HomeMy WebLinkAboutContract 39397-A2CSC No. 39397-A2
AMENDMENT No. 2
TO CITY SECRETARY CONTRACT NO. 39397
PIPELINE LICENSE AGREEMENT
This AMENDMENT TO CITY SECRETARY CONTRACT NO. 39397, PIPELINE
LICENSE AGREEMENT is entered into by and between the CITY OF FORT WORTH, a
home rule municipal corporation of the State of Texas located within Tarrant, Denton, and Wise
Counties, Texas (hereinafter referred to as the "City"), and ENERGY TRANSFER FUEL, LP,
a Delaware limited partnership and TEXAS MIDSTREAM GAS SERVICES, L.L.C., an
Oklahoma limited liability company (collectively referred to as "Company").
RECITALS
WHEREAS, the City of Fort Worth ("City") and Energy Transfer Fuel, LP made and
entered into City Secretary Contract No. ("CSC No. 39397") authorized by City Council by M&C
C-23124 on October 14, 2008 to allow the installation and construction of a natural gas pipeline
across City property at 11310 South Freeway; and
WHEREAS, the City, Texas Midstream Gas Services, L.L.C. and Energy Transfer Fuel, LP
executed an amendment to CSC No. 39397 to add Texas Midstream Gas Services, L.L.C. as a
partner to the agreement; to remove the designation of an area as a "no -build zone" and allow for
the installation of an additional natural gas pipeline and valve station within the license tract area; to
allow for the installation of a gas valve station; to allow for a temporary construction workspace;
and for the payment of a license fee by Texas Midstream Gas Services, L.L.C; and
WHEREAS, Exhibit `B" included in the Amendment depicted the location of the pipelines,
the location of the valve and the temporary workspace but did not include the surveyor's seal; and
WHEREAS, it advisable to execute this Amendment No. 2 to CSC No. 39397
("Agreement"), to replace Exhibit "B" with a revised Exhibit "B" which includes the seal from the
surveyor;
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
r�
NOW THEREFORE, City and Company, acting herein by and through their duly
authorized representatives, enters into the following that amends CSC No. 39397:
11
Exhibit `B", depicting the location of the natural gas lines, valve station and temporary
construction workspace is hereby revised and replaced by Exhibit `B-l" attached hereto and
incorporated herein to the Agreement.
2.
All other provisions of the Agreement which are not expressly amended herein shall remain
in full force and effect.
3.
City and Company agree to all terms and conditions contained in the Agreement and that all
other provisions of the Agreement which are not expressly amended herein shall remain in full force
and effect.
EXECUTED as of the later date below:
TEXAS MIDSTREAM GAS SERVICES, ENERGY TRANSFER FUEL, LP
L.L.C., an Oklahoma limited liability company a Delawar mited ership
By: By:
Robert S. Purgason, Chief Operating Officer t" Roy Patton
Senior Vice President - Commercial
Operations
Date: Date: 3%2)1, o) D
CITY OF FORT WORTH:
By:
Assistant City Manager
Date: S1/910
APPROVED AS TO FORM AND LEGALITY:
By iG X,Vc1 JrrVU OFFICIAL RECORD
CITY SECRETARY
Assistant
nCit Attorney
M&C: -� •� FT. WORTH, TX
-2-
I�
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this I day of A-V , 2010, by
Fernando Costa, Assistant City Manager of the City of Fort Worth, Teas, a municipal
corporation, on behalf of the City of Fort Worth, Texas:
EVONIA DANIELS e
MY COrAMISSION EXPIRES
duly to, tots y Public, State o Texas
ACKNOWLEDGEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on this a_Z7 day of /�w rvl+ , 2010, by
Roy Patton, Senior Vice President, Commercial Operations of Energy Transfer Fuel, GP, LLC
general partner of Energy Transfer Fuel LP, a Delaware limited partnership on behalf said
partnership.
00—
s
My,�, Notary Public, State of Texas
No,r rAw 01. 2M
-3-
A..
THE STATE OF OKLAHOMA
COUNTY OF OKLAHOMA
ACKNOWLEDGMENT
11
This instrument was acknowledged before me on this 25day of ,
2010, by Robert S. Purgason, Chief Operating Officer of Texas Midstream Gas Services, L.L.C.,
an Oklahoma limited liability company, on behalf of said company.
f pbpp2337
Notary Public, State of Oklahoma
My commission expires: 03 ICA 1 120 M
My commission number: p1o0 23�
-4-
(cm).
FOUND 1 jT
IRON ROD
EXHIBIT "B-1"
AMENDMENT NO. 1
l&l Qb
��gJPJ� 30' LICENSE AGREEMENT
+ ENERGY TRANSFER FUEL LP PARK OF D ERI CREEIK ADDN '► Q'�'tl
N STR # D 2 08420 B32 CAB A SL 10674
F44'14"W I� (s�r8D 31741H) +�'' 44`
j SEE DETAIL
BELOW (CM
' BASIS BEARING N8956}Idv 5M57'-
POINT OF 1489'S8r16'W 348,57'
BEGINNING DELETION OF NO -BUILD ZONE
N08'"140W & ADDITION OF 12" PIPELINE
20.24' EXCEPTION INSTR# D210021509 N00'47'06"W
18,755 S.F. 0.431 ACf
75.05'
CITY OF FT WORTH N89'58'43"W
TRACT TX—TARR—SYCA-002.00 48.70'
INSTR# D208432258 ,gyp
(TR 1) 0�' 2►�'
I� UNION PACIFIC RAIL ROAD q0
TRACT TX-TARR-CRMI-003.00 ;Q-
�� (100' ROW) b
- X ,l �-,�y-.rLBLL
-SOO'47'06'E 44.66' S89"56'45"E
N00'01'24"E 37.82' 20.00'
p r;
00
ADDITIONAL
PIPELINE S89'52'50"W
& METER 152.17'
125'X300' MEASURING AND
REGULATING FACILITY
ENERGY TRANSFER FUEL LP
INSTR# D208420632
A LICENSE AGREEMENT ACROSS A PORTION OF THE PARCEL DESCRIBED IN INSTRUMENT# D208432258 AND
ACROSS THE 20' NO —BUILD BUFFER ALLOWED BY INSTR# D210021509 AND 125' X 300' REGULATING FACILITY
ENERGY TRANSFER FUEL LP DESCRIBED IN INSTRUMENT# D208420632 ALL OF THE RECORDS OF THE COUNTY
OF TARRANT, STATE OF TEXAS, IN THE W STONE SURVEY, ABSTRACT NUMBER 1400, DESCRIBED AS FOLLOWS:
BEGINNING ON THE WESTERLY BOUNDARY OF SAID PARCEL FROM WHICH ITS NORTHWEST CORNER MONUMENTED
BY A FOUND 1/2" IRON ROD BEARS N08-44-14"W 30.35 FEET;
THENCE PARTIALLY ALONG THE NORTHERLY LINE OF THE 20' NO —BUILD BUFFER DESCRIBED IN INSTRUMENT#
D208420632 S89'58'16"E 371.37 FEET;
THENCE PARALLEL WITH AND 20.00 FEET EASTERLY FROM THE WESTERLY LINE OF THE 125' X 300' MEASURING
AND REGULATING FACILITY DESCRIBED IN INSTRUMENT# D208420632 SOO-47-06"E 44.66 FEET;
THENCE S89'57'27"E 161.63 FEET;
THENCE N00'01'24"E 37.82 FEET;
THENCE S89'56'45"E 20.00 FEET;
THENCE S00'03'15"W 87.77 FEET TO A POINT ON A CHAIN LINK FENCE;
THENCE GENERALLY ALONG SAID CHAIN LINK FENCE THE FOLLOWING TWO (2) COURSES;
1. S89'52'50"W 152.17 FEET;
2. THENCE N89'58'43"W 48.70 FEET TO THE WESTERLY LINE OF THE SAID 125' X 300' MEASURING AND
REGULATING FACILITY,
THENCE ALONG THE WESTERLY LINE OF SAID 125' X 300'
MEASURING AND REGULATING FACILITY N00'47'060W 75.05 FEET
TO THE SOUTHERLY LINE OF SAID 20' NO -BUILD BUFFER;
THENCE ALONG SAID SOUTHERLY LINE N89'58'16"W 348.57 FEET
TO THE WESTERLY BOUNDARY OF SAID PARCEL; N89'58'16"W 0.65'
THENCE ALONG SAID WESTERLY BOUNDARY N08'44'14"W 20.24 FEET (CM)
TO THE POINT OF BEGINNING; FOUND 3/8"
CO SQUARE FEET OR 0.431 ACRES, MORE OR LESS. CAPPED IRON ROD
� • • .• WITH CAP STAMPED
-SURVCON INC
co
DETAIL
=10'
I. --. SCALE 1PAUL E. MANNEL X CHAIN LINK FENCE
(CM) CONTROL MONUMENT
FOUND 1/2"
IRON ROD
EXHIBIT "B-1"
AMENDMENT NO. 1
A
P�V1,
0i30 LICENSE AGREEMENT
`r ENERGY TRANSFER FUEL
POINT OF INSTR# D208420632
BEGINNING /
I I ii
LP PARKS OF DEER CREEK ADDS
CAB A SL 10674
(SURD 131741H) I
BASIS OF BEARING S89'S8'16"E 655.57'
N89'58"16"W 371.37' "N
— 14 08'44'1— — 5"W — — — — — — — — — — - — -
30.35'
DELETION OF NO -BUILD ZONE _
do ADDITION OF 12" PIPELINE
EXCEPTION INSTR# D210021509
18,755 S.F. 0.431 ACt
I CITY OF FT WORTH
TRACT TX-TARR-SYCA-002.00
INSTR# D2O8432258
(7R U
UNION PACIFIC RAILROAD
TRACT TX-TARR-CRMI.003.00
(100' ROW)
Iry't" �
� SEE DETAIL
BELOW (CM)
X XLJJAih-LII4KXrtNLt X
44.66' N89'56'45"W
CNOO*47'06"W
00'O1'24"W 37.82' w 20.00' w
• N
Lo o.
N89'57'27"W 161.63' p n N
800 8-
Z V1
X X
36,330 S.F.
0.834 ACt
N89'58'43"W 99.16'
125'X300' MEASURING AND
JQ` REGULATING FACILITY
`b ENERGY TRANSFER FUEL LP
INSTR# D208420632
A PORTION OF THE PARCEL DESCRIBED IN INSTRUMENT# D208432258 AND ACROSS A PORTION OF THE ENERGY
TRANSFER FUEL LP 30' LICENSE AGREEMENT AND A PORTION OF 125' X 300' ENERGY TRANSFER FUEL LP
MEASURING AND REGULATING FACILITY DESCRIBED IN INSTRUMENT# D208420632 ALL OF THE RECORDS OF THE
COUNTY OF TARRANT, STATE OF TEXAS, IN THE W STONE SURVEY, ABSTRACT NUMBER 1400, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THE PARCEL DESCRIBED IN INSTRUMENT# D2O8432258
MONUMENTED BY A FOUND 1/2" IRON ROD;
THENCE ALONG THE NORTHERLY BOUNDARY OF SAID PARCEL S89'58'16'E 655.57 FEET TO THE NORTHEAST
CORNER OF SAID PARCEL;
THENCE ALONG THE EASTERLY BOUNDARY OF SAID PARCEL AND THE EASTERLY LINE OF THE 125' X 300'
MEASURING AND REGULATING FACILITY DESCRIBED IN INSTRUMENT# D208420632 OF THE TARRANT COUNTY
RECORDS S00'48'08"E 125.02 FEET TO THE SOUTHEAST CORNER OF SAID 125, X 300, MEASURING AND
REGULATING FACILITY;
THENCE ALONG THE SOUTHERLY LINE OF SAID 125' X 300' MEASURING AND REGULATING FACILITY N89'58'43"W
99.16 FEET;
THENCE N00'03'15"E 87.77 FEET;
THENCE N89'56'45"W 20.00 FEET;
THENCE SO0'O1'24"W 37.82 FEET;
THENCE N89'57'27"W 161.63 FEET;
THENCE N00'47'06"W 44.66 FEET TO THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF THE 30'
LICENSE AGREEMENT DESCRIBED IN INSTRUMENT# D20842O632;
THENCE ALONG SAID SOUTHERLY LINE N89'58'16"W 371.37 FEET TO THE WESTERLY BOUNDARY OF THE PARCEL
DESCRIBED IN INSTRUMENT# D2O8432258;
THENCE ALONG SAID WESTERLY BOUNDARY NO8'44'15"W 30.35 FEET TO THE POINT OF BEGINNING;
CONTAININ 30 SQUARE FEET OR 0.834 ACRES, MORE OR LESS.
N89'58'16"W 0.65'
9�0 (CM)
• 7C FOUND 3/I
PAUL E• MANiVEI CAPPED IRON ROD
..
................ .. WITH CAP STAMPED
:A 5533 �P : SURVCON INC
X CHAIN LINK FENCE DETAIL
(CM) CONTROL MONUMENT
SCALE 1 =10'
(ASSESSORS DATA)
EXHIBIT "B-1"
BEGINNING ON THE WESTERLY BOUNDARY OF SAID PARCEL FROM WHICH ITS NORTHWEST CORNER MONUMENTED
BY A FOUND 1/2" IRON ROD BEARS N08-44-14"W 30.35 FEET;
THENCE PARTIALLY ALONG THE NORTHERLY LINE OF THE 20' NO —BUILD BUFFER DESCRIBED IN INSTRUMENT#
D208420632 S89'58'16"E 371.37 FEET;
THENCE PARALLEL WITH AND 20.00 FEET EASTERLY FROM THE WESTERLY LINE OF THE 125' X 300' MEASURING
AND REGULATING FACILITY DESCRIBED IN INSTRUMENT# D208420632 SOO-47.06"E 44.66 FEET;
THENCE S89'57'27"E 161.63 FEET;
THENCE N00'01'24"E 37.82 FEET,
THENCE S89'56'45"E 20.00 FEET;
THENCE S00'03'15"W 87.77 FEET TO A POINT ON A CHAIN LINK FENCE;
THENCE GENERALLY ALONG SAID CHAIN LINK FENCE THE FOLLOWING TWO (2) COURSES;
1. S89'52'50"W 152.17 FEET;
2. THENCE N89'58'43"W 48.70 FEET TO THE WESTERLY LINE OF THE
SAID 125' X 300' MEASURING AND REGULATING FACILITY;
THENCE ALONG THE WESTERLY LINE OF SAID 125' X 300'
MEASURING AND REGULATING FACILITY N00'47'06"W 75.05 FEET
TO THE SOUTHERLY LINE OF SAID 20' NO —BUILD BUFFER;
THENCE ALONG SAID SOUTHERLY LINE N89'58'16"W 348.57 FEET
TO THE WESTERLY BOUNDARY OF SAID PARCEL;
THENCE ALONG SAID WESTERLY BOUNDARY N08'44'14"W 20.24 FEET
TO THE POINT OF BEGINNING;
CONTAINING 18,755 SQUARE FEET OR 0.431 ACRES, MORE OR LESS.
SURVEYOR'S CERTIFICATE
TO PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO
CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM
RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE
AND THAT SAME IS TRUE AND CORRECT.
D
�?• \ s TE q PAUL E. MANNEL
REGISTERED PROFESSIONAL LAND SURVEYOR
f r
DATE OF SIGNATURE:
>u _ E. MANNEL••• (CM) CONTROL MONUMENT
5533(ASSES'SWIS DATA)
SUMMARY
SECTION
LENGTH
A
358.43'
B
60.03'
C
10.00,
PAD AREA D
50.00'
E
121.24'
F
52.79'
N89'58'16"W
0.65'
(CM)
HEREBY
FOUND 3/8"�
PUBLIC
CAPPED IRON ROD
GROUND
WITH CAP STAMPED
SURVCON INC
DETAIL
SCALE 1 -10'
NO, 5533
SUZANNE HENDERSON
COUNTY CLERK ? •�
100 West Weatherford Fort Worth, TX 76196-0401
PHONE (817) 884-1195
CITY OF FORT WORTH
1000 THROCKMORTON
FT WORTH, TX 76102
Submitter: CITY OF FORT
WORTH/DEVELOPMENT &
PLANNING
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 5/21/2010 1:51 PM
Instrument #: D210120698
A 8
D210120698
PGS $40.00
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
Prepared by: SLDAVES