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.... _ ,. CITY SECRETARY /L _..., LLB 1 CONTRACT No._-r-_·'-_,_\:1 _
NATURAL GAS PIPELINE LICENSE AGREEMENT
Gateway Park
This NATURAL GAS PIPELINE LICENSE AGREEMENT ("Agreement") is hereby made
and entered into by and between the CITY OF FORT WORTH ("City"), a home rule
municipal corporation organized under the laws of the State of Texas and acting by and through
Susan Alanis , its duly authorized Assistant City Manager, and TEXAS MIDSTREAM GAS
SERVICES, L.L.C. ("Company"), an Oklahoma limited liability company, acting by and
through Dave Johns, Manager, Midstream Property Rights.
The following statements are true and correct and constitute the basis upon which the
City of Fort Worth has executed Agreement.
A. Company wishes to construct a Pipeline for the transportation of Gas through a
public park known as Gateway Park for an approximate total distance of 339.18 feet within a
variable width right of way corridor. Because Company is not a public utility , as that term is
used in the City Charter and City Code , and because Company will not be providing services to
end user Customers in the City, Company is not required to obtain a franchise from the City, but
is required to obtain the City 's consent pursuant to a license agreement that sets forth the terms
and conditions under which Company may use the public park.
B. The City has reviewed Company's request and agrees to grant Company a license
to use a portion of the surface and subsurface of Gateway Park as set out in Exhibit "A" in order
to construct, operate and maintain a pipeline, on the terms and conditions set forth herein , solely
for the transportation of Gas and solely in accordance with the terms and conditions of this
Agreement.
Agreement
1. DEFINITIONS.
Capitalized terms used in this Agreement and not otherwise defined within this
Agreement shall have the following meanings:
Affiliate shall mean any individual, partnership , association, joint stock company, limited
liability company, trust, corporation, or other person or entity who owns or
controls, or is owned or controlled by, or is under common ownership or control
with, the entity in question.
Agreement shall mean the authorization issued to Company hereunder to use a portion of
a public park known as Gateway Park in the location as set out in Exhibit "A" for
(i) the construction, installation, maintenance and repair of Company's Pipeline;
(ii) the use of such Pipeline for the transportation of Gas ; and (iii) any other
directly related uses of the Park, pursuant to and in ace · ·
Agreement. OFFICIAL RECORD
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CITY SECRETARY
FT. WORTH, TX
10-21-11 P03 :38 IN
Company shall mean Texas Midstream Gas Services, L.L.C ., an Oklahoma limited
liability company, only and shall not include any Affiliate or third party.
City shall mean the area within the corporate limits of the City of Fort Worth, Texas and
the governing body of the City of Fort Worth , Texas.
Commission shall mean the Railroad Commission of Texas or other authority succeeding
to the regulatory powers of the Commission .
Customer shall mean any Person located, in whole or in part, within the City.
Director shall mean the Director of PACSD or that individual 's authorized
representative.
Gas shall mean gaseous fuels such as natural gas , artificial gas, synthetic gas , liquefied
natural gas , manufactured gas , or any mixture thereof.
PACSD shall mean the City of Fort Worth Parks and Community Services Department.
Park shall mean only that portion of the dedicated Gateway public park as identified in
Exhibit "A" of this Agreement, attached hereto and hereby made a part of this
Agreement for all purposes.
Person shall mean, without limitation, an individual , a corporation , a limited liability
company, a general or limited partnership, a sole proprietorship, a joint venture, a
business trust or any other form or business entity or association.
Pipeline shall mean that certain eight inch (8") nominal diameter pipeline for an
approximate total distance of 339.18 feet and other facilities approved by the
Director that are installed by Company in the Park in accordance with this
Agreement and pursuant to the rules and regulations of the Railroad Commission
of Texas.
2. GRANT OF RIGHTS.
2.1. General Use of Park for Provision of Gas.
Subject to the terms and conditions set forth in this Agreement and the City
Charter and ordinances, the City hereby grants Company a license to (i) erect, construct,
install and maintain the Pipeline under, along and across the Park and (ii) transport Gas
through the portions of its Pipeline under , along and across the Park as depicted in
Exhibit "A". Company hereby acknowledges and agrees that this Agreement allows only
the transportation of Gas through the Park and does not allow Company to distribute, sell
or otherwise provide Gas to any Customer.
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2.2. Nonexclusive.
This Agreement and all rights granted to Company herein are strictly
nonexclusive. The City reserves the right to enter into and grant other and future licenses
and other authorizations for use of the Park to other Persons and entities in accordance
with applicable law and as the City deems appropriate; provided, however, that as to the
grant of subsequent licenses for use of the Park that is solely within the discretion of the
City, if a dispute arises as to priority of the use of the Park, the City will resolve such
dispute in a manner that does not result in unreasonable interference with Company's
operation of the Pipeline for the purposes provided for herein. This Agreement does not
establish any priority for the use of the Park by Company or by any present or future
licensees or other permit holders. In the event of any dispute as to the priority of use of
the Park, the first priority shall be to the public generally , the second priority to the City
in the performance of its various functions, and thereafter, as between licensees and other
permit holders, as determined by the City in the exercise of its powers, including the
police power and other powers reserved to and conferred on it by the State of Texas.
2.3. Other Permits.
This Agreement does not relieve Company of any obligation to obtain permits,
licenses and other approvals from the City or other regulatory agency necessary for the
construction, installation, maintenance or repair of Company's Pipeline or the
transportation of Gas through such Pipeline.
2.4. Bonds.
Prior to the commencement of any construction work in the Park, that requires a
cut, opening or other excavation, Company shall deliver to the City bonds executed by a
corporate surety authorized to do business in the State of Texas and acceptable to the City
in the proportional amount of the cost of work under the construction contract or
construction project that will be performed in the Park. The bonds shall guarantee (i)
satisfactory compliance by Company with all requirements, terms and conditions of this
Agreement and (ii) full payments to all persons, firms, corporations or other entities with
whom Company has a direct relationship for the performance of such construction,
maintenance or repairs.
If any such construction, maintenance and repair work is undertaken by a
contractor of Company, Company shall also require such contractor to deliver to
Company bonds executed by a corporate surety authorized to do business in the State of
Texas and acceptable to the City in the proportional amount of the cost of work under the
construction contract or construction project that will be performed by the contractor in
the Park. The bonds shall guarantee (i) the faithful performance and completion of all
construction, maintenance or repair work in accordance with the contract between
Company and the contractor and (ii) full payment for all wages for labor and services and
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of all bills for materials , supplies and equipment used in the performance of that contract.
Such bonds shall name both the City and Company as dual obligees .
3. TERM
This Agreement shall become effective on the date as of which both parties have
executed it ("Effective Date") and shall expire at 11 :59 P .M. CT twenty (20) years from the last
date of notarial acknowledgement on this Agreement unless terminated earlier as provided
herein.
4. FEES AND PAYMENTS TO CITY.
4.1. License Use Fee.
On or prior to the Effective Date , Company shall pay the City as compensation
for its use of the Park for the Term of this Agreement the sum of $16 ,026 .26 ("License
Fee"). Company hereby acknowledges and agrees that the amount of this License Fee is
non-refundable and constitutes just and reasonable compensation to the City for
Company's use of the Park.
4.2. Other Payments.
In addition to the License Fee, Company shall pay the City all sums which may be due
for property taxes , license fees , permit fees , or other taxes, charges or fees that the City or
other taxing jurisdiction may from time to time impose on all other similarly situated
entities within the City or taxing jurisdiction. Company shall reimburse the City for
publication of this Agreement as required by the City's Charter.
4.3. Interest.
All sums not paid when due shall bear interest at the rate of ten percent (10%) per
annum or the maximum amount allowed by law, whichever is less, computed monthly. If
such outstanding sums are paid with interest within thirty (30) days following their
respective due dates , Company's failure to pay such sums by their respective due dates
shall not, in and of itself, constitute an Event of Default under Section 9 of this
Agreement.
5. REGULATORY AUTHORITY OF THE CITY.
Company's property and operations hereunder shall be subject to such regulation by the
City as may be reasonably necessary for the protection or benefit of the general public.
Company is obligated to construct, operate and maintain the Pipeline pursuant to the rules and
regulations as adopted and modified by the Texas Railroad Commission and in this connection
Company shall be subject to , be governed by and comply with all applicable federal, state , and
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local laws, including all ordinances, rules and regulations of the City, as same may be adopted
and amended from time to time.
6. USE OF THE PARK.
6.1 Construction Schedule
6.1.1. Pre-Construction Notice and Meeting Requirements. Company shall
notify the PACSD not less than ten (10) business days in advance of the proposed
construction start date (''Notice of Commencement") and shall meet with appropriate
City staff for the purposes of a Pipeline pre-construction meeting not less than five (5)
business days prior to initiating construction. The purpose of the pre-construction
meeting shall be to address issues related to the installation of the Pipeline, including, but
not be limited to: (i) agreeing to the boundaries of any work areas to be used in the Park
for purposes of trenching or for storing equipment and supplies; (ii) agreeing to and
staking any access drives (the width of which shall not exceed twenty (20) feet) and any
turnaround areas to be used for ingress , egress, and turnaround for vehicles;
(iii) identifying trees within the Park (including those trees that are within fifty (50) feet
of any access drive) that are anticipated to be affected by the Pipeline installation and
therefore subject to required tree protection measures under this Agreement; and (iv)
establishing the details for the restoration of those areas of the Park that are disturbed by
or during installation.
6.1.2. Completion of Construction. Except as otherwise specified below,
Construction of the Pipeline shall be completed (i) within one ( 1) year from the date this
Agreement is signed by the City and (ii) within 120 days from the start date identified in
the Notice of Commencement. For purposes of this provision, the term "Construction"
shall include restoration of the Park. The completion deadline will be extended day for
day, for each day that Company's Construction is delayed under Section 20 of this
Agreement. Failure to complete construction in accordance with the schedule
described above shall be deemed an Event of Default and be subject to the terms in
Section 10.1 of this Agreement.
6.1.3. City Construction in Park. Not less than five (5) business days after
receipt of Company's Notice of Commencement, the City shall notify the Company of
City plans that involve construction on the surface of Park that may conflict with
Company's construction schedule. In order to avoid any conflict with proposed
construction by the City, its agents , licensees, or invitees, Company agrees to delay its
construction for a period not to exceed ten (10) business days, and City agrees to
coordinate the inclusion of Company's construction requirements in overlapping areas of
need .
6.1.4. Park Events. Not less than five (5) business days after receipt of the
Company's Notice of Commencement, the City shall notify the Company of planned
events in the Park that may conflict with Company's construction schedule. In order to
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avoid any conflict with such events , Company agrees to schedule its construction to
accommodate such event, and City agrees to coordinate the inclusion of Company 's
construction requirements in overlapping areas of need.
6.2. Compliance with Laws, Ordinances, Rules and Regulations.
The City has the right to control and regulate the use of the Park, public places
and other City-owned property and the spaces above and beneath them. Company shall
comply with all applicable laws , ordinances, rules and regulations , including , but not
limited to City ordinances, rules and policies related to construction permits, construction
bonds , permissible hours of construction, operations during peak traffic hours ,
barricading requirements and any other construction rules or regulations that may be
promulgated from time to time .
6.3. No Undue Burden.
The Pipeline shall not be erected , installed , constructed, repaired , replaced or
maintained in any manner that places an undue burden on the present or future use of the
Park by the City and the public. If the City reasonably determine s that the Pipeline does
place an undue burden on any portion of the Park, Company, at Company 's sole cost and
expense and within a reasonable time period specified by the City , shall modify the
Pipeline or take other actions determined by the City to be in the public interest to
remove or alleviate the burden.
6.4. Minimal Interference.
Company will make all reasonable planning to minimize harm to the Park and
shall comply with conditions as set forth below:
6.4.1. Conformance with Plans. The Pipeline will be constructed in accordance
with the specifications and in the areas of the Park indicated on Exhibit "B". No surface
excavation or tree disturbance shall be allowed in the Park except where specified.
6.4.2 Pipeline Depth. For any installation by boring beneath the Park, the pipe
shall be placed at a minimum depth of eight (8) feet unless otherwise specified in Exhibit
"B". For any open trench installation within the Park, the pipe shall be buried at a
minimum depth of four (4) feet unless otherwise agreed to in Exhibit "B". For purposes
of this provision, the referenced depths shall be measured from the top of the pipe, as
installed, to the surface of the Park. The City shall have the right, but not the obligation,
to have an inspector present to verify the installed depth of the Pipeline .
6.4.3. Work Areas. Company shall specify work areas prior to construction and
shall survey and stake said areas , notating the centerline and boundaries of the work areas
as agreed upon at the pre-construction meeting held in accordance with Section 6 .1.1.
Travel outside of the designated areas shall not be permitted. Any equipment to be stored
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in the work area must be approved by the Director. No equipment may be stored within
the Park at any location other than the designated work areas.
6.4.4. Trenching and Compaction. Any trenching required in connection with
the installation of the Pipeline shall be performed by double-ditching, with the top twelve
inches (12") of soil being removed and stored separately from the balance of the dirt
being removed in making the ditch or trench for installation of the Pipeline. In
backfilling after installation of the Pipeline, the topsoil that was removed first shall be
placed back in the trench only after all remaining dirt has been resituated so as to result in
the topsoil being returned to the top of the ditch. After trenches have been refilled , they
shall be compacted to a minimum 90% Standard Proctor Density (S .S.T.M . D698).
Copies of all density testing shall be provided to a P ACSD agent. Company shall verify
in writing that all trenching, backfilling, and compaction were performed in accordance
with the above requirements.
6.4.5. Ingress and Egress. The Company shall use only those access drives
agreed to and staked during the pre-construction meeting. Any access gates used by
Company shall either remain locked at all times or, when opened for use by Company, be
manned for security purposes. Company temporary access and turn around needs shall be
agreed upon and staked during the pre-construction meeting.
Company is to maintain and restore the utilized access drives to as good as or
better than existed before Company 's construction activity . The width of the travel lane
shall not exceed twenty (20) feet , as outlined on the attached Exhibit "B". PACSD shall
inspect the drive after its construction and prior to its use to ensure compliance with the
plan agreed upon at the pre-construction meeting held in accordance with Section 6.1.1.
6.4.6. Equipment. The area defined as a temporary workspace for
equipment, storage of pipe and as a route of ingress and egress for vehicles shall be
approved at the pre-construction meeting as contemplated in Section 6.1.1. Equipment to
be stored on the Park must be cleared in advance with the Director.
6.4.7. Equipment Travel. All equipment shall remain within the license area of
the Park. Travel outside of such designated areas shall not be permitted . All access travel
ways shall be fenced in with orange vinyl fencing. Such fencing shall remain in place at
all times during the construction and restoration period . Pursuant to the terms of this
Agreement, upon completion of construction, any damage from Company activity to
cable fences and the Park surface shall be repaired or replaced to as good or better
condition than existed prior to Company construction activity in the Park, provided,
however, Company shall immediately notify City of any damage during construction to
utilities used to service the Park. Upon notification, PACSD shall determine the method
of repair, and Company shall immediately repair and restore the disturbed area to as good
or better condition than existed prior to the Company's construction activity in the Park.
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6.4.8. Tracer Wire. The Company shall have the right to lay tracer (tracking)
wire on the surface of the Park to track the location of the pipe during installation.
6.4.9. Temporary Fencing. The perimeter boundaries of all bore pit areas,
travel ways , temporary workspace and any storage areas are to be fenced with orange
vinyl fencing , which shall remain in place until such time as (i) the site has been restored
by Company as provided in this Agreement and (ii) such restoration has been inspected
and accepted by the Director.
6.4.10. Vegetation Requirements. At the pre-construction meeting , Director
will identify trees that are anticipated to be affected by the Pipeline installation and
therefore are subject to protective measures as outlined herein, including , but not limited
to, any trees that are within fifty feet (50') of any access drive to be utilized by Company.
Prior to commencing any construction, Company will provide still photography or video
media showing the pre-construction condition of all identified trees . Before beginning
construction, Company will place orange mesh fencing around the critical root zone of
each identified tree . Once the tree protection fencing has been installed, Company shall
schedule a field inspection with P ACSD to verify the location and installation of the
fencing. Company shall ensure the fencing remains in place throughout construction and
will take other reasonable measures to safeguard the identified trees. If any tree within
the Park is damaged in connection with operations performed by or on behalf of
Company , Company shall undertake remediation efforts, including paying of remediation
costs , in accordance with Section 6.5 .
To minimize erosion and harm to grass or other ground cover plantings during the
Pipeline installation, Company shall provide ground cover for all disturbed surface areas.
Ground cover must be approved by PACSD and may include a combination of straw,
seeding, sod , or other materials. Following Pipeline completion, Company will replant,
reseed and water any area disturbed by the construction of the Pipeline as many times as
necessary until a stand of grass is in place which is comparable to that which was
originally in place, before the disturbance. The grass shall have an established root
system which shall be approved and accepted by the Director. Restoration of surface
areas disturbed shall be seeded and maintained according to the specifications in Exhibit
"C"; Company shall stockpile any and all excavated soil from the Pipeline construction
for use in surface restoration. Importing of outside soil shall not be allowed.
6.4.11. Surface Monitoring for Release of Fluids. During periods of active
boring , Company shall ensure that drilling mud pressures are continuously monitored and
that the entire length of the drill bore is visually inspected at least once daily to check for
any signs of drilling mud or other fluid flowing up to the ground surface. If drilling mud
or other fluid is detected on the Park surface, Company shall ensure that the Director is
notified immediately of the release. Company shall coordinate with the Director on a
plan of action to address the fluid release and shall be allowed access to the Park for
purposes of containment. At all times during boring operations, Company will have hard
copies of the Material Safety Data Sheets and the appropriate storm drain grid maps and
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storm drain sheets on site at each drill location. Company shall ensure that sufficient
City-approved materials are d eli v ered to the site within twelve (12) hours of initial fluid
detection to protect against drill mud or other fluids from entering the City's sanitary
sewer or stormwater drainage systems. To determine the extent of any contamination,
Company will ensure that testing is performed in and around the area of the release as
required by the Director.
6.5. Damage to Trees During Construction, Maintenance or Repair.
In the event of any damage to trees during the construction, maintenance or repair of the
Pipeline Company shall comply with the following:
6.5.1 The City Forester shall have the right to inspect any trees located on the
Park for damage by Company and if applicable may inspect trees for slight, moderate or
severe damage as described below.
6 .5.1.1. Slight Damage:
Slight damage shall be defined as damage, in the opinion of the City Forester, that
may heal , examples include but are not limited to scaring of the trunk into the
cambial layer W' to 2" in width but less than 1/3 trunk circumference or breaking
of limbs less than 2" in diameter or limbs less than 1/3 trunk caliper whichever is
less. Slight damage to tree(s) shall be assessed at a rate of: $100 .00 for each
instance of slight damage to tree(s).
6.5.1.2 . Moderate Damage:
Moderate damage shall be defined as damage, in the opinion of the City Forester,
that contributes to the poor health and reduced longevity of the tree , examples
include but are not limited to scaring of the trunk into the cambial layer greater
than 2" but less than 1/3 the trunk circumference or breaking of limbs more than
2" in diameter but less than 1/3 trunk caliper. Moderate damages shall be
calculated at a rate of 1/z the assessed value of the tree per each instance of
damage.
6.5.1.3. Severe Damage:
Severe damage shall be defined as damage, in the opinion of the City Forester,
that shall include but is not limited to scaring of the trunk to the cambial layer
greater than 1/3 the trunk circumference, uprooting or causing a tree to lean,
damage to a scaffolding branch or branch greater than 1/3 of trunk caliper or
removal of a tree . Branches shall be measured at the point of attachment or at the
lateral to which the branch would be pruned back to according to ANSI standards.
Trees caliper shall be measured according to accepted industry standards. Trees
greater than 6" in caliper shall be measured using diameter at breast height
(DBH). Severe damage or removal of trees is subject to a penalty of $200.00 per
diameter inch of trees removed or damaged for trees less than 30" in caliper,
$400.00 per diameter inch of trees 30" caliper or greater.
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6.5.2. Company shall make payment for any such damages and must plant
replacement trees for severely damaged trees at a location to be determined by PACSD.
Replacement shall be made on caliper inch per caliper inch basis with a minimum size of
replacement tree of 2" in caliper for trees damaged or removed less than 30" DBH and 2"
per inch on trees 30" DBH or greater. Company shall be responsible for the planting
watering , mulching and maintenance of replacement trees for a period of not less than 2
years . Replacement trees will be planted during the optimal planting season as directed
by the City Forester. Any tree that does not survive the 2-year establishment period shall
be compensated for by the contractor to P ACSD at a rate of $200 per caliper inch.
6.5.3. In addition to damages assessed by PACSD , trees removed shall also be
subject to the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance.
6.6. Emergency Procedures.
6.6.1. For purposes of this Section, a public emergency shall be any condition
which, in the opinion of the City officials specified below, poses an immediate threat to
life , health or property and is caused by any natural or man-made disaster, including , but
not limited to, storms, floods, fires, accidents , explosion, water main breaks and
hazardous materials spills. In the event of a public emergency, the City shall have the
right to take whatever action is deemed appropriate by the City Manager, Mayor, Police
Chief or Fire Chief, or their authorized representatives , including, but not limited to,
action that may result in damage to the Pipeline, and Company hereby (i) releases the
City, its officers, agents , servants, employees and subcontractors from liability or
responsibility for any Damages, as defined in this Agreement, that may occur to the
Pipeline or that Company may otherwise incur as a result of such a response, and (ii)
agrees that Company, at Company's sole cost and expense, shall be responsible for the
repair, relocation or reconstruction of all or any of its Pipeline that is affected by such
action of the City .
In responding to a public emergency, the City agrees to comply with all local, state and
federal laws, including any requirements to notify the Texas One Call System, to the
extent that they apply at the time and under the circumstances. In addition, if the City
takes any action that it believes will affect the Pipeline, the City will notify Company as
soon as practicable so that Company may advise and work with the City with respect to
such action.
6.6.2. The Company shall maintain written emergency response plans pursuant
to 49 C.F.R. § 192.615.
6.6.3. In the event of an emergency that directly involves that portion of the
Pipeline located in the Park and necessitates immediate emergency response work or
repairs, Company may initiate the emergency response work or repairs or take any action
required under the circumstances provided that Company notifies the City as promptly as
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possible. After the emergency has passed, Company shall apply for and obtain any
applicable federal , state and local permits , as may be adopted and amended from time to
time for the emergency work and otherwise fully comply with the requirements of this
Agreement.
6.7. Surface Repairs Due to Installation or Other Company Activity.
Following any construction activity by or on behalf of the Company that affects
the surface of the Park (including construction activity related to initial installation,
operation, maintenance, or removal of the Pipeline), Company, at its sole cost and
expense, and in a manner approved by the City, shall promptly restore any portion of the
Park, Public Rights of Way , or other City-owned property that are in any way disturbed
or damaged by the construction activity to a condition that is at least as good as the one in
which such property was found immediately prior to the construction activity. Unless
otherwise specified in this Agreement or by the City, Company shall diligently
commence such restoration within thirty (30) calendar days following the final date of
construction activity by or on behalf of the Company. All materials for restoration of the
Park shall be inspected and approved by the Director prior to placement. Any soil and
grass used in connection with the restoration shall be accompanied by supporting
documentation certifying that the quality meets or exceeds specifications required
pursuant to the specifications attached in Exhibit "C". All planting material shall be
inspected by the Director prior to installation. Company will water each affected area as
many times as necessary until a stand of grass is established comparable to that which
was originally in place before the construction activity . Surface areas to be restored shall
be determined by the Director. In the event of a gas , drill mud , or other spill , Company
shall immediately notify the City and coordinate with the Director the removal of any and
all contaminated soil from the property in accordance with all applicable state and federal
laws.
6.8. "As-Built" Plans and Maps.
Company, at Company's sole cost and expense, shall provide the City with as-
built plans of all portions of the Pipeline located in the City and the City's extraterritorial
jurisdiction and maps showing such Pipeline within ninety (90) calendar days following
the completion of such Pipeline. Company shall supply the textual documentation of
such as-built plans and maps in computer format as requested in writing by the City and
shall otherwise fully cooperate with the City in ensuring that the Pipeline is accurately
reflected in the City's mapping system.
6.9. Specifications of the Pipeline.
The Company shall erect, install, construct, repair, replace and maintain the
Pipeline and pursuant to the rules and regulations promulgated by the U.S. Department of
Transportation, Office of Pipeline Safety, as set out in the Code of Federal Regulations
Title 49 Part 192 and as adopted and modified by the Texas Railroad Commission. The
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i
Pipeline shall not exceed a nominal diameterof eight (8") inches and a right of way width
of no more than twenty (20') feet throughout the entire length of the Park as depicted on
Exhibit "A".
6.10. Marking of Pipeline.
The Pipeline shall be marked pursuant to the rules and regulations promulgated by
the U.S. Department of Transportation, Office of Pipeline Safety, as set out in the Code
of Federal Regulations Title 49 Part 192 and as adopted and modified by the Texas
Railroad Commission, with signage that shall show conspicuously Company's name and
a toll-free telephone number of Company that a person may call for assistance.
6.11. Surface Excavation and Additional Fees.
The City shall have the right to coordinate all excavation work in the Park in a
manner that is consistent with and convenient for the implementation of the City's
program for public dedicated open space. In order to preserve the integrity of the Park,
Company shall not cut, excavate or otherwise breach or damage the surface of the Park
except as permitted under the terms of this Agreement.
6.12. Relocation of Pipeline.
Within forty-five (45) calendar days following a written request by the City,
Company, at Company's sole cost and expense, shall protect, support, disconnect or
relocate to another portion of the Park all or any portion of its Pipeline due to street or
other public excavation, construction, repair, grading, re-grading or traffic conditions; the
installation of sewers, drains, water pipes or municipally-owned facilities of any kind; the
vacation, construction or relocation of streets or any other type of structure or
improvement of a public agency; any public work; or any other type of improvement
necessary, in the City's sole discretion, for the public health, safety or welfare. If
Company reasonably requires more than forty-five (45) days to comply with the City's
written request, it shall notify the PACSD in writing and the City will work in good faith
with Company to negotiate a workable time frame.
6.13. Removal of Pipeline.
Upon the revocation, termination or expiration without extension or renewal of
this Agreement, Company's right to use the Park under this Agreement shall cease and
Company shall immediately discontinue the transportation of Gas in or through the Park.
Within six (6) months following such revocation, termination or expiration and if the City
requests, Company, at Company's sole cost and expense, shall cap and leave the Pipeline
in place in accordance with applicable laws and regulations. If Company has not capped
the Pipeline within six ( 6) months following revocation, termination or expiration of this
Agreement, the City may deem any portion of the Pipeline remaining in the Park
abandoned and, at the City's sole option, (i) take possession of and title to such property
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•
or (ii) take any and all legal action necessary to compel Company to remove such
Pipeline ; provided, however, that Company may not abandon its facilities or discontinue
its services within the City without the approval of the Commission or successor agency
or any other regulatory authority with such jurisdiction.
Within six (6) months following revocation, termination or expiration of this
Agreement and in accordance with Section 10 of this Agreement, Company shall also
restore any property, public or private, that is disturbed or damaged by removal (or, if
consented to by the City, capping and leaving in place) of the Pipeline . If Company has
not restored all such property within this time, the City, at the City's sole option, may
perform or have performed any necessary restoration work, in which case Company shall
immediately reimburse the City for any and all costs incurred in performing or having
performed such restoration work.
7. LIABILITY AND INDEMNIFICATION.
7.1. Liability of Company.
Company shall be liable and responsible for any and all damages, losses,
liabilities (joint or several), payments, obligations , penalties , claims, litigation, demands,
defenses , judgments, lawsuits , proceedings, costs, disbursements or expenses (including,
without limitation, fees , disbursements and reasonable expenses of attorneys , accountants
and other professional advisors and of expert witnesses and costs of investigation and
preparation) of any kind or nature whatsoever ( collectively "Damages"), which may
arise out of or be in any way connected with (i) the construction, installation, operation,
maintenance or condition of the Pipeline or any related facilities or appurtenances ; (ii) the
transportation of Gas through the Pipeline ; (iii) any claim or lien arising out of work,
labor, materials or supplies provided or supplied to Company, its contractors or
subcontractors; or (iv) Company's failure to comply with any federal , state or local law,
ordinance, rule or regulation, except to the extent directly caused by the negligent or
grossly negligent act(s) or omission(s) or intentional misconduct of the City.
COMPANY HEREBY ASSUMES ALL LIABILITY AND RESPONSIBILITY
FOR PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY OF
ANY KIND, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND
OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN
CONNECTION WITH ITS USE OF THE PARK UNDER THIS AGREEMENT OR
WITH THE USE, MAINTENANCE, OCCUPANCY, EXISTENCE OR LOCATION
OF THE PIPELINE, EXCEPT TO THE EXTENT CAUSED SOLELY BY THE
NEGLIGENCE OR INTENTIONAL MISCONDUCT OF THE CITY.
7.2 Indemnification.
COMPANY, AT COMPANY'S SOLE COST AND EXPENSE, SHALL
INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, BOARDS,
COMMISSIONS, AGENTS, EMPLOYEES AND VOLUNTEERS
N atural Gas Pipelin e Li ce ns e Ag ree ment Gateway Park
Page 13 of 27
•
("INDEMNITEES',, FROM AND AGAINST ANY AND ALL DAMAGES,
INCLUDING LOST REVENUES, WHICH MAY ARISE OUT OF OR BE IN ANY
WAY CONNECTED WITH (I) THE CONSTRUCTION, INSTALLATION,
OPERATION, MAINTENANCE OR CONDITION OF THE PIPELINE OR ANY
RELATED FACILITIES OR APPURTENANCES; (II) THE TRANSPORTATION
OF GAS THROUGH THE PIPELINE; (III) ANY CLAIM OR LIEN ARISING OUT
OF WORK, LABOR, MATERIALS OR SUPPLIES PROVIDED OR SUPPLIED TO
COMPANY, ITS CONTRACTORS OR SUBCONTRACTORS; OR (IV) COMPANY'S
FAILURE TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW,
ORDINANCE, RULE OR REGULATION, EXCEPT TO THE EXTENT DIRECTLY
CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S) OR INTENTIONAL
MISCONDUCT OF THE CITY.
7.3 Assumption of Risk and Environmental Remediation.
COMPANY HEREBY REPRESENTS TO THE CITY THAT (i) COMPANY HAS
FULLY INSPECTED THE PARK; (ii) COMPANY IS SATISFIED WITH THE
CONDITION OF THE PARK; AND (iii) COMPANY HAS BEEN FULLY ADVISED
OF ITS OWN RIGHTS WITHOUT RELIANCE UPON ANY REPRESENTATION
MADE BY THE CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES,
CONTRACTORS, SUBCONTRACTORS, COMMISSIONS, BOARDS OR
VOLUNTEERS. COMPANY HEREBY UNDERTAKES AND ASSUMES, FOR AND
ON BEHALF OF COMPANY, ITS OFFICERS, AGENTS, CONTRACTORS,
SUBCONTRACTORS AND EMPLOYEES, ALL RISK OF DANGEROUS
CONDITIONS, IF ANY, ON OR ABOUT THE PARK.
ALTHOUGH, TO THE BEST OF THE CITY'S KNOWLEDGE, THE PARK
COMPLIES WITH ALL APPLICABLE FEDERAL, STATE AND LOCAL
ENVIRONMENTAL LAWS AND REGULATIONS (COLLECTIVELY
"ENVIRONMENTAL LAWS',, THE CITY DOES NOT WARRANT SUCH.
COMPANY HEREBY COVENANTS AND AGREES THAT COMPANY, AT ITS SOLE
COST AND EXPENSE, SHALL BE FULLY RESPONSIBLE FOR THE VIOLATION
OF ANY ENVIRONMENTAL LAWS CAUSED, IN WHOLE OR IN PART, BY
COMPANY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS,
SUBCONTRACTORS OR INVITEES, AND ANY REMEDIATION THAT MAY BE
REQUIRED AS A RESULT OF SUCH VIOLATION, EXCEPT TO THE EXTENT
CAUSED BY THE CITY.
7.4. Defense of Indemnitees.
In the event any action, lawsuit or other proceeding is brought against any
Indemnitee by reason of any matter for which the Indemnitees are indemnified hereunder,
the City shall give Company prompt written notice of the making of any claim or
commencement of any such action , lawsuit or other proceeding, and Company, at
Company's sole cost and expense, shall resist and defend the same with reasonable
Natural Gas Pipeline License Agree ment Gateway Park
P ag e 14 of27
participation by the City and with legal counsel selected by Company and specifically
approved by the City. In such an event, Company shall not admit liability in any matter
on behalf of any Indemnitee without the advance written consent of the City .
8. INSURANCE.
Company shall procure and maintain at all times, in full force and effect, a policy or
policies of insurance to provide coverage as specified herein, naming the City as an
additional insured and covering all public risks related to the use, occupancy, condition,
maintenance , existence or location of the Park and the construction, installation, operation,
maintenance or condition of the Pipeline , including the transportation of Gas through the
Pipeline. The required insurance can be met by a combination of self-insurance , primary
and excess policies.
8.1. Primary Liability Insurance Coverage.
• Commercial General Liability:
$1 ,000 ,000 per occurrence, including coverage for the following: (i) Premises
Liability; (ii) independent contractors; (iii) products/completed operations ; (iv)
personal injury ; (v) contractual liability; (vi) explosion, collapse and
underground property damage.
• Property Damage Liability:
$10 ,000 ,000 per occurrence
• Automobile Liability:
$1,000 ,000 per accident,
including, but not limited to, all owned, leased, hired or non-owned motor
vehicles used in conjunction with the rights granted under this Agreement
• Worker's Compensation:
As required by law; and , Employer's Liability as follows:
$1,000 ,000 per accident.
8.2. Revisions to Required Coverage.
At the reasonable recommendation of the City's Risk Manager, the City may at any
time revise insurance coverage requirements and limits required by this Agreement.
Company agrees that within thirty (30) days of receipt of written notice from the City,
Company will implement all such revisions requested by the City. The policy or policies of
insurance shall be endorsed to provide that no material changes in coverage , including, but
N atural Gas Pip elin e Li cense Agre e ment Gateway Park
Page 15 of27
not limited to, cancellation, termination, non-renewal or amendment, shall be made without
thirty (30) days' prior written notice to the City.
8.3. Underwriters and Certificates.
Company shall procure and maintain its insurance with underwriters authorized to
do business in the State of Texas and who are acceptable to the City in terms of solvency
and financial strength. Within thirty (30) days following adoption of this Agreement by the
City Council, Company shall furnish the City with certificates of insurance signed by the
respective companies as proof that it has obtained the types and amounts of insurance
coverage required herein. In addition, Company shall, on demand, provide the City with
evidence that it has maintained such coverage in full force and effect.
8.4. Deductibles.
Deductible or self-insured retention limits on any line of coverage required herein
shall not exceed $1,000,000 in the annual aggregate unless the limit per occurrence or per
line of coverage, or aggregate is otherwise approved by the City.
8.5. No Limitation of Liability.
The insurance requirements set forth in this Section 8 and any recovery by the City
of any sum by reason of any insurance policy required under this Agreement shall in no way
be construed or affected to limit or in any way affect Company's liability to the City or other
persons as provided by this Agreement or law.
9. DEFAULTS.
The occurrence at any time during the term of this Agreement of one or more of the
following events shall constitute an "Event of Default" under this Agreement:
9.1. Failure to Pay License Fee.
An Event of Default shall occur if Company fails to pay any License Fee on or
before the respective due date.
9.2. Breach.
An Event of Default shall occur if Company materially breaches or violates any
of the terms, covenants, representations or warranties set forth in this Agreement or fails
to perform any obligation required by this Agreement.
Natural Gas Pipeline License Agreement Gateway Park
Page 16 of27
9.3. Bankruptcy, Insolvency or Receivership.
An Event of Default shall occur if Company (i) files a voluntary petition in
bankruptcy; (ii) is adjudicated insolvent; (iii) files any petition or fails to contest any
petition filed against it seeking any reorganization , arrangement, composition,
readjustment, liquidation, dissolution or similar relief for itself under any laws relating to
bankruptcy, insolvency or other relief for debtors; (iv) seeks , consents to or acquiesces in
the appointment of any trustee , receiver, master, custodian or liquidator of Company, any
of Company's property or any revenues, issues, earnings or profits thereof; (v) makes an
assignment for the benefit of creditors; or (vi) fails to pay Company's debts generally as
they become due.
9.4. Violations of the Law.
An Event of Default shall occur if Company violates any existing or future federal ,
state , or local laws, ordinances , rules and regulations of the City.
9.5 Failure to Complete Construction.
An Event of Default shall occur if Company fails to complete construction of the
Pipeline in accordance with Section 6.1.2.
10. UNCURED DEFAULTS AND REMEDIES.
10.1. Notice of Default and Opportunity to Cure.
If an Event of Default occurs on account of Company 's failure to pay the License
Fee in accordance with Section 9.1, such Event of Default shall be deemed an Uncured
Default and the City shall have the right to terminate this Agreement immediately upon
provision of written notice to Company. If an Event of Default occurs for a reason other
than for failure to pay the License Fee , the City shall provide Company with written
notice and shall give Company the opportunity to cure such Event of Default. For an
Event of Default which can be cured by the immediate payment of money to the City,
Company shall have thirty (30) days from the date it receives written notice from the City
to cure the Event of Default. For any other Event of Default, Company shall have sixty
(60) days from the date it receives written notice from the City to cure the Event of
Default. If any Event of Default is not cured within the time period specified herein, such
Event of Default shall , without further notice from the City , become an "Uncured
Default" and the City immediately may exercise the remedies provided in Section 10 .2.
Natural Ga s Pipelin e Licen se Agreement Gateway Park
Page 17 of27
10.2. Remedies for Uncured Defaults.
Upon the occurrence of an Uncured Default, the City shall be entitled to ex ercise ,
at the same time or at different times, any of the following remedies , all of which shall be
cumulative of and without limitation to any other rights or remedies the City may have:
10.2.1. Termination of Agreement.
Upon the occurrence of an Uncured Default, the City may terminate this
Agreement. Upon such termination , Company shall forfeit all rights granted to it
under this Agreement and, except as to Company's unperformed obligations and
existing liabilities as of the date of termination, this Agreement shall
automatically be deemed null and void and shall have no further force or effect.
Company shall remain obligated to pay and the City shall retain the right to
receive License Fees and any other payments due up to the date of termination.
Company shall remove the Pipeline from and restore the Park as and when
requested by the City. The City's right to terminate this Agreement under this
Section 10.2.1 does not and shall not be construed to constitute any kind of
limitation on the City's right to terminate this Agreement for other reasons as
provided by and in accordance with this Agreement; provided, however, that
Company may not abandon the Pipeline without the approval of the Commission
or successor agency or other regulatory authority with jurisdiction, if such action
without such approval is prohibited at the time by applicable federal or state law
or regulation .
10.2.2. Legal Action against Company.
Upon the occurrence of an Uncured Default, the City may commence
against Company an action at law for monetary damages or in equity, for
injunctive relief or specific performance of any of the provisions of this
Agreement which, as a matter of equity, are specifically enforceable.
11. PROVISION OF INFORMATION.
11.1. Filings with the Commission.
Company shall provide copies to the City of all documents which Company files
with or sends to the Commission concerning or related to its transportation of Gas
through or other operations in the City , including, but not limited to, filings related to (i)
tariffs; (ii) rules , regulations and policies requested, under consideration or approved by
the Commission; and (iii) applications and any supporting pre-filed testimony and
exhibits filed by Company or third parties on behalf of Company , on the same date as
such filings are made with the Commission. In addition, Company shall provide the City
upon request with copies of records , documents and other filings that Company is
required to maintain or supply to the Commission under any applicable state or federal
N atura l Gas Pipelin e License Agr ee me nt Gateway Park
Page 18 of27
law, rule or regulation concerning or related to its transportation of Gas through or other
operations in the City.
11.2. Lawsuits.
Company shall provide the City with copies of all pleadings in all lawsuits to
which Company is a party and that pertain to the granting of this Agreement and/or the
transportation of Gas through the City within thirty (30) day s of Company 's receipt of
same .
12. COMPANY AS INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Company shall operate as an independent
contractor as to all rights and privileges granted by this Agreement, and not as an agent,
representative or employee of the City. Company shall have the exclusive right to control the
details of its business and other operations necessary or appurtenant to the transportation of Gas in
accordance with the terms and conditions of this Agreement, and shall be solely responsible for the
acts and omissions of its officers, agents, servants, employees, contractors and subcontractors .
Company acknowledges that the doctrine of respondeat s uperior shall not apply as between the
City and Company, its officers, agents , employ ees, contractors and subcontractors. Company
further agrees that nothing herein shall be construed as the creation of a partnership or joint
enterprise between the City and Company.
13. ASSIGNMENT PROHIBITED.
Company may not assign or otherwise transfer any of its rights or obligations under this
Agreement unless specifically authorized in writing by the City, which authorization shall not be
unreasonably withheld; provided, however, that Company may make such an assignment of its
rights to an affiliated company without the consent of City, provided, that upon such assignment,
Company shall notify City within sixty (60) days of said assignment. An 'affiliated company'
shall mean any parent, subsidiary or sister company or other legal entity that controls, is controlled
by, or is under common control with Company. For purposes of this clause, 'control' means direct
or indirect ownership of fifty percent (50%) or more of the voting rights of the subject entity.
Notwithstanding such an assignment to an affiliated company, Company shall remain liable to City
for any failure to perform hereunder by the affiliated assignee, and this provision shall thereafter be
applicable to Company and such affiliated assignee.
14. NOTICES.
Notices required pursuant to the prov1s1ons of this Agreement shall be conclusively
determined to have been delivered when (i) hand-delivered to the other party, its agents , employees,
servants or representatives , or (ii) received by the other party by United States Mail, postage
prepaid, return receipt requested, addressed as follows:
N atural Ga s Pipeline L icense Agree ment Gateway P ark
Page 19 of27
To THE CITY:
City of Fort Worth
Parks and Community Services Director
1000 Throckmorton
Fort Worth, TX 76102
with a copy to:
City of Fort Worth
Department of Law
Attn: Attorney for PACSD
1000 Throckmorton
Fort Worth, TX 76102
15. NON-DISCRIMINATION COVENANT.
To COMPANY:
Texas Midstream Gas Services , L.L.C .
Mr. Dave Johns
Manager, Property Rights
100 Energy Way
Fort Worth, Texas 76102
with a copy to:
Texas Midstream Gas Services , L.L.C.
C T Corporation System
350 North St. Paul Street, Suite 2900
Dallas, TX 75201
Company shall not discriminate against any person on the basis of race , color, national
origin, religion, handicap, sex , sexual orientation or familial status in the receipt of benefits from
Company's business operations, in any opportunities for employment with Company or in the
construction or installation of the Pipeline.
16. NO WAIVER.
The failure of the City to insist upon the performance of any term or provision of this
Agreement or to exercise any rights that the City may have , either under this Agreement or the law,
shall not constitute a waiver of the City's right to insist upon appropriate performance or to assert
any such right on any future occasion.
17. GOVERNING LAW AND VENUE.
This Agreement shall be construed pursuant to and in accordance with the laws of the
United States of America and the State of Texas. If any action, whether real or asserted, at law or in
equity, arise out of the terms of this Agreement, Company's transportation of Gas or Company's use
of the Park, venue for such action shall lie exclusively in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas , Fort Worth Division.
Natural Ga s Pipeline Licen se Ag reem ent Gateway Park
Page 20 of27
18. CONFERENCES.
At the request of either the City or Company, the City and Company shall meet at
reasonable times and upon reasonable notice to discuss any aspect of this Agreement, Company's
Pipeline, Company's operations in the City, Company's transportation of Gas or Company's use of
the Park.
19. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable by a final
order entered by a court of competent jurisdiction, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired. For purposes of this Agreement,
a court order shall be final only to the extent that all available legal rights and remedies pertaining to
such order, including, without limitation all available appeals, have been exhausted. In such an
event, the City and Company agree that they shall amend or have amended this Agreement to
comply with such final order entered by a court of competent jurisdiction.
20. FORCE MAJEURE.
In the event Company's performance of any of the terms, conditions or obligations required
by this Agreement is prevented by a cause or event that is not within Company's reasonable control,
Company's non-performance shall be deemed excused for the period of such inability. Causes or
events that are not within the Company's control shall include, but not be limited to, acts of God,
strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions, natural disasters ,
City Construction as defined by Section 6.1.4, and Park Events as defined by Section 6 .1.5.
21. HEADINGS NOT CONTROLLING.
Headings and titles, other than those captions in Section 1, that are used in this Agreement
are for reference purposes only and shall not be deemed a part of this Agreement.
22. ENTIRETY OF AGREEMENT.
This Agreement, including the schedule of exhibits attached hereto and any documents
incorporated herein by reference , contains the entire understanding and agreement between the City
and Company as to the matters contained herein. Any prior or contemporaneous oral or written
agreement is hereby declared null and void to the extent in conflict with the terms and conditions of
this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties
and approved by the City Council of the City.
Natural Gas Pipeline License Agreement Gateway Park
Page 21 of27
.-
EXECUTED as of the later date below:
CITY OF FORT WORTH:
By:~~
Assistant City Manager
Date : _ _._/ t)_(,__1--~ +-+{ l~I ___ _
By: ___________ _
A ssistant City
M&C : L~l1l-
°':IC)·\\
Attested by:
Secretary
\0 ·'2...S · \ \
Natura l Gas Pip elin e L ic ense Agree ment Gateway P ark
Page 22 of 27
TEXAS MIDSTREAM GAS SERVICES, L.L.C.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
§
COUNTYOFTARRANT §
i (j'Y'-/1\ This instrument was acknowledged before me on this _Jl_ day of U C)-, 2011 , by
Susan Alanis , Assistant City Manager of the City of Fort Worth, Tex as, a municipal corporation,
on behalf of the City of Fort Worth, Tex as.
UNDA M. HIRRLINGER
M'( coMM1SS;ON EXPIRES
f®(U atY 2, 2014
Natural Gas Pip elin e License Agre e ment Gateway Park
Page 23 of27
My commission expires: d::: J d-) I Y
My commission number: } d 41 4 Y 7Lf-t
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
ACKNOWLEDGMENT
THE STATE OF TEXAS §
§
COUNTYOFTARRANT §
Tlf £k This instrument was acknowledged before me on this~ day of 71l/36(L,,
2011, by Dave Johns, Manager, Property Rights, for Texas Midstream Gas Services, L.L.C. an
Oklahoma limited liability company, on behalf of said company
\\lllt,,, $1'~~~.'~~%''~ LILLIAN ANN BALLINGER r':" ·."1 Notary Public, State of Texas
;.,.\ ).,§ My Commission Expires
~,1,';;;,;,\.~~s-Moy 20 2012
''"""''' '
Natural Gas Pipeline License Agreement Gateway Park
Page 24 of27
Not Public, State of Texas
My commission expires://i,. t;/:2.!J, c:lcl~
My commission number: ______ _
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
EXHIBIT "A"
PLATTED LEGAL DESCRIPTION
Company may only use approximately 339.18 linear feet crossing the Park as depicted below:
Natural Gas Pipeline License Agreement Gateway Park
Page 25 of27
TARRANT COUNTY, TEXAS
ROBERT CROSS SURVEY, A-304 & E .M. DAGGETT SURVEY, A-431
100' 0 100' 200 '
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GRAPHIC SCALE IN FEET
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LAMB-STAR ENGINEERING , L.P. 1-D:_A_T..:..E: _______ o-'6/:._2_2:_/--j10 CITY OF FORT WORTH 6
1 5700 W. PLANO PARKWA Y #1000, PLANO, TX 75093 SHEET: 1 OF 1 2"-__ _.:::Cl:.:.T.:...Y __:O:.:_F__:F__:O.:..:R.:...T __ ll\-=.O:.:.;RT:.:.'H::..•...:T.ccil!IRAN'-'-"'-'--T -"C-'-O.:..:UN-'T>'.-'-, _TE_XA~S---v
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TARRANT COUNT Y, TEXAS
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50 0 50 100
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LINE TABLE
LINE BEARING DISTANCE
L1 S 53"53'03" E 153.40'
L2 N 53"53"02" W 118.94'
L3 N 57"25'59" W 80.46'
L4 S 75•47·30· W 93.88'
LS S 57"25"59" E 89.52'
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26.67' TOTAL LIN EAR FEET: 339.18'
LICENSE AR EA: 0.156 ACRES -6,784 Sq.Ft.
TEMPORARY WORKSPAC E N0.1: 1.734 ACRES -75,536 Sq.Ft.
TEMPORARY WORKSPACE N0.2 : 0 .124 A CRES -5,383 Sq .Ft .
ACCESS : 0.196 ACRES -8,540 Sq.Ft.
BEACH STREET
(APPARENT RIGHT-OF-WAY)
( THHl-066 .00 )
POINT OF
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TITLE INFORMATION PROV IDED B Y TEXAS .,
MIDSTREAM GAS SERV ICES, L.L.C. REVISED:05/03 /11 E
BEARINGS, DISTANCES, & AREA S BASED ON TE XAS PROJECT: THOMAS TO HICKMAN ~
STATE P L ANE GR ID COORDINATE SYST EM NAO 83. DRAWN BY: RLF t e x 5 M1osTREAM .,
NORT H CENTRAL ZONE. DERIVED FROM GPS CHECKED BY : TLJ G A s s E R V I C E s g
o....:.O.ccB..:cS.c::E-'R_V_A_T--'IO'--N--'S'--.---------------<1-s-E_G_M-EN_T_ID-: ______ 5_6_3-33-9-i--------,-LJ=cE=N=s=E -AR=EA=-=EXHJ.=B=-=1r=--------1 ~
8" NATURAL GAS PIPELINE ., LAMB-STAR ENGINEERING . L.P . DATE : 06/22/10 CITY OF FORT WORTH 6
5700 W. PL ANO PARKWAY #1000 , PLANO. TX 75093 SHEET: 2 OF 12 CI TY OF FORT 1'0RTH, TARRANT COUNTY, TEXAS I
214-440 -3600 L.:'.:'.:.:..'..:._ _____ .....2..~~------".::..:..:_~~-'::-":~~=~~~:..,__::=r-----:--r
SCALE: AS SHOWN DWG. FILE : TX-TA RR-THHl-067 .00 REV .7 :.'.
TARRANT COUNTY, TEXA S
ROBERT CROSS SURVEY , A-304 & E .M . DAGGETT SURVEY , A-43 1
EXHIBIT "A"
PROPERTY DESCRIPTION FOR LICENSE AREA
OUT OF BLOCK 1 GATEWAY PARK ADDITION
CALLED 509.005 ACRES
LICENSE AREA DESCRIPTION
BEING a tract of land situated in the Robert Cross SuNey , Abstract No . 304 and the E.M .
Daggett SuNey , Abstract No . 431 , in the City of Fort Worth , Tarrant County , Texas and
being a portion of Block 1, Gateway Park Addition , recorded in Cabinet A , Slide 3-4 of the
Plat Records of Tarrant County , Texas , and being more particularly described as follows:
COMMENCING at the southwest corner of said Block 1, Gateway Park Addition and being
in the north right-of-way line of Interstate Highway No. 30 , recorded in Volume 2374 , Page
294 and Volume 2374 , Page 299 of the Deed Records of Tarrant County , Texas ;
THENCE , S 76 °33'05" E , along the north right-of-way line of said Interstate Highway No .
30 and the common south line of said Block 1, Gateway Park Addition , a distance of 26.67
feet to the POINT OF BEGINNING ;
THENCE , over and across said Block 1, Gateway Park Addition , as follows:
N 76 °47'30" E , a distance of 142 .16 feet to a point for corner;
S 57 °25'59" E, a distance of 89 .52 feet to a point for corner;
S 53 °53'02" E, a d istance of 153.40 feet to a point for corner in the north
right-of-way line of said Interstate Highway No. 30 and the common south line
of said Block 1 of Gateway Park Addition , said point being N 84 °28'05" W , a
distance of 397 .71 feet from a 1/2 inch capped iron rod found;
THENCE , N 84 °28'05" W , along said common line , a distance of 39.31 feet to a point for
corner, said point be ing S 84 °28'05" E, a distance of 19 .02 feet from a 1/2 inch iron rod
found ;
THENCE , over and across said Block 1, Gateway Park Addition , as follows :
N 53 °53'02" W , a distance of 118 .94 feet to a point for corner ;
N 57°25'59" W , a distance of 80.46 feet to a point for corner;
S 76 °47'30 " W , a distance of 93 .88 feet to a point for corner in the north
right-of-way line of said Interstate Highway No . 30 and the common south line
of said Block 1, Gateway Park Addition ;
THENCE, N 76 °33'05" W, along said common line , a distance of 44.58 feet to the POINT
OF BEGINNING and containing 0 .1 56 acres or 6 ,784 square feet of land , more or less .
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BEARINGS, DISTANCES , & AREAS BASED ON TEXAS o PROJECT: THOMAS TO HICKMAN
DRAWN BY: RLF STATE PLANE GRID COO RDI N ATE SYSTEM NAD 83. t e x )l 5 MIDSTREAM ~
NORTH CENTRAL ZONE, DER IVED FROM GPS t, G A s s E R V I C E s ti
CHECKED BY: TLJ OBSERVATIONS. ., i-:....::....::._:_ __ __:___::_ ____________ k~:;:;--;;:;----------:~-:::1------U,,;C:;.;'ENms'E:;,..-;AR"''EA;-D,;;;'ES<ircm'RJP°'T:,;:;10N.;-------1 ~
LAMB-STAR ENGIN EERING, L.P.
5 700 W. P LANO PARKWAY #1000, PLANO, TX 75093
214-440-3600
SEGMENT ID:
DATE:
SHEET:
SCALE:
563339
06/22/10
3 OF 12
8 " NATURAL GAS PIPEUNE 1
CITY OF FORT WORTH u
1 CITY OF FORT WORTH, TARRANT COUNTY, TEXAS
AS SHOWN DWG. FILE: TX -TARR-THHl-067.00 REV.7 ::c
TARRANT COUNTY, TEXAS
ROBERT CROSS SURVEY , A-304 & E .M . DAGGETT SURVEY , A-431
100 0 100 200
~-I GRAPHIC SCALE IN FEET
PLEASE REFER TO BAR SCAL E. DRAWING
MAY HAVE BEEN REDUCED OR ENLARGED .
iJ-30' UTILl1Y EASEMENT ) I
/ 1 : ~'"~M"f' ,_. ,\ \
PRTCT / I I I 20' UT ILl1Y EASEMENT \
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'. \ I I 'l ', %~~%,::\ TARRANT COUNTY WATER CONTROL & I . ,,·,
IMPROVEMENT DISTRICT NUMBER ONE I I
VOLUME 7189. PAGE 1843 I ', ', t ~~
\
GATE WAY PARK ADDITION L--
CABINET A, SLIDE 3-4
( THHl-066.04 ) I I \ \ CITY OF~~FO:RT WORTH
GATEWAY ARKADOmON )
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CABINET A, SLIDE 3-4
BEARINGS, DISTANCES, & AREAS BASED ON TEXAS
STA TE PLANE GRID COORDINATE S YSTEM NAO 83
NORTH CENTRAL ZONE, DERIVED FROM GPS ,
P.R.T.C .T.
BEACH STREET
(APPARENT RIGHT-OF-WAY)
( THHl--066 .00 )
PROJECT: THOMAS TO HICKMAN
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OBSERVATIONS. CHECKED BY: TLJ
SEGMENT 10: 563339
LAMB-STAR ENG INEERING, L .P.
5700 W. PLANO PARKWAY #1000, PLANO, TX 75093
214-440-3600
DATE:
SHEET:
SCALE:.
8 " NATURAL GAS PIPEUNE .,
CITY OF FORT WORTH 6
CITY OF FORT WORTH, TARRANT COUNTY, TEXAS I
06 /22/10
4 OF 12
AS SHOWN DWG. FILE: TX-TARR THHI 067.00 j REV.7 ~
TARRANT COUNTY, TEXAS
ROBERT CROSS SURVEY, A-304 & E.M. DAGGETT SURVEY , A-431
50 0 50 100
•• I I--I GRAPHIC SCALE IN FEET
PLEASE REFER TO BAR SCALE. DRAWING
MAY H AVE BEEN REDUCED OR ENLARGED.
LINE TABLE
LINE BEARING DISTANCE
L1 N 57'25'59" W 89.52'
L2 N 76 '47'30" E 864.51'
L3 S 57'25'59" E 244.27'
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15' UTILITY EASEMENT
TOTAL LINEAR FEET: 339.18' CABINET A, SLIDE 3 -4 BEACH STREET PR~C~ ·
LI CENSE AREA: 0 .156 ACRES -6 ,784 Sq.Ft. (APPARENTRIGITT-OF-WAY)
TEMPORARY WORKSPACE N0.1: 1. 734 A CRES -75,536 Sq.Ft. ( THHl-066 .oo )
TEMPORARY WORKSPACE N0.2: 0.124 A CRES -5383 Sq.Ft.
POINT OF
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TITLE INFORMATION PROVIDED B Y TE XAS
MIDSTREAM GAS SERVICES, L.L.C.
REVIS ED: 05/03/11 E
BEARINGS, DISTANCES, & AREAS BASED ON TEXAS 0
(D STATE PLANE GRID COORDINATE SYSTEM NAD 83. ._P_R_OJ_E_CT_, __ T_H_O_M_AS_TO_H_IC_KM_A-.JN t e x )l 5 MIDSTREAM
NORTH CENTRAL ZONE, DERIVED FROM GPS DRAWN B Y: RLF o G A s s E R v , c E s ~
OBSERVATIONS. CHECKED BY: TLJ 0
1--------------------l-=-::-:--:-::-:::--:::----------J------==-=cc=c-===----------.l :g_ SEGMENT ID: 563339 TEMPORARY WORKSPA CE EXHIBIT o
LAMB-STAR ENGINEERING, L.P . "-----------__J 8" NATURAL GAS PIPEUNE ~
5700 W. PLA NO PARKWAY #1000, PLANO, TX 75093 1--D_A_TE_: _______ o_5:.._/1_5:.._/1-'-Jo CI TY OF FORT WORTH G
214-440-3600 SHEET: 5 OF 12 r-___ CI_TY_OF_F_O_RT_WO;_;;_R.c:..:TH='--"T:='.AR=RA=N.:..:.T__:C:.:.O.::.:UN.:..:.TY.=..,,__:T::..::'EXA::::::;.S __ V I
SCALE: AS SHOWN DWG. FILE: TX-TARR-THHl -067.00 REV.7 ~
TARRANT COUN T Y, TEXA S
ROBERT CROSS SURVEY, A-304 & E .M . DAGGETT SURVEY , A-431
EXHIBIT "A"
PROPERTY DESCRIPTION FOR TEMPORARY WORKSPACE N0.1
OUT OF BLOCK 1, GATEWAY PARK ADDITION
CALLED 509.05 ACRES
TEMPORARY WORKSPACE N0.1 DESCRIPTION
BEING a tract of land situated in the Robert Cross Survey , Abstract No . 304 and the E.M.
Daggett Survey , Abstract No. 431 , in the City of Fort Worth , Tarrant County , Texas and
being a portion of Block 1, Gateway Park Addition , recorded in Cabinet A , Slide 3-4 of the
Plat Records of Tarrant County , Texas , and being more particularly described as follows :
COMMENCING at the southwest corner of said Block 1, Gateway Park Addition and
being in the north right-of-way line of Interstate Highway No . 30 , recorded in Volume
2374 , Page 294 and Volume 2374 , Page 299 of the Deed Records of Tarrant County ,
Texas ;
THENCE , S 76 °33'05 " E , along the north right-of-way line of sa id Interstate Highway No.
30 and the common south line of said Block 1, Gateway Park Addition , a d istance of
26 .67 feet to a point for corner;
THENCE , over and across said Block 1, Gateway Park Addition as follows :
N 76 °47'30" E, a distance of 142 .16 feet to the POINT OF BEGINNING ;
N 13 ° 12'30" W , a distance of 27 . 50 feet to a point for corner ;
N 76 °47'30" E, a distance of 864 .51 feet to a point for corner ;
S 13 °12 '30 " E, a d istance of 75 .00 feet to a point for corne r;
S 76 °47'30" W , a distance of 748 .50 feet to a point for corner;
S 57 °25 '59 " E, a distance of 244 .27 feet to a point in the north right-of-way line
of said Interstate Highway No . 30 , and the common south line of said Block 1,
Gateway Park Addition , said point being N 84 °28'05" W , a distance of 266 .81 from
a 1/2 inch capped iron rod found ;
THENCE , N 84 °28'05 " W , along said common line , a distance of 130 .90 feet to a point for
corner , said point being S 84 °28'05" E , a distance of 58.33 feet from a 1/2 inch iron rod
found ;
THENCE , over and across said Block 1, Gateway Park Addition as follows :
N 53 °53'02" W , a distance of 153.40 feet to a point for corner;
N 57°25'59" W , a distance of 89.52 to the POINT OF BEGINNING and containing
1.734 acres or 75 ,536 squa re feet of land , more or less .
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BEARINGS, DISTANCES, & AREAS BASED ON TEXAS ~P-RO-JE-C-T:--T-HO-M-AS_TO_H-IC-KM_A_N~-----h,,C----------'-_;_-o
STATE PLANE GRID COORDINATE SYSTEM NAD 83, t CD
NORTH CENTRAL ZONE. DERIVED FROM GPS DRAWN BY RLF e x 5 M1osTREAM ~
OBSERVATIONS. CHECKED BY: TLJ G A s s E R V I C E s g
1-----------------r::S:::-:EG::-:M-::-:EN~T-::ID=--: ------=s-=-=63:-::-33:::-:-9i--------;;T;;;;'EAl-;;;PO:;;--;:RAR=Y -;;lf':;;--;:OR""1<s:;;;-PA;--;:;CE;;-D=E=s c='R1=pr.=10=N ----I g
LAMB-STAR ENGINEERING, L.P. DATE: 06/22/10 C~~;Arg1jt1'/cfi.PPJ~;}H 6
5700 W. PLANO PARKWAY #1000, PLANO, TX 75093 f-S-HE-E-T,-------'-6 -0 -'-F--l1~~--c_1TY_OF_F_OR_T_W:_OR_TH-'-'--'-'TAR_llA=-:NT_;C:..:..O;:_;_UN..:...:TYc.:...., ..:..::TEXA=.:.:;...s --VI
214-440-3600 >------------''
SCALE: AS SHOWN DWG . FILE: TX-TARR-THHl-067.00 REV.7 :.'.
TARRANT COUNTY, TEXAS
ROBERT CROSS SURVEY, A-304
100' 0 100' 200 ' l"'w·-I
GRAPHIC SCALE IN FEET
PLEASE REFER TO BAR SCALE. DRAWING
MAY HAVE BEEN REDU CED OR ENLARGED.
' I
30' UTILITY EASEMENT )
/
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~
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PRTCT ~ / / :J L-:::: :::: /Y 1 \ -------1 ~o· UTILITYY /
--------------EASEMENT \ -------CABINET A,
-<==-I I S~l~/\IT .4/ / \ II / r-:--'C°;o· UTILITY EASEMENT / /
/ CABINET A, SLIDE 3-4
P.R.T.C.T. I ;(::
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CABINET A, SLID E 3-4
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TARRANT COU NTY WATER CONTROL &
IMPROVEMENT DISTR ICT NUMBER ONE
VOlU ME 7169, PAGE 1843
\
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00 BEARINGS, DISTANCES , & AR E AS BASED ON TE XAS
STATE PLANE GR ID COORDI NATE SYST EM NAO 83
NORTH CE NTRAL ZON E, DERIVED FROM GPS ,
PR OJECT:
DRAWN BY:
THOMA S TO HICKMAN
RLF tex s MIDSTREAM
GAS SERVICES
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OBSERVATIONS. CHECKED BY: TLJ
SEG MENT ID: 563339 i--------------------t;;::;;-;;:;::;-:;:-~------.:~~-------==:-:-:=--:-:--:-:cc-------1 ~ OVERALL SITE MAP g
8 " NATURAL GAS PIPEUNE "' LAMB -ST AR ENGINEERING , L.P.
5700 W. PLANO PARKWAY #1000, PLANO , TX 75093
2 14-440-3600
DATE :
SHEET:
SCALE:
06/22/10
7 OF 12
AS SH OWN
CI TY OF FORT WORTH G
CITY OF FORT 1'0RTH, TARRANT COUNTY, TEXAS I
DWG. FILE: TX-TARR-THH l -067.00 REV.7 :,::
50 0 ~-50 100
I
GRAPHIC SCALE IN FEET
PLEASE REFER TO BAR SCALE. DRAWING
MA Y HAVE BEEN REDUCED OR ENLARGED.
LINE TABLE
LINE BEA RIN G DISTANCE
L1 S 76'33'05" E 26.67'
L2 N 76'47'30" E 142.16'
L3 N 13'12'30" W 27.50'
L4 N 76'47'30" E 51.24'
LS N 18'06'44" W 225.63'
L6 S 89'24'16" W 80.45'
L7 N 50·45'37" W 23.80'
LB N 88'55'32" E 125.05'
L9 S 18'06'44" E 235.82'
L10 S 76 '47'30" W 30.11'
TARRANT COUNTY, TEXAS
ROBERT CROSS SURVEY , A-304
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30' UTILITY EASEMENT
CABINET A, SLIDE 3-4
p R T.c.T \ \ \ \c1TY OF FORT woR)H ~
TARRANT COUNTY WATER CONTROL &
IMPROVEMENT DISTRICT NUMBER ONE
VOLUME 7189, PAGE: 18-43
GATE WAY PARK ADDITION
CABIN ET A, SLIDE 3-4
( THHl-066.04 )
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TOTA L LINEAR FEET: 339.18' CABINET A, SLIDE 3 -4 BEACH STREET
LICENSE AREA : 0.156 ACRES -6,784 P.R.T.C.T. Sq. Ft. (APPARENT RIGHT-OF-WAY)
TEMPORARY WORKSPACE N0.1: 1.734 ACRE S -75,536 Sq.Ft. ( THHl-0!6 .oo )
TEMPORARY WORKSPACE N0.2: 0.124 ACRE S -5383 Sq.Ft.
ACCESS: 0.196 ACRES -8,540 Sq.Ft.
TITLE INFORMATION PROVIDED BY TEXAS
MIDSTREAM GAS SERVICES, L.L.C.
BEARINGS , DISTANCES , & AREAS BASED ON TEXAS PROJECT: THOMAS TO HICKMAN
POINT OF
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OBSERVATIONS . G A s s E R V I C E s ~ DRAWN BY: RLF
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CHECKED BY: TLJ
ACCESS EXHIBIT o
LAMB -STA R ENGINEERING, L.P. 8" NATURAL GAS PIPELINE iG
5700 W. PLANO PARKWAY #1000, PLANO, TX 75093 CITY OF FORT WORTH G
2 1 4-440-3600 f...:'.:..:::.::_~ ______ __'.:'._..::'..'._.'...'.j------"'Cic:..TY'--".O:'....F..c.F.:c,OR'.'..'.T~1'0,:::R'.!:TH~,_:T.~,t.'..'.:RRA=N.._T~C~OU.':'.:N~TY.!..c•'-.!.!.TE~XA~S;..-_...yl
SEGMENT ID: 563339
DATE: 06/22/10
SHEET: 8 OF 12
DWG. FILE TX-TARR-THHl-067.00 REV.7 ~ SCALE: AS SHOWN
TARRANT COUNT Y, TEXA S
ROBERT CROSS SURVEY , A-304
EXHIBIT "A"
PROPERTY DESCRIPTION FOR ACCESS OUT OF BLOCK 1,
GATEWAY PARK ADDITION CALLED 509.05 ACRES
ACCESS DESCRIPTION
BEING a tract of land situated in the Robert Cross Survey, Abstract No. 304 , in the City
of Fort Worth, Tarrant County, Texas and being a portion of Block 1, Gateway Park
Addition , recorded in Cabinet A, Slide 3-4 of the Plat Records of Tarrant County, Texas,
and being more particularly described as follows:
COMMENCING at the southwest corner of said Block 1, Gateway Park Addition and
being in the north right-of-way line of Interstate Highway No . 30, recorded in Volume
2374, Page 294 and Volume 2374, Page 299 of the Deed Records of Tarrant County,
Texas, from which a 1/2" iron rod found bears S 76 °33'05" E, a distance of 182 .51 feet
and S 63°22'05" E, a distance of 143.35 feet;
THENCE, S 76 °33'05" E, along the north right-of-way line of said Interstate Highway No.
30 and the common south line of said Block 1, Gateway Park Addition, a distance of
26 .67 feet to a point for corner;
THENCE, over and across said Blocks 1, Gateway Park Addition as follows :
N 76 °47'30" E, a distance of 142.16 feet to a point for corner;
N 13°12'30" W , a distance of 27 .50 feet to a point for corner;
N 76 °47'30" E, a distance of 51.24 feet to the POINT OF BEGINNING ;
N 18°06'44" W, a distance of 225.63 feet to a point for corner;
S 89 °24'16" W, a distance of 80.45 feet to a point for corner;
N 50 °45'37" W, a distance of 23.80 to point in the south line of Block 3 of said
Gateway Park Addition and the common north line of said Block 1, Gateway Park
Addition ;
THENCE, N 88°55'32" W , along said common line, a distance of 125.05 feet to a point for
corner;
THENCE , over and across said Blocks 1, Gateway Park Addition as follows:
S 18°06'44" E, a distance of 235 .82 feet to a point for corner;
S 76 °47'30" W, a distance of 30.11 feet to the POINT OF BEGINNING and
containing 0.196 acres or 8 ,540 square feet of land, more or less.
TIMOTHY L. J
RE GISTERED Pt<'NJa~sn
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REVISED: 05/03/11 E
BEARINGS , DISTANCES, & AREAS BASED ON TEXAS PROJECT: THOMAS TO HI CKMAN 0
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DRAWN BY: RLF STATE PLANE GR ID COORDINATE SYSTEM NAD 83. t e x >1 5 MIDSTREAM
NORTH CE NTRAL ZONE, DER IVED FROM GPS O G A s s e R v , c e s ~
OBSERVA TIONS. g CHECKED BY: TLJ
SEGMENT ID: 563339
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LAMB-STAR ENGINEERING, L.P.
5 700 W. PLANO PARKWAY #1000, PLANO , TX 75093
214-440 -3600
DATE :
SHEET:
SCALE:
06 /22/10
9 OF 1
AS SHOWN
8 " NATURA L GAS PIPELINE "'
CI TY OF FORT WORTH 6
I CITY OF FORT WORTH, TARRA NT COUNTY, TEXA S
DWG. FI LE TX-TARR-THHl-067.00 REV.7 ~
TA RRA NT CO UNTY, TEXAS
ROBERT CROSS SURVEY , A-304
100' 0 100' 200'
~--I I GRAPHIC SCALE IN FEET
PLEASE REFER TO BAR SCALE. DRAWING
MAY HAVE BEEN REDUCED OR ENLARGED .
IJ-30' UTILITY EASEMENT ') I \ I I CABINET A, SLIDE 3-4
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TARRANT COUNTY WATER CONTROL & I \\\ \\ t,~ I __:
IMPROVEMENT DI STRICT NUMBER ONE i--\
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CABINET A, SLIDE 3-4 \ \ GATEWAY ARKADDITION )
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STATE PLANE GRID COORDINATE SYSTEM NAD 83. t e x i 5 M1osTREAM .,
NORTH CENTRAL ZONE, DERIVED FROM GPS O o A s s e R v I c e s g DRAWN BY: RLF
OBSERVATIONS. o.
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CHECKED BY: TLJ
LAMB-STAR ENGINEERING, LP.
5700 W. PLANO PARKWAY #1000, PLANO, TX 75093
214-440-3600
SEGMENT ID:
DATE:
SHEET:
SCALE:
563339
8 " NATURAL GA S PIPEUNE 1
CITY OF FORT WORTH o
CITY OF FORT WORTH, TARRANT COUNTY. TEXA S I
06/22/10
10 OF 12
AS SHOWN DWG. FILE: TX-TARR-THHl -067.00 REV.7 ::.::
.-
50 0 50 10 0
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--I GRAPHIC SCALE IN FEET
PLEASE REFER TO BAR SCALE. DRAWING
MAY HAVE BEEN REDUCED OR ENLARGED .
TARRANT C O UNTY, TEXAS
ROBERT CROSS SURVEY , A-304
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CABINET A. SLIDE 3-4 I I I
P.R.T.c.T. \ \c1TY OF FORT WORTH 1
TARRANT COUNTY WATER CON TR OL &
IMPROVEMEN T DISTRICT NUMBER ONE
VOLU ME 7189, PAGE 184J
GA TEWAY PARK ADDITION
CABINET A, SLIDE J-4
( THHl-066.04 )
I I \ I GATE AY PARK ADDITION / /
1 \ CAB NET A, SLIDE 3-4 I
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15' UTILITY EASEMENT ""' 102.22"
CAB INET A, SLIDE 3-4
TOTAL LINEAR FEET: 339.18' PRT CT POINT OF OINT OF
LI CE N SE AREA: 0.156 ACRES -6,784 Sq .Ft. BEGINNING p
TEMPORARY WORKSPACE N0.1: 1.734 A CRES -7 5,5 3 6 Sq.Ft. BEACH STREET COMMENCING
TEMPORARY WORK SPACE NO. 2: 0.124 ACRES -5383 Sq.Ft.
(APPARENT RIGHT-OF-WAY)
( THHl-066.00 )
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ACCESS: 0.196 ACRES -8,540 Sq.F t.
TITLE INFORMATION PROVI DED BY TEXAS
MIDSTREAM GAS SERVICES. L.L.C. REVISED: 05/03/11 E
0 BEARINGS, DISTANCES, & AREAS BASED ON TEXAS PROJECT: THOMAS TO HICKMAN
STATE PLANE GRID COORD INATE SYSTEM NAD 83. DRAWN BY, RLF t e x 5 M1osTREAM .,
NORTH CENTRAL ZONE, DERIVED FROM GPS G A s s E RV I C E s ~
CHECKED BY: TLJ "' OBSERVA TIONS . >-------------i----------=c-=-==c-=-===--------1 g. 1-----------------------SEGMENT ID : 563339 TEMPORARY WORKSPACE EXHIBIT iG
rn
8" NA TURAL GAS PIPEUNE
LAMB-STAR EN GI NE ERING, L .P. ,_D_A_T_E_: _______ 06_/_2_2_/--,10 CITY OF FORT WORTH 0
1 5700 W. PLAN O PARKWAY #10 00, PLANO, TX 75093 SHEET: 11 OF 12>---~C::;ITY~O:::F_F:_:O::.:Rc:._T_::IYc::O:::RT:_::'H:,_,_::.:TA:.::R:::.:RA:::N.:.:T_c:.;CO=-=U.:..cN.:.cTY'-'-,--'T.='.E.'XA~S---Y
214-440-3600 SCALE: AS SHOWN DWG. FILE: TX-TARR-THHl-067.00 REV.7 ~
TA RRANT COUNT Y, TEXAS
• ROBERT CROSS SURVEY , A-304
EXHIBIT "A"
PROPERTY DESCRIPTION FOR TEMPORARY WORKSPACE N0.2
OUT OF BLOCK 1, GATEWAY PARK ADDITION CALLED 509.05
ACRES
TEMPORARY WORKSPACE N0.2 DESCRIPTION
BEING a tract of land situated in the Robert Cross Survey , Abstract No . 304 , in the City
of Fort Worth , Tarrant County , Texas and being a portion of Block 1, Gateway Park
Addition , recorded in Cabinet A , Slide 3-4 of the Plat Records of Tarrant County , Texas ,
and being more particularly described as follows :
COMMENCING at the southwest corner of said Block 1, Gateway Park Addition and
being in the north right-of-way line of Interstate Highway No. 30 , recorded in Volume
2374 , Page 294 and Volume 2374 , Page 299 of the Deed Records of Tarrant County ,
Texas, from which a 1/2" iron rod found bears S 76 °33'05" E, a d istance of 182.51 feet
and S 63 °22'05" E, a distance of 143.35 feet;
THENCE , N 00 °33 '41" W , along the west line of said Block 1, Gateway Park Addition ,
and the east right-of-way line of Beach Street (an apparent right-of-way), a distance of
102 .22 feet to the POINT OF BEGINNING ;
THENCE , N 00 °33'41" W , along said common line , a distance of 35.82 feet to a point for
corner;
THENCE , over and across said Blocks 1, Gateway Park Add ition as follows:
S 57°25'59" E , a distance of 194.66 feet to a point for corner;
S 13 ° 12'30" E , a distance of 7 .17 feet to a point for corner ;
S 76 °47'30" W, a distance of 34.89 feet to a point for corner;
N 57°25'59" W, a distance of 155 .89 feet to t he POINT OF BEGINNING and
containing 0.124 acres or 5,383 square feet of land , more or less.
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Q)
REVISED : 05/03/11 E
PROJECT: THOMAS TO HICKMAN 0
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DRAWN BY: RLF STATE PLANE GRID COORDINATE SYSTEM NAD 83. t e x 5 M1osTREAM
NORTH CENTRAL ZONE, DER IVED FROM GPS G A s s E R V I C E s i
CHECKED BY: TLJ
SEGMENT ID: 563339
1 0 ,::.:B:.:::S::ER:..:.__V:..:.__A~Tl_::_O~NS:.:_. ____________ r:::=-;::-:;::-;:-::::-----------:~::i-----;;;;,;;;;;;.;-;.;-;;--=;;=;,;;;--==;;;,.;-----l "'o
I-TEMPORARY WORKS PA CE DESCRIPTION 1/)
LAMB-STAR ENGINEERING, L.P.
5 7 00 W. PLANO PARKWAY #1000 , PLANO , TX 75093
2 14-440-3600
DATE:
SHEET:
SCALE:
06/22/10
12 OF 12
AS SHOWN
8 " NA T URAL GAS PIPEUNE 1
CITY OF FORT WORTH o
1 CI TY OF FORT WORTH, TARRANT COUNTY, TEXAS
DWG. FILE: TX-TARR-THHl-067.00 REV. 7 :;,;_
EXHIBIT "B"
ALIGNMENT SHEET(S)
Open trench and boring areas
ADDITIONAL SPECIFICATIONS APPLICABLE TO GATEWAY PARK
Trail Access -At no time shall any pedestrian or bicycle trail running in or through Gateway
Park be closed to the public. To the extent Company 's designated access drives or turnaround
areas cross or come in contact with the trail, Company shall station flagmen to control vehicular
and trail-user traffic when Company vehicles are present at or near any intersection of the trail
and any access drive or turnaround area.
Trail Restoration -Following completion of the Pipeline installation, Company shall replace all
sidewalks damaged by Company's use of the Park. Sidewalks shall be constructed to meet all
federal and state guidelines for accessibility for the mobility impaired and be constructed in
accordance with the concrete guidelines included in Exhibit "C."
Company shall notify the City and afford the City the opportunity to inspect the sidewalk work at
three points during restoration -
(i) Following initial layout and staking of any replacement sidewalk
(ii) Following completion of the forms for pouring the concrete for replacement sidewalk
(iii) Following final completion of the replacement sidewalk, including any required
painting or marking such as curb cuts
Prior to sidewalk construction, Company shall ensure that the City has been provided with copies
of documentation showing all necessary certification and insurance is in place.
Company shall ensure that the City is provided with documentation certifying the batch mix of
all materials used in constructing sidewalks. In addition, Company shall ensure that City is
provided with a warranty for each new sidewalk, insuring one hundred percent (100%) of the
cost of any repair, maintenance, or replacement of the sidewalk for a period of two (2) years
from the date of the final inspection and acceptance.
Natural Gas Pipeline Licen se Agre ement Gateway P ark
Page 26 of27
COUNTY
&STATE
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1:>-l<Ul.S F&:.•/16-11 ... SOIIO
COUNTY,
IIUO<STIE:T
TlCIXlllt.O•
TEXAS
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(ISSUEDFOR81)J
DAI( __ 6/IJ/t 1 ___ _
NOT£·
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THE INSTAUATICN. M.L NAMES AN.O NUMOCRS ~ LOCAtEO
IN TXDOT SPECS.
TXDOT CCNTACT NUMBERS.:
TAJfflANT DISTRICT QAAA HUOT
TARRANT ()STRICT .lt.lMY VMJCHN
817-J70-6585
817-307-2617
•,,
DWG_ FILE. TX:~-THHI -ALIGN -130 REV! I
COUNTY
& STATE
NOTC:
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IT lS TH( CO'HRACTOR'S OR INSTALLER'S RESPONSl9UTY TO
CALL THE TXOOT INSPCCTOR ~8 HOURS PRIOR TO ST ARnNC
Tll[ INSTALLATION. ALL N A.M ES A.ND NUMEIERS ARE LOCATED
IN TXDOT SP(CS.
TXDOT CONT ... CT NW,iBERS:
TARRANT DISTRICT Q.AAA ELLIOT 817-J70-6585
TARRNH DISTRICT .IMM Y VAUGHN 8 17-307-2617
nnc Nl"<"'-' .. llO'< ""°"'OCO OY 1[0.S MDSJR[N,j GAS
SCRIIICCS, LLC.
TARRANT
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PROPOSED
TRI MTY RIVER
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TEXAS
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(ISSUEOFORBIO)
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EXHIBIT "C"
PARK RESTORATION SPECIFICATIONS
Natural Gas Pipeline License Agreement Gateway Park
Page 27 of27
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SECTION 02300 -EARTHWORK
PART 1 -GENERAL
1.01 SCOPE: Work in this section includes furnishing all labor, materials, equipment, and services
required to construct, shape, and finish earthwork to the required lines, grades, and cross
sections as specified herein and on the plans.
l.02 RELATED WORK SPECIFIED ELSEWHERE
A. Section 02200 -Site Preparation.
B. Grading Plan: Refer to plan sheets.
l .03 METHOD OF PAYMENT: Earthwork is a necessary and incidental part of the work . The
total cost will be included in the Bid Proposal. Payment will be made on a Lump Sum basis
only .
PART 2 -PRODUCTS
2.0 l UNCLASSIFIED EXCAVATION: Unclassified excavation shall consist of all excavation,
unless separately designated, within the limits of the work. Unclassified excavation includes
all material encountered regardless of its nature or the manner in w hich it is to be excavated.
2.02
2 .03
UNCLASSIFIED FILL
A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native
materials removed in unclassified excavation, or similar imported materials, shall be
used insofar as practicable as unclassified fill . Properly deposited, conditioned, and
compacted fill is hereinafter referred to as "earth embankment."
B . Rock: Minor quantities of rock not greater than four inches in greatest dimension are
permissible in fill materials used to construct earth embankment. Minor quantities of
rock of greater dimensions may be placed in the deeper fills in accordance with the
State Department of Highways and Public Transportation requirements for construction
of rock embankments, provided such placement of rock is not immediately adjacent to
structures or piers . Also, rock may be placed in the portions of embankments outside
the limits of th e completed graded width where the size of the rock prohibits their
incorporation in the normal embankment layers .
TOPSOIL -On -Site Topsoil : Topsoil shall consist of an average depth of six in ches of nati ve
surface soil left in place after the ground cover of herbaceous vegetation and other
objectionable matter has been cleared by "blading," as specified in Section 02200 , "Site
Preparation." Topsoil may be greater or less than the upper six inches (6") in depth.
EARTHWORK
02300
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2.04 IMPORTED FILL
2.05
2.06
A. Imported fill materials shall be used for the construction of earth embanlanent in the
event that; (1) the volume of unclassified excavation is less than the volume of fill
required for earth embankment and/or; (2) the condition of materials removed in
unclassified excavation makes them unsuitable for use in the construction of earth
embankment.
B. The Developer/Contractor shall haul and place imported fill obtained from off-site
sources as necessary to construct the embankment and various other details of the
construction plans. All costs related to such imported fill will be included in the
contract price, and no additional or separate payment for imported fill will be due the
Contractor.
C . A sample of the proposed imported fill must be provided by the Developer/Contractor
and be approved by the Owner. In general, imported material must be equal to or better
than native material in quality and engineering characteristics. The Owner may also
require the Contractor to provided a material analysis test of the proposed fill .
~ . .
SELECT MATERIALS -fn>M s;¢t I.,'=> t:lv&,c,ve:e,1-.
A . Select materials shall be imported from offsite sources, unless they are available from
specifically designated areas on the site as marked on the plans.
UNSUITABLE MATERIALS
A.
B .
C .
Topsoil, select material, imported fill, or unclassified fill to be used as finish grade top
dressing will be declared as "'unsuitable" by the Owner if, in his opinion, any of the
following conditions or matter and particles are present to a degree that is judged
detrimental to the proposed use of the material.
1. Moisture
2. Decayed or undecayed vegetation
3. Hardpan clay, heavy clay, or clay balls
4. Rubbish
5. Construction rubble
6. Sand or gravel
7 . Rocks greater than one half inch (1/2") diameter
8. Cementious matter
9 . Foreign matter of any kind
Unsuitable materials will be disposed of as "waste" as specified in Section 02200 .
Wet Material: If fill material is unsatisfactory for use as embanlanent solely because of
high moisture content, the Owner may grant the Developer/Contractor permission to
process the material to reduce the moisture content to a usable optimum condition .
EARTHWORK
02300
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PART 3 -EXECUTION
3.01 SITE PREPARATION: In general, "site preparation," as specified in Section 02200, shall be
performed in advance of grading and earthwork operations and shall be completed over the
entire area of earthwork operations.
3.02 TOPSOIL
A. The removal and storage of topsoil shall occur after site preparation is complete and
before excavation and embankment construction begin. Likewise , topsoil will be
replaced after excavation ap.d embanlanent construction are complete.
B. Removal: Topsoil shall be stripped to an average depth of six inches from areas where
excavation and ernbanlanent construction are planned. Topsoil may be obtained from
greater depths if it is uncontaminated by the substratum and it is of good quality, in the
opinion of the Owner.
C. Storage: Topsoil shall be stored in stockpiles conveniently located to areas that will
later receive_ the topsoil.,, Stockpiles shall be out of the way of earthwork operations in
locations approved by the Owner. Stored topsoil shall be kept separate from other
excavated materials and shall be protected from contamination by objectionable
materials that would render it unsuitable .
D. Timing: Topsoil will not be replaced (deposited) W1til construction activities are
complete that would create undesirable conditions in the topsoil, such as
overcompaction or contamination. Trenching for items such as electrical conduit and
irrigation pressure lines must be complete before topsoil replacement may begin.
E. Replacement: Topsoil will be deposited in a single layer or lift . It will be placed,
processed, compacted, and graded to leave a finished layer of topsoil not less than five
inches in depth. Unless otherwise indicated, topsoil will be replaced over all areas of
earthwork (including slopes), except where pavement is plaimed.
F. Grading: Topsoil will be final graded to the elevations shown on the plans . Fine
grading will be accomplished with a weighted spike harrow, weighted drag, tractor box
blade, light maintainer, or other acceptable machinery . All particles of the finish grad e
shall be reduced to less than one half inch (1-1/2") in diameter or they shall be remo ved .
All rocks of one inch or greater shall also be removed. Grading operations and
equipment will be such that topsoil does not become ov ercompacted . Bulldozer bl ad es
and front-end loader buckets are not acceptable devices for topsoil grading operations .
Final grading within five feet of constructed or installed elements shall be hand
raked.
G. Acceptability: Finished areas of topsoil are satisfactory if they are true to grade, true in
plane, even in gradient (slope), uniform in surface texture, and of nonnal compaction .
Areas of loose granular pockets or of overcompacted soils are not ac ceptable and will
be reworked. Finished areas will promote surface drainage and will be read y for
turfgrass planting.
EARTHWORK
02300
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3.03 UNCLASSIFIED EXCAVATION
3.04
A. All excavated areas shall be maintained in a condition to assure proper drainage at all
times, and ditches and sumps shall be constructed and maintained to avoid damage to
the areas under construction.
B. Surplus Material:
1. Surplus excavation is that quantity of material that may be left over after the
grading plan is executed, and all earthwork operations, including excavation,
embankment construction, topsoil replacement, and final grading, are
completed. Any other surplus material shall be disposed of as "waste" as
specified in Section 02200. All such cost for removal shall be considered as
incorporated into Earthwork costs
C. Excavation in Rock: The use of explosives will not be permitted. Unless otherwise
indicated on the plans, excavation in solid rock shall extend six inches below required
subgrade elevation for the entire width of the area under construction and shall be
backfilled with suitable materials· as indicated on the plans.
EARTH EMBANKMENT
A.
B .
C.
Earth embankment is defined as embankment composed of suitable materials removed
in unclassified excavation and/or imported fill. The construction of embankment
includes preparing the area on which fill is to be placed and the depositing ,
conditioning, and compaction of fill material.
General: Except as otherwise required by the plans, all embanlanent shall be
constructed in layers approximately parallel to the finished grade of the graded area, and
each layer shall be so constructed as to provide a uniform slope as shown on the grading
plan. Embankments shall be constructed to correspond to the general shape of the
typical sections shown on the plans, and each section of the embanlanent shall
correspond to the detailed section or slopes established by the drawings. After
completion of the graded area, embankment shall be continuously maintained to its
finished section and grade until the project is accepted.
Preparation : Prior to placing any embankment, all preparatory operations will ha ve
been completed on the excavation sources and areas over which the embankment is to
be placed . The subgrade shall be proof rolled to detect soft spots, whjch if exist, should
be reworked . Proof rolling shall be performed using a heavy pneumatc tired roller,
loaded dump truck, or similar piece of equipment weighing approximately 25 tons
except as otherwise specified for tree protection and areas inaccessible to vehicular
compactors. Stump holes or other small excavations in the limits of the embankments
shall be backfilled with suitable material and thoroughly tamped by approved methods
before commencing embankment construction. The surface of the ground, including
plowed, loosened ground, or surfaces roughened by small washes or otherwise, shall be
restored to approximately its original slope by blading or other methods, and, where
EARTHWORK
02300
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SECTION 02830 -SEEDING
PART 1 -GENERAL
1.01 DESCRIPTION
A. Work Included: Seeding of grass seed or wildflower seed, as specified on the plans.
B . Related Work Specified Elsewhere: Section 02300, Earthwork.
1.02 REFERENCE ST AND ARDS
1.03
1.04
A. Standardized Plant' Names
1. For exotic plant materials: American Joint Committee of Horticultural
Nomenclature, Second Edition, 1942.
2 . For native materials
a. Manual of the Vascular Plants of Texas by Correll and Johnston
b. Check List of Vascular Plants of Texas by Hatch
c. Flora of North Central Texas by Shinners and Moller
B. · Texas Highway Department: Standard Specifications for Construction, Item 164,
"Seeding for Erosion Control" and Item 180, "Wildflower Seeding".
A.
SUBMITTALS
Seed
1.
2.
3.
4.
5.
Vendors' certification that seeds meet Texas State seed law including:
a. Testing and labeling for pure live seed (PLS)
b. Name and type of seed
If using native grass or wildflower seed, seed must have been harvested within one
hundred (100) miles of the construction site .
All seed shall be tested in a laboratory with certified results presented to the City, in
writing, prior to planting.
All seed to be of the previous season's crop and the date on the container shall be
within twelve months of the seeding date.
Each species of seed shall be supplied in a separate, labeled container for acceptance
by the City.
B . Fertilizer
1. Unopened bags labeled with the analysis
2. Conform to Texas fertilizer law
JOB CONDITIONS
A .
B.
Planting Season: The season varies according to species (see Part 2 -Products). Do not
seed when soil is excessively wet or dry or when wind exceeds ten (10) miles per hour.
Schedule after all other construction is complete.
SECTION 02930 -SEEDING
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C. Protect and Maintain Seeded Areas
1. From erosion
2. From traffic and all other use
3 . Until seeding is complete and accepted
1.05 QUALITY CONTROL
The Developer/Contractor who plants the seeds is responsible for daily supervision of his crew,
and for the planting the seed and maintaining the seedlings until acceptable viable growth is
achieved and the project accepted by the City.
PART 2 -PRODUCTS
2.01 MATERIALS
A. Seed
All seed shall be planted at rates based on pure live seed (PLS = purity x germination) per
acre .
Substitution of individual seed types due to lack of availability shall be determined only by
the City at the time of planting. The Developer/Contractor shall notify the City of
difficulties locating certain species. Only those areas indicated on the plans and areas
disturbed by construction shall be seeded. Prior to seeding, each area shall be marked in
the field and approved by the City.
Weed seed shall not exceed 10 percent by weight of the total of pure live seed (PLS) and
other material in the mixture. Johnsongrass and nutgrass seed shall not be allowed.
The seed shall be clean, dry and harvested within one year of planting.
1. Non-native grass seed shall consist of:
If planted between April 15 and September 10:
Lbs.I Acre
25
75
Common Name Scientific Name
Bermuda (unhulled) Cynodon dactylon
Bermuda (hulled) Cynodon dactylon
85%
95%
Substitute the following if planted between September 10 and April 15:
220
40
Rye Grass Lolium multiflorum 82%
Bennuda (unhulled) Cynodon dactylon 84%
Gennination
90%
90%
80%
85%
2 Native grass seed -The seed shall be planted between February 1 and October 1
and shall consist of:
Lbs. PLS/Acl."e Conunon Name Botanical Name
SECTION 02930 -SEEDING
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B .
3
16
40
64
200
40
16
16
80
Green Sprangletop
Sideoats Grama*
Little Bluestem*
Buffalo grass
Indian Grass*
Big Top Lovegrass*
Weeping Lovegrass
Canada Wild Rye*
Leptochloa dubia
Bouteloua curtipendula
Schizachyriurn scoparium
Buchloe dactyloides
Sorghastrum avenaceum
Eragrostis hirsuta
Eragrostis curvula
Elymus canadensis var.
canadensis
*These grasses are not to be planted within ten feet of a road or parking lot or ,
within three feet of a walkway.
Wildflower seed-All wildflower seeds are to be hand broadcast, (see 3 .02,A).
The seed shall be planted between ·March 5 and May 31 or between September 1
and December 1 and shall consist of:
Lbs. PLS/Acre Common Name Botanical Name
10 Foxglove* Penstemon cobaea
20 Lanceleaf Coreopsis Coreopsis lanceolata
50 Bluebonnet Lupinus texensis
10 Pink Evening Primrose Oenothera speciosa
10 Purple Coneflower* Echinacea purpurea
20 Indian Blanket Gaillardia pulchella
10 Mexican Hat Ratibida columnaris
3 Maximillian Sunflower* Helianthus ma.ximiliana
10 Winecup Callirhoe involucrata
,
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10 Lemon Mint* Monarda citriodora
*These wildflowers are not to be planted within ten feet of a road or parking lot :p
within three feet of a walkway. t.-
4 . Temporary erosion control seed
Mulch
When specified on the plans, temporary control measures shall be performed.
These measures shall consist of the sowing of cool season plant seeds and the
work and materials as required in this section.
1. Mulch should be designed for use with conventional mechanical or hydraulic
planting of seed, either alone or with fertilizer.
2 . Mulch should be wood cellulose fiber produced from virgin wood or recycled
paper-by-products (waste products from paper mills or recycled newspaper).
3 . Mulch should contain no growth or germination inhibiting factors.
4. Mulch should contain no more than ten (10) percent moisture, air dry weight basis .
5 . Additives shall include a binder in powder form.
6. Material shall form a strong moisture retaining mat.
SECTION 02930 -SEEDING
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C. Fertilizer
D.
E .
1.
2.
3.
All fertilizer shall be delivered in bags or containers clearly labeled showing the
analysis.
All fertilizer shall be in acceptable condition for distribution and shall be applied
uniformly over the planted area
Analysis of 16-20-0, 16-8-8 , or as designated on the plans. Fertilizer rate :
a No fertilizer is required for wildflower seeding. _
b . Where applying fertili zer on newly established seeding areas -one hundred
(100) pounds of Nitrogen per acre .
c. Where applying fertilizer on established seeding areas -one hundred fifty
(150) pounds of Nitrogen per acre.
Water: Shall be furnished by the Developer/Contractor by means of temporary metering/
irrigation, water truck or by any other method necessary to achieve a viable, acceptable
stand of turf as noted in 3.04.B.2 . The water source shall be clean and free of industrial
wastes or other substances harmful to the germination of the seed or to the growth of the
vegetation. The amount of water will vary according to the weather variables. Generally,
an amount of water that is equal to the average amount ofrainfall plus one half inch
(1/2") per week should be applied for approximately two to three weeks or until project is
accepted by the City.
Erosion Control Measures
1. For seeding application in areas up to 3: 1 slope, use cellulose, fiber or recycled
paper mulch, (see 2 .01, B . Mulch and 3 .03).
2. For seeding application in areas 3: 1 slope or greater, use the following soil
retention blanket (Follow the manufacturer's directions):
"Curlex I" from American Excelsior, 900 Ave. H East, Post Office Box 5624,
Arlington, Texas 76001, 1-800-777-SOIL.
2.02 MIXING
Seed, mulch, fertilizer and water may be mixed provided that:
1. Mixture is uniformly suspended to form a homogenous slurry.
2. Mixture forms a blotter-like ground cover impregnated uniformly with grass seed.
3 . Mixture is applied within thirty (30) minutes after placed in the equipment.
SECTION 02930 -SEEDrNG
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3.02
PART 3 -EXECUTION
3.01 SEEDED PREPARATION
A . Clear Surface of All Materials, Such As:
B.
l. Stumps, stones, and other objects larger than one inch.
2. Roots, brush, wire, stakes, etc.
3. Any objects that may interfere with seeding or maintenance.
Tilling
1. In all compacted areas till one (1) inch deep .
2 . If area is sloped greater than 3: 1, run a tractor parallel to slope to provide less
seed/water run-off.
3 . In areas near trees : Do not till deeper than one half inch (1/2") inside "drip line"
of trees.
C . Watering: Soil should be watered to a minimum depth of four inches within forty eight
( 48) hours of seeding.
SEEDING
A. If Sowing Seed By Hand
B.
1. Broadcast seed in two directions at right angles to each other.
2. Harrow or rake lightly to cover seed.
3. Never cover seed with more soil than twice its diameter.
4 . For wildflower plantings, scalp existing grasses to one inch, remove grass
clippings, so seed can make contact with the soil.
Mechanically Seeding (Drilling):
If mechanically seeding (drilling) the seed or seed mixture, the quantity specified shall be
uniformly distributed over the areas shown on the plans or where directed. All varieties
of seed, as well as fertilizer, may be distributed at the same time provided that each
component is uniformly applied at the specified rate. Seed shall be drilled at a depth of
from one quarter (1/4") inch to three eighths (3/8") inch utilizing a pasture or rangeland
type drill. All drilling is to be on the contour. After planting, the area shall be rolled with
a roller integral to the seed drill, or a corrugated roller of the "Cultipacker" type . All
rolling of slope areas shall be on the contour.
3.03 MULCHING
A. Apply uniformly after completion of seeding in areas up to 3: 1 slope. Mulch may be
applied concurrently with fertilizer and seed, if desired.
B . Apply at the following rates unless otherwise shown on plans:
l. Sandy soils, flat surfaces -minimum 1,500 lbs./acre .
2 . Sandy soils, sloping surfaces -minimum 1,800 lbs./acre .
3. Clay soils, flat surfaces -minimum 2,500 lbs./acre.
4 . Clay soils, sloping surfaces -minimum 3,000 lbs./acre.
SECTION 02930 -SEEDING
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SECTION 03300-CAST-IN-PLACE CONCRETE
PART 1 -GENERAL
1.01 SCOPE OF WORK
A. Concrete Sidewalk
B. Concrete Handicap Ramps
C. Shelter/ Bench/ Picnic Table Slabs
D. Playground Edging
E. Concrete Walls and Footings
F. Related work elsewhere: Section 07920 -Joint Sealants
1.02 QUALITY ASSURANCE
Reference Specifications: The work under this division of the Specifications shall
conform generally to the requirements of Item 314 -"Concrete Pavement", Item 406 -
"Concrete for Structures", and Item 410-"Concrete Structures" of the City of Fort
Worth's Standard Specifications for Street and Storm Drain Construction .
PART 2-MATERIALS
2.01 FORMS
Forms shall be of ample strength, adequately braced, joined neatly and tightly and set
exactly to established line and grade.
2.02 REINFORCING MATERIALS
Reinforcing Bars : Reinforcing bars shall be round deformed bars meeting the
requirements of the current standard Specifications for Intermediate Grade Billet Steel
Concrete Reinforcing Bars of the A.S.T.M. Designation A-615 . Reinforcing bars at the
time the concrete is placed shall be free from rust, scale or other coatings that will destroy
or reduce the bond . General reinforcing bars shall be number three bars spaced eighteen
inches (18") on center in walks and twelve inch (12") on center in slabs as shown on
Plans.
2 .03 CONCRETE MATERIALS
A . Cement: Portland cement shall meet the requirements of A .S.T.M . Specifications
Designation C-150 and shall be Type I .
B. Aggregates : Concrete aggregates shall consist of gravel or crushed stone and
shall be free from any excess amount of salt, alkali, vegetative matter or other
objectionable materials. The aggregate shall be well graded from fine to course
and the maximum size shall be one inch (l "). Fine aggregate shall conform to
ASTMC33 .
C. Water : Water used in mixing concrete shall be clean and free from deleterious
amounts of acids, alkalies, vegetative matter or organic material. The concrete
CAST-IN-PLACE CONCRETE
03300
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D.
shall be mixed in an approved batch mixer. The mixing time shall not be less
than one (l) minute after all the batch materials are in the mixer. Cement content
shall be not less than five (5) sacks per cubic yard of concrete and shall have a
minimum twenty eight day (28) compressive strength of 3,000 psi.
Mixing: Transit mixed concrete shall meet all the requirements for concrete as
specified above. Sufficient transit mix equipment shall be assigned exclusively to
the project as required for continuous pours at regular intervals without stopping
or interrupting. Concrete shall not be placed on the job after a period of one and
one half hours (1-1/2) after the cement has been placed in the mixer.
2 .04 RELATED MATERIAL
A. Expansion Joint Filler: Expansion joint material shall be one inch clear heart
redwood with cap and paved cross section as shown on the plans
B.
c.
D.
E.
Dowels: Dowels for expansion joints shall be number four smooth round steel
bars with expansion tubes as shown on Plans . Dowels shall be placed eighteen
inches on center or as shown on Plans.
Curing Compound: The membranous curing compound shall comply with the
requirements of A.S.T.M., Designation C-309, Type 2, white pigmented.
PVC Sleeves: The Developer/Contractor shall furnish and install four inch (4")
Class 200 PVC pipe sleeves under concrete walk as shown on plans and details.
Caulking and Sealants -See Section 07920-Joint Sealants
2 .05 · CONCRETE MIX DESIGN AND CONTROL
A . Mix Design: The concrete shall contain not less than five (5) sacks of cement per
cubic yard . Total water shall not exceed seven gallons per sack of cement. The
mix shall be uniforni and workable. The amount of course aggregate ( dry-loose
volume) shall not be more than eighty five percent (85%) per cubic yard of
concrete.
T he net amount of water will be the amount added at the mi x er plus the fiee water
in the aggregat e or minus the amount of water needed to compensate for
absorption by the aggregates. Free water or absorption determinations w ill be
based on the condition of the aggregates at the time used . The absorption test w ill
be based on a thirty minute (30) absorption period . No water allowance will be
made for evaporation after batching.
B. Slump: When gauged by the standard slump test, the settlement of the concrete
shall not be less than three inches (3") nor more than five inches (5), unless
otherwise indicated .
CAS T-IN -PLACE CONCRETE
03300
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C . Quality: The concrete shall be designed for a minimum compressive strength of
3,000 pounds per square inch at the age of twenty-eight (28) days using a five (5)
sack mix .
D. Control-Submittal: Within a period of not less than ten days prior to the start of
concrete operations, the Developer/Contractor shall submit to the City a design of
the concrete mix proposed to be used together with samples of all materials to be
incorporated into the mix and a full description of the source of supply of each
material component. The design of the concrete mix shall conform with the
provisions and limitation requirements of these specifications. All material
samples submitted to the City shall be sufficiently large to permit laboratory
batching for the construction of test beams to check the adequacy of the design .
When the design mix has been approvyd by the City, there shall be no change or .
deviation from the proportions thereof or sources of supply except as hereinafter
provided. No concrete may be placed on the job site until the mix design has
been approved by the City in writing to the Developer/Contractor.
PART 3 -EXECUTION
3.01 REINFORCING: Metal reinforcing shall be accurately placed in accordance with the
plans and shall be adequately secured in position by concrete, metal, or plastic chairs and
spacers. Bar splices shall overlap at least twelve (12") inches. The re-bars shall be bent cold.
3.02 JOINTS
A.
B.
C .
Expansion Joints: Expansion joint materials shall be .installed perpendicular to
the surface. The bottom edge of the material shall extend to or slightly below the
bottom edge of the slab and the top edge shall be held approximately one half
(1/2") inch below the surface of the slab. The edge of joints shall be tooled with
an edging tool having a one half (1/2") inch radius.
Contraction Joints: Contraction joints shall be one quarter (1/4") inch wide by
three quarter (3/4") inch deep, tooled joints placed on six foot centers, unless
otherwise indicated. Contraction joints will not be required to be sealed. Sawed
joints may be allowed only if specifically approved by the City. Joints will be
sawed as soon as sawing can be performed without stripping aggregate from the
concrete, generally within twelve to twenty-four (24) hours after placement, and
they shall be completed before uncontrolled cracking of the pavement takes place .
Construction Joints: Construction joints shall be installed in all concrete work at
the locations shown on the plans. Construction joints formed at the close of each
day's work shall be located at any of the control joints designated on the Plans.
Joints may be constructed by use of wood or preformed metal bulkheads set true
to the section of the finished concrete and cleaned and oiled. Surplus concrete on
the subgrade shall be removed before resuming concreting operations.
CAST-rN-PLACE CONCRETE
03300
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3.03 PLACING CONCRETE: Placement of Concrete: The concrete shall be rapidly deposited
on the subgrade immediately after mixing is completed. Subgrade and fonns shall be
dampened prior to placement of the concrete. The _concrete shall be transported, placed
and spread in such a manner as to prevent segregation of the aggregate or an excess
amount of water and fine materials to be brought to the surface. No concrete shall be
placed when the air temperature is less than forty degrees Fahrenheit nor when the
temperature of the concrete is eighty-five degrees Fahrenheit or higher, without approval
by the City.
Placement shall be carried on at such a rate that the concrete is at all times plastic and
flows readily into the space between the bBrs. No concrete that has partially hardened or
that has been contaminated by foreign material shall be deposited in the work nor shall
retempered concrete be used. Each section of pavement between expansion and
construction joints shall be placed monolithically.
All concrete shall be thoroughly compacted by suitable means during the operation of
placing and shall be thoroughly worked around reinforcement and embedded fixtures and
into the corners of the forms . Special care shall be tak(?n to prevent voids and
honeycombing. The concrete shall then be struck off and bull-floated to the grade shown
on the plans before bleed water has an opportunity to collect on the surface.
3.04 FIN1SHING: All concrete shall be finished by experienced, qualified concrete finishers.
All concrete shall have a neat, rounded edge. Edging and jointing (radius described on
plans) shall be accomplished with care so as not to leave deep impressions in the concrete
surface adjacent to edges and joints . After the concrete has been floated and has set
sufficiently to support the weight of cement finishers, a smooth steel trowel will be used
to produce hard surface. The entire surface will then be brushed with a stiff bristle broom
to produce a uniform textured finish. All edges and sides of concrete exposed to view
shall be free of warp and blemishes with a uniform texture and smoothness as described
in plans.
3 .05 CURING: Curing Compound: Immediately after the finishing operations, the concrete
shall be completel_y c_overed wi?t a curing comp?un?. The concr~te surface shall be kept
moist between fimshmg operations and the application of the cunng compound . The
curing compound shall be applied under pressure by means of a spray nozzle at a rate not
to exceed two hundred (200) square feet per gallon. A minimum of seventy two (72)
hours curing time will be required.
3.06 CONCRETE WALLS
A. Placing Concrete
1. Where tremies are used, or where the free drop is five (5) feet or more,
and through reinforcement, use a dumping box or board, moving the
concrete therefrom by shovels or hoes . . .
2 . Deposit concrete so that the surface is kept level throughout, a minimum'.\;{
being permitted to flow from one position to another, and place as rapicilY:-?}:
as practicable after mixing. . ·_ ·_. :\;.i
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CAST-IN-PLACE CONCRETE . ••~,:} .
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3. Do not use in this work any concrete not placed within thirty (30) minutes
after leaving the mixer.
4. Thoroughly work concrete around reinforcement and embedded fixtures,
and into corners of forms, during placing operations.
5. Completely compact with tamping poles and by tapping forms until the
concrete is thoroughly compact and without voids . Determine the number
of tampers needed by the amount and method of placing concrete.
6 . Exercise care to tamp concrete vigorously and thoroughly to obtain
maximum density.
7. Use manual tampers as well as mechanical vibrators.
a. Exercise care to direct the quick handling of vibrators from one
position to another. .
b. Do not over-vibrate concrete.
c. Do not move concrete by use of vibrator.
B. Finishing
1. All formed surfaces exposed to view shall have a medium broom finish.
3.07 PROTECTION
After concrete is placed, finished and cured as required , permit no traffic thereon for
three days thereafter and further protect the surface from damage due to other causes.
END OF SECTION
CAST-rN -PLACE CONCRETE
03300
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aTY OF FORT WORTH, TEW
PARKS AND COMMUNITY
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EXPANSIO N JOIN
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PARKS AND COMMUNITY
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BENCH SECTION
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j .--. -· City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/20/2011
DATE: Tuesday, September 20 , 2011 REFERENCE NO.: L-15249
LOG NAME: 80GATEWAY PARK PIPELINE (SOUTH )
SUBJECT:
Conduct a Public Hearing and Authorize the Use of a Portion of the Subsurface of Gateway Park for the
Purpose of Installing an Eight-Inch Natural Gas Pipeline and Authorize the Execution of a License
Agreement with Texas Midstream Gas Services, LLC , in the Amount of $16,026.26 (COUNCIL DISTRICT
4)
RECOMMENDATION:
It is recommended that the City Council:
1. Conduct a public hearing under the guidelines set forth by the Texas Parks and W ildl ife Code , Chapter
26 , Protection of Public Parks and Recreational Lands ;
2 . Find that no feasible or prudent alternative exists for the use of Gateway Park south for the location of
the proposed natural gas pipeline ;
3 . Find that the proposed natural gas pipeline includes all reasonable planning to minimize harm to the
parkland and including that the pipeline will be constructed in Gateway Park as specified on the attached
exhibits and as noted in the discussion below;
4 . Close the public hearing and authorize the use of approximately 0.156 acres of dedicated parkland of
Gateway Park for the installation of an eight-inch natural gas pipeline ; and
5 . Authorize the execution of a License Agreement with Texas M idstream Gas Services , LLC , in the
amount of $16 ,026.26.
• Gateway Park -751 Beach Street, Mapsco 64T, U , V , X , Y , and Zand 78A, Band C , located east of
Beach Street, north of 1-30 Tom Landry Highway, south of First Street and west of Oakland
Boulevard , in Council District 4 .
DISCUSSION:
The purpose of this M&C is to authorize the execution of a License Agreement with Texas Midstream Gas
Services, LLC , in the amount of $16 ,026.26 for use of approximately 0.156 acres of the subsurface of
Gateway Park for the purpose of installing an eight-inch natural gas pipeline.
The Parks and Community Services Department (PACSD) has been approached by Texas Midstream
Gas Services , LLC , (TMGS) to install a natural gas pipeline in Gateway Park (south). The natural gas line
will be servicing the Thomas to Hickman Pad Sites . The proposed alignment would allow for an eight-inch
natural gas pipeline beneath the park. A 339.18 linear feet by 20-foot wide Pipeline License Agreement
area is being requested , and the requested area equates to approximately 0 .156 acres (6 ,784 square
feet).
Logname: 80GATEWA Y PARK PIPELINE (SOUTH) Page 1 of 2
.;, .. 1111'
• T~ location of the pipeline was chosen in consideration of the future development plans for Gateway
Park. Customarily , it is the PACSD practice to avoid the removal of trees. However, due to constraints
being caused by future development plans, two trees (one six-inch and one 12-inch Cedar Elm) will be
impacted by the proposed pipeline alignment within the park and will have to be removed. A mitigation fee
is not being requested because the trees being removed were determined to be of poor quality by the City
Forester. TMGS has agreed to maintain a minimum depth of five feet for open-trenched areas of
construction and a minimum of 10 feet for bored areas . A License Agreement will be required .
On July 27 , 2011 , the Parks and Community Services Advisory Board (PACSB) endorsed staffs
recommendation that the City Council authorize the use of approximately 0.156 acres at Gateway Park for
the installation of a natural gas pipeline. In accordance with State law , the public notice was advertised in
the Fort Worth Star-Telegram on August 23 , 2011, August 30 , 2011 , and September 6 , 2011 . An exhibit
map was available for public review for 30 days at the PACSD administrative offices located at 4200
South Freeway , Suite 2200 .
A letter announcing the proposed use was sent to the president of the White Lake Hills Neighborhood
Association on August 26 , 2011 . Signage was posted at the site noting the proposed use and providing
instructions for directing comments to the Parks and Community Services Department. Staff will note any
received public comment during the public hearing Report of City Staff.
Staff is recommending as a condition of granting this alignment, that TMGS be assessed the
recommended standard fee of $47 .25 per linear foot of pipeline. This amount is consistent with fees
assessed under the City's current Right-of-Way Use Agreements for installation of non-utility equipment,
appliances or appurtenances in public rights-of-way. In this instance , a fee of approximately $16 ,026.26
will be assessed for approximately 339 .18 linear feet of pipeline .
The funds generated from the assessment will be distributed in accordance with the City's Financial
Management Policy Statements for Gas-Related Revenue .
Gateway Park is located in COUNCIL DISTRICT 4.
FISCAL INFORMATION/ CERTIFICATION:
The Financial Management Services Director certifies that the Parks and Community Serv ices
Department is responsible for the collection and deposit of funds due to the City .
FUND CENTERS:
TO Fund/Account/Centers
C282 446300 801929990300
T122 446300 080192003371
CERTIFICATIONS:
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
$8,013 .13
$8,013 .13
FROM Fund/Account/Centers
Susan Alanis (8180)
Richard Zavala (5704)
David Creek (5744)
1. MAYOR AND COUNCIL COMMUNICATIONS aerial.doc (Public)
2. MAYOR AND COUNCIL COMMUNICATIONS pipeline routel.doc (Public)
Logname : 80GATEW A Y PARK PIPELIN E (SO UTH ) Page 2 of2