operations, the Developer C ontractor shall submit to the City a design of
the concrete mix proposed to be used together with samples of all materials to be
incorporated into the mix and a full description of the source of supply of each
material component. The design of'the concrete mix shall conform with the
provisions,and limitation requiremen is of these speci fi cat'Ions., All material
samples submitted to the City shall be sufficiently large to permit laboratory
bate for the construct-Ion of test beams,to check the adequacy of the design.
When the design mix has been approved by the City, there shall be no change or
deviation from the proportions thereof or sources of supply except as'hereinafter
provided. No concrete may,be p,laced on,the iob site until the iiu*,x desigq has
been apl2roved by the Cily in Wn'tin to the Develop,er/Contracto,r.
PART 3 -EXECUTION
3,011 RE12,qFORCING: Metal reinforcing shall be accurately,placed in accordance with the
`a plans and shall be adequately secured in position by concrete,metal, or plastic chairs and
spacers. Bar splices shall overlap at least,twelve(12"") 'Inches. The re-bars shall be bent cold.
3. 2 JOINTS
A. Expansion Joints: Expansio�njoint materi'als shall be.installed perpendicular to
the surface. The bottom edge of the material shall extend to or slightly below the
bottom edge of the slab and the top edge shall be held approximately one half
(1/2"') inch below the surface,of the slab. The edge of pints shall be tooled with
an edging tool having a one half(1/2 7)) inch radius.
B. Contraction Joints.- Contraction joints shall be one quarter(1/4 7") inch wide by
three quarter(3/4")inch deep, tooled joints,placed on six foot centers, unless
otherwise indicated. Contraction joints will not be required to be sealed. Sawed
loints may be allowed only if specifically approved by the fit f Joints will be
sawed as soon as sawing can be performed without stripping aggregate from the
concrete, generally within twelve to twenty-four(24) hours after placement, and
they shall be completed before wicontrolled cracking of the pavement takes place.
C. Construction Joints: Construction joints shall be installed in all concrete work at
the locations shown on the plans. Construction joints formed at the close of each
day's work shall be located at any of the control Joints designated on the Plans.
Joints may be constructed by use of wood or prefonTied metal bulkheads set true
to the section of the firdshed concrete and cleaned and oiled. Surplus concrete on
the subgrade shall be removed before resuming concreting operations.
CAST -PLACE CONCRETE
03300
3,-
3.03 PLACING CONCRETE: Placement of Concrete: The concrete shall be rapidly deposited
on the sub grade immediately after mixing is completed. Subgrade and forrns shall be
dampened prior to placement of the concrete. The concrete shall be transported,placed
and spread in such a manner as to prevent segregation of the aggregate or an excess
amount of water and fine materials to be brought to the surface. No concrete shall be
placed when the air temperature is le�s than forty degrees Fahrenheit tlOr When the
temperatuxe of the concrete is eighty-five degrees Fahrenheit or higher,w"
by the City. Ithout approval
Placement shall be carried on at such a rate that the concrete is at all tir ,es plastic and
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flows readily into the space between the bars. No concrete that,has,pa ially hardened or
that has been contaminated by foreign material shall be deposited in the work nor shall
retempered concrete be used. Each section of pavement bets veen expansion and
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con structioInjoIints shall be placed mono litl-&ally, Aft
All concrete shall he thoroughly compacted by suitable means during the OPe,ration of
placing and shall he thoroughly worked around reinforcement and embedded fixtures and
into the corners of the forms. Special care shall be taken to prevent voids and
honeycombing. The concrete shall then be struck off and hull floated to the grade shown
on the plans before bleed water has an opporturu"ty to collect on the surface,
3.04 FMSHING: All concrete shall be fished by expen"enced,qualified concre e f
ru 't imshers.
All concrete shall have a neat I I
rounded edge. Ed IN g andjo'nt"ng,(radius gin described on
plans) shall be accomplished with care so as not to leave deep ressi
1MP ionsIn the concrete
surface adjacent to edges and joints. After the concrete has been floated and has set
sufficiently to support the weight of cement finishers,, a smooth steel trowel will be used
to produce hard surface. The entire surface will then be brushed with a Stiff bristle broom
to produce a uniform textured firu'sh. All edges and sides of concrete exposed to view
shall be free of warp and blemishes with a unl'form texture and smoothness as described
in plans.,
3.0,5 CURING: Curing Compound,: Irrumediately after the finishing operations, the concrete
shall be completely covered with a cun'ng compound. The concrete surface shall be kept
moist between finishing operations and the application of the curing c o MPOund. The V
curing compound shall be applied under pressure by means of a spray r1Ozzle at a rate not °m,w�7t.,'
to exceed two hundred(2010)square feet per gallon, A minimum
Of seventy two (72)
hours curing time will be required.
3.06 CONCRETE WALLS
A. Placing Concrete
Where trernies are used, or where the ,free drop'is five(5) feet or more,
and th-rIoIugh reinforcement, use a dumping box or board
Moving the
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concrete therefrom by shovels or hoes.
2. Deposit concrete so, that the surface is kept level throughout
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being permitted to flow from one position to another, and place as rapidl),.
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as practicable after mixing. N
CAST-IN-PLACE CONCRETE
033001
.4-
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3. Do not use in this work any concrete not placed within thirty 3 minutes
after leaving,the mixer.
4. Thoroughly work concrete around reinforcement and embedded fixtures,
and 'into;comers,of fo s, duning placing operations.
5. Completely compact with tarnping penes and by apping forms until the
concrete is thoroughly hly com act and without voids. Determine the number
of tampers needed by the amount and method of placing concrete,
6. Exercise care to tamp concrete vigorously and thoroughly to ohta
maximum density.
7. Use manual tampers as well as mechanical vibrators.
a. Exercise care to direct the quick handling of vibrators from one
position to another.
b,. Do not ov er-vib rate concrete.
C. Do not move concrete by use of vibrator.
B. Finishing
1. All formed surfaces exposed to, view shall have a medium broom finish.
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3.017 PROTECTION
After concrete is,placed, finished and cured as required,permit,no traffic thereon for
three days thereafter and further protect the surface from damage due to ether causes.
END OF SECTION
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CAST-IN-PLACE CONCRETE
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Mayor n dCounc"11 Co uniocatimoin
COUNCIL ACTION:' Approved' o 9/2012011
DATE: Tuesday, September 20, 2011 11 REFERENCE NO l.: L-152491
LOG NAME: 80GATEWAY PARK PIPELINE OUTH )i
SUBJECT-
Conduct a Public Hearing and Authorize the Use of a Portion of the Subsurface of Gateway Park for the
Purpose of Installing an Eiglht-Inch Natural' Gas Pipeline and Authorize the Execution o!f'a License
Agreement with Texas M�i'dstream Gas Services, LLC, in the Amount of$16,026.26 (COUNCIL DISTRICT
4)
RECD MMENDATION14
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 for the use of Gateway Park south for the location of
the proposed natural gas pipeline,
3. Find that the prolpolseld natural gas pipeline includes all reasonable planning to minimize harm to the
parkland and including that the pipeline will be constructed in Gateway Park as specified on, the attached
exhibits and as noted in the discussion bellow;
4. Close the public hearing and authorize the use of approximately 0.156 acres of dedicated parkland of
Gateway Park for the installation of an eight-inch natural gas pipeline; and
i
5,. Authorize the execution of a License Agreement with Texas Midstrelaml Gals Services, LLC, in the
amount of$16,0126.,26.
Gateway Park - 751 Beach Street, Mapsco 614T, U, V, X) Y, and Z and 78A, B and C, located east of
Beach Street, north of 1-30 Tom Landry Highway', south of First Street and west of Oakland
Boulevard, in Council District 4.
DISCUSSION.
The purpose of this MI&C is to authorize the execution of a License Agreement with Texas Midstream Gas
Services, LLC, in the amount of' 16,026.26 for use of approximately 01.156 acres of the subsurface of
Gateway Park for the purpose of installing an eight,-inch natural gas, pipeline.
The Parks and Community Services Department (PACSD)1 has bleen approached' by Texas Midstream
Gas Services, LLC, JIVIGS) to install a natural gas pipeline in Gateway Park (south). The natural gas line
will be servicing the Thomas to Hickman Pad Sites. The pirolposed alignment would allow for an eight-inch
natural gas pipeline beneath the park. A 3,39,.18 linear feet by 20-folot wide Pipeline License Agreement
area is being requested, and the requested area equates to approximlately 0.156 acres (6,784 square
feet).
Logname: 80GATEWAY' PARK PIPELFNE (SOUTH) Page I of'2
i
The location of the pipeline was chosen in consideration of the future development plans for Gateway
Park. Customarily, it is the P,ACSD practice to avoid the removal olf'trees. However, due to constraints
being caused by future development plans, two trees (one six-inch and one 12-inch Cedar El�m) will be
impacted by the proposed pipeline allignment within the park and will have to be removed. A mitigation fee
is not being requested because the trees being removed were determined' to be of poor quality by the City
Forester. TMGS has agreed to maintain a minimum depth of five feet for open-trenched areas of
construction and a minimum of 10 feet for bored areas. A License Agreement will be required'.
On July 27, 2011, the Parks and Community Services Advisory Board CP CS endorsed staff s
recommendation that the City Council authorize the use of approximately 0.1 56 acres at Gateway Park for
the installation of a natural gas, pipeline. In accordance with State law, the public notice, was advertised in
the Fort Worth Star-Tel's ram on August 23, 201,1, August 30, 2011 , and September 6, 20111. An exhibit
map was available for public review for 30 days at the P'ACSD administrative offices located at 42010
South Freeway, Suite 2200.
A letter announcing the proposed use was sent to the president of the White Lake Hills Neighborhood
Association on August 26, 2011. Slignage was posted at the site noting the proposed use and providing:
instructions for directing comments to the Parks and Community Services Department., Staff will note any
received public comment during the public hearing Report of City Staff.
Staff is recommending as a condition of granting this alignment, that TIVIGS, be assessed the
recommended standard fee of'$47.25 per linear foot of pipeline. This amount is consistent with fees
assessed under the City's current Right-of Ways Use Agreements,for installation of non-utilit ► equipment,
appliances or appurtenances in public rightsof�way. In this instance, a fee of approximately $16,0126.26
will be assessed for approximately 339.18 linear feet of pipeline.
The funds generated from the assessment will be distributed in accordance with the City 11s Financial
Management Policy Statements for Gas-Related Revenue.
Gateway 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 Cilty-
............ ............ ................ ............
FUND CENTERS:
TO Fund' AccC unt/C enters FROM Fuind/Account/Centers
,
C282 446,300 801929990300 3.11%3#
T122 4463010 080192003371 810,113.13
..................,_.............. .......
CERT1F.11CAT10NS,4-0
Subm"Ifted for Cli"!y. Managgfs office by* Susan Alanis (8180)
Originat'I'm Department Head:. Richard Zavala (5704)
Add"Ift"Iona! Information Contact: David Creek (5744)
........... ............ ..............
ATTACHMENTS
1. MAYOR AND COUNCIL COMMUNICATION'S aerial.doc (Public
2., MAYOR AND COUNCIL COMMUNICATIONS pipeline routel.doc (Public)
Log ame.- 80GATEWAY PARK PIPELINE (S0tJTH )1 Page 2 of 2