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HomeMy WebLinkAboutContract 41761 (2)CITY SECRETARY CONTRACT NO. llto La NATURAL GAS PIPELINE LICENSE AGREEMENT HARMON PARK This NATURAL GAS 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 Susan Alanis, its duly authorized Assistant City Manager, and TEXAS MIDSTREAM GAS SERVICES L.L.C. ("Company"), an Oklahoma limited liability company, acting by and through Greg Floerke, Area Manager. The following statements are true and correct and constitute the basis upon which the City of Fort Worth has executed Agreement. A. Company wishes to construct a Pipeline for an approximate total distance of 2,216.31 feet within a right of way corridor for the transportation of Gas through a public park known as Harmon 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 surface and subsurface of Harmon 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 Harmon 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 other directly related uses of the Park, pursuant to and in accordance with this Agreement. Natural Gas Pipeline License Agreement Harmon Park Page 1 of 27 .0�� "' ECORD TX-TARR-MEAP- 04....0 42:0 .11 042.04.01; 042 05.01; 04 = !1trat, Q trRETARY 042.07.01.01; 042.07.o> [Ft WORTH, TX Company shall mean Texas Midstream Gas Services, L L C., an Oklahoma 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 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 City of Fort Worth's 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 Harmon public park as identified in Fi,xhibit "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 joint venture, a business trust or any other form or business entity or association. Pipeline shall mean that certain twenty inch (20") nominal diameter pipeline for an approximate total distance of 2,216.31 feet and other facilities approved by the Director that are installed by Company in the Park in accordance with this Agreement and pursuant to the rules and regulations of the Railroad Commission of Texas. 2. GRANT 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 and (ii) transport Gas through the portions of its Pipeline in, under, and across the Park as depicted in Exhibit "A' . Company hereby acknowledges and agrees that this Agreement allows only the transportation of Gas through the Park and does not allow Company to distribute, sell or otherwise provide Gas to any Customer Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 2 of 27 042.07.01.01 042.07.02 2.2. Nonexclusive. This Agreement and all rights granted to Company herein are strictly nonexclusive. The City reserves the right to enter into and grant other and future licenses and other authorizations for use of the Park to other Persons and entities in accordance with applicable law and as the City deems appropriate; provided, however, that as to the grant of subsequent licenses for use of the Park that is solely within the discretion of the City, if a dispute arises as to 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 piiority of use of the Park, the first piiority 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 othei 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 othei 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 construction contract or construction project that will be performed by the contractor in the Park. 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 Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 3 of 27 042.07.01.01 042.07.02 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 on this Agreement 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 $_104,720.65 ("License Fee"). Company hereby acknowledges and agrees that the amount of this License Fee is non-refundable and constitutes just and reasonable compensation to the City for Company's use of the Park. 4.1.1 Company will provide to City a concrete parking lot, 276' by 180'. The construction of the parking lot is additional License Fee consideration. See 6.4.13. for construction terms and requnements 4.2. Other Payments. In addition to the License Fee, Company shall pay the City all sums which may be due 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. Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 4 of 27 042.07.01.01 042.07.02 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 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 THE PARK. 6.1 Construction Schedule 6.1.1. Pre -Construction Notice and Meeting Requirements Company shall notify the PACSD not less than five (5) days in advance of the proposed construction start date and shall meet with appropiiate City staff for the purposes of a Pipeline pre - construction meeting not less than three (3) days prior to initiating construction The pre - construction meeting shall include, but not be limited to, information regarding the restoration of areas disturbed. 6.1.2. Completion of Construction. Construction of Section A of the Pipeline shall be completed on or before June 10, 2011 and Section B of the Pipeline route shall be completed on or before August 19, 2011. Pipeline construction timelines shall include the restoration of the Park. Company shall provide ground cover approved by PACSD of all disturbed areas, which may include a combination of straw, seeding, sod or other materials._ The completion deadline will be extended; day for day, for each day Company's construction is delayed under Sections 6.1.3. Provided that all the infrastructure of the pipeline has been installed and that sod or grass has been placed prior to June 10, 2011, Company may ask for an extension for a maximum of fourteen calendar days for Section A of this agreement for grass establishment . . All compaction reports and inspections for soils shall be certified and approved pursuant to Section 6 4 5 and Section 6 4.6. All equipment will be removed from the Park with the exception of irrigation for watering the area and any temporary fencing for protection of the restoration areas. Failure to complete construction in accordance with the schedule described above shall be deemed an Event of Default and be subject to the terms stated above and in section 10.1 of this Agreement. 6.1.3. City Construction in Park. After the notice of commencement of construction as indicated in 6 1 1, the City shall notify Company not less than five (5) business days after its receipt of Company's notification of City plans to construct on the surface of Park that may conflict with Company's construction schedule In order to avoid any conflict with proposed construction by the City, its agents, licensee or invitees, Company agrees to delay its construction for a period not to exceed ten (10) business Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 5 of 27 042.07.01.01 042.07.02 days, and City agrees to coordinate the inclusion of Company's construction requirements in overlapping areas of need. 6.2. Compliance with Laws, Ordinances, Rules and Regulations. The City has the right to control and regulate the use of the Park, public places and other City -owned property and the spaces above and beneath them. Company shall comply with all applicable laws, ordinances, rules and regulations, including, but not 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 Parlc, 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 bui den. 6.4. Minimal Interference. Company will make all reasonable planning to minimize harm to the Park and shall comply with conditions as set forth below: 6.4.1. Construction and Necessary Repairs. The Pipeline will be constructed by open trench method or horizontal directional drilling method in the areas of the Park indicated on Exhibit ` B' . Company utility line locating will be conducted prior to the Pipeline installation. No other surface excavation shall be permitted on the Park except where specified for open trenching. No disturbance of trees shall be allowed along the areas identified to be protected. During the preconstruction meeting the Company shall do a test dig to locate the Park main electrical and water lines. Any damage to the Park electrical lines or water lines the Company shall immediately contact the PACSD to inspect damages and the Company shall hire, as may be necessary, a Master Electrician or a commercially qualified irrigation installed to do the work. Company shall provide to PACSD a copy of the Electrician Certification papers prior to start of work. The Company's contractor must be licensed and bonded and provide a warranty to all work performed on behalf of the Park The City retains the right, but not the obligation, to inspect and test all electrical and irrigation work done pursuant to this Section 6.4.1. Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 6 of 27 042.07.01.01 042.07.02 6.4.2. Tree Protection. Tree protection fencing where required shall be orange vinyl temporary fencing and shall be set at the drip line of the trees identified for protection Once the tree protection fencing is installed an inspection shall be scheduled with the PACSD to approve the location and installation. If any damages are found to have occurred during the installation of the fencing the PACSD may assess damages in accordance with Section 6 7 Trees to be removed during construction shall be identified at pre -construction meeting. 6.4.3 Open Trenches. 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 construction workspace. The orange vinyl fencing shall remain in place until such time the site is restored as provided in this Agreement and when such restoration made by the Company has been inspected and accepted by the Director. All boring occurring as indicated in Exhibit "B' shall be at a minimum of eight (8) feet. For all open trenches, for the Park, the pipe shall be buried a minimum of five (5) feet from 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. The Company shall provide to the City a sealed set of as -build drawings certifying the depth of pipe. 6.4.4. Work Areas. 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 6.1.1. Travel outside of the designated areas shall not be permitted. Any equipment to be stored in the work area must be approN ed by the Director or the Director's designee. 6.4.5. Tiench Compaction. Trenches shall be compacted to 90% Standard Proctor Density (S.S.T.M. D698). All construction techniques for excavation, with the exception for the allowance of double ditching, shall be done in accordance to the attached exhibit (B) (Section 2300 Earthwork) Copies of all density testing shall be provided to a PACSD agent. During initial construction, the trenching shall be performed by double -ditching, with the top twelve inches (12") of soil being 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 Pipeline, the company shall replace the soil from excavation back in the trench with the last 12 inches of top soil being replaced last, provided however if municipal solid waste ( `MSW') is encountered the last 12 inches shall be replaced with new soil The new topsoil shall be installed to the top of the ditch or existing grade. For areas that are disturbed by equipment within the temporary workspace where the surface is damaged due to equipment Company shall remove the first 4-6 inches of soil and replaced as described above, provided however if MSW is encountered Company shall replace the first 4-6 inches with new soil. This shall be for the area adjacent to fields or on fields. Company shall notify City as soon as practicable of any MSW encountered by Company The City shall have the right, but not the obligation to perform such inspection. Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 7 of 27 042.07.01.01 042.07.02 6.4.6. Soil Certification and Haul Off. In the event municipal solid waste ("MSW") is encountered during construction, Company will remove all such MSW in accordance with all federal, state and local laws, rules and regulations. Should new soil need to be installed, the Company will provide the PACSD a certificate from a supplier stating the soil type and certifying the soil is flee from all contaminants prior to installation. Company will call the PACSD to inspect that the Park was restored as outlined in this section. The City shall have the right, but not the obligation to perform an inspection of all backfilling and restoration work. Municipal solid waste (MSW) includes but is not limited to excessive moisture, decayed or undecayed vegetation, hardpan clay, heavy clay, clay balls, rubbish, construction rubble, sand or gravel, rocks greater than inch diameter, cementious matter or foreign matter of any kind. Ingress and Egress. Any access gates used by Company shall either remain locked at all times or, when opened for use by Company, be manned for security purposes. The fence associated with the soccer fields shall be relocated and structurally tied down every 24 feet. Should Company require any temporary access points within the existing fence, as determined during the preconstruction meeting, Company will install a permanent or temporary gate. Company temporary access and turn around needs shall be fenced. Once the area has been fenced Company shall notify the PACSD to inspect to fencing. Company shall not start construction until the PACSD inspects all fenced areas they have been approved. Company shall be required to provide protection of all surrounding trees prior to and during construction of any access drive to be utilized by Company for the Pipeline construction. Company is to maintain and restore the utilized access drives to as good as or better than existed before Company's construction activity. The width of the travel lane shall not exceed twenty (20) feet, as outlined on the attached Exhibit "B". 6.4.8. Equipment. The area defined as a temporary workspace for equipment, storage of pipe and as a route of ingress and egress for vehicles shall be approved at the pre -construction meeting as contemplated in Section 6.1.1 Equipment to be stored on the Park must be cleared in advance with the Director. 6.4.9. Equipment Travel. All equipment shall remain within the license area of the Park. Travel outside of such designated areas shall not be permitted. All access travel ways and easements shall be fenced in with orange vinyl fencing Fencing shall be established after the pre -construction meeting. Once the fencing is established the PACSD shall have the right, but not the obhgation to inspect all fencing installed. Such fencing shall remain in place at all times during the construction and restoration period. During construction should any damage from Company activity occur to the Park outside the License Area Company shall promptly notify the City for an inspection of damages. The PACSD shall determine method for repair and Company shall promptly restore the pioperty in as good o1 better condition prior to the construction. Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 8 of 27 042.07.01.01 042.07.02 6.4.10. Tracer Wire The Company shall have the right to lay tracer (tracking) wire on the Park to locate the Pipeline during construction. 6.4.11. Temporary Fencing. The fencing shall be installed along the perimeter boundaries of all bore pit areas, travel ways, temporary workspace and any storage areas. 6.4.12. Vegetation Requirements. Company will replant, reseed and water each area disturbed during construction as many times as necessary until a stand of grass is in place which is comparable to that which was originally in place, before the disturbance. The grass shall have an established root system which shall be approved and accepted by the Director of designee. Restoration of surface areas disturbed shall be seeded and maintained in accordance to the attached specifications in Exhibit "C"; Company shall stockpile any and all excavated soil from the Pipeline construction and shall place said soil in the areas to be reseeded. Importing of outside soil shall not be allowed. 6.4.13. Parking Lot Construction and Waiver of Permit Fees. The City will waive all permit fees associated with construction of the Pipeline with the exception of inspection fees. The parking lot shall be constructed between August 1, 2011 and September 1, 2011. The parking lot shall be constructed in accordance with plans provided by Company as prepared by a licensed engineer. 6.5. Emergency Procedures. 6.5.1. For purposes of this Section, 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 this Agreement, 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. Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 9 of 27 042.07.01.01 042.07.02 6.5.2. The Company shall maintain written emergency response plans pursuant to 49 C.F.R. § 192.615. 6.5.3. 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 foi and obtain any applicable federal, state and local permits, as may be adopted and amended from time to time for the emergency work and otherwise fully comply with the requirements of this Agreement. 6.6. Surface Repairs Due to Company Activity. 6.6.1 Upon completion of installation of the Pipeline, 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 pioperty 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 as or better a condition as such property was in immediately prior to the disturbance of damage. Unless otherwise specified in this Agreement or by the City, Company shall diligently commence such restoration within thirty (30) calendar days following the date Company first became aware of the disturbance or damage or, if the Pipeline is being removed, within thirty (30) calendar days following such removal. All materials for restoration of the Park shall be inspected and approved by the Director or designee prior to placement. Such soil and grass shall have all supporting documentation certifying the quality meets or exceeds specifications required pursuant to the specifications attached in Exhibit "C". All such planting material shall be inspected by the Directoi or designee prior to installation. Company will water each disturbed area as many times as necessary until a stand of grass comparable to that which was originally in place before the disturbance. Surface areas to be restored shall be determined by the Director or designee In the event of a spill, Company shall immediately notify the City and coordinate with the Director or designee the removal of any and all contaminated soil from the property in accordance with all applicable state and federal laws. 6.6.2. In addition to any liability for damages as specified in Section 7 of this Agreement, if construction of the Pipeline is not mechanically complete pursuant to the tennis of this Agreement and such activity is the cause of City s lost revenue, Company shall reimburse the City for lost revenues at a rate of $636.00 per day as liquidated damages. City and Company agree the fee for liquidated damages is a fair and equitable attempt to quantify the average daily revenue generated from the contemplated soccer events to be held on the Park during Company's construction of the Pipeline 6.7. Damage to Trees During Construction, Maintenance or Repair. Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 10 of 27 042.07.01.01 042.07.02 In the event of any damage to trees not identified on the attached exhibit (5) removed during the construction, maintenance or repair of the Pipeline and parking lot Company actions are subject to the following: 6.7.1 The City Forester shall have the right to inspect any trees located on the Park for damage by Company and if applicable may inspect trees for slight, moderate or severe damage as described below. 6.7.1.1. 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 %" to 2" in width but less than 1/3 trunk circumference or breaking of limbs less than 2" in diameter or limbs less than 1/3 trunk caliper whichever is less. Slight damage to tree(s) shall be assessed at a rate of: $100.00 for each instance of slight damage to tree(s). 6.7.1.2. Moderate Damage Moderate damage shall be defined as damage, in the opinion of the City Forester, that contributes to the pool health and reduced longevity of the tiee, examples include but are not limited to scaring of the trunk into the cambial layer greater than 2" but less than 1/3 the trunk circumference or breaking of limbs more than 2" in diameter but less than 1/3 trunk caliper. Moderate damages shall be calculated at a rate of 1/2 the assessed value of the tree for trees over 20 inches in caliper per each instance of damage. 6.7.1.3. Severe Damage: Severe damage shall be defined as damage, in the opinion of the City Forester, that shall include but is not limited to scaring of the trunk to the cambial layer greater than 1/3 the trunk circumference uprooting or causing a tree to lean, damage to a scaffolding branch or branch greater than 1/3 of trunk caliper or removal of a tree. Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back to according to ANSI standards. Trees caliper shall be measured according to accepted industry standards. Trees greater than 6 ' in caliper shall be measured using diameter at breast height (DBH). Severe damage or removal of trees is subject to a penalty of $200.00 per diameter inch of trees removed or damaged for trees less than 30" in caliper, $400.00 per diameter inch of trees 30" caliper or greater. However, in no event shall Company be obligated to pay more than the appraised value of the severely damaged tree. . 6.7.2. Company shall make payment for any such damages and must plant replacement trees for severely damaged trees at a location to be determined by the PACSD. Replacement shall be made on caliper inch per caliper mch basis with a minimum size of replacement tree of 2" in caliper. Company shall be responsible for the Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 11 of 27 042.07.01.01 042.07.02 planting watering, mulching and maintenance of replacement trees for a period of not less than 2 years Any tree that does not survive the 2-year establishment period shall be compensated for by the contractor to the Parks Department at a rate of $200 per caliper inch 6.7.3. Damages assessed by PACSD, for trees removed shall be in lieu of the fine and payment obligations in the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance. 6.8. "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. 6.9. 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. The Pipeline shall not exceed a nominal diameter of twenty (20") inches and a right of way width of no more than twenty (20') feet throughout the entire length of the Park. 6.10. 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. 6.11. 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 bleach or damage the surface of the Park except as permitted under the terms of this Agreement. Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 12 of 27 042.07.01.01 042.07.02 6.12. Relocation of Pipeline. Within forty-five (45) calendar days following a written request by the City, Company, at Company's sole cost and expense, shall protect, support, disconnect or relocate to another portion of the Park all or any portion of its Pipeline due to street or other public excavation, construction, repair, grading, re -grading or traffic conditions; the 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. 6.13. 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 cap and leave the Pipeline in place in accordance with applicable laws and regulations. If Company has not capped the Pipeline 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 Pipeline; 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 10 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, m 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. Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 13 of 27 042.07.01.01 042.07.02 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, 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 PIPELINE, 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, AGENTS, EMPLOYEES AND VOLUNTEERS ("INDEMNITEES'), FROM AND AGAINST ANY AND ALL DAMAGES, INCLUDING LOST REVENUES, 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; (HI) ANY CLAIM OR LIEN ARISING OUT OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS; OR (IV) COMPANYS 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. Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 14 of 27 042.07.01.01 042.07.02 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 ON COMPANY HAS BEEN FULLY ADVISED OF ITS OWN RIGHTS WITHOUT RELIANCE UPON ANY REPRESENTATION MADE BY THE CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, COMMISSIONS, BOARDS OR VOLUNTEERS. 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 COMPANY, AT 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 CAUSED BY THE CITY. 7.4. Defense of Indemnitees. In the event any action, lawsuit or other proceeding is brought against any Indemnrtee 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. Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 15 of 27 042.07.01.01 042.07.02 8. INSURANCE. Company shall procure and maintain at all times, in full force and effect, a policy or policies of insurance to provide coverage as specified herein, naming the City as an additional insured and covering all public risks related to the use, occupancy, condition, maintenance, existence or location of the Park and the construction, installation, operation, maintenance or condition of the Pipeline, including the transportation of Gas through the Pipeline. The required insurance can be met by a combination of self-insurance, primary and excess policies. 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 recommendation 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. Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 16 of 27 042.07.01.01 042.07.02 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. 8.4. Deductibles. Deductible or self -insured retention limits on any line of coverage required herein shall not exceed $1,000,000 in the annual aggregate unless the limit per occurrence or per line of coverage, 01 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; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 17 of 27 042.07.01.01 042.07.02 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 pioperty 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. 9.4. Violations of the Law. An Fivent of Default shall occur if Company violates any existing or future federal, state, or local laws, ordinances, rules and regulations of the City. 9.5 Failure to Complete Construction. An Event of Default shall occur if Company fails to complete construction of the Pipeline in accordance with section 6.1.2. 10. UNCURED DEFAULTS AND REMEDIES. 10.1. Notice of Default and Opportunity 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 terminate this Agreement immediately upon provision of written notice to Company. If an h;vent 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 cuie 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 cuied 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 occurrence of an Uncured Default the City shall be entitled to exercise, at the same time or at different times, any of the following remedies all of which shall be cumulative of and without limitation to any other rights or remedies the City may have: Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 18 of 27 042.07.01.01 042.07.02 10.2.1. Termination of Agreement. Upon the occurrence of an Uncured Default, the City may terminate this Agreement. Upon such termination, Company shall forfeit all rights granted to it under this Agreement and, except as to Company's 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 m accordance with this Agreement; provided, however, that Company may not abandon the Pipeline without the approval of the Commission or successor agency or othei 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 o1 related to its transportation of Gas through or othei 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 othei 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. Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 19 of 27 042.07.01.01 042.07.02 11.2. Lawsuits. Company shall provide the City with copies of all pleadings in all lawsuits to which Company is a party and that pertain to the granting of this Agreement and/or the transportation of Gas through the City within thirty (30) days of Company's receipt of same. 12. COMPANY AS INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Company shall operate as an independent contractor as to all rights and privileges granted by this Agreement, and not as an agent, representative or employee of the City. Company shall have the exclusive 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 1 espondeat superior shall not apply as between the 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 this 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 assignment, 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 hable 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: Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 20 of 27 042.07.01.01 042.07.02 To THE CITY: City of Fort Worth Parks and Community Services Director 1000 Throckmorton Fort Worth, TX 76102 with a copy to: City of Fort Worth Department of Law Attn Attorney for PACSD 1000 1'hrockmorton Fort Worth, TX 76102 15. NON-DISCRIMINATION COVENANT. To COMPANY: Texas Midstream Gas Services, L L C Mr. Dave Johns Manager, Property Rights 100 Energy Way Fort Worth, Texas 76102 with a copy to: Texas Midstream Gas Services, L L C. C T Corporation System 350 North St. Paul Street, Suite 2900 Dallas, TX 75201 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 term 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 the Palk, venue for such action shall lie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 21 of 27 042.07.01.01 042.07.02 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 the 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. 20. FORCE MAJEURE. 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, Company's non-performance shall be deemed excused for the period of such inability. Causes or events that are not within the Company's control shall include, but not be limited to, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions and natural disasters. 21. HEADINGS NOT CONTROLLING. Headings 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. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Company as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Agreement This Agreement shall not be amended unless agreed to in writing by both parties and approved by the City Council of the City. Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 22 of 27 042.07.01.01 042.07.02 EXECUTED as of the later date below: CITY OF FORT WORTH: By: 00AMAA By: , . ..41/4 A •tiA/C.c Su an Tanis Greg Fla%rke, As 'taint City Manager Area Manager Date: TEXAS MIDSTREAM GAS SERVICES, L.L.C. Date: 5 / s / % � APPROVED AS TO FORM AND LEGALITY: By: A\ NO4,17 Assistant City Attorney M&c: L-4110� Attested by: Marty Hendrix, C' Secre Natural Gas Pipeline License Agreement Harmon Park - Page 23 of 27 finir Oa, p 0O .1 FishY 343% 834 ) Or o 0/4'J 4��iti000040;As, pFFIC1Al. RECORD CITY SECRETARY Ft WORTH, TX TX-TARR- 2.02.01; 042.03.01; 042.07.01.01; 042.07.02 ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this 1 day of Maxi , 2011, by Susan Alanis, Assistant City Manager of the City of Fort Worth, Texas, a municipal corporation, on behalf of the City of Fort Worth, Texas. . yr/4+4J:J•!r,Jt< a5a_ 3a 1. i.4 lea .a.:lIJ.J- ! Wit JY • { • •:1'_.. • 10 g y J r�v • C' LI NDA M. MALINGER MY COMMISSION EXPIRES February 2, 2014 t .• d 1. J, . �t OD • uttoLL m ;IN/ otaiy Public, State of Texas My commission expires: Rio a, a-nkH My commission number: /?fl I4LflV ACKNOWLEDGMENT THE STATE OF OKLAHOMA COUNTY OF OKLAHOMA This instrument was acknowledged before me on this day of 2011, by Greg Floerke, Area Manager for Texas Midstream Gas Services, L.L.C. an Oklahoma limited liability company, on behalf of said company. • NOTARY 1 PUBLIC S4os-I State of Oklahoma ANGELA HENRY Comm. #09002126 Exp.Mar. 04, 2013 Natural Gas Pipeline License Agreement Harmon Park - Page 24 of 27 044 State of Oklahoma My commission expires: My commission number: 0900 2-1 TX-TARR-MEAP- 042.02.01; 042.03.01; 042.07.01.01; 042.07.02 EXHIBIT "A" PLATTED LEGAL DESCRIPTION Company may only use approximately 2, 21 &• 3I linear feet crossing the Park as depicted below: Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 25 of 27 042.07.01.01 042.07.02 ONCOR ELECTRIC DELIVERY CO LLC VOL 3339 PG 661 (IR I6A1) EXHIBIT CITIES OF DALLAS & FORT WORTH TRACT 1X-TARR-MEAP-042.01 VOL 7726 PG 1848 (7R 26) TY OF FORT WORTH TRACT TX--TARR-MEAP-042.02.01 VOL 2458 PG 84 (7R 16A) CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.02.01 VOL 2458 PG 84 (7R 1sA) FORT Ml7RTH POWER & UGHT PARCEL 10 VOL1108PG125 TARRANT COUNTY WATER at CONTROL & IMPROVEMENT DISTRICT NO. 1 VOL 2182 PG 87 TRACT NO. 9 (7R 3) CITY OF' FORT WORTH TRACT TX-TARR-MEAP-042.03.01 VOL 2473 PG 192 (IR 17) TARRANT COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 1 VOL 2196 PG 209 (7R 3) CITY OF FORT WORTH TRACT TX-TARRMEW-042.03.01 VOL 2473 PG 192 (7R 17) BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROXIMATE ABSTRACT LINE V: \52871\ACTIVE\187107355\DRAWING\2852AEAP\EXHIBITS\07355V_285-EXHIBIT-042.02.01.DWG TEXAS MIDSTREAM GAS SERVICES DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY TX 76117 Tel 817-744-7927 Fax 817-744-7929 www.downtown—desion.com 5 02/28/11 JOH TF REVISED LICENSE AREA WIDTH 4 02/25/11 JSS TF I REVISED WORKSPACES 3 102/15/11I .MIA TF I REVISED LICENSE AREA 2 I12/14/I0ISJTIJI TF I REVISED WORKSPACE 108/17/101 JSS I TF I REVISED WORKSPACES REV. I DATE I BY I APP.I DESCRIPTION PROPOSED PIPELINE CROSSING TRACT TX-TARR-MEAP-042.02.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS MERCADO TO ARC PARK DRAWN BY CHECKED BY PROJECT ENGINEER SEC110N HEAD APPROVED RY JSS 01/12/10 PEN 01/13/10 SCALE: 1' = 200' 0 100' 200' SHEET 1 OF 7 QWi POINT OF BEGINNING N78'08'17"E 20.01' N1323'49"W 139.71' TEMPORARY WORKSPACE #1 N76'37'09"E 128.91' 20' LICENSE AREA 10,412 SF 0.239 AC (0 0 n 0 4 wcr z FOUND 3/4" IRON ROD/ (CM) NO9'27104"W=__--rm 81.07' EXHIBIT N78'08'17"E 74.18' (CM) REFS FOUND ALUMINUM CAP S13'23'49"E 159.18' —1 TEMPORARY WORKSPACE #2 DABS & FORT p42 V GIlRACTFIX—TARE ME g4B iR .01 VOI 77 UR 26) ENCE BEARING 1478 pg 17 E CITY OF FORT WORTH TRACT 7X—TARR—MEAP-042.02.01 VOL 2458 PG 84 I 376'37'09"W (TR 1sA) 134.33' ADDITIONAL WORKSPACE #1 SO9'27'04"E 70.88' S59'21'21"W 21.45' FOUND 3/4" IRON ROD (CM) CITY OF FORT WORTH TRACT TX— TARR—MEAP— 042.02.01 VOL 2458 PG 84- (TR 16A) 4 �O*se J CITY OF FORT WORTH TRACT TX— TARR—MEAP-042.03.01 VOL 2473 PG 192 (TR 17) (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROXIMATE ABSTRACT UNE COMBINED SCALE V: \52871 \ACTIVEV 87107355\DRAWING\285J.1EAP\EXHIBITS\07355V. 285—EXHIBIT-042.02.01.DWG LICENSE AREA TABLE CENTERLINE LENGTH 520.59' 31.55 RDS LICENSE AREA 10,412 SF 0.239 AC TEMP. WORKSPACE 20,479 SF 0.470 AC ADD'L WORKSPACE 15,592 SF 0.358 AC C Of' DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel: 817 744-7927 Fax: 817-744-7929 www.downtown—desian.com 5 4 3 2 1 REV. 02/28/11( JDM 02/25/111 JSS 02/15/11I JIdM 12/14/10IS711 08/17/101 JSS DATE I BY TF 1F TF TF TF APP. REVISED LICENSE AREA WMDTHI REVISED WORKSPACES REVISED LICENSE AREA REVISED WORKSPACE REVISED WORKSPACES DESCRIPTION DRAWN BY CHEBYCKED I PRGINEEOJECRT ( EN SECTION I HEAD IAPPROVEDI RY i FORT WORTH POWER & LIGHT PARCEL 10 VOL 1108 PG 125 FACTOR: 1.0001391 TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX— TARR—MEAP-042.02.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS LICENSE AREA MERCADO TO ARC PARK o1/tz/m I SCALE: 1' = 100' 01/13/10 I 0 50' 100' JSS PEM I I� I I SHEET 2 OF 7 EXHIBIT PROPERTY DESCRIPTION OF LJCENSE AREA A 20-FOOT LICENSE AREA ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 2458 AT PAGE 84 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF SAID PARCEL FROM WHICH THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN VOLUME 3339 AT PAGE 661 OF THE TARRANT COUNTY RECORDS MONUMENTED BY A FOUND ALUMINUM CAP BEARS N78'08'17'E 74.18 FEET; THENCE S1323'49"E 159.18 FEET; THENCE S76'37'09"W 134.33 FEET; THENCE PARALLEL WITH AND 20.00 FEET EASTERLY FROM THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35W AS SHOWN ON STATE PROJECT NUMBER I35W-5(5)425 THE FOLLOWING TWO (2) COURSES; 1. S0424'06"W 155.04 FEET; 2. THENCE S0927'04"E 70.88 FEET TO THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 2458 AT PAGE 84; THENCE ALONG SAID SOUTHERLY BOUNDARY S59'21'21"W 21.45 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES; 1. THENCE N09'27'04"W 81.07 FEET TO A FOUND 3/4" IRON ROD; 2. THENCE N04'24'06"E 172.06 FEET; THENCE N7617'09"E 128.91 FEET; THENCE N13'23'49"W 139.71 FEET TO THE NORTHERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID NORTHERLY BOUNDARY N78'08'17"E 20.01 FEET TO THE POINT BEGINNING; CONTAINING 10,412 SQUARE FEET OR 0.239 ACRES. (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROXIMATE ABSTRACT LINE V: \52871 \ACTIVE\187107355\DRAWING\285J4EAP\EXHIBITS\07355V-285-EXHIBIT-042.02.01.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION OCf f DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY TX 76117 Tel 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com 5 02/28/11 JEW IF 4 02/25/11 JSS TF 3 02/15/11 JAM TF 2 12/14/10ISJ1M ff 1 08/17/10IJSS 7F REVISED LICENSE AREA W1D1H REVISED WORKSPACES REVISED LICENSE AREA REVISED WORKSPACE REVISED WORKSPACES REV. DATE I BY APP. DESCRIPTION DRAWN BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED Ay PROPOSED PIPELINE GROSSING TRACT TX-TARR-MEAP-042.02.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS DESCRIPTION MERCADO TO ARC PARK JSS 01/12/10 SCALE: 1. =N/A PEH Ot/I3/1O SHEET 3 OF 7 POINT OF BEGINNING TEMPORARY WORKSPACE #1 4,714 SF 0.108 AC in 20' LICENSE c7 AREA W 1-> F� co F z FOUND 3/4" IRON ROD (CM) r 1 1 1 1 I N36'39'16"E 122.78' FOUND 3/4" IRON ROD (CM) EXHIBIT pALLAS & FOpT042 oM C1(tEAO�F.TAR6 PGE1848 VOL 77OR 26) FOUND ALUMINUM CAP (CM) N29'50'25"E 108.25' POINT OF BEGINNING CITY OF FORT WORTH TRACT TX-TARR-MEAP-04202.01 VOL 2458 PG 84 (1R 16A) ADDITIONAL WORKSPACE #1 CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.02.01 VOL 2458 PG 84 (7R 16A) 4 oto *se dtsie � J t FORT WORTH POWER & LIGHT PARCEL 10 VOL 1108 PG 125 CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.03.01 VOL 2473 PG 192 OR 17) LINE TABLE LINE BEARING 1 S1323'49"E 2 S76'38'09"W 3 N1324'19"W 4 N76'36'39"E 5 N76'36'18"E 6 S1323'42"E 7 N1325'54"W 8 N76'37'09"E 9 N13'23'49"W DISTANCE 58.35' 80.82' 58.31' 80.83' 94.88' 120.00' 41.70' 105.07' 78.33' (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.0001391 V; \52871 \ACTIVE \187107355\DRAWING\285J.1EAP\EXHIBITS\07355V. 285-EXHIBIT-042.02.01.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION oof l DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE SUITE F HALTOM CITY, TX 76117 Tel 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com 5 4 3 2 1 REV. 02/28/11 JDM 02/25/11 JSS 02/15/111 MM 12/14/101SJTM 08/17/101 JSS DATE I BY REVISED LICENSE AREA WIDTH REVISED WORKSPACES REVISED LICENSE AREA REVISED WORKSPACE REVISED WORKSPACES APP. DESCRIPTION PROPOSED PIPELINE CROSSING TRACT TX-TARR-MEAP-042.02.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY WORKSPACE MERCADO TO ARC PARK DRAWN BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED RY JSS 01/12/10 SCALE: r =100' PEM 01/13/10 0 50' 100' 1 SHEET 4 OF 7 EXHIBIT DESCRIPTION OF TEMPORARY WORKSPACE #1 A TEMPORARY WORKSPACE ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 2458 AT PAGE 84 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING IN SAID PARCEL FROM WHICH THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN VOLUME 3339 AT PAGE 661 OF THE TARRANT COUNTY RECORDS MONUMENTED BY A FOUND ALUMINUM CAP BEARS N36'39'16"E 122.78 FEET; THENCE S13'23'49"E 58.35 FEET; THENCE S76'38'09"W 80.82 FEET; THENCE N1324'19"W 58.31 FEET; THENCE N7616'39"E 80.83 FEET TO THE POINT BEGINNING; CONTAINING 4,714 SQUARE FEET OR 0.108 ACRES. DESCRIPTION OF TEMPORARY WORKSPACE #2 A TEMPORARY WORKSPACE ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 2458 AT PAGE 84 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING IN SAID PARCEL FROM WHICH THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN VOLUME 3339 AT PAGE 661 OF THE TARRANT COUNTY RECORDS MONUMENTED BY A FOUND ALUMINUM CAP BEARS N29'50'25"E 108.25 FEET; THENCE N76'36'18"E 94.88 FEET; THENCE S1323'42"E 120.00 FEET; THENCE S76'36'18"W 199.92 FEET; THENCE N1325'54"W 41.70 FEET; THENCE N76'37'09"E 105.07 FEET; THENCE N1323'49"W 78.33 FEET TO THE POINT BEGINNING; CONTAINING 15,765 SQUARE FEET OR 0.362 ACRES. BASIS OF BEARING BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT UNE V: \52871 \ACTIVE\187107355\DRAWING\285JAEAP\EXHIBITS\07355V.285—EXHIBIT-042.02.01.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY TX 76117 Tel 817-74 —7927 Fax: 817-74 —7929 www.downtown—desian.com 5 02/28/11 MIA TF 4 02/25/11 JSS TF 3 IO2/15/11 JAIM TF 2 I12/14/10 SJDA TV 1 I08/17/10 JSS TF I REV. I DATE BY APP.I REVISED LICENSE AREA WIDTH REVISED WORKSPACES REVISED LICENSE AREA REVISED WORKSPACE REVISED WORKSPACES DESCRIPTION DRAWN BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED RY PROPOSED PIPELINE CROSSING TRACT TX-TARR-MEAP-042.02.01 CITY OF FORT WORTH COUNTY OF' TARRANT, STATE OF TEXAS TEMPORARY DESCRIPTION MERCADO TO ARC PARK JSS 01/12/10 SCALE: 1' =N/A PELI 01/13/10 SHEET 5 OF 7 TEMPORARY WORKSPACE #1 20' LICENSE AREA 0 to FOUND 3/4" z IRON ROD (CM) N0927'04"W 70.88' EXHIBIT CITIEAOF DALIAS & FORT WORTH CT .6E1PT4 VOL.772PG848 (1R 26) FOUND ALUMINUM CAP BPS S OF 8 (CM) \ \ Iv/ \ \ v97 A\ TEMPORARY \ WORKSPACE \ \ #2 _ POINT OF f BEGINNING \ FOUND 3/4" IRON ROD (CM) A CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.02.01 VOL 2458 PG 84 S02'57'09"W (TR 16A) "c96.85' SO9'48'30"E 45.79' S1328'36"E 9.33' ADDITIONAL WORKSPACE #1 15,592 SF 0.358 AC S59'21'21"W 96.68' LINE 10 11 12 E CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.02.01 VOL 2458 PG 84 (TR 16A) LINE TABLE BEARING N76'37'09"E 513'25'54"E N7616'18"E FORT WORTH POWER & LIGHT PARCEL 10 VOL 1108 PG 125 DISTANCE 29.26' 41.70' 40.89' (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROXIMATE ABSTRACT UNE COMBINED SCALE FACTOR: 1.0001391 V: \52871\ACTIVE\187107355\DRAWING\285J.IEAP\EXHIBITS\07355V-285-EXHIBIT-042.02.01.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION COf j DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com 5 4 3 2 1 REV. 02/28/11 JDM TF REVISED LICENSE AREA WIDTH 02/25/11 JSS 02/15/11 AIM 12/14/10 SJTM 08/17/10 JSS REVISED WORKSPACES REVISED LICENSE AREA REVISED WORKSPACE REVISED WORKSPACES DATE BY APP. ) DESCRIPTION DRAWN BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED RY PROPOSED PIPELINE CROSSING TRACT TX-TARR-MEAP-042.02.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS ADDITIONAL WORKSPACE MERCADO TO ARC PARK JSS 01/12/10 REM 01/13/10 SCALE: 1' =100' 0 50' 100' SHEET 6 OF 7 EXHIBIT DESCRIPTION OF ADDITIONAL WORKSPACE AN ADDITIONAL WORKSPACE ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 2458 AT PAGE 84 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING IN SAID PARCEL FROM WHICH THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN VOLUME 3339 AT PAGE 661 OF THE TARRANT COUNTY RECORDS MONUMENTED BY A FOUND ALUMINUM CAP BEARS N21'25'19"E 242.23 FEET; THENCE S0757'09"W 96.85 FEET; THENCE S09'48'30"E 45.79 FEET; THENCE S13'28'36"E 9.33 FEET TO THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 2458 AT PAGE 84; THENCE ALONG SAID SOUTHERLY BOUNDARY S5921'21"W 96.68 FEET; THENCE PARALLEL WITH AND 20.00 FEET EASTERLY FROM THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35W AS SHOWN ON STATE PROJECT NUMBER I35W-5(5)425 THE FOLLOWING TWO (2) COURSES; 1. N0927'04"W 70.88 FEET; 2. THENCE N04'24'06"E 155.04 FEET; THENCE N7617'09"E 29.26 FEET; THENCE S1325'54"E 41.70 FEET; THENCE N76'36'18"E 40.89 FEET TO THE POINT OF BEGINNING; CONTAINING 15,592 SQUARE FEET OR 0.358 ACRES. BASIS OF' BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. DATE OF SURVEY: 02/26/09-08/06/10 (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROXIMATE ABSTRACT UNE TODD FINCHER R.P.LS. NO. 5633 DATE OF SIGNATURE: 02/28/11 V: \52871\ ACTIVE \187107355\DRAWING\285_MEAP\EXHIBITS\07355V_285-EXHIBIT-042.02.01.DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com 5 102/28/111 A M TF REVISED LICENSE AREA WIDTH 4 102/25/111 JSS TF I REVISED WORKSPACES 3 IO2/15/111 JMIA TF I REVISED LICENSE AREA 2 j12/14/10ISJ11AI TF I REVISED WORKSPACE 1 108/17/10I JSS I TF I REVISED WORKSPACES REV. I DATE I BY I APR.I DESCRIPTION TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPEUNE CROSSING TRACT TX-TARR-MEAP-042.02.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS ADDITIONAL DESCRIPTION MERCADO TO ARC PARK DRAWN BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED RV JSS 01/12/10 PEN 01/13/10 SCALE: 1' =N/A SHEET 7 OF 7 EXHIBIT I gfI OF DALL `R M TO O‘ foRM G ACtVa- pG 18h8 CNCOR ELECTRIC DELIVERY CO LLC VOL 3339 PG 661 (TR 1641) CITY OF FORT WORTH TRACT 1X-TARR-MEAP-042.02.01 VOL 2458 PG 84 (TR 15.4) TARRANT COUNTY WATER CONTROL & IMPROVEMENT DISTRICT NO. 1 VOL 2182 PAGE 87 TR. 9 (7R 3) an OF FOR 0 02 01 TRACT (X 2456 6PG g4 CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.03.01 VOL 2473 PG 195 (TR 17) FORT WORTH POHER & UGHT PARCEL 10 VOL 1108 PG 125 CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.04.01 VOL 2458 PG 75 TRACTS 2 AND 3 (7R 18) BLK 4 BLK 5 EAST ADDITION \ VOL 106 PG 98 (SUED/ 10530) 4 o Pr et J BLK 8 CITY OF FORT WORTH TRACT TX-TARR-AEAP-04203.01 VOL 2473 PG 192 OR 17) BLK 7 BLK 8 ONCOR ELECTRIC DELIVERY CO LLC TRACT B VOL 3339 PG 661 (TRS 17H, 28, 12, 22B) BASIS OF BEARING BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROXIMATE ABSTRACT UNE V: \52871\ ACTIVE \187107355\DRAWING\285JAEAP\EXHIBITS\07355V_285-EXHIBIT-042.03.01.DWG TEXAS MIDSTREAM GAS SERVICES CC f j DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com 6 5 4 3 2 1 REV. 03/03/11I JSS 02/28/111 AIM 02/25/11I SJTMI 02/15/11ISJTMI 01/12/111 JSS I 12/14/10ISJ1MI DATE I BY I APP. I TF TF TF TF TF TV REVISED WORKSPACE REVISED UCENSE AREA REMSED WORKSPACES REVISED LICENSE AREA REMSED DEED NUMBER 'REVISED ADDITIONAL WORKSPACE DESCRIPTION PROPOSED PIPELINE CROSSING TRACT TX-TARR-MEAP-042 03.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS MERCADO TO ARC PARK DRAWN BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED AY JSS 01/12/10 SCALE: 1' = 200' PEM 01/13/10 0 100' 200' SHEET 1 OF 5 i I d FOUND 3/4" IRON ROD r (CM) CO z -! mt• • e m 4 in a to 73Nrn z0t,, FOUND 3/4" IRON ROD (CM) 20' LICENSE AREA 10,829 SF 0.249 AC INTERSTATE HWY 35W (ROW VARIES) EXHIBIT CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.02.01 VOL 2458 PG 84 OR 16A) POINT OF BEGINNING N59'21'21"E 21.45' 0 ca 0 La co S59'21'21"W 20.72' ADDITIONAL WORKSPACE 26,343 SF 0.605 AC CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.03.01 VOL 2473 PG 195 OR 17) TEMPORARY WORKSPACE 10,783 SF 0.248 AC FORT WORTH POWER & LIGHT PARCEL 10 VOL 1108 PG 125 BLOCK 5 EAST ADDITION VOL 106 PG 98 (SUED{ 10530) CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.04.01 VOL 2458 PG 75 TRACTS 2 AND 3 OR 1a) BLOCK 4 EAST ADDITION VOL 106 PG 98 (SUBD/ 10530) (CM) CONTROL MONUMENT (ASSESSORS DATA) APPRO)OMATE ABSTRACT UNE COMBINED SCALE FACTOR: 1.0001391 V: 152871\ACTIVE\187107355\DRAVANG\2853AEAP\EXHIBITS\07355V_285-EXHIBIT-042.03.01.DWG LICENSE AREA TABLE CENTERLINE LENGTH 541.43 FT 32.81 RDS LICENSE AREA 10,829 SF 0.249 AC TEMP. WORKSPACE 10,783 SF 0.248 AC ADD'L WORKSPACE 26,343 SF 0.605 AC CCf' DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel 817-744-7927 Fax 817-744-7929 www.downtown—desian.com 6 5 4 3 2 1 REV. 03/03/11 JSS 1F 02/28/11 AIM 1F 02/25/11ISJTMI TF 02/15/11ISJTMI TF I Ot/12/11I JSS I IF I REVISED WORKSPACE REVISED UCENSE AREA REMSED WORKSPACES REVISED LICENSE AREA REMSED DEED NUMBER DRAWN BY CHECKED BY PROJECT ENGINEER 12/14/10ISJ1MI TF I REMSED ADDITIONAL WORKSPACE HEAD DATE I BY I APP.I DESCRIPTION APPROVED RY TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX—TARR—MEAP-042.03.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS LICENSE AREA MERCADO TO ARC PARK JSS 01/12/10 SCALE: t" =100' PEN 01/13/10 0 50' 100' SHEET 2 OF 5 EXHIBIT 1 �i PROPERTY DESCRIPTION OF LICENSE AREA A 20.00 FOOT LICENSE AREA ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 2473 AT PAGE 195 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 2473 AT PAGE 195 AND THE EASTERLY RIGHT-OF-WAY OF INTERSTATE HIGHWAY 35W AS SHOWN ON STATE PROJECT NUMBER I35W-5(5)425 FROM WHICH A FOUND 3/4" IRON ROD BEARS N0927'04"W 81.07 FEET; THENCE ALONG SAID NORTHERLY BOUNDARY N5921'21"E 21.45 FEET; THENCE PARALLEL WITH AND 20.00 FEET EASTERLY FROM SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES; 1. THENCE S09'27'04"E 117.76 FEET; 2. THENCE S15'30'30"E 423.78 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID SOUTHERLY BOUNDARY S5921'21"W 20.72 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES; 1. THENCE N15'30'30"W 430.25 FEET TO A FOUND 3/4" IRON ROD; 2. THENCE N09'27'04"W 111.06 FEET TO THE POINT BEGINNING; CONTAINING 10,829 SQUARE FEET OR 0.249 ACRES. (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROXIMATE ABSTRACT LINE V: \52871\ACTIVE\187t07355\DRAWING\285JAEAP\EXHIBITS\07355V-285-EXHIBIT-042.03.01.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION CC(j DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY TX 76117 Tel 817-74 —7927 Fax: 817-744-7929 www.downtown—desion.com 6 03/03/11 JSS I TF REVISED WORKSPACE 5 02/28/11 AIM I IF REVISED LICENSE AREA 4 02/25/1tjSJTMI TF 3 02/15/11ISJIt4l TF 2 I01/12/11 I JSS I TF I REVISED DEED NUMBER 1 I12/14/10ISJTMI TF IREVISED ADDIRONAL WORKSPACE REV. I DATE I BY I APP.I DESCRIPTION REVISED WORKSPACES REVISED LICENSE AREA DRAWN BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED RY PROPOSED PIPELINE CROSSING TRACT TX-TARR-MEAP-042 03 01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS DESCRIPTION MERCADO TO ARC PARK JSS 01/12/10 SCALE: 1' =N/A PELU 01/13/10 SHEET 3 OF 5 FOUND 3/4" (CM) IRON ROD 0 133m I ttO%)-4Am � W �°� fn t FOUND 3/4" IRON ROD (CM) N23'28'43"W 144.24' 20' LICENSE AREA 10,829 SF 0.249 AC INTERSTATE HWY 35W (ROW VARIES) POINT OF BEGINNING S59'21'21"W 20.72' S5921'21"W 24.55' EXHIBIT 11 N73'52'53"E 45.2$' ADDITIONAL WORKSPACE 26,343 SF 0.605 AC Ct. et 44) CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.03.01 VOL 2473 PG 195 (TR 17) TEMPORARY WORKSPACE 10,783 SF 0.248 AC S73'33'01 "W 32.29' S15'29'01 "E 41.59' S5012'58"E 18.83' BLOCK 5 EAST ADDITION VOL 106 PG 98 (SUBDo 10530) CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.04.01 VOL 2458 PG 75 TRACTS 2 AND 3 (TR 18) BLOCK 4 EAST ADDITION VOL 106 PG 98 (suss/ 10530) DESCRIPTION OF TEMPORARY WORKSPACE A TEMPORARY WORKSPACE ACROSS A PORTION OF THE PARCEL DESCRIBED iN VOLUME 2473 AT PAGE 195 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY BOUNDARY OF SAID PARCEL FROM WHICH THE INTERSECTION OF SAID SOUTHERLY BOUNDARY AND THE EASTERLY RIGHT—OF—WAY LINE OF INTERSTATE 35W AS SHOWN ON STATE PROJECT NUMBER I35W-5(5)425 BEARS S59'21'21"W 20.72 FEET; THENCE PARALLEL WITH AND 20.00 FEET EASTERLY FROM SAID EASTERLY RIGHT—OF—WAY LINE N15'30'30"W 282.00 FEET FROM WHICH A FOUND 3/4" IRON ROD MONUMENTING SAID EASTERLY RIGHT—OF—WAY LINE BEARS N23'28'43"W 144.24 FEET; THENCE N73652'53"E 45.28 FEET; THENCE S1529'01"E 218.54 FEET; THENCE S7313'01"W 32.29 FEET; THENCE S1529'01"E 41.59 FEET; THENCE S50'32'58"E 18.83 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID SOUTHERLY BOUNDARY 559'21'21"W 24.55 FEET TO THE POINT OF BEGINNING; CONTAINING 10,783 SQUARE FEET OR 0.248 ACRES. (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROXIMATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.0001391 V: \52871 \ ACTIVE \187107355\DRAWING\285..11EAP\EXHIBITS\07355V.285-EXHIBIT-042.03.01.DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION I6 5 DOWNTOWN DESIGN SERVICES, INC. 4 2333 MINNIS DRIVE, SUITE F 3 HALTOM CITY, TX 76117 Tel 817-744-7927 Fax 817-744-7929 www.downtown—desian.com 2 1 REV. 03/03/11 JSS 02/28/11 AIM 02/25/11 SJDA 02/15/11 SJTM 01/12/11 JSS 12/14/10 SJDA DATE BY TF TF TF TF TF Tf APP. REVISED WORKSPACE REVISED LICENSE AREA REVISED WORKSPACES REVISED LICENSE AREA REVISED DEED NUMBER REVISED ADDITIONAL WORKSPACE ( SECTIDON HEA DESCRIPTION TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX—TARR—MEAP-042.03.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY WORKSPACE MERCADO TO ARC PARK 1 DRAWN BY 1 CHECKED 1 By NGINEER' I IAPPROVEDI I BY JSS Ot/I2/I0 PE4 01/13/10 SCALE; Y =t00' 0 50' 100' SHEET 4 OF 5 �1 FOUND 3/4" IRON ROD (CM) \ z73 •1 •to m S59'21'21"W 21.45' FOUND 3/4" IRON ROD (CM) INTERSTATE HWY 35W (ROW VARIES) 20' LICENSE AREA 10,829 SF 0.249 AC EXHIBIT CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.02.01 VOL 2458 PG 84 OR 16A) N24'42'38"W 75.99 POINT OF BEGINNING 9 ADDITIONAL WORKSPACE 26,343 SF 0.605 AC 4 el Se Sy* crice J • CITY OF FORT WORTH TRACT TX- TARR-MEAP-042.03.01 VOL 2473 PG 195 (1R 17) TEMPORARY WORKSPACE 10,783 SF 0.248 AC FORT WORTH POWER & LIGHT PARCEL 10 VOL 1108 PG 125 Q $CRIPTION OF ADDITIONAL WORKSPACE AN ADDITIONAL WORKSPACE ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 2473 AT PAGE 195 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF SAID PARCEL FROM WHICH THE INTERSECTION OF SAID BOUNDARY AND THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 35W AS SHOWN ON STATE PROJECT NUMBER I35W-5(5)425 BEARS S5921'21"W 21.45 FEET AND A FOUND 3/4" IRON ROD BEARS N2442'38"W 75.99 FEET; THENCE ALONG SAID NORTHERLY BOUNDARY N59'21'21"E 96.68 FEET; THENCE S13'28'17"E 283.29 FEET; THENCE S73'52'53"W 95.69 FEET; THENCE PARALLEL WITH AND 20.00 FEET EASTERLY FROM SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES; 1. THENCE N15'30'30"W 141.79 FEET; 2. THENCE N09'27'04'W 117.76 FEET TO THE POINT BEGINNING; CONTAINING 26,343 SQUARE FEET OR 0.605 ACRES. BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. DATE OF SURVEY: 2/26/09-01/04/10 SEE SHEET 2 FOR LICENSE AREA INFORMATION 001 (CM) CONTROL MONUMENT (ASSESSOR'S DATA) - - - APPROXIMATE ABSTRACT LINE TODD FINCHER R.P.L.S. NO. 5633 DATE OF SIGNATURE: 03/03/11 COMBINED SCALE FACTOR: 1.0001391 V: \52871 \ACTIVE\187107355\DRAWING\285_HEAP\EXHIBITS\07355V_285-EXHIBIT-042.03.01.DWG TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPEUNE CROSSING TRACT TX-TARR- M EAP-042.03.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS 5 MER ADOAL TO ARCSPACE PARK DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F 3 HALTOM CITY, TX 78117 Tel 817-74 —7927 Fax' 817-741-7929 www.downtown—desian.Com REV. 6 4 2 1 03/03/11 JSS TF 02/28/11 AIM TF 02/25/11 SJTL1 TF 02/15/11 SJDA TF 01/12/11 JSS TF 12/14/10 SJTU TF DATE BY APP. REVISED WORKSPACE REVISED LICENSE AREA REVISED WORKSPACES REVISED UCENSE AREA REVISED DEED NUMBER DRAWN BY CHECKED BY PROJECT ENGINEER REVISED ADDITIONAL WORKSPACE SECTION HEAD DESCRIPTION APPROVEDI RY JSS 01/12/10 PEU 01/13/10 SCALE: 1' =100' 0 50' 100' SHEET 5 OF 5 • INTERSTATE HWY 35W (ROW VARIES) EXHIBIT CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.03.01 VOL 2473 PG 192 (7R n) 4 Osve041.444 0 CITY OF FORT WORTH BLOCK 4 EAST ADDITION VOL 106 PG 98 (SUED/' 10530) CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.04.01 VOL 2458 PG 75 TRACTS 1, 2 AND 3 (7R 18 & 18A) ckOst' ti5 CITY OF FORT WORTH BLOCK 15 EAST ADDITION VOL 106 PG 98 (suBD,F' 10530) CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.04.02 WEST 80' BLK 16 EAST ADDITION VOL 106 PG 98 VOL 2899 PG 64 (SUED# 10530) BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT LINE V: \52871 \ACTIVE\187107355\DRAWING\285_MEAP\EXHIBITS\07355V_285-EXHIBIT-042.04.01.DWG TEXAS MIDSTREAM GAS SERVICES CCf f DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com 3 102/28/11I JSS TF I REVISED UCENSE AREA 2 102/25/11I JDM TF IREWSED TEMPORARY WORKSPACE 1 102/15/11 SJTMI TF I REVISED LICENSE AREA REV. I DATE BY APP. I DESCRIPTION PROPOSED PIPELINE CROSSING TRACT TX-TARR-MEAP-042.04.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS MERCADO TO ARC PARK DRAWN BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED RY JSS PEN 01/13/10 SCALE: 1' = 50' 01/14/10 0 25' 50' SHEET 1 OF 5 i EXHIBIT FOUND 1/2" IRON ROD (CM) CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.03.01 VOL 2473 PG 192 (TR 17) N59'21'21 "E 20.72' 0 N 3, o. LA 20' LICENSE AREA 4,386 SF 0.101 AC POINT OF BEGINNING INTERSTATE HWY 35W (ROW VARIES) LICENSE CENTERLINE LENGTH LICENSE AREA TEMP. WORKSPACE ADD'L WORKSPACE BLOCK 5 EAST ADDITION VOL 106 PG 98 (SUED/ 10530) CITY OF FORT WORTH \ BLOCK 4 EAST ADDITION VOL 106 PG 98 (SUED/ 10530) CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.04.01 VOL 2458 PG 75 TRACTS 1, 2 AND 3 (TR 18 & 18A) TEMPORARY WORKSPACE 9,502 SF 0.218 AC S59'24'11 "W 20.71' FOUND 1/2" (CM) IRON ROD v+��2 o.P� tC``3 0tO *0 Xt 2c FOUND 4"X4" TX DOT ALUMINUM CAP CITY OF FORT WORTH \ BLOCK 15 EAST ADDITION VOL 106 PG 98 (SUED/ 10530) BLOCK 14 EAST ADDITION VOL 106 PG 98 (SUED/ 10530) CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.05.01-042.07.01 VOL 1961 PG 622 (TR 22) CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.04.02 BLK 16 EAST ADDITION VOL 106 PG 98 (suSD#f t o530) CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.06.01 VOL 2186 PG 37 (7R 23) (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROXIMATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.0001391 V: \52871 \ACTIVE\187107355\DRAWING\285_MEAP\EXHIBITS\07355V-285-EXHIBIT-042.04.01.DWG AREA TABLE 219.29 FT 4,386 SF 9,502 SF N/A 00f 13.29 RDS 0.101 AC 0.218 AC N/A DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE SUITE F HALTOM CITY, TX 76117 Tel 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX—TARR—MEAP-042.04.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS LICENSE AREA MERCADO TO ARC PARK DRAWN BY 3 102/28/11 JSS TF I REVISED UCENSE AREA CH BgCEO 2 IO2/25/III JDM TF I REVISED TEMPORARY WORKSPACE FNq EER 1 IO2/15/11ISJDAI TF I REVISED LICENSE AREA SECTIONHEAD REV, I DATE I BY I APP. ' DESCRIPTION APPROVED BY JSS 01/13/10 PEN 01/14/10 SCALE: 1' = 100' 0 50' 100' SHEET 2 OF 5 EXHIBIT PROPERTY DESCRIPTION OF UCENSE AREA A 20-FOOT LICENSE AREA ACROSS A PORTION OF TRACTS 2 AND 3 AS DESCRIBED IN VOLUME 2458 AT PAGE 75 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY BOUNDARY OF SAID TRACT 2 COMMON WITH THE NORTHERLY RIGHT-OF-WAY LINE OF FORMER WATER STREET FROM WHICH A FOUND 1/2" IRON ROD MONUMENTING THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 35W AS SHOWN ON STATE PROJECT NUMBER I35W-5(5)425 BEARS S17'29'01"E 288.73 FEET; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE N15'30'30"W 219.28 FEET TO THE NORTHERLY BOUNDARY OF SAID TRACT 3; THENCE ALONG SAID NORTHERLY BOUNDARY N5921'21"E 20.72 FEET; THENCE PARALLEL WITH AND 20.00 FEET EASTERLY FROM THE EASTERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE 35W S15'30'30"E 219.30 FEET; THENCE ALONG SAID COMMON BOUNDARY S5924'11"W 20.71 FEET TO THE POINT BEGINNING; CONTAINING 4,386 SQUARE FEET OR 0.101 ACRES. (CM) CONTROL MONUMENT (ASSESSOR'S DATA) ---- - APPROXIMATE ABSTRACT UNE V: \52871 \ACTIVE\187107355\DRAWING\285J.1EAP\EXHIBITS\07355V_285 EXHIBIT-042.04.01.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION COf' DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY TX 76117 Tel 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com 7I TF 'REVISED 71APORARY WORKSPACE 1 02/15/11 SJRA TF I REVISED UCENSE AREA REV. DATE BY APP. I DESCRIPTION 3 02/28/11 JSS 2 02/25/11 JOH REVISED LICENSE AREA PROPOSED PIPELINE GROSSING TRACT TX-TARR-MEAP-042 04.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS DESCRIPTION MERCADO TO ARC PARK DRAWN BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED RV JSS 01/13/10 PEN 01/14/10 SCALE: 1" =N/A SHEET 3 OF 5 4 gain 1 FOUND 1/2" IRON ROD (CM) 0 N N15'30'30"W 219.30' 20' LICENSE AREA 4,386 SF 0.101 AC POINT OF BEGINNING EXHIBIT CITY OF FORT WORTH TRACT TX- TARR-MEAP-042.03.01 VOL 2473 PG 192 OR 17) _N59'21'21 "E 24.55' INTERSTATE HWY 35W (ROW VARIES) BLOCK 5 EAST ADDITION VOL 106 PG 98 (BUBO/ 10530) CITY OF FORT WORTH \ BLOCK 4 EAST ADDITION VOL 106 PG 98 S50'32'58"E (SUBDI 10530) 37.45' TRACT 1 TRACT 3 CITY OF FORT WORTH TRACT TX- TARR-MEAP-042.04.01 VOL 2458 PG 75 TRACTS 1, 2 AND 3 (TR 18 & 18A) .515'26'46"E 182.91' TRACT 2 TEMPORARY WORKSPACE 9,502 SF 0.218 AC S59'24'11 "W 46.61' FOUND 1/2" IRON ROD 13 O. IA 2 0 FOUND 4"X4 TX DOT ALUMINUM CAP (CM) CITY OF FORT WORTH \ BLOCK 15 EAST ADDITION VOL 106 PG 98 (SUED/ 10530) BLOCK 14 EAST ADDITION VOL 106 PG 98 (BUBO¢' 10530) CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.05.01-042.07.01 VOL 1961 PG 622 (TR 22) CITY OF FORT WORTH TRACT TX-TARR-M EAR- 042.04.02 BLK 16 EAST ADDITION VOL 106 PG 98 (suBDg 10530) CITY OF FORT WORTH TRACT TX- TARR-MEAP-042.06.01 VOL 2186 PG 37 (7R 23) (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.0001391 V: \52871 \ACTIVE\187107355\DRAWING\285_MEAP\EXHIBITS\07355V_285—EXHIBIT-042.04.01.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com 3 02/28/1 2 IO2/25/1 1 102/15/1 REV.I DATE JSS JDM SJTM BY APP.I REVISED LICENSE AREA PROPOSED PIPELINE CROSSING TRACT TX- TARR-MEAP-042.04.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY WORKSPACE MERCADO TO ARC PARK DRAWL. BY CHECKED BY TF I REVISED TEMPORARY WORKSPACE PROJECT ENGINEER SECTION HEAD APPROVED AY REVISED LICENSE AREA DESCRIPTION JSS 01/13/10 PEM 01/14/10 SCALE: Is =100' 0 50' 100' SHEET 4 OF 5 EXHIBIT DESCRIPTION OF TEMPORARY WORKSPACE A TEMPORARY WORKSPACE ACROSS A PORTION OF TRACTS 1, 2 AND 3 AS DESCRIBED IN VOLUME 2458 AT PAGE 75 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY BOUNDARY OF SAID TRACT 2 COMMON WITH NORTHERLY RIGHT-OF-WAY LINE OF FORMER WATER STREET FROM WHICH A FOUND 1/2" IRON MONUMENTING THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 35W AS SHOWN ON STATE PROJECT NUMBER 135W-5(5)425 BEARS S13'33'03"E 294.13 FEET; THENCE PARALLEL WITH AND 20.00 FEET EASTERLY FROM THE EASTERLY RIGHT-OF-WAY LINE OF SAID INTERSTATE 35W N1510'30"W 219.30 FEET TO THE NORTHERLY BOUNDARY OF SAID TRACT 3; THENCE ALONG SAID NORTHERLY BOUNDARY 1459'21'21"E 24.55 FEET; THENCE S50'32'58"E 37.45 FEET; THENCE S15'26'46"E 182.91 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT 2; THENCE ALONG SAID COMMON BOUNDARY S59'24'11"W 46.61 FEET TO THE POINT BEGINNING; CONTAINING 9,502 SQUARE FEET OR 0.218 ACRES. BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVgYQR'S CgRTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. DATE OF SURVEY: TODD PINCHER 02/26/09-01/04/10 R.P.L.S. NO. 5633 DATE OF SIGNATURE: 02/28/11 (CM) CONTROL MONUMENT (ASSESSORS DATA) • APPROXIMATE ABSTRACT LINE V: \52871 \ACTIVE\187107355\DRAWING\285JAEAP\EXHIBITS\07355V.285-EXHIBIT-042.04.01.DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION C0f j DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, 1X 76117 Tel 817-744-7927 Fax 817-744-7929 www.downtown—deslon.com 3 02/28/11 2 02/25/11 1 02/15/11 REV. DATE JSS TF JDM 1F SJ1FI TF 8Y APP. REVISED LICENSE AREA 1 DRBYANN! 1 I CHECKEDY I B REVISED TD/PORARY WORKSPACE PROJECT EER ENGIN REVISED LICENSE AREA DESCRIP11ON IsECJWN HEAD YAPPROVED !1 RY TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX- TARR-MEAP- 042.04.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS DESCRIPTION MERCADO TO ARC PARK JSS 01/13/10 SCALE: 1. =N/A PEM 01/14/10 SHEET 5 OF 5 EXHIBIT CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.03.01 VOL 2473 PG 192 (7R 17) 4 J 4> INTERSTATE HWY 35W (ROW VARIES) Cjal CITY OF FORT WORTH \ BLOCK 4 EAST ADDITION VOL 108 PG 98 (SUED# 10530) aTY OF FORT WORTH TRACT TX-TARR-MEAP-042.04.01 VOL 2458 PG 75 TRACTS 1, 2 AND 3 (7R 18) BLOCK 5 EAST ADDITION VOL 106 PG 98 (SUBDl 10530) CITY OF FORT WORTH \ BLOCK 15 EAST ADDITION VOL 106 PG 98 (suBO#' 10530) BLOCK 14 EAST ADDITION VOL 108 PG 98 (susol 10530) CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.05.01-042.07.01 VOL 1961 PG 622 (7R 22) aTY OF FORT WORTH TRACT TX-TARR-MEAP-042.04.02 BLK 16 EAST ADDITION VOL 108 PG 98 (SUBD( 10530) CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.06.01 VOL 2186 PG 37 (7R 23) BASIS OF BEARING: THE NORTHERLY RIGHT-OF-WAY LINE OF FORMER WATER STREET EA ADDITION FILED IN VOLUME 106 AT PAGE 98 OF THE TARRANT COUNTY RECORDS S S5924'11"W (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE. (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT UNE V: \52871 \ACTIVE\187107355\DRAWING\285_MEAP\EXHIBITS\07355V_285—EXHIBIT-042.04.02.DWG DOWNTOWN DESIGN SERVICES, INC. aantec Stantec Consulting Inc. 2830 SE Loop 820 FL Worth. 1X 78140 Tel. 817.293.1910 Fox. 817.293.1990 F ..tantsc.com ' REV. DATE BY APP. DESCRIP110N TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX-TARR-MEAP-042.04.02 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS MERCADO TO ARC PARK DRANK BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED RY JSS 01/13/10 PEM 01/14/10 SOME: 1' m 50' 0 25' 50' SWEET 1 OF 5 N59'24'11 "E 20.71' 20' UCENSE AREA 3,621 S.F. 0,083 AC± CITY OF FORT WORTH TRACT TX —TAR R—MEAP-042.04.01 VOL 2458 PG 75 TRACTS 1, 2 AND 3 559 (7R 1B) �G F0 s° S� POINT OF BEGINNING FOUND 1/2" IRON ROD INTERSTATE HWY 35W (ROW VARIES) I-/,3--/0 F 400 EXHIBIT CITY OF FORT WORTH BLOCK 15 EAST ADDITION VOL 106 PG 98 (SUED/ 10530) — CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.04.02 BLK 16 EAST ADDITION VOL 106 PG 98 (SUED{ t0530) S59'2491 "W 20.40' (CM) s 0. os FOUND 4"X4" TX DOT ALUMINUM CAP (CM) CONTROL MONUMENT (AS.ita.OR'S DATA) APPROXIMATE ABSTRACT LINE F 45' TEMPORARY WORKSPACE 4 AV crice 0 J 4, CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.05.01-042.07.01 VOL 1961 PG 622 (7R 22) i• CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.06.01 VOL 2186 PG 37 OR 23) (CIA) COMBINED SCALE FACTOR: 1.0001391 V:\52871\ACTIVE\187107355\DRAWING\285JdEAP\EXHIBITS\07355V.285-EXHIBIT-042.04.02.DWG EASEMENT TABLE CENTERLINE LENGTH 181.05' UCENSE AREA 3,621 SF TEMP. WORKSPACE 8,153 SF ADD'L WORKSPACE N/A pig/1 10.97 RDS 0.083 AC 0.187 AC N/A DOWNTOWN DESIGN SERVICES, INC. Stantec Consulting Inc. 2830 SE Loop 820 Ft Worth, TX 78140 Td. 8 7.203.1910 Fax. 817.2911990 m,.etant.o.com REV. DATE I BY APP, DESCRIPIIDN 1 DRAWN HY 'CHEBCKEDY PROJECT EHGNW 15EHEC11A➢ON 'APPROVED WY TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX—TARR—MEAP-042.04.02 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS UCENSE AREA MERCADO TO ARC PARK JSS 01/13/10 PERT 01/14/10 SCALE: C — 50' 0 25' 50' SHEET 2 OF 5 EXHIBIT PROPERTY DESCRIPTION OF LICENSE AGREEMENT A 20—FOOT LICENSE AGREEMENT ACROSS A PORTION OF BLOCK 16 AND THE 25' RIGHT—OF—WAY OF FORMER WATER STREET EAST ADDITION FILED IN VOLUME 106 AT PAGE 98 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY BOUNDARY OF SAID BLOCK 16 FROM WHICH A FOUND 1/2" IRON MONUMENTING THE EASTERLY RIGHT—OF—WAY UNE OF INTERSTATE 35W SHOWN ON STATE PROJECT NUMBER I35W-5(5)425 BEARS S1915'13"E 107.87 FEET; THENCE ALONG SAID EASTERLY RIGHT—OF—WAY LINE THE FOLLOWING TWO (2) COURSES; 1. N19'15'13"W 44.49 FEET; 2. THENCE N15'30'30"W 136,53 FEET TO THE NORTHERLY RIGHT—OF—WAY LINE OF FORMER WATER STREET FILED IN VOLUME 106 AT PAGE 98; THENCE ALONG SAID RIGHT—OF—WAY LINE OF FORMER WATER STREET N59'24'11"E 20.71 FEET; THENCE PARALLEL WITH AND 20 FEET EASTERLY FROM SAID EASTERLY RIGHT—OF—WAY LINE THE FOLLOWING TWO (2) COURSES; 1. S15'30'30"E 141.28 FEET; 2. THENCE 51915'13"E 39.82 FEET TO THE SOUTHERLY BOUNDARY OF SAID BLOCK 16; THENCE ALONG SAID SOUTHERLY BOUNDARY S5924'11"W 20.40 FEET TO THE POINT BEGINNING; CONTAINING 3,621 SQUARE FEET OR 0.083 ACRES, MORE OR LESS. (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROXIMATE ABSTRACT UNE V: \52671 \ACTIVE\187107355\DRAWING\285_MEAP\EXHIBITS\07355V_285-EXHIBIT-042.04.02.DWG SEE SHEET 2 FOR EASEMENT INFORMATION DOWNTOWN DESIGN SERVICES, INC. eptl gipp' Stantec Consulting Inc. 2830 SE Loop 820 Ft. Worth, TX 76140 Tel. 617.293.1910 Fax. 817.293.1090 wn..tantx.00rn REY. DATE DESCRIPTION 1 1 DRAWN BY CHECKED BY PROJECT ENGINEER SECDON HEAD APPROVED RY TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX—TARR—MEAP-042.04.02 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS DESCRIPTION MERCADO TO ARC PARK JSS 01/13/10 SCALE: 1' es N/A PEM 01/14/10 SHEET 3 OF 5 CITY OF FORT WORTH TRACT TX— TARR—MEAP-042.04.01 VOL 2458 PG 75 TRACTS 1, 2 AND 3 (m tB) 6N p6• pc, N1915'13"W 39.82' POINT OF BEGINNING FOUND 1/2" IRON ROD INTERSTATE HWY 35W (ROW VARIES) l5—/o EXHIBIT CITY OF FORT WORTH BLOCK 15 EAST ADDITION VOL 106 PG 98 (SURD/ 10530) CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.04.02 BLK 16 EAST ADDITION VOL 106 PG 98 (SURD/ 10530) 45' TEMPORARY WORKSPACE 8,153 S.F. 0.187 AC± S19'15'13"E 29.33' 4 cott J • S59'24'11 "W 45.90' CITY OF FORT WORTH TRACT TX— TARR—MEAP-042.05.01-042.07.01 VOL 1961 PG 622 (1R 22) FOUND 4"X4" TX DOT ALUMINUM CAP (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROXIMATE ABSTRACT LINE tot CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.06.01 VOL 2186 PG 37 OR 23) (CM) COMBINED SCALE FACTOR: 1.0001391 V: \52871 \ACTIVE\187107355\DRAWL NG\2B5JAEAP\EXHIBITS\07355V_285-EXHIBIT-042.04.02. DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR EASEMENT INFORMATION C3S1 DOWNTOWN DESIGN SERVICES, INC. Stanton Consulting Inc. 2830 SE Lnap 820 R. Worth, IX 76140 TN. 817.283.1910 Fax. 817.293.1990 matontac.ccm REV. DATE BY' APP. DESCRIPTION PROPOSED PIPELINE CROSSING TRACT TX—TARR—M EAP— 042. 04.02 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY WORKSPACE MERCADO TO ARC PARK DRANK BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED AY JSS 01/13/10 PEJ1 01/14/10 SCALE: 1' a 100' 0 50' 100' SHEET 4 OF 5 EXHIBIT DESCRIPTION OF TEMPORARY WORKSPACE A 45-FOOT TEMPORARY WORKSPACE ACROSS A PORTION OF BLOCK 16 AND THE 25' RIGHT-OF-WAY OF FORMER WATER STREET EAST ADDITION FILED IN VOLUME 106 AT PAGE 98 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY BOUNDARY OF SAID BLOCK 16 FROM WHICH A FOUND 1/2" IRON MONUMENTING THE EASTERLY RIGHT-OF-WAY LINE OF INTERSTATE 35W SHOWN ON STATE PROJECT NUMBER 135W-5(5)425 BEARS S09'07'07"E 113.66 FEET; THENCE PARALLEL WITH AND 20 FEET EASTERLY FROM SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES; 1. N19'15'13"W 39.82 FEET; 2. THENCE N15'30'30"W 141.26 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF FORMER WATER STREET FILED IN VOLUME 106 AT PAGE 98; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE N5924'11"E 46.61 FEET; THENCE PARALLEL WITH AND 65 FEET EASTERLY FROM SAID EASTERLY RIGHT-OF-WAY LINE THE FOLLOWING TWO (2) COURSES; 1. S15'30'30"E 151.93 FEET; 2. THENCE S19'15'13"E 29.33 FEET TO THE SOUTHERLY BOUNDARY OF SAID BLOCK 16; THENCE ALONG SAID SOUTHERLY BOUNDARY S5924'11"W 45.90 FEET TO THE POINT BEGINNING; CONTAINING 8,153 SQUARE FEET OR 0.187 ACRES, MORE OR LESS. BASIS OF BEARING: THE NORTHERLY RIGHT-OF-WAY LINE OF FORMER WATER STREET EAST ADDITION FILED IN VOLUME 106 AT PAGE 98 OF THE TARRANT COUNTY RECORDS BEARS S59'24'11"W (GRID) IN THE STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. DATE OF SURVEY: 2/26/09-1/04/10 (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT UNE PAUL E. MANNEL REGISTERED PROFESSIONAL LAND SURVEYOR NO. 5533 DATE OF SIGNATURE: /-i5'-20/0 COMBINED SCALE FACTOR: 1.0001391 V: \52871\ACTIVE\187107355\DRAWING\285_MEAP\EXHIBITS\07355V_285-EXHIBIT-042.04.02.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR EASEMENT INFORMATION col DOWNTOWN DESIGN SERVICES, INC. f " Stantec Consulting Inc. 28- Ft. SE leap 720 61 t Fa Worth. 3. 710140 TFar. 817.293. 90 Pox. toMtc.con 90 �a".alaMec.<om REV. DATE BY APP. DESCRIPTION PROPOSED PIPEIJNE CROSSING TRACT TX- TARR-MEAP-042.04.02 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS DESCRIPTION MERCADO TO ARC PARK DRBYAWN CHECKED DY IPROJECT ENGINEER SECTION EAD N IAPPROYED RY JSS PEN SCALE: 1' -N/A SHEET 5 OF 5 EXHIBIT CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.03.01 VOL 2473 PG 192 (TR 17) 4 A ate A le � J CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.04.01 VOL 2458 PG 75 TRACTS 2 AND 3 (7R 18) BLK 7 TARRANT COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT N0. 1 VOL 2182 PG 48 (TR 3) CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.05.01-042.07.01 VOL 1981 PG 622 CITY OF FORT WORTH TRACT TX—TARR—MEAP-042 04.02 EAST ADDITION VOL 106 PG 98 (suBDO 10530) r 0 is 4. CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.07.01.01 LOTS 1-6 BLK 1 WATSONS ADDITION VOL 204A PG 83 VOL 2771 PG 53 (SUBDJ' 45290) 1304 3 %d' "?` CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.07 BLK 7 WATSONS ADDITION VOL 204A PG 83 (SUBD# 45290) TARRANT COUNTY 6*) WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 VOL 2195 PG 565 (SUBD# 45290) CITY OF FORT WORTH LOTS 5 & 6 BLK 6 WATSONS ADDITION VOL 204A PG 83 VOL 2583 PG 416 (SUED; 45290) CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.07.02 LOTS 1-4 & 7-9 BLK 6 WATSONS ADDITION VOL 204A PG 83 VOL 2771 PG 53 (SUBD/ 45290) BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. (CM) CONTROL MONUMENT (ASSESSORS DATA) --APPROXIMATE ABSTRACT UNE V: \52871\ACTIVE\187107355\DRAWING\2B5JAEAP\EXHIBITS\07355t285-EXHIBIT-042.05.01-42.07.01.DWG TEXAS MIDSTREAM GAS SERVICES DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com 2 103/02/11 JSS I TF 1 IO2/25/11SJDAI TF REV. I DATE I BY I APP. REVISED WORKSPACES REVISED WORKSPACES DESCRIPTION 83 PROPOSED PIPELINE CROSSING TRACT TX—TARR—MEAP-042.05.01-042.07.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS MERCADO TO ARC PARK DRANK BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED RY JSS 01/14/10) SCALE: 1' = 150' PEH 01/15/10 0 75' 150' 1 SHEET 1 OF 7 i GGfj i N59'24'11 "E 20.40' FOUND 1/2" IRON ROD (CM) W/ ALUMINUM DISK N30'09'33"W 38.34' POINT OF BEGINNING INTERSTATE 35W (ROW VARIES) FOUND 4"X4" ALUMINUM CAP TXDOT EXHIBIT CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.04.02 EAST ADDITION VOL 106 PG 98 (SUBD# 10530) 45' TEMPORARY WORKSPACE #1 20' LICENSE AREA #1 2,925 S.F. \ 0.067 AC \ S30'09'33"E 36.28' \, O S59'24'11 "W 20.00' (CM) t S34'46'34"E .s irk, 26.97' 'S CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.05.01-042.07.01 VOL 1961 PG 622 OR 22) CITY OF FORT WORTH TRACT TX- TARR-MEAP-042.07.02 LOTS 1-4 & 7-9 BLK 6 WATSONS ADDITION VOL 204A PG 83 VOL 2771 PG 53 (SUED# 45290) CITY OF FORT WORTH TRACT TX- TARR-M EAP- 042.06.01 VOL 2186 PG 37 OR 23) N5924'11 "E 20.05' POINT OF BEGINNING N34'46'34"W 38.84' TEMPORARY WORKSPACE #3 FOUND 2-1/2" BRASS CAP TXDOT (CM) CITY OF FORT WORTH TRACT TX- TARR-MEAP-042.07.01.01 LOTS 1-6 BLK 1 WATSONS ADDITION VOL 204A PG 83 VOL 2771 PG 53 (SUBDJ 45290) _ LICENSE AREA #2 1,396 S.F. 0.032 AC \ Aker bR 1. 'C` OF-0:4`PG t� €1y'L P TEMPORARY O` y \claa 27) 2 WORKSPACE K,39-' JO\' t S89'46'32"E 48.35' S5915'42"W 38.87' 1 N89'46132"W 25.43' - BLOCK 1 2 3 N‘ (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT UNE COMBINED SCALE FACTOR: 1.0001391 V: \52871 \ACTIVE\187107355\DRAWING\285JAEAP\EXHIBITS\07355V_285-EXHIBIT-042.05.01-42.07.O1.DWG LICENSE AREA TABLE CENTERLINE LENGTH 216.02 FT 13.09 RDS LICENSE AREA 4,321 SF 0.099 AC TEMP. WORKSPACE 46,478 SF 1.067 AC ADD'L WORKSPACE N/A N/A 00f DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY TX 76117 Tel 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com 2 I0003/02/1� JSS 11F 1 ry2/25/1 SJTMI ��I7F REV. DATE BY I APP. REVISED WORKSPACES REVISED WORKSPACES DESCRIPTION TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX-TARR-MEAP- 042.05.01- 042.07.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS LICENSE AREA MERCADO TO ARC PARK DRAWN BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED RY JSS 01/14/10 SCALE 1' =60' PE4 01/15/10 0 30' 60' SHEET 2 OF 7 d EXHIBIT PROPERTY DESCRIPTION OF LICENSE AREA #1 A 20-FOOT LICENSE AREA ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 1961 AT PAGE 622 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 2186 AT PAGE 37 OF THE TARRANT COUNTY RECORDS AND THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 35W SHOWN ON STATE PROJECT NUMBER I35W-5(5)425 FROM WHICH A FOUND 4"X4" ALUMINUM CAP MONUMENTING SAID EASTERLY RIGHT OF WAY LINE BEARS S30'09'33"E 113.68 FEET; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES; 1. N30109'33"W 38.34 FEET TO A FOUND 1/2" IRON ROD WITH AN ALUMINUM DISK; 2. THENCE N1915'13"W 107.87 FEET TO THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 1961 AT PAGE 622; THENCE ALONG SAID NORTHERLY BOUNDARY N59'24'11"E 20.40 FEET; THENCE PARALLEL WITH AND 20.00 FEET EASTERLY FROM SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES; 1. S1915'13"E 109.97 FEET; 2. THENCE S30'09'33"E 36.28 FEET TO THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 2186 AT PAGE 37; THENCE ALONG SAID NORTHERLY BOUNDARY S5924'11"W 20.00 FEET TO THE POINT BEGINNING; CONTAINING 2,925 SQUARE FEET OR 0.067 ACRES. PROPERTY DESCRIPTION OF LICENSE AREA #2 A 20 FOOT LICENSE AREA ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 1961 AT PAGE 622 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 21886 AT PAGE 37 OF THE TARRANT COUNTY RECORDS AND THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 35W SHOWN ON STATE PROJECT NUMBER I35W-5(5)425 FROM WHICH A FOUND 4"X4" ALUMINUM CAP MONUMENTING SAID EASTERLY RIGHT OF WAY LINE BEARS N34'46'34"W 70.51 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY N5924'11"E 20.05 FEET; THENCE PARALLEL WITH AND 20.00 FEET EASTERLY FROM SAID EASTERLY RIGHT OF WAY LINE S34'46'34"E 26.97 FEET; THENCE S89'46'32"E 48.35 FEET TO THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 1961 AT PAGE 622; THENCE ALONG SAID SOUTHERLY BOUNDARY S5915'42"W 38.87 FEET; THENCE N89'46'32"W 25.43 FEET TO SAID EASTERLY RIGHT OF WAY LINE; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE N34'46'34"W 38.84 FEET TO THE POINT BEGINNING; CONTAINING 1,396 SQUARE FEET OR 0.032 ACRES. (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROXIMATE ABSTRACT LINE COMBINED SCALE FACTOR: V: \52871\ACTIVE\187107355\DRAWING\285_MEAP\EXHIBITS\07355V,285-EXHIBIT-042.05.01-42.07.01.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION OC/ j DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE SUITE F HALTOM CITY TX 76117 Tel 817-744-7927 Fax' 817-744-7929 www.downtown—desian.com 2 I03/02/11 JSS TF 1 IO2/25/11ISJIU TF I REV.I DATE I BY APP.I REVISED WORKSPACES REVISED WORKSPACES DESCRIPTION DRAM BY CHECKED BY PROJECT -ENGINEER SECTION HEAD APPROVED AY PROPOSED PIPELINE CROSSING TRACT TX-TARR-M EAP-042.05.01-042.07.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS DESCRIPTION MERCADO TO ARC PARK JSS 01/14/10 SCALE: 1' =N/A PEN 01/15/10 SHEET 3 OF 7 I �1 20' LICENSE AREA #1 FOUND 1/2" IRON ROD (CM) W/ ALUMINUM DISK N30'09'33"W 36.28' LINE 1 2 3 4 5 6 7 8 9 INTERSTATE 35W (ROW VARIES) FOUND 4"X4" ALUMINUM CAP TXDOT LINE TABLE BEARING N59'24'11"E S44'52'13"E N89'46'32"W N34'46'34"W S89'46'32"E S5915'42"W N3446'34"W S5924'11"W N34'46'34"W EXHIBIT CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.04.02 EAST ADDITION VOL 106 PG 98 (SUED# 10530) TEMPORARY WORKSPACE #1 6,281 SF 0.144 AC S21'37'18"E 17.29' POINT OF BEGINNING S5924'11 "W 20.00' 0<6 Y' POINT OF 13 CPA BEGINNING 0 CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.05.01-042.07.01 VOL 1961 PG 622 (TR 22) CITY OF FORT WORTH - TRACT TX-TARR-MEAP-042.07.02 LOTS 1-4 & 7-9 BLK 6 WATSONS ADDITION VOL 204A PG 83 VOL 2771 PG 53 (SURD/ 45290) CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.06.01 VOL 2186 PG 37 (TR 23) DISTANCE 17.24' 43.81' 30.36' 26.97' 25.43' 20.88' 13.11' 20.05' 38.84' (CM) V55 POINT OF BEGINNING TEMPORARY WORKSPACE #3 137 SF 0.003 AC FOUND 2-1/2" BRASS CAP TXDOT (CM) CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.07.01.01 LOTS 1-6 BLK 1 WATSONS ADDITION VOL 204A PG 83 VOL 2771 PG 53 (SUBD/ 45290) (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROXIMATE ABSTRACT LINE TEMPORARY WORKSPACE #2 701 SF 0.016 AC 1 20' LICENSE BLOCK 1 3 e 1 p1 ONek Cy pF 'coOk`Lpp 09. e C'\ t�Pe*avi ti21 ;Cr �� l� AREA #2 COMBINED SCALE FACTOR: 1.0001391 V; \52871\ACTIVE\187107355\DRAWING\285JAEAP\EXHIBITS\07355V-285—EXHIBIT-042.05.01-42.07.01.DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION CCfj DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY TX 76117 Tel 817-744-7927 Fax: 817-744-7929 www.downtown—desion.com 2 103/02/11 JSS 1 IO2/25/11ISJTM REV. I DATE I BY h TF APP. REVISED WORKSPACES REVISED WORKSPACES DESCRIPTION TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX-TARR-MEAP-042.05.01-042.07.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY WORKSPACE MERCADO TO ARC PARK DRAM BY CHECKED BY PROJECT ENGINEER SEC11ON HEAD APPROVED RY JSS 01/14/10 SCALE: Y =60' PELT 01/15/10 0 30' 60' SHEET 4 OF 7 LICENSE AREA #1 • FOUND 1/2" IRON ROD W/ ALUMIDISK (CM) \ EXHIBIT CITY OF FORT WORTH TRACT TX- TARR-MEAP-042.05.01-042.07.01 VOL 1961 PG 622 OR 22) CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.04.02 EAST ADDITION VOL 106 PG 98 (SURD{ 10530) TEMPORARY - WORKSPACE #1 CITY OF FORT WORTH TRACT TX- TARR-MEAP-042.07.02 LOTS 1-4 & 7-9 BLK 6 WATSONS ADDITION VOL 204A PG 83 VOL 2771 PG 53 (SUBD/ 45290) CITY OF FORT WORTH Fy TRACT TX- TARR-MEAP-042.06.01 VOL 2186 PG 37 '•p�u'� r G7� OR 23) FOUND 4"X4" ALUMINUM CAP TX DOT LICENSE AREA #2 INTERSTATE 35W (ROW VARIES) TEMPORARY WORKSPACE #3 FOUND 2-1/2 BRASS CAP TXDOT (CM) CITY OF FORT WORTH TRACT TX- TARR-MEAP-042.07.01.01 LOTS 1-6 BLK 1 WATSONS ADDITION VOL 204A PG 83 VOL 2771 PG 53 (SUBD# 45290) • 11i TEMPORARY „\\X WORKSPACE #2 lep 95<Pe"- BLOCK 63 2 \ POINT OF - BEGINNING (CM)\ 1 - 0.- � AG BLOCK 1 P y 2 % LINE# L10 N1419'2811W L11 N59424'11"E L12 N34'06'04'W L13 N1419'28'W L14 N74'13'56'E L15 S1110'45'W kik 4 TEMPORARY WORKSPACE #4 39,359 SF 0.904 AC LINE TABLE z 12 v ApR�p� p2 P .(oPGS t1vzcsO gNi 29\ i BLOCK 5 17 BEARING DISTANCE 53.18' 10.46' 29.68' 207.83' 186.33' 53.07' LINE# L16 L17 L18 L19 4 3 \ LINE TABLE BEARING S11636'29'E S27'08'33"W N6502'38'W S4738'15"W L20 S3719'02'E L21 S5915'43"W K DISTANCE 115.04' 40.24' 37.02' 18.55' 89.91' 126.29' (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.0001391 V: \52871\AC1IVE\187107355\DRAWING\285_MEAP\EXHIBITS\07355V_285-EXHIBIT-042.05.01-42.07.01.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION CC f f DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY TX 78117 Tel 817-744-7927 Fax 817-744-7929 www.downtown—desian.com 2 I03/02/14 JSS 1 IO2/25/11ISJi1A REV.I DATE I BY TF TF APP. REVISED WORKSPACES REVISED WORKSPACES DESCRIPTION PROPOSED PIPEUNE CROSSING TRACT TX-TARR-MEAP-042.05.01-042.07.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY WORKSPACE MERCADO TO ARC PARK DRAWN BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED AY JSS 01/14/10 PEN 01/15/10 SCALE: 1' =100' 0 50' 100' SHEET 5 OF 7 N EXHIBIT DFSCRIPTION OF TEMPORARY WORKSPACE #1 A TEMPORARY WORKSPACE ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 1961 AT PAGE 622 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 2186 AT PAGE 37 OF THE TARRANT COUNTY RECORDS FROM WHICH THE INTERSECTION OF SAID NORTHERLY BOUNDARY AND THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 35W SHOWN ON STATE PROJECT NUMBER 135W-5(5)425 BEARS S5924'11"W 20.00 FEET; THENCE PARALLEL WITH AND 20.00 FEET EASTERLY FROM SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES; 1. N30'09'33"W 36.28 FEET; 2. THENCE N1915'13"W 109.97 FEET TO THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 1961 AT PAGE 622; THENCE ALONG SAID NORTHERLY BOUNDARY N59'24'11"E 45.90 FEET; THENCE S18'06'59"E 130.09 FEET; THENCE S21'37'18"E 17.29 FEET TO THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 2186 AT PAGE 37; THENCE ALONG SAID NORTHERLY BOUNDARY S59'24'11"W 36.99 FEET TO THE POINT BEGINNING; CONTAINING 6,281 SQUARE FEET OR 0.144 ACRES. DESCRIPTION OF TEMPORARY WORKSPACE #2 A TEMPORARY WORKSPACE ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 1961 AT PAGE 622 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS BEGINNING ON THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 2186 AT PAGE 37 OF THE TARRANT COUNTY RECORDS FROM WHICH THE INTERSECTION OF SAID SOUTHERLY BOUNDARY AND THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 35W SHOWN ON STATE PROJECT NUMBER I35W-5(5)425 BEARS S59'2411"W 20.05 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY N5924'11"E 17.24 FEET; THENCE S44'52'13"E 43.81 FEET; THENCE N89'46'32"W 30.36 FEET; THENCE PARALLEL WITH AND 20.00 FEET EASTERLY FROM SAID EASTERLY RIGHT OF WAY LINE N34'46'34"W 26.97 FEET TO THE POINT BEGINNING; CONTAINING 701 SQUARE FEET OR 0.016 ACRES. (CM) CONTROL MONUMENT (ASSESSORS DATA) - APPROXIMATE ABSTRACT LINE COMBINED SCALE FACTOR: V: \52871\ACTIVE\187107355\DRAWING\2853MEAP\EXHIBITS\07355V 285-EXHIBIT-042.05.01-42.07.01.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com 2 03/02/11I JSS I TF 1 02/25/1 SJ11A TF REV. DATE BY APP. REVISED 1ORKSPACES REVISED WORKSPACES DESCRIPTION DRAWN BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED RY PROPOSED PIPELINE CROSSING TRACT TX-TARR-MEAP-042.05.01-042.07.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF' TEXAS DESCRIPTION MERCADO TO ARC PARK JSS 01/14/10 SCALE: 1' =N/A PEN 01/15/10 SHEET 6 OF 7 EXHIBIT DESCRIPTION OF TEMPORARY WORKSPACE #3 A TEMPORARY WORKSPACE ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 1961 AT PAGE 622 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS BEGINNING ON THE EASTERLY RIGHT OF WAY OF INTERSTATE 35W SHOWN ON STATE PROJECT NUMBER 135W-5(5)425 FROM WHICH THE INTERSECTION OF SAID EASTERLY RIGHT OF WAY AND THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 2186 AT PAGE 37 OF THE TARRANT COUNTY RECORDS BEARS N34'46'34"W 38.84 FEET; THENCE S89'46'32"E 25.43 FEET TO THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 1961 AT PAGE 622; THENCE ALONG SAID SOUTHERLY BOUNDARY S5915'42"W 20.88 FEET TO SAID EASTERLY RIGHT OF WAY; THENCE ALONG SAID EASTERLY RIGHT OF WAY N34'46'34"W 13.11 FEET TO THE POINT BEGINNING; CONTAINING 137 SQUARE FEET OR 0.003 ACRES. DESCRIPTION OF TEMPORARY WORKSPACE #4 A TEMPORARY WORKSPACE ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 1961 AT PAGE 622 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS BEGINNING ON THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 1961 AT PAGE 622 FROM WHICH AN ANGLE POINT IN INTERSTATE 35W SHOWN ON STATE PROJECT NUMBER I35W-5(5)425 MONUMENTED BY A FOUND 2-1/2" TXDOT BRASS CAP BEARS S56'00'21"W 310.11 FEET; THENCE N14'19'28"W 53.18 FEET TO THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 2186 AT PAGE 37 OF THE TARRANT COUNTY RECORDS; THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID PARCEL THE FOLLOWING TWO (2) COURSES; 1. THENCE N59'24'11"E 10.46 FEET; 2. THENCE N34'06'04"W 29.68 FEET; THENCE N1419'28"W 207.83 FEET; THENCE N7413'56"E 186.33 FEET; THENCE S11'30'45"W 53.07 FEET; THENCE S1116'29"E 115.04 FEET; THENCE S27'08'33"W 40.24 FEET; THENCE N65'02'38"W 37.02 FEET; THENCE S4718'15"W 18.55 FEET; THENCE S3719'02"E 89.91 FEET TO THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 1961 AT PAGE 622; THENCE ALONG SAID SOUTHERLY BOUNDARY S59'15'43"W 126.29 FEET TO THE POINT OF BEGINNING; CONTAINING 39,359 SQUARE FEET OR 0.904 ACRES. BASIS OF BEARING BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. DATE OF SURVEY: TODD FINCHER 02/26/09-01/04/10 R.P.L.S. NO. 5633 DATE OF SIGNATURE: 03/02/11 (CM) CONTROL MONUMENT (ASSESSORS DATA) - APPROXIMATE ABSTRACT LINE COMBINED SCALE FACTOR: V: \52871\ACTIVE\187107355\DRAWING\285JAEAP\EXHIBITS\07355V_285—EXHIBIT-042.05.01-42.07.01.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION CC(j DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY TX 76117 Tel 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com 2 03/02/11I JSS I TF 1 02/25/11ISJDAI IF REV. DATE I BY I APP. REVISED VIORKSPACES REVISED WORKSPACES DESCRIPRON DRAWN BY CHECKED BY PROJECT ENGINEER SECnoN HEAD APPROVED PY PROPOSED PIPELINE CROSSING TRACT TX-TARR-MEAP-042.05.01-042.07.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS DESCRIPTION MERCADO TO ARC PARK JSS 01/14/10 SCALE: 1' =N/A PELT 01/15/10 SHEET 7 OF 7 EXHIBIT CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.03.01 VOL 2473 PG 192 (7R 17) CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.04.01 VOL 2458 PG 75 TRACTS 2 AND 3 (7R t8) BLK 7 TARRANT COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 VOL 2182 PG 48 (7R3) CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.05.01-042.07.01 VOL 1961 PG 622 (7R 22) CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.04.02 EAST ADDITION VOL 106 PG 98 (SURD; 10530) r eA p tuk CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.07.01.01 LOTS 1-6 BLK 1 WATSONS ADDITION VOL 204A PG 83 VOL 2771 PG 53 (SUBDif 45290) 0.44 CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.07 BLK 7 WATSONS ADDITION VOL 204A PG 83 (SUED/ 45290) TARRANT COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 VOL 2195 PG 565 (SURD/ 45290) CITY OF FORT WORTH LOTS 5 & 6 BLK 6 WATSONS ADDITION VOL 204A PG 83 VOL 2583 PG 416 (SUBDIf 45290) CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.07.02 LOTS 1-4 & 7-9 BLK 6 WATSONS ADDITION VOL 204A PG 83 VOL 2771 PG 53 (SURD 45290) BASIS OF BEARING BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT UNE V: \52871\ACTIVE\187107355\DRAWING\285JAEAP\EXHIBITS\07355V_285-EXHIBIT-042.06.01.DWG TEXAS MIDSTREAM GAS SERVICES DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY TX 76117 Tel 817-744-7927 Fax: 817-744-7929 2 103/02/11 JAMI 1F ADD TEMP WORKSPACE 1 102/25/11 SCO I TF CHANGED TEMP WORKSPACE www.downtown—desian.com ' REV. I DATE BY I APP. DESCRIPTION PROPOSED PIPELINE CROSSING TRACT TX-TARR-MEAP-042.06.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS MERCADO TO ARC PARK DRAM BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED RY JSS 01/15/10 SCALE; 1' =150' PEM 01/15/10 0 75' 150' SHEET 1 OF 4 i EXHIBIT CITY OF FORT WORTH �1 TRACT TX- TARR-MEAP-042.05.01-042.07.01 VOL 1961 PG 622 (TR 22) FOUND 1/2" IRON ROD (CM) W/ ALUMINUM DISK N30'09'33"W 38.34' N59'24'11"E 20.00' POINT OF BEGINNING 0 TEMPORARY WORKSPACE 2G0 TINF o nF INTERSTATE 35W (ROW VARIES) R. FOUND 4"X4" TXDOT ALUMINUM CAP 20' LICENSE AREA 3,684 S.F. 0.085 AC CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.06.01 VOL 2186 PG 37 (TR 23) S59'24'11 "W 20.05' O0� *uc 1/Gk2. o' KO:YD& Gl-ct pQ roN 0) Fe/ 4G� 19( PROPERTY DESCRIPTION OF LICENSE AREA A 20.00 FOOT LICENSE AGREEMENT ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 2186 AT PAGE 37 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 2186 AT PAGE 37 OF THE TARRANT COUNTY RECORDS AND THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 35W SHOWN ON STATE PROJECT NUMBER 135W-5(5)425 FROM WHICH A FOUND 1/2" IRON ROD WITH ALUMINUM DISK MONUMENTING SAID EASTERLY RIGHT OF WAY LINE BEARS N30'09'33"W 38.34 FEET; THENCE ALONG SAID NORTHERLY BOUNDARY N59'24'11"E 20.00 FEET; THENCE PARALLEL WITH AND 20.00 FEET EASTERLY FROM SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES; 1. S30'09'33"E 113.03 FEET; 2. THENCE S34'46'34"E 71.17 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID SOUTHERLY BOUNDARY S59'24'11"W 20.05 FEET TO SAID EASTERLY RIGHT OF WAY LINE; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES; N34'46'34"W 70.51 FEET TO A FOUND 4"X4" ALUMINUM TX DOT CAP; 2. THENCE N30'09'33"W 113.68 FEET TO THE POINT BEGINNING; LICENSE CENTERLINE LENGTH LICENSE AREA TEMP. WORKSPACE ADD'L WORKSPACE CONTAINING 3,684 SQUARE FEET OR 0.085 ACRES. (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT UNE COMBINED SCALE V: \52871 \ACTIVE\187107355\DRAW NG\285-MEAP\EXHIBITS\07355V_285-EXHIBIT-042.06.01.DWG AREA TABLE 184.19' 11.16 RDS 3,684 SF 0.085 AC 4,566 SF 0.105 AC N/A N/A 0 0r DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE SUITE F HALTOM CITY, TX 76117 Tel 817-74 —7927 Fax: 817-74 —7929 www.downtown—desian.com 2 1 REV. 03/02/ill A U 1F 02/25/111 SCO TF DATE I BY APP. ADD TEMP WORKSPACE CHANGED TEMP WORKSPACE DESCRIPTION FACTOR: 1.0001391 TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX- TARR- MEAP-042 06 01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS LICENSE AREA MERCADO TO ARC PARK DRAWN BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED RV JSS 01/15/10 PEN 01/15/10 SCALE: 1e =60' 0 30' 60' SHEET 2 OF 4 (CM) N57'48'10"W 43.11' EXHIBIT CITY OF FORT WORTH TRACT TX-TARR-MEAP-042 05 01-042.07.01 VOL 1961 PG 622 OR 22) FOUND 1/2" IRON ROD W/ ALUMINUM DISK POINT OF BEGINNING N59'24'11"E 36.99' o+. (CM) FOUND 4"X4" TXDOT ALUMINUM CAP 20' LICENSE AREA TEMPORARY WORKSPACE #1 4,411 S.F. 0.101 AC CITY OF FORT WORTH / TRACT TX-TARR-MEAP-042.06.01/ y'IZ VOL 2186 PG 37 OR 23) /40 566 09 / s S44'52'13"E 12.42' S59'24'11 "W 17.24' POINT OF BEGINNNING TEMPORARY WORKSPACE #2 155 SF 0.004 AC 01 AP ON2• 01 . \� OF 4okq,QG 69,2 G LINE TABLE I LINE# BEARING DISTANCE I L1 N14'19'28"W 30.86' I L2 S34'06'04"E 29.68' I L3 S5924'11"W 10.46' (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.0001391 V: \52871\ ACTIVE \187107355\DRAWING\285_)AEAP\EXHIBITS\07355V_285-EXHIBIT-042.06.01.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION 00t1 DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel 817-74 —7927 Fax: 817-744-7929 www.downtown—desian.com 2 03/02/11 AIM 1 02/25/11 SCO REV. DATE BY TP ADD TEMP WORKSPACE TF I CHANGED TRAP WORKSPACE APP. ( DESCRIPTION PROPOSED PIPELINE CROSSING TRACT TX-TARR-MEAP-042.06.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY WORKSPACE MERCADO TO ARC PARK DRAM BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED AY JSS 01/15/10 PE1A 01/15/10 SCALE: 1' = 60' 0 30' 60' SHEET 3 OF 4 EXHIBIT i �i DESCRIPTION OF TEMPORARY WORKSPACE #1 A TEMPORARY WORKSPACE ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 2186 AT PAGE 37 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 2186 AT PAGE 37 FROM WHICH A FOUND 1/2" IRON MONUMENTING THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 35W SHOWN ON STATE PROJECT NUMBER I35W-5(5)425 BEARS N57'48'10"W 43.11 FEET; THENCE ALONG SAID NORTHERLY BOUNDARY N59'24'11"E 36.99 FEET; THENCE S21'36'11"E 122.38 FEET; THENCE S3118'53"E 51.10 FEET; THENCE S44'52'13"E 12.42 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID SOUTHERLY BOUNDARY S5924'11"W 17.24 FEET; THENCE PARALLEL WITH AND 20.00 FEET EASTERLY FROM SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES; 1. N34'46'34"W 71.17 FEET; 2. THENCE N30'09'33"W 113.03 FEET TO THE POINT BEGINNING; CONTAINING 4,411 SQUARE FEET OR 0.101 ACRES. DESCRIPTION OF TEMPORARY WORKSPACE #2 A TEMPORARY WORKSPACE ACROSS A PORTION OF THE PARCEL DESCRIBED IN VOLUME 2186 AT PAGE 37 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE EASTERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 2186 AT PAGE 37 FROM WHICH A FOUND 4"X4" TXDOT ALUMINUM CAP MONUMENTING THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 35W SHOWN ON STATE PROJECT NUMBER I35W-5(5)425 BEARS S66'09'50"W 345.72 FEET; THENCE ALONG SAID EASTERLY BOUNDARY S34'06'04"E 29.68 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID SOUTHERLY BOUNDARY S59'24'11"W 10.46 FEET; THENCE N1419'28"W 30.86 FEET TO THE POINT OF BEGINNING; CONTAINING 155 SQUARE FEET OR 0.004 ACRES. BASIS OF BEARING BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. DATE OF SURVEY: TODD FINCHER 02/26/09-01/04/10 R.P.L.S. NO. 5633 DATE OF SIGNATURE: 03/02/11 (CM) CONTROL MONUMENT (ASSESSORS DATA) - APPROXIMATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.0001391 V: \52871\ACTIVE\187107355\DRAWING\285-HEAP\EXHIBITS\07355V_285-EXHIBIT-042.06.01.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION CCf j DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY TX 76117 Tel 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com DRAWN BY CHECKED BY PROECT ENGINEER 1 102/25/11I SCOT IF I CHANGED TEMP WORKSPACE SECTION HERD REV. I DATE I BY I API'.I DESCRIPTION APPROVED BY PROPOSED PIPELINE CROSSING TRACT DC- TARR-MEAP-042 06 01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY WORKSPACE MERCADO TO ARC PARK JSS 01/15/10 SCALE 1' = 60' PELI 01/15/10 0 30' 60' SHEET 4 OF 4 EXHIBIT CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.05.01-042.07.01 VOL 1961 PG 622 (7R 22) yJQ- CITY OFTRFOORRT WORTH • TX-TARR-MEAP-042.06.01 VOL 2186 PG 37 (7R 23) CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.07.02 LOTS 1-9 BLK 6 WATSONS ADDITION VOL 204A PG 83 (SUED! 45290) CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.07.01.01 BLOCK 1 WATSONS ADDITION VOL 204A PG 83 (SURD/ 45290) CITY OF FORT WORTH BLOCK 2 WATSONS ADDITION VOL 204A PG 83 VOL 2214 PG 249 (SURD/ 45290) 2 \\ TARRANT COUNTRY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 1 LOT 10 8LK 6 WATSONS ADDITION VOL 204A PG 83 VOL 2195 PG 565 (SURD/ 45290) BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROXIMATE ABSTRACT UNE V: \52871\ACTIVE\187107355\DRAWING\285_MEAP\EXHIBITS\07355V_285-EXHIBIT-042.07.01.01-042.07.02.DWG TEXAS MIDSTREAM GAS SERVICES CC/ j DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com 5 4 3 2 1 REV. 03/02/11 SJTM TF 02/25/11 JMM TF 02/14/11 SJ,MI TF 01/18/11 ADA I TF 08/17/10 JSS I TF DATE BY I APP. REVISED TEMP WORKSPACE REVISED TEMP WORKSPACE REVISED TEMP WORKSPACE REVISED TEMP WORKSPACE REVISED TEMP WORKSPACE DESCRIP110N PROPOSED PIPELINE CROSSING TRACT TX-TARR-MEAP-042.07.01.01-042.07.02 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS MERCADO TO ARC PARK DRAWN BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED RY JSS 01/15/10 SCALE: Y =100' PEM 01/15/10 0 50' 100' SHEET 1 OF 5 EXHIBIT CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.06.01 VOL 2186 PG 37 (7R 23) CITY OF FORT WORTH TRACT TX-TARR-M EAP-042.07.02 LOTS 1-9 BLK 6 WATSONS ADDITION VOL 204A PG 83 (SUBDI 45290) POINT OF BEGINNING N5915'42"E 38.87' S89'46'32"E 16.26' •- 4 Olt 44v ) • LICENSE AREA TABLE CENTERLINE LENGTH LICENSE AREA TEMP. WORKSPACE ADD'L. WORKSPACE 353.74 FT 7,075 SF 25,002 SF N/A C Cf' (CM) FOUND 3/4" IRON ROD FOUND 2-1/2" TXDOT BRASS CAP (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT UNE 21.44 RDS 0.162 AC. 0.574 AC N/A DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com 5 03/02/11 SJTM TF 4 02/25/11 JMM TF I 3 02/14/11 SJTM TF I 2 01/18/11 AIM TF 1 08/17/10 JSS TF REV. DATE BY APP.I REVISED TEMP WORKSPACE REVISED TEMP WORKSPACE REVISED TEMP WORKSPACE REVISED TEMP WORKSPACE REVISED TEMP WORKSPACE DESCRIPTION p, co?' pEy 00, O of *ott�ep by2 G\ct oc,\scaN 1,21 O� GOOD4. G� 50\�p3 PG�e �P E Ps(' 0 P eo ) 0 1� 0� >O fit �1 Pe COMBINED SCALE FACTOR: 1.0001391 TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX-TARR-MEAP-042.07.01.01 042.07.02 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS LICENSE AREA MERCADO TO ARC PARK DRAWN BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED RY JSS 01/15/10 PEM 01/15/10 SCALE: 1" = 80• 0 30' 60' SHEET 2 OF 5 EXHIBIT PROPERTY DESCRIPTION OF LICENSE AREA A 20.00 FOOT LICENSE AREA ACROSS A PORTION OF LOT 1 BLOCK 1, LOTS 1-5 BLOCK 6, FORMER PURVIS AVENUE AND FORMER LYONS AVENUE WATSON ADDITION FILED IN VOLUME 204A AT PAGE 83 ALSO DESCRIBED IN VOLUME 2771 AT PAGE 53 AND VOLUME 2583 AT PAGE 416 ALL OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF LOT 1 BLOCK 1 WATSON ADDITION FILED IN VOLUME 204A AT PAGE 83 FROM WHICH A FOUND 2-1/2" TXDOT BRASS CAP ON THE EASTERLY RIGHT OF WAY LINE OF HIGHWAY 287 FILED IN VOLUME 3529 AT PAGE 562 OF THE TARRANT COUNTY RECORDS BEARS S1738'52"W 26.28 FEET; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID LOT 1 N5915'42"E 38.87 FEET; THENCE S89'46'32"E 16.26 FEET; THENCE N69'53'51"E 248.99 FEET; THENCE S5615'50"E 83.34 FEET TO THE TO THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 2583 AT PAGE 416; THENCE ALONG SAID SOUTHERLY BOUNDARY S60'03'24"W 22.31 FEET; THENCE N5615'50"W 63.29 FEET; THENCE S69'53'S1"W 242.42 FEET; THENCE N89'46'32"W 53.18 FEET TO THE POINT BEGINNING; CONTAINING 7,075 SQUARE FEET OR 0.162 ACRES. (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT LINE V: \52871\ ACTIVE \187107355\DRAVANG\285_MEAP\EXHIBITS\07355V-285-EXHIBIT-042.07.01.01-042.07.02.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION flO f f DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY TX 76117 Tel 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com REV. 5 03/02/11 SJ1M' TF 4 02/25/I1l AIM I TF 3 02/14/11ISJTMI lF 2 01/18/11 LRAM I IF 1 08/17/1ol JSS I TF I DATE I BY I APP.I REVISED TEMP WORKSPACE REVISED TEMP WORKSPACE REVISED TEMP WORKSPACE REVISED TEMP WORKSPACE REVISED TEMP WORKSPACE DESCRIPTION PROPOSED PIPELINE CROSSING TRACT TX-TARR-MEAP-042.07.01.01 042.07.02 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY WORKSPACE MERCADO TO ARC PARK DRAWN BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED RV JSS 01/15/10 PEM 01/15/10 SCALE: 1" = N/A SHEET 3 OF 5 EXHIBIT CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.06.01 VOL 2186 PG 37 (TR 23) CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.07.02 LOTS 1-9 BLK 6 WATSONS ADDITION VOL 204A PG 83 (SUBD/ 45290) POINT OF BEGINNING #1 oct ,ph QG 409\cps 221 *et- gyp\ . (Sit a*��PR N5915'42"E 20.88' 89°46'32"E 53.18' CM) N89'46'32"W 55.46' -p • 4 tit 441v 4 FOUND 3/4" IRON ROD pN2. ORS p1 OF p.c (CM) 01 FOUND 2-1/2" TXDOT BRASS CAP \5 L9. G�\ d%0 F POINT OF BEGINNING #2 S60'03'24"W 25.98' S29'56'36"E 37.70' Nk Lss, p O Z \ Lis Q P4' NOS cootd (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.0001391 V: \52871\ACTIVE \187107355\DRAWING\285JAEAP\EXHIBITS\07355V_285-EXHIBIT-042.07.01.01-042.07.02.DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE SUITE F HALTOM CITY, TX 76117 Tel 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com 5 03/02/11 SJTM 4 IO2/25/11 JMM 3 IO2/14/1fISJTM 2 101/18/11 I .1MM 1 I08/17/10I JSS REV.I DATE I BY TF REVISED TEMP WORKSPACE TF I REVISED TEMP WORKSPACE TF I REVISED TEMP WORKSPACE REVISED TEMP WORKSPACE REVISED TEMP WORKSPACE APP. I DESCRIPTION TF I Tr PROPOSED PIPELINE CROSSING TRACT TX-TARR-MEAP-042.07.01.01 042.07.02- CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY WORKSPACE MERCADO TO ARC PARK DRAWN BY CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED RY JSS 01/15/10 PEM 01/15/10 SCALE: I. = 80• 0 30' 60' SHEET4 0F5 EXHIBIT DESCRIPTION OF TEMPORARY WORKSPACE #1 A TEMPORARY WORKSPACE ACROSS A PORTION OF BLOCKS 1, 5, AND 6 AND FORMER LYONS AVENUE AND FORMER PURVIS AVE WATSON ADDITION FILED IN VOLUME 204A AT PAGE 83 ALSO DESCRIBED IN VOLUME 2771 AT PAGE 53, VOLUME 2583 AT PAGE 416 AND VOLUME 2691 AT PAGE 594 ALL OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID BLOCK 1 FROM WHICH A FOUND 2-1/2" TXDOT BRASS CAP ON THE WESTERLY BOUNDARY OF SAID BLOCK 1 BEARS S37'41'47"E 17.49 FEET; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID BLOCK 1 N59'15'42"E 20.88 FEET; THENCE S89'46'32"E 53.18 FEET; THENCE N69'53'51"E 242.42 FEET; THENCE S5615'50"E 63.29 FEET TO THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 2583 AT PAGE 416; THENCE ALONG SAID SOUTHERLY BOUNDARY S60'03'24"W 25.98 FEET TO THE EASTERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 2691 AT PAGE 594; THENCE ALONG SAID EASTERLY BOUNDARY 329'56'36"E 37.70 FEET; THENCE N56'15'50"W 65.26 FEET; THENCE S69'53'51"W 229.28 FEET; THENCE N89'46'32"W 55.46 FEET TO THE WESTERLY BOUNDARY OF SAID BLOCK 1; THENCE ALONG SAID WESTERLY BOUNDARY N37'41'47"W 37.09 FEET TO THE POINT OF BEGINNING; CONTAINING 14,072 SQUARE FEET OR 0.323 ACRES. DESCRIPTION OF TEMPORARY WORKSPACE #2 A TEMPORARY WORKSPACE ACROSS A PORTION OF BLOCK 6 AND FORMER LYONS AVENUE WATSON ADDITION FILED IN VOLUME 204A AT PAGE 83 ALSO DESCRIBED IN VOLUME 2583 AT PAGE 416 ALL OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 2583 AT PAGE 416 FROM WHICH THE EASTERLY RIGHT OF WAY LINE OF HIGHWAY 287 FILED IN VOLUME 3529 AT PAGE 562 MONUMENTED BY A FOUND 3/4" IRON ROD BEARS S3611'53"W 349.82 FEET; THENCE N5615'50"W 83.34 FEET; THENCE S69'53'51"W 22.72 FEET; THENCE N14'19'28"W 52.26 FEET TO THE NORTHERLY BOUNDARY OF SAID BLOCK 6; THENCE ALONG SAID NORTHERLY BOUNDARY N59'15'42"E 96.99 FEET; THENCE S29"56'36"E 130.25 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID SOUTHERLY BOUNDARY S607)3'24"W 51.71 FEET TO THE POINT OF BEGINNING; CONTAINING 10,930 SQUARE FEET OR 0.251 ACRES. BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. SURVEYOR'S CERTIFICATE TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ATTACHED LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. DATE OF SURVEY: 02/26/09-08/06/10 (CM) CONTROL MONUMENT (ASSESSORS DATA) APPROXIMATE ABSTRACT LINE V: \52871\ACTIVE\187107355\DRAWING\285JAEAP\EXHIBITS\07355V_285-EXHIBIT-042.07.01.01-042.07.02.DWG TEXAS MIDSTREAM GAS SERVICES TODD FINCHER R.P.L.S. NO. 5633 DATE OF SIGNATURE: 03/02/11 SEE SHEET 2 FOR LICENSE AREA INFORMATION DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY TX 76117 Tel 817-744-7927 For 817-744-7929 www.downtown—desion.com 5 4 3 2 1 REV. 03/02/11 SJTM TF 02/25/11I JAM I TF 02/14/11ISJDAI 7F 01/18/11 I JMM I TF 08/17/10I JSS 1F DATE I BY APP. REVISED TEMP WORKSPACE REVISED TEMP WORKSPACE REVISED 7E1P WORKSPACE REVISED MAP WORKSPACE REVISED TEMP WORKSPACE DESCRIPTION PROPOSED PIPELINE CROSSING TRACT 1X-TARR-MEAP-042.07.01.01-042.07.02 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS DESCRIPTION MERCADO TO ARC PARK DRAWN 8Y CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED RY JSS 01/15/10 PEA 01/15/10 SCALE: 1' =N/A SHEET 5 OF 5 EXHIBIT "B" ALIGNMENT SHEET(S) Open trench and boring areas Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 26 of 27 042.07.01.01 042.07.02 Z O 0 Fw z� DF 08 so z 'ON MN dIHSN3NMO og 149 It ION >91-931 ;& >-, a-j.3" ( , e> 91 - 18 2 ot:`Ro `/ '-zZI 1403 it02. ,rsc = i -p. 3ottat riot,. Fenn 50 Ste CS+Zil CT/ CCIZSI 01 a v> LP.>WE et f$' A''>"70 del ic11s Mt ,/1)1s-110 ;.fst Us> "_ kOra 1/> >',";'1t ra;1/ maad( )g, (roi 31386349 0 0 ei 13 1/1) s:;-nn=„ d rs3 _ ) s>,o ./e ,s 9c; A3131/1) 21 ` ono) Ec - CZ!) 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Ca ?ton 93+33L S31ONV 3SaEAV91 a ONINOIIVIS LN3,(NOL1V 33-373 toga re IO 3° 00l = 3lVOS 1V31193A zit ctn. ,00Z = 3-IVDS 1V1N0ZIEOH 1Itl130 31130bd 3d1d < s _,,Citte n3S<Or9E1019 - t.i _10 teaLLE 21,661 <a ania •xt 01,1 I C0 LoOtaotabl 1/3 COX (SUS ia-1i/0 ,,_i'a),s e �3Fz.oz :c0 Four. ma: 196-3-1 =,/3 c,3 en egani CrOC V 7e4t: 43390 ,n i;asi I 1fD 1/'L4E1t 110 - 33i a 0 as tO 188+00 190+00 4(0 COW v:_mc3 OD 1 cs 0 1 40 Z 0 CE LLJ -J ln Ca. 0 CC re 03 0 CC 5'Li 0 ti�=�,;r=� te 'I1Z'�3'I€'y131€i '"O1»»sue E; N o cs o R.R. r CY In cn - (1 z Z 0 0 21- 2D 0 w s o es z W C7 J 0 z LJ 0 0 o i88 z h y o V$ _ s s _eso lIn e0 E_ u8 az �� s _no CX os rE 3 10 4t Li 5 o 2 0 34- -,- .d.; l II I I 9.661 a a oy ot ®dos ot EXHIBIT "C" PARK RESTORATION AND RESEEDING SPECIFICATIONS Natural Gas Pipeline License Agreement Harmon Park- TX-TARR-MEAP- 042.02.01; 042.03.01; Page 27 of 27 042.07.01.01 042.07.02 SECTION 02300 - EARTHWORK PART 1 -GENERAL 1.01 SCOPE* Work in this section includes furnishing all labor, materials, equipment, and services required to construct, shape, and finish earthwork to the required lines, grades, and cross sections as specified herein and on the plans. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 02200 - Site Preparation. B. Grading Plan: Refer to plan sheets. 1.03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work. The total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis only. PART 2 - PRODUCTS 2.01 UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation, unless separately designated, withm the limits of the work. Unclassified excavation includes all material encountered regardless of its nature, or the manner in which it is to be excavated. 2.02 UNCLASSIFIED FILL A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native materials removed in unclassified excavation, or similar imported materials, shall be used insofar as practicable as unclassified fill. Properly deposited, conditioned, and compacted fill is hereinafter referred to as "earth embankment." Rock: Minor quantities of rock not greater than four inches in greatest dimension are pezrziissible in fill materials used to construct earth embankment. Minor quantities of rock of greater dimensions may be placed in the deeper fills in accordance with the State Department of Highways and Public Transportation requirements for construction of rock embankments provided such placement of rock is not immediately adjacent to structures or piers. Also, rock may be placed in the portions of embankments outside the limits of the completed graded width where the size of the rock prohibits their incorporation in the normal embankment layers. 2.03 TOPSOIL - On -Site Topsoil: Topsoil shall consist of an average depth of six inches of native surface soil left in place after the ground cover of herbaceous vegetation and other - objectionable matter has been cleared by "blading " as specified in Section 02200 "Site Preparation " Topsoil may be greater or less than the upper six inches (6") in depth. EARTHWORK 02300 t- 1 1 1 1 1 4 1 4 4 4 w 4 4 0 0 0 0 1 • • 0 a 4 0 0 1 2.04 IMPORTED FILL A. Imported fill materials shall be used for the construction of earth embankment in the event that; (1) the volume of unclassified excavation is less than the volume of fill required for earth embankment and/or; (2) the condition of materials removed in unclassified excavation makes them unsuitable for use in the construction of earth embankment B. The Developer/Contractor shall haul and place imported fill obtained from off site sources as necessary to construct the embankment and various other details of the construction plans. All costs related to such imported fill will be included in the contract price, and no additional or separate payment for imported fill will be due the Contractor. C. A sample of the proposed imported fill must be provided by the Developer/Contractor and be approved by the Owner. In general, imported material must be equal to or better than native material in quality and engineering characteristics. The Owner may also require the Contractor to provided a material analysis test of the proposed fill. 2.05 SELECT MATERIALS A. Select materials shall be imported from offsite sources, unless they are available from specifically designated areas on the site as marked on the plans. 2.06 UNSUITABLE MATERIALS A. Topsoil, select material, imported fill, or unclassified fill to be used as finish grade top dressing will be declared as '"unsuitable" by the Owner if, in his opinion, any of the following conditions or matter and particles are present to a degree that is judged detrimental to the proposed use of the material. 1. Moisture 2. Decayed or undecayed vegetation 3. Hardpan clay, heavy clay, or clay balls 4. Rubbish 5. Construction rubble 6. Sand or gravel 7. Rocks greater than one half inch (1/2") diameter 8. Cementious matter 9. Foreign matter of any kind B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200. Wet Material: If fill material is unsatisfactory for use as embankment solely because of high moisture content, the Owner may grant the Developer/Contractor permission to process the material to reduce the moisture content to a usable optimum condition. EARTHWORK 02300 2- PART 3 - EXECUTION 3.01 SITE PREPARATION: In general, "site preparation,' as specified in Section 02200, shall be performed in advance of grading and earthwork operations and shall be completed over the entire area of earthwork operations. 3.02 TOPSOIL A. The removal and storage of topsoil shall occur after site preparation is complete and before excavation and embankment construction begin. Likewise, topsoil will be replaced after excavation and embankment construction are complete. B. Removal' Topsoil shall be stripped to an average depth of six inches from areas where excavation and embankment construction are planned Topsoil may be obtained from greater depths if it is uncontaminated by the substratum and it is of good quality, in the opinion of the Owner. C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will later receive the topsoil. Stockpiles shall be out of the way of earthwork operations in locations approved by the Owner Stored topsoil shall be kept separate from other excavated materials and shall be protected from contamination by objectionable materials that would render it unsuitable. D. Timing Topsoil will not be replaced (deposited) until construction activities are complete that would create undesirable conditions in the topsoil, such as overcompaction or contamination. Trenching for items such as electrical conduit and irrigation pressure lines must be complete before topsoil replacement may begin. E Replacement: Topsoil will be deposited in a single layer or lift. It will be placed, processed, compacted and graded to leave a finished layer of topsoil not less than five inches in depth. Unless otherwise indicated topsoil will be replaced over all areas of earthwork (including slopes), except where pavement is planned. F. Grading: Topsoil will be final graded to the elevations shown on the plans. Fine grading will be accomplished with a weighted spike harrow weighted drag tractor box blade light maintainer, or other acceptable machinery. All particles of the finish grade shall be reduced to less than one half inch (1-1/2") in diameter or they shall be removed. All rocks of one inch or greater shall also be removed. Grading operations and equipment will be such that topsoil does not become overcompacted. Bulldozer blades and front-end loader buckets are not acceptable devices for topsoil grading operations. Final grading within five feet of constructed or installed elements shall be hand raked. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade, true in plane, even in gradient (slope), uniform in surface texture, and of normal compaction. Areas of loose granular pockets or of overcompacted soils are not acceptable and will be reworked. Finished areas will promote surface drainage and will be ready for turfgrass planting. EARTH WORK 02300 3- 3.03 UNCLASSIFIED EXCAVATION A. All excavated areas shall be maintained in a condition to assure proper drainage at all times, and ditches and sumps shall be constructed and maintained to avoid damage to the areas under construction. B. Surplus Material. 1. Surplus excavation is that quantity of material that may be left over after the grading plan is executed, and all earthwork operations, including excavation, embankment construction topsoil replacement, and final grading, are completed. Any other surplus material shall be disposed of as "waste" as specified in Section 02200. All such cost for removal shall be considered as incorporated into Earthwork costs C. Excavation. in Rock: The use of explosives will not be peunitted. Unless otherwise indicated on the plans, excavation in solid rock shall extend six inches below required subgrade elevation for the entire width of the area under construction and shall be backfilled with suitable materials as indicated on the plans. 3.04 EARTH EMBANKMENT A. Earth embankment is defined as embankment composed of suitable materials removed in unclassified excavation and/or imported fill. The construction of embankment includes preparing the area_on which fill is to be placed and the depositing, conditioning, and compaction of fill material. B. General: Except as otherwise required by the plans, all embankment shall be constructed in layers approximately parallel to the finished grade of the graded area, and each -layer shall be so constructed as to provide a uniform slope as shown on the grading plan. Embankments shall be constructed to correspond to the general shape of the typical sections shown on the plans, and each section of the embankment shall correspond to the detailed section or slopes established by the drawings After completion of the graded area, embankment shall be continuously maintained to its finished section and grade until the project is accepted. Preparation: Prior to placing any embankment, all preparatory operations will have been completed on the excavation sources and areas over which the embankment is to be placed The subgrade shall be proof rolled to detect soft spots, which if exist, should be reworked. Proof rolling shall be performed using a heavy pneumatc tired roller, loaded dump truck, or similar piece of equipment weighing approximately 25 tons except as otherwise specified for tree protection and areas inaccessible to vehicular compactors. Stump holes or other small excavations in the limits of the embankments shall be backfilled with suitable material and thoroughly tamped by approved methods before commencing embankment construction. The surface of the ground, including plowed loosened ground, or surfaces roughened by small washes or otherwise, shall be restored to approximately its original slope by blading or other methods, and, where EARTHWORK 02300 4- indicated on the plans or required by the Owner, the ground surface, thus prepared, shall be compacted by sprinkling and rolling. D. Scarification: The surface of all areas and slopes over which fill is to be placed, other than rock, shall be scarified to a depth of approximately six inches to provide a bond between the existing surface and the proposed embankment. Scarification shall be accomplished by plowing, discing or other approved means. Prior to fill placement, the loosened material shall be adjusted to the proper moisture content and recompacted to the density specified herein for fill E Benching: Scarification is normally adequate for sloping surfaces However, in certain cases where fill is to be placed against hillsides or existing embankment with slopes greater than 4:1, the Owner may direct the Developer/Contractor to key the fill material to the existing slopes by benching. A minimum of two feet normal to the slope shall be removed and recompacted to insure that the new work is constructed on a firm foundation free of loose or disturbed material. F. Depositing: Fill material shall be placed in horizontal layers or lifts, evenly spread, not to exceed eight inches (8") in loose depth before conditioning and compaction. Unless otherwise permitted, each layer of fill material shall cover the length and width of the area to be filled and shall be conditioned and compacted before the next higher layer of fill is placed. Adequate drainage shall be maintained at all times G. Watering: At the time of compaction, the moisture content of fill material shall be such that the specified compaction -will be obtained, and the fill will be firm, hard, and unyielding. Fill material which contains excessive moisture shallnotbe compacted until it is dry enough to obtain the specified compaction. H. Compacting: Each Layer of earth fill shall be compacted by approved tamping or sheepsfoot rollers, pneumatic tire rollers, or other mechanical means acceptable to the Owner. Hand -directed compaction equipment shall be used in areas inaccessible to vehicular compactors. I. Grading: Embankments shall be constructed in proper sequence and at proper densities for their respective functions. All embankment serves in one capacity or another as subgrade (e.g., under topsoil under concrete and asphalt pavement, under structures, etc.). Accordingly, the upper layer of embankment shall be graded to within plus or minus 0.10 foot of proper subgrade elevation prior to depositing topsoil, and prior to the construction of pavements slabs, etc. 3.05 DENSITY CONTROL A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a minimum of ninety percent (90%)of Standard Density ASTM D698 with plus four percent (4%) or minus two percentage (2%) points of optimum moisture content. B. Earth Embankment Under Structures and Pavement: The top six inches (6") of natural earth comprising the subgrade for structural slabs or for areas of pavement shall be ninety five percent (95%) to ninety eight percent (98%) of Standard Density ASTM EARTHWORK 02300 -5- D698 with the moisture content at minus two percent (2%) to plus four percent (4%) of optimum • 3.06 MOISTURE MAINTENANCE* The specified moisture content shall be maintained in all embankments that are to function as subgrade for structures, areas of pavement, or for select embankment. After completion of the embankment, the Developer/Contractor shall prevent excessive loss of moisture in the embankment by sprinkling as required Loss of moisture in excess of two percent (2%) below optimum in the top twelve inches (12") of the fill will require that the top twelve inches (12") of the embankment be scarified, wetted, and recompacted prior to placement of the structure, select fill or pavement. If desired, the Developer/Contractor may place an asphalt membrane of emulsified or cutback asphalt over the completed embankment and thus eliminate the sprinkling requirement. 3.08 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or damage to the subgrade If any of the subgrade is rutted, damaged or displaced it shall be restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02. END OF SECTION EARTHWORK 02300 &-6- SECTION 02830 - SEEDING PART 1- GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. Standardized'Plant Names 1 For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. 2. For native materials Manual of the Vascular Plants of Texas by Correll and Johnston Check List of Vascular Plants of Texas by Hatch Flora of North Central Texas by Shinners and Moller B Texas Highway Department: Standard Specifications for Construction, Item 164, Seeding for Erosion Control" and,Item,180, "Wildflower Seeding". 1.03 SUBMITTALS A. Seed 1. Vendors' certification that seeds meet Texas State seed law including: a. Testing and labeling for pure live seed (PLS) b. Name and type of seed 2. If using native grass or wildflower seed, seed must have been harvested within one hundred (100) miles of the construction site 3. All seed shall be tested in a laboratory with certified results presented to the City, in writing, prior to planting. 4. All seed to be of the previous season's crop and the date on the container shall be within twelve months of the seeding date. 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. Fertilizer 1. Unopened bags labeled with the analysis 2. Conform to Texas fertilizer law 1.04 JOB CONDITIONS A. Planting Season: The season varies according to species (see Part 2 - Products). Do not seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour. Schedule after all other construction is complete. SECTION 02930 - SEEDING -I- C. Protect and Maintain Seeded Areas 1. From erosion 2. From traffic and all other use 3. Until seeding is complete and accepted • 1.05 QUALITY CONTROL The Developer/Contractor who plants the seeds is responsible for daily supervision of his crew, and for the planting the seed and maintaining the seedlings until acceptable viable growth is achieved and the project accepted by the City. PART 2—PRODUCTS 2.01 MATERIALS A. Seed sle sei All seed, shall be planted at rates based on pure live seed (PLS = purity x germination) per acre. Substitution of individual seed types due to lack of' availability shall be determined only by the City at the time of planting. The Developer/Contractor shall notify the City of difficulties locating certain species. Only those areas indicated on the plans and areas disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in the field and approved by the City. Weed seed shall not exceed 10 percent by weight of the total of pure live seed (PLS) and other material in the mixture Johnsongrass and nutgrass seed shall not be allowed. The seed shall be clean, dry and harvested within one year of planting. 1. Non-native grass seed shall consist of: If planted between April 15 and September 10: Lbs./Acre Common Name Scientific Name. Purity Germination re 25 Bermuda (unhulled) Cynodon dactylon 85% 90% 75 Bermuda (hulled) Cynodon dactylon 95% 90% re NO 220 Rye Grass Lolium multiflorum 82% 80% a 40 Bermuda (unhulled), Cynodon. dactylon 84% 85% ma 2 Native grass seed - The seed shall be planted between February 1 and October 1 sia and shall consist of: Substitute the following if planted between September 10 and April 15: mafr Lbs. PLS/Acre Common Name Botanical Name Se SECTION 02930 - SEEDING sa -2- • 16 Green Sprangletop 40 Sideoats Grama* 64 Little Bluestem* 200 Buffalograss 40 Indian Grass* 16 Big Top Lovegrass* 16 Weeping Lovegrass 80 Canada Wild Rye* Leptochloa dubia Bouteloua curtipendula Schizachyrium scoparium Buchloe dactyloides Sorghastrum avenaceum Eragrostis hirsuta Eragrostis curvula Elymus canadensis var. canadensis *These grasses are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. 3 Wildflower seed - All wildflower seeds are to be hand broadcast, (see 3.02 A). The seed shall be planted between March 5 and May 31 or between September 1 and December 1 and shall consist of: Lbs. PLS/Acre 10 20 50 10 10 20 10 3 10 10 Common Name Foxglove* Lanceleaf Coreopsis Bluebonnet Pink Evening Primrose Purple Coneflower* Indian Blanket Mexican Hat Maximilhan Sunflower* Winecup Lemon Mint* Botanical Name Penstemon cobaea Coreopsis lanceolata Lupinus texensis Oenothera speciosa Echinacea purpurea Gaillardia pulchella Ratibida columnaris Helianthus maximiliana Callirhoe involucrata Monarda citriodora *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway 4. Temnorary erosion control seed When specified on the plans, temporary control measures shall be performed. These measures shall consist of the sowing of cool season plant seeds and the work and materials as required in_this section. B. Mulch 1. Mulch should be designed for use with conventional mechanical or hydraulic planting of seed, either alone or with fertilizer. 2. Mulch should be wood cellulose fiber produced from virgin wood or recycled paper -by-products (waste products from paper mills or recycled newspaper). 3. Mulch should contain no growth or germination inhibiting factors. 4. Mulch should contain no more than ten (10) percent moisture, air dry weight basis. 5. Additives shall include a binder in powder form. 6. Material shall fowl a strong moisture retaining mat. SECTION 02930 - SEEDING -3- 1 1 a • 1 a • a a a a a a C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. Analysis of 16-20-0, 16-8-8, or as designated on the plans. Fertilizer rate: a. No fertilizer is required for wildflower seeding b. Where applying fertilizer on newly established seeding areas — one hundred (100) pounds of Nitrogen per acre. c. Where applying fertilizer on established seeding areas — one hundred fifty (150) pounds of Nitrogen per acre. Water: Shall be furnished by the Developer/Contractor by means of temporary meterma / irritation, water truck or by any other method necessary to achieve a viable, acceptable stand of turf as noted in 3.04.B.2. The water source shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables Generally, an amount of water that is equal to the average amount of rainfall plus one half inch (1/2") per week should be applied for approximately two to three weeks or until project is accepted by the City. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope, use cellulose, fiber or recycled paper mulch, (see 2.01, B. Mulch and 3.03). 2. For seeding application in areas 3:1 slope or greater, use the following soil retention blanket (Follow the manufacturer's directions): "Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624, Arlington, Texas 76001, 1-800-777-SOIL. 2.02 MIXING Seed, mulch, fertilizer and water may be mixed provided that: 1. Mixture is uniformly suspended to form a homogenous slurry. 2. Mixture forms a blotter -like ground cover impregnated uniformly with grass seed. 3. Mixture is applied within thirty (30) minutes after placed in the equipment. SECTION 02930 - SEEDING 4- PART 3 — EXECUTION 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: 1. Stumps, stones, and other objects larger than one inch. 2. Roots, brush, wire, stakes, etc. 3. Any objects that may interfere with seeding or maintenance. B Tilling 1. In all compacted areas till one (1) inch deep. 2. If area is sloped greater than 3:1, run a tractor parallel to slope to provide less seed/water run-off. 3. In areas near trees: Do not till deeper than one half inch (1/2") inside "drip line" of trees. Watering: Soil should be watered to a minimum depth of four inches within forty eight (48) hours of seeding. 3.02 SEEDING A. If Sowing Seed By Hand 1. Broadcast seed in two directions at right angles to each other. 2. Harrow or rake lightly to cover seed. 3. Never cover seed with more soil -than twice its diameter. 4. For wildflower plantings, scalp existing grasses to one inch, remove grass clippings, so seed can make contact with the soil. Mechanically Seeding (Drilling): If mechanically seeding (drilling) the seed or seed mixture, the quantity specified shall be uniformly distributed over the areas shown on the plans or where directed. All varieties of seed, as well as fertilizer, may be distributed at the same time provided that each component is uniformly applied at the specified rate. Seed shall be drilled at a depth of from one quarter (1/4') inch to three eighths (3/8") inch utilizing a pasture or rangeland type drill All drilling is to be on the contour After planting, the area shall be rolled with a roller integral to the seed drill, or a corrugated roller of the "Cultipacker' type. All rolling of slope areas shall be on the contour. 3.03 MULCHING A. Apply uniformly after completion of seeding in areas up to 3:1 slope. Mulch may be applied concurrently with fertilizer and seed, if desired. Apply at the following rates unless otherwise shown on plans: 1. Sandy soils, flat surfaces - minimum 1,500 lbs /acre. 2. Sandy soils, sloping surfaces - minimum 1 800 lbs./acre. 3. Clay soils, flat surfaces - minimum 2,500 lbs /acre. 4. Clay soils, sloping surfaces _ minimum 3,000 lbs./acre. SECTION 02930 - SEEDING 5- 5. "Flat" and "sloping" surfaces will be shown on the plans if not visually obvious. C. Apply within thirty (30) minutes after placement in equipment. Keep mulch moist, by daily water application, if necessary: 1. For approximately twenty-one (21) days, or 2. Until seeds have gexmmated and have rooted in soil, (see 3.04. B.2) and project has been accepted by the City. 3.04 MAINTENANCE AND MANAGEMENT A. Includes protection, replanting, maintaining grades and immediate repair of erosion damage until the project receives final acceptance. B. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time, as determined by the City. 2. A ` stand" shall be defined as: a. Bermuda/Rye grasses: Full coverage per square foot established within two to three (2-3) weeks of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. b. Native grass and wildflowers: eighty percent (80%) coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. END OF SECTION 1 SECTION 02930 - SEEDING 6- SECTION 02930 - TURF SODDING PART 1- GENERAL 1.01. DESCRIPTION A. Work Included: This work includes all labor, materials and equipment for soil preparation, fertilization, planting and other requirements regarding turfgrass sodding shown on the plans. B. Related Work Specified Elsewhere: Section 02300, Earthwork. 1.02 REFERENCE STANDARDS A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. For native materials a. Manual of the Vascular Plants of Texas by Correll and Johnston b. Check List of Vascular Plants of Texas by Hatch c. Flora of North Central Texas by Shinners and Moller 1.03 SUBMITTALS Samples, certificates and specifications of sod, fertilizer, compost, soil amendments or other rnatenals may be requested by the City. All delivery receipts and copies of invoices for materials used for this work shall be subject to verification by the City. 1.04 PRODUCT DELIVERY; STORAGE AND HANDLING A. Sod: Harvesting and planting operations shall be coordinated with not more than forty eight hours elapsing between the harvesting and planting. B Fertilizer 1. Unopened bags labeled with the analysis. 2. Conform to Texas Fertilizer Law. 1.05 QUALITY CONTROL The Developer/Contractor who plants the sod is responsible for supervision of his crew, while planting the sod and maintaining the sod until the project is accepted by the City. TUFF SODDING 02930 -1- PART 2 - PRODUCTS 2.01 SOD A. The sod shall be Buchloe dactyloides ("Prairie" Buffalograss) and shall consist of stolons, leaf blades, rhizomes and roots with a healthy, virile system of dense, thickly matted roots throughout the soil of the sod for a thickness not less than one inch. Sod shall be alive, healthy and vigorous and shall be free of insects, disease, stones and undesirable foreign materials and grasses Sod shall have been produced on growing beds of clay or clay -loam topsoil. The sod shall not be harvested or planted when its moisture condition is so excessively wet or dry that its survival will be affected. If sod is stacked, it shall be kept moist and shall be stacked roots -to -roots and grass -to -grass. B. The sod shall be cut in strips four feet wide to be laid parallel with the contours. 2.02 FERTILIZER A. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. B. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area two weeks after sodding. C. All fertilizer shall have an analysis of 3-1-2 or as designated on the plans. 1'he fertilizer rate shall be 45 pounds of nitrogen per acre. 2.03 WATER The water shall" be furnished by the Developer/Contractor and shall be clean and free of industrial wastes or other substances harmful to the germination of the seed or to the growth of the vegetation. The amount of water will vary according to the weather variables. Generally, the sod should be soaked one time per day for three weeks or until established. Soaking is mandatory after spreading the fertilizer. 2.04 COMPOST All compost material is to be totally organic and decomposed for at lease nine months. All compost is to be clean and free of fungus, disease, live plants, seed, excessive cotton lint and any harmful chemicals. "New Life Soil Conditioner" or "Perma Green Compost", as specified below or an approved equal, shall be used. Raw organics are not acceptable. A. For soil with an alkaline pH condition: Use "New Life Acid Gro" (acid pH) soil conditioner as produced by Soil Building Systems of Dallas, or an approved equal. B. For soil with an acidic pH condition: Use "Perma Green Compost" by Texas Earth Resources, Inc. of Dallas, or "New Life Natural Grower" (ph 8.0 to 9.0) by Soil Building Systems, Inc., of Dallas. Sample and Specification Submittal: Submit a producer's specification and a quart sample of the compost proposed for the City's approval. TURF SODDING 02930 2- 1• tie 411, • • e r 0 • 4 t e • • 0 • • • • e t t I, PART 3 - EXECUTION 3.01 GENERAL All turfing operations are to be executed across the slope, parallel to finished grade contours. 3.02 SOIL PREPARATION A. Scarify subgrade to a depth of three inches before depositing the required topsoil. B. Tillage shall be accomplished to loosen the topsoil, destroy existing vegetation and prepare an acceptable sod bed. All areas shall be tilled with a heavy duty disc or a chisel - type breaking plow, chisels set not more than ten inches apart Initial tillage shall be done in a crossing pattern for double coverage, then followed by a disc harrow. Depth of tillage shall be five inches. A heavy duty rototiller may be used for areas to be planted with sod. C. Cleaning: Soil shall be further prepared by the removal of debris, building materials, rubbish, weeds and stones larger than one inch in diameter. D Fine Grading: After tillage and cleaning, all areas to be planted shall be topdressed with one-half inch compost and then shall be leveled, fine graded, and drug with a weighted spike harrow or float drag. The required result shall be the elimination of ruts, depressions, humps and objectionable soil clods. This shall be the final soil preparation step to be completed before planting. 3.03 PLANTING Prior to laying the sod, the planting bed shall be raked smooth to true grade and moistened to a depth of four inches, but not to the extent causing puddling. The sod shall be laid smoothly, tightly butted edge to edge, and with staggered Joints. The sod shall be pressed firmly into the sod bed by rolling or by hand tamping with an approved tamper so as to eliminate all air pockets, provide a true and even surface, and insure knitting without displacement of the sod or deformation of the surfaces of sodded areas. Following compaction, compost shall be used to fill all cracks between sods. Excess compost shall be worked into the grass with suitable equipment and shall be well watered. The quantity of compost shall be such that it will cause no smothering or burning of the grass. 3.04 FERTILIZING Twenty-one days after planting, turfgrass areas shall receive an application of 3-1-2 fertilizer at the rate of 45 pounds of nitrogen per acre. Water well after application to prevent burning. END OF SECTION TURF SODDING 02930 3- City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/3/2011 DATE: Tuesday, May 03, 2011 LOG NAME: 80HARMON PARK GAS PIPELINE SUBJECT: REFERENCE NO.: L-15178 Conduct a Public Hearing and Authorize the Use of a Portion of the Subsurface of Harmon Park for the Purpose of Installing a 20-Inch Natural Gas Pipeline and Authorize the Execution of a License Agreement with Texas Midstream Gas Services LLC, in the Amount of $104,720.65 (COUNCIL DISTRICT 8) 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 for the use of Harmon 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 Harmon 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 1 017 acres of dedicated parkland of Harmon Park for the installation of a 10 inch natural gas pipeline; and 5. Authorize the execution of a License Agreement with Texas Midstream Gas Services LLC, in the amount of $104,720.65. • Harmon Park - located at 1501 Martin Luther King Freeway, Mapsco: 63X-Y and 77B-C, east of North South FWY SR NB west of West Fork Trinity River, south of the Trinity Railway Express RR in COUNCIL DISTRICT 8. DISCUSSION. The Parks and Community Services Department (PACSD) has been approached by Texas Midstream Gas Services LLC , (TMGS) to install a natural gas pipeline in Harmon Park. The natural gas line will be servicing the Mercado to Arc Park pad sites The proposed alignment would allow for a 20 inch natural gas pipeline beneath the park. A 20-foot wide pipeline license agreement area is being requested and the requested area equates to approximately 44,326.2 square feet (1.017 acres). The location of the pipeline was chosen in consideration of the Harmon Park Master Plan. TMGS has agreed to maintain a minimum depth of five feet for open trenched areas. The minimum bore depth will be 10 feet. Staff is recommending as a condition of granting this alignment, that TMGS be assessed the recommended standard fee of $47.25 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 Logname: 80HARMON PARK GAS PIPELINE Page 1 of 3 or appurtenances in public right-of-way. In this instance, a fee of approximately $104,720.65 will be assessed for approximately 2,216.31 linear feet of pipeline. TMGS has been made aware of the fee and is agreeable to the assessment. The funds generated from the assessment will be distributed in accordance with the City's Financial Management Guidelines, Gas Well Revenue Policy. A license agreement will be required. Customarily it is PACSD practice to avoid the removal of trees; however to preserve developable parkland it has been determined that removal of the trees impacted by the proposed pipeline alignment is necessary. There will be approximately nine trees that will be impacted ranging in size from six inch dbh to 12 inch dbh. In lieu of paying a mitigation fee toward tree replacement, TMGS has agreed to construct a 49,806 square foot parking lot, providing approximately 141 parking spaces as part of the mitigation for the trees and the license area. The proposed parking lot will provide additional parking area for the park and help reduce the overflow of cars currently parking along the Route 287 North -South Freeway service road. The proposed parking lot is identified on the Harmon Park Master Plan. The cost of the proposed parking lot is approximately $150,000.00. In order to ensure that the construction of the pipeline does not occur during the soccer season, TMGS will be constructing the pipeline during the off season field maintenance schedule which occurs from May 1, 2011 thru June 12, 2011. TMGS is prepared to start construction on May 4, 2011, in order to meet this timeline. On April 27, 2011, the Parks and Community Services Advisory Board (PACSAB) will make a recommendation to the City Council on the use of parkland at Harmon Park for the installation of a natural gas pipeline. In accordance with State law, the public notice was advertised in the Fort Worth Star - Telegram on April 5, 2011, Apri! 12, 2011 and April 19, 2011. 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 Brookside Neighborhood Association on April 11, 2011. Signage was posted at the site noting the proposed use and providing instructions for directing comments to the Parks and Community Services Department Staff will note any public comment received and result of PACSAB meeting during the public hearing Report of City Staff. Harmon Park is located in COUNCIL DISTRICT 8. 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/Account/Centers GC10 446300 006060001000 T127 446300 006127099901 CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers $52.360.32 $52.360.33 ATTACHMENTS 1. Accounting reords.pdf (CFW Internal) Susan Alan's (8180) Richard Zavala (5704) David Creek (5744) Logname: 8OHARMON PARK GAS PIPELINE Page 2 of 3 2. Aerial.doc (Public) 3. MAYOR AND COUNCIL COMMUNICATION alianment.doc (Public) 4. MAYOR AND COUNCIL COMMUNICATION alianment2.doc (Public) 5. MAYOR AND COUNCIL COMMUNICATION alianment3.doc (Public) 6. MAYOR AND COUNCIL COMMUNICATION parking Iot.doc (Public) 7. MAYOR AND COUNCIL COMMUNICATION Tree.pdf (Public) Logname: 8OHARMON PARK GAS PIPELINE Page 3 of 3