HomeMy WebLinkAboutContract 56021 CSC No. 56021
COLTKarel Hancke tel 817 523 2327 Colt Gathering(North Texas),LP.
Manager: cell 682 229 1951 P.O.Box 429
hi t d S T P E k M Land and Right of Way karel.hancke@midcoastenergy.com 1530 Cottondale Road
Springtown,TX 76082
June 02,2021
To:Mitch Holmes
Project Manager
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
Work:682-263-3904
Re: City of Fort Worth("Grantee") Storm drain installation near Colt Gathering(North Texas)L.P. ("Grantor")
Line PG— 10"with proposed installation of one storm drain system in the P.Matthews Survey,A-865 Tarrant
County Texas. See Exhibit"Al"attached.
Dear Mitch Holmes
By this letter,Colt Gathering(North Texas),L.P.confirms that it has no objection to the encroachment of our pipeline
and easement pursuant to the scope of work referenced in Exhibit"A"attached hereto and made a part hereof and at
the location described above, subject to the following provisions:
L All work by Grantee shall be performed pursuant to the scope of work referenced in Exhibit"A". No material
changes shall be made to the proposed work described in Exhibit"A",within the pipeline easement without the
prior written consent of Grantor. Such further approval shall be subject to the same terms and conditions of this
Letter of No Objection.
2. Grantee will construct,and maintain,and remove its improvements upon abandonment,at no cost to Grantor.
3. Grantee must comply with the standards and specifications of "Colt Engineering Standards/Encroachment
Guidelines for Natural Gas Pipeline" set forth in Exhibit "B", attached hereto and made a part hereof. Any
exceptions thereto must be agreed to in writing by Grantor.
4. Depending upon the extent of the work to be done,Grantor may retain an inspector to be present during the work
to assure Grantor's pipeline is protected and not endangered by Grantee construction in Grantor's easement. If
actual construction materially deviates from the plan,or there is an incident that places Grantor's pipeline at risk,
Grantor's inspector may halt the work until a resolution is achieved. Both parties covenant that they will diligently
pursue a resolution that is acceptable to both parties. The cost of Grantor's inspector is approximately $850 per
day,plus per diem. Such cost may be more or less,and Grantee agrees to pay the actual fees charged.
5. Permanent aboveground markers identifying the crossing pipeline or utility shall be installed and maintained at
the limits of Grantor's easement and/or at the crossing. If it is impractical to install and maintain above ground
markers due to the crossing location, plastic marker tape shall be installed below cultivation level and over
Grantor's pipeline,extending the width of the easement or a minimum of 60 feet.
6. Grantee shall contact the Texas"One-Call"underground utility location service by calling 811 at least 72 hours
prior to performing any construction activities over, or immediately adjacent to, Grantor's pipelines. Failure to
call this number is a violation of state law and will impose penalties and liability upon you for such failure. Please
note, Grantor reports non-compliance to the state.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
7. Grantor's operations personnel shall be present during this project. Grantor's operations personnel shall be
notified and consulted at least 48 hours prior to commencement of any activity on its easement involving
excavation. This shall be done by calling Mr. Randel Buckner at 817-266-3177, Mr. Fernando Cortez 806-
930-2734, Mr. Chris Witt at 817-597-5465, Mr. Steve Quintana at 817-694-0233 or Mr. Winnie Maxwell
at 817 567 1574. Grantor shall, during initial construction, be updated every two weeks as to Grantee'
anticipated work for the following two-week period. In addition, Grantor shall be advised of any appreciable
change in that schedule. These communications shall occur throughout the duration of Grantee' construction
proj ect.
8. Grantee agrees to immediately contact Grantor's offices(our control center)in the event of any incident involving,
or potentially involving,a line strike by calling 817 500 0020.
9. Grantee will not move construction equipment across Grantor's pipeline and/or easement without the consent of
Grantor's representative, such consent shall not be unreasonably withheld. Wherever Grantee is approved to
cross Grantor's pipeline and/or easement with heavy equipment, Grantee will place matting or other suitable
material over the pipeline as determined by Grantor's representative in the field. Grantee will maintain a
minimum of four feet (4') of cover over the top of Grantor's pipeline at locations where construction or
maintenance activities will take place over the pipeline.
10. All mechanical digging equipment working within Grantor's easement must have the teeth removed or barred
with a plate welded across the teeth. Mechanical excavation will cease once the earth has been removed to within
two(2)feet of Grantor's pipeline. Shovels must be used to manually clean the area above and below the pipeline.
After the pipeline has been initially located, the pipeline shall be kept visible to the equipment operator during
the excavation process. Grantor may require shoring or another type of support to protect the pipeline's integrity.
All backfill on Grantor's easement shall be mechanically compacted to the top of the pipeline.
11. If temporary construction roads are to be utilized, Grantor must approve equipment and the plans for
vehicle/equipment crossings on the easement, such approval shall not be unreasonably withheld.
12. All improvements of Grantee within Grantor's easement shall be constructed and maintained to comply with all
laws and industry standards.
13. To the extent permitted by Texas law and without waiving its sovereign immunity, Grantee agrees to indemnify
Grantor for any damages to Grantor's pipeline arising out of or caused by the construction,operation,maintenance
or repair of Grantee'facilities,and the cost of replacement or repairs. Specifically,Grantee will assume all risks
and agrees,binds,and obligates itself to indemnify,defend,and save harmless Grantor from and against all claims,
demands,actions,suits,judgments,and recoveries for or on account of injury to or death of any person or persons
(including,but not by way of limitation,the agents, representatives, and employees of Grantor and Grantee and
any other third parties)and/or damage to property (including,but not by way of limitation,property of Grantor
or property of others in its custody,including product lost)arising out of the exercise of the rights herein granted,
except to the extent such damage or injury is due to the negligence or willful misconduct of Grantor,its agents,
representatives, employees, contractors or subcontractors. .Nothing contained herein shall ever be construed so
as to require Grantee to assess, leyy and collect any tax to fund its obligations under this paragraph. Article XI
Section 5 of the Texas Constitution provides that a city is prohibited from creating a debt unless the city levies
and collects a sufficient tax to pav the interest on the debt and provides a sinking fund. The City of Fort Worth
has not and will not create a sinking fund or collect any tax to pgy M obligation created under this section.
14. This agreement shall be revocable by Grantor in the event of any material noncompliance with the requirements,
conditions or specifications on this agreement.
15. The terms and conditions of this agreement shall constitute covenants running with the land and shall be binding
upon the parties hereto,their respective heirs,representatives, successors and assigns.
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16. This agreement granted is subject to the existing easement rights of Grantor, and the permission herein granted
by Grantor is limited to its interest and authority in the subject land and Grantee acknowledges the possible
obligation to obtain the required permission from other parties of interest and/or the Government.
17. The signatory for each party acknowledges that he is duly authorized to bind such party in accordance with Texas
law and is fully authorized to execute this agreement on behalf of such party.
18. Grantee will provide two(2)copies of as-built drawings within ninety days of the completion of construction.
19. The provisions of Subchapter H, §§756.121—756.125 of the Texas Health and Safety Code shall apply. A copy
is enclosed with this letter for your information.
20. SPECIAL PROVISIONS UNIQUE TO PROJECT: None
If you have any further questions regarding this matter,do not hesitate to contact me at(682)229-1951.
Sincerely,
Karel Hancke
[City signatures on following page]
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
3
ACCEPTED AND AGREED:
CITY:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
19ana 24L( hdoff administration of this contract, including
By: Dana Burghdoff(Sul 15,202109:19CDT) ensuring all performance and reporting
Name: Dana Burghdoff requirements.
Title: Assistant City Manager
Date: J u 115,2021
AliGhifOImef
By: Mitch Holmes(Jul 8,202116:24 CDT)
Approval Recommended: Name: Mitch Holmes, P.E.
Title: Senior Professional Engineer
City of Fort Worth/Development Services
Ali Gh 1,DIme f Department
By: Mitch Holmes(Jul 8,202116:24 CDT)
Name: Mitch Holmes, P.E. Approved as to Form and Legality:
Title: Senior Professional Engineer
City of Fort Worth/Development Services
Department
FORr'Q By: `
Attest: O�°° °°°T�411 Name: Matthew A. Murray
F11.0° °�� Title: Assistant City Attorney
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„�o° ° Contract Authorization:
Ay
By: °°°°°°°°° a M&C: Not required
Name: Mary Kayser d �EXA5oA
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Exhibit"A"
1. Scope of work: Grantee will be crossing Grantor's pipelines(Line PG Loop)with heavy equipment to
install their new Storm Drain System. Approx. GPS: 33.013252'-97.281557'
2. Heavy equipment will cross Grantor's lines by using 4' x 12' x 12"thick Crane/ Dozer Mats or
with 1"thick x 12' x 4' Steel Plate at each crossing. Grantor's representative to be present upon
installation.
3. Grantee will install the storm drain as indicated on Exhibit"Al".
4. Please contact Grantor in Item#7 above when grading is done to remove dirt from easement.
5. Grantor's lines will be potholed by Grantee to verify actual depth before construction.
6. Heavy equipment to cross Grantor's line only where industrial crossing mats is placed. See#2 above.
7. Grantor's operations personnel want to be present during this crossing,please contact Grantor(see contact
information in Item 7 above)at least 48 hours prior to commencement of any activity on its right of way.
8. The crossing line shall not interfere with Grantor's cathodic protection. Please contact our
corrosion technician, Jim Hand at (817) 694 7188, 48 hours before construction starts. Grantor
may install test leads upon their line at the crossing location.
4
Exhibit"Al"
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6
Exhibit"B"
Standard
Page 0065 Engineering Standards
1 of 4 ENCROACHMENT GUIDELINES
Issue Date FOR NATURAL GAS PIPELINE COL
1/01 MIDSTREAM
Rev.No.
Company Location Name
Date
1. SCOPE
This standard provides recommended distance between the Company's pipelines
and various facilities that may encroach upon existing pipeline right-of-way or
that may be encountered in the construction of new pipelines by the Company.
2. GENERAL
2.1 These guidelines are for monitoring encroachments on existing pipelines
and for consideration in the route selection and placement of new pipe
2.2 The following table lists recommended distance between pipelines of
various sizes and various types of facilities and activities. These
recommended distances are intended as a guide for initial negotiations
with outside parties. The minimum allowed distance can only be
determined by the terms of the existing right-of-way or easement
documents.
Standard
Page 0065 Engineering Standards
2 of 4
Issue Date
1/01 ENCROACHMENT GUIDELINES MIDSTREAM
Rev.No.
FOR NATURAL GAS PIPELINE
Date
OFFSET FROM PIPELINE
ENCROACHMENT DESCRIPTION (FEET)VERSUS PIPE SIZE
2" -12" 14"—24" Over 24"
I. ABOVE GROUND STRUCTURES AND APPURTENANCES
A. Buildings
Any enclosed structure permanent in nature regardless of purpose 35 45 60
B. Utilities
Utilities may cross pipelines at right angles. Distances specified are for parallel Crossing of Company Pipelines
Encroachments. (See guys and anchors if applicable.) by
1. Eleetrie power and telephone lines 35 35 50
2. Television cables 25 35 50
C. Miscellaneous
1. Camneround: --- --- ---
If witiun 660 feet of pipeline,see Engineering Standard 0060,Class
Location Determination.
2.Fences: 25 35 50
Distances specified are for parallel fences.
3. Guvs andAnehors: 35 40 55
No guys or anchors will terminate within the minimum distance
specified. The guy or anchor must have a vertical clearance of 18 feet
minimum within the specified distance of the pipeline.
4. Mobile Homes: 35 45 60
5.Nursery Stock(including Christmas Trees No minimum is small and used as --- --- ---
cash crop. Consult Comnanv right-of-wav nersonnel to establish agreement
before planting.
6. Poles(See also guvs&anchors,towers,electric power lines): 30 40 55
Telephone,power,etc.and sing boards including supports.
7. Stored Materials --- --- ---
Permitted over pipeline if of a type that can be readily relocated and of
weight not detrimental to the pipeline.
8. Swimming Pools 35 45 60
Permitted over pipeline if readily removable. Distances specified are for
partially below grade or permanent in nature.
9. Towers(See also guvs and towers) 75 100 100
10.Trees&Shrubs(See also nursery stock) 30 40 55
Permanent(perennial)trees,shrubbery or other landscaping that would
impair access to the pipeline.
8
Standard
Page 0065 Engineering Standards
3
Issue Date of 4 CULT
1/01 ENCROACHMENT GUIDELINES M I D S T R E A M
Rev.No.
FOR NATURAL GAS PIPELINE
Date
OFFSET FROM PIPELINE
ENCROACHMENT DESCRIPTION (FEET)VERSUS PIPE SIZE
2" -12" 14"—24" Over 24"
II. SURFACE IMPROVEMENTS,MODIFICATIONS AND ACTIVITIES
A. Pavement
Pavement includes asphalt and concrete or variations thereof. May cross
pipeline at near right angles or be placed parallel to pipeline at distance
specified.
1. Air Strips: 30 40 55
2. Allevs,Driveways,Roads,Sidewalks.Tennis(or other)Courts: 25 35 50
3. Parkin Lots: --- --- ---
Consult Company right-of-way personnel to establish agreement for
"green belts",etc.
4. Patios: 25 35 50
If roofed&fenced,consider as building;otherwise as specified
B. Earthwork or Other Grade Modifications
Ensure 36"minimum cover(or existing if<36")is preserved over pipeline.
Cover may be added if free or foreign debris such as large rocks,concrete
chunks and metal scraps. Operation of heavy equipment over the pipeline must
provide for appropriate safeguard of pipeline integrity.
1. Ditches: 30 40 55
Should cross at near right angles. Parallel distances to be as specified.
Minimum cover shall be 36"from bottom of ditch to pipeline.
2. Roads: --- --- ---
Minimum cover shall be 48"from top of road to pipeline.
3. Laadine Leveline: --- --- ---
Permitted over pipeline if cover requirements are maintained.
4. Plowm(including deep tilling or chisel plowing): --- --- ---
Permitted over pipeline if minimum clearance of 12"is maintained
between plow depth and top of pipeline.
5. Terraein¢(See land leveling):
6. Dams&Dikes(including waterways&water impoundments): 30 40 55
7. Dredain¢: 30 40 55
C. Seismography: See Engineering Standard 7155,
Calculate distances allowed based on Engineering Standards 7155. Effects of Blasting on Buried
Pipelines.
9
Standard
0065 Engineering Standards
Page �
4of4 C40L r
Issue Date
ENCROACHMENT GUIDELINES M I IDS T R E AM
1/O1 Rev.No. FOR NATURAL GAS PIPELINE
Date
OFFSET FROM PIPELINE
ENCROACHMENT DESCRIPTION (FEET)VERSUS PIPE SIZE
2" -12" 14"-24" Over 24"
III. BELOW GROUND STRUCTURES AND APPURTENANCES
A. Pipelines and Utilities
1. Drain Tile:
May cross pipeline. Distances specified are for parallel file lines.
a. Tile diameter less than 10" 25 35 50
b. Tile diameter 10"or greater: 30 40 55
2. Pipeline(water,gas,oil,well,sewer,etc.: 30 40 55
It is preferred that pipelines greater than 2"undercross Company
pipelines. Minimum clearance should be 24". Distances specified are
for parallel pipelines.
3. Power Lines: 30 40 55
It is preferred that all crossings are under Company lines at near right
angles.Minimum clearance should be 36". Cables having conductors
at more than 60 volts to ground should be non-metallic casing for a
minimum distance of 10'on either side of the pipeline with six
inches of red colored concrete for a distance of 10 feet on each side of
Company's pipeline installed per National Electrical standards.
Distances specified are for parallel power lines.
4. Communieation Lines: 30 40 55
It is preferred that cables undercross pipelines at near right angles. --- ---
Minimum clearance should be 12". Exception may be made where it
would be necessary to cut and splice the cable. When laid over the
pipeline,the cable must be cased for a minimum distance of 1.5'on
either side of the pipeline or otherwise protected. Distances specified
are for parallel communication lines.
B. Miscellaneous
1. Blastm: See Engineering Standard 7155,
Calculate distance allowed based on Engineering Standard 7155. Effects of Blasting on Buried
Notify blasting contractor of pipeline location and limits of blasting Pipelines.
activities.
2. Mines(mining): --- --- ---
Notify Company Technical Office whenever miring or quarrying is
proposed within 660 feet of pipeline. Notify miring contractor of
pipeline location.
3. Leach Beds: 30 40 55
Lines crossing pipeline will be of solid impervious material.
4. Septie Svstem: 30 40 55
10
SUBCHAPTER H.
CONSTRUCTION AFFECTING PIPELINE EASEMENTS AND RIGHTS-OF-WAY
§ 756.121. DEFINITIONS.
In this subchapter:
(1) "Construction" means a building, structure,
driveway,roadway, or other construction any part of which is
physically located on,across, over, or under the easement or
right-of-way of a pipeline facility or that physically impacts or
creates a risk to a pipeline facility.
(2) "Constructor" means a person that builds,
operates, repairs, replaces,or maintains a construction or causes
a construction to be built, operated,repaired,maintained, or
replaced.
(3) "Pipeline facility" means a pipeline used to
transmit or distribute natural gas or to gather or transmit oil,
gas, or the products of oil or gas.
Added by Acts 2003, 78th Leg., ch. 1082, § 2(a), eff June 20,
2003. Renumbered from V.T.C.A.,Health& Safety Code § 756.101
by Acts 2005, 79th Leg., ch. 728, § 23.001(53), eff Sept. 1,
2005.
§ 756.122. APPLICABILITY. (a) This subchapter applies to
a construction or the repair, replacement, or maintenance of a
construction unless there is a written agreement, including a Texas
Department of Transportation right-of-way agreement,to the
contrary between the owner or operator of the affected pipeline
facility and the person that places or causes a construction to be
placed on the easement or right-of-way of a pipeline facility.
(b) This subchapter does not apply to:
(1) construction done by a municipality on property
owned by the municipality,unless the construction is for private
commercial use; or
(2) construction or repair, replacement, or
maintenance of construction on property owned by a navigation
district or port authority created or operating under Section 52,
Article III, or Section 59,Article XVI, Texas Constitution.
Added by Acts 2003, 78th Leg., ch. 1082, § 2(a),eff June 20,
2003. Renumbered from V.T.C.A.,Health& Safety Code § 756.102
by Acts 2005, 79th Leg., ch. 728, § 23.001(53), eff Sept. 1,
2005.
§ 756.123. PROHIBITION OF CONSTRUCTION WITHOUT NOTICE. A
person may not build, repair, replace, or maintain a construction
on, across, over, or under the easement or right-of-way for a
pipeline facility unless notice of the construction is given the
operator of the pipeline facility and:
(1) the operator of the pipeline facility determines
that the construction will not increase a risk to the public or
increase a risk of a break, leak, rupture, or other damage to the
pipeline facility;
(2) if the operator of the pipeline facility
000177 olf1465
determines that the construction will increase risk to the public
or the pipeline facility,the constructor pays the reasonable,
necessary, and documented cost of the additional fortifications,
barriers, conduits, or other changes or improvements necessary to
protect the public or pipeline facility from that risk before
proceeding with the construction;
(3) the building, repair, replacement,or maintenance
is conducted under an existing written agreement; or
(4) the building, repair, replacement,or maintenance
is required to be done promptly by a regulated utility company
because of the effects of a natural disaster.
Added by Acts 2003, 78th Leg., ch. 1082, § 2(a), eff June 20,
2003. Renumbered from V.T.C.A.,Health& Safety Code § 756.103
by Acts 2005, 79th Leg., ch. 728, § 23.001(53), eff Sept. 1,
2005. Amended by Acts 2005, 79th Leg., ch. 530, § 2, eff. Sept.
1, 2005.
§ 756.124. CIVIL LIABILITY. A constructor who violates
this subchapter is liable to the owner or operator of a pipeline
facility for damages to the facility proximately caused by the
violation, including any liability the owner or operator of the
pipeline facility incurs as a result of the violation. This section
does not affect the right of a surface owner to recover for any
damages to the owner's property.
Added by Acts 2005, 79th Leg., ch. 530, § 2, eff Sept. 1, 2005.
§ 756.125. INJUNCTIVE RELIEF. (a)A suit for injunctive
relief to prevent or abate the violation of this subchapter may be
brought by the county attorney for the county in which the pipeline
facility is located,by the attorney general, or by the owner or
operator of the pipeline facility.
(b) The court in which the suit is brought may grant any
prohibitory or mandatory injunction the facts warrant, including a
temporary restraining order,temporary injunction, or permanent
injunction. The court may grant the relief without requiring a bond
or other undertaking.
Added by Acts 2005, 79th Leg., ch. 530, § 2, eff. Sept. 1, 2005.
000178 olf1465
12
Denton County
Cynthia Mitchell
County Clerk
Denton, Tx 76202
�o zoi z 000y asps
Instrument Number: 2012-14678
As
Recorded On: February 14, 2012 Easement
Parties: EAGLE INCOME PROPERTIES Billable Pages: 15
To Number of Pages: 15
Comment:
(Parties listed above are for Clerks reference only)
** Examined and Charged as Follows: **
Easement 72.00
Total Recording: 72.00
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2012-14678
Receipt Number: 873160 AIL INVESTMENTS
Recorded Date/Time: February 14, 2012 04:01:49P ATTN L RUSSELL LAUGHLIN
13600 HERITAGE PKWY STE 200
User/Station: J Morris-Cash Station 1 FT WORTH TX 76177
THE STATE OF TEXAS)
COUNTY OF DENTON }
I hereby certify that this Instrument was FILED in the File Number sequence on the date/time
printed heron,and was duly RECORDED in the Official Records of Denton County,Texas.
County Clerk
Denton County, Texas
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE
OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE
PUBLIC RECORDS:YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
UNDERGROUND GAS LINE AND SALTWATER LINE EASEMENT AGREEMENT
This Underground Gas Line and Saltwater Line Easement Agreement (this
"Agreement") is entered into as of the 1st day of February, 2011 (the "Effective Date"),
between EAGLE INCOME PROPERTIES, LP, a Texas limited partnership ("Grantor"), and
QUICKSILVER RESOURCES,INC., a Delaware corporation("Grantee"):
For and in consideration of Ten Dollars ($10.00) in hand paid and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in
consideration of the covenants contained herein Grantor and Grantee hereby agree as follows:
1. Subject to the terms of this Agreement, Grantor hereby grants and conveys to
Grantee a non-exclusive easement and right-of-way, as depicted in Exhibit "A" hereto (the
"Easement"), over, under and across the property described in Exhibit "A" hereto (the
"Easement Tract"). This grant and conveyance is made subject to all matters of record.
2. The Easement shall only be used for the purpose of constructing, installing,
reconstructing, using, operating, maintaining, repairing and removing a total of two (2)
underground pipelines, as follows:
a. one (1) pipeline not to exceed twelve inches (12") in outside diameter for the sole
purpose of transporting natural gas and all necessary or desirable underground
appurtenances, together with the right of ingress and egress along and upon the
Easement Tract; and
b. one (1) pipeline not to exceed twelve inches (12") in outside diameter for the sole
purpose of transporting salt water and all necessary or desirable underground
appurtenances, together with the right of ingress and egress along and upon the
Easement Tract. For purposes of this Agreement, "salt water" shall mean liquids
produced in association with natural gas from natural gas wells.
Grantee agrees to bury said pipelines and appurtenances to a sufficient depth so as not to
interfere with the cultivation of the soil, but in any event at least forty-eight inches (48") below
the surface of the Easement Tract. No facilities shall be installed by Grantee on the surface of
the Easement Tract except such small and unobtrusive equipment as is necessary for the actual
operation of the pipelines installed under the Easement Tract (such as venting devices, cathodic
protection, meters and line-of-sight markers). Grantee shall install and maintain, for the duration
of this Agreement, line-of-sight markers along the Easement. After initial construction of the
Underground Gas Line and Saltwater Line Easement Agreement
2919-ugg&sw-ail-kwk
Page 1
pipelines and related appurtenances within the Easement Tract, Grantee shall not modify the
vertical or horizontal location of such pipelines and related appurtenances, nor shall Grantee add
additional appurtenances, without the prior written consent of Grantor.
3. In the event any portion of the Grantee's underground gas line, saltwater line(s) or
related facilities are located outside of the Easement Tract, Grantee agrees to relocate such
pipeline(s) and facilities to the Easement Tract, at Grantee's sole cost, liability and expense,
within thirty (30)days of a written request from Grantor to relocate. Grantor shall have the right,
in its sole discretion, to delay such relocation, to limit the hours such relocation operations are
conducted and/or to designate the areas to be used for such relocation operations. In addition,
Grantee shall make all accommodations requested by Grantor, in Grantor's sole discretion,
which would serve to minimize the disruption of the relocation operations on Grantor's use of
the affected surface of Grantor's property. Such relocation obligation shall not limit or waive
any right Grantor may have against Grantee for damages or any other relief allowed by law for
the placement of the pipeline(s) or facilities outside of the Easement Tract. Grantor and Grantee
agree that in addition to any other remedies to which Grantor may be entitled at law or in equity,
Grantor is entitled to injunctive relief to compel Grantee's specific performance of the relocation
obligation set out in this paragraph. Grantee, on behalf of itself and its successors and assigns,
hereby waives and releases any right Grantee may have to claim any easement by prescription,
implication, permission or estoppel for any pipeline(s) or facility located outside of the Easement
Tract on Grantor's property.
4. The Easement is not assignable by Grantee without the prior written consent of
Grantor,which consent shall not be unreasonably withheld or delayed.
5. Grantee acknowledges that this is a non-exclusive easement and that Grantor
reserves and retains the right to grant other rights and easements across or under the Easement
Tract to such other persons or entities as Grantor elects at any time and from time-to-time,
provided that such grants of other rights and easements do not unreasonably interfere with
Grantee's rights under this Easement. Grantee acknowledges that Grantor's additional grants of
rights and easements across or under the Easement Tract may include, but are not limited to,
additional easements to Grantee, Cowtown Pipeline Partners, L.P., their affiliated entities, and
their respective successors and assigns, (collectively "Grantee Parties"), and Grantee hereby
confirms, acknowledges and agrees that such additional easements do not unreasonably interfere
with Grantee's rights under this Easement. Further, Grantee hereby confirms, acknowledges and
agrees that with respect to easements ("Other Easements") granted by Grantor to parties other
than the Grantee Parties, so long as pipelines, utility lines and other equipment placed within the
areas covered by the Other Easements are at least two feet above or two feet below Grantee's
pipeline under this Easement, such Other Easements do not unreasonably interfere with
Grantee's rights under this Easement. Grantee also acknowledges that there may be existing or
future pipelines other than the pipelines contemplated herein across or under the Easement Tract,
and that it will not unreasonably interfere with or damage such existing or future pipelines.
Grantee further acknowledges that it will locate all such existing or future pipelines, that it will
conduct its own due diligence regarding the Easement Tract, and that it will not rely in any way
upon any maps, plats or other descriptions of the Easement Tract provided to Grantee by
Underground Gas Line and Saltwater Line Easement Agreement
2919-ugg&sw-ail-kwk
Page 2
Grantor. Grantor agrees that roads, driveways, alleys, and fences constructed on the Easement
Tract will typically be limited as follows:
a. Roads, driveways, and alley crossings must cross the Easement Tract at an angle
of forty-five degrees (45°) or greater and shall be limited in width to sixty feet
(60'); and
b. Except for livestock and agriculture fences, all fences must cross the Easement
Tract at an angle of sixty degrees (60°)or greater.
Where obstructions are built outside of the criteria described in items a and b above, damage to
obstructions caused by pipeline maintenance will be the responsibility of the Grantor.
6. Grantor and any future owners of the fee title to the Easement Tract and their
designees shall have the right to construct fences, roads, driveways, alleys, and underground
utilities across,over and under the Easement Tract and to landscape the Easement Tract.
7. GRANTEE SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS
GRANTOR FROM ANY AND ALL LIABILITY, LIENS, DEMANDS, JUDGMENTS, SUITS
AND CLAIMS OF ANY KIND OR CHARACTER ARISING OUT OF, IN CONNECTION
WITH, OR RELATING TO ANY OPERATION CONDUCTED OR ACTIVITY
UNDERTAKEN BY GRANTEE, OR ITS AGENTS, CONTRACTORS, EMPLOYEES,
LICENSEES OR INVITEES, ON, UNDER, OR AROUND THE EASEMENT TRACT,
WHETHER SUCH CLAIMS ARE MADE BY GRANTEE, BY GRANTEE'S EMPLOYEES,
AGENTS, CONTRACTORS, LICENSEES OR INVITEES OR BY THIRD PARTIES,
INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR INJURY OR DEATH OF ANY
PERSON, OR DAMAGE, LOSS OR DESTRUCTION OF ANY PROPERTY, REAL OR
PERSONAL, UNDER ANY THEORY OF TORT, CONTRACT OR STRICT
LIABILITY,AND EXPRESSLY INCLUDING, WITHOUT LIMITATION, CLAIMS
RELATING TO THE CONDITION OF THE EASEMENT TRACT OR ANY DEFECTS
THEREON (WHETHER LATENT OR OTHERWISE). GRANTEE FURTHER
COVENANTS AND AGREES TO DEFEND ANY SUITS BROUGHT AGAINST GRANTOR
ON ACCOUNT OF SAID CLAIMS AND TO PAY ANY JUDGMENTS AGAINST
GRANTOR RESULTING FROM ANY SUCH SUIT OR SUITS, TOGETHER WITH ALL
COSTS AND EXPENSES RELATIVE TO ANY SUCH CLAIMS, INCLUDING
ATTORNEYS' FEES. GRANTOR SHALL HAVE THE RIGHT TO PARTICIPATE IN THE
DEFENSE OF ANY SUIT OR CLAIM IN WHICH IT MAY BE A PARTY WITHOUT
RELIEVING GRANTEE OF ITS OBLIGATIONS HEREUNDER. THE FOREGOING
INDEMNITIES SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT AND
SHALL INURE TO THE BENEFIT OF GRANTOR, ANY OF ITS AFFILIATES, AND ALL
OF THE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS OF
GRANTOR AND AFFILIATES OF GRANTOR(THE "INDEMNIFIED PARTIES").
8. GRANTEE'S FACILITIES, EQUIPMENT, VEHICLES, PIPELINES, OIL,
GAS, HYDROCARBONS, HYDROCARBON BY-PRODUCTS, SALT WATER AND
PROPERTY OF ANY KIND ("GRANTEE'S PROPERTY") ARE TO BE LOCATED,
Underground Gas Line and Saltwater Line Easement Agreement
2919-ugg&sw-ail-kwk
Page 3
PLACED OR UTILIZED ON THE EASEMENT TRACT SOLELY AT THE RISK OF
GRANTEE, AND GRANTEE HEREBY WAIVES ANY CLAIM FOR LOSS, DAMAGE OR
DESTRUCTION OF GRANTEE'S PROPERTY AND ANY CONSEQUENTIAL DAMAGES
ARISING THEREFROM AGAINST ANY OF THE INDEMNIFIED PARTIES.
9. As used in this Agreement, the term "Hazardous Materials" means any substance
defined or identified under any applicable federal, state, or local statute, rule, regulation or law as
(1) a hazardous, extra-hazardous or toxic substance, waste, or material; (2) any substance, waste
or pollutant generated or produced by Grantee's operations and activities; or (3) any substance
defined as oil and gas waste under any applicable federal or state environmental law or
regulation, including those promulgated under Section 9 1.1011 of the Texas Natural Resources
Code. "Remedial Work" is defined as any investigation, monitoring, cleanup, containment,
remediation, removal, and restoration work performed in response to any federal, state or local
government authority or private party action or pursuant to any federal, state or local statute,
rule, regulation, or law, on the Easement Tract or adjacent property, where such Remedial Work
is occasioned by the operations or activities of Grantee or its agents, contractors, employees,
licensees or invitees. Grantee agrees (1) that Grantee and its agents, contractors, employees,
licensees or invitees will not generate, treat, store, dispose of or otherwise deposit or release
Hazardous Materials in, on or under the Easement Tract or the adjacent property; (2) to remove
from the Easement Tract and adjacent property any Hazardous Materials placed or released
thereon by Grantee or its agents, contractors, employees, licensees or invitees through any of
their operations and activities; (3)to perform Remedial Work where occasioned in connection
with Grantee's or its agents, contractors, employees, licensees, or invitees' operations or
activities on the Easement Tract and adjacent property; and (4) to comply in all respects with all
federal, state and local governmental statutes, rules, regulations and laws governing Grantee's
operations and activities and Remedial Work on or associated with the Easement Tract and
adjacent property. Remedial Work shall be performed by one or more contractors selected by
Grantee and approved in advance and in writing by Grantor and under the supervision of a
consulting engineer selected by Grantee and approved in advance and in writing by Grantor. All
costs and expenses of Remedial Work shall be paid by Grantee, including, without limitation, the
charges of such contractors and/or the consulting engineer and Grantor's reasonable attorneys'
fees, costs incurred in connection with the monitoring or review of Remedial Work, and all fines,
penalties, and assessments assessed against Grantee and Grantor as a result of the placement or
release of Hazardous Materials and Remedial Work. If Grantee shall fail to timely commence or
cause to be commenced, or fail to diligently prosecute to completion, such Remedial Work,
Grantor may, but shall not be required to, cause such Remedial Work to be performed, and
Grantee will reimburse all reasonable costs of same on demand. Grantee will promptly notify
Grantor of any claim or other action by any governmental agency or any third party involving the
actual or alleged existence of Hazardous Materials on the Easement Tract or on adjacent
property, or violation of any federal, state or local statute, rule, regulation, or law related to
Hazardous Materials and will provide Grantor with copies of(1) any notice of any release of
Hazardous Materials given by Grantee pursuant to any statute, rule, regulation or law and(2) any
report of and response to any such incident. Grantee will indemnify, pay, protect, defend and
save Grantor harmless (in accordance with the provisions of Paragraph 7) from all claims,
liabilities, fees and expenses of any kind that arise from the actual or alleged presence or release
of any Hazardous Materials in connection with Grantee's operations and activities. This
Underground Gas Line and Saltwater Line Easement Agreement
2919-ugg&sw-ail-kwk
Page 4
indemnification shall include costs and expenses in connection with any Remedial Work when
performed by Grantor or any third party in response to any federal, state or local governmental
authority or private party action or any federal, state or local statute, rule, regulation or law. All
such costs and expenses shall be due and payable upon demand therefor by Grantor.
10. Grantee, at its own expense, shall maintain a general liability insurance policy
(covering both (i) bodily injury, property damage, cleanup, surface remediation, and
(ii) Grantee's indemnity obligations under this Easement) in an amount of at least
$10,000,000.00 per occurrence. Grantee shall also, at its own expense, carry worker's
compensation insurance as required by law. All such policies shall (i) name Grantor as an
additional insured (except for the worker's compensation policy, which instead shall include a
waiver of subrogation endorsement in favor of Grantor), and (ii)provide that said insurance shall
not be canceled unless thirty (30) days' prior written notice shall have been given to Grantor. In
addition, such insurance provided by Grantee shall be primary coverage for Grantor when any
policy issued to Grantor is similar or duplicative in coverage, and Grantor's policies shall be
excess over Grantee's policies. Said policy or policies or certificates thereof shall be delivered to
Grantor by Grantee upon commencement of the Agreement and upon each renewal of said
insurance.
11. In addition to Grantee's environmental obligations as set out in this Agreement,
Grantee shall promptly repair any damage to improvements on the Easement Tract or adjacent
property and restore the surface of the Easement Tract and adjacent property from damage
resulting from Grantee's use of the Easement Tract, including, but not limited to, the restoration
of existing top soil or removal of spoils created during construction by the Grantee. During
construction, repair or other operations, all ditching or trenching shall be done in such a manner
that the ditch will not sink or cave in. The underground pipelines shall be buried within trenches
with compacted soil that contains properties equivalent to that of the adjoining area. All trash
and debris from construction of the pipelines shall be removed from the Easement Tract. During
construction operations, Grantee shall install such fences, barricades or safety barriers as may be
reasonably required to protect the public, livestock or adjacent property. Grantee acknowledges
receipt of the attached Exhibit `B" — Clarification and Understanding of the Terms and
Conditions for Easements on Hillwood Property, and agrees to abide by its provisions.
12. From time to time, upon written request of Grantor, Grantee shall have a recurring
obligation to relocate the Easement (including the pipelines and any related appurtenances) to
another location along other lands as designated by Grantor. Grantor agrees to reimburse
Grantee for any direct out-of-pocket expenses incurred by Grantee for such relocation
operations. Any relocation request by Grantor shall include plans and specifications sufficient to
enable Grantee to determine, in accordance with reasonable engineering practice, the extent and
location of the relocation requested. Grantee shall begin any such relocation within ninety (90)
days of Grantor's written request. Grantor shall furnish, at Grantor's expense, all new easements
across Grantor's property, including any temporary construction easements, necessary for the
relocation.
13. Grantee shall not use the Easement Tract, or permit use of the Easement Tract by
any other person, in a manner which violates any law or regulation, or which may be dangerous
Underground Gas Line and Saltwater Line Easement Agreement
2919-ugg&sw-ail-kwk
Page 5
or constitutes a public or private nuisance. Grantee shall not, and shall not permit any of its
employees, agents, contractors, subcontractors, suppliers or invitees to generate, manufacture,
locate or dispose of on or about the Easement Tract any substance that is subject to any law or
regulation pertaining to public health, safety, protection or conservation of the environment. If
Grantor in good faith believes that Hazardous Materials may have been generated, manufactured
or disposed of on or about the Easement Tract by the Grantee or any of its employees, agents,
contractors, subcontractors, suppliers or invitees, Grantor may have environmental studies of the
Easement Tract conducted as it deems appropriate. In the event such studies reveal that
Hazardous Materials have been generated, manufactured or disposed of on or about the
Easement Tract,the costs of such studies shall be paid by Grantee.
14. Grantee shall notify Grantor by telephone at least forty-eight (48) hours before
each construction or repair project commences on the Easement Tract, except in the event of
emergencies. In the event of emergencies, Grantee shall notify Grantor as soon as reasonably
possible under the circumstances.
15. All notices required or permitted hereby shall be in writing and shall become
effective after being deposited in the U.S. mail, certified or registered, with appropriate postage
prepaid, or, if delivered by some other manner, when actually received. Notices to the parties
shall be addressed as follows:
To Grantor: Eagle Income Properties, LP
13600 Heritage Parkway
Suite 200
Fort Worth, Texas 76177
Attn: L. Russell Laughlin
To Grantee: Quicksilver Resources Inc.
801 Cherry Street
Suite 3700, Unit 19
Fort Worth, Texas 76102
From time to time, a party may designate a new address for the purpose of receiving
notices hereunder by giving notice of its new address to the other party in the manner provided
above.
16. This grant of easement shall automatically terminate and revert to Grantor, its
successors or assigns, upon abandonment by Grantee. Without limiting the generality of the
foregoing sentence, in the event Grantee fails to flow gas or salt water through and along any
portion(s) of the Easement for the purpose of collection to a single collection point for a period
exceeding one hundred eighty (180) consecutive days, such portion(s) of the Easement shall be
deemed to be abandoned by Grantee, and such portion(s) of the Easement shall automatically
terminate and revert to Grantor. For example, if a portion of either or both of the pipelines
within the Easement is connected to only one intake point, and that intake point is no longer
delivering gas or salt water, as applicable, into the pipelines, that portion of the Easement
servicing such intake point shall be deemed to be abandoned after one hundred eighty (180) days
Underground Gas Line and Saltwater Line Easement Agreement
2919-ugg&sw-ail-kwk
Page 6
of Grantee's failure to deliver gas or salt water, as applicable, into such intake point. Upon
request of Grantor, Grantee agrees to promptly execute a release of easement, in a form suitable
to Grantor, evidencing the termination of all or a portion of the Easement pursuant to the
provisions of this paragraph. Upon termination of all or any portion of this Easement, Grantee
agrees, at Grantor's option, either to remove the pipelines and appurtenant facilities, to level and
fill the ditch,to seed the area and to restore the area as much as reasonably possible to its original
condition, or to sever such pipelines, to purge the lines of all substances, and to seal the ends of
the pipelines, in which case the pipe and appurtenant facilities shall become the property of
Grantor.
17. Within thirty (30) days of completion of the pipelines within the Easement Area,
Grantee shall provide Grantor with plan and profile sheets, in a form acceptable to Grantor,
containing as-built survey data of the constructed pipelines. The as-built survey data shall
include, at a minimum, horizontal and vertical survey shots: (i) every one hundred feet (100')
along straight pipe lengths; (ii) at every existing and future utility crossing; (iii) at every
horizontal and vertical point of intersection; and (iv) at the beginning and end of every pipeline
curve.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK/
SIGNATURES ON FOLLOWING PAGE(S)]
Underground Gas Line and Saltwater Line Easement Agreement
2919-ugg&sw-ail-kwk
Page 7
TO HAVE AND TO HOLD the above-described premises, together with all and
singular, the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors
and permitted assigns, until abandoned by Grantee. No warranty of title, either express or
implied, is made by or recourse on Grantor by the execution of this instrument, whatsoever.
EXECUTED to be effective as of the Effective Date.
GRANTOR:
EAGLE INCOME PROPERTIES,LP,
a Texas limited partnership
By: Hillwood Alliance GP, LLC,
a Texas limited liability company,
its general partner
By: y�
L. ussell'lkluujlhlin,
Senior Vice President
ACCEPTED ON THE TERMS AND
CONDITIONS CONTAINED HEREIN:
GRANTEE:
QUICKSILVER RESOURCES INC.
By: b!4_
Name:
art
Title:
Underground Gas Line and Salt Water Line Easement Agreement
2919-ugg&sw-ail-kwk
Signature Page
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this (9 day of (,t_ + , 2011
by L. Russell Laughlin, Senior Vice President of Hillwood Alliance GP, LLC, ge'rieral partner of
EAGLE INCOME PROPERTIES, LP, a Texas limited partnership, on behalf of said limited
partnership.
gin""""""ri LORI L. BOWLING -
\\lP S
bo� 1
Notary Public,State of Texas
Notary Public, State of Texas
a5 My Commission Expires
October 17, 2015
STATE OF TEXAS §
COUNTY OF TARRANT §
%(is instru a vas acknowledged before me the day ofJ�naua 2*r
by , as U r —LQ66( , for Q ICKSILVER
RIES00WES C.,a Delaware corporation,on behalf o said corporation.
— - tart'Public, ate of Texas
��t AP r p9 i
MIMI ELAINE KEENOM /
Printed NameLiG� /
My Commission Expires
March 13,2013
Commission Expires:
GRANTEE'S ADDRESS: AFTER RECORDING, RETURN TO:
Quicksilver Resources Inc. Eagle Income Properties, LP
801 Cherry Street 13600 Heritage Parkway
Suite 3700, Unit 19 Suite 200
Fort Worth, Texas 76102 Fort Worth, Texas 76177
Attn: L. Russell Laughlin
Underground Gas Line and Salt Water Line Easement Agreement
2919-ugg&sw-ail-kwk
Acknowledgment Page
EXHIBIT"A"
LEGAL DESCRIPTION OF A
VARIABLE WIDTH GAS AND SALT WATER EASEMENT
BEING a tract of land situated in the P. K.Matthews Survey,Abstract Number 865 and the
Allen Henderson Survey,Abstract Number 596,Denton County,Texas,and being a portion of
that certain tract of land described by deed to Eagle Income Properties,LP,as recorded in
County Clerk's Filing Number 2009-143323,Real Property Records of Denton County,Texas,
and being more particularly described by metes and bounds as follows:
COMN[ENCING at a steel post found at the northeast property comer of said Eagle Income
Properties tract,said steel post being at an ell corner in the existing westerly right-of-way line of
Elizabethtown Cemetery Road(a county road);
THENCE S 00°03'34"W, 89.46 feet along the common line of the easterly property line of said
Eagle Income Properties and the westerly right-of-way line of said Elizabethtown Cemetery
Road to a 518 inch iron rod with cap stamped"ESMT"set at the POINT OF BEGINNING;
THENCE S 00003'34"W,30.00 feet continuing along said common line;
THENCE N 89058'31"W,312.93 feet departing said common line;
THENCE S 87°26'00"W,86.84 feet;
THENCE S 39001'51"W,221.76 feet;
THENCE S 1005511"W,366.00 feet;
THENCE S 70°46'29"W,467.07 feet;
THENCE N 75031'39"W,34.03 feet;
THENCE N 88030'l TV, 156.90 feet to the common line of the westerly property line of said
Eagle Income Properties tract and the easterly right-of-way line of Interstate Highway 35W(a
variable width right-of-way);
THENCE N 30019'56"E,22.83 feet along said common line;
THENCE S 88°30'1T'E,departing said common line 59.24 feet;
THENCE N 75034'36"W,53.96 feet returning to said common line;
THENCE N 30019'56"E,20.80 feet along said common line to a 5/8 inch iron rod with cap
stamped"ESMT"set;
Jacobs Job No. WFXG5800 ACF#2919
AFN January 05,2011
J:\JOB\WFXG5800\SUR\WP\LEG1g5800el87NAD83.DOC Page 1 of 2
THENCE S 75°3436"E,departing said common line 112.54 feet to a 5/8 inch iron rod with cap
stamped"ESMr'set;
THENCE S 88030'24"E,54.48 feet to a 5/8 inch iron rod with cap stamped"ESMT"set;
THENCE N 70°46'29'E,436.52 feet to a 5/8 inch iron rod with cap stamped"ESW'set;
THENCE N 10055'11"E,356.24 feet to a 5/8 inch iron rod with cap stamped"ESMT"set;
THENCE N 39001'51"E,242.75 feet to a 5/8 inch iron rod with cap stamped"ESMT"set;
THENCE N 87026'00"E, 101.00 feet to a 518 inch iron rod with cap stamped"ESMT"set;
THENCE S 890'58'31"E,313.63 feet to the Point of Beginning and containing 49,524 square
feet or 1.137 acres of land,more or less.
OF l
TERENCE A. MURRAY
6059
0,, s `o
S U
A
Jacobs Job No. WFXG5800 ACF#2919
AFN January 05,2011
J:\JOB\WFXG5800\SUR\WP\LEG\g5800el87NAD83.DOC Page 2 of
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n CC'2009-143322 R.P.R.O.C.T. i d
3 o TEMPORARY WORK AREA
2.446 ACRES
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1750FEET BASIS OF BEARINGS 1S THE TEXAS STATE PLANE COORDINATE SYSTEM, �ACF*2919
NORTH CENTRAL ZONE,.lAC�BS" GRIDCOVE VALUET TO S. USE THE COMBINED
OMB I NEDUSCAL DISTANCES CTOF"0'."9998403"TORE $Hr,NO.
WRT�WORIHs�T�IC 78102
(517)735MM JOB #E WFXG5800 DATE: 01-05-11 DRAWN:DLF CHECKED: TAM
EXHIBIT`B"
Clarification and Understanding of the Terms and Conditions for
Easements on Hillwood Property
In addition to the terms and conditions contained in the Underground Gas Line and Saltwater
Line Easement Agreement, the following conditions shall apply:
The Grantor must approve all routes used to access the work areas. Any gates accessed
by the contractor shall be kept closed at all times, and locked whenever the contractor is
not on-site.
Contractor shall limit all construction operations (including the storage of any
construction materials)to the Easement Tract.
An erosion control silt fence (or other approved silt control material) shall be required
along the length of the construction area, as well as in all channels, swales or other low
areas.
All vegetated and grassed areas damaged or disturbed by construction shall be restored to
pre-construction condition. Grasses must be established immediately upon completion of
construction operations. In areas where the primary grasses are Coastal Bermuda
("Coastal"), the grass must be reestablished by"plugging," and not by broadcast seeding.
If weather conditions warrant, an approved winter rye mix may be planted in lieu of the
Coastal, with the Coastal being properly planted in the following spring(this requires that
the winter rye be killed by use of an approved herbicide, that the ground be stripped and
plowed [no rock is allowed on, or 2' below the surface of, the finished grade], and that
the Coastal be plugged and irrigated until such time as 70% coverage has been
established). In all cases, the grass shall be fertilized and irrigated until the appropriate
coverage is attained.
All fences damaged by construction shall be replaced to Grantor's standards (generally,
7-strand barbed wire on steel posts placed at 8' centers, steel pipe line posts at 100'
centers, steel pipe "H" Braces at 600' centers, and steel pipe corner braces as required).
Temporary fences in grazing pastures shall be 5-strand barbed wire on steel T-posts
spaced at 8' centers.
Temporary fences in crop areas shall be 3-strand barbed wire on steel T-posts spaced at
8' centers.
Any gates or cattle guards damaged by construction shall be replaced to Grantor's
satisfaction. This includes replacement of all damaged materials, painting, and any other
work required to return the gate or cattle guard to pre-construction condition.
Exhibit`B"—Page 1
Underground Gas Line and Salt Water Line Easement Agreement
2919-ugg&sw-ail-kwk
All trash and debris shall be collected and disposed of on a daily basis.
Grantor can supply a list of approved contractors and vendors regularly used for clean-up,
repair and re-vegetation on Hillwood property.
Contractor shall provide contact information (24 hours a day/7 days a week) for field
supervisors and office personnel who can be contacted should any problems arise on the
construction site.
Hillwood Contact Information:
Craig Schkade
Land Development
817-224-6067 (Office)
817-903-1986 (Cell)
817-224-6061 (Fax)
Russell Laughlin
Land Development
817-224-6017 (Office)
214-505-3481 (Cell)
817-224-6061 (Fax)
Mark Baker
Land and Cattle Operations
817-430-2305 (Office)
817-454-9398 (Cell)
817-430-2395 (Fax)
Exhibit"B"—Page 2
Underground Gas Line and Salt Water Line Easement Agreement
2919-ugg&sw-ail-kwk
Denton County
Cynthia Mitchell
County Clerk
Denton, Tx 76202
�o zoy z 000t asss
Instrument Number: 2012-14686
As
Recorded On: February 14, 2012 Easement
Parties: EAGLE INCOME PROPERTIES Billable Pages: 16
To Number of Pages: 15
Comment:
(Parties listed above are for Clerks reference only)
** Examined and Charged as Follows:**
Easement 72.00
Total Recording: 72.00
************ DO NOT REMOVE. THIS PAGE IS PART OF THE INSTRUMENT************
Any provision herein which restricts the Sale,Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2012-14686
Receipt Number: 873160 AIL INVESTMENTS
Recorded Date/Time: February 14, 2012 04:01:49P ATTN L RUSSELL LAUGHLIN
13600 HERITAGE PKWY STE 200
User/Station: J Morris-Cash Station 1 FT WORTH TX 76177
THE STATE OF TEXAS
}
�°u � COUNTY OF DENTON }
I hereby certify that this Instrument was FILED in the File Number sequence on the date/time
printed heron,and was duly RECORDED in the Official Records of Denton County,Texas.
� Ci�tduU.
I896 County Clerk
Denton County, Texas
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,YOU MAY REMOVE
OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT
TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE
PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
UNDERGROUND GAS LINE EASEMENT AGREEMENT
This Underground Gas Line Easement Agreement (this "Agreement") is entered into
as of the 1st day of February, 2011 (the "Effective Date"), between EAGLE INCOME
PROPERTIES, LP, a Texas limited partnership ("Grantor"), and COWTOWN PIPELINE
PARTNERS,L.P.,a Texas limited partnership ("Grantee"):
For and in consideration of Ten Dollars ($10.00) in hand paid and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in
consideration of the covenants contained herein Grantor and Grantee hereby agree as follows:
1. Subject to the terms of this Agreement, Grantor hereby grants and conveys to
Grantee a non-exclusive easement and right-of-way, as depicted in Exhibit "A" hereto (the
"Easement"), over, under and across the property described in Exhibit "A" hereto (the
"Easement Tract"). This grant and conveyance is made subject to all matters of record.
2. The Easement shall only be used for the purpose of constructing, installing,
reconstructing, using, operating, maintaining, repairing and removing one (1) underground
pipeline, as follows:
a. gas pipeline not to exceed twenty inches (20") in outside diameter for the sole
purpose of transporting natural gas and all necessary or desirable underground
appurtenances, together with the right of ingress and egress along and upon the
Easement Tract; and
Grantee agrees to bury said pipeline and appurtenances to a sufficient depth so as not to interfere
with the cultivation of the soil, but in any event at least forty-eight inches (48")below the surface
of the Easement Tract. No facilities shall be installed by Grantee on the surface of the Easement
Tract except such small and unobtrusive equipment as is necessary for the actual operation of the
pipeline installed under the Easement Tract (such as venting devices, cathodic protection, meters
and line-of-sight markers). Grantee shall install and maintain, for the duration of this
Agreement, line-of-sight markers along the Easement. After initial construction of the pipeline
and related appurtenances within the Easement Tract, Grantee shall not modify the vertical or
horizontal location of such pipeline and related appurtenances, nor shall Grantee add additional
appurtenances, without the prior written consent of Grantor.
3. In the event any portion of the Grantee's underground gas line or related facilities
are located outside of the Easement Tract, Grantee agrees to relocate such pipeline and facilities
Underground Gas Line Easement Agreement
2918-gas-eagleincome-cowtown
Page 1
to the Easement Tract, at Grantee's sole cost, liability and expense, within thirty (30) days of a
written request from Grantor to relocate. Grantor shall have the right, in its sole discretion, to
delay such relocation, to limit the hours such relocation operations are conducted and/or to
designate the areas to be used for such relocation operations. In addition, Grantee shall make all
accommodations requested by Grantor, in Grantor's sole discretion, which would serve to
minimize the disruption of the relocation operations on Grantor's use of the affected surface of
Grantor's property. Such relocation obligation shall not limit or waive any right Grantor may
have against Grantee for damages or any other relief allowed by law for the placement of the
pipeline or facilities outside of the Easement Tract. Grantor and Grantee agree that in addition to
any other remedies to which Grantor may be entitled at law or in equity, Grantor is entitled to
injunctive relief to compel Grantee's specific performance of the relocation obligation set out in
this paragraph. Grantee, on behalf of itself and its successors and assigns, hereby waives and
releases any right Grantee may have to claim any easement by prescription, implication,
permission or estoppel for any pipeline(s) or facility located outside of the Easement Tract on
Grantor's property.
4. The Easement is not assignable by Grantee without the prior written consent of
Grantor,which consent shall not be unreasonably withheld or delayed.
5. Grantee acknowledges that this is a non-exclusive easement and that Grantor
reserves and retains the right to grant other rights and easements across or under the Easement
Tract to such other persons or entities as Grantor elects at any time and from time-to-time,
provided that such grants of other rights and easements do not unreasonably interfere with
Grantee's rights under this Easement. Grantee acknowledges that Grantor's additional grants of
rights and easements across or under the Easement Tract may include, but are not limited to,
additional easements to Grantee, Quicksilver Resources, Inc., their affiliated entities, and their
respective successors and assigns, (collectively, "Grantee Parties"), and Grantee hereby
confirms, acknowledges and agrees that such additional easements do not unreasonably interfere
with Grantee's rights under this Easement. Further, Grantee hereby confirms, acknowledges and
agrees that with respect to easements ("Other Easements") granted by Grantor to parties other
than the Grantee Parties, so long as pipelines, utility lines and other equipment placed within the
areas covered by the Other Easements are at least two feet above or two feet below Grantee's
pipeline under this Easement, such Other Easements do not unreasonably interfere with
Grantee's rights under this Easement. Grantee also acknowledges that there may be existing or
future pipelines other than the pipeline contemplated herein across or under the Easement Tract,
and that it will not unreasonably interfere with or damage such existing or future pipelines.
Grantee further acknowledges that it will locate all such existing or future pipelines, that it will
conduct its own due diligence regarding the Easement Tract, and that it will not rely in any way
upon any maps, plats or other descriptions of the Easement Tract provided to Grantee by
Grantor. Grantor agrees that roads, driveways, alleys, and fences constructed on the Easement
Tract will typically be limited as follows:
a. Roads, driveways, and alley crossings must cross the Easement Tract at an angle
of forty-five degrees (45') or greater and shall be limited in width to sixty feet
(60'); and
Underground Gas Line Easement Agreement
2918-gas-eagleincome-cowtown
Page 2
b. Except for livestock and agriculture fences, all fences must cross the Easement
Tract at an angle of sixty degrees(60°) or greater.
Where obstructions are built outside of the criteria described in items a and b above, damage to
obstructions caused by pipeline maintenance will be the responsibility of the Grantor.
6. Grantor and any future owners of the fee title to the Easement Tract and their
designees shall have the right to construct fences, roads, driveways, alleys, and underground
utilities across, over and under the Easement Tract and to landscape the Easement Tract.
7. GRANTEE SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS
GRANTOR FROM ANY AND ALL LIABILITY, LIENS, DEMANDS, JUDGMENTS, SUITS
AND CLAIMS OF ANY KIND OR CHARACTER ARISING OUT OF, IN CONNECTION
WITH, OR RELATING TO ANY OPERATION CONDUCTED OR ACTIVITY
UNDERTAKEN BY GRANTEE, OR ITS AGENTS, CONTRACTORS, EMPLOYEES,
LICENSEES OR INVITEES, ON, UNDER, OR AROUND THE EASEMENT TRACT,
WHETHER SUCH CLAIMS ARE MADE BY GRANTEE, BY GRANTEE'S EMPLOYEES,
AGENTS, CONTRACTORS, LICENSEES OR INVITEES OR BY THIRD PARTIES,
INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR INJURY OR DEATH OF ANY
PERSON, OR DAMAGE, LOSS OR DESTRUCTION OF ANY PROPERTY, REAL OR
PERSONAL, UNDER ANY THEORY OF TORT, CONTRACT OR STRICT LIABILITY,
AND EXPRESSLY INCLUDING, WITHOUT LIMITATION, CLAIMS RELATING TO
THE CONDITION OF THE EASEMENT TRACT OR ANY DEFECTS THEREON
(WHETHER LATENT OR OTHERWISE). GRANTEE FURTHER COVENANTS AND
AGREES TO DEFEND ANY SUITS BROUGHT AGAINST GRANTOR ON ACCOUNT OF
SAID CLAIMS AND TO PAY ANY JUDGMENTS AGAINST GRANTOR RESULTING
FROM ANY SUCH SUIT OR SUITS, TOGETHER WITH ALL COSTS AND EXPENSES
RELATIVE TO ANY SUCH CLAIMS, INCLUDING ATTORNEYS' FEES. GRANTOR
SHALL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUIT OR
CLAIM IN WHICH IT MAY BE A PARTY WITHOUT RELIEVING GRANTEE OF ITS
OBLIGATIONS HEREUNDER. THE FOREGOING INDEMNITIES SHALL SURVIVE ANY
TERMINATION OF THIS AGREEMENT AND SHALL INURE TO THE BENEFIT OF
GRANTOR, ANY OF ITS AFFILIATES, AND ALL OF THE OFFICERS, DIRECTORS,
EMPLOYEES, CONTRACTORS AND AGENTS OF GRANTOR AND AFFILIATES OF
GRANTOR(THE "INDEMNIFIED PARTIES").
8. GRANTEE'S FACILITIES, EQUIPMENT, VEHICLES, PIPELINES, OIL,
GAS, HYDROCARBONS, HYDROCARBON BY-PRODUCTS AND PROPERTY OF ANY
KIND ("GRANTEE'S PROPERTY") ARE TO BE LOCATED, PLACED OR UTILIZED ON
THE EASEMENT TRACT SOLELY AT THE RISK OF GRANTEE, AND GRANTEE
HEREBY WAIVES ANY CLAIM FOR LOSS, DAMAGE OR DESTRUCTION OF
GRANTEE'S PROPERTY AND ANY CONSEQUENTIAL DAMAGES ARISING
THEREFROM AGAINST ANY OF THE INDEMNIFIED PARTIES.
9. As used in this Agreement, the term "Hazardous Materials" means any substance
defined or identified under any applicable federal, state,or local statute, rule, regulation or law as
Underground Gas Line Easement Agreement
2918-gas-eagleincome-cowtown
Page 3
(1) a hazardous, extra-hazardous or toxic substance, waste, or material; (2) any substance, waste
or pollutant generated or produced by Grantee's operations and activities; or (3) any substance
defined as oil and gas waste under any applicable federal or state environmental law or
regulation, including those promulgated under Section 91.1011 of the Texas Natural Resources
Code. "Remedial Work" is defined as any investigation, monitoring, cleanup, containment,
remediation, removal, and restoration work performed in response to any federal, state or local
government authority or private party action or pursuant to any federal, state or local statute,
rule, regulation, or law, on the Easement Tract or adjacent property, where such Remedial Work
is occasioned by the operations or activities of Grantee or its agents, contractors, employees,
licensees or invitees. Grantee agrees (1) that Grantee and its agents, contractors, employees,
licensees or invitees will not generate, treat, store, dispose of or otherwise deposit or release
Hazardous Materials in, on or under the Easement Tract or the adjacent property; (2) to remove
from the Easement Tract and adjacent property any Hazardous Materials placed or released
thereon by Grantee or its agents, contractors, employees, licensees or invitees through any of
their operations and activities; (3)to perform Remedial Work where occasioned in connection
with Grantee's or its agents, contractors, employees, licensees, or invitees' operations or
activities on the Easement Tract and adjacent property; and (4) to comply in all respects with all
federal, state and local governmental statutes, rules, regulations and laws governing Grantee's
operations and activities and Remedial Work on or associated with the Easement Tract and
adjacent property. Remedial Work shall be performed by one or more contractors selected by
Grantee and approved in advance and in writing by Grantor and under the supervision of a
consulting engineer selected by Grantee and approved in advance and in writing by Grantor. All
costs and expenses of Remedial Work shall be paid by Grantee, including, without limitation, the
charges of such contractors and/or the consulting engineer and Grantor's reasonable attorneys'
fees, costs incurred in connection with the monitoring or review of Remedial Work, and all fines,
penalties, and assessments assessed against Grantee and Grantor as a result of the placement or
release of Hazardous Materials and Remedial Work. If Grantee shall fail to timely commence or
cause to be commenced, or fail to diligently prosecute to completion, such Remedial Work,
Grantor may, but shall not be required to, cause such Remedial Work to be performed, and
Grantee will reimburse all reasonable costs of same on demand. Grantee will promptly notify
Grantor of any claim or other action by any governmental agency or any third party involving the
actual or alleged existence of Hazardous Materials on the Easement Tract or on adjacent
property, or violation of any federal, state or local statute, rule, regulation, or law related to
Hazardous Materials and will provide Grantor with copies of(1) any notice of any release of
Hazardous Materials given by Grantee pursuant to any statute, rule,regulation or law and (2) any
report of and response to any such incident. Grantee will indemnify, pay, protect, defend and
save Grantor harmless (in accordance with the provisions of Paragraph 7) from all claims,
liabilities, fees and expenses of any kind that arise from the actual or alleged presence or release
of any Hazardous Materials in connection with Grantee's operations and activities. This
indemnification shall include costs and expenses in connection with any Remedial Work when
performed by Grantor or any third party in response to any federal, state or local governmental
authority or private party action or any federal, state or local statute, rule, regulation or law. All
such costs and expenses shall be due and payable upon demand therefor by Grantor.
10. Grantee, at its own expense, shall maintain a general liability insurance policy
(covering both (i) bodily injury, property damage, cleanup, surface remediation, and
Underground Gas Line Easement Agreement
2918-gas-eagleincome-cowtown
Page 4
(ii) Grantee's indemnity obligations under this Easement) in an amount of at least
$10,000,000.00 per occurrence. Grantee shall also, at its own expense, carry worker's
compensation insurance as required by law. All such policies shall (i) name Grantor as an
additional insured (except for the worker's compensation policy, which instead shall include a
waiver of subrogation endorsement in favor of Grantor), and(ii)provide that said insurance shall
not be canceled unless thirty (30) days' prior written notice shall have been given to Grantor. In
addition, such insurance provided by Grantee shall be primary coverage for Grantor when any
policy issued to Grantor is similar or duplicative in coverage, and Grantor's policies shall be
excess over Grantee's policies. Said policy or policies or certificates thereof shall be delivered to
Grantor by Grantee upon commencement of the Agreement and upon each renewal of said
insurance.
11. In addition to Grantee's environmental obligations as set out in this Agreement,
Grantee shall promptly repair any damage to improvements on the Easement Tract or adjacent
property and restore the surface of the Easement Tract and adjacent property from damage
resulting from Grantee's use of the Easement Tract, including, but not limited to, the restoration
of existing top soil or removal of spoils created during construction by the Grantee. During
construction, repair or other operations, all ditching or trenching shall be done in such a manner
that the ditch will not sink or cave in. The underground pipeline shall be buried within trenches
with compacted soil that contains properties equivalent to that of the adjoining area. All trash
and debris from construction of the pipeline shall be removed from the Easement Tract. During
construction operations, Grantee shall install such fences, barricades or safety barriers as may be
reasonably required to protect the public, livestock or adjacent property. Grantee acknowledges
receipt of the attached Exhibit "B" — Clarification and Understanding of the Terms and
Conditions for Easements on Hillwood Property, and agrees to abide by its provisions.
12. From time to time, upon written request of Grantor, Grantee shall have a recurring
obligation to relocate the Easement (including the pipeline and any related appurtenances) to
another location along other lands as designated by Grantor. Grantor agrees to reimburse
Grantee for any direct out-of-pocket expenses incurred by Grantee for such relocation
operations. Any relocation request by Grantor shall include plans and specifications sufficient to
enable Grantee to determine, in accordance with reasonable engineering practice, the extent and
location of the relocation requested. Grantee shall begin any such relocation within ninety (90)
days of Grantor's written request. Grantor shall furnish, at Grantor's expense, all new easements
across Grantor's property, including any temporary construction easements, necessary for the
relocation.
13. Grantee shall not use the Easement Tract, or permit use of the Easement Tract by
any other person, in a manner which violates any law or regulation, or which may be dangerous
or constitutes a public or private nuisance. Grantee shall not, and shall not permit any of its
employees, agents, contractors, subcontractors, suppliers or invitees to generate, manufacture,
locate or dispose of on or about the Easement Tract any substance that is subject to any law or
regulation pertaining to public health, safety, protection or conservation of the environment. If
Grantor in good faith believes that Hazardous Materials may have been generated, manufactured
or disposed of on or about the Easement Tract by the Grantee or any of its employees, agents,
contractors, subcontractors, suppliers or invitees, Grantor may have environmental studies of the
Underground Gas Line Easement Agreement
2918-gas-eagleincome-cowtown
Page 5
Easement Tract conducted as it deems appropriate. In the event such studies reveal that
Hazardous Materials have been generated, manufactured or disposed of on or about the
Easement Tract, the costs of such studies shall be paid by Grantee.
14. Grantee shall notify Grantor by telephone at least forty-eight (48) hours before
each construction or repair project commences on the Easement Tract, except in the event of
emergencies. In the event of emergencies, Grantee shall notify Grantor as soon as reasonably
possible under the circumstances.
15. All notices required or permitted hereby shall be in writing and shall become
effective after being deposited in the U.S. mail, certified or registered, with appropriate postage
prepaid, or, if delivered by some other manner, when actually received. Notices to the parties
shall be addressed as follows:
To Grantor: Eagle Income Properties, LP
13600 Heritage Parkway
Suite 200
Fort Worth, Texas 76177
Attn: L. Russell Laughlin
To Grantee: Cowtown Pipeline Partners, L.P.
801 Cherry Street
Suite 3700, Unit 19
Fort Worth, TX 76102
From time to time, a party may designate a new address for the purpose of receiving
notices hereunder by giving notice of its new address to the other party in the manner provided
above.
16. This grant of easement shall automatically terminate and revert to Grantor, its
successors or assigns, upon abandonment by Grantee. Without limiting the generality of the
foregoing sentence, in the event Grantee fails to flow gas or through and along any portion(s) of
the Easement for the purpose of collection to a single collection point for a period exceeding one
hundred eighty (180) consecutive days, such portion(s) of the Easement shall be deemed to be
abandoned by Grantee, and such portion(s) of the Easement shall automatically terminate and
revert to Grantor. For example, if a portion of the pipeline within the Easement is connected to
only one intake point, and that intake point is no longer delivering gas into the pipeline, that
portion of the Easement servicing such intake point shall be deemed to be abandoned after one
hundred eighty (180) days of Grantee's failure to deliver gas into such intake point. Upon
request of Grantor, Grantee agrees to promptly execute a release of easement, in a form suitable
to Grantor, evidencing the termination of all or a portion of the Easement pursuant to the
provisions of this paragraph. Upon termination of all or any portion of this Easement, Grantee
agrees, at Grantor's option, either to remove the pipeline and appurtenant facilities, to level and
fill the ditch, to seed the area and to restore the area as much as reasonably possible to its original
condition, or to sever such pipeline, to purge the lines of all substances, and to seal the ends of
Underground Gas Line Easement Agreement
291 S-gas-eagleincome-cowtown
Page 6
the pipeline, in which case the pipe and appurtenant facilities shall become the property of
Grantor.
17. Within thirty (30) days of completion of the pipeline within the Easement Area,
Grantee shall provide Grantor with plan and profile sheets, in a form acceptable to Grantor,
containing as-built survey data of the constructed pipeline. The as-built survey data shall
include, at a minimum, horizontal and vertical survey shots: (i) every one hundred feet (100')
along straight pipe lengths; (ii) at every existing and future utility crossing; (iii) at every
horizontal and vertical point of intersection; and (iv) at the beginning and end of every pipeline
curve.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK/
SIGNATURES ON FOLLOWING PAGE(S)]
Underground Gas Line Easement Agreement
2918-gas-eagleincome-cowtown
Page 7
TO HAVE AND TO HOLD the above-described premises, together with all and
singular, the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors
and permitted assigns, until abandoned by Grantee. No warranty of title, either express or
implied, is made by or recourse on Grantor by the execution of this instrument, whatsoever.
EXECUTED to be effective as of the Effective Date.
GRANTOR:
EAGLE INCOME PROPERTIES,LP.,
a Texas limited partnership
By: Hillwood Alliance GP, LLC,
a Texas limited liability company,
its general partner
By: �
O.Russelljaujhlin,
Senior Vice President
ACCEPTED ON THE TERMS AND
CONDITIONS CONTAINED HEREIN:
GRANTEE:
COWTOWN PIPELINE PARTNERS L.P.,
a Texas limited partnership
By: Crestwood Gas Services Operating GP, LLC
its Gener ner
By:
Name:
Title: (' ��.� I,/' S
Underground Gas Line Easement Agreement
2918-gas-eagleincome-cowtown
Signature Page
ACKNOWLEDGMENTS
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this 1'5'1 day of DIPNOMber 2011
by L. Russell Laughlin, Senior Vice President of Hillwood Alliance GP, LLC, general partner of
EAGLE INCOME PROPERTIES, LP, a Texas limited partnership, on behalf of said limited
partnership.
,.`,P .• LORI L. BOWLiN6
Notary Public,State of Texas NotaryPublic—State of Texas
My Commission Expires
October 17, 2015
STATE OF TEXAS §
COUNTY OF TARRANT §
Zo(Z
This instrument was acknowledge before me on this d , of 28+rl
by , as — of
Crestwood as Services Ope ating GP, LLC, general partner of COW OWN PIPELINE
PARTNERS, L.P., a Texas limited partnership, n ehalf o�P nershi .
y li — a e of Tex As'
MIMI ELAINE KEENOM
My Commission Expires
5
March 13,2013
4lE OR if*f
GRANTEE'S ADDRESS: AFTER RECORDING, RETURN TO:
Cowtown Pipeline Partners L.P. Eagle Income Properties, LP
801 Cherry Street 13600 Heritage Parkway
Suite 3400, Unit 20 Suite 200
Fort Worth, Texas 76102 Fort Worth,Texas 76177
Attn: L. Russell Laughlin
Underground Gas Line Easement Agreement
2918-gas-eagleincome-cowtown
Acknowledgement Page
EIHIIBIT"A"
LEGAL DESCRIPTION OF A
VARIABLE WIDTH GAS EASEMENT
BEING a tract of land situated in the P. K.Matthews Survey,Abstract Number 865 and the
Allen Henderson Survey,Abstract Number 596,Denton County,Texas,and being a portion of
that certain tract of land described by deed to Eagle Income Properties,LP,as recorded in
County Clerk's Filing Number 2009-143323,Real Property Records of Denton County,Texas,
and being more particularly described by metes and bounds as follows:
COMMENCING at a steel post found at the northeast property comer of said Eagle Income
Properties tract, said steel post being at an ell comer in the existing westerly right-of-way line of
Elizabethtown Cemetery Road(a county road);
THENCE S 00°03'34"W, 89.46 feet along the common line of the easterly property line of said
Eagle Income Properties and the westerly right-of-way line of said Elizabethtown Cemetery
Road to a 5/8 inch iron rod with cap stamped"ESMT"set at the POINT OF BEGINNING;
THENCE S 00°03'34"W,30.00 feet continuing along said common line;
THENCE N 89058'31"W,312.93 feet departing said common line;
THENCE S 87°26'00"W, 96.84 feet;
THENCE S 39-01'51"W,221.76 feet;
THENCE S 10055'11"W,366.00 feet;
THENCE S 70°46'29"W,467.07 feet;
THENCE N 75031'39"W,34.03 feet;
THENCE N 88030'l TV, 156.90 feet to the common line of the westerly property line of said
Eagle Income Properties tract and the easterly right-of-way line of Interstate Highway 35W(a
variable width right-of-way);
THENCE N 30°19'56"E,22.83 feet along said common line;
THENCE S 88030'17"E,departing said common line 59.24 feet;
THENCE N 75034'36"W, 53.96 feet returning to said common line;
THENCE N 30°19'56"E,20.80 feet along said common line to a 5/8 inch iron rod with cap
stamped"BSMT"set;
Jacobs Job No. WFXG5800 ACF#2918
AFN January 05,2011
J:\JOB\WFXG5800\SUR\WP\LEG\g5800el86NAD83.DOC Page 1 of 2
THENCE S 75034'36"E,departing said common line 112.54 feet to a 5/8 inch iron rod with cap
stamped"ESMT"set;
THENCE S 88030'24"E,54.48 feet to a 519 inch iron rod with cap stamped"ESMT"set;
THENCE N 70°46'29"E,436.52 feet to a 5/8 inch iron rod with cap stamped"ESMr'set;
THENCE N 10055'11"E,356.24 feet to a 5/8 inch iron rod with cap stamped"ESM r'set;
THENCE N 3900l'S1"E,242.75 feet to a 5/8 inch iron rod with cap stamped"ESMT"set;
THENCE N 87026'00"E, 101.00 feet to a 5/8 inch iron rod with cap stamped"ESMT"set;
THENCE S 89°58'31"E,313.63 feet to the Point of Beginning and containing 49,524 square
feet or 1.137 acres of land,more or less.
OF T
TERENCE A. MURRAY
6059
SUR`�
Jacobs Job No. WFXG5800 ACF#2918
AFN January 05,2011
J:UOB\WFXG5800\SUR\WP\LEG\g5800e186NAD83.DOC Page 2 of 2
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ssrNORTH CENTRAL ZONE, NAD83 VALUES. DISTANCES SHOWN HEREON ARE ACFIK2918
GRID VALUES. SCALE FACTOR Of 0.9998403 TO 5HT.NO.
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ro�RT� 78102 JOB # WFXG5800 DATE: 0145 11 DRAWN:DLF CHECKED: TAM
EXHIBIT`B"
Clarification and Understanding of the Terms and Conditions for
Easements on Hillwood Property
In addition to the terms and conditions contained in the Underground Gas Line Easement
Agreement,the following conditions shall apply:
The Grantor must approve all routes used to access the work areas. Any gates accessed
by the contractor shall be kept closed at all times, and locked whenever the contractor is
not on-site.
Contractor shall limit all construction operations (including the storage of any
construction materials)to the Easement Tract.
An erosion control silt fence (or other approved silt control material) shall be required
along the length of the construction area, as well as in all channels, swales or other low
areas.
All vegetated and grassed areas damaged or disturbed by construction shall be restored to
pre-construction condition. Grasses must be established immediately upon completion of
construction operations. In areas where the primary grasses are Coastal Bermuda
("Coastal"), the grass must be reestablished by"plugging," and not by broadcast seeding.
If weather conditions warrant, an approved winter rye mix may be planted in lieu of the
Coastal, with the Coastal being properly planted in the following spring(this requires that
the winter rye be killed by use of an approved herbicide, that the ground be stripped and
plowed [no rock is allowed on, or 2' below the surface of, the finished grade], and that
the Coastal be plugged and irrigated until such time as 70% coverage has been
established). In all cases, the grass shall be fertilized and irrigated until the appropriate
coverage is attained.
All fences damaged by construction shall be replaced to Grantor's standards (generally,
7-strand barbed wire on steel posts placed at 8' centers, steel pipe line posts at 100'
centers, steel pipe "H"Braces at 600' centers, and steel pipe corner braces as required).
Temporary fences in grazing pastures shall be 5-strand barbed wire on steel T-posts
spaced at 8' centers.
Temporary fences in crop areas shall be 3-strand barbed wire on steel T-posts spaced at
8' centers.
Any gates or cattle guards damaged by construction shall be replaced to Grantor's
satisfaction. This includes replacement of all damaged materials, painting, and any other
work required to return the gate or cattle guard to pre-construction condition.
Exhibit"B"—Page 1
Underground Gas Line Easement Agreement
2918-gas-eagleincome-cowtown
All trash and debris shall be collected and disposed of on a daily basis.
Grantor can supply a list of approved contractors and vendors regularly used for clean-up,
repair and re-vegetation on Hillwood property.
Contractor shall provide contact information (24 hours a day/7 days a week) for field
supervisors and office personnel who can be contacted should any problems arise on the
construction site.
Hillwood Contact Information:
Craig Schkade
Land Development
817-224-6067 (Office)
817-903-1986 (Cell)
817-224-6061 (Fax)
Russell Laughlin
Land Development
817-224-6017 (Office)
214-505-3481 (Cell)
817-224-6061 (Fax)
Mark Baker
Land and Cattle Operations
817-430-2305 (Office)
817-454-9398 (Cell)
817-430-2395 (Fax)
Exhibit'B"—Page 2
Underground Gas Line Easement Agreement
2918-gas-eagicincome-cowtown