HomeMy WebLinkAboutContract 40237 (2)w A1EVIOV1111", a
PIPELINE LICENSE AGREEMENT
Mallard Cove Park
This PIPELINE LICENSE AGREEMENT ("Agreement") is hereby made and
entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal
corporation organized under the laws of the State of Texas and acting by and through Charles
Daniels, its duly authorized Assistant City Manager, and ENTERPRISE TEXAS PIPELINE
LLC ("Company"), a Texas limited liability company, acting by and through Marc Tausend,
Agent and Attorney in Fact.
The following statements are true and correct and constitute the basis upon which the
City of Fort Worth has executed Agreement.
A. Company, wishes to construct one thirty inch (30") nominal diameter pipeline
for an approximate total distance of 2344.10 feet within a twenty (20) foot width right of way for
the transportation of natural gas through a public park known as Mallard Cove Park. Because
Company is not a public utility, as that term is used in the City Charter and City Code, and
because Company will not be providing services to end user customers in the City, Company is
not required to obtain a franchise from the City, but is required to obtain the City's consent
pursuant to a license agreement that sets forth the terms and conditions under which Company
may use the public park.
B. The City has reviewed Company's request and agrees to grant Company a license
to use a portion of the subsurface of Mallard Cove Park as set out in Exhibit "A" in order to
construct, operate and maintain a pipeline, on the terms and conditions set forth herein, solely for
the transportation of gas and solely in accordance with the terms and conditions of this
Agreement.
Agreement
1. DEFINITIONS.
Capitalized terms used in this Agreement and not otherwise defined within this
Agreement shall have the following meanings:
Affiliate shall mean any individual, partnership, association, joint stock company, limited
liability company, trust, corporation, or other person or entity who owns or
controls, or is owned or controlled by, or is under common ownership or control
with, the entity in question.
Agreement shall mean the authorization issued to Company hereunder to use a portion of
a public park known as Mallard Cove Park in the location as set out in Exhibit
"A" for (i) the construction, installation, maintenance and repair of Company's
Pipeline; (ii) the use of such Pipeline for the transportation of Gas; and (iii) any
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Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park
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other directly related uses of Mallard Cove Park, pursuant to and in accordance
with this Agreement.
Company shall mean Enterprise Texas Pipeline LLC, a Texas limited liability company,
only and shall not include any Affiliate or third party.
City shall mean the area within the corporate limits of the City of Fort Worth, Texas and
the governing body of the City of Fort Worth, Texas.
Commission shall mean the Railroad Commission of the State of Texas or other
authority succeeding to the regulatory powers of the Commission.
Customer shall mean any Person located, in whole or in part, within the City.
Director shall mean the Director of the Parks and Community Services Department
(PACSD) or authorized representative.
Gas shall mean gaseous fuels such as natural gas, artificial gas, synthetic gas, liquefied
natural gas, manufactured gas, or any mixture thereof
Park shall mean only that portion of the dedicated public park known as Mallard Cove
Park identified in Exhibit "A" of this Agreement, attached hereto and hereby
made a part of this Agreement for all purposes.
Person shall mean, without limitation, an individual, a corporation, a limited liability
company, a general or limited partnership, a sole proprietorship, a join venture, a
business trust or any other forin or business entity or association.
Pipeline shall mean that certain thirty (30") inch nominal diameter steel pipeline for an
approximate total distance of 2344.10 feet and other facilities approved by the
Director that are installed by Company in the Park in accordance with this
Agreement and pursuant to the rules and regulations as promulgated by the U.S.
Department of Transportation, Office of Pipeline Safety, as set out in the Code of
Federal Regulations, Section 192 as adopted and modified by the Texas Railroad
Commission.
2. GRANT OF RIGHTS.
2.1. General Use of Park for Provision of Gas.
Subject to the terms and conditions set forth in this Agreement and the City
Charter and ordinances, the City hereby grants Company a license to (i) erect, construct,
install and maintain the Pipeline over, under, along and across the Park (ii) transport Gas
through the portions of its Pipeline in, over, under, along and across the Park as depicted
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in Exhibit "A". Company hereby acknowledges and agrees that this Agreement allows
only the transportation of Gas through the City and does not allow Company to distribute,
sell or otherwise provide Gas to any Customer.
2.2. Nonexclusive.
This Agreement and all rights granted to Company herein are strictly
nonexclusive. The City reserves the right to enter into and grant other and future licenses
and other authorizations for use of the Park to other Persons and entities in accordance
with applicable law and as the City deems appropriate; provided, however, that as to the
grant of subsequent licenses for use of the same license that is solely within the discretion
of the City, if a dispute arises as to priority of the use of the Park, the City will resolve
such dispute in a manner that does not result in unreasonable interference with
Company's operation of the Pipeline for the purposes provided for herein. This
Agreement does not establish any priority for the use of the Park by Company or by any
present or future licensees or other permit holders. In the event of any dispute as to the
priority of use of the Park, the first priority shall be to the public generally, the second
priority to the City in the performance of its various functions, and thereafter, as between
licensees and other permit holders, as determined by the City in the exercise of its
powers, including the police power and other powers reserved to and conferred on it by
the State of Texas.
2.3. Other Permits.
This Agreement does not relieve Company of any obligation to obtain permits,
licenses and other approvals from the City or other regulatory agency necessary for the
construction, installation, maintenance or repair of Company's Pipeline or the
transportation of Gas through such Pipeline.
2.4. Bonds.
Prior to the commencement of any construction work in the Park, that requires a
cut, opening or other excavation, Company shall deliver to the City bonds executed by a
corporate surety authorized to do business in the State of Texas and acceptable to the City
in the proportional amount of the cost of work under the construction contract or
construction project that will be performed in the Park. The bonds shall guarantee (i)
satisfactory compliance by Company with all requirements, terms and conditions of this
Agreement and (ii) full payments to all persons, firms, corporations or other entities with
whom Company has a direct relationship for the performance of such construction,
maintenance or repairs.
If any such construction, maintenance and repair work is undertaken by a
contractor of Company, Company shall also require such contractor to deliver to
Company bonds executed by a corporate surety authorized to do business in the State of
Texas and acceptable to the City in the proportional amount of the cost of work under the
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construction contract or construction project that will be performed by the contractor in
the Parlc. The bonds shall guarantee (i) the faithful performance and completion of all
construction, maintenance or repair work in accordance with the contract between
Company and the contractor and (ii) full payment for all wages for labor and services and
of all bills for materials, supplies and equipment used in the performance of that contract.
Such bonds shall name both the City and Company as dual obligees.
3. TERM
This Agreement shall become effective on the date as of which both parties have
executed it ("Effective Date") and shall expire at 11:59 P.M. CST twenty (20) years from the
last date of notarial acknowledgement unless terminated earlier as provided herein.
4. FEES AND PAYMENTS TO CITY.
4.1. License Use Fee.
On or prior to the Effective Date, Company shall pay the City as compensation
for its use of the Park for the Term of this Agreement the sum of $107,828.60 ("License
Fee"). Company hereby acknowledges and agrees that the amount of this License Fee
constitutes just and reasonable compensation to the City for Company's use of the Park.
4.2. Other Payments.
In addition to the License Fee, Company shall pay the City all sums which may be
due the City for property taxes, license fees, permit fees, or other taxes, charges or fees
that the City may from time to time impose on all other similarly situated entities within
the City. Company shall reimburse the City for publication of this Agreement as required
by the City's Charter.
4.3. Interest.
All sums not paid when due shall bear interest at the rate of ten percent (10%) per
annum or the maximum amount allowed by law, whichever is less, computed monthly. If
such outstanding sums are paid with interest within thirty (30) days following their
respective due dates, Company's failure to pay such sums by their respective due dates
shall not, in and of itself, constitute an Event of Default under Section 9 of this
Agreement.
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5. REGULATORY AUTHORITY OF THE CITY.
Company's property and operations hereunder shall be subject to such regulation by the
City as may be reasonably necessary for the protection or benefit of the general public. Company
is obligated to construct, operate and maintain the Pipeline pursuant to the rules and regulations
promulgated by the U.S. Department of Transportation, Office of Pipeline Safety, as set out in
the Code of Federal Regulations, Section 192 and as adopted and modified by the Texas Railroad
Commission and in this connection, Company shall be subject to, governed by and shall comply
with all applicable federal, state and local laws, including all ordinances, rules and regulations of
the City, as same may be adopted and amended from time to time.
6. USE OF PARK.
61 Construction Schedule
Company shall meet with appropriate City staff for the purposes of a Pipeline pre -
construction meeting at least three (3) business days prior to initiating construction.
Construction of the Pipeline shall commence within sixty (60) days of execution of this
Agreement and be completed and inspected within thirty (30) calendar days of
commencement of the work.
6.2. Compliance with Laws, Ordinances, Rules and Regulations.
The City has the right to control and regulate the use of the Park and other
dedicated parks, public places and other City -owned property and the spaces above and
beneath them. Company shall comply with all applicable laws, ordinances, rules and
regulations, including, but not limited to, City ordinances, rules and policies related to
construction permits, construction bonds, permissible hours of construction, operations
during peak traffic hours, barricading requirements and any other construction rules or
regulations that may be promulgated from time to time.
6.3. No Undue Burden.
The Pipeline shall not be erected, installed, constructed, repaired, replaced or
maintained in any manner that places an undue burden on the present or future use of the
Park by the City and the public. If the City reasonably determines that the Pipeline does
place an undue burden on any portion of the Park, Company, at Company's sole cost and
expense and within a reasonable time period specified by the City, shall modify the
Pipeline or take other actions determined by the City to be in the public interest to
remove or alleviate the burden.
6.4. Minimal Interference.
Prior to the undertaking of any kind of construction, installation, maintenance,
repairs or other work that requires the excavation, lane closure or other physical use of
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the Park, Company shall, except for work required to address an emergency, provide at
least twenty-four (24) hours' advance written notice to the City and the owners of
property adjacent to the Park that will be affected. In the case of emergencies Company
shall provide notice to the affected landowners within twenty-four (24) hours after
commencement of work. In addition, during any such work, Company shall provide
construction and maintenance signs and sufficient barricades at work sites to protect the
public. The use of traffic control devices shall be consistent with the standards and
provisions of Part VI of the Texas Manual on Uniform Traffic Control Devices.
Company shall utilize appropriate warning lights at all construction and maintenance
sites where one or more traffic lanes are closed or obstructed during nighttime conditions.
Company will take all reasonable planning to minimize har-rn to Mallard Cove and shall
comply with conditions as set forth below:
6.4.1 The pipeline will enter the Park by open trench method from property
located to the west of the Park. No disturbance of trees shall be allowed along the
areas identified to be protected in a tree survey (Exhibit "B"). Tree protection
fencing where required shall be chain link temporary fencing and shall be set at
the drip line of the trees identified for protection in Exhibit "B". A field
inspection of tree protection measures shall been done by a PACSD agent during
the preconstuction meeting to ensure the preservation of trees. Damage to trees
shall be assessed as described in Section 6.4.9.
6.4.2 All open trenches and work areas are to be fenced with orange vinyl
fencing. The fencing shall be installed along the perimeter boundaries of
temporary work space. The orange vinyl fencing shall remain in place until
repairs have been made by the Company and inspected by the PACSD. All
boring occurring as indicated shall be at a minimum of eight (8) feet. For all open
trenches, for the Park, the pipe shall be buried a minimum of four (4) feet fiom
the top of the Pipeline. The City shall have the right, but not the obligation to
have an inspector, present to verify the buried depth of the Pipeline.
6.4.3 Company shall specify work areas prior to construction and survey and
stake said areas, notating the centerline and boundaries of the work areas as
agreed upon at the pre -construction meeting held in accordance with section 6.1.
6.4.4. Travel outside of the designated areas shall not be permitted. The
temporary access road as depicted on Exhibit "A" shall only be used during
construction. Once all construction has commenced the area shall be restored
bladed smooth to remove all ruts and rock from the road. A weed barrier shall be
applied for the base of the road bed with four inches of one inch gravel applied on
top. The width of the road shall be not wider than ten (10) feet. The Company
shall have access to the park from the temporary access road with a one ton
pickup truck to monitor the pipeline. All other access for maintenance shall be
restricted to the licensed area.
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6.4.5 Trenches shall be compacted to 90% Standard Proctor Density (S.S.T.M.
D698). Copies of all density testing shall be provided to a PACSD agent. During
initial construction, the trenching shall be double -ditching done in such a manner
so that the top twelve (12) inches of soil will be separated from the balance of the
dirt removed in making the ditch or trench for installation of the Pipeline. In
backfilling, after installation of the line, the topsoil first removed shall be used as
cover soil in such manner so as to result in it being returned to the top of the ditch
as topsoil.
6.4.6 Company will replant, reseed and water the areas disturbed by the
installation of the Pipeline and stringing area for the pipeline, as many times as
necessary until a stand of grass comparable to that which was originally in place
before the disturbance is root established and accepted by the PACSD agent
(generally for a period of two mowing cycles). Restoration of surface areas
disturbed shall be seeded with native seed mix and #419 Bermuda for all other
areas; however, modification of seeding material may be approved by PACSD.
Company shall stockpile the excavated soil from the pipeline construction and
shall place said soil in the areas to be reseeded. No importing of outside soil shall
be allowed nor shall fertilizers be permitted. All rocks shall be removed from the
soil greater than one inch and the soil shall be raked smooth prior to planting.
Have the PACSD inspect the grading prior to planting.
6.4.7 Area of construction adjacent to the existing overflow storage pond.
The Company shall have no equipment in the pond with the exception of
the equipment needed to excavate and construct the diversion dike as indicated on
the attached Exhibit "B". Such equipment to construct the diversion dike shall be
allowed to only make one pass through the pond. If the construction sequences
are not followed as described herein and as described on the attached Exhibit "B",
the Company shall be subject to a fine not to exceed a $1,000.00 per day until
pond is restored. The pond area shall be restored to the back to the original grade
and 90% compaction.
Area of Construction Crossing the Drainage Channel
The Company shall follow the requirements outlined on Exhibit "C". The
area being constructed for the crossing shall be established prior to construction of
the Pipeline for the crossing and darn and access road shall be immediately
removed once the Pipeline is installed.
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6.5. Damage to Trees.
The City Forester shall have the right to inspect any trees located on the Park for
damage by Company and will assess trees for slight, moderate or severe damage as
described below.
6.5.1 Slight Damage
Slight damage shall be defined as damage, in the opinion of the City Forester, that
may heal, examples include but are not limited to scaring of the trunk into the
cambial layer one-half (1/2) inch to two (2) inches in width but less than one-third
(1/3) trunk circumference or breaking of limbs less than two (2) inches in
diameter or limbs less than one-third (1/3) trunk caliper whichever is less. Slight
damages shall be assessed at a rate of $100.00 for each instance of slight damage
to tree(s).
6.5.2. Moderate Damage:
Moderate damage shall be defined as that damage, in the opinion of the City
Forester, contributes to the poor health and reduced longevity of the tree examples
would include but are not limited to scaring of the trunk into the cambial layer
greater than two (2) inches but less than one-third (1/3) the trunk circumference or
breaking of limbs more than two (2) inches in diameter but less than one-third
1/3) trunk caliper. Moderate damages shall be assessed at a rate of one-half (1 /2)
the assessed value of the tree for trees over twenty (20) inches in caliper per each
instance of damage (see attached tree survey Exhibit "C") or $300 per caliper inch
per instance of damage which ever is greater; for trees less than twenty (20)
inches the fee shall be $300.00 per caliper inch for each instance of moderate
damage to tree(s).
6.5.3. Severe Damage
Severe damage shall be defined as damage, in the opinion of the City Forester,
that includes scaring of the trunk to the cambial layer greater than one-third (1/3)
the trunk circumference, uprooting or causing a tree to lean, damage to a
scaffolding branch or branch greater than one-third (1/3) of trunk caliper and shall
also include the removal of any tree. Branches shall be measured at the point of
attachment or at the lateral to which the branch would be pruned back to
according to ANSI standards. Tree caliper shall be measured according to
accepted industry standards. Trees greater than six (6) inches in caliper shall be
measured using diameter at breast height (DBH). Severe damage or removal of
trees is subject to penalties as follows: for tree(s) less than twenty-five (25)
inches or less in caliper shall pay the appraised value trees removed or damaged;
for tree(s) greater than twenty-five (25) inches in caliper shall pay double the
appraised value for trees removed or damaged (see Tree Survey Exhibit "C").
Company shall make payment for such damages and must install replacement
trees for severely damaged trees at a location to be designated by PACSD.
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Replacement shall be made on caliper inch per caliper inch basis with a minimuin
size of replacement tree of two (2) inches in caliper. Company shall be
responsible for the planting watering, mulching and maintenance of replacement
trees for a period of not less than two (2) years. Any tree that does not survive the
two (2) year establishment period shall be compensated for by the Company at a
rate of $200 per caliper inch.
6.6. "As -Built" Plans and Maps.
Company, at Company's sole cost and expense, shall provide the City with as -
built plans of all portions of the Pipeline located in the City and the City's extraterritorial
jurisdiction and maps showing such Pipeline within ninety (90) calendar days following
the completion of such Pipeline. Company shall supply the textual documentation of
such as -built plans and maps in computer format as requested in writing by the City and
shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately
reflected in the City's mapping system.
6.7. Specifications of the Pipeline
The Company shall erect, install, construct, repair, replace and maintain the
Pipeline and pursuant to the rules and regulations promulgated by the U.S. Department of
Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations,
Section 192 and as adopted and modified by the Texas Railroad Commission.
6.8. Marking of Pipeline.
The Pipeline shall be marked pursuant to the rules and regulations promulgated by
the U.S. Department of Transportation, Office of Pipeline Safety, as set out in the Code
of Federal Regulations, Section 192 and as adopted and modified by the Texas Railroad
Commission, which shall show conspicuously Company's name and a toll -free telephone
number of Company that a Person may call for assistance.
6.9. Surface Excavation and Additional Fees.
The City shall have the right to coordinate all excavation work in the Park in a
manner that is consistent with and convenient for the implementation of the City's
program for public dedicated open space. In order to preserve the integrity of the Park,
Company shall not cut, excavate or otherwise breach or damage the surface of the Park.
6.10. Relocation of Pipeline.
Within forty-five (45) calendar days following a written request by the City,
Company, at Company's sole cost and expense, shall protect, support, discomlect or
relocate to another portion of the Park all or any portion of its Pipeline due to street or
other public excavation, construction, repair, grading, re -grading or traffic conditions; the
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installation of sewers, drains, water pipes or municipally -owned facilities of any kind; the
vacation, construction or relocation of streets or any other type of structure or
improvement of a public agency; any public work; or any other type of improvement
necessary, in the City's sole discretion, for the public health, safety or welfare. If
Company reasonably requires more than forty-five (45) days to comply with the City's
written request, it shall notify the PACSD in writing and the City will work in good faith
with Company to negotiate a workable time frame.
6.11. Restoration of Park, Public Rights -of --Way and Public/Private Property.
Company, at Company's sole cost and expense, and in a manner approved by the
City, shall promptly restore any portion of the Park, Public Rights of Way, or other City -
owned property that are in any way disturbed or damaged by the construction, operation,
maintenance or removal of any of the Pipeline to, at Company's option, as good or better
a condition as such property was in immediately prior to the disturbance or damage.
Unless otherwise specified in this Agreement, Company shall diligently commence such
restoration within thirty (30) calendar days following the date that Company first became
aware of the disturbance or damage or, if the Pipeline is being removed, within thirty (30)
calendar days following such removal.
6.12. Emergencies.
6.12.1. Work by the City.
For purposes of this Section 6.12, a public emergency shall be any
condition which, in the opinion of the officials specified herein, poses an
immediate threat to life, health or property and is caused by any natural or man-
made disaster, including, but not limited to, storms, floods, fires, accidents,
explosion, water main breaks and hazardous materials spills. In the event of a
public emergency, the City shall have the right to take whatever action is deemed
appropriate by the City Manager, Mayor, Police Chief or Fire Chief, or their
authorized representatives, including, but not limited to, action that may result in
damage to the Pipeline, and Company hereby (i) releases the City, its officers,
agents, servants, employees and subcontractors from liability or responsibility for
any Damages, as defined in Section 7.1, that may occur to the Pipeline or that
Company may otherwise incur as a result of such a response, and (ii) agrees that
Company, at Company's sole cost and expense, shall be responsible for the repair,
relocation or reconstruction of all or any of its Pipeline that is affected by such
action of the City. In responding to a public emergency, the City agrees to
comply with all local, state and federal laws, including any requirements to notify
the Texas One Call System, to the extent that they apply at the time and under the
circumstances. In addition, if the City takes any action that it believes will affect
the Pipeline, the City will notify Company as soon as practicable so that Company
may advise and work with the City with respect to such action.
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6.12.2. Work by or on Behalf of Company.
In the event of an emergency directly that involves that portion of the
Pipeline located in the Park and necessitates immediate emergency response work
on or repairs, Company may initiate the emergency response work or repairs or
take any action required under the circumstances provided that Company notifies
the City as promptly as possible. After the emergency has passed, Company shall
apply for and obtain a construction permit from the Director and otherwise fully
comply with the requirements of this Agreement.
6.13. Removal of Pipeline.
Upon the revocation, termination or expiration without extension or renewal of
this Agreement, Company's right to use the Park under this Agreement shall cease and
Company shall immediately discontinue the transportation of Gas in or through the Park.
Within six (6) months following such revocation, termination or expiration and if the City
requests, Company, at Company's sole cost and expense, shall remove the Pipeline from
the Park(or cap and leave the Pipeline in place, if consented to by the City), in accordance
with applicable laws and regulations. If Company has not removed all of the Pipeline in
the Park, (or capped the Pipeline and left in place, if consented to by the City) within six
(6) months following revocation, termination or expiration of this Agreement, the City
may deem any portion of the Pipeline remaining in the Park abandoned and, at the City's
sole option, (i) take possession of and title to such property or (ii) take any and all legal
action necessary to compel Company to remove such property; provided, however, that
Company may not abandon its facilities or discontinue its services within the City
without the approval of the Commission or successor agency or any other regulatory
authority with such jurisdiction.
Within six (6) months following revocation, termination or expiration of this
Agreement and in accordance with Section 6.9 of this Agreement, Company shall also
restore any property, public or private, that is disturbed or damaged by removal (or, if
consented to by the City, capping and leaving in place) of the Pipeline. If Company has
not restored all such property within this time, the City, at the City's sole option, may
perform or have performed any necessary restoration work, in which case Company shall
immediately reimburse the City for any and all costs incurred in performing or having
performed such restoration work.
7. LIABILITY AND INDEMNIFICATION.
7.1. Liability of Company.
Company shall be liable and responsible for any and all damages, losses,
liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands,
defenses, judgments, lawsuits, proceedings, costs, disbursements or expenses (including,
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without limitation, fees, disbursements and reasonable expenses of attorneys, accountants
and other professional advisors and of expert witnesses and costs of investigation and
preparation) of any kind or nature whatsoever (collectively "Damages"), which may
arise out of or be in any way connected with (i) the construction, installation, operation,
maintenance or condition of the Pipeline or any related facilities or appurtenances; (ii) the
transportation of Gas through the Pipeline; (iii) any claim or lien arising out of work,
labor, materials or supplies provided or supplied to Company, its contractors or
subcontractors; or (iv) Company's failure to comply with any federal, state or local law,
ordinance, rule or regulation, except to the extent directly caused by the negligent or
grossly negligent act(s) or omission(s) or intentional misconduct of the City.
COMPANY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY
FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF
ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH ITS USE OF THE PARK UNDER THIS AGREEMENT OR
WITH THE USE, MAINTENANCE, OCCUPANCY, EXISTENCE OR LOCATION
OF THE PREMISES, EXCEPT TO THE EXTENT CAUSED SOLELY BY THE
NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY.
7.2 Indemnification.
COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SHALL
INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS,
COMMISSIONS, A GENTS, EMPLOYEES AND VOLUNTEERS
("INDEMNITEES"), FROM AND AGAINST ANY AND ALL DAMAGES WHICH
MAY ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH (I) THE
CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE OR
CONDITION OF THE PIPELINE OR ANY RELATED FACILITIES OR
APPURTENANCES; (II) THE TRANSPORTATION OF GAS THROUGH THE
PIPELINE; (III) ANY CLAIM OR LIEN ARISING OUT OF WORK, LABOR,
MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO COMPANY, ITS
CONTRACTORS OR SUBCONTRACTORS; OR (IV) COMPANY'S FAILURE TO
COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE
OR REGULATION, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY THE
NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF
THE CITY.
7.3 Assumption of Risk and Environmental Remediation.
COMPANY HEREBY REPRESENTS TO THE CITY THAT (i) COMPANY
HAS FULLY INSPECTED THE PARK; (ii) COMPANY IS SATISFIED WITH THE
CONDITION OF THE PARK; AND (in) COMPANY HAS BEEN FULLY ADVISED
)FITS OWN RIGHTS WITHOUT RELIANCE UPON ANY REPRESENTATION
MADE BY THE CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
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CONTRACTORS, SUBCONTRACTORS, COMMISSIONS, BOARDS OR
VOLUNTEERS. COMPANY HEREBY UNDERTAKES AND ASSUMES, FOR AND
ON BEHALF OF COMPANY, ITS OFFICERS, AGENTS, CONTRACTORS,
SUBCONTRACTORS AND EMPLOYEES, ALL RISK OF DANGEROUS
CONDITIONS, IF ANY, ON OR ABOUT THE PARK.
ALTHOUGH, TO THE BEST OF THE CITY'S KNOWLEDGE, THE PARK
COMPLIES WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL
ENVIRONMENTAL LAWS AND REGULATIONS (COLLECTIVELY
"ENVIRONMENTAL LAWS'% THE CITY DOES NOT WARRANT SUCH.
COMPANY HEREBY COVENANTS AND AGREES THAT COMPAN) A T ITS SOLE
COST AND EXPENSE, SHALL BE FULLY RESPONSIBLE FOR THE VIOLATION
OF ANY ENVIRONMENTAL LAWS CAUSED, IN WHOLE OR IN PART, BY
COMPANY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS OR INVITEES, AND ANY REMEDIATION THAT MAY BE
REQUIRED AS A RESULT OF SUCH VIOLATION, EXCEPT TO THE EXTENT
CA USED BY THE CITY.
7.4. Defense of Indemnitees.
In the event any action, lawsuit or other proceeding is brought against any
Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder,
the City shall give Company prompt written notice of the making of any claim or
commencement of any such action, lawsuit or other proceeding, and Company, at
Company's sole cost and expense, shall resist and defend the same with reasonable
participation by the City and with legal counsel selected by Company and specifically
approved by the City. In such an event, Company shall not admit liability in any matter
on behalf of any Indemnitee without the advance written consent of the City.
8. INSURANCE.
Company shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance to provide coverages as specified herein, naming the City as an
additional insured and covering all public risks related to the use, occupancy, condition,
maintenance, existence or location of the Park and the construction, installation, operation,
maintenance or condition of the Pipeline, including the transportation of Gas through the
Pipeline. The insurance required hereunder may be met by a combination of self.
insurance, primary and excess policies.
Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park
Page 13 of 23
8.1. Primary Liability Insurance Coverage.
• Commercial General Liability:
$1,000,000 per occurrence, including coverage for the following: (i) Premises
Liability; (ii) independent contractors; (iii) products/completed operations; (iv)
personal injury; (v) contractual liability; (vi) explosion, collapse and
underground property damage.
• Property Damage Liability:
$10,000,000 per occurrence
• Automobile Liability:
$1,000,000 per accident,
including, but not limited to, all owned, leased, hired or non -owned motor
vehicles used in conjunction with the rights granted under this Agreement
• Worker's Compensation:
As required by law; and, Employer's Liability as follows:
$1,000,000 per accident.
8.2. Revisions to Required Coverage.
At the reasonable reconnmendation of the City's Risk Manager, the City may at any
time revise insurance coverage requirements and limits required by this Agreement.
Company agrees that within thirty (30) days of receipt of written notice from the City,
Company will implement all such revisions requested by the City. The policy or policies of
insurance shall be endorsed to provide that no material changes in coverage, including, but
not limited to, cancellation, termination, non -renewal or amendment, shall be made without
thirty (30) days' prior written notice to the City.
8.3. Underwriters and Certificates.
Company shall procure and maintain its insurance with underwriters authorized to
do business in the State of Texas and who are acceptable to the City in terms of solvency
and financial strength. Within thirty (30) days following adoption of this Agreement by the
City Council, Company shall furnish the City with certificates of insurance signed by the
respective companies as proof that it has obtained the types and amounts of insurance
coverage required herein. In addition, Company shall, on demand, provide the City with
evidence that it has maintained such coverage in full force and effect.
Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park
Page 14 of 23
8.4. Deductibles.
Deductible or self -insured retention limits on any life of coverage required herein
shall not exceed $1,000,000 in the anrival aggregate unless the limit per occurrence or per
line of coverage, or aggregate is otherwise approved by the City.
8.5. No Limitation of Liability.
The insurance requirements set forth in this Section 8 and any recovery by the City
of any sum by reason of any insurance policy required under this Agreement shall in no way
be construed or affected to limit or in any way affect Company's liability to the City or other
persons as provided by this Agreement or law.
9. DEFAULTS.
The occurrence at any time during the term of this Agreement of one or more of the
following events shall constitute an "Event of Default" under this Agreement:
9.1. Failure to Pay License Fee.
An Event of Default shall occur if Company fails to pay any License Fee on or
before the respective due date.
9.2. Breach.
An Event of Default shall occur if Company materially breaches or violates any
of the terms, covenants, representations or warranties set forth in this Agreement or fails
to perform any obligation required by this Agreement.
9.3. Bankruptcy, Insolvency or Receivership.
An Event of Default shall occur if Company (i) files a voluntary petition in
bankruptcy;is adjudicated insolvent; (iii) files any petition or fails to contest any
petition filed against it seeking any reorganization, arrangement, composition,
readjustment, liquidation, dissolution or similar relief for itself under any laws relating to
bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in
the appointment of any trustee, receiver, master, custodian or liquidator of Company, any
of Company's property or any revenues, issues, earnings or profits thereof; (v) makes an
assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as
they become due.
Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park
Page I S of 23
9.4. Violations of the Law.
An Event of Default shall occur if Company violates any existing or future federal,
state or local laws or any existing or future ordinances, rules and regulations of the City.
10. UNCURED DEFAULTS AND REMEDIES.
10.1. Notice of Default and Opuortunity to Cure.
If an Event of Default occurs on account of Company's failure to pay the License
Fee in accordance with Section 9.1, such Event of Default shall be deemed an Uncured
Default and the City shall have the right to tenninate this Agreement immediately upon
provision of written notice to Company. If an Event of Default occurs for a reason other
than for failure to pay the License Fee, the City shall provide Company with written
notice and shall give Company the opportunity to cure such Event of Default. For an
Event of Default which can be cured by the immediate payment of money to the City,
Company shall have thirty (30) days from the date it receives written notice from the City
to cure the Event of Default. For any other Event of Default, Company shall have sixty
(60) days from the date it receives written notice from the City to cure the Event of
Default. If any Event of Default is not cured within the time period specified herein, such
Event of Default shall, without further notice from the City, become an "Uncured
Default" and the City immediately may exercise the remedies provided in Section 10.2.
10.2. Remedies for Uncured Defaults.
Upon the occun•ence of an Uncured Default, the City shall be entitled to exercise,
at the same time or at different times, any of the following remedies, all of which shall be
cumulative of and without limitation to any other rights or remedies the City may have:
10.2.E Termination of Agreement.
Upon the occurrence of an Uncured Default, the City may tenninate this
Agreement. Upon such termination, Company shall forfeit all rights granted to it
under this Agreement and, except as to Company's unperformed obligations and
existing liabilities as of the date of termination, this Agreement shall
automatically be deemed null and void and shall have no further force or effect.
Company shall remain obligated to pay and the City shall retain the right to
receive License Fees and any other payments due up to the date of termination.
Company shall remove the Pipeline from and restore the Park as and when
requested by the City. The City's right to terminate this Agreement under this
Section 10.2.1 does not and shall not be construed to constitute any kind of
limitation on the City's right to terminate this Agreement for other reasons as
provided by and in accordance with this Agreement; provided, however, that
Company may not abandon the Pipeline without the approval of the Commission
Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park
Page 16 of 23
or successor agency or other regulatory authority with jurisdiction, if such action
without such approval is prohibited at the time by applicable federal or state law
or regulation.
10.2.2. Legal Action Against Company.
Upon the occurrence of an Uncured Default, the City may commence
against Company an action at law for monetary damages or in equity, for
injunctive relief or specific performance of any of the provisions of this
Agreement which, as a matter of equity, are specifically enforceable.
11. PROVISION OF INFORMATION.
11.1. Filings with the Commission.
Company shall provide copies to the City of all documents which Company files
with or sends to the Commission concerning or related to its transportation of Gas
through or other operations in the City, including, but not limited to, filings related to (i)
tariffs; (ii) rules, regulations and policies requested, under consideration or approved by
the Commission; and (iii) applications and any supporting pre -filed testimony and
exhibits filed by Company or third parties on behalf of Company, on the same date as
such filings are made with the Commission. In addition, Company shall provide the City
upon request with copies of records, documents and other filings that Company is
required to maintain or supply to the Commission under any applicable state or federal
law, rule or regulation concerning or related to its transportation of Gas through or other
operations in the City.
Lawsuits.
Company shall provide the City with copies of all pleadings in all lawsuits to
which Company is a party and that pertain to the granting of this Agreement and/or the
transportation of Gas through the City within thirty (30) days of Company's receipt of
same.
12. COMPANY AS INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Company shall operate as an independent
contractor as to all rights and privileges granted by this Agreement, and not as an agent,
representative or employee of the City. Company shall have the exclusive right to control the
details of its business and other operations necessary or appurtenant to the transportation of Gas in
accordance with the terms and conditions of this Agreement, and shall be solely responsible for the
acts and omissions of its officers, agents, servants, employees, contractors and subcontractors.
Company acknowledges that the doctrine of respondeat superior shall not apply as between the
Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park
Page 17 of 23
City and Company, its officers, agents, employees, contractors and subcontractors. Company
further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between the City and Company.
13. ASSIGNMENT PROHIBITED.
Company may not assign or otherwise transfer any of its rights or obligations under thus
Agreement unless specifically authorized in writing by the City, which authorization shall not be
unreasonably withheld; provided, however, that Company may make such an assignment of its
rights to an affiliated company without the consent of City, provided, that upon such assigmnent,
Company shall notify City within sixty (60) days of said assignment. An `affiliated company'
shall mean any parent, subsidiary or sister company or other legal entity that controls, is controlled
by, or is under common control with Company. For purposes of this clause, `control' means direct
or indirect ownership of fifty percent (50%) or more of the voting rights of the subject entity.
Notwithstanding such an assignment to an affiliated company, Company shall remain liable to City
for any failure to perform hereunder by the affiliated assignee, and this provision shall thereafter be
applicable to Company and such affiliated assignee.
14. NOTICES.
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (i) hand -delivered to the other party, its agents, employees,
servants or representatives, or (ii) received by the other party by United States Mail, postage
prepaid, return receipt requested, addressed as follows:
To THE CITY:
City of Fort Worth
Parks and Community Services Director
1000 Throckrmorton
Fort Worth, TX 76102
with a copy to:
City of Fort Worth
Department of Law
Attn: Attorney for Parks and Community Services
1000 Throckrnorton
Fort Worth, TX 76102
To COMPANY:
Enterprise Texas Pipeline, LLC
Marc Tausend,
Agent and Attorney in Fact
1100 Louisiana, Suite 1000
Houston, Texas 77002
with a copy to:
Enterprise Texas Pipeline, LLC
4150 International Plaza, Suite 800
Fort Worth, Texas 76109
Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park
Page 18 of 23
15. NON-DISCRIMINATION COVENANT.
Company shall not discriminate against any person on the basis of race, color, national
origin, religion, handicap, sex, sexual orientation or familial status in the receipt of benefits from
Company's business operations, in any opportunities for employment with Company or in the
construction or installation of the Pipeline.
16. NO WAIVER.
The failure of the City to insist upon the performance of any teen or provision of this
Agreement or to exercise any rights that the City may have, either under this Agreement or the law,
shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert
any such right on any future occasion.
17. GOVERNING LAW AND VENUE.
This Agreement shall be construed pursuant to and in accordance with the laws of the
United States of America and the State of Texas. If any action, whether real or asserted, at law or in
equity, arise out of the terms of this Agreement, Company's transportation of Gas or Company's use
of Mallard Cove Park, venue for such action shall lie exclusively in state courts located in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort Worth
Division.
18. CONFERENCES.
At the request of either the City or Company, the City and Company shall meet at
reasonable times and upon reasonable notice to discuss any aspect of this Agreement, Company's
Pipeline, Company's operations in the City, Company's transportation of Gas or Company's use of
Mallard Cove Park,
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final
order entered by a court of competent jurisdiction, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement,
a court order shall be final only to the extent that all available legal rights and remedies pertaining to
such order, including, without limitation all available appeals, have been exhausted. In such an
event, the City and Company agree that they shall amend or have amended this Agreement to
comply with such final order entered by a court of competent jurisdiction.
Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park
Page 19 of 23
2ve F-ORC W1AJLiTlKE.
In the event Company's performance of any of the terms, conditions or obligations required
by this Agreement is prevented by a cause or event that is not within Company's reasonable control,
C ompany's non performance shall be deemed excused for the period or such inability. Causes or
eventsthatare. not .within .the Company's control shall include, but not be limited to, acts of God,
sMikes. sabotage, huts ui eivil uistuibances, lailure or hiss Oi utillUes, explosions anu natural
disasters.
21. 1T�ADII�IG� NOT CAI�TTROII.il�G.
rieadings and titles, other than those captions in Section 1, that are used in this Agreement
are for reference purposes only and shall not be deemed a part of this Agreement.
22. �NTIDLTY DF ADRLEI�ILNT.
phis Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein b_y reference, contains the entire understanding and agreement between the City
and Company as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with the terms and conditions of
his Agreement. lijus Ar eement snail not die amenueu unless agieeu to iii Whiting by both parties
and approved by the City Council of the City.
��,CUTLD as of the later -date below:
CI 1 �' DjF FDJ�T VVU>!d T 1�;
Ey
Assistant City IVlanager
Date:
1Assistant -City Attorney
In TA
LN'I`LI�' TLXA� 1'IP'IELIN�, L.L.C.
By: /Z �
Marc Tausend
Agent and Attorney in fact for
Enterprise Texas Pipeline, LLC
AND LEGALITY:
Attested byo
Msxt
y
T T : T AA..I L.�.1 f'....:.
f
t
Page
20
of 23
City SeGret�ry
T. WORTH, TX
T1 STA If jl [v � lC�% 0
�:'OUNT�I 011+ TAIt�,�1i�IT
This instrument was ackiwwWagetl before me on this 7 rlay of , 201( by
!Akrtej 0•640'ofS Assistant City Manager of the City of Fort W-orth, Texa , a municipal
corporation, on behalf of the tarty of Fort Worth, 'Texas.
MAiiIA S. SANCHEZ / /� ,
My COMMISSION EXPIRES
Oacember 14, 2013 7Notqky Public, State of Texas
Printers Nnmek•
-lily -commission-expir-es:
ACKNOWV,�;I�c�I`�lTi �+,�TT
T�.�TAT� -OF TEAS §
OUNTY OF TARRANT §
T1us instrument was acknowledged before me on this��ilay of �i 0� ,
2010, by Marc Tause-nd, Agent ,and Attorney in fact for Enterprise Texas Pipeline, LLC, a Texas
limited liability company, on behalf of said compaj
SCHERI N. SCHMIDT
Notary Public, State of Texas
My Commission Expires
August 03, 2011
My -commission -expires: i�t
1Vly commission number:
I D►: ai I-"
Company may only use approximately 23".10 linear feet crossing Park as depicted on the
attached exhibits:
Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park
Page 22 of 23
EXHIBIT "A" sheet 1-5, sheet 1-6 & sheet 1-4
EXHIBIT ` 3 sheet 1-2
EXHIBIT "C" sheet 1-1
Enterprise Texas Pipeline LLC Pipeline License Agreement Mallard Cove Park
Page 23 of 23
EXHIBIT "All
G VOLUME G, PAGE TARRANT COUNTY TEXAS
P
I FOUND
O WILLIAM MORRIS SURVEY ABSTRACT N04 105Z &
DEED UNE
@ ! ROD (I.R.) ,
t7.TS. NOT To scALE WILLIAM MASTERS SURVEY, ABSTRACT NO. 1048
UC, LICENSE
P.R.T,C.T. PLAT RECORDS OF TARRANT COUNTY, TEXAS
O.P.R.TC.T. OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
RP,R.T.C.T. REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS
O BASEUNE—NDTHING FOUND OR SET
TX-—DOI6.00Do h TX—TR-00 .00000
CITY OF FORT WORTH
DOC. D203060189
\e\ O.P.R.T.C.T. 0 ISO aoD
SCALE: I*= 300'
I& U1
Tx-TR—o02D.oppoo
aTY of FORT MORTN
CAL. KOO ACRESIS6i0 DOC. D2040
L
Notes:
SEE DETAIL "B".
SEE SHEET 2 OF 5
SEE DETAIL "A"
SEE SHEET 2 of 5
n
DSED 7MG5 PIPEIJNE
33'� SANITARY LINE
i. The
ownership of the subject trac#, shown hereon, is
boxed upon a Limited Tale Certificate (L.LC.), prepared for
Tract No. IA—TR-0016.00000 & 0019100000, Dated 12-30,
2008, and prepared by representatives of Enterprise Texas
Pipeline LLC. No other research was performed by the
undersigned surveyor. The LT.C. referenced above, lists only
those license areas of record that were executed during the
time of the limited search period, (25 years), which are not
shown hereon.
2 All bearings and distances shown hereon are bused upon
the Texas State Plane Coordinate System, North Central
Zone, North American Datum of 1983, US Survey feet, as
derived from n r:In6ril P..°»t...,t....
PANT OF
PIPELINES
�APPROxIMATE LOCAl10H OF
ABSTRACT SURVEY LME
�
DRAkN JW DATE OeJ03/OD --
CHECKED KE DA1E 2/„/1p
APP'D Esw DATE 2J„J,p Enterprise Texas Pipeline LLC
;REV1
41�w3WI SHEET 1 Or 5
OESC-
v eDRe ,Es ANo Ars�rGUILEINTERSTATE
°'�'�'r� ,U� ENGINEERING375
�'°xv4R"W° �a TBPE RN'FTEXAS
2B 0
POINT OF
BEGINNING FOR
BASELINE
:E DETAIL "C"
SEE SHEET 2 OF 5
CITY OF FORT WORTH
STANCE ACROSS PROPERTY: 13t)5.3'
7.60 ACRE
EMPORARYI WORKSPACE: 048 ACRES
ADDITIONAL WORKSPACE: 0.22 ACRES
ORAM,NO N0, REV.
TX—TR-0016.00000 6
DRAWN JUA
CHECKED KE
APP'P E554
SCALE N.T.S.
EXHIBIT "A"
I ARRANT COUNTY, TEXAS
WILLIAM MORRIS SURVEY, ABSTRACT NO, 1053 &
WILLIAM MASTERS SURVEY, ABSTRACT NO. 1048
DETAIL "B" DETAIL "C"
N.T.S. N.T.S.
2/17/10
s/17/w
2 DF 5
Enterprise Texas Pipeline LLC
'ATE
♦a ,
4 / f I.
1 /1 I11/1 11 /11/1
DRAYANG ND. REV
TX-TR-0016.00000 6
EXHIBIT "A"
ENTERPRISE TEXAS PIPELINE LLC
TARRANT COUNTY, TEXAS
LW SURVEY JOB NO. 50512
CITY OF FORT WORTH
TRACT NO. TX-TR-0016400000 &
TX-TR-0019.00000
DESCRIPTION OF A
TWENTY (20) FEET WIDE LICENSE AREA
UPON THE PROPERTY OF
THE CITY OF FORT WORTH
DESCRIPTION OF A TWENTY (20) FEET WIDE LICENSE AREA IN THE
WILLIAM MORRIS SURVEY, ABSTRACT 1053 AND THE WILLIAM MASTERS
SURVEY, ABSTRACT 1048, CITY OF FORT WORTH, TARRANT COUNTY
TEXAS, AND BEING UPON, OVER, THROUGH, AND ACROSS A PORTION OF
THAT TRACT OF LAND DESCRIBED IN AND CONVEYED TO THE CITY OF
FORT WORTH BY INSTRUMENT RECORDED UNDER DOCUMENT NO,
D203060189 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY,
TEXAS (O.P.R.T.C.T.), REFERRED TO HEREINAFTER AS THE "ABOVE
REFERENCED TRACT OF LAND". SAID LICENSE AREA BEING SITUATED TEN
(10) FEET NORTH OF AND SOUTH OF THE HEREIN DESCRIBED BASELINE,
THE SIDELINES OF SAID LICENSE AREA TO BE PROLONGED OR SHORTENED
TO TERMINATE ON THE WEST LINE AND THE EAST LINE OF THE ABOVE
REFERENCED TRACT OF LAND. THE BEARINGS AND DISTANCES HEREIN
BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH
CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983, US SURVEY FEET, AS
DERIVED FROM A GLOBAL POSITIONING SYSTEM SURVEY, PERFORMED BY
LW SURVEY, ENGINEERING, AND DESIGN COMPANY IN JUNE 2009. SAID
BASELINE IS DESCRIBED AS FOLLOWS.
COMMENCING at a '/a inch iron found for the northeast corner of the above referenced
tract of land;
THENCE South 00°29' 16" East, along the east line of the above referenced tract of land,
a distance of 584.9 feet to the POINT OF BEGINNING of the herein described
baseline;
THENCE North 64°25'23" West, a distance of 58.9 feet;
SHEET 3 OF 5
THENCE North 83°0938 West, a distance of 62.6 feet,
THENCE South 77°40S6 West, a distance of 309.2 feet;
THENCE South 89°59' I5" West, a distance of 300.1 feat;
THENCE South 72°50'S0" West, a distance of481.7 feet;
THENCE South 77°18'33" Vilest, a distance of 42.8 feet to the west line of the above
referenced tract of land and the POINT OF TERMINATION of the herein described
baseline, from which a 5/8 inch iron rod stamped with "SURVCON INC" found for the
southwest corner of the above referenced tract of land bears South 010 15' 26" East, a
distance of 286.2 feet, said baseline having a total length of 1305.3 feet, said License
Area containing 0.60 acre of land, more or less.
TEMPORARY WORD SPACE
That part of the above referenced tract of land lying seventy (70) feet north of and
parallel with the northerly sideline of the above described License Area, containing 1.48
acres of land, more or less.
ADDITIONAL WORK SPACE
That part of the above referenced tract of land described as follows:
BEGINNING at the northwesterly confer for the previously described Temporary Work
Space;
THENCE North 72°5050" East, a distance of 190.0 feet, along the northerly sideline of
the previously described Temporary Work Space; -
THENCE North 17°09' I O" West, a distance of 50,0 feet;
THENCE South 72°50'50" West, a distance of 190.0 feet;
THENCE Soutlt 17°09'10" East, a distance of 50.0 feet to the POINT OF
BEGINNING, containing 0.22 acre of land, more or less.
SHEET 4 OF 5
For reference and further information see Dwg. No. TX-TR-0016.00000, prepared by
LW Survey, Engineering, and Design Company, same date.
If this description and accompanyuig plat are not sealed with the raised embossing seal of
tine.R.F.L.S. whose signature appears below, it should be considered as a copy and not the
original.
cuFnT 5 OF 5
7 XO
EXHIBIT "A"
, L FUME TARRANT COUNTY, TEXAS
O
OD FOUN WILLIAM MORRIS SURVEY, ABSTRACT NO. IRON r ROD (I.R,) 1053 4�C
N.T.S. N�TON CALF WILLIAM MASTER SURVEY, ABSTRACT NO. 1048
LFC, uOFN5E
P,R,T.C.T. PLAT RECORDS OF TARRANT COUNTY, TEXAS FND. 5/r I.R.
O.RT.C,T. DEED RECORDS OF TARRANT COUNTY, TEXAS NO CAP
O.P.RT,C.T. OFFICIAL PU81JC RECORDS OF TARRANT COUNTY, TEXAS
RP.R.T.C.T. REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS
p BASELINE-NOTNINO FOUND OR SET
FND. 5/8` I.R. W/CAP
STAMPID SURVCON INC
9 P n
Tx-TR-OD20.00DDO
CITY OF FORT WORTH
14.00 ACRES
DOC. D204013640
O.P.R.T.C.T.
R � R
FND. 5 I.R. W/CAP
STAAfP SURVOON INC
TX—TR—D022.00D0O
CITY OF FORT WORTH
CALL 86.06 ACRES
VOL, 4384 PG, 104
Notes:
D. R. T. C. T. 7x— TR— 0 021.0 0 0 00
CITY OF FOR WORT}{
DOC. D204111643
TRACT 1
CALL 9,769 ACRES
POINT QF
Tr7tMINATION
SEE DETAIL "A`
SHFET 2 of e
50' ACCESS EASEMENT
Doc, D2oso6ales -
(VOL 16405 PC. T26)
D.R.T-C.T-
i. The ownership of the subject tract, shown hereon, is
based upon o Limited Title Certificate (L.7.C.), prepared for
Tract No. 1X—TR-0020.00000, Dated 12-30, 2008, and
prepared by representatives of Enterprise Texas Pipeline LIC.
No other research was performed by the undersigned
surveyor, The L.T.C. referenced above, lists only those
license areas of record that were executed during the time
of the limited search period, (25 years), which are not
shown hereon.
2, All bearings and distances shown hereon are hosed upon
the Texas State Plane Coordinate System, North Central
Zone, North American Datum of 1983, US Survey Feet, as
derived from a Global Positioninn RwI`PM s„F,,.0 "r,.".,,..,wl
DRAWN
,.TAI
DATE
CHECKED
KE
DATE
APPb
ESw
DATE
.G
/18/10
I/IB/10
1 OF 6
� mAT/lo A6101E � ImTN
JOD ND. 1J75
CLIENT: enrupw-rew P,paro ua
FND. I DOD
Enterprise Texas Pipeline LLC
HOUsroN, rEXAs
TBPE RN F-2830
D 100 200
SCALE 1"a 200'
TX—TRe0016.00000 &
TX—TR-0019,000DO
CITY OF FORT WORTH
DOG. N0. 0203060189
O.P,R.T.C.T.
0
J
20' WIDE
LIC. AREA
POINT OF
BEGINNING
:E DETAIL "B"
INCRESS/ECRESS
TELIP. EA5EMEN7
SHE71 J OF 6
I.R. W//CAP
AMPED SURVC6N INC
POINT OF
COMMENCEMENT
CITY OF FORT WORTH
NCE ACROSS PROPERTY:
LICENSE AREA;
TEMPORARY WORKSPACE:
212.3'
0.10 ACRE
0,34 ACRE
low
•7
• yr . ��.•.�
DRAWING N0.
TX-TR-0020.00000
REY.
7
EXHIBIT "A"
IARRANICOUNTY,TEXAS
WILLIAM MORRIS SURVEY, ABSTRACT NO. 1053 Sc
WILLIAM MASTER SURVEY, ABSTRACT NO. 1048,
N
tx-t 0 2D.00000
CITY OF FORT WORTH
4,00 ACRES
DOC. D204013640 to
O.P,T.C.T.
NDIy4'3i'W,
2D.4'
tEXAS u�ostREAu cAs stmtcEs,
LLC. (25' W. UCENS£ AREA iCR
20' CAS PIPEUNa; 2342.44' D7
LENGTH) 000, D208443627
O,R.lat
D�t3t�4+>•[7,�
N.r.S �STIEEr 2 0!: 6
NE5CP P
PtPt1i D P�osxttCEY
fy1cRWoaR3���io
" ¢ E�asr. 33Y sANn
25' GCENSE AREA Doc. 21
ORIpNAI i0' uCETJSE AREA
D.R,t'.C.T.
n r n
t00D NAIL
DETAIL "A"
N.T.S.
Enterprise Texas Pipeline LLC
DRAYANO N0.
LINE,
izD3 (Pu>j,
3320 PG eS7
PgNT Of
SOlyb'26'E,
2G4'
PgNT OF
COMMENCEMENT
BASELINE
fND. bf8' LR. W//CAP
STAAIPEO SVRVCON INC
TX-TR-0020.00000
REV.
7
EXHIBIT "A"
I Am" I COUNTY, TEXAS
WILLIAM MORRIS SURVEY, ABSTRACT NO. 1053 &
WILLIAM MASTER SURVEY, ABSTRACT NO. 1048
N77 18'33'E•
20.4'
Ila
or
TX-'1R-DD2G.Ot)OQD ( I
10 CITY OF FORT WORTH
14.00 ACRES
DOC. D204013640
O.P.T.C.T. I a
�I gl
20' WIDE
INGRESS/EGRESS I 1
TEMPORARY
EASEMENT
7*840.8 SQ. FT. I
0.18 AC.
1 /
L=66.2' /'�' /
R=190.00 / ! l La97.5'
bw26'36'04' / ll Rd210.00
CHB=N1279113'E / ! 6=28'38'04'
CL=87.4' / / J CHO�S12'1913'W
/ CL=96.6'
/ / /�
/ / //
50' ACCESS EASEMENT / / / \ FND. 5/8' LR. W/CAP
ip DOC. 0103050188 / p / / STAMPED SURVCON INC
I (VOL 16405 PG. 128) / j'
DJLT.C.T.
Ak
FW
I I /
zo•
N88'30'2D'E•
FND. 1...L 521.1'
POINT OF POINT Of
COMMENCEMENT BEGINNING SBS•3D'20'W.
INGRESS/EGRESS INGRESS/EGRESS 22.5'
TEMP, EASEMENT TEMP. EASEMENT
DETAIL "B"
N.T.S.
DRAWN .A.M DATE 07/25/09 LICENSE AREA PLAT
CHECKED KE DATE 1/13/10
APP'D ESW DATE 1/18/10 Enterprise Texas Pipeline LLC IJCENSE AREA
KALE N.T.S. SHEET 3 OF b .CROSSING PROPERTY OF
REV/ DATE DESC. CITY OF FORT WORTH
6 D2/11/IDREV. /E�RD. C
GULF INTERSTATE�. No. TX—TR-402o.00000
7 OS/17/f0 R81D'rE 1ws. FlC tiO1H ENGINEERING DRAWING NO.
JOB N0. 1376
CLIENT. enm.ynaoramapipornaLLc HOUSTON, TEXAS TX—TR-0020.00000
TBPE RN F-2830
REV.
7
EXHIBIT "A"
ENTERPRISE TEXAS PIPELINE LLC
TARRANT COUNTY, TEXAS
LW SURVEY JOB NO. 50512
CITY OF FORT WORTH
TRACT NO, TX-TR-0020.00000
DESCRIPTION OF A
TWENTY (20) FEET WIDE LICENSE AREA
UPON THE PROPERTY OF
THE CITY OF FORT WORTH
DESCRIPTION OF A TWENTY {20) FEET WIDE LICENSE AREA IN THE
WILLIAM MORRIS SURVEY, ABSTRACT 1053 AND THE WILLIAM MASTER
SURVEY, ABSTRACT 1048, CITY OF FORT WORTH, TARRANT COUNTY
TEXAS, ALSO KNOWN AS LOT l A I D TRINITY CANAL INDUSTRIAL PARK
ADDITION, AND BEING UPON, OVER, THROUGH, AND ACROSS A PORTION
OF THAT TRACT OF LAND DESCRIBED IN AND CONVEYED TO THE CITY OF
FORT WORTH BY INSTRUMENT RECORDED UNDER DOCUMENT NO,
3204013640 OF THE OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY,
TEXAS (O.P.R.T.C.T.), REFERRED TO HEREINAFTER AS THE "ABOVE
REFERENCED TRACT OF LAND". SAID LICENSE AREA BEING THAT PART OF
THE ABOVE REFERENCED TRACT OF LAND LYING TEN (10) FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED BASELINE, THE SIDE LINES OF SAID
LICENSE AREA TO BE PROLONGED OR SHORTENED TO TERMINATE ON THE
DEED LINES OF THE ABOVE REFERENCED TRACT OF LAND. ALL BEARINGS
AND DISTANCES HEREIN ARE BASED UPON THE TEXAS STATE PLANE
COORDINATE SYSTEM, NORTH CENTRAL ZONE, NORTH AMERICAN DATUM
OF 1983, US SURVEY FEET, AS DERIVED FROM A GLOBAL POSITIONING
SYSTEM SURVEY IN JULY 2009 PERFORMED BY LW SURVEY, ENGINEERING,
AND DESIGN COMPANY. SAID BASELINE IS DESCRIBED AS FOLLOWS:
COMMENCING at a 5/8 inch iron rod with can stamped "SURVCO'NJ INC" found on
the easterly deed line of the above referenced tract of land, said corner also being
common to the southwesterly corner of that certain called 33.500 acres tract of land
transferred to the City of Fort Worth and recorded as Document No. D203060189,
Official Public Records of Tarrant County, Texas;
SHEET 4 OF 6
THE,PdCE rdortl� 01 ° 15'26" %Jest, a distance of 286.2 feet along said easterly line of the
above referenced tract of land, to the POINT OF BEGINNING;
THENCE South 77° 1$'33" West, a distance of 212.3 feet to the westerly deed line of the
above referenced tract of land and the POINT OF TERMINATION of herein described
baseline, from which a 100d nail, found marking the most southerly southwesterly corner
for the above referenced tract of land, bears South 01, 14' 31" East, a distance of 336.9
feet. The said License Area contains 0.10 acres of land, more or less.
TEMPORARY WORK SPACE
A 70 feet wide strip of land adjoining, lying northerly of and being parallel to the
nortberly side of said License Area, containing 0.34 acre of land, more or less.
TWENTY !20) FEET WIDE INGRESS/EGRESS TEMPORARY EASEMENT
COMMEVCING at a 100 D nail found for the mast southwesterly corner of the above
referenced tract of lance,
THENCE North 88°30'20" East, a distance of 521.1 feet along the southerly deed line of
the above referenced tract of land to the POINT OF BEGINNNING of herein described
Ingress/Egress Temporary Easement,
THENCE North 25037' 14" East, a distance of 127.0 feet to the beginning of a 190.0 feet
tangential curve to the left;
THENCE along said curve a distance 88.2 feet through a central angle of 26°36'04";
THENCE North 00°58'49" West, a distance of 165.1 feet to the southerly line of the
previously described License Area;
THENCE North 77° 18'33" East, a distance of 20.4 feet along said southerly line;
THENCE South 00458'49" East, a distance of 169.3 feet to the beginning of a 210.0 feet
radius curve to the right;
SH1ET 5 OF 6
THENCE along said curve a distance 97.5 feet through a central angle of 26°36'04' ;
THENCE South 25°37'14" West, a distance of 116.8 feet to the southerly deed line of
the above referenced tract of land;
THENCE South 88°30'20" Wcst, a distance of 22.5 feet along said southerly deed line to
the POINT OF BEGINNING of herein described Ingress/Egress Temporary Easement,
containing 0.18 acre of land, more or less;
For reference and further information see Dwg. No. TX-TR-0020.00OQO, prepared by
LW Survey, Engineering, and Design Company, same date.
If this description and accompanying plat are not sealed with the raised embossing seal of
the R.P.L.S. whose signature appears below, it should be considered as a copy and not the
original.
SHEET 6 OF 6
EXHIBIT "A"
VOL. VOLUME I ARRAN I COUNTY, TEXAS
PQ PAGE
Flm. FOUND ) R. IRON R00 (iWILLIAM MORRIS SURVEY, ABSTRACT N0. 1053 &
® .
yy OEM LINE WILLIAM MASTER SURVEY, ABSTRACT NO, 104$
t1. AS, NOWT TO SCALE
SE
P.R.LQT. PLAT RECORDS OF TARRANT COUNTY, 1EX S
O.P.R,T.QT. OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS TX—TR-0020.00DD0
R,P.R.T.C.T. REAL PROPERTY RECORDS OF TARRANT COUNTY, TEXAS ��
0 BASELNE-NOTHNG FOUND OR SET
CITY OF FORT WORTH
CALL 14,00 ACRES
DOC. 0204111643
FND, 5/E' I.R. W/CAP
STAMPED SURVCON INC
TX—TR-0022,00000 iO Q BA;MJNLQ RETENTION D too 200
0 �i�iDE PONb
CITY OF FORT WORTH I U NSE EA SCALE: t`+ 200'
CALL 84 P ACRES POINT OF
VOL *RwT PG* 104 MW12 BEGINNING
D.R.T.C.T. Nr
0
TX—TR-0020.00000
POINT OF �~ _
TERMINATION te'33`w
279•7 , # CITY OF FORT WORTH
TREES TO BE SAVED N38'20'44'ty,,,` CALL 14.00 ACRES
44!2r PECAN 23' LT., S DETAIL s+e•a' 5 T DOC,2040t3640
2Y PECAN 39 5 LT, SEE SHEET 2 of 5 "g O.R,T.C.T.
0
EXIST. 70' TMGS PIPE1.tN[5 (NEST
FORK PIPELINE COMPANY C.P., L.G
UNDERGROUND PIPELINE LICENSE
AGREEMENT REFERENCE ND.
C-20710, CITY SECRETARY
CONTRACT N04 32103, APPROVED
BY COUNCIL 5/03/2005)
Notes:
PROP. 2D'
7MGS P.L.
1. The ownership of the subject tract, shown hereon, Is
based upon o Limited Title Certificate (L.T.C.), prepared for
Tract No. IA— TR-0021.00000, Dated 12-30, 2008, and
repaired by representatives of Enterprise Texas Pipeline I.L.C.
No other research was performed by the undersigned
surveyor. The L.T.C. referenced above, lists only those
cerise areas of record that were executed during the time
of the limited search period, (25 years), which ore not
shown hereon,
2. All bearings and distances shown hereon are based upon
the Texas State Plane Coordinate System, North Central
i!one, North American Datum of 1983, US Survey Feet, os
ferived from o Global Positioning System Survey performer
ty L.W. Survey, Engineering dt Design Company in June
?0090
3. See Sheets 3, 4, and 5 of 5 for description.
4. If this plot and,gccompanying description ore not
sealed with the Pdise embossing seal of the Surveyor
whose name;�ea elow, it sho I be considered as
a copy and e�rigiDai l
Edward Stev��I Wrig�it, RPL�No.
DRANK AJ,1
PATE 08/01/09
CI1EgCE0 HE
DATE H/02/o0
APPro ESW
bATE I1/os/og
SCALE tam 20D'
SHEET t OF 4
REV/
DATE
DESO.
5
0IJt7/iD
KY, HDD STFW OUT
I
8
/N/ID
ROIOK TINS, EASE MDTH
.10H N0. i375
GLIEtrtt 6nferpr TeW PWNtrfq LL6
7
c� Ebsr.
SANITARY UNE
-R
FNO, 100D NAL
POINT OF
COMMENCEMENT
TX—TR-0021. onnon
CITY OF FORT' iNORTH
CALLED 9.769 ACRES
DOC. D2041141643
0*P.RJ.C.T.
Enterprise Texas Pipeline LLC
CITY OF FORT WORTH
DISTANCE ACROSS PROPERTY: 826,5'
LICENSE AREA: 0,38 ACRE
TEMPORARY WORK SPACE: 1.33 ACRE
LICENSE AREA PLAT
DRANiNO NO. REV
TX-TR-0021.00000 g
DRA/FN J(.M DAiE OS/Ot/Qa
CHECKED !CE DATE 19/02/09
APPb ESW DATE Ii/09/Q9
KALE N.T.S. SHEET 2 OF 4
0
CLIENT. ru,t.yneorein.rpeiMuc
EXHIBIT "Alt
TARRANT COUNTY, TEXAS
WILLIAM MORRIS SURVEY, ABSTRACT N0. 1053 &
WILLIAM MASTER SURVEY, ABSTRACT N0, 1045
DETAIL "A"
N.T.S.
Enterprise Texas Pipeline LLC
DRAINNG N0. REV
TX—TR--0021.00000 8
EXHIBIT
ENTERPRISE TEXAS PIPELINE LLC
TARRANT COUNTY, TEXAS
LW SURVEY JOB NO. 505I2
CITY OF FORT WORTH
TRACT NO. TX-TR-0021.00000
DESCRIPTION OF A
TWENTY (20) FEET WIDE LICENSE AREA
UPON THE PROPERTY OF
THE CITY OF FORT WORTH
DESCRIPTION OF A TWENTY (20) FEET WIDE LICENSE AREA BEING ON
9.769 ACRES OF LAND SITUATED IN THE WILLIAM MORRIS SURVEY,
ABSTRACT NO. 1053 AND THE WILLIAM MASTER SURVEY, ABSTRACT NO,
1048, CITY OF FORT WORTH, TARRANT COUNTY TEXAS, ALSO KNOWN AS
LOT IAIC TRINITY CANAL INDUSTRIAL PARK ADDITION, SAID 9.769 ACRE
TRACT BEING DESCRIBED AS TRACT I CONVEYED TO THE CITY OF FORT
WORTH IN SPECIAL WARRANTY DEED RECORDED IN CLERK'S FILE NO,
D204111643, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS
(O.P.R.T.C.T.), REFERRED TO HEREINAFTER AS THE "ABOVE REFERENCED
TRACT OF LAND". SAID LICENSED AREA BEING SITUATED TEN (10) FEET
NORTHERLY OF AND SOUTHERLY OF THE HEREIN DESCRIBED BASELINE.
THE SIDELINES OF SAID LICENSE AREA TO BE PROLONGED OR SHORTENED
TO TERMINATE ON THE EAST LINE AND THE WEST LINE OF THE ABOVE
REFERENCED TRACT OF LAND, ALL BEARINGS AND DISTANCES HEREIN
ARE BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH
CENTRAL ZONE, NORTH AMERICAN DATUM OF 1983, US SURVEY FEET, AS
DERIVED FROM A GLOBAL POSITIONING SYSTEM SURVEY IN JUNE 2009
PERFORMED BY LW SURVEY, ENGINEERING, AND DESIGN COMPANY.
COMMENCING at a 100 D nail found for the southeast corner of the above referenced
tract of land;
SHEET 3 OF 4
THENCE North O1 °14'31" West, a distance of 336.8 feet along the east line of the above
referenced tract of 'land, to the POINT OF BEGIN NU%i0 of the described baseline;
THENCE South 77°18'33" West, a distance of 279.7 feet;
THENCE North 88°29'44" West, a distance of 546.8 feet to the west line of the above
referenced tract of land and the POINT OF TERMINATION of the described baseline,
from which a 5/8 inch iron rod with cap stamped "SURVCON INC" found for the
northwest corner of the above referenced tract of land bears North 00' 24' 59" West, a
distance of 185.6 feet, said Licensed Area containing 0.38 acre of land, more or less.
TEMPORARY WORD SPACE
That part of the above referenced tract of land lying seventy (70) feet north of and
parallel with the northerly sideline of the above described License Area, containing 1.33
acres of land, more or less.
For reference and further information see Dwg. No. TX-TR-0021.00000, prepared by
LW Survey, Engineering, and Design Company, same date,
If this description and accompanying plat are not sealed with the raised embossing seal of
the R.P.L.S. whose signature appears below, it should be considered as a copy and not the
original.
SHEET 4 OF 4
EXIBIT "B"
Tree Survey & Construction
,299'X75'
DITI OVAL
t
D
-uu�u.uuuuu
FORT WORTH[ � BORING TO
14.00 ACRES SAVE PECAN)
D204013640 +AND _ TREES
TREES T0f SA -
34" PECA 2L
i
plo
i �tIF
_
D.P.R.T.C.T.
(DK D203060189
D.R.T.C.T.)
ADD
i9D'X5D'
ITIONAL WOR
�0' TEMPORARY
WORKSPACE
BORE
AREA TO
SAVE
'� � fli�.SELINE n
s 20' WIDE ,
+�� TREE VED gtow
,
• 134a X #;,LICENSE +-
AREA
J L rt
I�iMr1�z
� TX-TR 14.00
TX-TR 015.0(
MICHAEL E. Md
CALLED 8.8850 j
DOC, D204195
R.P.R,T.C.T.
UNDETERMINED
TREES SAVE IF
POSSIBLE
_V
MICRON FII.TFR
DISCHARGF
PUMPS UTILIZED TO
MOVE `.HATER INTO —�
OTHER PORTION OF
POND.
ATWS---..__.--- --
PUMP
SILT FENCE (TYPICAL) --�
ID C
Tree Survey & Construction
RECF"ANGLE POND
CONSTRUCT EARTHEN
DA«M WITH EXISTING
SPOI!_ MATERIAL.—�
—
FLow
SAFETY FENCE INSTAI_l_ED
AROt ND DR#P LINF. T
I o
t
SII-.T FF_Ncr
PIPE SECTIONS WILL BE WELDED IN UPLAND AREAS ONLY, AFTER TRENCHING I5 COMPLETE AND
WATER IS PUMPED AROUIND, PIPE SECTION WILL BE LOWERED, IN WITH CGNCRETE BOLT ON
UlEIGHTS, AND TRENCH IMMEDIATELY BACKFILLED, DAM WILL BE REMOVED AND BANKS WILL BE
RESTORED BACK TO ORIGINAL CONDITION, A PLANT SURVEY WILL BE PROVIDED OF THE
DISTURBED AREA. A TOPOGRAPHY SURVEY WI[.L. BE PROVIDFD PRIOR TO CONSTRUCTION.
CONSTRUCT30N PROCEDURES:
1, FLAG WETUIND BOUNDARIES PRIOR TO CLEARING.
2, NO REFUELING OF MOBILE EQUIPMENT IS ALLOWED WITH?N 100 FEET OF WETLAND. PLACE NO
REFUELING" SIGN POSTS APPROXIMATELY 100 FEET BACK FROM WETLAND BOUNDARY, REFUEL
STATIONARY EQUIPMENT AS PER ENTERPRISE SPILL PREVENTION PROCEDURES.
3, INSTALL CEO FABRIC LINER, THEN TIMBER MATS/RIP—RAP THROUGH ENTIRE WETLAND AREA,
EQUIPMENT NECESSARY FOR RIGHT—OF-WAY CLEARING MAY MAKE ONE (1) PASS THROUGH THE
WETLAND BEFORE MATS ARE INSIALLED,
4, AVOID ADJACENT WETLANDS, INSTALL SEDIMENT BARRIERS (STRAW BALES AND/OR SILT FENCE) AT
DOWN SLOPF EDGE OF RIGHT—OF—WAY AND ALONG WETLAND EDGE AS REQUIRED,
5, TOPSOIL STRIPPING SHALL NOT BE REQUIRED IN SATURATED SOIL CONDITIONS,
6. LEAVE HARD PLUGS AT EDGE OF WETLAND UNTIL JUST PRIOR TO TRENCHING,
7. PIP' SECHON MAY HE :`ABRICAIED ON IHF UPIAND AND WALKED iN.
8. TRENCH THROUGH POND,
9. LOWER —IN PIPE, INSTALL TRENCH PLUGS AT WETLAND EDGES AS REQUIRED AND BACKFILL
IMMEDIATELY,
10, REMOVE TIMBER MATS AND RIP— RAP FROM WETLANDS UPON COMPLETION,
11. RESTORE GRADE TO NEAR PRE —CONSTRUCTION TOPOGRAPHY, REPLACE TOPSOIL AND INSIALL
PERMANENT EROSION CONTROL. SEEDING SHALL BE MAINTAINED UNTIL ESTABLISHED AND ACCEPTED
BY PACSD INSPECTION.
PACSD INSPECTION SEQUENCE:
1. PRE:—INSPFC:TION PHOTOS Will- BE TAKEN BY PACSD,
Z. PACSD INSPECTOR WILL dNSPECT THE POND CRQS'SING PRIOR TO AND DURING MAT AND DAM
INSTALLATION,
3. PACSD INSPECTOR WILL PERFORM INSPECTION ENSURING CEOTEC FABRIC IS PROPERLY INSTALLED
PRIOR TO MAT INSTALLATION.
4. PACSD INSPECTOR NItL PERFORM INSPECTION DURING MAT REMOVAL..
5, PACSD INSPECTOR WILL PERFORM RESTORAPON INSPECTION.
6, PACSD WILL PROVIDE A LIST OF APPROVED NATIVE SEED MIX,
7. EPCO WILL PROVIDE PACSD WITH PROCTOR TESTING, (90% STD PROCTOR)
DRAWN
GDf'
DATE
4/19/10
CHECKED
SC
DATE
4/45/10
APP'D CP (DATE 4/23/10
� SCALL I SHEET i- OF 2
DL� %9/t0. _.+.._UaESC.
REY DATE D
SS E FOR FERIAIT
IJCB NO, 1575
CLIENT: Entorpriso Toms PpoAno IlC
Enterprise Texas Pipeline LLC
GULFINiERS
ENGINEERING
HOUSTON, TEXAS
TBPE RN F-2830
MALLARD COVE
INSTALLATION SKETCH
DRAwtNG N0.
TX-TR-DET-MALLARD COVE POND
REY.
U
�� co
as 'icy \
�9 �s
nx \ Pc
� Foci\ x �cF\
ENERGY O
�� DISSIPATER � �
9�F\ ROCK SCOUR �9y
PROTECTION P \
Q
i9a`
TEMPORARY VEHICLE CROSSING`
RETAIN A 10 FT. \
VEGETATIVE BUFFER
TO THE EXTENT
POSSIBLE
\ 36" RCP
�o \
PIPELINE *\
TRENCH \
PACSD INSPECTION SEQUENCE: 9y, \
1. PRE -INSPECTION PHOTOS WILL BE TAKEN BY PACSD.
2, PACSD INSPECTOR WILL INSPECT THE CHANNEL PRIOR TO AND DURING
INSTALLATION OF THE MATS AND DAM, PLAN
3, PACSD INSPECTOR WILL PERFORM INSPECTION ENSURING AI T Q
GEOTEC FABRIC IS PROPERLY INSTALLED PRIOR TO MAT INSTALLATION. �V J
4. PACSD INSPECTOR WILL PERFORM INSPECTION DURING MAT REMOVAL,
5, PACSD INSPECTOR WILL PERFORM RESTORATION INSPECTION,
6. PACSD WILL PROVIDE A LIST OF APPROVED NATIVE SEED MIX,
7, EPCO WILL PROVIDE PACSD WITH PROCTOR TESTING. (90% STD PROCTOR)
FLUME LENGTH WILL
BE FIELD DETERMINED
`_FLOW
DRAWN VMG DATE 2/19/10
CHECKED SC DATE 4/Z3/10
APP'D Cp DATE 4/23/10
SCALE NOTED SHEET 1 OF 1
=V# I DATE I DESC.
0 5/6 /10 ISSUED FOR PERMIT
IJOB NO, 1375
CLIENT: Enterprise Texas Pipeline LLC
V
TEMPORARY
VEHICLE
ENERGY CROSSING WELL GRADED PIPELINE
DISSIPATER GRAVEL TRENCH
ROCK SCOUR -
PROTECTION
36' RCP FLUME UNDER, IF TRENCH SIDES BECOME \
TEMPORARY VEHICLE UNSTABLE AND COULD
CROSSING COLLAPSE. ALLOW TRENCH
TO REFILL WITH WATER AND
PLACE PIPE UNDERWATER
SECTION "AA"
N.T.S.
Enterprise Texas Pipeline LLC
I�jJ ENG NEERINGjAj�
HOUSTON, TEXAS
TBPE RN F-2830
SILT FENCE TO BE
CLOSED AT NIGHT OR
DURING RAINFALL
CONSTRUCT STABLE
-APPROACH ROAD
USING CLEAN ROCK,
OR COARSE GRAVEL
0 20 40
I I I
GRAPHIC SCALE
SPOIL
�—CONTAINMENT BERM
IN DITCH
SPOIL
4M CONSTRUCTED OF
CLEAN ROCKAND
WOVEN SANDBAGS
\ 1
KEY INTO BANK
\ IF NECESSARY
TO SEAL
DAM I `TOP OF BANK
/ STOP OF WATER
` FLOW
._
80TTOM OF DITCH
PROPOSED
PIPELINE
MALLARD COVE EXHIBIT C
ENTERPRISE TEXAS PIPELINE, LLC
TRINITY RIVER BASIN LATERAL
DRY FLUME DITCH CROSSING
DETAILS
DRAWING N0. 1 REV
TX-TR-MALLARD COVE EXHIBIT Pi 0
SCALE NOTED SHEET 1 OF 1
=V# I DATE I DESC.
0 5/6 /10 ISSUED FOR PERMIT
IJOB NO, 1375
CLIENT: Enterprise Texas Pipeline LLC
V
TEMPORARY
VEHICLE
ENERGY CROSSING WELL GRADED PIPELINE
DISSIPATER GRAVEL TRENCH
ROCK SCOUR -
PROTECTION
36' RCP FLUME UNDER, IF TRENCH SIDES BECOME \
TEMPORARY VEHICLE UNSTABLE AND COULD
CROSSING COLLAPSE. ALLOW TRENCH
TO REFILL WITH WATER AND
PLACE PIPE UNDERWATER
SECTION "AA"
N.T.S.
Enterprise Texas Pipeline LLC
I�jJ ENG NEERINGjAj�
HOUSTON, TEXAS
TBPE RN F-2830
SILT FENCE TO BE
CLOSED AT NIGHT OR
DURING RAINFALL
CONSTRUCT STABLE
-APPROACH ROAD
USING CLEAN ROCK,
OR COARSE GRAVEL
0 20 40
I I I
GRAPHIC SCALE
SPOIL
�—CONTAINMENT BERM
IN DITCH
SPOIL
4M CONSTRUCTED OF
CLEAN ROCKAND
WOVEN SANDBAGS
\ 1
KEY INTO BANK
\ IF NECESSARY
TO SEAL
DAM I `TOP OF BANK
/ STOP OF WATER
` FLOW
._
80TTOM OF DITCH
PROPOSED
PIPELINE
MALLARD COVE EXHIBIT C
ENTERPRISE TEXAS PIPELINE, LLC
TRINITY RIVER BASIN LATERAL
DRY FLUME DITCH CROSSING
DETAILS
DRAWING N0. 1 REV
TX-TR-MALLARD COVE EXHIBIT Pi 0
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 3/23/2010
DATE: Tuesday, March 23, 2010 REFERENCE NO.: L-14939
LOG NAME: 80MALLARD COVE PARK GAS PIPELINE III
SUBJECT:
Conduct a Public Hearing and Authorize the Use of a Portion of the Subsurface of Mallard Cove Park for
the Purpose of Installing a Thirty Inch Natural Gas Pipeline and Authorize the Execution of a License
Agreement with Enterprise Texas Pipeline, LLC, in the Amount of $107,814.80 (COUNCIL DISTRICT 4)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code, Chapter
26, Protection of Public Parks and Recreational Lands;
2. Find that no feasible or prudent alternative exists to the use of Mallard Cove Park for the location of the
proposed natural gas pipeline;
3. Find that the proposed natural gas pipeline includes all reasonable planning to minimize harm to the
parkland and including that the pipeline will be constructed in Mallard Cove Park as specified on the
attached exhibits and as noted in the discussion below;
4. Close the public hearing and authorize the City Manager to approve the use of approximately 0.369
acres of dedicated parkland of Mallard Cove Park for the installation of a thirty inch natural gas pipeline;
and
5. Authorize the execution of a License Agreement with Enterprise Texas Pipeline, LLC, in the amount of
. Mallard Cove Park -Located at 375 Shadow Grass Drive, Mapsco 66L, north o R�indol Mill Road,
northwest of Shadow Grass Drive, east of Trinity Court and south of the West ork of the Trinity
River, COUNCIL DISTRICT 4.
DISCUSSION:
The Parks and Community Services Department (PACSD) has been approached by Enterprise Texas
Pipeline, LLC, (ETP) to request the approval for the installation of a natural gas pipeline in Mallard Cove
Park (MCP). The natural gas pipeline will be transporting gas from Alliance Texas to northern portions of
Texas. The proposed alignment would allow fora 30 inch natural gas pipeline beneath Mallard Cove Park.
The proposed pipeline will parallel an existing 20 foot West Fork pipeline and Texas Midstream Gas
Services, LLC, (TMGS) license agreement area. In addition to the permanent pipeline license agreement
area ETP and TMGS are requesting a 20.44 foot by 434.16 foot temporary access easement totaling
8,874.23 square feet, for temporary ingress/egress during construction (see attached exhibit).
Logname: 80MALLARD COVE PARK GAS PIPELINE III Page 1 of 2
The location of the pipeline alignment was chosen because the location: 1) has already been encroached
upon; 2) is in an undeveloped portion of the park; and 3) the pipeline location takes into consideration the
Mallard Cove Park Master Plan. ETP has agreed to maintain a minimum depth of four feet, measured
from the top of the pipe. A combination boring and open trench will be used in installing the pipeline. ETP
and TMGS have agreed to install both this pipeline and the previously approved pipeline (M&C L-14529)
as one project in order to minimize the overall impacts to the park.
Staff is recommending as a condition of granting this alignment, that ETP be assessed the recommended
standard fee of $46.00 per linear foot of pipeline. This is consistent with fees assessed under the City's
current Right -of -Way Use Agreements for installation of non -utility equipment, appliances or
appurtenances in the public right-of-way. In this instance, a fee of approximately $107,814.80 will be
assessed for approximately 2,343.80 linear feet of pipeline.
ETP was made aware of this fee and is agreeable to this assessment. The funds generated from the
standard assessment will be distributed in accordance with the Gas Well Revenue Policy.
On January 27, 2009, the Parks and Community Services Advisory Board endorsed staff's
recommendation that the City Council authorize the use of parkland at MCP for the installation of a natural
gas pipeline upon finding that no feasible or prudent alternative exists for the location of the proposed
pipeline and that the proposed pipeline includes all reasonable planning to minimize harm to the parkland.
In accordance with State law, the public notice was advertised in the Fort Worth Star -Telegram on March
2, 2010, March 9, 2010, and March 16, 2010. An exhibit map was available for public review for 30 days at
the PACSD administrative offices located at 4200 South Freeway, Suite 2200.
A letter announcing the proposed use was sent to the president of the John T. White Neighborhood
Association of East Fort Worth on February 9, 2010. Signage was posted at the site noting the use and
providing instructions for directing comments to the Parks and Community Services Department. Staff will
note any public comment received during the public hearing Report of City Staff.
Mallard Cove Park is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that the Parks and Community Services
Department is responsible for the collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund/AccountlCenters FROM Fund/Account/Centers
C282 446300 801929990100 $107,814.80
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
Charles Daniels (6183)
Richard Zavala (5704)
David Creek (5744)
ATTACHMENTS
1. Accountina records M&C 80MALLARD COVE PARK GAS PIPELINE Ill.pdf
2. cg 2007 Mallard Cove park M and C map�df (Public)
3. MAYOR AND COUNCIL COMMUNICATION Survey.doc (Public)
4. MAYOR AND COUNCIL construction map 2.doc (Public)
5. MAYOR AND COUNCIL construction map.doc (Public)
(CFW Internal)
Logname: 80MALLARD COVE PARK GAS PIPELINE III
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