HomeMy WebLinkAbout(0029) 29210666_2_Total - Easement Agreement - Tract M68 - Clear Fork Lift JW mm 7-1.pdfNOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
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TEMPORARY ACCESS AGREEMENT BETWEEN THE CITY OF FORT WORTH AND
TOTAL E&P USA BARNETT, LLC
THE STATE OF TEXAS
COUNTY OF TARRANT
This Temporary Access Agreement ("Agreement") is entered into as of , 2021 (the
"Effective Date") by and between the CITY OF FORT WORTH, a home -rule municipal corporation of
the State of Texas ("City"), and TOTAL E&P USA BARNETT, LLC ("Total"), a Delaware limited
liability company, acting by and through its duly authorized representative.
RECITALS
WHEREAS the City acquired from Total certain real property located in Fort Worth, Tarrant
County, Texas consisting of approximately 0.961 acres in fee and approximately 0.218 acres of permanent
access easement, said property being more particularly described on EXHIBIT A attached as a part hereof
(the "Property"); and
WHEREAS the Property will be used by the City in order to construct and maintain the Clear Fork
Lift Station; and
WHEREAS the Property is located immediately to the north of an active gas well and facility pad
site owned and operated by Total (the "Pad Site"); and
WHEREAS, in order to continue its operations on the Pad Site, Total requires occasional and
limited access through the Property for the circulation of vehicular traffic; and
WHEREAS the City agrees to grant Total non-exclusive and occasional use of the Property in
accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the covenants and agreement contained herein, City
and Total agree as follows:
AGREEMENT
I.
Term
a. Term. This Temporary Access Agreement shall be effective on the Effective Date and shall remain
in full force and effect until the sooner of (1) the date the Pad Site is Abandoned; or (2) termination of the
Agreement as provided herein (the "Term"). The Pad Site shall be deemed "Abandoned" when the party
or parties conducting the operations thereon provide written notice to the City affirmatively stating that the
Temporary Access Agreement 1 of 13
operations on the Pad Site have permanently ceased as evidenced by the plugging and abandonment of any
and all wells in existence as of that time and the restoration of the well sites, as well as the submission or
filing of all required documents with any governmental authorities having jurisdiction over such matters,
and the final approval by the gas inspector thereof following restoration of the drill site accomplished in
conformity with all applicable governmental requirements.
b. Access. No use of or access to the Property shall be allowed outside of the designated Term.
Total's rights in and to the Property hereunder shall be strictly limited and shall fully and absolutely
terminate and be of no further force and effect at the conclusion of the Term. After the Term ends, all rights
of Total in and to the Property shall, automatically and without the need for any further documentation,
fully and unconditionally terminate, whereupon Total shall have no right of entry or use of the Property
whatsoever.
Termination. This Agreement may be terminated by written agreement of both Parties.
II.
Consideration
a. Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged. Total shall not be obligated to pay any additional consideration for the
duration of this Agreement.
III.
Premises
a. Subject to the terms and conditions set forth in this Agreement and the City Charter and ordinances,
for and in consideration of the covenants and promises expressed herein, the City does hereby grant and
convey to Total an easement on the Property during the Term for the use of the Property for the purposes
stated herein for the benefit of the Pad Site and of Total and Total's successors and assigns who at any time
own rights and interests in and to the Pad Site:
1. A portion of the Property, the description, location, and boundaries of which are depicted
in EXHIBIT B, attached as a part hereof (the "Traffic Circulation Area"), for purposes of
occasional circulation of vehicular traffic during Total's larger Pad Site operations.
2. In accessing and using the Traffic Circulation Area, Total shall comply with all of its
obligations and responsibilities under this Agreement and under any and all applicable federal,
state, or local law, rule, or ordinance.
3. Total shall notify the City's Project Manager forty-eight (48) hours prior to initiating any
access of the Traffic Circulation Area; provided, however, no such notice is required in the case of
an emergency as determined by Total in its reasonable judgment. City reserves the right to designate
a new Project Manager with written notice to Total.
4. Except as provided in Section VI.b below with regard to fencing, Total shall do all work
and furnish all labor, equipment, and materials necessary to fully allow its access as provided for
in this Agreement. City shall not be responsible for any costs associated with this Agreement,
including, but not limited to, any costs for construction, labor, equipment, or materials.
Temporary Access Agreement 2 of 13
IV.
Acceptance of Premises
a. Total takes all portions of the Traffic Circulation Area in "'AS IS" condition without any express
or implied warranty on the part of the City. Total accepts the Traffic Circulation Area in its present
condition, finds it suitable for the purposes intended, and further acknowledges that Total is thoroughly
familiar with such condition by reason of personal inspection and does not rely on any representations by
the City as to the condition of the Traffic Circulation Area or its suitability for the purposes intended. Total
accepts the Traffic Circulation Area subject to any and all previously recorded easements that may have
been granted on, along, over, under, or across said property, and releases the City from any and all damages,
claims for damages, loss, or liabilities that may be caused to invitees, licensees, contractors, or trespassers
by reason of the exercise of such rights or privileges granted in said easements. Total's taking possession
of the Traffic Circulation Area shall be conclusive evidence that: (a) the Traffic Circulation Area is suitable
for the purposes and uses for which same are granted; and (b) Total waives any and all defects in and to the
Traffic Circulation Area. The City shall not be liable to Total, its agents, employees, contractors,
subcontractors, invitees, licensees, or guests for any damage to any person or property due to the acts
or omissions of Total, its agents, employees, contractors, or subcontractors, unless, and to the extent,
such damage is caused by the gross negligence or willful misconduct of City or its agents, employees,
separate contractors, or subcontractors.
V.
Use Not Exclusive
a. This Agreement and all rights granted to Total herein are strictly non-exclusive. The City reserves
the right to enter into and grant other and future licenses, leases, and other authorizations for use of the
Property and the Traffic Circulation Area to other persons and entities as the City deems appropriate in
accordance with applicable law; provided, however, any such subsequent licenses, leases, and other
authorizations shall be subject to this Agreement and that in granting subsequent authorization for use, the
City will not allow a use that will unreasonably interfere with the Total's use of the Traffic Circulation Area
as provided herein. This Agreement does not establish any priority for the use of the Traffic Circulation
Area by Total 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 Traffic Circulation Area, the first priority shall be to the City in the performance
of its various functions necessary for the operation of the Clear Fork Lift Station, 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.
VI.
Public Safety
a. Total shall be solely responsible for initiating, maintaining, and supervising all safety and security
precautions and programs, including those required by the Texas Commission on Environmental Quality,
in connection with Total's use of the Traffic Circulation Area.
b. City shall at City's cost erect a controlled -access entry in the Property's perimeter fencing in the
form of a chain link fence. The chain link fence shall be either six (6) feet tall with three strands of barbed
wire or eight (8) feet tall without barbed wire The bottom of the fence must be close enough to the surface
grade to prevent human access. The fencing shall be kept secure when not in use. At no time shall any
fenced area be left open unless staffed by Total or City personnel. Total shall be allowed to temporarily
remove any such fencing in connection with Total's use of the Traffic Circulation Area; provided, however,
Temporary Access Agreement 3 of 13
Total shall re -install such fencing thereafter. Any removal and re -installation of such fencing by Total shall
be at Total's cost and expense.
VII.
Protection of the Environment
a. Total shall not knowingly, nor permit any third party using the Traffic Circulation Area with the
express permission of Total to, use, handle, or store any Hazardous Materials on, under, over, or about the
Traffic Circulation Area in violation of any applicable laws. Total shall not handle or store any Hazardous
Materials on the Traffic Circulation Area, except that the Total may, in compliance with applicable
environmental laws and the terms of this paragraph, use and store Hazardous Materials in such amounts
and types that are commonly used in connection with the uses permitted herein, provided, however, that
Total specifically agrees to remove any and all such Hazardous Materials on or before the final day of the
Term. Total shall not introduce, use, generate, store, accept, or dispose of on, under, or about, transport
across, the Traffic Circulation Area any "treatment, storage or disposal facility" or "underground storage
tank," as those terms are defined under applicable environmental laws. For purposes of this Agreement,
"Hazardous Materials" shall mean potentially dangerous hazardous wastes, toxic substances, or related
materials, including, but not limited to, pollutants; asbestos; polychlorinated biphenyl (PCB); petroleum or
other fuels (including crude oil or any fraction or derivative thereof); underground storage tanks, and
substances considered hazardous, toxic, or the equivalent pursuant to applicable laws. Any Hazardous
Materials used by the Total on the Traffic Circulation Area shall be posted on site and a list shall be given
to City.
b. Total shall take commercially reasonable steps to avoid creating or aggravating any condition at
the Traffic Circulation Area that could present a threat to human health or to the environment.
VIII.
Minimizing Impact to Vegetation and Utilities
a. Total shall not cut or remove any trees on the Traffic Circulation Area unless otherwise specifically
permitted by the City.
a. Prior to conducting any work on the Traffic Circulation Area, Total shall use its best efforts to
locate and physically mark all utilities (including, but not limited to, electric lines, waterlines, sewer lines,
storm drains and lines, and gas lines) within the Traffic Circulation Area, which shall include but not be
limited to, conducting a dig test. With regard to all known water and electric utilities, the City's Project
Manager will work with Total to locate and physically mark all such utilities within the Traffic Circulation
Area.
b. If Total encounters any utility infrastructure (including, but not limited to, electric lines, waterlines,
sewer lines, storm drains and lines, or gas lines) in the course of or in connection with Total's use of the
Traffic Circulation Area, Total covenants and agrees to cease operations and install protective matting or
other protective measures over or around such utilities in compliance with specifications approved by the
City's Project Manager. Following installation of any required protective measures, Total shall contact the
City's Project Manager to arrange for inspection and approval by appropriate City personnel.
Temporary Access Agreement 4 of 13
IX.
Restoration and Repairs of Improvements
a. To the extent any road, curb, gutter, irrigation system, water line, electrical line, utility line,
barricade, fence, or other improvement is destroyed, damaged, removed, or altered in connection with
Total's activities under this Agreement, Total shall cease all access through the Traffic Circulation Area
and immediately contact the City's Project Manager so that the City may assess any such issues. Total
shall be responsible and liable for reconstructing, repairing, and restoring any such damage caused by
Total's activities under this Agreement in a good and workmanlike manner to a condition that is equal to
or better than the one in which such improvement existed prior to such damage. Any restoration required
under this section must be completed by Total and inspected and approved by the Project Manager prior to
the expiration of the Agreement. Any certifications or licenses required to perform the work set forth in
this paragraph must be provided to the City's Project Manager prior to the commencement of such work.
X.
Restoration of Surface and Subsurface of Premises
a. To the extent any portion of the surface or subsurface of the Traffic Circulation Area is damaged
or disturbed in connection with Total's activities under this Agreement, Total shall restore the surface or
subsurface of the Traffic Circulation Area in a good and workmanlike manner to a condition that is equal
to or better than the one in which such improvement existed prior to such damage or disturbance.
XI.
Liability; INDEMNIFICATION.
a. Total agrees to pay City for all damages suffered or incurred by City as a direct result of any of
operations on or from the Traffic Circulation Area conducted for or by Total, its agents, employees or
representatives, including, but not limited to, all damage or injury to buildings, fences, equipment, and all
other property, whether real or personal.
b. TOTAL AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS CITY, CITY'S
MEMBERS, DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, AGENTS, LEGAL
REPRESENTATIVES, AFFILIATES, SUCCESSORS AND ASSIGNS (COLLECTIVELY
"INDEMNITEES") FROM AND AGAINST ALL SUITS, CLAIMS, DEMANDS, AND CAUSES OF
ACTION BROUGHT AGAINST CITY BY A THIRD PARTY AND ANY RESULTING
LIABILITIES, LIENS, DAMAGES, LOSSES, REMEDIATION, REMOVAL OR CLEAN-UP
OBLIGATIONS, FINES, PENALTIES, JUDGMENTS AND EXPENSES (INCLUDING
WITHOUT LIMITATION, COURT COSTS, COSTS OF INVESTIGATION AND ATTORNEYS'
FEES) OF ANY NATURE, KIND OR DESCRIPTION WHATSOEVER FOR ANY LOSS OF OR
DAMAGE TO PROPERTY OR INJURY TO OR DEATH OF ANY PERSON INCIDENT TO,
CAUSED BY, RESULTING FROM OR ARISING OUT OF (A) TOTAL'S EXERCISE OF THE
RIGHTS GRANTED HEREIN, OR (B) ANY ACT OR OMISSION OF TOTAL, ANY
CONSULTANT, CONTRACTOR, SUBCONTRACTOR, OR AGENT OF TOTAL, ANYONE
DIRECTLY OR INDIRECTLY EMPLOYED BY THEM, OR ANYONE THAT THEY CONTROL
OR EXERCISE CONTROL OVER (COLLECTIVELY, "CLAIMS").
THE INDEMNITEES WILL NOT BE LIABLE IN ANY MANNER TO TOTAL OR TO ANY
OTHER PARTY AS A RESULT OF THE ACTS OR OMISSIONS OF TOTAL OR ITS
CONSULTANTS, AGENTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
OTHERS IN OR ON THE PROPERTY OR TRAFFIC CIRCULATION AREA WITH THE
EXPRESS PERMISSION OF TOTAL. ALL PERSONAL PROPERTY (INCLUDING WITHOUT
Temporary Access Agreement 5 of 13
LIMITATION ALL MOTOR VEHICLES) UPON THE PROPERTY OR TRAFFIC
CIRCULATION AREA WILL BE AT THE RISK OF TOTAL, AND THE INDEMNITEES WILL
NOT BE LIABLE FOR ANY DAMAGE THERETO OR THEFT THEREOF, EVEN IF SUCH
DAMAGE OR THEFT IS DUE IN PART TO THE NEGLIGENCE OF AN INDEMNITEE. NO
PARTY WILL HAVE ANY RIGHT OR CLAIM AGAINST ANY INDEMNITEE FOR ANY
PROPERTY DAMAGE (WHETHER CAUSED BY NEGLIGENCE OR THE CONDITION OF
ALL OR PARTY OF THE PROPERTY) BY WAY OF SUBROGATION OR ASSIGNMENT,
TOTAL HEREBY WAIVING AND RELINQUISHING ANY SUCH RIGHT. THE OBLIGATIONS
OF TOTAL SET FORTH HEREIN SHALL SURVIVE ANY EXPIRATION OF THIS
AGREEMENT.
C. Total covenants and agrees that City shall in no way or under any circumstances be responsible for
any property belonging to Total, its members, employees, agents, contractors, subcontractors, invitees,
licensees, or trespassers that may be stolen, destroyed, or in any way damaged, and Total HEREBY
INDEMNIFIES AND HOLDS HARMLESS CITY FROM ANY AND ALL SUCH CLAIMS.
d. Total agrees that City shall not be liable for any loss, injury or damage whatsoever suffered or
incurred by Total or Total's agents, employees or representatives while on the Traffic Circulation Area.
XII.
Insurance
a. Duty to Acquire and Maintain
1. Total shall ensure that a policy or policies of insurance are procured and maintained at all
times, in full force and effect, to provide coverages of the types and amounts 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 Traffic Circulation Area. The insurance
required hereunder may be met by a combination of self-insurance and primary and excess policies.
Total shall provide proof of all requirements stated herein to the City prior to accessing the Traffic
Circulation Area.
b. Types and Amounts of Coverage Required
Commercial General Liability:
$1,000,000.00 per occurrence, $2,000,000.00 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
2. Property Damage Liability:
$1,000,000.00 per occurrence
Umbrella Policy
$5,000,000.00
4. Intentionally Omitted
Temporary Access Agreement 6 of 13
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 Permit
Worker's Compensation:
As required by law
Employer's Liability:
$1,000,000.00 per accident
Required Coverage
1. Policies shall not have exclusions that nullify or alter the required lines of coverage, or
decrease the limits of said coverages required by this Agreement, unless such endorsements are
approved in writing by the City. The policy or policies of insurance shall be endorsed to provide
that no material changes in coverage, including, but not limited to, cancellation, termination, non -
renewal, or amendment, shall be made without thirty (30) days' prior written notice to the City.
d. Underwriters and Certificates
1. Total shall procure and maintain its insurance with underwriters who are authorized to do
business in the State of Texas. Within ten (10) business days following execution of this
Agreement, Total 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, Total shall, on demand, provide the City with evidence that it has maintained
such coverage in full force and effect.
Intentionally Omitted
f. Waiver of Subrogation
1. If available, Total shall require any of its contractors' worker's compensation policies to
contain a waiver of subrogation endorsement in favor of the City.
g. No Limitation of Liability
1. The insurance requirements set forth in this section and any recovery by the City of any
sum by reason of any insurance policy required under this Permit shall in no way be construed or
affected to limit or in any way affect Total liability to the City or other persons as provided by this
Permit or law.
XIII.
Prohibition Against Liens
a. Total shall not do any act or make any contract that may be purported to create or be the foundation
of any lien on or any interest in the Property. Any such act, contract, or lien attempted to be created shall
Temporary Access Agreement 7 of 13
be void. Should any purported lien on the Property be created or filed, Total shall, at its sole expense,
liquidate and discharge same within 30 (30) business days after notice from the City to do so.
XIV.
Notices
a. All notices required under this Agreement shall be conclusively determined to have been delivered
when (i) hand -delivered to the other party, its agent, employee, servant, or representative, or (ii) received
by the other party by reliable overnight courier or United States Mail, postage prepaid, return receipt
requested, at the address stated below or to such other address as one party may from time to time notify
the other in writing.
To THE CITY:
Leon Wilson
Project Manager
City of Fort Worth Water Department
200 Texas Street
Fort Worth, Texas 76102
(817) 392-2387
With a copy to:
Matthew A. Murray
City Attorney's Office
City of Fort Worth
200 Texas Street
Fort Worth, Texas 76102
(817)392-8864
TOTAL:
Julie Jones, P.E.
Manager — Regulatory & Real Estate
TEP Barnett USA, LLC
301 Commerce Street, Suite 3701
Fort Worth, TX 76102
Office: (817) 720-1126
With a copy to:
Rich Frazier
Managing Counsel
Total American Services
1201 Louisiana Street, Suite 1800
Houston, TX 77002, USA
Office: (1) 713-647-3566
XV.
Independent Contractor
a. It is expressly understood and agreed that Total shall operate as independent entity in each and
every respect hereunder and not as an agent, representative, or employee of the City. Total shall have the
exclusive control and the exclusive right to control all details and day-to-day operations and activities
relative to operation of its Pad Site and any associated infrastructure and shall be solely responsible for the
acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and
invitees. Total acknowledges that the doctrine of respondent superior shall not apply as between the City
and Total, its officers, agents, servants, employees, contractors, subcontractors, licenses, and invitees.
Nothing contained in this Agreement shall be construed as the creation of a partnership or joint enterprise
between the City and Total.
XVI.
Prohibition Against Assignment
a. Subject to Article III above, Total may not sell, assign, or otherwise transfer any of its rights or
obligations under this Agreement without the prior, written consent of the City; provided, however, this
Agreement is appurtenant to and runs with all or any portion of the Property and Pad Site, whether or not
this Agreement is referenced or described in any conveyance of all or any portion the Property and Pad
Site. Any such attempted assignment without the City's consent shall be void.
Temporary Access Agreement 8 of 13
XVII.
Compliance with Laws and Regulations
a. In operating under this Agreement, Total agrees to comply with all applicable federal, state, and
local laws, regulations, and ordinances, including all City ordinances, charter provisions, and rules,
regulations, and requirements of the City's Police, Fire, Code Compliance, Transportation and Public
Works, and Health Departments.
b. Total will not knowingly do or suffer to be done anything on said Property during the term of this
Agreement in violation of the laws, statutes, ordinances, rules, regulations, charter provisions, directives or
other requirements. If the City calls the attention of Total to any such violation on the part of Total or any
person employed by or admitted to said Property by Total, Total will immediately (or otherwise as soon as
reasonably possible) desist from and correct such violation and/or vacate the Traffic Circulation Area.
XVIII.
Third Parties
a. Nothing in this Agreement shall be construed in any manner to create a cause of action for the
benefit of any person not a party to this Agreement, or to create any rights not otherwise existing at law for
the benefit of any person not a party to this Agreement. Nothing in this Agreement shall be deemed to
constitute a waiver of any immunity or affirmative defense that may be asserted by Total or the City as to
any claim of any third party.
XIX.
Force Majeure; Homeland Security
a. If either party is unable, either in whole or part, to fulfill its obligations under this Agreement due
to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; wars; blockades;
insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by
any court, board, department, commission, or agency of the United States or of any state; declaration of a
state of disaster or of emergency by the federal, state, county, or City government in accordance with
applicable law; issuance of an Imminent Threat Alert or Elevated Threat Alert by the United States
Department of Homeland Security or any equivalent alert system that may be instituted by any agency of
the United States; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond
the party's reasonable control (collectively, "Force Majeure Event"), the obligations so affected by such
Force Majeure Event will be suspended only during the continuance of such event. If a Force Majeure
Event occurs, the City may, in its sole discretion, close or postpone the opening of it City -owned and
operated properties and facilities in the interest of public safety and operate them as the City sees fit.
XX.
Miscellaneous
a. The section headings contained herein are solely for convenience in reference and are not intended
to define or limit the scope of any provision of this Agreement.
b. This Agreement shall be governed by and construed in accordance with the laws of the State of
Texas. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas - Fort Worth Division.
Temporary Access Agreement 9 of 13
C. It is understood and agreed that by execution of this Agreement, City does not waive or surrender
any of its governmental powers or immunities.
d. By executing this Agreement, Total's agent affirms that he or she is authorized by Total to execute
this Agreement and that all representations made herein with regard to Total's identity, address and legal
status (corporation, partnership, individual, etc.) are true and correct.
e. This instrument (including all attachments, schedules, and exhibits attached hereto) constitutes the
entire understanding and agreement of the City and Total as to use of the Traffic Circulation Area. 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.
[signature page follows]
Temporary Access Agreement 10 of 13
CITY:
TOTAr
TOTAL E&P USA BARNETT, LLC
By: By:
Dana Burghdoff Name:
Assistant City Manager Title:
Date: .2021 Date: .2021
APPROVAL RECOMMENDED:
By:
Chris Harder
Water Department Director
APPROVED AS TO FORM AND LEGALITY:
By:
Matthew A. Murray
Assistant City Attorney
ATTEST:
By:
Mary Kayser
City Secretary
Form 1295:
Contract Authorization:
M&C:
Date:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract,
including ensuring all performance and reporting requirements.
Leon Wilson, Senior Professional Engineer
Temporary Access Agreement 11 of 13
EXHIBIT A
THE PROPERTY
Temporary Access Agreement 12 of 13
EXHIBIT A
THE PROPERTY
CLEAR FORK LIFT STATION AND FOR
CITY PROJECT NO. 100996
1630 ROGERS ROAD
WILLIAM D. CONNER SURVEY, ABSTRACT NO. 288
Being a 0.961 acre tract of land situated in the William D. Conner Survey, Abstract No. 288, City
of Fort Worth, Tarrant County, Texas, said 0.961 acre tract of land being a portion of an 8.3258
acre tract of land (by deed) and being further described as Tract M 68 deeded to Total E&P USA
Barnett, LLC as recorded in County Clerk's File No. D216266568 of the Deed Records of Tarrant
County, Texas, said 0.961 acre tract of land being more particularly described by metes and bounds
as follows:
BEGINNING at a 5/8 inch iron rod w/cap stamped "Gorrondona & Associates" set in the
northerly line of said 8.3258 acre tract of land, from which a 1/2 inch iron rod found for an angle
point in the northerly line of said 8.3258 acre tract of land bears South 71 degrees 32 minutes 37
seconds West, a distance of 83.03 feet;
THENCE North 71 degrees 32 minutes 37 seconds East, with the northerly line of said 8.3258
acre tract of land, a distance of 217.55 feet to a 1/2 inch iron with cap stamped "Votex
RPLS 4813" found for the most northerly corner of said 8.3258 acre tract of land;
THENCE South 76 degrees 49 minutes 37 seconds East, with the northerly line of said 8.3258
acre tract of land, a distance of 268.80 feet to a 5/8 inch iron rod w/cap stamped
"Gorrondona & Associates" set for corner, from which a 1/2 inch iron with cap stamped
"Votex RPLS 4813" found for the most northerly northeast corner of said 8.3258 acre
tract of land bears South 76 degrees 49 minutes 37 seconds East, a distance of 221.47
feet;
THENCE South 13 degrees 23 minutes 01 seconds West, a distance of 109.23 feet to a 5/8 inch
iron rod w/cap stamped "Gorrondona & Associates" set for corner;
THENCE North 77 degrees 02 minutes 01 seconds West, a distance of 344.36 feet to a 5/8 inch
iron rod w/cap stamped "Gorrondona & Associates" set for corner;
THENCE South 71 degrees 28 minutes 06 seconds West, a distance of 84.16 feet to a point for
corner;
THENCE North 29 degrees 40 minutes 34 seconds West, a distance of 55.40 feet to the POINT
OF BEGINNING and containing 0.961 acres or 41,839 square feet of land, more or
less.
Page 1 of 1
CLEAR FORK LIFT STATION AND FORCE MAIN
CITY PROJECT NO. 100996
PARCEL NO, 1 PAE
1630 ROGERS ROAD
WILLIAM D. CONNER SURVEY, ABSTRACT NO. 288
EXHIBIT "A"
Being a permanent access easement situated in the William D. Conner Survey, Abstract No. 288,
City of Fort Worth, Tarrant County, Texas, said permanent access easement being a portion of a
8.3258 acre tract of land (by deed) and being further described as Tract M 68 deeded to Total E&P
USA Barnett, LLC as recorded in County Clerk's File No. D216266568 of the Deed Records of
Tarrant County, Texas, said permanent access easement being more particularly described by
metes and bound as follows:
BEGINNING at a 1/2 inch iron rod with cap stamped "Votex RPLS 4813" found for the most
westerly north corner of said 8.3258 acre tract of land;
THENCE South 29 degrees 22 minutes 32 seconds East, with the northerly line of said 8.3258
acre tract of land, a distance of 23.31 feet to a 1/2 inch iron rod found for corner;
THENCE South 57 degrees 31 minutes 41 seconds East, with the northerly line of said 8.3258
acre tract of land, a distance of 32.59 feet to a 5/8 inch iron rod with cap stamped
"Gorrondona & Associates" set for corner;
THENCE South 87 degrees 54 minutes 26 seconds East, with the northerly line of said 8.3258
acre tract of land, a distance of 26.23 feet to a 1/2 inch iron rod found for corner;
THENCE North 71 degrees 32 minutes 37 seconds East, with the northerly line of said 8.3258
acre tract of land, a distance of 83.03 feet to a 5/8 inch iron rod with cap stamped
"Gorrondona & Associates" set for the northwest corner of a proposed 0.977 acre tract
of land;
THENCE South 30 degrees 01 minutes 06 seconds East, with the westerly line of said proposed
0.977 acre tract of land, a distance of 55.89 feet to a railroad spike set for the southwest
corner of said proposed 0.977 acre tract of land;
THENCE South 69 degrees 52 minutes 56 seconds West, a distance of 8.46 feet to a point for
comer
THENCE South 12 degrees 21 minutes 50 seconds West, a distance of 32.87 feet to a point for
corner;
THENCE North 77 degrees 37 minutes 21 seconds West, a distance of 118.09 feet to a point for
comer;
Exhibit A Page 1 of 2
THENCE North 65 degrees 29 minutes 59 seconds West, a distance of 56.33 feet to a point for
the beginning of a curve to the right having a radius of 96.87 feet, a central angle of 25
degrees 22 minutes 20 seconds, and whose chord bears North 53 degrees 12 minutes
54 seconds West, a distance of 42.55 feet;
THENCE with said curve to the right an are length of 42.90 feet to a point for corner in the
northwesterly line of said 8.3258 acre tract of land, from which a 1/2 inch iron rod with
cap stamped "Votex RPLS 4813" found for the most westerly corner of said 8.3258
acre tract of land bears South 53 degrees 35 minutes 53 seconds West, a distance of
365.14 feet;
THENCE North 63 degrees 35 minutes 53 seconds East, with the northwesterly Iine of said
8.3258 acre tract of land, a distance of 48.90 feet to the POINT OF BEGINNING and
containing 9,481 square feet or 0.218 acres of land, more or less.
Notes:
(1) A plat of even survey date herewith accompanies this legal description.
(2) All bearings and coordinates are referenced to the Texas Coordinate System,
NAD-83, The North Central Zone 4202, all distances and areas shown are
surface.
Date: January 08, 2020
Curtis Smith �E �F
Registered Professional Land Surveyor
No. 5494
Texas Firm No. 10106900 CURTIS SMITH
V�7
5494
�, S U R' j'_"
Exhibit A Page 2 of 2
ACQUISITION
LOCATION
SUBJECT TRACT &
LOCATION OF ACQUISITION
�a
36y' i
5
FND 1/2"IRON ROD
EXHIBIT "B "
PARCEL No. 1 PAE
TRACT 34
REMAINDER OF
60 ACRES (BY DEED)
UNION PACIFIC RAILROAD COMPANY
VOLUME 13215, PAGE 130
VOLUME 875, PAGE 96 r
D.R.T.C,T. G oNN GR
FND /"ION ROD g
W/CAP STAMPED P
"VOTER RPLS 4813"
1/2"IRON ROD
'50 00
2$a
SET 5/8"IR
W/GAP STAMPED
"GORRONDONA
& ASSOCIATES"
W/CAP STAMPED TRACT Mfi8 -:`.:::::.::::...::::::........::::...... wj
VOTER RPLS 4813" N
8.3258 ACRES (BY DEED) 7T37'21 w
TOTAL E&P USA BARNETT, LLC ? 1$.09'
C.C.F. No. D216266568
D.R.T.C.T.
TABLEUNE
LINE I
BEARING
DISTANCE
L-1
S 29'22 32 E
23.31
L-2
S 57'31 41 E
32.59
L-3
S 87'54 26 E
26.23
L-4
S 30'01 06 E
55.89
L-5
S 69'52 56
8.46
L-6
5 12'2154
32.87
L--7
N 63'35 53 E
48.90
PERMANENT ACCESS
EASEMENT AREA
9,481 SQ. FT. OR
0.218 ACRES
CURVE I RADIU�DELTA ANGLE I CHORD EA G CHORD LENGTH ARC LENGTR
C-1 96.87 25'22 20 N 53' 12 54 42.55 42.90
NOTES:
1. A LEGAL DESCRIPTION OF EVEN DATE ACCOMPANIES THIS PLAT.
2. BEARINGS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NAD 83, 2011
(EPOCH 2O10.00), NORTH CENTRAL ZONE (4202). ALL DISTANCES AND AREAS
SHOWN ARE SURFACE.
FORT WORTH
PROPOSED
0.977 ACRE
TRACT OF LAND
rSEPT
50 25 0 50
SCALE IN FEET
City o f Fort Worth
200 TEXAS STREET • FORT WORTH, TEXAS 76102
CLEAR FORK
LIFT STATION AND FORCE MAIN
PARCEL NO. 1 PAE ICITY PROJ. NO. 100996
PERMANENT ACCESS EASEMENT
OWNER: TOTAL E&P USA BARNETT, LLC
SURVEY: WILLIAM D. CONNER SURVEY, ABSTRACT NO. 288
LOCATION: CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
ACQUISITION AREA: 9,481 SQUARE FEET OR 0.218 ACRES
WHOLE PROPERTY ACREAGE: 8.3258 ACRES (BY DEED)
JOB No. KHA-1815.00 I DRAWN BY: JPH FE: PARCEL 1 PAE.DWG
DATE; JANUARY 08, 2020 1 EXHIBIT B PAGE 1 OF 1 I SCALE: 1" = 50'
GORRONDONA & ASSOCIATES. INC. • 7524 JACK NEWELL BOULEVARD SOUTH FORT WORTH, TX. 76118
��. °F T
:....................... .............
. ........
C RTIS SMITH
............................. .........
�poF5494 : O
S1
S
CURTIS SMITH
REGISTERED PROFESSIONAL LAND SURV
NO. 5494 TEXAS FIRM No. 1010
817-496-1424 FAX 817-496-1768
EXHIBIT B
TRAFFIC CIRCULATION AREA
Temporary Access Agreement 13 of 13
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