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Contract 33278
CITY SECRETARY CONTRACT NO. Permit and Waiver of Encroachment on Original Easement WHEREAS, this Permit and Waiver of Encroachment on Original Easement ("Agreement") is between the City of Fort Worth ("City") and XTO Energy Inc., whose address is 810 Houston Street, Fort Worth, Texas 76102, ("User"); and WHEREAS, on August 9, 1989, Gifco Properties, Inc. ("Gifco") dedicated a thirty foot easement to the City for a fifty-four inch diameter Water Main, such easement is recorded in the Deed Records of Tarrant County, Texas at Volume 09733, Page 0343 ("Original Easement"). A copy of the Original Easement is attached hereto as Exhibit A; and WHEREAS, on December 2, 2005, Crawford H. Edwards, Individually and as Attorney-in-Fact for Beauford T. Erwin III, Chandra Geren Pate, Eva Geren Motheral, Natalie N. Erwin, Holly C. Erwin, Sarah E. Motheral, Paxton E. Motheral, Mason L. Pate, A Preston Pate, C. Patrick Pate, Jr., Matilda Edwards Rodgers and Mary Martha Edwards Richter and Edwards Partners Limited, a Texas limited partnership (together, "Owner") granted User, by that certain Pipeline Right of Way and Easement recorded as Document Number D205361158 in the Official Records of Tarrant County, Texas (the "Edwards Easement"), a non-exclusive easement and right-of-way, but exclusive for the purposes of laying, constructing, maintaining, operating, altering, repairing, replacing and removing one pipeline not to exceed ten inches (10") in diameter, with all necessary and convenient appurtenances as provided for in the Edwards Easement, under and through a strip of land ten feet (10') in width (being thirty feet (30') during construction maintenance and removal) along as route as set forth therein and across land as therein described. A copy of the Edwards Easement is attached hereto as Exhibit B; and WHEREAS, the Edwards Easement is within the Original Easement; and WHEREAS, User desires permission from the City to utilize the Edwards Easement and the facility as therein provided ("Encroaching Facility") within the area or boundaries of the Original Easement and more particularly described in Exhibit C ("Encroachment Easement Area"); The specifications of the Encroaching Facility are also attached as Exhibit C; and WHEREAS, City desires to allow User to utilize the Edwards Easement within the Encroachment Easement Area so long as User constructs the Encroaching Facility in accordance with this Agreement. NOW, THEREFORE, in consideration of City granting User this permit and waiver of encroachment on the Original Easement, User shall construct the Encroaching Facility in accordance with the following terms and conditions: 1. Location of Encroaching Facility. Subject to the terms of this Agreement, City grants User permission to utilize the Edwards Easement and the Encroaching Facility in the Encroachment Easement Area, but only as described and shown on the attached drawing marked Exhibit C and incorporated herein, with such facility generally described as being five feet (6) offset from the north easement lin 1 Ciff SECIRMY Easement. User may not relocate the Encroaching Facility within the Encroachment Easement Area without the consent and written approval of City, which consent and approval shall be at City's sole discretion. The User agrees to bury all pipes at a minimum of thirty six inches (36"), however, if the pipeline is underneath a road, the Encroaching Facility shall be buried at a minimum of sixty inches (60"). User acknowledges and agrees that City holds easement rights on the Encroachment Easement Area and that User's use of the Encroachment Easement Area shall not materially interfere with City's rights. 2. Term of Easement and Encroachment Agreement. So long as User is in compliance with the terms and provisions of this Agreement, this Agreement shall continue; however in the event that User is in default of the terms and conditions contained herein, this Agreement shall terminate as provided in Section 8. 3. Restrictions on Use of Easement Area. A. User shall use only so much of the Encroachment Easement Area as may be necessary to construct, maintain, operate, repair, replace and remove the Encroaching Facility. Use agrees to install the Encroaching Facility within one foot (1') horizontal tolerance from the alignment delineated in Exhibit C. User shall, at its own cost and expense, comply with all applicable laws, including but not limited to existing zoning ordinances, governmental rules and regulations enacted or promulgated by any governmental authority and shall promptly execute and fulfill all orders and requirements imposed by such governmental authorities for the correction, prevention and abatement of nuisances in or upon or connected with the construction, operation and maintenance of the Encroaching Facility. At the conclusion of any construction, User shall remove all debris and other materials from the Encroachment Easement Area and restore the Encroachment Easement Area to the same condition it was in prior to the commencement of User's construction thereon or in proximity thereto. B. User shall not place upon the Encroachment Easement Area any improvements, including but not limited to, buildings, light standards, fences, shrubs or trees unless approved in advance in writing by City. 4. Maintenance of Encroaching Facility. User, at User's sole expense, shall maintain and operate the Encroaching Facility. City will not be responsible for any costs of construction, reconstruction, operation, maintenance or removal of User's Encroaching Facility. 5. Risk and Liability. User assumes all risks and liability resulting or arising from or relating to User's use, the existing condition or location, or existing state of maintenance, repair or operation of the Encroachment Easement Area. It is further agreed that City shall not be liable for any damage to the Encroaching Facility as a result of City's use or enjoyment of its Easement except when caused by the gross negligence or willful misconduct of City, its agents, servants, or employees. Any City property damaged or destroyed by User or its agents, employees, invitees, contractors or subcontractors shall be repaired or replaced by City at User's expense and payment is due upon User's receipt of an invoice from City. It is L inderstood that 0��IC`W, ilk, CC- 2 CIf R RR Y FT. W1,0001 TIX. it is not the intention of the parties hereto to create liability for the benefit of third parties but that this Agreement shall be solely for the benefit of the parties hereto. 6. Insurance. User shall not enter the Encroachment Easement Area and commence construction of the Encroaching Facility until it has obtained the following insurance coverage and shown proof of such coverage to City: A. Commercial General Liability (CGL) Insurance Policy $1,000,000 each occurrence $2,000,000 aggregate limit B. Automobile Liability Insurance Policy $1,000,000 each accident on a combined single limit basis or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. C. Workers' Compensation Insurance Policy Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee. D. POLICY REQUIREMENTS i. The City, its officers, employees and volunteers shall be named as an additional insured, except that the additional insured status does not apply to Workers' Compensation policies. ii. Forty-five (45) days notice of cancellation or non-renewal. The following clause is required: "This insurance shall not be canceled, limited in scope or coverage, cancelled or non- renewed, until after forty-five (45) days prior written notice has been given to the City." WRIA W05 CITY �N�p��ff 3 Fy, r�UH I YEK, iii. Wavier of rights of recovery (subrogation) in favor of the City. iv. The insurers for all policies must be licensed/approved to do business in the State of Texas and have a minimum rating of A: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of City's risk management. V. The City, at its sole discretion, reserves the right to review the insurance requirements and to require reasonable adjustments to insurance coverages and their limits when deemed reasonably necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as User. The City shall be required to provide prior notice of ninety (90) days. vi. The City shall be entitled, upon request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of party or the underwriter on any such policies. 7. INDEMNIFICATION. USER, TO THE EXTENT ALLOWABLE BY LAW, AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS CITY, ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSS, DAMAGE, LIABILITIES, COSTS AND EXPENSES (INCLUDING ATTORNEY'S FEE AND COURT COSTS) OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT OR SUFFERED BY ANY PERSON OR PERSONS THAT MAY ARISE OUT OF, OR BE OCCASIONED BY, THE NEGLIGENCE, MISCONDUCT OR OMISSION OF USER, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, SUBCONSULTANTS, OR ANY OTHER PERSON AUTHORIZED BY USER ENTERING ONTO THE ENCROACHMENT EASEMENT AREA OR MAY ARISE OUT OF OR BE OCCASIONED BY THE USE OF THE ENCROACHING FACILITY, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE GROSS NEGLIGENCE, WILFULL MISCONDUCT OR SOLE NEGLIGENCE OF CITY, ITS OFFICERS, OR AGENTS AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF CITY AND USER, RESPONSIBILITY AND INDEMNITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY. 8. Termination. This Agreement shall terminate upon the abandonment of the Encroaching Facility as set forth in the Edwards Easement. Upon termination, User shall have thirty (30) days to remove the Encroaching Facility. If User fails to remove the Encroaching Facility, City may remove the Encroaching Facility as City deems 0F�iC!,Jw� 4 CIV � appropriate; however, User shall be responsible for any removal costs incurred by City. 9. Survival. The parties agree that the duties and obligation contained in Paragraph 5 and 7 shall survive the termination of this agreement. 10. No Hazardous or Toxic substances. Under no circumstances during the term of this Agreement shall User use or cause to be used, store or dispose of any hazardous or toxic substances or materials on the Encroachment Easement Area. 11. Liens. User will not cause or permit any mechanics' liens or other liens to be filed against the Encroachment Easement Area by reason of any work, labor, services, or materials supplied or claimed to have been supplied to User. If such a mechanic's lien or materialman's lien is recorded against the Encroachment Easement Area, User must either cause it to be removed or, if User in good faith wishes to contest the lien, take timely action to do so, at User's sole expense. 12.Governing Law. This Agreement shall be construed in accordance and governed by the laws of the State of Texas. 13. Contract Construction. The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 14. Severability. The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. 15. Venue And Jurisdiction. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. 16. Bindinq Effect. This Agreement shall extend to and be binding upon User and its heirs, successors, and assigns, and is not to be interpreted as a waiver of any rights held by City under its Original Easement. 5 Executed to be effective as of the date of the last signature of City and User. CITY: Approved as to Form and Legality City of Fort Worth =, A` Marc Ott, Assis ant City Manager Assistant City Attorney Attested By: USER: XTO ENERGY INC. I�[arty Hen �L � City Secretary dol. ' Edwin S. Ryan, Jr. 0,CyC ' Senior Vice President - Land ::ontract autho izatioa 6 OR ���m��Q��x� ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Edwin S. Ryan, Jr., Senior Vice President - Land of XTO Energy Inc., a Delaware corporation on behalf of sai orp ation. GIVEN UNDER MY HAND AND SEAL OF OFFICE this .-� day of ,2006. Notary Public in and for the State of Texas =STATEOF `�'R STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Marc Ott, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this. day of ,2006. HETTIE LANE • My COMMISSION EXPIRES Notary Public in and for the State of Texas Juy 26,2007 ro .. — — Exhtbr "A " -' s Pt EASEMENT That we, GIFCO PROPERTIES, INC. of Tarrant County,Texas, for and in consideration of One Dollar($1.00)and other valuable consideration paid by the City of Fort Worth, a municipal corporation of Tarrant County, Texas, receipt of which is hereby acknowledged, do grant, bargain and convey to said City, its successors and assigns. the use and passage in and along the following parcel or tract of land situated in Tarrant County,Texas. FIELD NOTES FOR A 30 FOOT PERMANENT UTILITY EASEMENT BEING a 30 foot permanent utility easement over and across that certain GIFCO PROPERTIES, INC, tract situated in the B.B.B. b C.R.R. Co. Survey, Abstract 220, Tarrant County, Texas, said tract being described in Volume 9325, ' Page 714 of the Deed Records of Tarrant County, Texas, said 30 foot permanent utility easement to be more particularly described by metes and bounds as r follows: BEGINNING at a 1/2" iron rod found for the Northeast corner of the above referenced GIFCO PROPERTIES, INC. tract and the Sout-heast corner of the Texas Electric Service Co. tract as described in Volume 7052, Page 447 of the Deed Records of Tarrant County, Texas and being in the West right-of-way line of. Boat Club Road (FM 1220); THENCE South 00' 50' 14" West, a distance of 523.60 feet with the East boundary line of said GIFCO PROPERTIES, INC. tract and the West right-of-way' line of Boat Club Road (FM 1220) to a point for corner; THENCE North 89' 02' 41" West, a distance of' 30.00 feet to a point for corner; ' THENCE North 00' 50' 14" East, a distance of 492.97 feet to a point for corner; THENCE South 89' 46' 04" West, a distance of. 4493.87 feet to a point for corner in the West boundary,line of said GIFCO PROPERTIES, INC. tract; ' THENCE North 00' 00' 271' East, a distance of 30.00 feet with the West boun- dary line of said GIFCO PROPERTIES, INC. tract to a point for the Northwest corner of said GIFCO PROPERTIES, INC. tract and being the Southwest corner of the above mentioned Texas Electric Service Co. tract and the Southeast corner of the Texas Electric Service Co. tract as described in Volume 2574, Page 261 of the Deed Records of Tarrant County, Texas; ' THENCE North 89' 46' 04" East, a distance of 4524.31 feet with the North boundary line of said GIFCO PROPERTIES, INC. tract and the South boundary.line of said Texas Electric Service Co. tract back to the place of beginning con- raining 3.4555 acres of land or 150,521.18 square feet, SEE ATTACIDIENT "A" e::Y:.�.J yJNi•.r1 � TO HAVE AND TO HOLD the above described premises, tog 61 HittLWitli"All'! � }i the rights and appurtenances thereto in anywise belonging, unto the`.sa.181:�y of art •� suc- cessors and assigns,forever.And we do hereby bind ourselves, gns. to warrant and forever defend,all and singular,the said premises unto the said City o1 Fort Worth,its successors and assigns,against every person whomsoever lawfully Claiming or to claim the same or any part thereof. " It is intended by these presents to convey a right-ol-way to the said City of Fort Worth to main- lain and construct the above improvements, with the usual rights of ingress and egress in the necessary use of such right-of-way, in and along said premises. Y WITNESS m hand this,the-R — Shday of_AUgust A.D.19 -------- - GIFCO pROE RTIES,.INC____ i _BY: i/ _ Address of Grantee: 1Ge Presl e� 72 . City of Fort Worth Real Property Management � ����` 1000 Throckmorlon Street Fort Worth,Texas 76102 Off _ _ _----- 09733 0 3 1 : -, STATE OF TEXAS COUNTY OF TARRANT § u3 I ' I.3• i, Before me, a Notary Public in and for the Stale 11 of Texas,on this day personalty appeared is ( (and) known to me to be the person(s)whose name(s)is(are) subscribed 10 the foregoing instrument and acknowledged to me that(he)(she)(they)executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office,this day of _ A. D. Notary Public in and for the State of Texas le ' THE STATE OF TEXAS § + DALLAS COUNTY'OF T-ARftA.Nl: § I : Before me, • Nancy C. navie ,a Notary Public in and for the State of Texas,on this day personally appeared Harold I _ kigge Ii • . (Presidenp(Vice•President)(Attorneyin•Fact)ot Gifco ProQerties. Ine- a corporation,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he excused the same in the capacity Indicated,as the act and deed of said corporation,and for the purposes and consideration therein expressed. Given under my hand and seat of office,this 9th day.of August k i - A. D. 19 89 a Nota Public in and for l NANCY C.DAVIS the Stale of Texas IYtry►iikshft M tae l I; «,►p r44a Ewm 1/70/90 v r tt�:•� • N ' ' W i � E EUj x o Ooa � W y rL U. N ,V S ¢ :i.C(D W C33: . U V �o A v C • LL o C LL 09733 0344 I ' e W.J. BOAZ DR. f ESMT. N LOCATION 6 0 0 0 ROBERTSON RD. F 0 i VICINITY MAP Texas Electric Service Company 2574/261 ' r i N 89'46'04" E 4524.31 P.O.B. o S 89'46'04" W 93.87- w 3 Q 44 N 00'00'27" E 3.4555 Ac7d.i• 30.00' o°' 0,•� Glico Properties, Inc. in rn Ronald 9325/714 0 t 0 Q Gordon 0 Rosen Z M i N 89'02'41" W 30.00' j 0 400 800 1200 • SCALE IN FEET Ormius IL.irUM *-1117 GB(IC ..SURy ATTACH MENT .:A_., Dennis H. Walker Registered Public Surveyor PERMANENT UTILITY EASEiviEivT State of Texas No. 2117 Q g. -= -- 3.4555 ACRESf�i��% V ? i 09733 0245 _—.__,_........ ..._'. .. - .. �. � .—;� '�_' T;i .. ... .. .....c...�'.�� ... .. .. �Y f•�L'V IY.i 1u51 "EXHIBIT B" NOTICE OF CONFIDENTIALITY RIGHTS: iF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. PIPELINE RiGHT OF WAY AND EASEMENT 70 r a z rh STATE OF TEXAS § ;� i § KNOW ALL MEN BY THESE PRESENTS: cn ?,- COUNTY OF TARRANT § xM -o --t c) That, Crawford H. Edwards, Individually, and as Attomey-in-Fact for Beauford Tresin 60. Chandra Geren Pate,Eva Geren Motheral,Natalie N.Erwin,Holly C.Erwin,Sarah E.Mothera',Faxt@N >c E. Motheral, Mason L. Pate,A. Preston Pate, C. Patrick Pate, Jr., Matilda Edwards Rodgers; Mary Martha Edwards Richter and Edwards Partners Limited, a Texas limited partnership; herein called GRANTOR(whether one or more),for and in consideration of the sum of ONE HUNDRED DOLLARS ($100.00)and other good and valuable consideration in hand paid,the receipt and sufficiency of which are hereby confessed and acknowledged, does hereby grant, bargain, sell and convey unto XTO ENERGY INC.,herein called GRANTEE,whose address is 810 Houston St.,FortWorth,Texas,76102- 6298,and its successors and assigns,a non-exclusive easement and right-of-way,but exclusive forthe purposes of laying,constructing,maintaining,operating,altering,repairing,replacing and removing one pipeline not to exceed ten inches(10")in diameter,with all necessary and convenient below ground valves, connections, fittings and appurtenances for the transportation of oil, gas and related hydrocarbons,and erecting,maintaining and removing cathodic protection equipment under and through a strip of land ten feet(10')in width along a route as shown on Exhibit"A"attached hereto and made a part hereof and as described on Exhibit'B"attached hereto and made a part hereof,across the land described below,to wit: 189.313 acres,more or less,in the BBB&C RR Co.,Survey, Abstract No.220,Tarrant County,Texas,described as Tract IV in the deed recorded in Volume 10899,Page 511, Tarrant County Deed Records,reference to which is made for all purposes. TO HAVE AND TO HOLD unto said XTO Energy Inc., its successors and assigns, such easement and right-of-way for the purposes granted herein for as long as a pipeline is operated and maintained thereon by Grantee,its successors and assigns in accordance with the terms of this grant. This Easement and Right-of-Way Agreement is made subject to the following terms and conditions: (1) Grantee shall have the rights and benefits necessary or convenientfor the full enjoyment or use of the rights herein granted including,without limitation,the.free right of ingress and egress over and across the above described lands to and from said easement and right-of-way. Grantee shall make any reasonable and feasible changes within this easementwhich may be required by govemmental authority having jurisdiction in order to secure approval of a plat forfuture development of Grantor's land,provided such changes would not have the effect of eliminating,reducing or impacting Grantee's ability to use or continue operation of the pipeline or the right of way and easement rights granted hereby. (2) Grantor reserves unto themselves,their successors,assigns and lessees,the right of such use of the land embraced within the right-of-way described above,including the right to produce minerals under such land,provided the exercise of such rights will not interfere with the exercise by Grantee of the rights granted herein and the safe operation of its pipeline. Grantor shall.not construct,or permit to be constructed,any house or building or any other structure except any roads,driveways,utilities,oil and gas lines,and other Items which will not interfere with Grantee's pipeline and the safe operation of its pipeline.Prior to Installing any above ground utilities or roadways over and across the right-of-way, Grantor shall first inform Grantee In writing as to the location of such utilities or roadways.Grantor shall not excavate or install any underground utilities or lines on or across any portion of the right-of-way without the prior written consent of Grantee, which consent shall not be unreasonably withheld by Grantee. In the event the exercise of any rights reserved by Grantor herein necessitate reasonable alterations to Grantee's pipeline,and such alterations would not have the effect of eliminating,reducing or impacting Grantee's ability to use or continue operation of the pipeline or the right of way and easement rights granted hereby, upon reasonable notice to Grantee, Grantee shall make such reasonable alterations,at Grantor's expense,as may be necessary and after notifying Grantor of such alterations. (3) During construction,maintenance or removal of a pipeline hereunder,Grantee may use a strip of land thirty feet(30')in width which shall revert to a ten foot(10')permanent easement and right-of-way strip for operation of the pipeline. At locations such as roads,streams,ditches,or specific areas which require more difficult installation procedures,Grantee shall have such additional space as is reasonably required during construction of the pipeline. 2903.110OCY245200 Page 1 ora Pages (4) Grantee will not place and maintain above ground fixtures on Grantors property(other than risers,valves,taps and related metering facilities for any pipeline taps,wire leads for cathodic protection and pipeline markers)without the prior written approval of Grantor. Upon written request of Grantor,and upon execution of a mutually acceptable form of a gas purchase contract,Grantee agrees to provide up to three(3)taps at mutually agreed upon locations for the purpose of delivering gas produced from wells on Grantors land into Grantee's pipeline. Grantee shall own such taps(risers,valves and any meters provided by Grantee). Grantor will provide,at no cost to Grantee,the surface locations for the required taps,meter sites and related access. (5) Grantee shall install proper bracing for crossing of all fences, leaving said bracing after construction,and shall repair the fence to as near its original condition as is reasonably practical.if there are gates or roadways now existing along the right-of-way route Grantee shall have the right to use such existing gates and roadways in the exercise of all rights conferred herein. (6) Grantee shall have the right from time to time to cut and keep clear trees,undergrowth and other obstructions on said easement and right-of-way that may endanger or interfere with the construction, operation and maintenance of the pipeline or appurtenances to said pipeline. (7) Grantor hereby binds themselves,their heirs,executors,administrators,successors and assigns to warrant and forever defend all and singular said premises unto Grantee,its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. (8) Grantee agrees to bury the center of the pipeline to a depth at least equal to the center of the existing City of Fort Worth water line and no lower than the bottom of the existing City of Fort Worth water line. (9) This instrument may be executed in counterparts and each Grantor herein shall receive payment hereunder in such proportion as his/her respective interest bears to the entire fee simple title. (10) Once the pipeline has been installed,the abandonment of the pipeline constructed hereunder for a period of twenty-four(24)consecutive months shall cause this easement and right-of-way to ipso facto terminate and be of no further force and effect In such event,Grantee shall furnish a recordable release to Grantor,provided,however,that Grantee may,within six(6)months after the termination hereof, remove in whole or in part the pipeline and appurtenances,or may abandon all or part of said pipeline and appurtenances in place and such abandoned facilities shall become the property of Grantor. (11) it is further understood and agreed that the consideration paid for this servitude and right-of-way is also full,complete and final payment for any and all Injuries and damages to land,crops,timber, fences and improvements on,over and across the premises occasioned by the construction of the initial pipeline installed hereunder. Grantee shall pay to the Grantor and to all persons entitled to same,actual damages to the land and improvements which result from modifications, removal and all other operations by Grantee subsequent to the initial construction on the easement granted here. Grantee also agrees to pay to the person or persons entitled to same, actual damages to the land and Improvements which may result from the existence of Grantee's pipeline in said right-of-way whether from leakage,breaking or any other cause, including lightning,acts of nature,storms, breakage or damage resulting,whether similar or dissimilar,excepting only such damages as are directly caused by Grantor,his employees,agents,lessees,successors or assigns. (12) This instrument covers all of the agreements and stipulations between the parties and no representations or statements have been made that modify, add to or change the terms of this agreement. (13) GRANTEE SHALL DEFEND,INDEMNIFY AND HOLD HARMLESS GRANTOR,THEIR HEIRS, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, SUIT, JUDGMENT,PENALTY,COST,LIABILITY OR EXPENSE WHATSOEVER,INCLUDING ATTORNEYS FEES, ARISING OUT OF ANY CLAIM FOR LOSS OR DAMAGE TO REAL OR PERSONAL PROPERTY, INJURIES TO OR DEATH OF PERSONS, OR CONTAMINATION OF THE ENVIRONMENT ARISING OUT OF, OR IN CONNECTION WITH, CAUSED BY OR RESULTING FROM ANY ACTIVITY CONDUCTED BY GRANTEE OR ITS AGENTS, CONTRACTORS, EMPLOYEES,LICENSEES OR INVITEES ON OR IN CONNECTION WiTH THiS RIGHT-OF-WAY. (14) The rights granted herein may be assigned in whole or in part to any subsidiary or affiliate of Grantee. All other assignments of these rights will require written approval of Grantor,which approval will not be unreasonably withheld. Grantor agrees that any assignments of rights herein granted will be at no additional cost and any reasonable request for approval will not be refused without just cause and will not be unreasonably delayed or conditioned. (15) This grant is expressly subject to any preexisting agreements,easements and rights-of-way presently in force and of record and to all rights of lessee under any oil and gas lease presently in force and of record covering any or all of said land,including the right of ingress and egress on and along the surface of said right-of-way for the purpose of exploring or prospecting for any minerals n� pAI1 rq�h 2c904AIDC"245200 Page 2o 3Pal C-1 IIklll�G therein or thereunder owned by them,, but they shall have no right to drill, excavate or mine such minerals on said right-of-way except by directional methods from other land and in a manner which will not unreasonably interfere with the rights in said right-of-way hereby granted to Grantee. (16) It is understood and agreed that this right of way and easement does not constitute a conveyance of any part of the land above described nor the minerals therein and thereunder,but only grants the right-of-way and easement as above provided. Notwithstanding anything in this instrument to the contrary,nothing contained in this instrument shall be construed to diminish any rights granted by any present or future oil and gas leases covering said tract. (17) This grant is expressly made subject to all prior rights-of-way and easements within or covering the property described above. IN TESTIMONY WHEREOF the Grantor herein has executed this Instrument this 2""day of December,2005. GRANTOR Crawford H.Edwards,Individually,and as Attomey-in-Fact for Beauford T.Erwin III,Chandra Goren Pate,Eva Goren Motheral,Natalie N.Erwin,Holly C. Erwin,Sarah E.Motheral,Paxton E.Motheral,Mason L. Pate,A.Preston Pate,C.Patrick Pate,Jr.,Matilda Edwards R71,7 a }ary Martha Edwards Richter Crawford H.Edward ,acting in the capacity stated above EDWARDS PARTNERS LIMITED, a Texas limited partnershi r ' By : — Crawford H.Edward ,General Partner STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the 2nd day of December,2005,by Crawford H. Edwards,Individually and as Attorney-in-Fact for Beauford T.Erwin,111,Chandra Geren Pate,Eva Ger?en Motheral,Natalie N.Erwin,Holly C.Erwin,Sarah E.Motheral,Paxton E.Motherai,Mason L.Pate,A. Preston Pate,C.Patrick Pate,Jr.,Matilda Edwards Rodgers and Mary Martha Edwards Richter. Notary blic,State Of Texas _ Z c, k f;cP10.E`' b STATE OF TEXAS § 09.21.20° COUNTY OF TARRANT § This instrument was acknowledged before me on the 2"d day of December,2005,by Crawford H. Edwards,General Partner of Edwards Partners Limited,a Texas limited partnership,on beh4#,mf,aaid partnership. ,° M _AOy`'<. i 1 Notary Obblic,State Of Texas = '�+ �� IIgN�:( �P6ficr5/�iD�s 2804.11000!245200 Page 3 or 3 Gages; v __e ♦ Icc ova an-io lvoa Z Z L- C)o ~ LZ , • W i cr 0 , z N Lf) � � Z I,rn 11 0 O O _ U In i � bZQ LAJ N O Qom' �j CO U 11 �Q L� W� jM Z 1 w i n x �J N W O o o lJi1 Q�i k CJ 1 U m _ w i' m Q o I� W ti 1 W � U �(�DLO CL U WN�tl`I p ' 0 "0 ° m 1 O K �- at`0-(n M pI'I 4 I C)^tl' 0f l i cr- o `� � l o � l il ' z O ii O-jOft a'1'I wUa �ropu`Qi v, t I Or J O I � U myZ �b I 6u Q q o�On p U cr W LU U SOU Q W W apo tiJ zvlz:0 OUSN ' Li W �zum LO QV) U J I1 pZ 414 Q� w LLJ J ' Li cnUOO ,I J 4 cc 4 X z Jrn �il ti u �4 (wig bls "W' V i Q oCs LAJ Q ��✓/ c "D,<4 Q USO -i � 1>Z� mOVQ ?,a' p 11 In �LuC wp0 cc 11 �l 4 l�Y I ` U�J 1 i ti C) j lZ ?L-o mm I ' 'NnS NOSN1808 'WM q I) W W tiQW] EXHIBIT "B" Barnett Gathering,L.P. Colleen Edwards Geren,et al. B.B.B.&C.R.R.Survey,A-220 Tarrant County,Texas Brants#1H Pipeline CENTERLINE DESCRIPTION FOR A 10 FOOT WIDE RIGHT-OF-WAY BEING a centerline description of a 10 foot wide right-of-way,situated in the B.B.B. 8, C. R.R. Survey, A-220, Tarrant County, Texas, and being over and across that certain called 587.8546 acre tract of land as described in a deed recorded in Volume 6284,Page 74, of the Deed Records of Tarrant County,Texas. Said right-of-way being 5.0 feet either side of the following described centerline, the limits of which shall extend to their points of intersection: BEGINNING at a point in the north boundary line of the above mentioned 587.8546 acre tract, being in the south boundary line of that certain called 7.80 acre tract of land as described in Volume 7052,Page 447,and being located South 10"07'07"East,a distance of 76.17 feet, from a concrete monument (found) for the northwest comer of the above mentioned 7.80 acre tract. THENCE South 00°06'30"West,for a distance of 5.29 feet,to a point, THENCE North 89°56'31" East, for a distance of 4514.24 feet, to the point of termination in the west right-of-way line of Boat Club Road(Farm-to-Market Road 1220),said point of termination bears South 00°07'58" East, a distance of 80.99 feet from a concrete monument(found to reference)the northeast comer of the above mentioned 7.80 acre tract, and covering in all 4519.53 feet(273.9 Rodsl. Bearings are based on the Texas State Plane Coordinate System,N.A.D.83 Datum(North Central Zone)derived from GPS observations using Trimble Real Time Kinematic System (RTK). I,Kenny G.Williams,Registered Professional Land Surveyor,do hereby certify that the above description was prepared from an actual survey made on the ground under my supervision during the months of March,April,and September,2005. GIVEN UNDER MY HAND AND SEAL,this the 4"'day of October,2005. l� OF rF KeAny G.WI a s Registered ro essional KF7RdY Q.WL_LIAM3 Land Sury No.5680 :9 6680 y'Q.ess%A oQ T50257/REROUTE/TR-05 �b BURV�A Tr-05 ILI PAM DIETRICH y y HOLLAND ACQUISITIONS 309 W 7TH ST.SUITE 550 FT WORTH TX 76102 Submitter: PAM DIETRICH SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH,TX 76196-0401 DO NOT DESTROY WARNING- THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 12/0512005 02:03 PM Instrument# D206361158 OPR 6 PGS $32.00 6y: 11111111 lill 1111111111 Fill 1111111 t 11111111111111111111111 D205361168 ANY PROVISION WHICH RESTRICTS THE SALE,RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. — a aunadid uoisswsueJl O1X A8 •„ „� ja a ME u!e uno 8E ' ; M b � Wal 3 3NIl SdJ a3SOdO»d dO � .taa•aav avr va aw�wYror N �i°.A•r'�`:ie. mM :rw,vaA —vase��� m,as;a= LpioM JJoj ;o A � =H�1� NOIIVOO-I 31VV41XOUddV � mas a3en3�3a nva CO J 0 U Q H C O Q h O m \\ \ Z \ \ O VI O\ o \ ` O \ I o \�\ 500'14'41"W 493.44' Q b\ Z <iZi N w 01 a o Z Q M \ \ O I � c� z WLL b \ � 1 00 C) b\ I C) \ � W \ Z - w ;n O \b \ Q m ; a Z ¢ @ n u a ¢ x \� o x F O w 6 o G \b\ I 1 N \ II V3 ,00£0 I1SIX3 1N3W3SV3 ,0'9£ 03SOd 2Jd w \a vVi ,0'S ,0'91 ,0*W ,0'9Z s „D„ ZIgIHXH ACORD„. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YY) 1/24/06/06 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Wrn. Rigg CO. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 777 Main Street, Suite C-50 HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Ft. Worth, TX 76102 817-820-8100 INSURERS AFFORDING COVERAGE INSURED INSURER A. Chubb Custom Insurance Co. XTO Energy Inc. INSURER B U.S Fire Insurance Co. 810 Houston, Suite 200 INSURER C: Steadfast Insurance Co. Fort Worth TX 76102 INSURER D. New Hampshire Insurance Co. INSURER E. Employers Insurance of Wausau COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFFECTIVE POLICY EXPIRATION TR TYPE OF INSURANCE POLICY NUMBER DAT (MM/DD/YY) ATE(MM/DD/YYI LIMITS A GENERAL LIABILITY 79545567 4/01/05 4/01/06 EACH OCCURRENCE $ 1000000 X COMMERCIAL GENERAL LIABILITY (Includes Blanket FIRE DAMAGE(Any one fire) $ 100000 CLAIMS MADE 51OCCUR Additional MED EXP(Any one person) $ Insured & Waiver PERSONAL&ADV INJURY $ 1000000 of Subrogation GENERAL AGGREGATE $ 2000000 GE AGGREGATE LIMIT APPLIES PER: per contract) PRODUCTS-COMP/OP AGG $ 2000000 POLICY JECT LOG B AUTOMOBILE LIABILITY 133720563 7/28/05 7/28/06 COMBINED SINGLE LIMIT $ 1000000 X ANY AUTO (Includes Blanket (Ea accident) ALL OWNED AUTOS Additional BODILY INJURY $ SCHEDULED AUTOS Insured & Waiver (Per person) X HIRED AUTOS of Subrogation BODILY INJURY X NON-OWNED AUTOS per contract) (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC 8 AUTO ONLY. AGG $ C EXCESS LIABILITY UMB5345457-00 4/01/05 4/01/06 EACH OCCURRENCE $ 250000_00 X OCCUR EICLAIMS MADE AGGREGATE $ 25000000 $ DEDUCTIBLE $ X RETENTION $ 10000 $ WTAT D WORKERS COMPENSATION AND WC7206362 9/28/05 9/28/06 X I ORY LIMITTH- S OER EMPLOYERSLIABILITY (Blanket Waiver Includes E.L.EACH ACCIDENT $ 1000000 "All States” of Subrogation USE& H E.L DISEASE EA EMPLOYEE $ 1000000 Endorsement per contract) E.L DISEASE-POLICY LIMIT $ 1000000 E OTHER YU21_91_431253-015 7/28/05 7/28/06 Inland Rented or Leased Equipment Marine $100,000 One Item/$500,000 Max DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS SEE ATTACHMENT CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CITY OF FORT WORTH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN 1000 THROCKMORTON STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL FORT WORTH, TX 76102 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENT,I AUTH Z REPRESENTATIV ACORD 25-S (7/97) © RD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ri P RN ACORD 25-S (7/97) " XTO ENERGY INC. CITY OF FORT WORTH ATTACHMENT TO CERTIFICATE OF INSURANCE The City of Fort Worth, Texas, its officers, employees, and volunteers are Additional Insured on all policies except Workers ' Compensation as required by written agreement . Waiver of Subrogation is provided in favor of the City of Fort Worth on all policies, as required by written agreement . This insurance shall not be canceled, limited in scope or coverage, or non-renewed until after forty-five (45) days prior written notice has been given to the City. Page 1 of 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/21/2006 DATE: Tuesday, February 21, 2006 LOG NAME: 60XTO ENERGY REFERENCE NO.: **C-21311 SUBJECT: Authorization to Enter into an Encroachment Agreement with XTO Energy, Incorporated, Authorizing Use of Existing Pipeline Easement along Robertson Road RECOMMENDATION: It is recommended that the City Council authorize the City Manager to enter into an Encroachment Agreement with XTO Energy, Inc., authorizing use of an existing City pipeline easement for placement of an underground 10° gas line. DISCUSSION: The property owner, represented by Mr. Crawford Edwards and XTO Energy, Inc. are requesting that XTO Energy, Inc. be allowed to place a 10" gas line within an existing 30' wide raw water pipeline easement, located south of Robertson Road on Edwards property. During the course of negotiations with the property owner for easements required as part of the Eagle Mountain Water Treatment Plant and Raw Water Conveyance System Expansion, the request was made that a proposed 10" gas line be placed within the existing 30' wide raw water pipeline easement. City staff has coordinated with both the property owner and XTO Energy, Inc., to determine a location within the existing easement that should not negatively impact the operation and maintenance of the existing 54- inch raw water line. The gas line will be owned and operated by XTO Energy, Inc. The gas line will be located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by. Marc Ott (6122) Originating Department Head: S. Frank Crumb (8207) Additional Information Contact: Cynthia Garcia (7611) http://www.cfwnet.org/council_packet/Reports/mc_print.asp 2/22/2006