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HomeMy WebLinkAboutContract 44201 (2)CITY SECRETARY. CONTRACT N00 '-!2- 0 \� NATURAL GAS PIPELINE LICENSE AGREEMENT This NATURAL GAS PIPELINE LICENSE AGREEMENT ("Agreement") is hereby made and entered into by and between the CITY OF FORT WORTH ("City"), a home rule municipal corporation organized under the laws of the State of Texas and acting by and through Fernando Costa its duly authorized Assistant City Manager, and TEXAS MIDSTREAM GAS SERVICES, L.L.C. ("Company"), an Oklahoma limited liability company, acting by and through John Hatton, Area Manager . 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 a(n) eight inch (8") nominal diameter pipeline for an approximate total distance of 942 linear feet within a twenty (20') foot wide right of way corridor for the transportation of Gas through the portion of properties described in Exhibits "A," "B," and "C" ("City Property"). 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 City Property. 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 the City Property as described in Section 6.4 and as further set out in Exhibit "A" in order to construct, operate and maintain a Pipeline on the terms and conditions set forth herein, solely for the transportation of Gas and solely in accordance with the terms and conditions of this Agreement. For initial construction, a temporary construction workspace as described in Exhibit "A" is also granted as part of this Agreement. Agreement 1. DEFINITIONS. Capitalized terms used in this Agreement and not otherwise defined within this Agreement shall have the following meanings: Affiliate shall mean any individual, partnership, association, joint stock company, limited liability company, trust, corporation, or other person or entity who owns or controls, or is owned or controlled by, or is under common ownership or control with, the entity in question. Agreement shall mean the authorization issued to Company hereunder to use a portion of the City Property in the location as set out in Exhibit "A" and in accordance with the specifications detailed in Exhibits "B" and "C" and in this Agre nentt---4ortirtlir construction, installation, maintenance and repair of Company's PipeliTraitilitsra% IRO S� �TARS Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 r Pa e 0 2 --- 2 1 PO4:02 IN 0 3 p g g such Pipeline for the transportation of Gas; and (iii) any other directly related uses of the City Property as requested in advance in writing by Company and approved in writing by the City, pursuant to and in accordance with this Agreement. 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. City Facility shall mean all incidental underground and aboveground attachments, equipment and appurtenances, including, but not limited to, manholes, manhole vents, lateral line connections, valves, pipelines, junction boxes, fire hydrants, meter vaults, lift stations in, upon, under and across a portion of the City Property. City Property shall mean that property as limited to and described in Exhibit "A." Commission shall mean the Railroad Commission of Texas or other authority succeeding to the regulatory powers of that entity. 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. Customer shall mean any Person located, in whole or in part, within the City. Director shall mean the Director of the City's Planning and Development Department or authorized representative. Gas shall mean gaseous fuels, such as natural gas, artificial gas, synthetic gas, liquefied natural gas, manufactured gas, or any mixture thereof. 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 foim or business entity or association. Pipeline shall mean that certain eight inch (8") nominal diameter steel pipeline for an approximate total distance of 942 total lineal feet and other facilities as approved by the Director that are installed by Company m or on the City Property in accordance with this Agreement and pursuant to the rules and regulations as promulgated by the U.S. Department of Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations, Section 192 as adopted and modified by the Commission. 2. GRANT OF RIGHTS. 2.1. General Use of the City Property 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 Pipeline in, under, along and across the City Property at a depth Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 Page 2 of 23 of no less than thirty-six inches (36") beneath the surface of the City Property and (ii) transport Gas through the portions of its Pipeline in, under, along and across the City Property as depicted in Exhibit "A". Company hereby acknowledges and agrees that this Agreement allows only the transportation of Gas through the City and does not allow Company to distribute, sell or otherwise provide Gas to any Customer. 2.2. Nonexclusive. This Agreement and all rights granted to Company herein are strictly nonexclusive The City reserves the right to enter into and grant other and future licenses and other authorizations for use of the City Property 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 City Property that is solely within the discretion of the City, if a dispute arises as to priority of the use of the City Property, the City will resolve such dispute in a manner that does not result in unreasonable interference with Company's operation of the Pipeline for the purposes provided for herein. This Agreement does not establish any priority for the use of the City Property 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 City Property the first priority shall be to the public generally, the second priority to the City in the performance of its various functions, and thereafter, as between licensees and other permit holders, as determined by the City in the exercise of its powers, including the police power and other powers reserved to and conferred on it by the State of Texas. 2.3. Other Permits. This Agreement does not relieve Company of any obligation to obtain permits, licenses and other approvals from the City or other regulatory agency necessary for the construction, installation, maintenance or repair of Company's Pipeline or the transportation of Gas through such Pipeline. 2.4. Bonds. Prior to the commencement of any construction work in the City Property, 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 City Property. The bonds shall guarantee (i) satisfactory comphance by Company with all requirements, terms and conditions of this Agreement and (ii) full payments to all persons, firms, corporations or other entities with whom Company has a direct relationship for the performance of such construction, maintenance or repairs. If any such construction, maintenance and repair work is undertaken by a contractor of Company, Company shall also require such contractor to deliver to Company bonds executed by a corporate surety authorized to do business in the State of Natural Gas Pipeline License Agieement-Watercress Dr./TARR-DWPL-04.00 Page 3 of 23 Texas and acceptable to the City in the proportional amount of the cost of work under the construction contract or construction project that will be performed by the contractor in the City Property. 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 foi 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, 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 City Property for the Term of this Agreement the sum of Forty -Five Thousand Five Hundred and Ninety -Two Dollars and Eighty Cents ($45,592.80) (` License Fee"). Company hereby acknowledges and agrees that the amount of this License Fee constitutes just and reasonable compensation to the City for Company's use of the City Property. 4.2. Other Payments. In addition to the License Fee, Company shall pay the City all sums which may be due the City for property taxes, license fees, permit fees, or other taxes, charges or fees that the City may from time to time impose on all other similarly situated entities within the City. 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 Agi eement. 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 In this connection, Company shall be subject to, governed by and shall comply Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 Page 4 of 23 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 CITY PROPERTY. 6.1. Compliance with Laws, Ordinances, Rules and Regulations. The City has the right to control and regulate the use of the City Property, Public Rights of Way, 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, banicading requirements and any other construction rules or regulations that may be promulgated from time to time. 6.2. No Undue Burden. The Pipeline shall not be erected, installed, constructed, repaired, replaced or maintained in any manner that places an undue burden on the present of future use of the City Property by the City and the public. If the City reasonably determines that the Pipeline does place an undue burden on any portion of the City Property, Company, at Company s sole cost and expense and within a seasonable time period specified by the City, shall modify the Pipeline or take other actions deteimmed by the City to be in the public interest to remove or alleviate the burden. 6.3. Notice Prior to the undertaking of any kind of construction, installation, maintenance, repairs or other work that requires the excavation, lane closure or other physical use of the City Property, Company shall, except for work required to address an emergency, provide at least twenty-four (24) hours' advance written notice to the City and the owners of property adjacent to the City Property that will be affected. In the case of emeigencies Company shall provide notice to the affected landowners within twenty-four (24) hours after commencement of work. In addition, during any such work, Company shall provide construction and maintenance signs and sufficient barricades at work sites to protect the public. 6.4 Minimal Interference. Company will take all reasonable planning to minimize harm to the City Property and shall comply with conditions as set forth below: 6.4.1. Company shall provide the following information to the attention of the City's Gas Lease Program Land Agent Planning and Development Department, 1000 Throckmorton Fort Worth, Texas 76102-6302: Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 Page 5 of 23 a. Photographs documenting the condition of the City Property, access routes, temporary workspaces, and adjacent trees as such exist before installation of the Pipeline. All such photographs must include a visible date and time stamp indicating when the photography occurred. Company shall submit documentation of the pre -installation condition prior to beginning any construction or use of the City Property; and b. Photographs documenting the condition of the City Property, access routes, temporary workspaces, and adjacent trees as such exist following installation of the Pipeline. All such photographs must include a visible date and time stamp indicating when the photography occurred. Post -installation documentation must be submitted no later than fifteen (15) business days after the completion of installation. Planning and Development personnel will distribute copies of the documentation to all appropriate City personnel to determine whether any damage has been done to the City Property, access routes, temporary workspaces, or adjacent trees. 6.4.2. At least seven calendar days prior to the start of construction, Company shall coordinate and participate in a Preconstruction Meeting with City of Fort Worth staff to evaluate and address any issues or concerns. 6.4.3 Company shall not have the right to place permanent above ground facilities on City Pi operty other than a wooden post -and -cable fencing as detailed in Exhibit ` C.' Fence shall be constructed just inside the property hne and shall be constructed in such a way to deter trespassers from entering the property in the area affected by the Pipeline construction. 6.4.4. Company shall install the Pipeline in accordance with the installation specifications reflected in Exhibit(s) "A", "B", and "C." 6.4.5. Company shall ensure that erosion control measures are implemented before, during, and after construction in accordance with Exhibit "B." 6.4.6. Company shall have right from time to time to cut undergrowth and obstructive vegetation other than trees on the City Property In addition, Company shall also have the ability to remove those trees identified in Exhibit "B. ' Company shall not remove or allow removal of any other trees on the City Property without further written approval of the City. 6.4.7. The use of traffic control devices shall be consistent with the standards and provisions of Part VI of the Texas Manual on Uniform Tiaffic Control Devices. Company shall utilize appropriate warning lights at all construction and maintenance sites where one or more traffic lanes are closed or obstructed during nighttime conditions. Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 Page 6 of 23 6.4.8 No use of the City Property is permitted for storage or any other purpose. 6.4.9. For purposes of this section, the term "Foreign Material" shall mean any material, substance, chemical, waste, contaminant, emission, discharge, or pollutant regulated by any federal, state, or local law for the purpose of protection of health, safety or the environment, including, but not limited to, petroleum, petroleum products, and waste products associated with petroleum production. Except as otherwise provided in this Section, Company shall not knowingly cause or permit any Foreign Material to be released, brought, stored, or produced on or in the licensed area or City property in connection with Company's operations under this Agreement, provided, however, that Company shall be authorized, to store, handle, and use materials that are reasonably necessary for the construction or operation of the Pipeline so long as (i) such materials are properly stored, handled, or used in accordance with all applicable laws and the terms of this Agreement; and (ii) Company maintains Material Safety Data Sheets on - site when such chemicals are present and provides that information to the City on request. Company shall take all actions necessary to stop the release or presence of Foreign Material in connection with Company's operations Any waste produced from Company operations will be the full responsibility of the Company to cleanup, handle, store, transport and dispose. As part of the consideration for this Agreement, Company waives any claim that this Agreement in any way confers generator status on the City for waste produced from Company operations. If, during the course of construction, operation, maintenance, repair, or replacement of the Pipeline, Company encounters material that Company knows, suspects, or has reason to believe constitutes Foreign Material, Company shall immediately cease all activity, secure any material already at the surface and limit disturbance of any buried material in the vicinity of the suspected Foreign Material. Company shall notify the City in accordance with the Notice section of this Agreement of any release from Company operations and the presence or release of suspected Foreign Material or Foreign Material. NOTIFICATION MUST OCCUR WITHIN ONE HOUR AFTER CONFIRMATION BY COMPANY'S ENVIRONMENTAL HAZARD SERVICES PERSONNEL BUT UNDER NO CIRCUMSTANCES LATER THAN TWELVE HOURS AFTER INITIAL RELEASE OR DISCOVERY. As part of the consideration for the license under this Agreement, Company shall be responsible for the cost and expense necessary to Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 Page 7 of 23 construct, operate, maintain, repair, or replace the Pipeline in accordance with any federal, state or local laws regulating the environment as well as other applicable regulations. Company will be fully responsible for, in accordance with any federal, state of local laws, testing, storing, removing, loading, transporting, and disposing of Foreign Material and suspected Foreign Material encountered during the construction, operation, maintenance, repair, or replacement of the Pipeline. As part of the consideration for this Agreement, City waives any claim that this Agreement in any way confers generator status on the Company for Foreign Material and suspected Foreign Material that is pie -existing on City property. Any environmental assessment, cleanup, removal or disposal action will have to meet the standards set forth by the City's Environmental Management Division City will provide necessary personnel to work with Company regarding suspected Foreign Material or Foreign Material encountered during the work. 6.5. "As -Built" Plans and Maps. Company, at Company's sole cost and expense, shall, within ninety (90) calendar days following the completion of the Pipeline, provide the City with as -built plans of all portions of the Pipeline located in the City and the City's extraterritorial jurisdiction and maps showing such Pipeline. Company shall supply the textual documentation of such as -built plans and maps in computer format as requested in writing by the City and shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately reflected in the City's mapping system. 6.6. Specifications of the Pipeline The Company shall erect, install, construct, maintain, repair, and replace the Pipeline in accordance with the teinis of this Agreement, Chapter 15 of the City Code and all applicable state and federal laws. The Pipeline shall not exceed the size and specifications stated herein and further set out in Exhibit "A." Pipeline shall be placed at a depth of no less than 36 inches throughout the entire length of the City Property, provided however, that if the Pipeline within City Property will be crossing any existing City Facility, the Pipeline must cross the City Facility at a not less than a 70 degree angle and be buried at a minimum of 60 inches below the bottom of the lowest City Facility Company may seek a variance from these standards by submitting a written request explaining why a variance is requited and detailing the alternate installation specifications that Company proposes. No variance shall be allowed unless approved in writing by the City. If the Pipeline within the City Property crosses a water or sanitary sewer facility that is sixteen inches (16 ) of greater in diameter, Company must submit an emergency response plan to the City's Water Department prior to the commencement of the Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 Page 8 of 23 installation of the Pipeline. The emergency response plan must include, at a minimum, written procedures to minimize any hazard resulting to any City Facility, and such procedures must be approved by the City's Water Department before Company may begin construction. 6.7. Marking of Pipeline. Company shall ensure that throughout the term of this Agreement, the Pipeline is marked in a manner that is acceptable to the Director and in compliance with Federal Regulations, such marking to show conspicuously Company's name and a toll -free telephone number of Company that a Person may call for assistance. Company shall inspect markings on a periodic basis throughout the team of this Agreement and ensure that faded, defaced, or otherwise illegible markets are replaced. 6.8. Surface Excavation. The City shall have the right to coordinate all excavation work in the City Property in a manner that is consistent with and convenient for the implementation of the City's program for property management in order to preserve the integrity of the City Property. 6.9. Relocation of Pipeline. Within forty-five (45) calendar days following a written request by the City, Company, at Company's sole cost and expense, shall protect, support, disconnect or relocate to another portion of the City Property all or any portion of its Pipeline due to sheet or other public excavation, construction, repair, grading, regrading 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 director of the City's Planning and Development Department in writing and the City will work in good faith with Company to negotiate a workable time frame. 6.10. Restoration of the City Property, Public Rights -of -Way and Public/Private Property. Company, at Company's sole cost and expense, and in a manner approved by the City, shall promptly restore any portion of the City Property, Public Rights of Way other City -owned property or other privately -owned property that are in any way disturbed or damaged by the construction, operation, maintenance, repair removal, or replacement of any of the Pipeline to a condition that is at least as good as the one in which such property existed immediately prior to the disturbance or damage. Company shall diligently commence such restoration within thirty (30) calendar days following the date Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 Page 9 of 23 that Company first became aware of the disturbance or damage or, if the Pipeline is being removed, within thirty (30) calendar days following such removal. 6.11. Emergency Procedures 6.11.1. For purposes of this Section, a public emergency shall be any condition which, in the opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or man-made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed appropriate by the City Manager, Mayor, Police Chief or Fire Chief, 01 their authorized representatives, including, but not limited to, action that may result in damage to the Pipeline, and Company hereby (i) releases the City, its officers, agents, servants, employees and subcontractors from liability or responsibility for any Damages, as defined in this Agreement, that may occur to the Pipeline or that Company may otherwise incur as a result of such a response, and (ii) agrees that Company, at Company's sole cost and expense, shall be responsible for the repair, relocation or reconstruction of all or any of its Pipeline that is affected by such action of the City. In responding to a public emergency, the City agrees to comply with all local, state and federal laws, including any requirements to notify the Texas One Call System, to the extent that they apply at the time and under the circumstances In addition if the City takes any action that it believes will affect the Pipeline, the City will notify Company as soon as practicable so that Company may advise and work with the City with respect to such action. 6.11.2. The Company shall maintain written procedures to minimize the hazards resulting from an emergency. These procedures shall at a minimum provide for the prompt and effective response to emergencies, including, but not limited to, leaks or releases that can impact public health safety or welfare fire or explosions at or in the vicinity of the Pipehne, natural disaster; effective means to notify and communicate required and pertinent information to local fire police and public officials during an emergency; the availability of personnel, equipment, tools and materials as necessary at the scene of an emergency; measures to be taken to reduce public exposure to injury and probability of accidental death or dismemberment; emergency shut down and pressure reduction of a Pipeline; the safe restoration of service following an emergency or incident; and follow-up incident investigation to determine the cause of the incident and require the implementation of corrective measures. 6.11.3. Upon the discovery of an emergency the Company shall immediately communicate to the City's 911 system and the Planning and Development Department designee the following information: Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 Page 10 of 23 a. A general description of the emergency; b. The location of the emergency or incident; c. The name and telephone number of the person reporting the emergency; d. Whether or not any hazardous material is involved and identification of the hazardous material so involved; and e. Any other information as requested by the emergency dispatcher or other such official at the time of reporting the emergency or incident In the event of an emergency that involves that portion of the Pipeline located in the City Property and 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 City as promptly as possible. Aftei the emergency has passed, Company shall apply for and obtain any required construction permits and otherwise fully comply with the requirements of this Agreement. 6.12. Removal of Pipeline. Upon the revocation, termination or expiration without extension or renewal of this Agreement, Company's right to use the City Property under this Agreement shall cease, and Company shall immediately discontinue the transportation of Gas in or through the City. Within six (6) months following such revocation, termination or expiration and if the City requests, Company, at Company's sole cost and expense, shall remove the Pipeline from the City Property (oi cap the Pipeline, if consented to by the City), in accordance with applicable laws and regulations. If Company has not removed all of the Pipeline from the City Property, (oi capped the Pipeline, if consented to by the City) within six (6) months following revocation, termination or expiration of this Agreement, the City may deem any portion of the Pipeline remaining in the City Property abandoned and, at the City's sole option, (i) take possession of and title to such property or (ii) take any and all legal action necessary to compel Company to remove such property; provided, however, that Company may not abandon its facilities or discontinue its services within the City without the approval of the Commission or successor agency or any other regulatory authority with such jurisdiction. Within six (6) months following revocation, termination or expiration of this Agreement and in accordance with Section 6 10 of this Agreement, Company shall also restore any property, public or private, that is disturbed or damaged by removal (or, if consented to by the City, capping) 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 Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 Page 11 of 23 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 Pipeline or any related facilities or appurtenances; (ii) the transportation of Gas through the Pipeline; (iii) any claim or lien arising out of work, labor, materials or supplies provided or supplied to Company, its contractors or subcontractors; or (iv) Company's failure to comply with any federal, state or local law, ordinance, rule or regulation, except to the extent directly caused by the negligent or grossly negligent act(s) or omission(s) or intentional misconduct of the City. COMPANY HEREBY ASSUMES ALL LLABILITY 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 CITY PROPERTY UNDER THIS AGREEMENT OR WITH THE USE, MAINTENANCE, OCCUPANCY, EXISTENCE OR LOCATION OF THE CITY PROPERTY, 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, WITHOUT LIMITATION, THOSE FOR PROPERTY DAMAGE AND PERSONAL INJURY, INCLUDING DEATH) WHICH MAY ARISE OUT OF OR BE IN ANY WAY CONNECTED WITH (I) THE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE OR CONDITION OF THE PIPELINE OR ANY RELATED FACILITIES OR APPURTENANCES; (II) THE TRANSPORTATION OF GAS THROUGH THE PIPELINE; (HI) ANY CLAIM OR LIEN ARISING OUT OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS; OR (IV) COMPANYS FAILURE TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR REGULATION, EXCEPT TO THE EXTENT DIRECTLY CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL MISCONDUCT OF THE CITY. Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 Page 12 of 23 7.3 Assumption of Risk and Environmental Remediation. COMPANY HEREBY REPRESENTS TO THE CITY THAT (I) COMPANY HAS FULLY INSPECTED THE CITY PROPERTY; (ri) COMPANY IS SATISFIED WITH THE CONDITION OF THE CITY PROPERTY; AND (ill) 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 CITY PROPERTY. ALTHOUGH, TO THE BEST OF THE CITY'S KNOWLEDGE, THE CITY PROPERTY COMPLY 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 Indemmtee by reason of any mattes 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 City Property and the construction, installation, operation, maintenance or condition of the Pipeline, including the tiansportation of Gas through the Pipeline. The insurance required hereunder may be provided by a combination of self-insurance, primary and excess policies. Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 Page 13 of 23 8.1. Primary Liability Insurance Coverage. • Commercial General Liability: $5,000,000.00 per occurrence, $10,000,000.00 aggregate, 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; (vii) underground resources damage (viii) independent contractors protective liability; and (ix) broad -form property coverage. Environmental Impairment Liability (EIL) &/Or Pollution Liability: a) Company shall purchase and maintain in force throughout the term of this Agreement, insurance and protection for bodily injury; property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed; cleanup costs; and defense, including costs and expenses incuned in the investigation, defense, or settlement of claims; all in connection with any loss arising from the Pipeline site. Coverage shall be maintained in an amount of $5,000,000.00 per loss, with an annual aggregate of $10,000,000.00. b) Coverage shall apply to gradual pollution; seepage; sudden and accidental pollution conditions resulting from the escape of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gasses; waste material; or other irritants, contaminants or pollutants. If EIL is written on a "claims made" basis, the Company must maintain continuous coverage and purchase Extended Coverage Period Insurance when such coverage is not otherwise included as part of the basic policy, for as long as this Agreement is in effect and for five (5) years after its termination or expiration. • Property Damage Liability: $10,000,000 per occurrence • Automobile Liability: $1,000,000.00 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 Natural Gas Pipeline License Agreement -Watercress Dr.TARR-DWPL-04.00 Page 14 of 23 • Worker's Compensation: As required by law; and, Employer's Liability - $1,000,000.00 per accident Such coverage shall include a Waiver of Subrogation in favor of the City and provide coverage in accordance with applicable State and Federal Laws. 8.2. Revisions to Required Coverage. At the reasonable recommendation of the City's Risk Manager, the City may at any time revise insurance coverage requirements and limits required by this Agreement. Company agrees that within sixty (60) days of receipt of wiitten notice from the City, Company will make all reasonable efforts to implement all such revisions requested by the City and, if Company is unable to implement such revisions, Company shall provide the City with one or more specific reasons why Company could not implement such revisions Each policy of insurance shall include an endorsement providing that 30 days' notice of cancellation or change in coverage will be furnished to the certificate holder. 8.3. Underwriters and Certificates. Company shall procure and maintain its insurance with underwriters authorized to do business in the State of Texas and who are acceptable to the City in terms of solvency and financial strength. Within thirty (30) days following adoption of this Agreement by the City Council, Company shall furnish the City with certificates of insurance signed by the respective companies as proof that it has obtained the types and amounts of insurance coverage required herein In addition, Company shall, on demand, provide the City with evidence that it has maintained such coverage in full force and effect. 8.4. Deductibles. Deductible or self -insured retention limits on any line of coverage required herein shall not exceed $1,000,000.00 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 Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 Page 15 of 23 9.1. Failure to Pay License Fee An Event of Default shall occur if Company fails to pay any License Fee on or before the respective due date. 9.2. Breach. An Event of Default shall occur if Company materially breaches or violates any of the terms, covenants, representations or warranties set forth in this Agreement or fails to perform any obligation required by this Agreement. 9.3. Bankruptcy, Insolvency or Receivership. An Event of Default shall occur if Company (i) files a voluntary petition in bankruptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any petition filed against it seeking any reorganization, arrangement composition, readjustment, liquidation, dissolution or similar relief for itself under any laws relating to bankruptcy, insolvency or other relief for debtors; (iv) seeks, consents to or acquiesces in the appointment of any trustee, receiver, master, custodian or liquidator of Company, any of Company's property o1 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 or any existing or future ordinances, rules and regulations of the City. 9.5 Failure to Complete Construction An Ft vent of Default shall occur if Company fails to complete construction of the Pipeline within one (1) calendar year from the execution of this Agreement. 10. UNCURED DEFAULTS AND REMEDIES. 10.1. Notice of Default and Opportunity to Cure. If an Event of Default occurs on account of Company's failure to pay the License Fee in accordance with Section 9 1 or failure to complete construction of the Pipeline in accordance with Section 9 5, such Event of Default shall be deemed an Uncured Default and the City shall have the right to telnuinate this Agreement immediately upon provision of written notice to Company. If an Event of Default occurs for a reason other than for failure to pay the License Fee, the City shall provide Company with written notice and shall give Company the opportunity to cure such Event of Default. For an Event of Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 Page 16 of 23 Default which can be cured by the immediate payment of money to the City, Company shall have thirty (30) days from the date it receives written notice from the City to cure the Event of Default. For any other Event of Default, Company shall have sixty (60) days from the date it receives written notice from the City to cure the Event of Default. If any Event of Default is not cured within the time period specified herein, such Event of Default shall, without further notice from the City, become an `Uncured Default" and the City immediately may exercise the remedies provided in Section 10.2. 10.2. Remedies for Uncured Defaults. Upon the 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 Agieement, 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 of effect. Company shall remain obligated to pay and the City shall retain the right to receive License Fees and any other payments due up to the date of termination. Company shall remove the Pipeline from and restore the City Property 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 tenminate 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. Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 Page 17 of 23 Company shall upon request provide copies to the City of all documents which Company files with or sends to the Commission or another state or federal regulatory body concerning or related to its transportation of Gas through or other operations m the City, including, but not limited to, filings related to (i) tariffs; (ir) rules, regulations and policies requested, under consideration or approved by the Commission and (iii) applications and any supporting pre -filed testimony and exhibits filed by Company or third parties on behalf of Company, on the same date as such filings are made with the Commission. In addition, Company shall provide the City upon request with copies of records, documents and other filings that Company is required to maintain or supply to the Commission under any applicable state or federal law, rule or regulation concerning or related to its transportation of Gas through or other operations in the City. In addition, regardless of whether the City makes a request, Company shall provide the City with copies of the Company's filings with the Commission or another state or federal regulatory body that (i) involve a safety incident within a one -mile radius of the Pipeline, (ii) relate to the Pipeline and involve its location or configuration; (iii) relate to the Pipeline and involve a public health or safety issue, or (iv) relate to the Pipeline and concern the issuance, modification, renewal, suspension, revocation or reinstatement of the permit for the Pipeline. Company shall also provide a written report to the City's Gas Inspector describing how the Company responded to resolve any health or safety incident that is the subject of its filing with the Commission. 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, contactors 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. Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 Page 18 of 23 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. 14. NOTICES. Except as otherwise provided below, notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (i) hand -delivered to the other party, its agents, employees, servants or representatives, or (ii) received by the other party by United States Mail, postage prepaid, return receipt requested, addressed as follows: To THE CITY: City of Fort Worth Gas Lease Program, Land Agent 1000 Throckmorton Fort Worth, TX 76102 with a copy to: City of Fort Worth Department of Law Attn: Attorney for T/PW-Pipelines 1000 Throckmorton Fort Worth, TX 76102 To COMPANY: Texas Midstream Gas Services, L.L.C. Manager — Property Rights 301 Commerce Street, Suite 600 Fort Worth, Texas 76102 with a copy to: Texas Midstream Gas Services, L.L.C. c/o CT Corporation System 350 North St. Paul Street, Suite 2900 Dallas, TX 75201 For notices regarding known or suspected Foreign Material (as defined in Section 6.4.9), Company shall notify the City in accordance with the timelines specified in Section 6.4.9 via telephone at (817) 922-3000 and via e-mail at stoi7nwater(cD,forlworthtexas.gov. 15. NON-DISCRIMINATION COVENANT. Company shall not discriminate against any person on the basis of race, color, national origin, religion, handicap, sex, sexual orientation or familial status in the receipt of benefits from Company's business operations, in any opportunities for employment with Company or in the construction or installation of the Pipeline. 16. NO WAIVER. The failure of the City to insist upon the performance of any tern 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 perfonnance or to assert any such right on any future occasion. 17. GOVERNING LAW AND VENUE. Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 Page 19 of 23 This Agreement shall be construed pursuant to and in accordance with the laws of the United States of Ameiica 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 City Property, venue for such action shall lie exclusively in state courts located in Tarrant County Texas or the United States Distiict Court for the Northern District of Texas, Fort Worth Division. 18. CONFERENCES. At the request of either the City or Company, the City and Company shall meet at reasonable times and upon reasonable notice to discuss any aspect of this Agreement, Company's Pipeline, Company's operations in the City, Company's transportation of Gas or Company's use of the City Property. Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 Page 20 of 23 19. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final older entered by a court of competent jurisdiction, the validity, legality and enforceability of the remaining piovisions shall not in any way be affected or impaired. For purposes of this Agreement, a court order shall be final only to the extent that all available legal rights and remedies pertaining to such order, including, without limitation all available appeals, have been exhausted. In such an event, the City and Company agree that they shall amend or have amended this Agreement to comply with such final order entered by a court of competent jurisdiction. 20. FORCE MAJEURE. In the event Company's performance of any of the terms conditions or obligations required by this Agreement is prevented by a cause or event that is not within Company's reasonable control, Company's non-performance shall be deemed excused for the period of such inability Causes or events that are not within the Company's control shall include, but not be limited to, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions and natural disasters. 21. HEADINGS NOT CONTROLLING. Headings and titles, other than those captions in Section 1, that are used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement 22. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Company as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties and approved by the City Council of the City. [INTENTIONALLY LEFT BLANK SIGNATURES ON FOLLOWING PAGE] Natural Gas Pipeline License Agreement -Watercress Dr.TARR-DWPL-04.00 Page 21 of 23 EXECUTED as of the later date below: CITY OF FORT WORTH: Assistant City Manager Date: 2/21/13 APPROVED AS TQ F RM AND By: IN' AssistanWity Att M&C lfrg12-6 e a (Th, konald R Goy -,. es, y TEXAS MIDSTREAM GAS SERVICES L.L.C. By: John Ha Date: EGALITY: Area Manager ithk It Fal to(3 �- 5yu3 __ ContractAuthorization Date a� coat h�0 t.CJ7n�o0paoopop�IR� Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 .a 1 'lei IS M• r. OFFICIAL RECOM1 (� UNr 9 g 22 of 23 . i ~ `*2 =• , .i� ,; MY COMMISSION EXPIRES Notary Public in and for th '�;;;;;;�•� duly to, 2013 r., State of Texas ea- .s attain My Commission Expires: 7" 4.5 4////; /)7s Print Name of Notary Public Here THE STATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGEMENTS THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned, a Notary Public, on this day personally appeared Fernando Costa, Assistant City Manager of the City of Fort Worth, a home -rule municipal corporation of the State of Texas, known to me to be the person whose name is subscribed to the foregoing instrument and, that (s)he has executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this og/ 2013. day of‘ci t . . EVONIA DANIELS 2-JAI y A BEFORE ME, the undersigned, a Notary Public, on this day personally appeared John Hatton, Area Manager, on behalf of Texas Midstream Gas Services L.L.C., an Oklahoma Limited Liability Company, known to me to be the person whose naive is subscribed to the foregoing instrument and, that (s)he has executed the same for the purposes and consideration therein expressed. GIVE [SEM: L OF OFFICE this / 4 44 day of ,b A , 2013 ALLEN R. BATES Notary Public, State of Texas My Commission Expires February 24, 20 t 3 ( I tary Public in and for the Mate of Texas ___k gn-iII. • I . •I all I My Commission Expires: ai7VAP0/3 MR' 6 Print Name of Notary Public Here Natural Gas Pipeline License Agreement -Watercress Dr./TARR-DWPL-04.00 FFIUoML FitLactSitiLi (14, _ 1I 1i' c_;if\1�'_'; ti '-t UV\ U 1714 LIFO 1. Page 23 of 23 I1E11 MCI 40 491.11A IA 19.4 fen Rl moratuvr2 �/ w(Lw11ED 94371144 b fiL(Elaz 44.1 110 411 125 1D n°LC>MQ 1 EI _savvy*, 2 11q•rvs •••••••141 ^ 114 T.^ RR 12 - \1 w. xa eu es 0)'111 IN 14 041 44 w 64 0S1 San -PP 07 45 ON 40 a1▪ t '0 11 .112 1 w w.1•4V. ors..^ MD412 vt412140 411111109.111 1•j1 11 1CVV•a 101 1A•1L41Y1a 314 A16EwV! 2 ITT •e'~eI'_D. m %WWII!2 41 14911•°ra -11 214 91141•W442 1 x 15 suF ssovcr 140. LOT 4 CLOCK 8 VAN MDT PLACE Ni. 3614-1, PC. 40 hi JORGE G. TOLEDO-OCAMPO 8 LEA M. AIATPJ (PORTION OF LOT 4 I P17. uf. 020121a132 OP.RT.CT. wqr� a w11v12_ 1.4"1wa . sommmo - - °•eeJL o1sl11RD ffi 1.7se1VED 4a 1i4DVED n t▪ ia 11 Ml I M1 1 asavana, m1•y1V12 117 1a gMa •EA!CL'lrE� 41 1910e1VEQ 011 e1 0Aw 4! •9iQ1WD art RBOSVED Qt !MGM_ _ 2 RE1?IED U7 1 D ITT 1• 111•Q tl 41 RP_ MC>r D 1 � 7a r 1Rl 4•IPR D mr 41114342 aLia 114 VOievILI n 41 11 4D4ED 12 1,1 144 147 11111 1140 141 1112 117 114 MS f a 41 GIP la 11 1qr 111404.2 "7 1R44VE4 12 101130447.2 111113911110 .+,1011�0 •, err I Al* o1s4•KD )rf 112 41 onsunta wl4fKD 1911ORVED 11. .4110.12 41 m 191111170 11111201.1. •1sc1,sD 11 EIED 11'1saRr[Q 'Ril9VED MUM 1•11111121KD 97 41 4' 41 r. tat °4191esxn •1 r97•1Ci4n 4 77 199941410 191114094 0415011112 w b �•1 e Re111121R4 44119E411140 "911121112. oomerem all 1i1Rt1RVED 111010,10 9)99411.0. to RT11317 41 2 gennon ,•rcrn wee1VED toissenta 5 1» r 11*-1 k'✓,J114 0V4 1 ,• 41 R>10,4ED mr 19aE9Ma 15 m 20 214 TOTAL C* $0IW.1 [R1AUaRlls 10TBLauESItlet otrmlaMNCNLS liaott 1q'1CWT tr►11.p u C.PERa110045AIMORIEDPDt1RAn!tNltRea .49.19419 19Es1411N1.^. --- PRCPOSfD NATURAL CAS P(PEUNE (HDD SECTION) 1 LA.IRCC Tong Lien ree 32+D0 212 111DC 11C117 MCA - (BY 2PNIATC 1L'TRIJYOJT) ,n,rr��' DE •• M�0 D'r fij E VI►JCENT R. COOPER B WIFE KARf7J T. COOPER (LOT 5 A PART OF LOT 4 1 11C). Mo. D?111]2;07 DP.A.T.CT KM TRLG aJ TKD ARLA ARE ;WILLER THAR a INCHES N ma L1111111 1.11.111 At,1 'A. 1 1pJ1 a. . 'C`OTK1 ^.C1A1L •r J/91104 • ti1141RAM A 41104 114 % t;A110v1 A111A VA 0• asr 4cw.v, «111^ LOT 5 540 408.0 508 548 \� MINT114. a 63a6 00� 0 0 II! 2SS =.aa alas -AP? . LDCAllant :r1JSV[Y L7IL all dB MI 407 406 ,530 VARIABLE t�111 TDIPORN1Y frECCSPACL AKA (BY 9L'TARAlt t40110JLOJT) 1X- TARR-DWPL-004.00) CITY OF FORT WCRTH VOL 003, PG. �.23 D,R.T.C.T. •509 10 •414 IP r' w me JIMMIE w w411111149194 BLOCK 81 VAN ZAtDT PLACE vOL 7E0-Y. Pa. a1 P.RT.C.T. IWESTERTJ Cr FORT WORTH. INC. XL. 10 A PC. XI DRTL.T. 52919 533r 511 5574 SITE ADDRESS' 9849 WATERCRESS DRIVE FORT WORTH, TX 76106 (TX -TAR R- DWPL- 004.00) CITY OF FORT WORTH vOL 663. PO. 220 D.R.T.CT. LOT 17 LOT 18 LOT 16 (up;21 LAKE WORTH LEASF CA4 'A..yor 60 PdU C.1, PROPERTY LIMITS W.R.K DEVELOPWErJT CO . PC?! XL. 1Ja2L PC. 217 0.R1C.T 1, iw= DF r � w�ll r PROPOSED e' NATURAL CAS PIPELINE (Tr>frJaEv SECTION .541 544 • 969 543 \ 5210 519 LOT 15 100 LEGEND TREE SYMBOL W/ TAG * PROPOSED MATLRAL GAS P1PELRIE `T..g- t l'S_ T .` 929 20+0D 932. 931 916 '989 '933 912 CLEARING 976 967 l 0 966 566 0507 532o ithevilk 93d 02 935 . 979 936' 531 503' 87 J 1 0911 909° 927° 914 929 9600 0975 973' CHESAPEAKE MIDSTREAM 100 ENERGY WAY FORT WORTH. TX 76102 2 953.5956 985 951 947 970 977 0961 0974 94 996 .999 \ el ,13 98 9.54 972* 963 !LOCK LI GIM .983 997 945. 924. .904 .921 880. .899 465 .981 .950 89 LOT 4 Fhtsfr TOR fief COD. rrp• 1fir 8830 II 854.1 11 886 887 MR KITH CRY tyre itiorgA arIrt Toole • TREE SURVEY FOR CITY OF FORT WORTH DEREK WEAVER PAD LATERAL 8' PROPOSED NAlURAL GAS PIPELINE TARJVCFOURDPIXAS ISM -004.00-1REE 3URVEYIREV. 2 ; EXHIBIT B EXISTING TREES TIED CALIPER FOILAGE CANOPY AREA REMOVED / (IN.) (DBH) DIAMETER (SQ. FT.) PRESERVED TREE # SPECIES (FT.) 400 401 402 403 404 405 406 407 408 502 503 507 508 509 510 511 519 520 525 529 530 532 533 534 537 540 541 543 544 548 557 558 560 566 837 854 855 864 865 868 870 878 879 HACK HACK PINE HACK HACK OAK ASH ASH POPLAR OAK OAK OAK OAK (DEAD ASH OAK OAK OAK OAK ASH OAK ASH OAK OAK ASH OAK ASH OAK OAK OAK OAK OAK OAK OAK OAK CEDAR CEDAR OAK OAK OAK OAK OAK OAK OAK 6 25 9 35 8 20 8 30 17* 40 11* 40 10* 25 6 25 6 20 11 25 7 15 14 40 27 35 7 25 6 20 7 20 11 35 15* 30 13 35 34* 50 6 25 16 40 17* 40 8 30 13 35 9 25 10 35 8 25 6 20 11 25 18* 35 17 40 12 35 13 40 6 30 10 30 11 30 8 25 11 35 7 20 6 15 7 15 9 25 491 962 314 707 1,257 1,257 491 491 314 491 177 1,257 962 491 314 314 962 707 962 1 963 491 1,257 1,257 707 962 491 962 491 314 491 962 1,257 962 1,257 707 707 707 491 962 314 177 177 491 1 P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED REMOVED REMOVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED REMOVED REMOVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED EXHIBIT B 880 882 883 886 887 894 895 899 900 902 904 905 906 907 908 909 910 911 912 913 914 916 917 919 920 921 922 923 924 926 927 928 929 930 931 932 933 934 935 936 937 938 OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK ELM OAK ELM OAK OAK OAK OAK OAK OAK 8 20 16 40 14 35 6 20 21 35 9 25 7 20 7 15 13 35 9 20 8 20 8 30 10 25 8 15 13 25 11 20 7 25 16 35 6 15 6 15 11 20 10* 25 14* 35 7 20 14 25 10 25 7 25 14 35 10 25 19 35 12 35 9 30 11 25 11 35 9 30 7 20 7 25 12 30 17 40 12 35 12 30 11 20 314 1,257 962 314 962 491 314 177 962 314 314 707 491 177 491 314 491 962 177 177 314 491 962 314 491 491 491 962 491 962 962 707 491 962 707 314 491 707 1,257 962 707 314 P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED P RESERVED REMOVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED REMOVED P RESERVED P RESERVED P RESERVED REMOVED REMOVED P RESERVED P RESERVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED REMOVED P RESERVED P RESERVED REMOVED EXHIBIT B 939 942 943 944 945 946 947 949 950 951 952 953 954 955 956 957 958 960 961 962 963 964 965 966 967 969 970 971 972 973 974 975 976 977 979 980 981 982 983 984 985 986 987 989 990 991 OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK OAK ELM OAK OAK OAK OAK OAK OAK OAK OAK 13 25 13 30 7 25 14 35 9 25 8 25 12 35 10 30 6 15 8 25 7 15 31* 35 10 25 13* 35 15 45 14 35 6 20 15 40 16 40 11 30 6 15 10 25 7 15 16 40 9 35 6 15 11 30 9 25 7 15 7 20 16 35 15 35 8 20 13 30 10 25 13 35 6 20 8 30 7 15 8 15 9 25 6 15 14 25 9 20 12* 35 12 25 491 707 491 962 491 491 962 707 177 491 177 962 491 962 1,590 962 314 1,257 1,257 707 177 491 177 1,257 962 177 707 491 177 314 962 962 314 707 491 962 314 707 177 177 491 177 491 314 962 491 1 1 1 REMOVED REMOVED REMOVED REMOVED P RESERVED REMOVED P RESERVED REMOVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED REMOVED P RESERVED REMOVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED REMOVED P RESERVED P RESERVED P RESERVED P RESERVED REMOVED P RESERVED P RESERVED P RESERVED REMOVED REMOVED P RESERVED EXHIBIT B 992 OAK 12 30 993 OAK 16 35 994 OAK 9 20 995 OAK 9 30 996 OAK 7 15 997 OAK 14 20 998 OAK 12 30 999 OAK 7 15 1000 OAK 14 20 TOTAL CALIPER SURVEYED 1486 INCHES TOTAL CALIPER REMOVED 395 INCHES NOTE• NO "NEW TREES' PROPOSED 707 962 314 707 177 314 707 177 314 * CALIPER SHOWN IS ADJUSTED PER MULTI -TRUNK TREE P RESERVED REMOVED REMOVED REMOVED P RESERVED P RESERVED P RESERVED P RESERVED P RESERVED 1 23+00 700 690 630 670 660 050 640 630 620 610 GOO TX— TARR--DWPL-003.01 STEPI{N WILUAM WF.QAI a GRACIC NCUTAAN 1141. NO. D70272D1•: D.Ie.1.0 r i ` �. 24400 0 - ' n 1 ONT WOPTH Or I LAIR'S LAPt•aut To -Wu Lott': i PQCP, MAC SECTION .W/ I. 000' RA01 10' as° r • s wools 25+00 26+OC APPPDX LOC SURVEY LINE Sediment litter Constructed of hay bales 15 to 20 bales staked with steel t-post. :'7+OC l • • • • • Sediment filter. Constructed of hay balers 15 to 20 :bales staked with ' :tee! t•oost • • • • • • .I STA 6O.t. r.. ‘1.' CONNECTION POII 304 0G 1 • • • • rt • • r- . CITI OP FORT WORTH re va. Iles. PC. :20 n.N•t•c 1a0' -•21 • 20+00 r ..d S1 Sao r - : , . 800 ft. of 12 Inch 11" ..strawwattles spaced at 20ft Intervals r 14,600 sq o curlex gran . mat American Excels,r Company Curlox 1 or Curtex II wESTCRN OF FORT %OR TH. v01. 5O50. PG J43 O.R.1,CT. OPTION A J l % •� -� T NL T his boundary or This work:.pacr would follow the bottom of the slope as much as . po^tible STA 3O•Si NOD EXIT 14 • FROM Pi LOT 5 "CENT R , COOPER $ $IF! KAPCN T . COOPCR l4ATSl0 n:T.6Ile D 1IflOr3'07T4) O.F.R.1PARTG T, 23.0C 29+00 30+00 55% SLOPE 31+00 1 1 1 • t 32+00 ea/ Ci LOT 4 JORGE G. TOLEDO—OCAWO a USA M. AUSTIN IMRTIDN or LOT 4 1 last. 'la D20.711SR Qr.er T.C.T. 33+00 700 1 690 680 670 660 050 640 630 620 610 600 FJ EXHIBIT B Derek Weaver Pad Lateral Erosion Control Plan for City of Fort Worth Property Tier 1— Horizontal Directional Drill Tier 2 — Open Trench Tier 3 — Restoration The Erosion Control Plan (ERC) has been developed in three portions, or tiers. The exact dates at which the horizontal directional drill (HDD), open trench, and restoration will be completed are not known at this point and will likely remain dynamic. The tiers and their specifications are listed below. Tier 1— Horizontal Directional Drill Silt Fence will line workspace from toe -of -slope (^' SN 30+75), along tree line to the south and cleared workspace area to the north to limit water velocities and contain sediments across the disturbed site. Wattles will be placed at the southernmost and southeast corners of the workspace, outside the silt fence within City of Fort Worth property to slow water velocity. Sediment filters constructed of staked hay bales will be strategically placed in areas that allow normal movement of water across the site, without loss of sediment downstream. There is a small drainage east of the City of Forth Worth property that flows from the north to the south, directly into Lake Worth. North of the workspace, a rock -check dam and separate hay bale and silt fence dam will be placed to slow water velocity across the workspace and trap any sediments moving down slope. Downstream of the workspace, two silt -fence and hay bale dams will be constructed and three straw wattles will be incrementally placed within the drainage to further slow and filter any water flow from the construction site. Tier 2 — Open Trench The erosion control measures used within Tier 1 with proper updates and adjustments, as needed. During construction, wattles will be placed down slope of any disturbed areas to catch and contain sediments moved by unexpected rain events. Tier 3 — Restoration The workspace within the City of Forth Worth property and the directly adjacent property to the north will include the erosion control measures used within Tier 1 with proper updates and adjustments, as needed. American Excelsior Company Curlex 1 or Curlex 2 (or approved substitute) will be applied to the majority of the workspace, with exceptions only including areas that are stabilized with pre-existing vegetation. We estimate roughly 14,000 square feet. EXHIBIT B Access Midstream Partners - Derek Weaver Pad Lateral — Erosion Control Plan (Tier 3 - Restoration, continued...) Straw wattles will be placed in a northwest to southeast direction across the workspace to slow water velocity, filter, and prevent sediment from defeating the silt fence that lines the area. Based on the completed workspace's dimensions, water check dams will be placed on the north side of the workspace to allow water to escape along normal drainage routes off the site. The combined functions of the wattles, silt fence and straw bale sediment filters create a system that will allow water to travel on and off the site at controlled velocities without the loss of sediment downstream. Combined with the curlex grass mat, this system will create a stable environment for seed bed establishment. The drainage to the east will be restored back to grade. The aforementioned curlex will be placed in the bed of the drainage and at the top -of -bank while the banks themselves will be lined with six to twelve inch diameter rock to ensure stability in the future and prevent future erosion. The top of the bank will also be lined with wattles, as well. All disturbed areas will be seeded with an upland mix containing Hulled and Un-hulled Bermuda Grass, Pensacola Bahia grass, and Crimson Clover at a rate of 20 Ibs per acre for each species. Depending on season, additional Rye or Millet will be added to the mix to aid in the establishment of quick cover. The seed will be applied to a firm bed to ensure good contact with the soil and the best possible conditions for quick germination and root development. • • • EXHIBIT "C" • ••. • • I f ./ .) 1 if 1 • IP • 7 [in z%e f•-•, _L u o;?, o 0 0 .470 RS L w 'a) V 4( I 6 tv o13 a.% 000 0 22 E3 co a) L `o :fl nf Fort Worth, exaN Mayor and Council Communication COUNC1111 , AC Q®N: Appr.v d an 9/25/2012 DATE: Tuesday, September 25, 2012 LOG NAME: 06DWPLGAS SUBJECT: REFERENCE MO.: L-15443 Authorize Execution of an Agreement Granting Texas Midstream Gas Services, L.L.C., a License to Construct and Operate an Eight -Inch Natural Gas Pipeline Across City -Owned Property Located at 9849 Watercress Drive for a One -Time License Fee in the Amount of $45,592.80 (COUNCIL DISTRICT 7) RECOMWVIENDATION: It is recommended that City Council authorize execution of an Agreement with Texas Midstream Gas Services, L.L.C., for a one-time license fee of $45,592.80 and granting a license to construct and operate an eight -inch natural gas pipeline across City -owned property located at 9849 Watercress Drive for a term of 20 years. DISCUSSION: The City has been approached by representatives of Texas Midstream Gas Services, L.L.C., requesting a license to use a portion of City -owned property located at 9849 Watercress Drive for the construction and operation of a natural gas pipeline. The property is located north of Watercress Drive and just east of Wildwood North Park. The proposed alignment will allow for a total of 942 linear feet of eight -inch diameter natural gas pipeline within a 20-foot wide strip of land across the property (0.433 acres more or less). For initial construction, a temporary construction workspace parallel, abutting and contiguous to the license tract (0.578 acres more or Tess) shall be part of this Agreement. In consideration of the future development opportunities for this land, the proposed pipeline will be aligned along the northern boundary of the property. In order to complete this project, workspace will be necessary within a portion of tree canopy to string and construct the pipeline. Approximately 36 trees will be impacted ranging in size from six-inch Diameter at Breast Height (DBH) up to 19-inch DBH for a total of 395 inches. A mitigation fee in the amount of $79,000.00 will be assessed for the benefit of the Community Tree Planting Program Fund, which is administered by the Parks and Community Services Department and used to plant trees on public property within the City. The City Forester has rev&,awed the proposed alignment and considers the proposed mitigation acceptable. Texas Midstream Gas Services, L.L.C., has agreed to pay the City the standard fee of $48.40 per linear foot of pipeline for the use of the property for a term of 20 years for a total cost of $45,592.80. Revenues received from this project will be administered in accordance with the City's Financial Management Policy Statements. Texas Midstream Gas Services, L.L.C., will be responsible for repairing and restoring any damage to the strip of land or surrounding property resulting from the construction of the pipeline. The property is located in COUNCIL DISTRICT 7, Mapsco 44U 'I©rA1 IAICfliannAtri SKI / rc®i11=1rAYIfM. Logname: 06DWPLGAS Page 1 of 2 The Financial Management Services Director certifies that the Planning and Development Department is responsible for the collection and deposit of funds due the City under this Agreement. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers GC10 446300 006060001000 $22,796.40 T127 446300 006127099901 $22,796A0 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Randle Harwood (6101) Jean Petr (8367) Additional Information Contact: D. J. Harrell (8032) ATTACHMENTS 1. DWPL M&C MAP.pdf (Public) Lo,"ame:061)WPI-GAS Page 2 of 2 EXHIBIT "A" h LAKE WORTH-------- MON . W/ BRASS O CAP (CM ) PLACE OF .'i BEGINNING "LICENSE AGREEMENT" PERMANENT EASEMENT BY • SEPARATE INSTRUMENT S00 ° 54 '23E LOT I , BLOCK I 20.00 ' POTEET ADDITION SOO °54 2.347E CAB . " B' , SLIDE 3581 35.00 P.R-T.C.T. TEMPORARY CONSTRUCTION EASEMENT BY SEPARATE INSTRUMENT WESTERN OF FORT WORTH , INC . VOL. 5050, PG. 363 D.R.T.C.T. 5D� a5G R$E PGA ,RHO � � GLP Pg Tor OWN DE LAy<S GREGG A. E. MADSEN NOTES: r N89 ° /9 3 7 E 418.30' LOT 5 `--VINCENT R . COOPER a WIFE KAREN T . COOPER ( LOT 5 a PART OF LOT 4 ) INST. No. D211153287 O.P.R.T.C.T. SOO ° 54 '23' E \ 104 r64'Tla LIA t‘c ham O A o ti (1) ALL BEARINGS SHOWN HEREON ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202 NAD OF 1983, AS DERIVED BY FIELD OBSERVATIONS UTILIZING THE RTK NETWORK ADMINISTRATED BY WESTERN DATA SYSTEMS. LOT 4 DEED LINE JORGE G . TOLEDO-OCAMPO a LISA M r AUSTIN ( PORTION OF LOT 4 ) INST. No. D204219332 O.P.R.T.C.T. 20' LOT 3 • • ®i BLOCK 8 VAN ZANDT PLACE N VOL 388-Y , PG . 98 to d PrR.T-C.T-T • 1 (2) TITLE INFORMATION PROVIDED BY TEXAS MIDSTREAM GAS SERVICES, L L.C. LOT 2 LOT I N13 ° 30 1088 W 20.51 'Th (3) THIS SURVEY WAS MADE ON THE GROUND DURING THE MONTHS OF OCTOBER THRU DECEMBER 2011 UNDER THE DIRECTION OF GREGG A E. MADSEN R.P.L.S. NO. 5798. (4) REFER TO THE ACCOMPANYING FIELD NOTES ATTACHED HERETO AND MADE A PART HEREOF. 3 8/28/12 2 8/8/12 I 5/ 17/ 12 NO. DATE REVISIONS JPR REVISED TEMP. WORKSPACE AREA BMW REVISED TEMP. WORKSPACE AREA BMW REV . LICENSE AGREEMENT/TWA BY DESCRIPTION V/NA mn SURVEYOR PREPARING THIS EXHIBIT: TWR TWR JRA CHK. ozz • i • • • • • • • • • • • • :92 ::• 4 N61 ° 36 'l5 54.96 KE �pR`cH PO CM APPROX . LOC . ALA SS CA SURVEY LINE \N I BRA STEPHEN WILLIAM NEUMAN a GRACIE NEUMAN INST . No . D202220112 bE O-P-R.T.C-T• LOT 13 CUT ° E' GI VI IT �1�G " TEMP. WORKSPACE AREA" ' \ SOO°40'23°E— 20.00' C LOT 15 S89 °'37° Vie, BLOCK 2I 61.58 a O` LAKE WORTH LEASES fi \\CAB - " A SLIDE 9276 N40°30'29a N 23..83' N00 °40 123 8 YI 10•00' • APPROXIMATE LOCATION OF CITY LIMITS LINE a SURVEY LINE --- 5 ' • • `PROJECT DRAWN BY CHECKED BY' SEGMENT ID DATE' SHEET • • • • • • • • • • VARIABLE WIDTH TEMPORARY WORKSPACE AREA 0.231 AC. (I0,041 SQ. ET. ) LOT 16 eSf •s ~!y -n (S` \��O . • 20' WIDE LICENSE AGREEMENT AREA C0 LENGTH = 942' 0.433 AC. (I81843 SO. . • • • ft • • • • • • • .:� \\Loi 17• GIP OpRTN FORT W (rx-TARR WPL-004.00) CITY OF FORT WORTH VOL 663 , PG . 220 D.R.T.C.T. • • • UTILITY ESMT - VOL 388-Y , PG . 98 0% G� P.R.T.C.T. �����<P RG� P8S P • O\N•�I :� ��Sv�E�- R pAD - T "Y) 6 (i• fuolle°' JCs( 5�R P GP'p 6 ` ASsUlvy-- IW Ep R • 0 • AS CITY OF FORT WORTH LICENSE AGREEMENT BY VOL 663 , PG 220 SEPARATE INSTRUMENT D.R.T.C.T. 11103 DWPL I TVW 1032I 08-28-20121 CM IRF IRS IPF tex LEGEND* CONTROLLING MONUMENT IRON ROD FOUND IRON ROD SET W/ORANGE CAP STAMPED ° W a A INC EASEMENT° IRON PIPE FOUND LICENSE AGREEMENT AREA TEMPORARY WORKSPACE AREA MIDSTREAM SGAS SERVICES 20' WIDE LICENSE AGREEMENT AREA CITY OF FORT WORTH } CITY OF FORT WORTH, TARRANT COUNTY ,TEXAS 1OF7I 1" = 100' I DWG . F1LE ►TX-TARR-DWPL-004.00-Rev3.dwg `REV .3 E R & ASSOCIATES INC. SCALE' FIELD NOTES - DESCRIPTION 20' WIDE LICENSE AGREEMENT AREA BEING A TRACT OF LAND LOCATED IN THE MARCELINE DE LA GARZA SURVEY, ABSTRACT No. 616, TARRANT COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF FORT WORTH, RECORDED IN VOLUME 663, PAGE 220, DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A LAKE WORTH MONUMENT WITH A BRASS CAP, SAID LAKE WORTH MONUMENT BEING THE NORTHEAST CORNER OF SAID CITY OF FORT WORTH TRACT, A POINT OF INTERSECTION ALONG THE SOUTH LINE OF LOT 1, BLOCK 1, POTEET ADDITION, AN ADDITION TO THE TOWN OF LAKESIDE, TARRANT COUNTY, TEXAS RECORDED IN CABINET B, SLIDE 3581, PLAT RECORDS, TARRANT COUNTY, TEXAS (P.R.T.C.T.), AND IN THE WEST LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO STEPHEN WILLIAM NEUMAN AND GRACIE NEUMAN, RECORDED IN INSTRUMENT NUMBER D202220112, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (O.P.R.T.C.T.); THENCE S 00'54'23" E, DEPARTING A SOUTH LINE OF SAID LOT 1, ALONG THE EAST LINE OF SAID CITY OF FORT WORTH TRACT AND THE WEST LINE OF SAID NEUMAN TRACT, 20.00 FEET TO A POINT, FROM WHICH A LAKE WORTH MONUMENT WITH A BRASS CAP BEARS S 00'54'23" E, 139.64 FEET, SAID LAKE WORTH MONUMENT BEING THE SOUTHWEST CORNER OF SAID NEUMAN TRACT AND IN THE EAST LINE OF SAID CITY OF FORT WORTH TRACT; THENCE S 89'19'37" W, DEPARTING THE EAST LINE OF SAID CITY OF FORT WORTH TRACT AND THE WEST LINE OF SAID NEUMAN TRACT, BEING 20.00 FEET SOUTHERLY AND PARALLEL WITH THE NORTH LINE OF SAID CITY OF FORT WORTH TRACT, 418.39 FEET TO A POINT; THENCE S 89'21'37" W, BEING 20.00 FEET SOUTHERLY AND PARALLEL WITH THE NORTH LINE OF SAID CITY OF FORT WORTH TRACT AND THE SOUTH LINE OF BLOCK 8, VAN ZANDT PLACE, AN ADDITION TO TARRANT COUNTY, TEXAS, RECORDED IN VOLUME 388—Y, PAGE 98, P.R.T.C.T., 521.53 FEET TO A POINT IN THE ASSUMED EAST RIGHT—OF—WAY LINE OF LAKE RIDGE ROAD (AN ASSUMED 60' WIDE RIGHT—OF—WAY), FROM WHICH A 5/8" IRON ROD FOUND BEARS S 58°48'17" E, 577.95 FEET, SAID IRON ROD BEING THE NORTHWEST CORNER OF LOT 16, BLOCK 21, LAKE WORTH LEASES, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, RECORDED IN CABINET A, SLIDE 9276, P.R.T.C.T.; THENCE N 13'30'08" W, ALONG THE ASSUMED EAST RIGHT—OF—WAY LINE OF SAID LAKE RIDGE ROAD, 20.51 FEET TO A POINT IN THE NORTH LINE OF SAID CITY OF FORT WORTH TRACT, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 1 OF SAID BLOCK 8; THENCE N 89'21'37" E, ALONG THE NORTH LINE OF SAID CITY OF FORT WORTH TRACT AND THE SOUTH LINE OF SAID BLOCK 8, A DISTANCE OF 526.09 FEET TO A POINT; THENCE N 89'19'37" E, ALONG THE NORTH LINE OF SAID CITY OF FORT WORTH TRACT AND THE SOUTH LINE OF SAID BLOCK 8, AT 226.60 FEET, PASSING THE SOUTHEAST CORNER OF SAID BLOCK 8, AT 32 00 FEET, PASSING THE SOUTHWEST CORNER OF SAID LOT 1, AND CONTINUING IN ALL A TOTAL DISTANCE OF 418.30 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.433 ACRES (18,843 SQUARE FEET) OF LAND, MORE OR LESS. FIELD NOTES - DESCRIPTION VARIABLE WIDTH TEMPORARY WORKSPACE AREA BEING A TRACT OF LAND LOCATED IN THE MARCELINE DE LA GARZA SURVEY, ABSTRACT No. 616, TARRANT COUNTY, TEXAS, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF FORT WORTH, RECORDED IN VOLUME 663, PAGE 220, DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.), AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID CITY OF FORT WORTH TRACT AND IN THE WEST LINE OF A TRACT OF LAND DESCRIBED IN A DEED TO STEPHEN WILLIAM NEUMAN AND GRACIE NEUMAN, RECORDED IN INSTRUMENT NUMBER D202220112, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS (O.P.R.T.C.T.), FROM WHICH A LAKE WORTH MONUMENT WITH A BRASS CAP BEARS S 00'54'23" E, 104.64 FEET, SAID LAKE WORTH MONUMENT BEING THE SOUTHWEST CORNER OF SAID NEUMAN TRACT AND IN THE EAST LINE OF SAID CITY OF FORT WORTH TRACT; THENCE S 89'19'37" W, DEPARTING THE EAST LINE OF SAID CITY OF FORT WORTH TRACT AND THE WEST LINE OF SAID NEUMAN TRACT, BEING 55.00 FEET SOUTHERLY AND PARALLEL WITH THE NORTH LINE OF SAID CITY OF FORT WORTH TRACT, 124.68 FEET TO A POINT; THENCE S 00'40'23" E, 20.00 FEET TO A POINT; THENCE S 89'19'37" W, BEING 75.00 FEET SOUTHERLY AND PARALLEL WITH THE NORTH LINE OF SAID CITY OF FORT WORTH TRACT, 61.58 FEET TO A POINT; THENCE N 61'36'15" W, 54.96 FEET TO A POINT; THENCE N 40'30'29" W, 23.83 FEET TO A POINT; THENCE N 00'40'23" W, 10.00 FEET TO A POINT; THENCE N 89'19'37" E, BEING 20.00 FEET SOUTHERLY AND PARALLEL WITH THE NORTH LINE OF SAID CITY OF FORT WORTH TRACT, 249.42 FEET TO A POINT IN THE EAST LINE OF SAID CITY OF FORT WORTH TRACT AND THE WEST LINE OF SAID NEUMAN TRACT; THENCE S 00'54'23" E, ALONG THE EAST LINE OF SAID CITY OF FORT WORTH TRACT AND THE WEST LINE OF SAID NEUMAN TRACT, 35.00 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0 231 ACRES (10,041 SQUARE FEET) OF LAND, MORE OR LESS. THIS SURVEY WAS MADE ON THE GROUND UNDER THE DIRECT SUPERVISION OF GREGG A.E. MADSEN R.P.L.S NO. 5798 DURING THE MONTHS OF OCTOBER THRU DECEMBER 2011. ALL BEARINGS RECITED HEREIN ARE CORRELATED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202, NAD OF 1983. REFER TO THE ACCOMPANYING EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF. REVISIONS 3 8/28/12 JPR REVISED TEMP. WORKSPACE AREA TWR 2 8/8/12 BMW REVISED TEMP. WORKSPACE AREA TWR I 5/ 17/ 12 BMW REV. LICENSE AGREEMENT/TWA JRA NO. DATE BY DESCRIPTION CHK. SURVEYOR PREPARING THIS EXHIBIT: E R & ASSOCIATES. INC. IPROJECT' DRAWN BY I CHECKED BY! SEGMENT ID t DATE! SHEET! SCALE 11103 DWPL 1VW 1032 08-28-2012 20F2 N/A I DWG . FILE ITX—TARR—DWPL-004.00—Rev3.dwg I REV . 3 I STREAM GAS SERVICES 20' WIDE LICENSE AGREEMENT AREA AND VARIABLE WIDTH TEMPORARY WORKSPACE AREA CITY OF FORT WORTH CITY OF FORT WORTH, TARRANT COUNTY ,TEXAS