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Home My WebLink AboutContract 52478 At RECEIVED CITYSECRETARY JUN 2 6 2019 CONTRACT NO. sa 47 3 M of FORT WORTH ENCROACHMENT AGREEMENT G�i �p1 C17YSCORETARY BY AND EN TEXAS MI REAM GAS SERICES, L.L.C. G�t��ys AND CITY OF FORT WORTH THIS ENCROACHMENT AGREEMENT ("Agreement") is entered into this _ day of &4 1 10�' , 2019 by Texas Midstream Gas Services, L.L.C. (the "Company"), an Oklahoma limited liability company,whose address is 5601 E. 1 sc Street,Fort Worth,Texas 76103, and City of Fort Worth whose address is 200 Texas Street,Fort Worth,Texas 76102 ("User"). Company is the current legal holder of a certain easement and/or right-of-way situated in Tarrant County, Texas pursuant to the following described instrument, which instruments is filed in the Deed Records of Tarrant County, Texas (hereinafter the 'Basement"): Grantor: City of Fort Worth Grantee: Texas Midstream Gas Services,L.L.C. Execution Date: 12/20/2007 Recording Information: Filed on 12/21/2007 Bk Pg Entry D207453207 Legal Description: Two tracts of land situated in the Hiram Little Survey,A-930,Joseph Martin Survey,A-1017,Abner Lee Survey,A-931,and the Sarah Gray Survey,A-558 in the City of Fort Worth,Tarrant County,Texas,as outlined in D207453207. Company has one or more pipelines and other underground and/or surface facilities located within the Easement (hereafter collectively referred to as the ("Pipeline"). User desire to use, in common with Company, and Company is willing to permit such use in common with User a portion of the Easement for the construction,operation,maintenance, inspection, replacement and removal by Users of certain underground and/or surface facilities (the "Facilities") that will encroach upon the Easement, subject to the terms and conditions herein contained. NOW THEREFORE, Company and User, in consideration of the mutual promises herein contained, do hereby agree as follows: 1. Company and User acknowledge that this Agreement may not legally be necessary,but both parties are entering into the Agreement to memorialize the existence of the Facilities and to outline the future maintenance obligations. User, their respective successors,heirs and assigns,are hereby granted the non-exclusive right to use,in common, with Company and subject to the terms and conditions of the Easement, a portion of the easement and/or right-of-way as granted in the Easement (the 'Encroachment Area") for the construction, operation, maintenance, inspection, replacement and removal by User of the Facilities as more fully described and set forth on the attached Exhibit "A". OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2. The rights of User granted herein are conditioned upon and limited to the following: (a) Company continues to have the right of full use and enjoyment of the Encroachment Area, except for the purposes herein granted. (b) Upon User's completion of the Facilities, User will use its best efforts to notify Company forty-eight(48)hours in advance before any work by or on behalf of User begins within the Encroachment Area. Notification should be made through the local One Call System(811)and to Company at 1-855- 245-2300 (ACCESS Encroachment). Company shall have the right to have a Company representative present at all times during the construction and installation of the Facilities. (c) No trees or bushes or other landscaping shall be placed or allowed to grow within the Encroachment Area unless required by applicable laws, regulations or local ordinances. (d) Existing Pipeline marker signs placed within the Encroachment Area by Company shall at all times remain easily distinguishable from the surface, air and from any access road to the Encroachment Area, so long as such marker signs do not violate federal, state, or local laws. Pipeline marker signs temporarily removed during installation of the Facilities shall be reinstalled at the completion of installation of the Facilities. (e) With respect to that part of the Encroachment Area used by User a minimum of twenty-four inches (24") of undisturbed soil shall be placed upon and/or maintained at all times over the Pipeline;provided,however, at least forty- eight inches (48") of undisturbed soil shall be placed upon and/or maintained over any portion of the Pipeline located within 50 feet of any building or structure which is or may be occupied by humans. (f) With respect to that part of the Encroachment Area used by User, the existing grade located within ten(10)feet either side of the centerline of the Pipeline will remain unchanged at all times, so long as the grade does not violate federal, state, or local laws. Adequate erosion control devices will be installed and maintained by User to prevent any erosion within the Encroachment Area, so long as the devices do not violate federal, state, or local laws. 3. User agrees that, should it become necessary for Company to work on, repair, remove or replace any portion of the Pipeline or other improvements, which work results in damage to the Facilities or other surface or subsurface improvements within the Encroachment Area, all repair or replacement work of such Facilities or improvements shall be at User's sole cost and expense. Company agrees that it will use commercially Barnett Central—Spinks 1H—Tract# 1.001 City of Fort Worth reasonable efforts to provide User notice of any work to be performed within the Encroachment Area at least forty-eight (48) hours in advance before any work by or on behalf of Company begins within the Encroachment Area. 4. [Intentionally deleted.] 5. Any notice to be given hereunder shall be given by (i) mailing the same by United States registered or certified mail,postage prepaid and return receipt requested, or (ii) delivery in person, or (iii)pre-paid delivery by a commercial delivery service (such as UPS or FedEx)to the address herein below shown of the party being notified, as follows: USER: City of Fort Worth Attn: Airport Sponsor 201 American Concourse, Suite 330 Fort Worth, TX 76106 With copies to: City of Fort Worth Property Management 200 Texas Street Fort Worth, Texas 76102 And City of Fort Worth City Attorney's Office 200 Texas Street Fort Worth, Texas 76102 COMPANY: Texas Midstream Gas Services,L.L.C. 5601 E. 1st Street Fort Worth, TX 73103 Attention: Cory Crawford Or to such other address as the parties may from time to time specify in writing by notice given in the manner provided above. Notice shall be deemed received (i) if given by US Mail, on the receipt date shown on the return receipt card; (ii) if by delivery in person, when actually received by the recipient; (iii) if, by commercial delivery service, on the receipt date shown in the records of such delivery service. 6. This Agreement may not be assigned by User without the prior, written consent of the Company. This Agreement shall apply to, inure to the benefit of, and be binding upon and enforceable against the parties hereto and their respective successors, assigns, heirs, executors, administrators and legal representatives. 7. This Agreement contains all the terms,promises, covenants, conditions and representations made or entered into by and between Company and User and supersedes all prior discussions and agreements, whether written or oral, between the parties with respect to the use of the Encroachment Area only and constitutes the sole and entire Barnett Central—Spinks 1 H—Tract# 1.001 City of Fort Worth agreement between Company and User with respect thereto. Except as expressly set forth herein, this Agreement shall not in any way alter,modify or terminate any provision of the Easement. 8. This Agreement may not be modified or amended unless such amendment is set forth in writing and executed by Company and Users with the formalities hereof. 9. It is understood and agreed that by execution of this Agreement, User does not waive or surrender any of its governmental powers or immunities. EXECUTED this 14 day of , 2019. COMPANY Texas Midstream Gas Services, L.L.C. By: l� Dustin Weaver Manager-Land and Attorney-in-Fact USER City of Fort Worth By: e�z_� Name: Fernando Costa Title: Assistant City Manager CONTRACT COMPLIANCE MANAGER: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. LL 3k""- Dakota Shaw Airport Project Coordinator APPROVED AS TO FORM AND LEGALITY: Tn Jessica S i ng Senior Assistant CityVAttoWey OFFICIAL RECORD CITY SECRETARY FT. WORTHo Tx Barnett Central—Spinks 1H—Tract# 1.001 City of Fort Worth ACKNOWLEDGEMENTS STATE OF TEXAS § COUNTY OF BEXAR § This instrument was acknowledged before me on the_,o�eday of ZA e , by Dustin Weaver, the Manager-Land and Attorney-in-Fact of Texas Midst&7am Gas Services, L.L.C., on behalf of said entity. Zg�lozzv My Notary ID#�n603885 N y blic. State of /�,��5 �y 4,2043 rint Name: (SEAL) STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of , 2019,by Fernando Costa,the Assistant City Manager of the City of Fort Wo , on behalf of said entity. No ary Public, State of :710AS Printed Name:d&1 d S. SX /(/i3:Fz My Commission Expires: (SEAL MARIAS,SANCHEZ My Notary ID#2256490 - Expires December 19,2021 OFFICIAL RECONI) CITY SECRETARY FT, WORTH, TX Barnett Central—Spinks 1H—Tract# 1.001 City of Fort Worth I Form 1295:N/A ATTEST: O R ii' . � 0 . ary J. City Secretary t1 M&C:N/A [C)F9K.;� �a RiS.lfllOR'9 K, ?'x` Barnett Central—Spinks 1 H—Tract# 1.001 City of Fort Worth Contract Compliance Manager; By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract,including ensuring all performance and reporting requirements. Name of Employee/Signature Title M. 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