Loading...
HomeMy WebLinkAboutContract 43239CITY SECRETARYi lz` c7 CONTRACT NO. `7 NATURAL GAS FACILITIES LICENSE AGREEMENT HARMON FIELD PARK This NATURAL GAS FACILITIES 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 Ron Baranski, Manager, Midstream Property Rights. The following statements are true and correct and constitute the basis upon which the City of Fort Worth has executed this Agreement. A. Company wishes to construct the following natural gas facilities within the public park known as Harmon Field Park (the "Park"): (i) a Pipeline for the transportation of Gas through the Park with dimensions of seven hundred and forty-seven feet (747') by ten -feet (10'), more or less; (ii) an above -ground Valve Station with dimensions of thirty-five feet (35') by forty feet (40'), more or less; and (iii) an Access Drive with dimensions of ten feet (10') by twenty feet (20'), more or less (collectively, the "Facilities"). 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 Field Park as set out in Exhibit "A" in order to construct, operate and maintain its Facilities, 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Capitalized terms used in this Agreement and not otherwise defined within this Agreement shall have the following meanings: Access Drive shall mean that certain concrete roadway with dimensions of ten feet (10') by twenty feet (20'), more or less, that runs from the highway frontage road of northbound Texas State Highway 287 to the Valve Station and that is installed and constructed by Company in the Park in accordance with this Agreement. Affiliate shall mean any individual, partnership, association, joint stock company, limited liability company, trust, corporation, or other person or entity who owns or Natural Gas Pipeline License Agreement Harmon Field Park Page 1 of 27 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 Field Park in the location as set out in Exhibit "A" for (i) the construction, installation, maintenance and repair of Company's Facilities; and (ii) ingress and egress and the use of such Facilities for the transportation of Gas and maintenance of the Pipeline. 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 that entity. Customer shall mean any Person located, in whole or in part, within the City. Director shall mean the Director of PACSD or that individual's authorized representative. Facilities shall mean the Pipeline, Valve Station, and Access Drive as defined herein. Gas shall mean gaseous fuels such as natural gas, artificial gas, synthetic gas, liquefied natural gas, manufactured gas, or any mixture thereof. PACSD shall mean the City of Fort Worth Parks and Community Services Department. Park shall mean only that portion of the dedicated Harmon Field public park as identified in Exhibit "A" of this Agreement, attached hereto and hereby made a part of this Agreement for all purposes. Person shall mean, without limitation, an individual, a corporation, a limited liability 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 eight inch (8") nominal diameter pipeline for an approximate total distance of seven hundred and forty-seven feet (747') that is installed by Company in the Park in accordance with this Agreement and pursuant to the rules and regulations of the Railroad Commission of Texas. Valve Station shall mean that certain above -ground facility where the Pipeline interconnects with Company's pre-existing twenty -inch (20") gas gathering line; Natural Gas Facilities License Agreement llarmon Field Park Page 2 of 31 that is contained within a masonry -and -steel enclosure with outside dimensions of thirty-five feet (35') by forty feet (40'), more or less; and that is installed and constructed by Company in the Park in accordance with this Agreement. 2. GRANT OF RIGHTS. 2.1. General Use of Park for Transportation 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 Facilities under, along, and across the Park and (ii) transport Gas through the portions of its Pipeline under, along, and across the Park as depicted in Exhibit "A." Company hereby acknowledges and agrees that this Agreement allows only the transportation of Gas and does not allow Company to distribute, sell, or otherwise provide Gas to any Customer. 2.2. Nonexclusive. This Agreement and all rights granted to Company herein are strictly nonexclusive. The City reserves the right to enter into and grant other and future licenses and other authorizations for use of the Park to other Persons and entities in accordance with applicable law and as the City deems appropriate; provided, however, that as to the grant of subsequent licenses for use of the 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 mariner that does not result in unreasonable interference with Company's operation of the Facilities for the purposes provided for herein. This Agreement does not establish any priority for the use of the Park by Company or by any present or future licensees or other permit holders. In the event of any dispute as to the priority of use of the Park, the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. 2.3. Other Permits. This Agreement does not relieve Company of any obligation to obtain permits, licenses and other approvals from the City or other regulatory agency necessary for the construction, installation, maintenance or repair of Company's Facilities or the transportation of Gas through such Facilities. Natural Gas Facilities License Agreement Marmon Field Park Page 3 of 31 2.4. Bonds. Prior to the commencement of any construction work in the Park that requires a cut, opening or other excavation, Company shall deliver to the City bonds executed by a corporate surety authorized to do business in the State of Texas and acceptable to the City in the proportional amount of the cost of work under the construction contract or construction project that will be performed in the Park. The bonds shall guarantee (i) satisfactory compliance by Company with all requirements, terms and conditions of this Agreement and (ii) full payments to all persons, firms, corporations or other entities with whom Company has a direct relationship for the performance of such construction, maintenance or repairs. If any such construction, maintenance or 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 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 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. CT 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 Fifty Thousand and Sixty -Six Dollars and Eighty Cents ($50,066.80) ("License Fee"), which consists of Thirty Six Thousand, One Hundred and Fifty -Four Dollars and Eighty Cents ($36,154.80) for the Pipeline; Seven Thousand Dollars ($7,000.00) for the Valve Station; and Six Thousand, Nine Hundred and Twelve Dollars ($6,912.00) for the Access Drive. 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. Natural (ias Facilities License Agreement Ilarmon Field Park Page 4 of 31 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 or other taxing jurisdiction may from time to time impose on all other similarly situated entities within the City or taxing jurisdiction. Company shall reimburse the City for publication of this Agreement as required by the City's Charter. 4.3. Interest. All sums not paid when due shall bear interest at the rate of ten percent (10%) per annum or the maximum 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. 4.4. Donation for Future Park Improvements. In addition to any other payment required hereunder, the Company has agreed, on or prior to the Effective Date, to donate to the City the sum of Eighteen Thousand Dollars ($18,000.00) for future improvements at the Park ("Donation"). Company hereby acknowledges and agrees that the Donation is non-refundable and is being made as a sign of good will and appreciation for the Park and its users. 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 Facilities pursuant to the rules and regulations as adopted and modified by the Railroad Commission of Texas, and in this connection Company shall be subject to, be governed by and 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. Commencement Date and Pre -Construction Meeting Requirements. The proposed start date for this project is May 8, 2012 ("Commencement Date"). Company shall meet with appropriate City staff for the purposes of a Facilities pre - construction meeting prior to the Commencement Date. The purpose of the pre - construction meeting shall be to address issues related to the installation and construction of the Facilities, including, but not be limited to: (i) agreeing to the boundaries of any Natural Gas Facilities license Agreement Harmon Field Park Page 5 of 31 work areas to be used in the Park for purposes of trenching or for storing equipment and supplies; (ii) agreeing to and staking any access routes (the width of which shall not exceed twenty (20) feet) and any turnaround areas to be used for ingress, egress, and turnaround for vehicles; (iii) identifying trees within the Park (including those trees that are within fifty (50) feet of any access route) that are anticipated to be affected by the Facilities installation and therefore subject to required tree protection measures under this Agreement; and (iv) establishing the details for the restoration of those areas of the Park that are disturbed by or during installation. 6.1.2 Completion of Construction and Restoration; Liquidated Damages. All construction and installation of Facilities within the fenced portion of the Park shall be completed and new sod shall be placed on disturbed areas within the fence line on or before June 12, 2012 ("First Completion Deadline"). All construction and installation of Facilities outside of the fenced portion of the Park shall be completed and new sod shall be placed on disturbed areas outside the fence line on or before June 19, 2012 ("Second Completion Deadline"). All other restoration of the Park shall be completed on or before August 10, 2012 ("Restoration Deadline"). The parties acknowledge that unencumbered ingress and egress to the game fields and parking lot must be achieved by June 12.2012. To ensure Company's diligence in complying with this Agreement and to minimize impact to the Park, if the Company fails to meet either Completion Deadline or the Restoration Deadline, Company agrees to pay City liquidated damages of Two Thousand Six Hundred and Twenty Six Dollars ($2,620.00) per day for each day beyond the Completion Deadline, Restoration Deadline, or both that the Company continues to perform construction (for the Completion Deadline) or fails to restore the Park (for the Restoration Deadline). This amount is the equivalent of a monthly rental rate of approximately one dollar per square foot, which the parties agree reasonably approximates the actual damages to the City for delay in regaining full and unencumbered use of the property. This amount shall be proportionately reduced to reflect the percentage the overall property that has been restored and accepted by the City prior to the date on which liquated damages are to be imposed. If Company fails to meet a deadline but City staff sees evidence that Company is making diligent efforts to do so, the Director may, in exercise of his reasonable discretion, forgo the payment of all or part of the liquidated damages due hereunder. In addition, failure to complete construction or restoration in accordance with the schedule described above shall be deemed an Event of Default and be subject to the terms in Section 10.1 of this Agreement. 6.1.3. City Construction in Park. Prior to the Commencement Date, the City shall notify the Company of City plans that involve construction 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, licensees, or invitees, Company agrees to delay its construction for a period not to exceed five (5) business days, and City agrees to coordinate the inclusion of Company's construction requirements in overlapping areas of need. Natural (ias Facilities License Agreement Marmon Field Park Page 6of31 6.1.4. Park Events. Prior to the Commencement Date, the City shall notify the Company of planned events in the Park that may conflict with Company's construction schedule. In order to avoid any conflict with such events, Company agrees to schedule its construction to accommodate such event, and City agrees to coordinate the inclusion of Company's construction requirements in overlapping areas of need. 6.2. Compliance with Laws, Ordinances, Rules and 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 Facilities 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 Facilities do place an undue burden on any portion of the Park, Company, at Company's sole cost and expense and within a reasonable time period specified by the City, shall modify the Facilities or take other actions determined by the City to be in the public interest to remove or alleviate the burden. 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. Documenting Condition of Licensed Premises. Company must provide PACSD with videographic documentation of the condition of the license area, access routes, temporary workspaces, and the pre -construction condition of trees identified at the pre -construction meeting as such exist both before and after installation of the Facilities. All such video must include a visible date and time stamp indicating when the videography occurred. Company must submit documentation of the pre -installation condition on or before the Commencement Date. Post -installation documentation must be submitted no later than five (5) business days after the Restoration Deadline. PACSD personnel will distribute copies of the documentation to all appropriate City personnel to determine whether any damage has been done to the license area, access routes, or temporary workspaces. 6.4.2. Conformance with Plans. The Facilities will be constructed and operated in accordance with the specifications and in the areas of the Park indicated on Exhibit Natural Gas Facilities License Agreement Harmon Field Park Page 7of31 "B." No surface excavation or tree disturbance shall be allowed in the Park except where specified. 6.4.3. Pipeline Depth. For any installation by boring beneath the Park, the pipe shall be placed at a minimum depth of eight (8) feet unless otherwise specified in Exhibit "B." For any open trench installation within the Park, the pipe shall be buried at a minimum depth of four (4) feet unless otherwise specified in Exhibit "B." For purposes of this provision, the referenced depths shall be measured from the top of the pipe, as installed, to the surface of the Park. The City shall have the right, but not the obligation, to have an inspector present to verify the installed depth of the Pipeline. 6.4.4. Work Areas. Company shall specify work areas prior to construction and shall survey and stake said areas, notating the centerline and boundaries of the work areas as agreed upon at the pre -construction meeting held in accordance with Section 6.1.1. Travel outside of the designated areas shall not be permitted. Any equipment to be stored in the work area must be approved by the Director. No equipment may be stored within the Park at any location other than the designated work areas. 6.4.5. Trenching, Soil Replacement, and Compaction,. Any trenching required in connection with the installation of the Pipeline shall be performed by double -ditching, with the top twelve inches (12") of soil being removed and stored separately from the balance of the dirt being removed in making the ditch or trench for installation of the Pipeline. In backfilling after installation of the Pipeline, the topsoil that was removed first shall be placed back in the trench only after all remaining dirt has been resituated so as to result in the topsoil being returned to the top of the ditch. After trenches have been refilled, they shall be compacted to a minimum 90% Standard Proctor Density (S.S.T.M. D698). Following compaction, Company shall comb or rake the surface and remove any debris such as glass, pottery, or metal that is two inches across or greater. Following compaction and surface preparation and prior to performing restoration of the surface vegetation, Company shall provide PACSD with copies of all density testing and with written verification that all trenching, soil replacement, backfilling, and compaction were performed in accordance with the above requirements. If Company fails to provide written verification prior to restoring surface vegetation, City may, at its option, commission or perform its own testing to determine whether proper trenching, soil replacement, backfilling, and compaction have occurred. Company shall be responsible for reimbursing the City for its actual costs for any such testing and shall also be responsible for any costs associated with correcting any defects that such testing may reveal, including, but not limited to, costs associated with removing and replacing up to twelve inches (12") of dirt if it does not meet the requirements of Replacement Soil, performing additional compaction, and removing and re -installing new sod or other surface vegetation. Company shall place new sod on all surface areas that have been disturbed in the construction and installation process; for purposes of this requirement, surface areas shall be considered to be disturbed if they have been the site of trenching, bore pits, rutting, or other similarly invasive activities. Natural (;as Facilities License Agreement I larmon Field Park Page 8of31 6.4.6. Ingress and Egress. The Company shall use only those access routes agreed to and staked during the pre -construction meeting. Any access gates used by Company shall either remain locked at all times or, when opened for use by Company, be manned for security purposes. The Company will tandem lock all gates, so that the City will have access at all times and Company will not change or alter any City lock thereon without the City's permission. Company temporary access and turn around needs shall be agreed upon and staked during the pre -construction meeting. To the extent Company uses any existing Park roads as access routes, Company shall be responsible for restoring such roads to a condition that is at least as good as the one in which such roads existed before Company's construction activity. The width of temporary travel lanes shall not exceed twenty (20) feet, as outlined on the attached Exhibit "B." PACSD shall inspect temporary access routes after their construction and prior to their use to ensure compliance with the plan agreed upon at the pre -construction meeting held in accordance with Section 6.1.1. 6.4.7. Equipment. The area defined as a temporary workspace for equipment, storage of materials 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. 6.4.8. Equipment Travel. All equipment shall remain within the license area of the Park. Travel outside of such designated areas shall not be permitted. Pursuant to the terms of this Agreement, upon completion of construction, any damage from Company activity to cable fences and the Park surface shall be repaired or replaced to a condition that is at least as good as the one that existed prior to Company's construction activity in the Park, provided, however, Company shall immediately notify City of any damage during construction to utilities running through or servicing the Park. Upon notification, PACSD shall determine the method of repair, and Company shall provide for the immediate repair and for restoration of the disturbed area to a condition that is at least as good as the one that existed prior to the Company's construction activity in the Park. If Company fails to perform repairs in accordance with PACSD specifications, City may, at its option, provide for the repairs to be redone in accordance with PACSD specifications. Company shall be responsible for reimbursing the City for its actual costs for any such re -repair and shall also be responsible for the costs of performing any associated surface or Park restoration. 6.4.9. Tracer Wire. The Company shall have the right to lay tracer (tracking) wire on the surface of the Park to track the location of the bore during installation. 6.4.10. Temporary Fencing. The perimeter boundaries of all bore pit areas, travel ways, temporary workspace and any storage areas are to be fenced in accordance with fencing requirements agreed to by field representative of the Company and PACSD. All required fencing shall remain in place until such time as (i) the site has been restored by Natural Gas Facilities License Agreement Marmon Field Park Page 9of31 Company as provided in this Agreement and (ii) such restoration has been inspected and accepted by the Director. 6.4.11. Vegetation Requirements: Soil. At the pre -construction meeting, Director will identify trees that are anticipated to be affected by the Facilities installation and therefore are subject to protective measures as outlined herein, including, but not limited to, any trees that are within fifty feet (50') of any access route to be utilized by Company. Before beginning construction, Company will place orange mesh fencing around the critical root zone of each identified tree. Once the tree protection fencing has been installed, Company shall schedule a field inspection with PACSD to verify the location and installation of the fencing. Company shall ensure the fencing remains in place throughout construction and will take other reasonable measures to safeguard the identified trees. If any tree within the Park is damaged in connection with operations performed by or on behalf of Company, Company shall undertake remediation efforts, including paying of remediation costs, in accordance with Section 6.5. To minimize erosion and harm to grass or other ground cover plantings during the Facilities installation, Company shall provide ground cover for all disturbed surface areas. Ground cover must be approved by PACSD and may include a combination of straw, seeding, sod, or other materials. Following Facilities completion, Company will replant, reseed and water any area disturbed by the construction of the Facilities 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. Restoration of surface areas disturbed shall be sodded and maintained according to the specifications in Exhibit "C." In addition, at the pre -construction meeting, PACSD staff shall identify those portions of the Park that remain unrestored from Company's prior installation of the twenty -inch (20") gathering line; Company shall restore those areas in accordance with the terms of this Agreement on or before the Restoration Deadline, and failure to do so shall be treated in the same manner as any other failure to restore hereunder. Except as otherwise provided herein, Company shall stockpile any and all excavated soil from the Facilities construction for use in surface restoration. Importing of outside soil shall not be allowed without the Director's advance written approval. Prior to bringing outside soil into the Park, Company shall provide PACSD with written documentation from the soil provider describing the composition of the soil and certifying that the soil is free from waste and from contamination. If PACSD discovers that Company has imported soil without advance written approval, City may, at its option, have such soil removed and replaced with soil that complies with City requirements. Company shall be responsible for reimbursing the City for its actual costs for any such testing and for soil removal and replacement. Company shall also be responsible for any costs associated with correcting any related surface damage, including, but not limited to, costs associated with performing additional compaction and removing and re -installing new sod or other surface vegetation. Natural (;as Facilities License Agreement Harmon Field Park Page 10 of 31 6.4.12. Surface Monitoring for Release of Fluids. During periods of active boring, Company shall ensure that drilling mud pressures are continuously monitored and that the entire length of the drill bore is visually inspected at least once daily to check for any signs of drilling mud or other drilling -related fluid flowing up to the ground surface. If drilling mud or other drilling -related fluid is detected on the Park surface, Company shall ensure that the Director is notified immediately of the release. Company shall coordinate with the Director on a plan of action to address the fluid release and shall be allowed access to the Park for purposes of containment. At all times during boring operations, Company will have hard copies of the Material Safety Data Sheets and the appropriate storm drain grid maps and storm drain sheets on site at each drill location. Company shall ensure that sufficient City -approved materials are delivered to the site within twelve (12) hours of initial fluid detection to protect against drill mud or other drilling -related fluids entering the City's sanitary sewer or stormwater drainage systems. To determine the extent of any contamination, Company will ensure that testing is performed in and around the area of the release as required by the Director and shall provide the City with written copies of all the results of such testing. 6.4.13. Timelines for Required City Inspections. For purposes of the City inspections required under Sections 6.4.6, 6.4.10, and 6.4.11, if Company notifies PACSD before noon that a required measure is ready to be inspected, City shall perform the inspection before the close of the same business day; if Company notifies PACSD after noon that a required measure is ready to be inspected, City shall perform the inspection before noon on the next business day. If the City has not performed the inspection by the applicable deadline, the Company may proceed without the required inspection. 6.5. Damage to Trees During Construction, Maintenance or Repair. In the event of any damage to trees during the construction, maintenance or repair of the Facilities, Company shall comply with the following: 6.5.1 In General. 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. 6.5.1.1. Standards for Measuring Branches shall be measured at the point of attachment or at the lateral to which the branch would be pruned back under ANSI standards. Tree caliper shall be measured according to accepted industry standards. Trees greater than 6" in caliper shall be measured using diameter at breast height (DBH). 6.5.1.2. Slight Damage: Slight damage shall be defined as damage that, in the opinion of the City Forester, can be reasonably anticipated to heal. Examples include, but are not limited to, Natural Gas Facilities license Agreement I larmon Field Park Page 11 of 31 (i) scarring of the trunk into the cambial layer up to 2" in width but less than 1/3 of the trunk circumference; and (ii) breaking of limbs that are less than 2" in diameter and less than 1/3 of the trunk caliper. Remediation costs shall be assessed at a rate of $100.00 for each instance of slight damage. 6.5.1.3. Moderate Damage: Moderate damage shall be defined as damage that, in the opinion of the City Forester, can reasonably be anticipated to contribute to the poor health and slight - to -moderate reduction in longevity of the tree. Examples include, but are not limited to, (i) scarring of the trunk into the cambial layer greater than 2" in width but less than 1/3 of the trunk circumference; and (ii) breaking of limbs that are more than 2" in diameter but less than 1/3 of the trunk caliper. Remediation costs shall be assessed for each instance of moderate damage at the following rates: (i) for any tree that is more than 20 inches in caliper, the greater of: (A) one—half of the estimated value of the tree or (B) $300.00 per caliper inch; (ii) for any tree that is less than 20 inches in caliper, $300.00 per caliper inch. 6.5.1.4. Severe Damage: Severe damage shall be defined as damage that, in the opinion of the City Forester, can reasonably be anticipated to contribute to a severe reduction in longevity of the tree. Examples include, but are not limited to, (i) scarring of the trunk to the cambial layer greater in width than 1/3 of the trunk circumference; (ii) uprooting or causing a tree to lean; (iii) damage to a scaffolding branch or branch that is greater in diameter than 1/3 of trunk caliper; and (iv) removal of a tree. Remediation costs shall be assessed for each instance of severe damage at the following rates: (i) for any tree that is twenty-five (25) inches or less in caliper, the appraised value of the tree; (ii) for any tree greater than twenty-five (25) inches in caliper, twice the appraised value of the tree. 6.5.2. Payment of Remediation Costs. Company shall make payment for any such damages and must plant replacement trees for severely damaged trees at a location Natural (ias Facilities License Agreement Harmon Field Park Page 12 of 31 to be determined by PACSD. Replacement shall be made on caliper -inch -per -caliper - inch basis with a minimum size replacement tree of 2" in caliper. Company shall be responsible for the planting watering, mulching, and maintenance of replacement trees for a period of not less than 2 years from the date of planting. Replacement trees will be planted during the optimal planting season as directed by the City Forester. Any tree that does not survive the 2-year establishment period shall be compensated for by the Company to PACSD at a rate of $200.00 per caliper inch. 6.5.3. Applicability of City's Tree Ordinance. Remediation costs assessed hereunder constitute contractual damages intended to compensate the Parks and Community Services Department as custodian of the property and have no bearing on whether or to what extent any fines may be due under the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance. 6.6. Emertencv Procedures. 6.6.1. For purposes of this Section, a public emergency shall be any condition which, in the opinion of the City officials specified below, poses an 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 Facilities, 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 Facilities 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 Facilities that are 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 Facilities, the City will notify Company as soon as practicable so that Company may advise and work with the City with respect to such action. 6.6.2. The Company shall maintain written emergency response plans pursuant to applicable federal regulations, which are currently contained in 49 C.F.R. § 192.615, as from time to time adopted or amended. 6.6.3. In the event of an emergency that directly involves that portion of the Pipeline or other Facilities located in the Park and that necessitates immediate emergency response work or repairs, Company may initiate the emergency response work or repairs or take any action required under the circumstances provided that Company notifies the Natural Gas Facilities License Agreement 1larmon Field Park Page 13 of 31 City as promptly as possible. After the emergency has passed, Company shall apply for and obtain any applicable federal, state and local permits that may be required for the emergency work under applicable laws as such may be adopted and amended from time to time and shall otherwise fully comply with the requirements of this Agreement. 6.7. Surface Repairs Due to Installation or Other Company Activity. Following any construction activity by or on behalf of the Company that affects the surface of the Park (including construction activity related to initial installation, operation, maintenance, or removal of the Facilities), Company, at its sole cost and expense, and in a manner approved by the City, shall promptly restore any portion of the Park, Public Rights of Way, or other City -owned property that are in any way disturbed or damaged by the construction activity to a condition that is at least as good as the one in which such property was found immediately prior to the construction activity, including, but not limited to, repair of any City infrastructure and restoration of any vegetation. Unless otherwise specified in this Agreement or by the City, Company shall diligently commence such restoration within thirty (30) calendar days following the final date of construction activity by or on behalf of the Company. All materials for restoration of the Park shall be inspected and approved by the Director prior to placement. Any soil and grass used in connection with the restoration shall be accompanied by supporting documentation certifying that the quality meets or exceeds specifications required pursuant to the specifications attached in Exhibit "C". All planting material shall be inspected by the Director prior to installation. For purposes of this provision, if Company notifies PACSD before noon that the restoration material is ready to be inspected, City shall attempt to perform the inspection before the close of the same business day; if Company notifies PACSD after noon that the material is ready to be inspected, City shall attempt to perform the inspection before noon on the next business day. If the City has not performed the inspection by the applicable deadline, the Company's deadlines under Section 6.1.2 shall be extended by the difference between the City's deadline and the date and time at which the City actually performs the inspection. Company will water each affected area as many times as necessary until a stand of grass is established comparable to that which was originally in place before the construction activity. Surface areas to be restored shall be determined by the Director. To achieve compliance with this section, the parties agree to provide advanced scheduling and notice thereof whenever possible so that the Company's contractors and subcontractors and City's inspector can effectively coordinate scheduling and inspection of work in a reasonable and timely manner. In the event of a gas, drill mud, or other drilling -related spill, Company shall immediately notify the City and coordinate with the Director the removal of any and all contaminated soil from the property in accordance with all applicable federal, state, and local laws as such may be adopted or amended from time to time. For any construction activity other than initial installation of the Facilities, City and Company shall negotiate to establish a schedule for completion of the construction Natural Gas Facilities License Agreement Ilarmon Field Park Page 14 of 31 activity and restoration of any affected park areas with such agreed schedule to be memorialized via a memorandum signed by representatives of both the Company and City. To ensure Company's diligence in complying with any such schedule, Company's failure to meet the schedule shall be considered to be a failure to meet a Completion or Restoration Deadline (as appropriate) and subject to liquidated damages in accordance with Section 6.1.2 of this Agreement. 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 Facilities located in the City and the City's extraterritorial jurisdiction and maps showing such Facilities within ninety (90) calendar days following the completion of such Facilities. 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 Facilities are accurately reflected in the City's mapping system. 6.9. Specifications of the Facilities. The Company shall erect, install, construct, operate, repair, replace and maintain the Pipeline and other Facilities in accordance with the specifications in Exhibit "B" and pursuant to all applicable rules and regulations promulgated by the U.S. Department of Transportation, Office of Pipeline Safety, (including, but not limited to, those set out in the Code of Federal Regulations Title 49 Part 192) and as adopted and modified by the Railroad Commission of Texas. The Pipeline shall not exceed a nominal diameter of eight inches (8") and a license area width of no more than ten feet (10") within the Park as depicted on Exhibit "A." 6.10. Marking of Pipeline. The Pipeline and other Facilities shall be marked pursuant to the rules and regulations promulgated by the U.S. Department of Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations Title 49 Part 192 and as adopted and modified by the Railroad Commission of Texas, with signage that shall show conspicuously Company's name and a toll -free telephone number of Company that a person may call for assistance. 6.11. Surface Excavation and Additional Fees. The City shall have the right to coordinate all excavation work in the Park in a manner that is consistent with and convenient for the implementation of the City's program for public dedicated open space. In order to preserve the integrity of the Park, Company shall not cut, excavate or otherwise breach or damage the surface of the Park except as permitted under the terms of this Agreement. If Company desires to take any action at the Park involving cutting, excavating, or damaging the Park surface in a manner not permitted herein, the parties agree to negotiate in good faith to determine Natural Gas Facilities License Agreement llarmon Field Park Page 15 of 31 whether and under what conditions such action may be permitted and to establish a reasonable fee therefor; if the parties agree on terms, they shall execute an amendment to this Agreement memorializing same. 6.12. Relocation of Facilities. 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 Facilities 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 Facilities. 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, Company, at Company's sole cost and expense, shall remove the Valve Station and Access Drive and shall, at the City's option, either remove the Pipeline or cap and leave the Pipeline in place in accordance with applicable laws and regulations. If Company has not removed the Valve Station and Access Drive and either removed or capped the Pipeline (as approved by the City) within six (6) months following revocation, termination or expiration of this Agreement, the City may deem any portion of the Facilities remaining in the Park abandoned and may, 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 Facilities; 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 (i) by removal of the Valve Station and Access Drive and/or (ii) by removal (or, if consented to by the City, capping and leaving in place) of the Pipeline. If Company has not restored all such property within this time, the City, at the City's sole option, may perform or have performed any necessary restoration work, in which case Company shall immediately reimburse the City for any and all costs incurred in performing or having performed such restoration work. Natural Gas Facilities License Agreement Irarmon Field Park Page 16 of 31 7. LIABILITY AND INDEMNIFICATION. 7.1. Liability of Company. Company shall be liable and responsible for any and all damages, losses, liabilities (joint or several), payments, obligations, penalties, claims, litigation, demands, defenses, judgments, lawsuits, proceedings, costs, disbursements or expenses (including, 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 Facilities or any related facilities or appurtenances; (ii) the transportation of Gas through the Facilities; (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 FACILITIES, 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 FACILITIES OR ANY RELATED FACILITIES OR APPURTENANCES; (II) THE TRANSPORTATION OF GAS THROUGH THE FACILITIES; (III) ANY CLAIM OR LIEN ARISING OUT OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS; OR (IV) COMPANY'S FAILURE TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR REGULATION, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY THE NEGLIGENT ACT(S) OR OMISSIONS) OR INTENTIONAL MISCONDUCT OF THE CITY. Natural Gas Facilities License Agreement Harmon Field Park Page 17 of 31 7.3 Assumption of Risk and Environmental Remediation. COMPANY HEREBY REPRESENTS TO THE CITY THAT (i) COMPANY HAS FULLY INSPECTED THE PARK; (ii) COMPANY IS SATISFIED WITH THE CONDITION OF THE PARK; AND (iii) 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 Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder, the City shall give Company prompt written notice of the making of any claim or commencement of any such action, lawsuit or other proceeding, and Company, at Company's sole cost and expense, shall resist and defend the same with reasonable participation by the City and with legal counsel selected by Company and specifically approved by the City. In such an event, Company shall not admit liability in any matter on behalf of any Indemnitee without the advance written consent of the City. 8. INSURANCE. Company shall procure and maintain at all times, in full force and effect, a policy or policies of insurance to provide 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 Facilities, including the transportation of Gas through the Facilities. The required insurance can be met by a combination of self-insurance, primary and excess policies. Natural (ias Facilities License Agreement Harmon Field Park Page 18 of 31 8.1. Primary Liability Insurance Coveraee. • 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. • Properly Damaee 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 • Umbrella Policy (to extend or replace primary coverage once the aggregate limits of liability have been exhausted): $5,000,000 per occurrence/accident • Environmental Imnairment/Pollution Liability: $5,000,000 per occurrence • Worker's Compensation: As required by law; and, Employer's Liability as follows: $1,000,000 per accident. 8.2. Revisions to Required Coveraee. 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. 8.3. Underwriters and Certificates. Natural Gas Facilities License Agreement Harmon Field Park Page 19 of 31 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, or aggregate is otherwise approved by the City. 8.5. No Limitation of Liability. The insurance requirements set forth in this Section 8 and any recovery by the City of any sum by reason of any insurance policy required under this Agreement shall in no way be construed or affected to limit or in any way affect Company's liability to the City or other persons as provided by this Agreement or law. 9. DEFAULTS. The occurrence at any time during the term of this Agreement of one or more of the following events shall constitute an "Event of Default" under this Agreement: 9.1. Failure to Pay License Fee. An Event of Default shall occur if Company fails to pay any License Fee or other amount due hereunder on or before its 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, including, but not limited to, constructing and operating the Facilities in accordance with Section 6.9. 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 petition filed against it seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any laws relating to Natural (ias Facilities License Agreement Harmon Field Park Page 20 of 31 bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master, custodian or liquidator of Company, any of Company's property or any revenues, issues, earnings or profits thereof; (v) makes an assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as they become due. 9.4. Violations of the Law. An Event 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 Facilities 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 under Section 9.1 on account of Company's failure to make a required payment, such Event of Default shall be deemed an Uncured Default and the City shall have the right to terminate this Agreement immediately upon provision of written notice to Company. If an Event of Default occurs for a reason other than failure to make a required payment or failure to comply with Section 6.9, the City shall provide Company with written notice and shall give Company the opportunity to cure such Event of Default. For an Event of Default which can be cured by the immediate payment of money to the City, Company shall have thirty (30) days from the date it receives written notice from the City to cure the Event of Default. For any other Event of Default (other than a violation of Section 6.9), Company shall have thirty (30) days from the date it receives written notice from the City to cure the Event of Default. If the default cannot reasonably be cured within thirty (30) days, Company shall not be in default of this Agreement if Company commences to cure the default within the thirty (30) day period and continues diligently and in good faith to cure the default. The parties acknowledge that violations of Section 6.9 may not be curable in nature. Therefore, any violation of the requirements of Section 6.9 beyond the first violation shall be considered a Non -curable Event of Default. If any Event of Default is not cured in accordance herewith or is a Non -curable Event of Default, 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. Natural Gas Facilities License Agreement Harmon Field Park Page 21 of 31 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: 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 Facilities from and restore the Park as and when requested by the City. The City's right to terminate this Agreement under this Section 10.2.1 does not and shall not be construed to constitute any kind of limitation on the City's right to terminate this Agreement for other reasons as provided by and in accordance with this Agreement; provided, however, that Company may not abandon the Pipeline without the approval of the Commission or successor agency or other regulatory authority with jurisdiction, if such action without such approval is prohibited at the time by applicable federal or state law or regulation. 10.2.2. Legal Action against Company. Upon the occurrence of an Uncured Default, the City may commence against Company an action at law for monetary damages or in equity, for injunctive relief or specific performance of any of the provisions of this Agreement which, as a matter of equity, are specifically enforceable. 11. PROVISION OF INFORMATION. 11.1. Filings with the Commission. Company shall provide copies to the City of all documents which Company files with or sends to the Commission concerning or related to its transportation of Gas through or other operations in the City, including, but not limited to, filings related to (i) tariffs; (ii) rules, regulations and policies requested, under consideration or approved by the Commission; and (iii) applications and any supporting pre -filed testimony and exhibits filed by Company or third parties on behalf of Company, on the same date as such filings are made with the Commission. In addition, Company shall provide the City upon request with copies of records, documents and other filings that Company is required to maintain or supply to the Commission under any applicable state or federal Natural Gas Facilities License Agreement Harmon Field Park Page 22 of 31 law, rule or regulation concerning or related to its transportation of Gas through or other operations in the City. 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 respondeat 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 liable to City for any failure to perform hereunder by the affiliated assignee, and this provision shall thereafter be applicable to Company and such affiliated assignee. 14. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (i) hand -delivered to the other party, its agents, employees, servants or representatives, or (ii) received by the other party by United States Mail, postage prepaid, return receipt requested, addressed as follows: Natural Gas Facilities License Agreement Harmon Field Park Page 23 of 31 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 Throckmorton Fort Worth, TX 76102 15. NON-DISCRIMINATION COVENANT. To COMPANY: Texas Midstream Gas Services, L.L.C. Mr. Ron Baranski 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 Facilities. 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 Park, venue for such action shall lie exclusively in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. CONFERENCES. At the request of either the City or Company, the City and Company shall meet at reasonable times and upon reasonable notice to discuss any aspect of this Agreement, Company's Facilities, Company's operations in the City, Company's transportation of Gas or Company's use of the Park. Natural Gas Facilities License Agreement Harmon Field Park Page 24 of 31 19. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a fmal 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 fmal 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, natural disasters, City Construction as defined by Section 6.1.4, and Park Events as defined by Section 6.1.5. 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 Facilities License Agreement Harmon Field Park Page 25 of 31 EXECUTED as of the later date below: CITY OF FORT WORTH: By: anis Askant City Manager Date: drg11-6- APPROVED S TO FORM AND LEGALITY: By:1 Assisiant City orney M&C: L-15360 J. Kayser, City S TEXAS MIDST AM GAS SERVICES 9 By: . AKRon Ron a anski Manager, Property Rights Date: /49/ 1-7-e / (--- 4 11-1-pprovj 6-6 4', ey.14:4)i to I 16° 00 o o 4 di 8-40000000° a ktAXAS Natural Gas Facilities license Agreement llarmon Field Park Page 26 of 31 , OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this IR day of mm, 2012, by Susan Alanis, Assistant City Manager of the City of Fort Worth, Texas, a municipfil corporation, on behalf of the City of Fort Worth, Texas. r MY COMMISSION EXPIRES 1FGbluary 2, 2014 ,--- s`s1N{"t° :'• L NDA M. HERRUNGRR Natural Gas Facilities License Agreement Harmon Field Park Page27of31 (40160.-- Nofary Public, State of Texas My commission expires: ab <)--U My commission number: 1 a I u -& ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me on this j (0 day of 1 \O(.L 2012, by Ron Baranski, Manager, Property Rights, for Texas Midstream Gas Services, L.P.C. an Oklahoma limited liability company, on behalf of said company. LESLIE A CONNOR My Commission Expires June 8, 2014 Natural Gas Facilities I icense Agreement Marmon Field Park Page 28 of 31 Notary Public, State of Texas My commission expires: My commission number: EXHIBIT "A" PLATTED LEGAL DESCRIPTION Company may only use (i) approximately seven hundred and forty-seven linear feet (747') crossing the Park for the Pipeline; (ii) thirty-five feet (35') by forty feet (40') for the Valve Station; and (iii) ten feet (10') by twenty feet (20')for the Access Drive, as depicted below and on the following pages: F'an ,nt a ccG�,s tcp 'Jz3IVE �ts3tlon Surveys for Pipeline — Exhibits A2 (southern portion) and A3 (northern portion) Surveys for Valve Station —Exhibit A4 Natural Gas Pipeline License Agreement Harmon Field Park Page 29 of 32 Surveys for Northern Temporary Workspace — Exhibits A2 and A3 Surveys for Southern Temporary Workspace — Exhibits Al and A5 PACSD Maintenance Accost During Construction To remain unobstructed at all tines Natural Gas Facilities License Agreement Ilarmon Field Park Page 30 of 32 EXHIBIT A-1 INTERSTATE HWY 35W (ROW VARIES) EXHIBIT CITY OF FORT WORTH TRACT TX—TARR—WG1N-017.01 VOL 2473 PG 195 (77? 17) CITY OF FORT WORTH TRACT TX—TARR—WG1N-017.00 VOL 2458 PG 75 TRACTS 1, 2 AND 3 (TR 18 k 18A) aTY OF FORT WORTH WEST 100' OF BLOC( 4 EAST ADDITION VOL 106 PG 98 VOL 2829 PG 370 (SUBO% 10530) CITY OF FORT WORTH BLOC( 15 EAST ADDITION VOL 106 PG 98 (sus/10530) CITY OF FORT WORTH BLOCK 16 EAST ADDITION VOL 106 PG 98 (SURD( 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 UNE V: \52871 \ACTIVE\187107355\DRAWING\2010164_WG1N\EXHIBITS\2010164_WGIN EXHIBITS_017 00.DWG QDf` DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www.clowntown—desisp.com I REV 3/22/12 EJG DS DATE BY APP REVISED WORN SPACES DESCRIPTION TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX-TARR-WG1N-017.00 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS WEST GATE 1H NORTH ''Br I 'SS Br eCNEDY I PRO.f C T ENCWEER SECTION HEAD APPROVED RY 10'01''. SEAYE 10/07/n 0 SHEET 1 OF 3 25 50' EXHIBIT A-1 A CENTERLINE LENGTH 218.83 FT LICENSE AREA N/A TEMP. WORKSPACE I N/A ADD'L WORKSPACE I 15,524 SF DDf I EXHIBIT FOUND 1/2" IRON ROD (CM) CITY OF FORT WORTH TRACT TX- TARR-WG1N-017.01 VOL 2473 PG 195 (7R 17) _S16'19'38"E 32.16' 0 N59'21'21 "E 47.23' ADDITIONAL WORKSPACE 15,524 SF 0.356 AC POINT OF BEGINNING 0+44 4 J INTERSTATE HWY 35W (ROW VARIES) N74'29'30"E 28.16' 16 up, \o — CITY OF FORT WORTH WEST 100' OF BLOCK 4 EAST ADDITION VOL 106 PG 98 VOL 2829 PG 370 (5UB01 10530) 5 CITY OF FORT WORTH TRACT TX- TARR-WGIN-017.055 BLOCKS 4, 5, 6, 7, 12, 13, 14, 15 AND 16 4 EAST ADDITION VOL 106 PG 98 VOL 2510 PG 554 (SUB01 70530) -- CITY OF FORT WORTH TRACT TX- TARR-WG1N-017.00 VOL 2458 PG 75 TRACTS 1, 2 A D 3 (TR 18 & 18A) S16'29'09"E 178.65' S59'24'11"W 80.01' FOUND 1/2" (CM) IRON ROD T F trt o •� LAB Z0 FOUND 4"X4 TX DOT ALUMINUM CAP (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT UNE 15 14 EAST ADDITION VOL 106 PG 98 (5UB01 10530) CITY OF FORT WORTH VOL 1961 PG 622 (7R 22) COMBINED SCALE FACTOR: 1.0001391 V: \52871\ACTIVE\187107355\DRAWING\2010164_WG1N\EXHIBITS\2010164_WG1N_EXHIBITS_017 OO.DWG LICENSE AREA TABLE 1326 RDS1 N/A N/A 0 356 AC 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 I REV 3/22/12 EJG I OS I REVISED WORKSPACES DAZE BY I APP I DESCRIPTION TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX-TARR-WG1N-017.00 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS ADDITIONAL WORKSPACE WEST GATE 1H NORTH B, CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED BY JSS ,0/0 "1 SCALE 1" 100 10 10/07/11 I I 50 100' SHEET 2 OF 3 EXHIBIT A-1 EXHIBIT QE$CRIPTION OF ADDITIONAL WORKSPACE A PORTION OF TRACTS 1, 2 AND 3 TO THE CITY OF FORT WORTH AS DESCRIBED IN DEED RECORDED IN VOLUME 2458 AT PAGE 75 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, AND SITUATED IN THE BEN T CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 35W AS SHOWN ON STATE PROJECT -NUMBER I35W-5(5)425 AND THE SOUTHERLY BOUNDARY OF SAID TRACT 2 FROM WHICH A FOUND 1/2" IRON ON SAID EASTERLY RIGHT-OF-WAY LINE BEARS S1729'01"E 288.73 FEET; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE N15'30'30"W 219.28 FEET TO THE SOUTHERLY BOUNDARY OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2473 AT PAGE 195 FROM WHICH A FOUND 1/2" IRON ROD BEARS N1510'30"W 430.25 FEET; THENCE ALONG SAID SOUTHERLY BOUNDARY N5921'21"E 47.23 FEET; THENCE S1619'38"E 32.16 FEET; THENCE N74'29'30"E 28.16 FEET; THENCE S16'29'09"E 178.65 FEET TO THE SOUTHERLY BOUNDARY OF THE AFORESAID TRACT 2; THENCE ALONG SAID SOUTHERLY BOUNDARY S59'24'11"W 80.01 FEET TO THE POINT OF BEGINNING; CONTAINING 15,524 SQUARE FEET OR 0.356 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, DANIEL A. SMITH, REGISTERED PROFESSIONAL LAND SURVEYOR NO. 4645, STATE OF TEXAS, DO HEREBY CERTIFY THAT THE ABOVE DESCRIBED EASEMENT AND ATTACHED PLAT WAS PREPARED FROM AN ACTUAL AND ACCURATE ON THE GROUND SURVEY UNDER MY DIRECT SUPERVISION AND WAS PREPARED FROM PUBLIC RECORDS WITHOUT THE BENEFIT OF A COMMITMENT FOR TITLE INSURANCE. DATE OF SURVEY: DANIEL A. SMITH R.P.L.S. NO. 4645 (CM) CONTROL MONUMENT DATE OF SIGNATURE: (ASSESSOR'S DATA) APPROXIMATE ABSTRACT UNE COMBINED SCALE FACTOR: V: \52871 \ACTIVE\187107355\DRAWING\2010164_WG1N\EXHIBITS\2010164_WG1N_EXHIBITS_017 00 DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION I DDf 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 3/22/,2 DATE EJG DS ] RENSED WORN SPACES BY I APP DESCRIPTION PROPOSED PIPELINE CROSSING TRACT TX-TARR-WG1N-017.00 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS DESCRIPTION WEST GATE 1 H NORTH DRAMN BY CNECNED BY PROJLCI ENGINEER SECON HEAD APPROVED BY l55 I3 10/0l/'1 SCALE 1 - N, A SNEE1 S OF 3 EXHIBIT A-2 ONCOR ELECTRIC DELIVERY CO LLC TRACT A VOL 3339 PG 661 (TR 16A1) EXHIBIT K FO p g 00 SRWvOL 7726 P) CRY OF FORT WORTH TRACT TX—TARR—WG1 N-017.03 VOL 2458 PG 84 (TR 16A) CITY OF FORT WORTH TRACT TX—TARR—WG1 N-017.01 VOL 2473 PG 195 (TR 17) BLK 6 BLK 5 EAST ADDRION \ VOL 106 PG 98 (SUED# 10530) CITY OF FORT WORTH VOL 2458 PG 75 TRACTS 2 AND 3 (TR 18) BLK 7 TARRANT COUNTY WATER CONTROL VOL 2196 PG 209 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 (ASSESSOR'S DATA) — - - - — APPROXIMATE ABSTRACT LINE V: \52871 \ ACTIVE \187107355\DRAWING\2010164_WG1N\EXHIBITS\2010164_WG1N_EXHIBITS_017 01 DWG 5 03/30/12 JSS DS DOWNTOWN DESIGN SERVICES, INC. • 03 22/12 JOM os 2333 MINNIS DRIVE, STATE F 3 E03/08/124S..TM4. DS HALTOM CITY, TX 76117 2 0/06/11SJTM� rr Tel: 817-744-7927 Fax: 817-744-7929 1 06/2./1, JMM r< www.downtown—desian.com I REV DA E BY `APR REVISED WORKSPACES REVISEL WORKSPACES TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX—TARR—WG1N-017.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS WEST GATE 1H NORTH DRAWN By ASS I 06,15, I, SCALE , = 200 REVISED WORKSPACES CHEC0EDBV OS REVISED LICENSE AREA PROJECT ENGINEER REVISE ADDITIONAL WORKSPACE SECTION HEAD IAPPRRDVED DESCRIPTION 06/16/„ 0 100' 200 SHEET 1 OF 9 EXHIBIT A-2 CENTERLINE LENGTH 510.13 FT LICENSE AREA 5,101 SF TEMP WORKSPACE 37,014 SF ADD'L WORKSPACE 37,772 SF FOUND 3/4" IRON ROD (CM) A o GZ7 4- f FOUND 3/4" IRON ROD (CM) INTERSTATE HWY 35W (ROW VARIES) EXHIBIT CITY OF FORT WORTH TRACT TX-TARR-WG1N-017.03 VOL 2458 PG 84 (TR 164) 24'42'38"W 75.99' POINT OF BEGINNING N59'21'21 "E 10.73' 20 00 S61'10'07"W 10.28' ADDITIONAL WORKSPACE# 1 1,368 SF 0.031 AC CITY CLE PTIRT WCIPT41 IORKS AII C TRACT TX-TARR-WG1N-017.01 WORKSPAE# 1 VOL 2473 PG 195 14,415 SF (TR 17) 0.331 AC 10' LICENSE AREA 5,101 SF 0.117 AC 00 ONCOR ELECTRIC DELIVERY CO LLC PARCEL 10 VOL 1108 PG 125 CITY OF FORT WORTH BLOCK 6 EAST ADDITION VOL 106 PG 98 (SURD# 10530) -- TEMPORARY WORKSPACE# 2 6,551 SF 0.150 AC CITY OF FORT WORTH BLOCK 5 EAST ADDITION VOL 106 PG 98 (SURD/ 10530) CITY OF FORT WORTH \ BLOCK 4 EAST ADDITION VOL 106 PG 98 (SURD# 10530) CITY OF FORT WORTH TRACT TX-TARR-MEAP-042.04.01 VOL 2458 PG 75 TRACTS 2 AND 3 (TR 18) (CM) CONTROL MONUMENT (ASSESSOR'S DA TA) — - - - — APPROXIMATE ABSTRACT UNE COMBINED SCALE FACTOR: 1.00013910 V \52871 \ACTIVE\187107355\DRAWING\2010164_WG1N\EXHIBITS\2010164_WG1N EXHIBITS_017 01,DWG LICENSE AREA TABLE TEXAS MIDSTREAM GAS SERVICES 30 92 RDS 0.117 AC 0.850 AC 0 868 AC DIDf j 5 I03/30/12 JSS DS DOWNTOWN DESIGN SERHICES, INC. • 03,'22; 12 JDR DS 2333 MINNIS DRIVE, SURE F 3 I03; 08, , 2+S2tR` DS HALTOM CITY, TX 76117 2 0/06/11 SEITI.1 TF Tel: 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com 1 06/24/11 JMM REV I DATE BY TF APP PROPOSED PIPEUNE CROSSING TRACT TX-TARR-WG1N-017.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS LICENSE AREA WEST GATE 1H NORTH DRAW Br CAE CKEC BY PROJCC0 ENGINEER REVISE ADORIONAE WORKSPACE SEHEADCTION OESCRIPTION APPROVED RY REVSED WORKSPACES REV15EC WORKSPAC FS Rf VISE REVISED WORKSPACES LICENSE AREA 1SS 0615,'SCALE DS 06/16,11 IJO 0 50' 10C' SHEET 2 OF 9 EXHIBIT A-2 EXHIBIT PROPERTY DESCRIPTION OF LICENSE AREA A 10.00 FOOT LICENSE AREA ACROSS A PARCEL OF LAND DESCRIBED IN A DEED TO THE CITY OF FORT WORTH AS RECORDED IN IN VOLUME 2473 AT PAGE 195 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN F CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF SAID CITY OF FORT WORTH TRACT FROM WHICH A FOUND 3/4" IRON ROD BEARS N24'42'38"W 75.99 FEET; THENCE ALONG SAID NORTHERLY BOUNDARY N59'21'21"E 10.73 FEET; THENCE PARALLEL WITH AND 30.00 FEET EASTERLY FROM THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 35W AS SHOWN ON TEXAS DEPARTMENT OF TRANSPORTATION MAP FOR STATE PROJECT NUMBER 135W-5(5)425 THE FOLLOWING TWO (2) COURSES; 1. S09'27'04"E 121.11 FEET; 2. S15'30'30"E 389.24 FEET; THENCE S6110'07"W 10.28 FEET; THENCE PARALLEL WITH AND 20.00 FEET EASTERLY FROM SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES; 1. N15'30'30"W 392.14 FEET; 2. N09'27'04"W 117.76 FEET TO THE POINT OF BEGINNING; CONTAINING 5,101 SQUARE FEET OR 0.117 ACRES. (CM) CONTROL MONUMENT (ASSESSOR'S LT4TA) — — — — — APPROXIMATE ABSTRACT UNE V \52871 \ACTIVE\187107355\DRAWING\2010164_WG1N\EXHIBITS\2010164_WG1N.EXHIBITS_017 01 DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION �r DESIGN SERVICES, fpE/'E DOWNTOWN DESIGN SERVICES, INC. I03,22r'2' J04 2333 MINNIS DRIVE, SUITE F 3 j03/08/ 24i s.iru 14ALTOM CITY, TX 76117 2 ,D 11I9. 4 Tel: 817-744-7927 Fax: 817-744-7929 1 106/24/111 J44 TF www.downtown—deeian.com REV I DATE BY APP D5 REV/SEO w0R6 SPACES DS REVISED WORKSPACES TF REVISED LICENSE AREA REVISE ADDITIONAL PROPOSED PIPELINE CROSSING TRACT TX-TARR-WG1N-017.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS DESCRIPTION WEST GATE 1 H NORTH DR ,SS CNECKED I Ds BY PROJECT ENGINEER WORKSPACE sECACN MEAD 06 /, 5 , I SCA1_t 06,16/11 SHEET 3 0t 9 EXHIBIT A-2 Qri FOUND 3/4" IRON ROD (CM) /\ y I'1 13 rn ZO FOUND 3/4" IRON ROD (CM) 30 p0 EXHIBIT CITY OF FORT WORTH TRACT TX—TARR—WG1N-017.03 VOL 2458 PG 84 (TR 16A) N32'49'06"W �75.64' — POINT OF BEGINNING N5921'21 "E 64.35' INTERSTATE HWY 35W (ROW VARIES) N2013'52"W 364.37' 576'50 08"W \\\\ \ 60.17' \\ \\ \ \\ \\ \\ N15'30'30"W 27.69' N6110'07"E 10.28' ADDI110NAL WORKSPACE# 1 1,368 SF 0.031 AC TEMPORARY WORKSPACE# 1 14,415 SF 0.331 AC CITY OF FORT WORTH VOL 2473 PG 195 (TR 17) 10' LICENSE AREA 5,101 SF 0.117 AC POINT OF BEGINNING N74 ONCOR ELECTRIC DELIVERY CO LLC PARCEL 10 VOL 1108 PG 125 CITY OF FORT WORTH BLOCK 6 EAST ADDITION VOL 106 PG 98 (SUBD# 10530) -- TEMPORARY WORKSPACE# 2 6,551 SF 0.150 AC 66'51'21 "W 157.45' 4. 7 S15'50'48"E 10.00' 74'09'12"W 70.81' CITY OF FORT WORTH BLOCK 4 EAST ADDITION VOL 106 PG 98 (SUBD/ 10530) CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.04.01 VOL 2458 PG 75 TRACTS 2 AND 3 (TR 18) CITY OF FORT WORTH BLOCK 5 EAST ADDITION VOL 106 PG 98 (SURD/ 10530) (CM) CONTROL MONUMENT (ASSESSOR'S OATA) — - - - — APPROXIMATE ABSTRACT UNE COMBINED SCALE FACTOR: 1.00013910 V \52671 \ACTIVE\187107355\DRAWING\2010164 WG1N\EXHIBITS\2010164_WG1N_EXHIBITS_017 01 DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION 5 03/30/12 J55 D5 DOWNTOWN DESIGN SERVICES, INC. 4 03, 22,12 JD4 DS 2333 MINNIS DRIVE, SUITE F 3 403,0E/'2SJ u 50 HALTOM CITY, TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com I REV OATS BY I APP I IAPPRROVEO REVISED wORMSPACES REV!SEC wORMSPACES REVISED wORMSPACES DRAW By HECMEO BY 2 10/06/11 SJT4t TE I OLCT ENGINEER TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX-TARR-WG1N-017.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY WORKSPACE WEST GATE 1H NORTH J55 06 /15,1I DS 06/16,'1I REVISED LICENSE AREA I1 06/24/11! J10A TT `REVISE ADD110N41 WORRSPACEI MEAD DESCRIPTION SCALE I : 100 0 50 100 SHEET 4 OF 9 EXHIBIT A-2 CITY OF FORT WORTH TRACT TX-TARR-WG1N-017.03 VOL 2458 PG 84 (TR 16A) S70'38'39"E 34.97' N11'33'20"W 59.68' ONCOR ELECTRIC DELIVERY CO LLC TRACT B VOL 3339 PG 661 (TRS 17H, 28, 12, 22B) TEMPORARY WORKSPACE# 3 16,048 SF 0.368 AC EXHIBIT POINT OF BEGINNING CITY OF FORT WORTH TRACT TX-TARR-WG1N-017.01 VOL 2473 PG 195 (TR 17) 9" \\ 243.27 0 — — 174'14'42"W 30.08' ADDITIONAL WORKSPACE# 2 36,424 SF 0.836 AC CITY OF FORT WORTH BLOCK 7 EAST ADDITION VOL 106 PG 98 (SUBO/ 10530) FOUND 3/4" IRON ROD (CM) 10FIBER OPTIC EASEMENT PARCEL 13 VOL 11310 PG 438 // // 11 CITY OF FORT WORTH PORTION OF BLOCKS 8 & 11 EAST ADDITION VOL 106 PG 98 VOL 2458 PG 67 (SU80/ 10530) ll/ TARRANT COUNTY WATER CONTROL VOL 2196 PG 209 (CM) CONTROL MONUMENT (ASSESSOR'S DATA) — - - - — APPROXIMATE ABSTRACT UNE COMBINED SCALE FACTOR: 1.00013910 V: \52871\ACTIVE \187107355\DRAWING\2010164 WG1N\EXHIBITS\2010164_WG1N_EXHIBITS_017,01 DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION DDfj DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUfTE F HALTOM CITY, TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com 5 03/30/11 JSS D5 REVISED WORNSPAC ES ♦ : 03, 22/11 J04 DS RFJISED 'WORN SPACES 4- 1- 3 03; 08/1 SJT4 DS REVISED 'WORNSPAC ES 2 10/06/11 SJTM TE t RFVISED IICENSF AREA REV 06;24/11 298 OATS a TE APR TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX-TARR-WG1N-017.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY WORKSPACE WEST GATE 1H NORTH 304T*8' I AS O6 15 'I B CNEBrC6 ED I D5 06/16/11 RROLCT ENGINEER REVISE ADOITIONAE WORKSPACE SECTION I NERD DESCRIPTION APPR04CDI AT SCALE 1- ' 1D0 0 50 100 SHEET 5 0E 9 EXHIBIT A-2 EXHIBIT DESCRIPTION OF TEMPORARY WORKSPACE# 1 A TEMPORARY WORKSPACE ACROSS A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2473 AT PAGE 195 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN F CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF SAID TRACT FROM WHICH AN ANGLE POINT IN THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 35W AS SHOWN ON TEXAS DEPARTMENT OF TRANSPORTATION MAP FOR STATE PROJECT NUMBER I35W-5(5)425 MONUMENTED BY A FOUND 3/4" IRON ROD BEARS N32'49'06"W 75.64 FEET; THENCE ALONG SAID NORTHERLY BOUNDARY N59'21'21"E 64.35 FEET; THENCE PARALLEL WITH AND 90.00 FEET EASTERLY FROM SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: 1. S09'27'04"E 141.20 FEET; 2. S15'30'30"E 109.78 FEET; THENCE 578'50'08"W 60.17 FEET; THENCE PARALLEL WITH AND 30.00 FEET EASTERLY FROM SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES; 1 NW-TO'10"W 108.40 FEET; - 2. N09'27'04"W 121.11 FEET TO THE POINT OF BEGINNING; CONTAINING 14,415 SQUARE FEET OR 0.331 ACRES. DESCRIPTION OF TEMPORARY WORKSPACE# 2 A TEMPORARY WORKSPACE ACROSS A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2473 AT PAGE 195 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN F CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING IN SAID TRACT FROM WHICH AN ANGLE POINT IN THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 35W AS SHOWN ON TEXAS DEPARTMENT OF TRANSPORTATION MAP FOR STATE PROJECT NUMBER I35W-5(5)425 MONUMENTED BY A FOUND 3/4" IRON ROD BEARS N20'13'52"W 364.37 FEET; THENCE N74'09'12"E 374.60 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT; THENCE ALONG SAID SOUTHERLY BOUNDARY S66'51'21"W 157.45 FEET; THENCE S74'09'12"W 157.79 FEET; THENCE S15'50'48"E 10.00 FEET; THENCE S74'09'12"W 70.81 FEET; THENCE N6110'07"E 10.28 FEET; THENCE PARALLEL WITH AND 30.00 FEET EASTERLY FROM SAID EASTERLY RIGHT OF WAY LINE N15'30'30"W 27.69 FEET TO THE POINT OF BEGINNING; CONTAINING 6,551 SQUARE FEET OR 0.150 ACRES. DESCRIPTION OF TEMPORARY WORKSPACE# 3 A TEMPORARY WORKSPACE ACROSS A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2473 AT PAGE 195 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN F CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF SAID TRACT FROM WHICH THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2458 AT PAGE 84 MONUMENTED BY A FOUND 3/4" IRON ROD BEARS S7038'39"E 243.27 FEET; THENCE S11'33'20"E 34.36 FEET; THENCE S39'05'46"E 264.51 FEET; THENCE S11'33'20"E 225.97 FEET; THENCE 57414'42"W 30.08 FEET; THENCE N1113'20"W 220.82 FEET; THENCE N39'05'46"W 264.51 FEET; THENCE N11'33'20"W 59.68 FEET TO SAID NORTHERLY BOUNDARY; THENCE ALONG THE AFORESAID NORTHERLY BOUNDARY S7018'39"E 34.97 FEET TO THE POINT OF BEGINNING; CONTAINING 16,048 SQUARE FEET OR 0.368 ACRES. (CM) CONTROL MONUMENT (ASSESSOR'S DATA) - - - - - APPROXIMATE ABSTRACT LINE V' \52871 \ ACTIVE \187107355\DRAWING\2010164_WG1N\EXHIBITS\2010164_WG1N EXHIBITS_017 01 DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION DOWNTOWN DESIGN ��^��pp��//��/��� 5 03/30/I2 DOWNTOWN SERVICES, INC. 4 03. 2222 2333 MINNIS DRIVE, SUITE F 3 o3;De, 2 S,TM HALTOM CITY, TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www.downtown-desian.com I'° DDf' 1 '0/06, I' ss ADM S1TM 06/24/' DATE D5 REVISED WORKSPACES D5 PURSED WORK SPACES 4- - - DS REVISED WORKSPACES TT I REVISED LICENSE AREA JMM TT APP TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX-TARR-WG1N-017.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS DESCRIPTION WEST GATE 1H NORTH OR AO. BA CHECK ED RA PROECT ENGINEER 1S5 DS MP 6,D REVISE A0ORfON41 WORKSPACE ECAD DESCRIPTION APPROVED NT SCALE -+1)0' SHEE1 6 OF 9 EXHIBIT A-2 EXHIBIT CITY OF FORT WORTH TRACT TX—TARR—WG1N-017.03 VOL 2458 PG 84 (TR 16.4) FOUND 3/4" IRON ROD (CM)* 0 me z CO m� Ls� FOUND 3/4" IRON ROD (CM) INTERSTATE HWY 35W (ROW VARIES) N63'48'54"E 20.35' POINT OF BEGINNING N15'30'30"W 33.29' ADDITIONAL WORKSPACE# 1 1,368 SF 0.031 AC S59'21'21"W 47.23'' 0 TEMPORARY WaRKCPerr, 14,415 SF 0.331 AC CITY OF FORT WORTH TRACT TX —TARR —WG1N-017.01 _ VOL 2473—RG 195 (TR 17) 10' UCENSE AREA 5,101 SF 0.117 AC —N74'09'12"E 25.23' ONCOR ELECTRIC DELIVERY CO LLC PARCEL 10 VOL 1108 PG 125 CITY OF FORT WORTH BLOCK 6 EAST ADDITION VOL 106 PG 98 (SUBO# 10530) -- TEMPORARY WORKSPACE# 2 6,551 SF 0.150 AC CITY OF FORT WORTH BLOCK 5 EAST ADDITION VOL 106 PG 98 (SUBO/ 10530) 1619.38"E 24.8 ' CITY OF FORT WORTH BLOCK 4 EAST ADDITION VOL 106 PG 98 (SUBO# 10530) CITY OF FORT WORTH TRACT TX—TARR—MEAP-042.04.01 VOL 2458 PG 75 TRACTS 2 AND 3 (TR ra) (CM) CONTROL MONUMENT (ASSESSOR'S DATA) — - - - — APPROXIMATE ABSTRACT LINE COMBINED SCALE FACTOR: 1.00013910 V \52871 \ACTIVE\187107355\DRAVANG\2010164_WG1N\EXHIBITS\2010164_WGIN_EXHIBITS_017 01 DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION Doll DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel: 817-744-7927 TEXAS MIDSTREAM GAS SERVICES 5 J03/30/12 JSS D5 ' REVISED WORKSPACES 4 103, 22/'2 J0N D5 - 4 - 4 4 3 103.0E/'2 STMI D5 2 10/06/11 STM 1E Fax: 817-744-7929 www.downtown—desian.com I REv 06/24/'iI JM4 DATE BY TT ARP PROPOSED PIPELINE CROSSING TRACT TX—TARR—WG1N-017.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS ADDITIONAL WORKSPACE WEST GATE 1 H NORTH RE 215E-5 WORKSPACES DGAtlM4+ t REVISED WORKSPACES CHECKED Br REVISED LICENSE AREA PROJECT ENGINEER 55 75 06 /I 6 /1 REVISE ADDRIONAL WORKSPACE SECTION HEAD APPRDVED RT DESCRIPTION SC ALL ' -' O0 0 50 100 SHEET 7 OF 9 EXHIBIT A-2 EXHIBIT CITY OF FORT WORTH TRACT TX-TARR-WG1 N-017.03 VOL 2458 PG 84 (TR 16A) ONCOR ELECTRIC DELIVERY CO LLC TRACT B VOL 3339 PG 661 (TRS 17H, 28, 12, 128) TEMPORARY WORKSPACE# 3 16,048 SF 0.368 AC CITY OF FORT WORTH TRACT TX-TARR-WG1N-017.01 VOL 2473 PG 195 (TR 17) 0. ADDITIONAL WORKSPACE# 2 36,424 SF 0.836 AC S66'51'21"W 52.64' S74'14'42"W 50.00' 1 21 56611 CITY OF FORT WORTH BLOCK 7 EAST ADDITION VOL 106 PG 98 (5U80# 10530) FOUND 3/4" IRON ROD (CM) CO CO rn 1 CITY OF FORT WORTH PORTION OF BLOCKS 8 & 11 EAST ADDITION VOL 106 PG 98 VOL 2458 PG 67 (SU80# 10530) LINE# L1 L2 L3 L4 10' FIBER OPTIC EASEME HAKCLL 13 VOL 11310 PG 438 TARRANT COUNTY WATER CONTROL VOL 2196 PG 209 POINT OF BEGINNING LINE TABLE BEARING DISTANCE I N15'45'18"W S15'45'18"E N15'45'18"W S15'45'113"E 3.93' 9.12' 11.78' 1 B.26' (CM) CONTROL MONUMENT (ASSESSOR'S DATA) — - - - — APPROXIMATE ABSTRACT UNE COMBINED SCALE FACTOR: 1.00013910 V \52871 \ACTIVE\187107355\DRAWING\2010164_WG1N\EXH181TS\2010164_WG1N_EXHIBITS_017 01 DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F 3 HALTOM CITY, TX 76117 z Tel: 817-744-7927 Fax: 817-744-7929 I ' www.downtown—deeian.com I REY 5 iO3i30/121 JSS DS 103 22 "21 AA, D5 t 0308/'2 SJTIA, DS 110 06/II SITM 06/24/11 JAM DATE Br DRAWN dY CHECKED ` Br 1T REVISED LICENSE AREA I PRO,[EC1ER I ENGIN TT IREVISE ADDITIONAL WORKSPACEI SH€Ap APP I DESCRIPTION IAPPROVEDI RY REVISED WORKSPACES RE.''SFD WORKSPACES RE.'ISED WORKSPACES TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX-TARR-WG1N-017.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS ADDITIONAL WORKSPACE WEST GATE 1H NORTH JSS 06.,5,"I DS 06/16i111 SHEET 8 OF 9 SCALE 1 = 100 0 50' 100' EXHIBIT A-2 EXHIBIT DESCRIPTION OF ADDITIONAL WORKSPACE* 1 AN ADDITIONAL WORKSPACE ACROSS A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2473 AT PAGE 195 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN F CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 35W AS SHOWN ON TEXAS DEPARTMENT OF TRANSPORTATION MAP FOR STATE PROJECT NUMBER I35W-5(5)425 FROM WHICH AN ANGLE POINT IN SAID EASTERLY RIGHT OF WAY LINE MONUMENTED BY A FOUND 3/4" IRON ROD BEARS N15'30'30"W 396.97 FEET; THENCE N63'48'54"E 20.35 FEET; THENCE N74'09'12"E 25.23 FEET; THENCE S1619'38"E 24.88 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT; THENCE ALONG SAID SOUTHERLY BOUNDARY S59'21'21"W 47.23 FEET TO THE AFORESAID EASTERLY RIGHT OF WAY LINE; THENCE ALONG SAID EASTERLY RIGHT OF WAY UNE N15'30'30"W 33.29 FEET TO THE POINT ( RFr11dNIN CONTAINING 1,368 SQUARE FEET OR 0.031 ACRES. DESCRIPTION OF ADDITIONAL WORKSPACE.# 2 AN ADDITIONAL WORKSPACE ACROSS A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2473 AT PAGE 195 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN F CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING IN THE TRACT DESCRIBED IN SAID VOLUME 2473 AT PAGE 195 FROM WHICH THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2458 AT PAGE 84 MONUMENTED BY A FOUND 3/4" IRON ROD BEARS NO1'35'37"E 379.86 FEET; THENCE S15'45'18"E 105.33 FEET TO THE SOUTHERLY BOUNDARY OF SAID TRACT DESCRIBED IN VOLUME 2473 AT PAGE 195; THENCE ALONG SAID SOUTHERLY BOUNDARY S66'51'21"W 85.01 FEET; THENCE N15'45'18"W 3.93 FEET; THENCE S74'14'42"W 40.00 FEET; THENCE S15'45'18"E 9.12 FEET TO SAID SOUTHERLY BOUNDARY; THENCE ALONG SAID SOUTHERLY BOUNDARY S66'51'21"W 52.64 FEET; THENCE N15'45'18"W 11.78 FEET; THENCE S74'14'42"W 50.00 FEET; THENCE S15'45'18"E 18.26 FEET TO SAID SOUTHERLY BOUNDARY; THENCE ALONG SAID SOUTHERLY BOUNDARY S66'51'21"W 74.11 FEET; THENCE N15'45'18"W 144.24 FEET; THENCE N7414'42"E 300.00 FEET TO THE POINT OF BEGINNING; CONTAINING 36,424 SQUARE FEET OR 0.836 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: 10/21/10 - 02/28/12 DANIEL A. SMITH R.P.L.S. NO. 4645 DATE OF SIGNATURE: 03/22/12 (CM) CONTROL MONUMENT (ASSESSOR'S DATA) — - - - — APPROXIMATE ABSTRACT UNE COMBINED SCALE FACTOR: 1.00013910 V \52871 \ ACTIVE \187107355\DRAWING\2010164_WG1N\EXHIBITS\2010164_WG1N.EXHIBITS_017 01 DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION 5 0D/30/2 DOWNTOWN DESIGN SERVICES, INC. 4 I03 22/'2 2333 MINNIS DRIVE, SUITE F , '05,oe/Q HALTOM CITY, TX 76117 2 1,0/06/11 Tel: 817-744-7927 Fox: 817-744-7929 ' 106/24/„ `JVN www.downtown-deslQn.com DATE JSS DS LOU D5 SJDA D5 S 74 TF TT A REVISED WORKSPACES REVISED WORKSPACES REVISED WORKSPACES REVISED LICENSE AREA TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPEUNE CROSSING TRACT TX-TARR-WG1N-017.01 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS DESCRIPTION WEST GATE 1H NORTH DRAW, Rr CHFCKEC Br PROJECT ENGINEER REVISE AMNON& WORKSPACE 50051 DESCRIPTION APPRDVEDI RT 1SS JS O6/16/I1 SC AU. " - N A SHEET 9 OF 9 EXHIBIT A-3 ONCOR ELECTRIC DELIVERY CQ LLC TRACT A VOL 3339 PG 661 (TR 16A 1) W • W N M a ce ' • ZO CITY OF FORT WORTH TRACT TX-TARR-WG1 N-017.03 VOL 2458 PG 84 (TR 16A) EXHIBIT At F0510A8 GO CMictp,CYX-I � pG 16 VOL 28 (TR 26) FORT WORTH CITY OF FORT WORTH PCMI R & LIGHT TRACT PARCEL 10 TX-TARR-WG1N-017.01 • 1108 PG 125 VOL 2473 PG 195 (TR 17) CITY OF FORT WORTH VOL 2473 PG 195 (TR 17) TARRANT COUNTY WATER CONTROL VOL 2196 PG 209 BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. (CM) cow -Rot_ MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT LINE V \52871 \ ACTIVE \187107355\DRAWING\2010164_WG1N\EXHIBITS\2010164_WG1N_EXHIBITS_017 03 DWG DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www,downtown—deeian.com 2 03/06/,2 I REV 0/06/11 DATE SITM DS SITU TT BY I APP REVISED LICENSE AREA REVISED LICENSE AREA DESCRIPTION TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPEUNE CROSSING TRACT TX-TARR-WG1N-017.03 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS WEST GATE 1H NORTH DRAWN B+ CHEC✓ED BY PR0..CT ENGINEER .104 DS 06/I SECTION MEAD APPROVED! RE SCALE , 200 0 100 200 SHEET 1 OF 8 EXHIBITA-3 0 1n (0 IN N24'42'38"W \ i 75.99' WORTM EXHIBIT LAS Ec OR-( *OR0 caz Gt A OVO Aj72 001848 REFERENCE. BEARING N78 N76'33'49"E 10.51' 10' LICENSE AREA 2,243 SF 0.051 AC 10.00 FOUND 3/4" IRON ROD (CM) u) 0 An To 0 03 co o 20.00 ADDITIONAL WORKSPACE 6,124 SF 0.141 AC 11 } 60' TEMPORARY I WORKSPACE #1 12,812 SF 1 0.294 AC I 60.00 S59'21'21 "W 10.73' POINT OF BEGINNING '17"E (CM)FOUND ALUMINUM CAP CITY OF FT WORTH T X—TARR—WG 1 N—G 17.03 VOL 2458 PG 84 (7R 164) ONCOR ELECTRIC DELIVERY CO LLC TRACT A VOL 3339 PG 661 (TR 16A1) CITY OF FT WORTH TRACT TX—TARR—WG1N-017.01 VOL 2473 PG 195 (7R 17) (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT UNE COMBINED V \52871\ ACTIVE \187107355\DRAWING\2010164_WG1N\EXHIBITS\2010164_WG1N_EXHIBITS_017 03.DWG LICENSE AREA TABLE CENTERLINE LENGTH 224 35 FT 13 60 RDS LICENSE AREA I 2,243 SF 0.051 AC TEMP WORKSPACE I 15,191 SF 0 349 AC ADD'L WORKSPACE 1 6,124 SF II 0 141 AC DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel: 817-744-7927 Fox: 817-744-7929 www.downtown—desian.com 2703/06/12ISJTM DS 1 REVISED LICENSE AREA 1 10/06/11 SJTM 1f REVISED 110ENSF AREA REV I DAZE 8r AFT DESCRIPTION SCALE FACTOR:1.0001391 TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX—TARR—WG1N-017.03 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS LICENSE AREA WEST GATE 1H NORTH DRAW sNE sNIL BY JON I06 D.,'1 DS 06/15, 11 PROJECT ENGINEER SECTION I IAPPROVEDI flT STALE 0 25 50 SHEET 2 OF 8 EXHIBIT A-3 EXHIBIT PROPERTY DESCRIPTION OE LICENSE AREA A 10.00 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 F CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY BOUNDARY OF SAID PARCEL FROM WHICH A FOUND 3/4" IRON ROD AT AN ANGLE POINT IN THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 35W AS SHOWN ON TEXAS DEPARTMENT OF TRANSPORTATION MAP FOR STATE PROJECT NUMBER I35W-5(5)425 BEARS N24'42'38"W 75.99 FEET; THENCE PARALLEL WITH AND 20.00 FEET EASTERLY FROM THE EASTERLY RIGHT OF WAY UNE THE 1. N09'27'04"W 70.88 FEET; 2. N04'24'06"E 155.01 FEET; THENCE N76'33'49"E 10.51 FEET; THENCE PARALLEL WITH AND 30.00 FEET EASTERLY FROM SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: 1. SO4'24'06"W 157.01 FEET; 2. S09'27'04"E 65.79 FEET TO SAID SOUTHERLY BOUNDARY; THENCE ALONG SAID SOUTHERLY BOUNOARY S5921'21"W 10.73 FEET TO THE POINT OF BEGINNING; CONTAINING 2,243 SQUARE FEET OR 0.051 ACRES. (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT UNE V. \52871 \ACTIVE\187107355\DRAWING\2010164 WG1N\EXHIBITS\2010164_WG1 N_EXHIBITS 017 03.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—deeign.com 2 03/00/12 SITU D5 1D/De/11 IRE DATE SITU er IF APR REVISED LICENSE AREA REVISFD I ICENSE AREA DESCRIPTION TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPEUNE CROSSING TRACT TX-TARR-WG1N-017.03 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS PERMANENT DESCRIPTION WEST GATE 1H NORTH DRA*i BV CHF CKEE BV PROICT ENGINEER SECTION HEAD APPROVED flT AU D5 08 O. SCALE 1• .NA DB'15/11 SHEET 3 Of 8 EXHIBIT A-3 EXHIBIT gL FORT WORTH C1TRAT1ES OF DATA R-WG1N4818 N78p8 17"E TRAC VOL 772 26) 1848 8 REFERENCE BEARING ADDITIONAL WORKSPACE 6,124 SF 0.141 AC 60' TEMPORARY I WORKSPACE #1 10' LICENSE / 12,812 SF AREA 0.294 AC 2,243 SF -� 0.051 AC 71i 1 0. 00 --- _ 0 20.001 FOUND 3/4" .._..-1 IRON ROD I (CM) I N32'49'06"W 75.64' 60.00 0 0 of 0 0 m POINT OF BEGINNING (CM)FOUND ALUMINUM CAP CITY OF FT WORTH TRACT TX -TAR R -WG1N-017.03 VOL 2458 PG 84 (TR 16.4) ONCOR ELECTRIC DELIVERY CO LLC TRACT A VOL 3339 PG 661 (TR 16A1) CITY OF FT WORTH TRACT TX-TARR-WG1N-017.01 VOL 2473 PG 195 (TR 17) (CM) CONTROL MONUMENT (ASSESSOR'S OATA) APPROXIMATE ABSTRACT UNE COMBINED SCALE FACTOR: 1.0001391 V \52871\ ACTIVE \187107355\DRAWING\2010164_WG1N\EXHIBITS\2010164_WG1N_EXHIBITS_017 03 DWG TEXAS MIDSTREAM GAS SERVICES SEE SHEET 2 FOR LICENSE AREA INFORMATION DD(j DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel: 817-744-7927 Fox: 817-744-7929 www.downtown—deeign.com 2 103/00/'2 SJTM D5 1�0/06/11 SJ14 if RE DATE BY APR PROPOSED PIPELINE CROSSING TRACT TX-TARR-WG1N-017.03 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY WORKSPACE WEST GATE 1H NORTH REVISED _CENSE AREA R0.LC1 IERNaNEERI REVISED INCENSE AREA DESCRIPTION DQ 2 B, t.NE CUED I 106/15/„ BY SECT5Y� I NEAR IAPPRO'ED D5 .50 0 25 50 SHEET 4 OF B EXHIBIT A-3 S78'08'17"W 725.22' POINT OF BEGINNING ',CM) FOUND ALUMINUM CAP ONCOR ELECTRIC DELIVERY CO LLC TRACT A VOL 3339 PG 661 (TR 16A1) J 9 N� 8 34.9 9 EXHIBIT 10' FIBER OPTIC EASEMENT - PARCEL 13 VOL 11310 PG 438 S gG FORT W8 00 C"PC0F _i�6 PGG1848 VOL (TR 26) 03 (1', CITY OF FT WORTH I I TRACT TX-TARR-WG1N-017.03 VOL 2458 PG 84 (TR 16A) %. CITY OF FT WORTH TRACT TX-TARR-WG1N-017.01 VOL 2473 PG 195 (TR 17) \ \ TARRANT COUNTY WATER CONTROL FOUND 3/4" IRON ROD (CM) \ TARRANT COUNTY WATER CONTROL VOL 2196 PG 209 (CM) CONTROL MONUMENT (ASSESSOR'S CATA) APPROXIMATE ABSTRACT UNE COMBINED SCALE FACTOR: 1.0001391 V \52871 \ACTIVE\187107355\DRAWING\2010164_WG1N\EXHIBITS\2010164_WG1N. XHIBITS_017 03 DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION DD f l DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel: 817-744-7927 ' 2 Fax: 817-744-7929 www.downtown-deaign,com REV 03/08/12 SJTIA 10/06/11 SITU DATE I BY O5 1i APP REVISED LICENSE AREA REVISED LICENSE AREA DESCRIPTION TEXAS MIDSTREAM GAS SERVICES PROPOSEO PIPELINE CROSSING TRACT TX-TARR-WG1N-017.03 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY WORKSPACE WEST GATE 1 H NORTH DR.% By CHECKED BY PRO.EC t ENGINEER SECTION HEAD APPRDVED RT A4 DS 05 /15/' 1 SCALE 1 = 50 0 25 50 SHEET 5 OF 8 EXHIBIT A-3 EXHIBIT PROPERTY 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 F CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTHERLY BOUNDARY OF SAID PARCEL FROM WHICH A FOUND 3/4" IRON ROD AT AN ANGLE POINT IN THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 35W AS SHOWN ON TEXAS DEPARTMENT OF TRANSPORTATION MAP FOR STATE PROJECT NUMBER I35W-5(5)425 BEARS N32'49'06"W 75.64 FEET; THENCE PARALLEL WITH AND 30.00 FEET EASTERLY FROM THE EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: 1. N0727'€Yi1 6J.7y PL.i; 2. N04'24'06"E 157.01 FEET; THENCE N76'33'49"E 63.03 FEET; THENCE PARALLEL WITH AND 90.00 FEET EASTERLY FROM SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: 1. S0424'06"W 169.03 FEET; 2. S09'27'04"E 35.24 FEET TO THE SOUTHERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID SOUTHERLY BOUNDARY S59'21.21"W 64.35 FEET TO THE POINT OF BEGINNING; CONTAINING 12,812 SQUARE FEET OR 0.294 ACRES. PROPERTY DESCRIPTION OF TEMPORARY WORKSPACE #2 A 30.00 FOOT 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 F CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE NORTHERLY BOUNDARY OF SAID PARCEL FROM WHICH THE NORTHWEST CORNER OF THE PARCEL DESCRIBED AS TRACT A IN VOLUME 3339 AT PAGE 661 MONUMENTED BY A FOUND ALUMINUM CAP BEARS S78'08'17"W 725.22 FEET; THENCE ALONG SAID NORTHERLY BOUNDARY N78'08'17"E 30.00 FEET; THENCE S11'33'20"E 88.35 FEET TO THE SOUTHERLY BOUNDARY OF THE PARCEL DESCRIBED IN VOLUME 2458 AT PAGE 84; THENCE ALONG SAID SOUTHERLY BOUNDARY N70'38'39"W 34.97 FEET; THENCE N11'33.20"W 70.22 FEET TO THE POINT OF BEGINNING; CONTAINING 2,379 SQUARE FEET OR 0.055 ACRES. (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT LINE V \52871 \ ACTIVE \187107355\DRAMNG\2010164_WG1N\EXHIBITS\2010164_WG1N__EXHIBITS_017 03 DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION DD(' DOWNTOWN DESIGN SERVICES, INC. 2333 MINN'S DRIVE, SUITE F HALTOM CITY, TX 76117 1 Tel: 817-744-7927 Fax: 817-744-7929 www.downtown-deeign.com 03/06/12 '0/06/11 IREV DATE S,JTM DS S,JTM IF 8Y APP REVISED LICENSE AREA REVISED LICENSE ARG DESCRIPTION TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX-TARR-WG1N-017.03 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY DESCRIPTION WEST GATE 1H NORTH DRAW BY CHECRE Br PROJECT ENGINEER acnDN HEAD APPROVED RT 05 106/, 5/', SCALE SHEET 6 OF 8 EXHIBIT A-3 EXHIBIT AS &' FORTp*ORI CITES RA OFTX AT ARR p*G 1848OR BEARING � RINO TR ACT 18,00 VOL 7726 26) REFERENCE N7 ,34 p6" 66 g8, ADDITIONAL WORKSPACE 6,124 SF 0.141 AC POINT OF 1 I I 10 GINNING AREA I 2,243 SF -------• 0.051 AC 3 I I .i 8 I I • & I I o I I 20.00 FOUND 3/4" IRON ROD (CM) 94.55' J to to. 60' TEMPORARY I WORKSPACE #1 12,812 SF 0.294 AC I 60.00 78 '1 (CM)FOUND E ALUMINUM CAP CITY OF FT WORTH TRACT TX—TARR—WG 1 N-017.03 VOL 2458 PG 84 (TR 16A) ONCOR ELECTRIC DELIVERY CO LLC TRACT A VOL 3339 PG 661 (TR 16A1) CITY OF FT WORTH TRACT TX—TARR—WG1 N-01 7.01 VOL 2473 PG 195 (TR 17) (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT UNE COMBINED SCALE FACTOR: 1.0001391 V \52871 \ ACTIVE \187107355\DRAWING\2010164_WGIN\EXHIBITS\2010164_WGIN_EXHIBITS_017 03 DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION II TEXAS MIDSTREAM GAS SERVICES I � DCif j - L DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 2 03/0B/12 Tel: 817-744-7927 Fox: 817-744-7929 ,0/06/1, www.downtown—desiQn.com I REV DATE S TM DS DRAM Br -- - - ,AECAEo Br REVISED LICENSE AREA PROJECT ENGINEER PROPOSED PIPELINE CROSSING TRACT TX—TARR—WG1N-017.03 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS ADDIT1ONAL WORKSPACE WEST CATE 1H NORTH AR 06SL ALE 1 DSO DS 06,'15/,I SJTM BY IF APR REVISED LICENSE AREA DESCRIP0ON SECnON MEAD IAPPRDVED RY 0 25' 50' SHEET 7 OF 8 EXHIBIT A-3 EXHIBIT PROPERTY 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 F CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 35W AS SHOWN ON TEXAS _ -DEPARTMENT- OP FOUND 3/4* IRON ROD AT AN ANGLE POINT IN SAID EASTERLY RIGHT OF WAY LINE BEARS SO4'24'06"W 151.00 FEET; THENCE CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: 1. N04'24'06"E 42.05 FEET; 2. N09'29'12"E 37.96 FEET; THENCE N76'34'06"E 66.88 FEET FROM WHICH THE NORTHWEST CORNER OF TRACT A DESCRIBED IN VOLUME 3339 AT PAGE 661 BEARS N45'17'05"E 158.03 FEET; THENCE 513'25'54"E 74.99 FEET; THENCE S76'33'49"W 94.55 FEET TO THE POINT OF BEGINNING; CONTAINING 6,124 SQUARE FEET OR 0.141 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 CER11FIC9IE, 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: 10/21/10 - 02/28/12 (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT UNE V \52871 \AC11 VE\187107355\DRAWING\2010164_WG1N\EXHIBITS\2010164_WG1N EXHIBITS_017 03.DWG DANIEL A. SMITH R.P.L.S. NO. 4645 DATE OF SIGNATURE: 03/12/12 SEE SHEET 2 FOR LICENSE AREA INFORMATION DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117`D3/O8/12 S r4 Tel: 817-744-7927 Fax: 817-744-7929 www.downtown-deaign.com I REV 10/06/1I SJT4 DATE 1 BT TEXAS MIDSTREAM GAS SERVICES DS TT APP REVISED LICENSE AREA REVISED LICENSE AREA DESCRIPTION PROPOSED PIPELINE CROSSING TRACT TX-TARR-WG1N-017.03 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS ADDITIONAL DESCRIPTION WEST GATE 1H NORTH ORA'AN Br CHECKED BY PROJECT ENGINEER SECTION HEAD APPROVED PT JDY D5 06114.11 06 /15 /11 SCALE 1 . N A SHEET 8 OF 8 EXHIBITA-4 ONCOR ELECTRIC OELNERY CO LLC —TRIM A VOL 3339 PG 861 (TR 16A1) EXHIBIT do FO ppp TR ACT R0 - 1 646 pG VOL 7726 - CITY OF FORT WORTH VOL 2473 PG 195 (TR 77) FORT WORTH CITY OF FORT WORTH POWER do UGHT TRACT PARCEL 10 TX—TARR—WG1N-017.01 • 1106 PG 125 VOL 2473 PG 195 OR 17) TARRANT COUNTY WATER CONTROL VOL 2196 PG 209 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\ACT1VE\187107355\DRAWING\2010164_WG1N\EXHIBITS\2010164_WG1N__EXHIBITS_017.04.DWG DDf j DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www,downtown—Qeaian.com J-- 1 03/08/17 S,JT11 REV DATE I BY DS APR REVISED EASEMENT DESCRIPTION TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX—TARR—WG1N-017.04 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS WEST GATE 1H NORTH DRANK SOU Br ICHECKED DS BY PROJECT ENGINEER 10.07 'I 10/07/11 SEC110N MEAD APPROVED RY SCALE 1 . 200 0 100 200 SHEET 1 0E 3 EXHIBIT A-4 D ALL AS ELFORTOWB p0 C1IN ACTVOL 7726 P G1848 BEARING N78 VOL (TR 26) REFERENCE N13'25'54"W 35.00' 'o FOUND 3/4" IRON ROD (CM) N76.34 p6"E 4 to 3q Q6 40.00' POINT OF BEGINNING EXHIBIT / / (cm) .17"E / OUND ALUMINUM CAP ONCOR ELECTRIC DELIVERY CO LLC TRACT A VOL 3339 PG 661 / (IR 16,40 CITY OF FT WORTH TRACT TX—TARR —WG1 N —01 7.04 VOL 2458 PG 84 (TR 161) ygv 0 0 CITY OF FT WORTH TRACT TX—TARR—WG1 N-017.01 VOL 2473 PG 195 (TR 17) (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT UNE COMBINED V: \52871\ ACTIVE \187107355\DRAWING \2010164_WG1N\EXHIBITS\2010164_WG1N EXH181TS_017 04.DWG LICENSE AREA TABLE I CENTERLINE LENGTH N/AI N/A� UCENSE AREA 1,400 SF 0.032 AC TEMP. WORKSPACE N/A N/A ADD'L. WORKSPACE N/A I 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—deeian.com I REY D]J08/�7 S:TM' DS REVISED CASEMENT DESCRIPTION DRAW. B. CHECKED Br PROJECT ENGINEER 5ECT10N HEAD APPR0VFD flY SCALE FACTOR: 1.0001391 TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX—TARR—WG1 N-017.04 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS VALVE SITE WEST GATE 1H NORTH 5JT4 I 10; CT D5 It0/0l/., STALE 0 25 50 SHEET 2 OF 3 EXHIBIT A-4 EXHIBIT PROPERTY DESCRIPTION OF VALVE SITE 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 F CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING IN SAID PARCEL FROM WHICH A FOUND 3/4" IRON ROD AT AN ANGLE POINT IN THE EASTERLY RIGHT OF WAY UNE OF INTERSTATE 35W AS SHOWN ON TEXAS DEPARTMENT OF TRANSPORTATION MAP FOR STATE PROJECT NUMBER I35W-5(5)425 BEARS S10'31'21"W 157.29 FEET; THENCE N13.25'5_4N 35 00 FEET; TH CE-1Q7• vo t 4v.UU FttI I -ROM WHICH A FOUND ALUMINUM CAP AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED AS TRACT A IN VOLUME 3339 AT PAGE 661 BEARS N4112'13"E 210.89 FEET; THENCE S13'25'54"E 35.00 FEET: THENCE S76'34'06"W 40.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1,400 SQUARE FEET OR 0.032 ACRES. BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. $URVEYOR'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: 10/21/10 - 02/28/12 (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT UNE V \52871\ ACTIVE \187107355\DRAWING\2010164_WGIN\EXHIBITS\2010164_WGIN_EXHIBITS_017 04 0WG DANIEL A. SMITH R.P.L.S. NO, 4645 DATE OF SIGNATURE: 03/12/12 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-deaian.com 0/CTV STM1 DS REV DAZE I BY ARP ORAN. BY (HECKLE BY PROJEC ENGINEER REVISED EASEMENT SECTION MEAD DESCRIPTION APPRDVED RY TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPEUNE CROSSING TRACT TX-TARR-WG1N-017.03 CITY OF FORT WORTH COUNTY OF TARRANT, STATE OF TEXAS DESCRIPTION WEST GATE 1 H NORTH s.rn SCALt. SHEET J OF J EXHIBIT A-5 aTY OF FT WORTH TRACT TX -TARR-WGI N-017.01 VOL 2473 PG 195 (TR 17) CITY OF FORT WORTH -- TRACT TX- TARR-WG1 N-017.00 VOL 2458 PG 75 TRACTS 1, 2 AND 3 (TR 18 & 18A) 4 VOL 2829 PG 370 TRACT 3 TRACT 2 5 EXHIBIT ONCOR ELECTRIC DELIVERY CO LLC PARCEL 10 VOL 1108 PG 125 0 s `11P 14 f 15 VOL 2510 \ PG 554 6 CITY OF FT WORTH TRACT TX -TARR -WG1N - 01 7.01 VOL 2473 PG 195 (TR 17) VOL 406 PG 98 (BUBO,{' 10530) 13 CITY OF FT WORTH TRACT TX-TARR-WG1N-017.05 BLOCKS 4, 5, 6, 7, 8, 11, 12, 13. , 15 AND 16 EAST ADDITION VOL 106 PG 98 VOL 2510 PG 554 VOL 2829 PG 370 VOL 2458 PG 67 VOL 3197 PG 340 VOL 1961 PG 622 VOL 2186 PG 37 VOL 3197 PG 340 a it': (TR 22) OoG4 VOL 2186 PG 37 (TR 23) 11 VOL 2182 PG 46 VTARRANT COUNTY WATER CONTROL AND-- 1 DISTRICT NO. . TRACT TX-TARR WG1 N-017.07 VOL 2182 PG 48 BASIS OF BEARING: BEARINGS SHOWN HEREON ARE BASED ON US STATE PLANE NAD 83 COORDINATES STATE OF TEXAS NORTH CENTRAL 4202 ZONE. (CM) CONTROL MONUTAENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT UNE V: \52871\ACTIVE\187107355\DRAWING\2010164_wG1N\EXHIBITS\2010164_WG1N_EXHIBITS_017 05 DWG DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www.downtown—deaian.com REV DATE +- - + - +- - 1 ]/22/12 D/A I DS BY I APP REVISED WORKSPACES DESCRIPTION TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX-TARR-WG1N-017.05 CITY OF FT WORTH COUNTY OF TARRANT, STATE OF TEXAS WEST GATE 1H NORTH DRAWN BY CHECKED BY PRO.ECT ENGINEER SEcnw HEAD APPROVED RY SOU w SCALE 1• .150 0 75' 150' SHEET 1 OF 6 EXHIBIT A-5 A EXHIBIT CITY OF FT WORTH TRACT TX—TARR—WG1N-017.01 VOL 2473 PG 195 (7R 17) 1 51 A�J POINT OF BEGINNING TRACT 3 16 0�Zta tft 13. tP FOUND 1/2 IRON ROD LICENSE CENTERLINE LENGTH LICENSE AREA TEMP WORKSPACE ADO'L WORKSPACE \ 5 4 CITY OF FORT WORTH TRACT TX— TARR—WG1N-017.00 VOL 2458 PG 75 TRACTS 1, 2 AND 3 (7R 18 & 18A) N74'09'12"E 27.74' S15'50'48"E 15.00' N74.09'12"E \83.08' N15'50'48"W 15.00' AO6' N 15'50' 48"W 10.00' TEMPORARY WORKSPACE EAST ADDITION 11,254 SF VOL 106 PG 98 0.258 AC (SURD# 10530) 6 15 ADDITIONAL WORKSPACE# 1 32,591 SF 0.748 AC VOL 3197 PG 340 (7R 22) (CM) Q. LA 0 fD�y22 -' °(CM)\ FOUND 4"X4" TX DOT ALUM CAP VOL 2186 PG 37 (7R 23) (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT LINE 14 CITY OF FT WORTH TRACT TX—TARR—WG1N-017.05 BLOCKS 4, 5, 6, 7, 8, 11, 12, 13, 14, 15 AND 16 EAST ADDITION VOL 106 PG 98 VOL 2510 PG 554 VOL 2829 PG 370 VOL 2458 PG 67 VOL 3197 PG 340 VOL 1961 PG 622 VOL 2186 PG 37 , , 22? 5,4'0912 ONCOR ELECTRIC \ DELIVERY CO LLC - TRACT 1X-TARR-WG1N-017.06 TRACT B VOL 3339 PG 661 (TRS 17H, 28, 12, 228) V \52871 \ACTIVE\187107355\DRAWING\2010164_WG1N\EXHIBITS\201016 AREA TABLE N/A N/A N/A N/A 11,254 SF 0.258 AC1 79,589 SF 1 827 AC CIO/ 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 3/22/12 DATE JDM BY t COMBINED SCALE FACTOR: 4_WG1N,ExHIBITS_017 05 OWG 1.0001391 TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX—TARR—WG1N-017.05 CITY OF FT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY WORKSPACE WEST GATE 1H NORTH SCALE 1- _ 100 DRAW BY CHECKED BY PROJECT ENGINEER DS REVISED WORKSPACES SEN0110.1 ERD APP DESCRIPTION APPROVEDI RY 0 50' 100' SHEET 2 OF 5 EXHIBIT A-5 EXHIBIT pESCRIPTION OF TFJAPORARY WORKSPACE A TEMPORARY WORKSPACE ACROSS A PORTION OF BLOCKS 4, 5, 6 AND 7 EAST ADDITION FILED IN VOLUME 106 AT PAGE 98 ALSO DESCRIBED IN VOLUME 2510 AT PAGE 554 AND A ACROSS A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2829 AT PAGE 370 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN F CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: ACT C. :Ani,1 TIF\[:K1iiY11_41v 11EIn TH AS RECORDED IN VOLUME 2473 AT PAGE 195 FROM WHICH A FOUND 4"x4" TX DOT ALUMINUM CAP ON THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 35W AS SHOWN ON STATE PROJECT NUMBER 135W-5(5)425 BEARS S07'42'26"W 605.25 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID TRACT N66'51'21"E 157.45 FEET; THENCE N74'09'12"E 246.10 FEET: THENCE N15'50'48"W 15.00 FEET; THENCE N74'09'12"E 83.08 FEET; THENCE S15'50'48"E 15.00 FEET; THENCE N74'09'12"E 27.74 FEET TO THE WESTERLY BOUNDARY OF A TRACT OF LAND DESCRIBED AS TRACT 8 IN VOLUME 3339 AT PAGE 661; THENCE ALONG SAID WESTERLY BOUNDARY S43'55'12"E 34.00 FEET; THENCE S74'09'12"W 122.73 FEET; THENCE N15'50'48"W 10.00 FEET; THENCE S74'09'12"W 406.37 FEET TO THE POINT OF BEGINNING; CONTAINING 11,254 SQUARE FEET OR 0.258 ACRES. (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT LINE V; \52871 \ACTIVE\187107355\DRAWING\2010164_WG1N\EXHIBITS\ 2010164_WGIN_EXHIBITS_01705.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-deeign.com 3/27!17 JOU DS RENSED WORKSPACES REV DATE Br I APR DESCRIPTION oRA- Br CHECKED BY PROPOSED PIPELINE CROSSING TRACT TX-TARR-WG1N-017.05 CITY OF FT WORTH COUNTY OF TARRANT, STATE OF TEXAS TEMPORARY DESCRIPTION WEST GATE 1H NORTH sin H A 1s 10/,4/1, PROJECT ENGINEER SECTION HEAD APPRDVED r1r SHEET 3 OF 6 EXHIBIT A-5 J 0 a N19615'13"W 152.36' EXHIBIT CITY OF FT WORTH TRACT TX—TARR—WG1N-017.01 VOL 2473 PG 195 (TR T7) FOUND 1/2 IRON ROD N4 .1A $c"2 F oC. 4 CITY OF FORT WORTH TRACT TX—TARR—WG1N-'017.00 VOL 2458 PG 75 TRACTS 1, 2 AND 3 (TR 18 Ee 18A) / 6 5 TEMPORARY WORKSPACE EAST ADDITION 11,254 SF" VOL 106 PG 98 0.258 AC (BUBO/ 10530) / 15 ADDITIONAL WORKSPACE# 1 32,591 SF 0.748 AC N34'46'34"W 54.02' Tn FOUND 4"X4" TX DOT ALUM CAP VOL 3197 PG 340 (7R 22) S64'42'05"W 19.92' (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT UNE 14 13 PC) \\ PGQ �r- CITY OF FT WORTH TRACT TX—TARR—WG1N-017.05 BLOCKS 4, 5, 6, 7, 8, 11, 12, 13, 14, 15 AND 16 EAST ADDITION VOL 106 PG 98 VOL 2510 PG 554 VOL 2829 PG 370 VOL 2458 PG 67 VOL 3197 PG 340 VOL 1961 PG 622 VOL 2186 PG 37 COMBINED SCALE FACTOR: 1.0001391 V \52871\ ACTIVE \187107355\DRAWING\2010164_WG1N\EXHIBITS\2010164_WG1N_EXHIBITS_017 05 DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION DDf 1 TEXAS MIDSTREAM GAS SERVICES DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SURE F HALTOM CITY, TX 76117 — 1 Tel: 817-744-7927 Fax: 817-744-7929 }/zz 4bM 05 www.downtown—deaian.com REv I °AlE R. AP' REVISED WORX SPACES DESCRIPTION ORA. RY HF EXEC Rl PROJECT ENGINEER SECTOR HEAD APPROVED Rv PROPOSED PIPEUNE CROSSING TRACT TX—TARR—WG1N-017.05 CITY OF FT WORTH COUNTY OF TARRANT, STATE OF TEXAS ADDITIONAL WORKSPACE WEST GATE 1H NORTH SJTY •0'A'I'I SCALE ' = 100 0 50 100' SHEET 4 OF 6 EXHIBIT A-5 13 / (CM) 6 TEMPORARY WORKSPACE 11,254 SF' 0.258 AC FOUND 1/2 IRON ROD o gs 4.4:0 ICA, '�tJ ls�y�i EXHIBIT 10' FIBER OPTIC ESMT VOL 11310 PG 438 PARCEL 13 CITY OF FORT WORTH VOL 2473 PG 192 L7 (TR 17) L2 N6 L VOL 3197 PG 340 (TR 22) CITY OF FT WORTH TRACT TX-TARR-WG1N-017.05 BLOCKS 4, 5, 6, 7, 8, 11, 12, 13, 14, 15 AND 16 EAST ADDITION VOL 106 PG 98 VOL 2510 PG 554 VOL 2829 PG 370 VOL 2458 PG 67 VOL 3197 PG 340 VOL 1961 PG 622 (CM) VOL 2186 PG 37 FOUND 4"X4" TX DOT ALUM UNE TABLE UNE# BEARING DISTANCE L1 L2 L3 L4 L5 L6 L7 N15'45'18"W S15'45'18"E N74'14'42"E N15'4518"W I S15'45'18"E I N7414'42"E I N15'45'18-W 18.23' 31.74' 50.00' 38.22' 30.88' 40.00' 36.07' (CM) CONTROL MONUMENT (ASSESSOR'S DATA) APPROXIMATE ABSTRACT UNE COMBINED SCALE FACTOR: 1.0001391 W \52871 \ACTIVE\187107355\DRAWING\2010164_WG1N\EXHIBITS\2010164_WGIN_EXHIBITS_017 05.DWC SEE SHEET 2 FOR 1 LICENSE AREA INFORMATION I DOWNTOWN DESIGN SERVICES, INC. 2333 MINNIS DRIVE, SUITE F HALTOM CITY, TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www.downtown-deaian.com 1 REV 3/22/12 DATE .ENE Ds BY 1 APP RENSED WORN SPACES DESCRIPTION // TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX-TARR-WG1N-017.05 CITY OF FT WORTH COUNTY OF TARRANT, STATE OF TEXAS ADDITIONAL WORKSPACE WEST GATE 1H NORTH DRAM" By CNE CXED Ely PROJECT ENGINEER SECTION HEAD APPROVED flY SITW rc 0 50' 100' SHEET 5 OF 6 EXHIBIT A-5 EXHIBIT DECRIPTION OF ADDITIONAL WORKSPACE* 1 AN ADDITIONAL WORKSPACE ACROSS A PORTION OF BLOCKS 15, 16 AND THE 25—FOOT RIGHT OF WAY OF FORMER WATER STREET EAST ADDITION FILED IN VOLUME 106 AT PAGE 98 ALSO DESCRIBED IN VOLUME 2510 AT PAGE 554, ACROSS A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 3197 AT PAGE 340 AND ACROSS A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2186 AT PAGE 37 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN F CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 1/2" IRON ROD AT AN ANGLE POINT ON THE EASTERLY RIGHT OF WAY OF INTERSTATE 35W SHOWN ON STATE PROJECT NUMBER 135W-5(5)425; THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING TWO (2) COURSES: 1. THENCE N19'15'13"W 152.36 FEET; 2. THENCE N15'30'30"W 136.53 FEET TO THE SOUTHERLY BOUNDARY OF A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH (TRACT 2) AS RECORDED IN VOLUME 2458 AT PAGE 75; THENCE ALONG SAID SOUTHERLY BOUNDARY N59'24'11"E 80.01 FEET; THENCE S16'29'09"E 504.14 FEET CROSSING THE NORTHERLY BOUNDARY OF THE AFORESAID TRACT DESCRIBED IN VOLUME 3197 AT PAGE 340 AND CROSSING THE NORTHERLY BOUNDARY OF THE AFORESAID TRACT DESCRIBED IN VOLUME 2186 AT PAGE 37; FN, 04 +ice +u la 97 ccc r m C TERE'(-RIGH-i OF-1/10k1; THENCE ALONG SAID EASTERLY RIGHT OF WAY THE FOLLOWING TWO (2) COURSES: 1. THENCE N34'46'34"W 54.02 FEET; 2. THENCE N30'09'33"W 152.02 FEET TO THE POINT OF BEGINNING; CONTAINING 32,591 SQUARE FEET OR 0.748 ACRES. DESCRIPTION OF ADDITIONAL WORKSPACE* 2 AN ADDITIONAL WORKSPACE ACROSS A PORTION OF BLOCKS 7, 8, 11, 12 AND THE 25—FOOT RIGHT OF WAY OF FORMER WATER STREET EAST ADDITION FILED IN VOLUME 106 AT PAGE 98 ALSO DESCRIBED IN VOLUME 2510 AT PAGE 554, ACROSS A TRACT OF LAND DESCRIBED IN DEED TO THE CITY OF FORT WORTH AS RECORDED IN VOLUME 2458 AT PAGE 67 AND ACROSS A 10—FOOT FIBER OPTIC EASEMENT DESCRIBED AS PARCEL 13 IN VOLUME 11310 AT PAGE 438 OF THE RECORDS OF THE COUNTY OF TARRANT, STATE OF TEXAS, IN THE BEN F CROWLEY SURVEY, ABSTRACT 307, DESCRIBED AS FOLLOWS: BEGINNING ON THE EASTERLY BOUNDARY OF A TRACT OF LAND DESCRIBED IN DEED TO ONCOR DELIVERY CO. LLC (TRACT B) AS RECORDED IN VOLUME 3339 AT PAGE 661 FROM WHICH A FOUND 1/2" IRON ROD ON THE EASTERLY RIGHT OF WAY LINE OF INTERSTATE 35W SHOWN ON STATE PROJECT NUMBER I35W-5(5)425 BEARS S48'29'04"W 1,027.56 FEET; THENCE ALONG SAID EASTERLY BOUNDARY N43'55'12"W 190.03 FEET; THENCE N15'45'18"W 18.23 FEET TO THE NORTHERLY BOUNDARY OF SAID BLOCK 7; THENCE ALONG SAID NORTHERLY BOUNDARY N66'51'21"E 74.11 FEET; THENCE S15'45'18"E 31.74 FEET; THENCE N7414'42"E 50.00 FEET; THENCE N15'45'18"W 38.22 FEET CROSSING THE WESTERLY BOUNDARY OF THE AFORESAID TRACT DESCRIBED IN VOLUME 2458 AT PAGE 67 TO ITS NORTHERLY BOUNDARY; THENCE ALONG SAID NORTHERLY BOUNDARY N66'51'21"E 52.64 FEET; THENCE S15'45'18"E 30.88 FEET; THENCE N7414'42"E 40.00 FEET; THENCE N15'45'18"W 36.07 FEET TO SAID NORTHERLY BOUNDARY; THENCE ALONG SAID NORTHERLY BOUNDARY N66'51'21"E 85.01 FEET; THENCE S15'45'18"E 103.33 FEET TO THE EASTERLY BOUNDARY OF THE AFORESAID TRACT; THENCE ALONG SAID EASTERLY BOUNDARY S12"33'11"W 137.82 FEET; THENCE S7414'42"W 144.95 FEET CROSSING THE EASTERLY BOUNDARY OF THE AFORESAID TRACT DESCRIBED IN VOLUME 2510 AT PAGE 554 TO THE POINT OF BEGINNING; CONTAINING 46,998 SQUARE FEET OR 1.079 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: DANIEL A. SMITH 02/26/09-02/28/12 R.P.L.S. NO. 4645 (CM) CONTROL MONUMENTDATE OF SIGNATURE: 03/23/12 (ASSESSOR'S DATA) APPROXIMATE ABSTRACT LINE V- \52871\AC1IVE\187107355\DRAWING\2D10164_wGIN\EXHIBITS\2010164_WGIN_EXHIBITS_017 05.DWG SEE SHEET 2 FOR LICENSE AREA INFORMATION DOWNTOWN DESIGN SERVICES, INC. 2333 MINN'S DRIVE. SUITE F HALTOM CITY, TX 76117 Tel: 817-744-7927 Fax: 817-744-7929 www.downtown—desian.com 1 REV 3/22/12 NA DATE I BY OS APP TEXAS MIDSTREAM GAS SERVICES PROPOSED PIPELINE CROSSING TRACT TX—TARR—WG1N-017.05 CITY OF FT WORTH COUNTY OF TARRANT, STATE OF TEXAS ADDITIONAL DESCRIPTION WEST GATE 1 H NORTH DRBT nAWN sJ - CHECKED BY PROJECT ENGINEER RENSED 'WORKSPACES SEC110N HEAD DESCRIPTION IAPPROVEDI RY 10;14 m 10/14/1. SCALE SHEET 6 OF 6 EXHIBIT "B" ALIGNMENT SHEET(S) Open trench and boring areas Natural Gas Facilities License Agreement Harmon Field Park Page 30 of 31 COUNTY S STATE 11 Ag_TOun l maorAT6 Tf{T PRESUME IA S1G1 Me60 (vsiG, "Pi ro GENERAL INFORMATION 1�...._• KAllt IN RV _i_ ;gi1.11 MFEET ,`9 1<W DEPART./ a rnnGPDYrAttM - .110 ,-u 4 el IPPJ .e m IFC SS.IED FOR cOASTF Car a Fort ApRM e isY��, Y.2 Mil 111.Y lf $TIDM) DATE DA-20-2+.1 2 1,2 .10 0 a ■ yy 6y �e a` y i■ f I} 2 2 Y 6 as di # 1 Y L_ , t rVr`I m KMT Sul Stun - =ZIA. PREDME SAW we, woo fr.00 woe woo 'Cm cf Fort 10DATM 11-2:TS COUNTY, 11 SUMMARY OF MATERIALS A�"PP. 0.312".T N1a 2y 12_14 LL{FIE 2 1MIe•0.0.. aae• .T M IA .K 12-1. al FIE 11-12 M2 AAo 2 km' o P. alai .t .wam 12-12 1.1.3 rm.,.Muw REFERENCE DRAWINGS Imo warp r pApean *en Oren 2 0 1110.11120O 1 -' 2e/20 morn oa .P I u2e..r1P1 o 1/4/!1/i4 elm rat mYlarta' w !fit REVISION TEXAS t e x • S WEST GATE 1 R e- PROPOSE' NA PL. >05 A E_NE eD. 1 - I&• M.�OIN iia I DWG FILE '2-•PtP AUNA COUNTY & STATE RAGS LO[ATYL. NwROSi:TC .TI*6T PRESSURE (P SI G .ASP (Ps1D( GENERAL INFORMATION w.=w 1V.LE Mix TA TDAS 0EPARM{n; 0 TRANSRORARon - 'M.o. 1-35 410 410 al al A IIL5'ild Y!Y !!YE 1.41.1 3 1 a sit, CRY of PORT TIORT0 s i�61 - ! Q IWO ! PROPOSED w RPELPIE arr v cart warm br`R'Tkr, x-IH STA. 95+W PORE EXIT 01f1.9 9RII ]r IADIS A[A I POINT a T➢ RNAT1n 5TA G9+95 A-2332222.M u-091052,.977 T.-22.529 55' LONG-97190159' .1001 1 rY, rY. - ..nro Moo SUMMARY OF MATERIALS IF($ Um' 9c x9]EY., M. 2C919_,. �9 t I x ..a 9 au x » .T .w ex xN 19-I.... 10- Ps u ....Rc IS.EO FOR CONSTI a nom ..0 on � (.. Y R)�RI.� DATE 04-20-50 2 • COUNTY, TEXAS • R 8 KTNC 90. TY95 PPELPE (,(2P) 23r2u.x, ICONISTRUC1MNI .00 3050 PROPOSED SPACE FOR OS' % 45 .VE SITE v3LVE SRL 715 RIPEunEErxxco .M REFERENCE DRAWINGS .SJ T..a.IP,e,.a, Rrmso' .1 4.MO.Y IY1 W(W men eac _r i / 7 I mon r91 c9i0C4. FM O.TE 11 REVISION xaol.rn. Y• p t e x • S § WET GATE /H e PROPJSE: \A- *A- COUNTY & STATE GENERAL INFORMATION wr ear °--'A— —le HOP, far SCALE PM 11E7 TEXAS q1E GKL SYSTEM II DAIS. a-T-folz SUMMARY OF MATERIALS 3 san oo . owr.r u+x rsi 7,14 et, ra. 1.78 ws.ao 1333 0 Li COUNTY, TEXAS REFERENCE DRAWINGS (AP Bro rw oATE cvszwur REVISION texts MIDSTREAM COUNTY & STATE PROPOSED 8' PIPELINE GENERAL INFORMATION i*HI SOLE ,40,245-1515- TEXAS ONE CALL SYSTEM TA I' NT IF ASSUED FOR DATE M-zD- / 3S, Ao' VALVE SITE SMVNARV SEWER UNE PO DE MATTED AND PROTECTED, PACSD MNNTENANCE ACCESS DLYIYG ONSTROCNON COUNTY, :\WER UNE so ec uniic0 AND \\\\ �t^ PROTECTED ECTED FBI �.\ "�. i / ~ Enmlvc ruts' Y I \ � / WPELINF I I �� \� / T/ J/ =Y�ZZ® ' ' � -"/N 005 0 i DALLAS .Q0R1 W / CI, FORT WORTH `i-«\«T ,t.10\/ PLnL %IT'TIRF— :r WORD / / 80'; 452' TEMPoRM! WORKSPACE OTT 00 FORT WORTH SUMMARY OF MATERIALS v [Le.o2 nAA x.v 17-14 Rus/S, 1,18 1,5 APO w=I ORE SAG ELEVATION 28. ONCOR ELECT / I 98' ,� 88 / / f/ // / � \ / NTC / �'I •'//// i„ SAN/TART S'WCR LINE TO BE M5TTEO AND I I I 30' xfit ]' I II TEMPORARY ACCESS` CI, OF FORT WORTH // WORKSPACE / wACE % ,/ r/ �// oTE // SANITARY SEWER LINE A,` PROTECT. TO BE MATTED AND AWID / TREES/ / 0 Li %/ % C, of FDRr w0Rny� REFERENCE DRAWINGS aTE TDTO DERY SEWERE IN / 8E MATTED D / PRO cED / /% / / / 0 pop, ISSAO Tm O]6TNJCIIIN Na INn REVISION 1 I texas MIDSTRC AM II F`" L17F /7/ 620 w 610 590 550 540 530 - _. 520 510 500 490 480 68+00 GENERAL INFORMATION 69+00 11 70+00 TEXAS ONE Cud SYSTEM 71+00 IF'C p96L,EDF1 ROMOTRUCTI N1 -DETAIL 7 IE%AS 0814A404884 0E rRnNflTA11 B - #RRANT FRANK R TS-TsSTR4-YOGI-016/16101 280R/2 T T T%-TARR- MG N-016.ON0 117 INSTALLASuN Mf THOSRDaZONTAL INRECTDiAL DRILL R=X. SAMS 51595, 0-116 rTAwv DEPOSMENT nuvry s+4-08Mw E8/AT Txw.wT PLAN • • I I I 72+00 73+00 74+00 " 75+00 76+00 --- — — - - - - - — RN 1 SRALLT 91FATT, 0-l0, PROFILE texts M I DSTREAM GAS SERVICES NO to hlj S9f01m 00151Nn01 77+00 76+00 REVISION CCSONIPTIOI ;• Y W 014.111113 54 5 CROSSING DETAIL SHEET 1/�'• ,t/'/ /// _ .... ,w. w- SNEET100F10 4 ' L L. Exhibit B — Valve Station Specifications LES rn zo z 40 g r_fcr rr J Exhibit B — Valve Station Specifications r-r illy P Mie i w1 Exhibit B — Valve Station Specifications Exhibit B — Valve Station Specifications 9g3_ Ill ': ! 1FICI 1 1 m 1 M M r SAWN Itbir t Exhibit B — Valve Station Specifications -r le-1 VI arm Exhibit B — Valve Station Specifications -1w wm N_ Sam%NIIRS 4 ; F 011 mama AA 19 ro��ry� ;o� 000 11 Exhibit B — Valve Station Specifications N OnnoblInn h. 14VIMO S 1' Obon 1 kb OxN Onb bolm ewIIIINbe. Ir.IAwor, 1FII.4 IR 0NF4 01 HILL OF MATERIAL NARK IIZE DESCRIPTION OTT /EIGHT 1 6 PIPE 6' STD (0. 280' VT) SHLS Q 1 DAME 1'6' 27.5 2 6X3 TEE RED 6'x3' STD <a 280' VT)x<0. 216' 1 28,6 VT) GR 1 3 6X3/4 T)REA0OLET 6' x 3/4' 113000 1 0. 4 4 6 ELL 90 LR 6' STD (0. 280' VT) GR 1 1 22.8 5 3/4 NIPPLE 3/4'x4.0000 SNIS 113003 TIE (4' 1 1.5 LG) 6 3/4 PLUG FIX ND 3/4' XI /3000 TIRD 1 0. 4 7 6 FLANGE 6' 1300 RFVW STD KRE GR 1 3 126. 0 8 3 FLANGE 3' /300 131 I STD 1 RE GR 1 1 15. 0 9 6 GASKET 6' /300 SPIRAL/DUN FLEXITA&LIC 2 2.0 CG1 10 3 GASKET 3' 1300 SPIRALVQJND FLEXITALLIC 1 1.0 CGI 11 3/4X5 1/4 STUD 3/4'4 1/4' 17 ./2 )H NUTS 2H 24 2.0 PLATED 12 3/4X4 1/2 STUD 3/4'x4 1/2' 17 w/2 Ni NUTS 2H 8 1.0 PLATED 13 6 VALVE CHECK SUING 6' 1300 RFFE CS 1 330. 0 14 3/4 VALVE 1ALL 3/4' /3000 RP THJD CS DAWN 1 1.4 LN-07361 ALUM LOOM 4. PEN +MEN OIY�R RELD VERIFY ALL DIMENSIONS t^nt INTERCONNECT TO 12-31-11 MIER MODE C11 MEAF' 041.01 f ITT PI 12-1b10 \ AMC NOWINIC IIxl-II �1 ENERGY ��0—r 0�_ _-. � Exhibit B — Valve Station Specifications rt 1 r 1 " �I1 11331ai P ( i 41 ro r.. O \ 43 0% tJl 4000%.10 P41M�it i 411,01.1 Nam' r 11 o rOP i O O O O O OOOi YIPi .OP IF Exhibit B — Valve Station Specifications N `T 'R 441ittIttoz +'dNu 'AitIIgiiET .0 ball Sal FM Ur )ILL OF MATERIAL HARK SIZE DESCRIPTION OTT IIEIGIiT 1 3 PIPE 3' STD (0. 21N VT) S1LS GR 1 WE 7' 4' SS 4 2 3X3/4 TIREADCLET 3' x 3/4' I3000 1 0. 4 3 3 ELL 90 LR 3' STD (0. 216' VT) GR I 2 A 4 4 3/4 NIPPLE 3/4'744.0000 SMLS 13000 TIE (4' 1 1.5 LG) 5 3/4 PLUG HX HD 3/4' XS 13000 TIRI 1 0. 4 6 3 FLANGE 3' 1300 RFI1i STD MORE GR 1 2 30. 0 7 3 GASKET 3' 0300 SP1RALIOI3 FLEXITALLIC 2 2. 0 CGI I 3/4X4 1/2 STUD 3/4'x4 1/2' 17 u/2 NM NUTS 214 16 2.0 PLATED 9 3 VALVE DA-L 3' I300 FP RFFE CS NUN 1 II. 0 10 3/4 VALVE PILL 3/4' 13000 RP THID CS !AWN 1 1. 4 L1h07361 C WNW a ffa a MU ■a FIELD VERIFY ALL DIMENSIONS I e s n g /� WESTG4TE "'i' INTERCONNECT TO few MEAP u aFr nL moo let. r /Ni1LnMQT Prim 91-fa lM ENEfGY �pow 1lOffl7lfC rr w 3(1 4 -R raa e� 9 9 #• • • ♦ 'VA , • • Q• Exhibit B — Valve Station Specifications a 7 rm as 4 15 Exhibit B — Valve Station Specifications DESIGN AND CONSTRUCTION SPECIFICATIONS OF VALVE STATION ENCLOSURE In General. Company shall ensure that the Valve Station is fully enclosed within a masonry and steel structure that is constructed in accordance with the terms of the Agreement and this Exhibit. The structural design specifications of the columns, pre -cast masonry panel walls, gate, and bollards will comply with the conditions of this Exhibit or may be substituted by alternative engineer -designed specifications, as approved by PACSD, which approval will not be unreasonably withheld, denied or refused. Columns, Pre -Cast Masonry Panel Walls. The northern, eastern, and southern sides of the enclosure shall be constructed from a series of cast -in -place columns and pre -cast masonry f Ic,d oliQIi-clitc1R1- up from the ground to a mnuniiumJieight of six-f et- six -inches tall and extend below the surface a minimum of four feet or to such greater minimum depth as recommended by the manufacturer or as by required engineered specifications approved by PACSD. Columns shall be reinforced with steel I -beams or other similar structural steel reinforcement as recommended by the manufacturer or as by required engineered specifications approved by PACSD. Columns shall be square, with each side measuring between twenty and twenty-four inches. Masonry panel walls, as installed, shall extend up from the ground to a minimum height of six feet tall and shall be connected to the columns in accordance with manufacturer specifications and sound engineering practices. Each panel shall be six -to -eight inches thick and no more than ten feet long. Each panel shall be reinforced with steel rebar that is number five or thicker or as required by engineered specifications approved by PACSD. Columns and panels shall have a faux -stone surface that matches the one shown in Diagram A. Exhibit B — Valve Station Specifications Diagram A — Faux -Stone Finish for Columns and Masonry Wall Panels Gate. The western side of the enclosure shall consist of an industrial steel gate. The gate shall be constructed of CORTEN or similar high strength, low alloy, corrosion -resistant steel with a minimum gauge of fourteen. The gate shall of a design that inhibits unauthorized access by having vertical uprights that are 3/4" wide and spaced no more than four inches apart and structural crosspieces that are position in a manner that does not provide a ready foothold. The gate -mounting hardware shall be secured to the adjacent columns in accordance with manufacturers recommendations and sound commercial practices. Bollards. To provide enhanced security around the valve and reduce the likelihood of a catastrophic breach of the enclosure by a motor vehicle, Company shall ensure that bollards are an is x i . concrete 61Tarr4 shall be installed inside the enclosure at the center point of each masonry wall panel in the northern and southern sides of the enclosure. Bollards shall be constructed of steel -reinforced concrete, extend a minimum height of three feet from the ground, measure at least twelve inches across, and be installed in a footing reasonably designed to prevent the bollard from being dislodged in case of impact. In addition, Company shall ensure that the center point of the gate is reinforced by a steel heavy duty hinged bollard (HDHB) or steel low profile heavy duty hinged bollard (LPHDHB) that complies with the specifications in Diagram B. OPERATIONAL SPECIFICATIONS Accessing Valve Station. Company shall access the Valve Station only via the Access Drive except in cases of Emergency, as defined below, or if the Company receives specific written approval from the Director to use an alternate access route. Routine Inspections and Quarterly Maintenance. Company shall be authorized to use the Valve Station to perform Routine Maintenance on the Pipeline on a quarterly basis in accordance with the terms and conditions of the Agreement and of this Exhibit. For purposes of this provision, "Routine Maintenance" shall consist of visual inspections, evacuating the contents from a portion of the Pipeline, and running pipeline inspection gauges (commonly known as "PIG"s), camera equipment, or other testing devices through the line to ensure the continued physical integrity of the Pipeline. Company shall provide PACSD with at least ten (10) business days' notice of the date for its quarterly maintenance and shall coordinate the scheduling of its maintenance work with PACSD to minimize inconvenience to other Park users. In addition, Company shall be authorized to perform routine inspections without prior notice to the City provided that such inspections are non-invasive. Additional Maintenance. In addition, Company may use the Valve Station to perform additional maintenance on the Pipeline in accordance with the terms and conditions of the Agreement and of this Exhibit. For maintenance that is not Time -Sensitive (as defined below), Company shall be required to receive the advance approval of PACSD. For maintenance that is Time -Sensitive, Company shall be required to provide PACSD with advance notification, but City approval shall not be required. For purposes of this provision, maintenance shall be considered to be Time - Sensitive if Company determines, in exercise of its discretion as a reasonably prudent pipeline operator, that such maintenance should be performed within forty-eight hours from the time an issue is discovered. In addition, Company shall contact PACSD as far in advance as practicable with a request to schedule additional maintenance and shall coordinate the scheduling of its additional maintenance work with PACSD to minimize inconvenience to other Park users. Exhibit B — Valve Station Specifications Evacuation of Pipeline Contents. Except in an Emergency, as defined below, Company shall not evacuate liquid or gaseous contents from the Pipeline or from the twenty -inch (20") gathering line in the Park except directly into an appropriately sized industry -approved container deployed in conjunction with a portable secondary or back-up container positioned to catch overflow of the primary container. In addition, except in an Emergency, Company shall coordinate with PACSD the scheduling of activities that are reasonably anticipated to require the evacuation of Pipeline or gathering line contents to minimize likelihood of other Park users being present. Emergency. Company acknowledges and agrees that blow -off valves located at the Westgate Pad Site will serve as the primary evacuation point for the Pipeline for operational and Emergency purposes. The City acknowledges and agrees that the blow -off valves at the Valve Station will serve as an emergency back-up release site in the event the valves at the Wester e jitaiptmvc of t1ii-Ejliibit, an "Emergency" shall bedefined as a situation that poses an imminent threat of death or serious bodily harm to humans or animals, of severe damage to property or infrastructure, or of serious, lasting harm to the environment. Repair Following Emergency. If in responding to an Emergency Company damages the surface or improvements in or immediately adjacent to the Park, Company shall promptly repair such damage in accordance with the requirements of the Agreement, including, but not limited to, those found in Section 6.7. Maintenance of Enclosure. The Company shall ensure that the enclosure around the Valve Station is maintained in a structurally sound and aesthetically pleasing condition at all times throughout the term of the Agreement. Maintenance shall include, but not be limited to, resurfacing the gate as needed, patching or otherwise repairing crumbling or damaged masonry, and redressing graffiti or similar defacement. Failure to Maintain Enclosure. If the City determines that Company has failed to properly maintain the enclosure around the Valve Station, the City shall provide the Company representative identified in Section 14 of the Agreement with written notice, and the Company shall repair the enclosure within twelve (12) business days after the postmark of City's written notice, provided, however, that if the repair cannot reasonably be completed within the designated time, Company shall not be in default hereunder if Company has promptly commenced such repair and is diligently pursuing the same. The Company may submit a schedule of work to the City for review and approval, with such review and approval to be conducted in a timely manner and with approval not to be unreasonably withheld. If Company fails to repair the enclosure in accordance with the foregoing, the City can, at its sole option, either (i) undertake any necessary repairs, in which case Company shall reimburse City for its actual costs plus twenty -percent overhead, or (ii) deem the failure an Uncured Default under the Agreement. Landscaping. The Company, after consultation with PACSD, shall install suitable landscaping around the enclosure. Company shall be solely responsible for maintaining such landscaping, throughout the term of the Agreement, such maintenance to include, but not be limited to, routine fertilizing, watering, and pruning of plant material and removing and replacing any diseased or dying vegetation. Failure to Maintain Landscaping. If the City determines that Company has failed to properly maintain the landscaping around the Valve Station, the City shall provide the Company representative identified in Section 14 of the Agreement with written notice, and the Company shall repair the landscaping within twelve (12) business days after the postmark of City's written Exhibit B — Valve Station Specifications notice provided, however, that if the repair cannot reasonably be completed within the designated time, Company shall not be in default hereunder if Company has promptly commenced such repair and is diligently pursuing the same. The Company may submit a schedule of work to the City for review and approval, with such review and approval to be conducted in a timely manner and with approval not to be unreasonably withheld. If Company fails to repair the landscaping in accordance with the foregoing, the City can, at its sole option, either (i) undertake any necessary maintenance, in which case the Company shall reimburse City for its actual costs plus twenty -percent overhead, or (ii) deem the failure an Uncured Default under the Agreement. Exhibit B — Valve Station Specifications Tr O1'f ICGHIOfD ----- - - - -- ---------- — ---- — - "The Ur1oln0f MWt'tunctlo_ BOilOrd' IHS,ALLAn0Y IM4PotCT1rM5 FOB, (IIDtt() & LPHDHB) artzwInrn 1Mnt,,rne lrsnl„n13 _OW PROFILE HEAVY DUTY HINGED ROL' ARD 1, vortty Inc• a Lon Prof Be Hear, %ty H,•pe4 Boland Porte ore In the ehlprnt pockcpe as Venn on lee IVA of Mot.rl4". 2. Provide low Prof.* Heevy Outs )4I,Oed Bola, Ar4Mr Syalem (see ttp0dpd AIXTOr 5ye(tem p-o.trq-BAS) of ya> ...zoos at o IOturkn tD.i5ult you- •pectfIc muscle. 1 Inafeel LPIOH0 Mae Otea 2) TTrrMM And Orval on your s0e0tea Ara.' Syeten wake the flof ease., °ra new ru'e ..0A,O.W i. your Anctar Syst•n KM. use S,S. shim. ro (eve If n0e4e0. 'or.u0 het note( t0 **Non 100 ft-®y for Anchor Systoms C'AS 0nd E5A5. Torque hot note for other Anp,. Systems to Yon,Tachr.rs So.041katlon. 4. Ins0N LPINMB Pool ttan 1) to 1.0.6143 Bose Warn 2t usltp HMO BOH lit0m Bt, Not Washer Own 51. ar,d Met Nut 111.e0 H) 1e trL C.Tack Weo He0 N.,T 10 BIN, Mott or West la nce no Don Threads t], tH34 Hex Yu I'Uannot Coo eosny rerove0. 5. Pvt. 1Oc0Nn Pk, tn•u LA P0s01FM Bowwrd Post. old Into Podmcx .nets duet. A Het Mut lit. 41 Is 4w4n,W to ,one o po4o0M to rk) ovono.e. 6. butat the four Labels Ot the 10:4tlons ah,n. Chad, d '. Chethe funct)anoperotlor YT�' Biped 2. , the low ProllW Peaty Duty ped Bc0Q • Mote, S.S. ore tad•. g•oae, 0IIPe 0008(8a8Se( are not o.ovtpea I ..16781181881/(84 eraoae �� mks nowt H Orna . utet,W : ■,=mt=oatrt= Ptm+i 4a..48I #eNv�Rf t Y.,e.4•1•AY,. ,.w= THE FOLLOWING SHALL BE PROVIDED AT ALL LOCATIONS REOUIRING ACCESS 1:ITHIN !HE CITY OF CRYSTAL LAKE RIGHT -OF -NAY. THIS WILL BE INCLUDED IN THj TEMPORARY ACCESS (COMMERCIAL ENTRANCE) PAY ITEM. Tro1lkGtarde BILL OF MATERW. :ALL r�Wtt�ei now cu rrr, IS .sf.HH OHS-. new 9 y C1+.s5 xtcludec 44 ordmco ._.o[1...840. far el t.e ... t 1o.ywa .,,tea. at•.. caws/we tow Conatruellan SU:8Y.. 8N81 ,OW, •., t.. "row.. Aroemw Lem wm.s- tsoULAolemAxe y,mapo 1Yest. twerp. W L,W h le , Ka LPHDHB & IIDIIU LOW PROFILE HEAVY DJTY HINGED UULLAAD (LPHUItlt R4WN PCst-ION ER000CT HICHLICHTS 45 DECREE POSITION _ rvsi°� m,uu ._wl ear_• _ _atlx- 2DPfl li,[HC[lQBlSe YvfW I,otl,cOUArd ixe3x7at s- aw-I.-- _ti,l (TIE LOW PROFILE HEAVY DUTY HINGED BOULARD ILPIIpHO4 SHALL BE Ft/ABUSED AND INStALLEO. THIS WILL BE INCLUDED IN TIE POLO DOWN BOLLARDS PAY (TEAL Diagram B — Heavy Duty Steel Hinged Bollard Exhibit B — Access Drive Specifications DUMMY „,IO T IN RAMP OPTIONAL IN Ie' D" DRIVE WAY ONLY. EXIST IMO CURB 8 GUT TER,IF ANY, MUST OE SAWED 85 GIRf :T- ,P fd REO CE G,. CR'IVE a 3 BARS Ede 8Y THE ENGINEER,f'— ' AT aI' O.C•B-W. / A r + REINFORCE 4" WALK *3 BARS r Pl.O.w. LINE I F. j AT Kr 0.0.0.W. REFERENCE ___A__ 1 --4—_. _ _ / f ; lc- 0"FoR 1st Il•STANSARI•j SIDEWALK EXP. JOINT--'' i rxCrPT SL+P•PCRMED 2O`_ O" MIN SINGLE OWN, 2 T'- .�+," MIN, DOUBLE DW7, SIDE Wr1Lk SLOPE If4" PER FOOT TO FACE oG CW4EI OR AS DIRECTED BY ENGINECR-•. 4' SIDEWALK A PLAN VIEW PARKWA" WIDTH B (SEE TABLE 1 _ _- PROVIDE EXPANSION 401,47 ONLY IF CONNECTING TO Ex'STIN;, CONCRETE DRIVE. STANDARD CURB 8 GUTTER �. , fir.... -_` TeiOFi MATCH AS DIRECTED I"--=EXP. JOINT j -� EXCEPT SLIP -FORMED ALF LENGTH PAID AS ATTACHED CURB fcONc- PAYEMENT ONLY.I SEE STANDARD CURB 8GLTTEA SECTION' 1.3,. UFIVE Ar AND CURB LAYDOWN f 8 GUTTER PAY LIMIT �ti CURB ch ...__ ..,1,..1.,.-. 77\4 .�"SAND CJS4iCh 1QR APPROVED � �- `ts:.t;,, _ -S .6 .i,?. :::J �' SUGG A0E. SECTION A -A � 1---R.o.w.:_,NE �^ ' STABILIZED PXWY HICI H ? A 1 N \ CM!'Y. PLY L 'M:' S�13GRn;�E ikrrC ON C. F4 E T E PL•'✓ E M E N 1-- IC'. t s g, .�,•. { 5'aEIAAIk SECT.OI'► THR'J Ga;'VEW'1: TO BE 11' TO 14 f2 "c5', S1 r ' S GR! v 546w ! POURED SAME TH: _KNE S 5 M IS'T019 131p7'�12' APPROACH Ex Pt•.p FOP. A'3 DRNEWAV APPROACH, EAISTNNtiV 510EWA.LK, It ANY, 241T0221 B.IcT 15' TCi RE RE► OVCG AND REPLACED. I�" STANG4 0D DRIVEWAY APPROACH Lrr1. ' f�RT WORTk• TEXAS - CONSTRUCTiON STAhpAPc, RAYONS NO. S-S 5 i Exhibit B — Access Drive Specifications Initial Construction. The Access Drive shall be constructed and installed in a manner that meets or exceeds the minimum requirements for a commercial drive under the stricter of the following two standards: those promulgated by the Texas Department of Transportation and those promulgated by the City's Department of Transportation and Public Works. Edge -to -Edge Pavement. The Access Drive shall be constructed to extend the entire length from the frontage road of Texas State Highway 287 to the back edge of the entrance gate of the valve station. Maintenance. The Company shall ensure that the Access Drive is maintained in a good and passable condition at all times throughout the term of the Agreement. Failure to Maintain. If the City determines that Company has failed to properly maintain the Access Drive, the City shall provide the Company with written notice, and the Company shall repair the Access Drive within twelve (12) business days after the postmark date of the City's written notice, provided, however, that if the repair cannot reasonably be completed within the designated time, Company shall not be in default hereunder if Company has promptly commenced such repair and is diligently pursuing the same. The Company may submit a schedule of work to the City for review and approval, with such review and approval to be conducted in a timely manner and with approval not to be unreasonably withheld. If Company fails to repair the enclosure in accordance with the foregoing, the failure shall be deemed an Uncured Default under the Agreement. EXHIBIT "C" PARK RESTORATION SPECIFICATIONS Natural Gas Facilities License Agreement Marmon Field Park Page 31 of 31 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,hwnrk 1.02 REFERENCE STANDARDS A. For exotic plant materials: American Joint Committee of Horticultural Nomenclature, Second Edition, 1942. B. 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 materials 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. (:.RF Sui)Dl \G 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 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. The 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 o11 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. C. Sample and Specification Submittal: Submit a producer's specification and a quart sample of the compost proposed for the City's approval. FT'RF SODDING o293Q INS 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 .41 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 k 4s not tome than ten inches apart. 7ruttal 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 1110 with sod. goll 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 wit 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. A. Scarify subgrade to a depth of three inches before depositing the required topsoil. 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 ,e 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 40 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. 4111 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. 10 s e • ENI) OF SEC IION I i;J ^)1_ii:l.W.( i .,R • 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, within 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." B. Rock: Minor quantities of rock not greater than four inches in greatest dimension are permissible 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 -I- 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 frnm nff_cife vatwus vl er 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 fYDM f 1.5 tI•3600M-12, 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 Unsuitable materials will be disposed of as "waste" as specified in Section 02200. C. 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. ART}IWORK 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 - The before excation 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. l� 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. G. 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 nonnal 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 WOKK 02300 -3- A t� lam414 t 0 5 5 5 5 5 5 5 5 5 5 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: e ier-over atter 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 permitted. 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 emhankrnent 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 he restored to approximately its original slope by bladine or other methods, and, where EARTHWORK 02300 -4 SECTION 02830 - SEEDING • PART 1 - GENERAL 1.01 DESCRIPTION A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans. rat B. Related Work Specified Elsewhere: Section 02300. Earthwork ------------------------ ------------ Pta 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 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 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. 13 Schedule after all other construction is complete. SECTION 02930 - SEEDING -t- 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_ c RC. PART 2— FRODUCTS 2.01 MATERIALS A. Seed 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 25 Bermuda (unhulled) Cynodon dactylon 75 Bermuda (hulled) Cynodon dactylon 85% 95% Substitute the following if planted between September 10 and April 15: 90% 90% 220 Rye Grass Lolium multiflorum 82% 80% 40 Bermuda (unhulled) Cynodon dactylon 84% 85% 2 Native grass seed - The seed shall be planted between February 1 and October 1 and shall consist of: Lbs. PLS/Acre Common Name Botanical Name SECTION 02930 - SEEDINV -2- 16 Green Sprangletop Leptochloa dubia 40 Sideoats Grama* Bouteloua curtipendula 64 Little Bluestem* Schizachyrium scoparium 200 Buffalograss Buchloe dactyloides 40 Indian Grass* Sorghastrum avenaceum 16 Big Top Lovegrass* Eragrostis hirsuta 16 Weeping Lovegrass Eragrostis curvula 80 Canada Wild Rye* Elymus canadensis var. - -- *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 Maximillian 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 within three feet of a walkway. 4. Temporary 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 I . 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 form a strong moisturc retaining mat. SECTION 02930 - SEEDING 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. seeamg areas - one hundred fifty (150) pounds of Nitrogen per acre. D. Water: Shall be furnished by the Developer/Contractor by means of temporary metering / irrigation, 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. E. 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. # - Ming 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. C. 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. B. 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. B. 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- SECTION 03300 — CAST -IN -PLACE CONCRETE PART 1- GENERAL 1.01 SCOPE OF WORK A. Concrete Sidewalk B. Concrete Handicap Ramps D. Playground Edging E. Concrete Walls and Footings F. Related work elsewhere: Section 07920 — Joint Sealants 1.02 QUALITY ASSURANCE Reference Specifications: The work under this division of the Specifications shall conform generally to the requirements of Item 314. - "Concrete Pavement", Item 406 - "Concrete for Structures", and Item 410 — "Concrete Structures" of the City of Fort Worth's Standard Specifications for Street and Storm Drain Construction., PART 2 - MATERIALS 2.01 FORMS Forms shall be of ample strength, adequately braced, joined neatly and tightly and set exactly to established line and grade. 2.02 REINFORCING MATERIALS Reinforcing Bars: Reinforcing bars shall be round deformed bars meeting the requirements of the current standard Specifications for Intermediate Grade Billet Steel Concrete Reinforcing Bars of the A.S.T.M. Designation A-615. Reinforcing bars at the time the concrete is placed shall be free from rust, scale or other coatings that will destroy or reduce the bond. General reinforcing bars shall be number three bars spaced eighteen inches (18") on center in walks and twelve inch (12") on center in slabs as shown on Plans. 2.03 CONCRETE MATERIALS A. Cement: Portland cement shall meet the requirements of A.S.T.M. Specifications Designation C-150 and shall be Type 1. 13. Aggregates: Concrete aggregates shall consist of gravel or crushed stone and shall be free from any excess amount of salt, alkali, vegetative matter or other objectionable materials. The aggregate shall be well graded from fine to course and the maximum size shall be one inch (1"). Fine aggregate shall conform to ASTM C33. C Water• Water used in mixing concrete shall be clean and free from deleterious amounts of acids, alkalies, vegetative matter or organic material. The concrete CAST -IN -PLACE CONCRETE 03300 -I- shall be mixed in an approved batch mixer. The mixing time shall not be less than one (1) minute after all the batch materials are in the mixer. Cement content shall be not less than five (5) sacks per cubic yard of concrete and shall have a minimum twenty eight day (28) compressive strength of 3,000 psi. D. Mixing: Transit mixed concrete shall meet all the requirements for concrete as specified above. Sufficient transit mix equipment shall be assigned exclusively to the project as required for continuous pours at regular intervals without stopping .... one anti - one half hours (1-1/2) after the cement has been placed in the mixer. 2.04 RELATED MATERIAL A. Expansion Joint Filler: Expansion joint material shall be one inch clear heart redwood with cap and paved cross section as shown on the plans B. Dowels: Dowels for expansion joints shall be number four smooth round steel bars with expansion tubes as shown on Plans. Dowels shall be placed eighteen inches on center or as shown on Plans. C. Curing Compound: The membranous curing compound shall comply with the requirements of A.S.T.M., Designation C-309, Type 2, white pigmented. D. PVC Sleeves: The Developer/Contractor shall furnish and install four inch (4") Class 200 PVC pipe sleeves under concrete walk as shown on plans and details. E. Caulking and Sealants — See Section 07920-Joint Sealants 2.05 CONCRETE MIX DESIGN AND CONTROL A. Mix Design: The concrete shall contain not less than five (5) sacks of cement per cubic yard. Total water shall not exceed seven gallons per sack of cement. The mix shall be uniform and workable. The amount of course aggregate (dry -loose volume) shall not be more than eighty five percent (85%) per cubic yard of concrete. The net amount of water will be the amount added at the mixer plus the free water in the aggregate or minus the amount of water needed to compensate for absorption by the aggregates. Free water or absorption determinations will be based on the condition of the aggregates at the time used. The absorption test will be based on a thirty minute (30) absorption period. No water allowance will be made for evaporation after batching. B. Slump: When gauged by the standard slump test, the settlement of the concrete shall not be less than three inches (3") nor more than five inches (5), unless otherwise indicated. CAS1 IN PLACE CONCRETE 03300 -2- C. Quality: The concrete shall be designed for a minimum compressive strength of 3,000 pounds per square inch at the age of twenty-eight (28) days using a five (5) sack mix. D. Control -Submittal: Within a period of not less than ten days prior to the start of concrete operations, the Developer/Contractor shall submit to the City a design of the concrete mix proposed to be used together with samples of all materials to be incorporated into ihe mix anr� a fitll rtaerriq ! tt r ,r,,, i - - 9 rti component. The design ofthe concrete mix shall conform with the provisions and limitation requirements of these specifications. All material samples submitted to the City shall be sufficiently large to permit laboratory batching for the construction of test beams to check the adequacy of the design. When the design mix has been approved by the City, there shall be no change or deviation from the proportions thereof or sources of supply except as hereinafter provided. No concrete may be placed on the iob site until the mix design has been approved by the City in writing to the Developer/Contractor. PART 3 - EXECUTION 3.01 REINFORCING: Metal reinforcing shall be accurately placed in accordance with the plans and shall be adequately secured in position by concrete, metal, or plastic chairs and spacers. Bar splices shall overlap at least twelve (12") inches. The re -bars shall be bent cold. 3.02 JOINTS A. Expansion Joints: Expansion joint materials shall be installed perpendicular to the surface. The bottom edge of the material shall extend to or slightly below the bottom edge of the slab and the top edge shall be held approximately one half (1/2") inch below the surface of the slab. The edge of joints shall be tooled with an edging tool having a one half (1/2") inch radius. B. Contraction Joints; Contraction joints shall be one quarter (1/4") inch wide by three quarter (3/4") inch deep, tooled joints placed on six foot centers, unless otherwise indicated. Contraction joints will not be required to be sealed. Sawed ioints may be allowed only if specifically approved by the City. Joints will be sawed as soon as sawing can be performed without stripping aggregate from the concrete, generally within twelve to twenty-four (24) hours after placement, and they shall be completed before uncontrolled cracking of the pavement takes place. C. Construction Joints: Construction joints shall be installed in all concrete work at the locations shown on the plans. Construction joints formed at the close of each day's work shall be located at any of the control joints designated on the Plans. Joints may be constructed by use of wood or preformed metal bulkheads set true to the section of the finished concrete and cleaned and oiled. Surplus concrete on the subgrade shall be removed before resuming concreting operations. CAST -IN -PLACE CONCRETE 03300 - 3 - 3.03 PLACING CONCRETE: Placement of Concrete: The concrete shall be rapidly deposited on the subgrade immediately after mixing is completed. Subgrade and forms shall be dampened prior to placement of the concrete. The concrete shall be transported, placed and spread in such a manner as to prevent segregation of the aggregate or an excess amount of water and fine materials to be brought to the surface. No concrete shall be placed when the air temperature is less than forty degrees Fahrenheit nor when the temperature of the concrete is eighty-five degrees Fahrenheit or higher, without approval by the City. i 1 0 Placement shall be carried on at such a rate that the concrete is at all times plastic and flows readily into the space between the bars. No concrete that has partially hardened or that has been contaminated by foreign material shall be deposited in the work nor shall retempered concrete be used. Each section of pavement between expansion and construction joints shall be placed monolithically. All concrete shall be thoroughly compacted by suitable means during the operation of placing and shall be thoroughly worked around reinforcement and embedded fixtures and into the comers of the forms. Special care shall be taken to prevent voids and honeycombing. The concrete shall then be struck off and bull -floated to the grade shown on the plans before bleed water has an opportunity to collect on the surface. 3.04 FINISHING: All concrete shall be finished by experienced, qualified concrete finishers. All concrete shall have a neat, rounded edge. Edging and jointing (radius described on plans) shall be accomplished with care so as not to leave deep impressions in the concrete surface adjacent to edges and joints. After the concrete has been floated and has set sufficiently to support the weight of cement finishers, a smooth steel trowel will be used to produce hard surface. The entire surface will then be brushed with a stiff bristle broom to produce a uniform textured finish. All edges and sides of concrete exposed to view shall be free of warp and blemishes with a uniform texture and smoothness as described in plans. 3.05 CURING: Curing Compound: Immediately after the finishing operations, the concrete shall be completely covered with a curing compound. The concrete surface shall be kept moist between finishing operations and the application of the curing compound. The curing compound shall be applied under pressure by means of a spray nozzle at a rate not to exceed two hundred (200) square feet per gallon. A minimum of seventy two (72) hours curing time will be required. 3.06 CONCRETE WALLS A. Placing Concrete 1. Where tremies are used, or where the free drop is five (5) feet or more, and through reinforcement, use a dumping box or board, moving the concrete therefrom by shovels or hoes. 2. Deposit concrete so that the surface is kept level throughout, a minimum being permitted to flow from one position to another, and Place as rapidly as practicable after mixing. CAST IN -PLACE CONCRETE 03300 - 4 - ofig 3. Do not use in this work any concrete not placed within thirty (30) minutes after leaving the mixer. 4. Thoroughly work concrete around reinforcement and embedded fixtures, and into corners of forms, during placing operations. 5. Completely compact with tamping poles and by tapping forms until the concrete is thoroughly compact and without voids. Determine the number of tampers needed by the amount and met go-roustn oroughly to obtain maximum density. 7. Use manual tampers as well as mechanical vibrators. a. Exercise care to direct the quick handling of vibrators from one position to another. b. Do not over -vibrate concrete. c. Do not move concrete by use of vibrator. B. Finishing 1. All formed surfaces exposed to view shall have a medium broom finish. 3.07 PROTECTION After concrete is placed, finished and cured as required, permit no traffic thereon for three days thereafter and further protect the surface from damage due to other causes. Egt le .10 END OF SECTION CAST -IN -PLACE CONCRETE 03300 - 5 - vea444444413431133131331/3,31031113 arr OF TORT WORTH, 1 PARKS AND COMUNITY SERVICES DEPT. 6' 12' OF TABLE 6' • 2' 2:17.4 • •.- 116%; - '11' + .‘ tLLLLLLLLLLLLLLLL CI -I' 41 • a7Elcitit'lltLLILLLL •••'". 171L-17LLLLL1._LLILL-tl- 1.1-•11 •.; 6' TABLE SLAB N.T.S. 6' TABLE SLAB 5" THICK CONC. SLAB CONTROL JOE S AT MIDPOINT OF LAB 3.1-1-4•2111% SCALE: N.T.S. FILE NO. 000 5" THICK CONCRETE SLAB EXPANSION JO WALK-\\ CITY Of TORT WORTS, 7IIAS PARKS AND COMMUNITY SERVICES DEPT. 6" v 5'-0" BENCH SECTION N.T.S. 6'-0" 5'-0" BENCH "ACCESSIBLE SPACE" 5" THICK CONCRETE SLA CONTROL JOINT AT MIDPI.• INT -EXPANSION JOINT ' WALK BENCH LAYOUT N.T.S. BENCH SECTION SECTION 03300 — CAST -IN -PLACE CONCRETE PART 1 - GENERAL 1.01 SCOPE OF WORK A. Concrete Sidewalk B. Concrete Handicap Ramps D. Playground Edging E. Concrete Walls and Footings F. Related work elsewhere: Section 07920 — Joint Sealants 1.02 QUALITY ASSURANCE Reference Specifications: The work under this division of the Specifications shall conform generally to the requirements of Item 314 - "Concrete Pavement", Item 406 - "Concrete for Structures", and Item 410 — "Concrete Structures" of the City of Fort Worth's Standard Specifications for Street and Storm Drain Construction. PART 2 - MATERIALS 2.01 FORMS Forms shall be of ample strength, adequately braced, joined neatly and tightly and set exactly to established line and grade. 2.02 REINFORCING MATERIALS Reinforcing Bars: Reinforcing bars shall be round deformed bars meeting the requirements of the current standard Specifications for Intermediate Grade Billet Steel Concrete Reinforcing Bars of the A.S.T.M. Designation A-615. Reinforcing bars at the time the concrete is placed shall be free from rust, scale or other coatings that will destroy or reduce the bond. General reinforcing bars shall be number three bars spaced eighteen inches (18") on center in walks and twelve inch (12") on center in slabs as shown on Plans. 2.03 CONCRETE MATERIALS A. Cement: Portland cement shall meet the requirements of A.S.T.M. Specifications Designation C-150 and shall be Type 1. B. Aggregates: Concrete aggregates shall consist of gravel or crushed stone and shall be free from any excess amount of salt, alkali, vegetative matter or other objectionable materials. The aggregate shall be well graded from fine to course and the maximum size shall be one inch (1"). Fine aggregate shall conform to ASTM C33. C Water• Water used in mixing concrete shall be clean and free from deleterious amounts of acids, alkalies, vegetative matter or organic material The concrete CAST -IN -PLACE CONCRFTE 03300 -t- shall be mixed in an approved batch mixer. The mixing time shall not be less than one (1) minute after all the batch materials are in the mixer. Cement content shall be not less than five (5) sacks per cubic yard of concrete and shall have a minimum twenty eight day (28) compressive strength of 3,000 psi. D. Mixing: Transit mixed concrete shall meet all the requirements for concrete as specified above. Sufficient transit mix equipment shall be assigned exclusively to the project as required for continuous pours at regular intervals without stopping ifr 'Iel, .__ !__ "!ir �; 1 a1.tr.410U or one ann one half hours (1-1/2) after the cement has been placed in the mixer. 2.04 RELATED MATERIAL A. Expansion Joint Filler: Expansion joint material shall be one inch clear heart redwood with cap and paved cross section as shown on the plans B. Dowels: Dowels for expansion joints shall be number four smooth round steel bars with expansion tubes as shown on Plans. Dowels shall be placed eighteen inches on center or as shown on Plans. C. Curing Compound: The membranous curing compound shall comply with the requirements of A.S.T.M., Designation C-309, Type 2, white pigmented. D. PVC Sleeves: The Developer/Contractor shall furnish and install four inch (4") Class 200 PVC pipe sleeves under concrete walk as shown on plans and details. E. Caulking and Sealants — See Section 07920-Joint Sealants 2.05 CONCRETE MIX DESIGN AND CONTROL A. Mix Design: The concrete shall contain not less than five (5) sacks of cement per cubic yard. Total water shall not exceed seven gallons per sack of cement. The mix shall be uniform and workable. The amount of course aggregate (dry -loose volume) shall not be more than eighty five percent (85%) per cubic yard of concrete. The net amount of water will be the amount added at the mixer plus the free water in the aggregate or minus the amount of water needed to compensate for absorption by the aggregates. Free water or absorption determinations will be based on the condition of the aggregates at the time used. The absorption test will be based on a thirty minute (30) absorption period. No water allowance will be made for evaporation after batching. B. Slump: When gauged by the standard slump test, the settlement of the concrete shall not be less than three inches (3") nor more than five inches (5), unless otherwise indicated. CAS "I IN PLACE CONCRE I'E 03300 2- C. Quality: The concrete shall be designed for a minimum compressive strength of 3,000 pounds per square inch at the age of twenty-eight (28) days using a five (5) sack mix. D. Control -Submittal: Within a period of not less than ten days prior to the start of concrete operations, the Developer/Contractor shall submit to the City a design of the concrete mix proposed to be used together with samples of all materials to be incoraorated into the n,i n� fi'it �pssE' 2z Material cuuipaneri 'il"i.e design of the concrete mix shall conform with the provisions and limitation requirements of these specifications. All material samples submitted to the City shall be sufficiently large to permit laboratory batching for the construction of test beams to check the adequacy of the design. When the design mix has been approved by the City, there shall be no change or deviation from the proportions thereof or sources of supply except as hereinafter provided. No concrete may be placed on the iob site until the mix design has been approved by the City in writing to the Developer/Contractor. PART 3 - EXECUTION 3.01 REINFORCING: Metal reinforcing shall be accurately placed in accordance with the plans and shall be adequately secured in position by concrete, metal, or plastic chairs and spacers. Bar splices shall overlap at least twelve (12") inches. The re -bars shall be bent cold. 3.02 JOINTS A. Expansion Joints: Expansion joint materials shall be installed perpendicular to the surface. The bottom edge of the material shall extend to or slightly below the bottom edge of the slab and the top edge shall be held approximately one half (1/2") inch below the surface of the slab. The edge of joints shall be tooled with an edging tool having a one half (1/2") inch radius. B. Contraction Joints: Contraction joints shall be one quarter (1/4") inch wide by three quarter (3/4") inch deep, tooled joints placed on six foot centers, unless otherwise indicated. Contraction joints will not be required to be sealed. Sawed ioints may be allowed only if specifically approved by the City. Joints will be sawed as soon as sawing can be performed without stripping aggregate from the concrete, generally within twelve to twenty-four (24) hours after placement, and they shall be completed before uncontrolled cracking of the pavement takes place. C. Construction Joints: Construction joints shall be installed in all concrete work at the locations shown on the plans. Construction joints formed at the close of each day's work shall be located at any of the control joints designated on the Plans. Joints may be constructed by use of wood or preformed metal bulkheads set true to the section of the finished concrete and cleaned and oiled. Surplus concrete on the subgrade shall be removed before resuming concreting operations. CAST -IN -PLACE CJNCREFF 03300 - 3 - 3.03 PLACING CONCRETE: Placement of Concrete: The concrete shall be rapidly deposited on the subgrade immediately after mixing is completed. Subgrade and forms shall be dampened prior to placement of the concrete. The concrete shall be transported, placed and spread in such a manner as to prevent segregation of the aggregate or an excess amount of water and fine materials to be brought to the surface. No concrete shall be placed when the air temperature is less than forty degrees Fahrenheit nor when the temperature of the concrete is eighty-five degrees Fahrenheit or higher, without approval by the City. Placement shall be carried on at such a rate that the concrete is at all times plastic and flows readily into the space between the bars. No concrete that has partially hardened or that has been contaminated by foreign material shall be deposited in the work nor shall retempered concrete be used. Each section of pavement between expansion and construction joints shall be placed monolithically. All concrete shall be thoroughly compacted by suitable means during the operation of placing and shall be thoroughly worked around reinforcement and embedded fixtures and into the corners of the forms. Special care shall be taken to prevent voids and honeycombing. The concrete shall then be struck off and bull -floated to the grade shown on the plans before bleed water has an opportunity to collect on the surface, 3.04 FINISHING: All concrete shall be finished by experienced, qualified concrete finishers. All concrete shall have a neat, rounded edge. Edging and jointing (radius described on plans) shall be accomplished with care so as not to leave deep impressions in the concrete surface adjacent to edges and joints. After the concrete has been floated and has set sufficiently to support the weight of cement finishers, a smooth steel trowel will be used to produce hard surface. The entire surface will then be brushed with a stiff bristle broom to produce a uniform textured finish. All edges and sides of concrete exposed to view shall be free of warp and blemishes with a uniform texture and smoothness as described in plans. 3.05 CURING: Curing Compound: Immediately after the finishing operations, the concrete shall be completely covered with a curing compound. The concrete surface shall be kept moist between finishing operations and the application of the curing compound. The curing compound shall be applied under pressure by means of a spray nozzle at a rate not to exceed two hundred (200) square feet per gallon. A minimum of seventy two (72) hours curing time will be required. 3.06 CONCRETE WALLS A. Placing Concrete 1. Where tremies are used, or where the free drop is five (5) feet or more, and through reinforcement, use a dumping box or board, moving the concrete therefrom by shovels or hoes. 2. Deposit concrete so that the surface is kept level throughout, a minimum being permitted to flow from one position to another, and place as rapidly as practicable after mixing. LAS I -IN-PLACE CONCRETE 03300 -4. • 0 41, 3. Do not use in this work any concrete not placed within thirty (30) minutes after leaving the mixer. 4. Thoroughly work concrete around reinforcement and embedded fixtures, and into corners of forms, during placing operations. 5. Completely compact with tamping poles and by tapping forms until the concrete is thoroughly compact and without voids. Determine the number of tampers needed by the amount vigorously and thoroughly to obtain maximum density. 7. Use manual tampers as well as mechanical vibrators. a. Exercise care to direct the quick handling of vibrators from one position to another. b. Do not over -vibrate concrete. c. Do not move concrete by use of vibrator. B. Finishing 1. All formed surfaces exposed to view shall have a medium broom finish. 3.07 PROTECTION After concrete is placed, finished and cured as required, permit no traffic thereon for three days thereafter and further protect the surface from damage due to other causes. END OF SECTION CAST (N-PLACE CONCRETE 03300 - 5 - potrats#4444,344333333:4133,31,-M3i 3.34.44209 6' 12' q., OF TABLE 6' —a ... • al ,O • .- 2.'-4 3/16)?! • -,,,'.. ' f 21-4 3/16". . , .s.'f- • 1 + Iii = • II .4 : ' c•A. LmL,.±ht_—LL LLLLEEL -,.. .-i Lu±LLE: LE-Lch_LL-LLL- L L Lit Litb.Li_.L, , u. u-Lti"-L...L.LLL EUL: LELLL 0 - • CM OF FORT WORM Tga PARKS AND COMMUNITY DEPT. es, -. • : . 4 6' TABLE SLAB N.T.S. 6' TABLE SLAB 5" THICK CONC. SLAB CONTROL JOINS AT MIDPOINT OF LAB SCALE: N.T.S. FILE NO. 000 k BENCH- 5" THICK CONCRETE SLAB EXPANSION JO WALK cirr Of 10Iff YOR711, is PARKS AND COMMUNITY SERVICES DEPT. 6" 5'-0" VARIES !,6" _ • - • :".• 4.1 P-I C/) BENCH SECTION N.T.S. 6'-0" 5'-0" BENCH LAYOUT N.T.S. BEB ; •. -64 FINISHED GRA1 • BENCH "ACCESSIBLE SPACE" . 5" THICK CONCRETE SLk, CONTROL JOINT AT MIL II EXPANSION JOINT WALK CH SECTION INT SCALE: N.T.S. , ; ' 'N; s2 M&C - Council Agenda Page 1 of 3 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 5/1/2012 84110,110,11061.1 DATE: Tuesday, May 01, 2012 REFERENCE NO.: L-15360 LOG NAME: 80HARMON FIELD PARK GAS PIPELINE AND GAS VALVE STATION SUBJECT: Conduct a Public Hearing and Authoriz t Use of a Portion of Harmon Field Park for Installation of an Eight Inch Natural Gas Pipeline, a 1,400 Square Foot Gas Valve Station and a 240 Square i-oot Access unve, Authorize Execution of a License Agreement with Texas Midstream Gas Services, L.L.C., in the Amount of $50,066.80, Accept a Donation from Texas Midstream in the Amount of $18,000.00 and Authorize Execution of a Ninety Day Temporary Access and Workspace Agreement with Texas Midstream in the Amount of $118,231.37 (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 to the use of Harmon Field Park for the location of the proposed natural gas pipeline, gas valve station and access drive; 3. Find that the proposed natural gas pipeline, gas valve station and access drive include all reasonable planning to minimize harm to the parkland, including that the proposed use will be constructed in Harmon Field Park as specified on the attached exhibits and as noted in the discussion below; 4. Close the public hearing and authorize the use of approximately 0.209 acre of dedicated parkland of Harmon Field Park for the installation of an eight inch natural gas pipeline, 1,400 square foot (35 feet by 40 feet) gas valve station and 240 square foot access drive; 5. Authorize the execution of a license Agreement with Texas Midstream Gas Services, L.L.C., for Harmon Field Park in the amount of $50,066.80; 6. Accept donation of $18,000.00 from Texas Midstream Gas Services, L.L.C., for future improvements at the park; and 6. Authorize the execution of a 90 day temporary workspace and access Agreement with Texas Midstream Gas Services, L.L.C., for Harmon Field Park in the amount of $118,231.37 with proceeds dedicated to future improvements at Harmon Field Park. • Harmon Field Park - located at 1501 Martin Luther King Freeway, Mapsco 63X - 63Y and 77B - 77C, east of North South Freeway SR NB, west of West Fork Trinity River, south of the Trinity Railway Express RR, in COUNCIL DISTRICT 8. DISCUSSION: The purpose of this Mayor and Council Communication is to perform and authorize actions associated with the installation of an eight inch natural gas pipeline, an above ground gas valve station and an access drive at Harmon Field Park. Those actions include conducting a public hearing and authorizing the use, authorizing execution of a pipeline license Agreement, accepting a donation and authorizing a temporary http://apps.cfwnet.org/ecouncil/printmc.asp?id=16697&print=true&DocType=Print 5/18/2012 M&C - Council Agenda Page 2 of 3 access and workspace Agreement. Texas Midstream Gas Services, L.L.C. (TMGS) initially contacted Staff in the Parks and Community Services Department (PACSD) with a proposal to install a second pipeline at Harmon Field Park to transport minerals from under downtown properties, including City and other government facilities. The City Council had previously approved installation of a 20 inch pipeline through the park and under the Trinity Levee (M&C L-15178 for the park and M&C C-24920 for the levee). In connection with the construction of that line, TMGS was required to pay standard pipeline fees totaling $142,778.64 ($104,720.65 for the park and $38,057.99 for the levee) and also agreed to construct a 49,806 square foot concrete parking lot valued at approximately $205,000.00 in lieu of paying for certain surface use and tree removal fees. After its initial contact with Staff, TMGS learned that the Army Corps of Engineers would not allow the company to make a second crossin_gunder the Levee for the proposed pipeline. TMGS then contacted PACSD with a revised request that included addition of an above ground valve station to aHOW the second pipeline to interconnect with the previously approved and installed line so that gas could be transported under the levee. In presenting and revising its plans for the site, TMGS has agreed to a number of conditions that are intended to minimize the impact to the park. The site locations for the pipeline, valve station and access road were made in consideration of the Harmon Field Park Master Plan (see attached exhibit). TMGS will maintain the existing fence line along the soccer fields and will provide security for the duration of the construction. In installing the pipeline, TMGS has agreed to maintain a minimum depth of five feet for areas being installed using trenching and a minimum depth of 10 feet for areas installed via boring. In addition, installation of the pipeline is scheduled to take place outside of soccer season with construction anticipated to start May 8, 2012 and be completed by June 12, 2012, which is the last day of the Athletics section's off season maintenance period. The company also agreed to a number of conditions associated with the valve site. The proposed above ground valve station will be screened by masonry panel walls that are at least six feet high and that are suitably landscaped. (A picture showing an example of this type of enclosure is attached.) In addition, bollards will be installed within the enclosure to provide additional security for the valve station. TMGS has also agreed that its accessing of the valve station will be primarily for maintenance purposes, which are anticipated to occur no more than four times per year and will be scheduled around the operations of the athletic fields. The valve station will also serve as an emergency release site, but only in a back up capacity. The valve station at the company's Westgate Pad Site will continue to serve as the primary emergency release facility for the Westgate pipeline. As proposed, the Agreement would allow for an eight inch natural gas pipeline beneath the park located within a 10 foot wide pipeline license area for a total footprint of 7,470 square feet. The above ground valve station will allow the two pipelines to interconnect, will provide access for routine cleaning and maintenance and will include multiple blow off valves associated with pipeline safety. The total area needed for the valve station is approximately 1,400 square feet (35 feet by 40 feet). In addition, the Agreement would allow construction of a 24 foot by 10 foot access drive to allow TMGS to reach the valve site. The area needed for the access drive is 240 square feet. In addition, TMGS has requested the use of 118,231.27 square feet of parkland as temporary access and workspace for transporting and staging construction equipment and materials to facilitate construction of a line crossing under the Interstate 35/Highway 287 right-of-way. As consideration for installation and operation of the pipeline, valve station and access drive TMGS will pay the City $50,066.80 for the 20 year license period. This amount consists of $36,154.80 for the pipeline (747 linear feet multiplied by the City's standard pipeline fee of $48.40 per linear foot), $7,000.00 for the valve station (1,400 feet times $5.00 per square foot) and $6,912.00 for the access drive (240 square feet multiplied by $28.80 per square foot). In exchange for the temporary access and workspace, TMGS has agreed to pay the City $118,231.37 for the 90 day license period. This amount equates to $1.00 per square foot, which is consistent with mitigation fees previously charged for this type of use. In addition to the required consideration, TMGS has proposed a donation of $18,000.00 for future improvements at Harmon Field Park. Following completion of the project, TMGS will also be required to restore the park to a condition that is at least as good as the one in which it existed prior to construction. http://apps.cfwnet.org/ecouncil/printmc.asp?id=16697&print=true&DocType=Print 5/18/2012 M&C - Council Agenda Page 3 of 3 Fees for the pipeline and above ground valve station ($43,154.80 total) will be distributed in accordance with the provisions in the City's Financial Management Policy Statements addressing gas related revenues. The mitigation fees associated with the access drive and temporary workspace ($125,143.27) will remain with the park for future park improvements, which is consistent with previous City Council authorization for mitigation fees for similar items placed on parkland. In addition, the $18,000.00 donation will stay with the park in accordance with the donation's terms. On March 28, 2012, the Park and Community Services Advisory Board voted in favor of TMGS's request for use of parkland in Harmon Field Park as proposed. In accordance with state law, public notice of the proposed use was advertised in the Fort Worth Star -Telegram on April 2, 2012, April 10, 2012, and April 17, 2012. An exhibit map was available for public review for 30 days at the PACSD administrative offices located at 4200 South Freeway, Suite 2200. L n €€er Association, Independent Soccer Association, United Riverside Neighborhood Association and the Community Leader of the Butler Resident Association. 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 comments that have been received during the public hearing as part of the Report of City Staff. Harmon Field 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 C282 466266 801929961700 GC10 446300 006060001000 T127 446300 006127099901 C282 488200 801929961700 FROM Fund/Account/Centers $125.143.37 $21.577.40 $21.577.40 $18.000.00 CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. Aerial Alignment Mao mc.odf (Public) 2. aerial Map rev.pdf (Public) 3. Master plan mc.pdf (Public) 4. pipeline route map.pdf (Public) 5. Valve station.pdf (Public) Susan Alanis (8180) Richard Zavala (5704) David Creek (5744) http://apps.cfwnet.org/ecouncil/printmc.asp?id=16697&print=true&DocType=Print 5/18/2012