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HomeMy WebLinkAboutContract 42022 CITY SECRETARY /. f' NATURAL GAS PIPELINE LICENSE A&q&WpR '7 a ° [Sycamore Park and Cobb Park(north-south)] 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 Robert S. Purgason, Chief Operating Officer. 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 an approximate total distance of 1,755.18 linear feet within 20 foot right of way corridor for the transportation of Gas through a public park known as Sycamore Park and for an approximate total distance of 3,168.1 l linear feet within a 20 foot right of way corridor for the transportation of Gas through a public park known as Cobb Park. Because the 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 Sycamore Park and Cobb Park (north-south) 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. OFFICIAL t shall mean the authorization issued to Company hereunder to use a portion of CITY SECRETARY 1,ublic parks known as Sycamore Park and Cobb Park in the location as set out in Exhibit "A" for (i) the construction, installation, maintenance and repair of FT. WORTH, TXC mpany's Pipeline; (ii) the use of such Pipeline for the transportation of Gas; Natural Gas Pipeline License Agreement[Sycamore Park and Cobb Park] and (iii) any other directly related uses of the Park, pursuant to and in accordance with this Agreement. 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 the City of Fort Worth's Parks and Community Services Department ("PACSD") or authorized representative. Gas shall mean gaseous fuels such as natural gas, artificial gas, synthetic gas, liquefied natural gas, manufactured gas, or any mixture thereof. Park shall mean only that portion of the dedicated public park known as Sycamore Park and Cobb Park (north-south) as identified in Exhibit "A" of this Agreement, attached hereto and hereby made a part of this Agreement for all purposes (collectively called the Park). 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 twenty-four (24") nominal diameter pipeline for an approximate total distance of 1,755 linear feet through Sycamore Park and 3168.11 linear feet through Cobb Park 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 over, under, along and across the Park and (ii) transport Gas through the portions of its Pipeline in, under, and across the Park as depicted in Exhibit "A". Company hereby acknowledges and agrees that this Agreement allows only Natural Gas Pipeline License Agreement ISvcamore Park and Cobb ParkI I I SR 009.00,01 1.00,12.00,13.00,16.00,17.00,17.01.01,18.0021.00,21.00.04 the transportation of Gas through the Park and does not allow Company to distribute, sell or otherwise provide Gas to any Customer. 2.2. Nonexclusive. This Agreement and all rights granted to Company herein are strictly nonexclusive. The City reserves the right to enter into and grant other and future licenses and other authorizations for use of the 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 Natural Gas Pipeline License Agreement JSycamorc Park and Cobb Parks-1 111 S B— 009.00,011.00,12.00,13.00,16.00.17.00,17.01-01,18-0021.00,21.00.04 i Company and the contractor and (ii) full payment for all wages for labor and services and 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. CST 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$232,265.46 ("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 may from time to time impose on all other similarly situated entities within the City. 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 Natural Gas Pipeline l.iccnsc Agreement Sycamore Park and Cobb Parkl- 8 111SR--009.00,01 1.00,1200,13.00,16.00,17.00,17.01.01,18.0021.00,21.00.04 regulations as adopted and modified by the Texas Railroad Commission and in this connection Company shall be subject to, governed by and shall comply with all applicable federal, state„ and local laws, including all ordinances, rules and regulations of the City, as same may be adopted and amended from time to time. 6. USE OF THE PARK. 6.1 Construction Schedule 6.1.1. Pre-Construction Notice and Meeting Requirements. Company shall notify the PACSD not less than five (5) business days in advance of the proposed construction start date and shall meet with appropriate City staff for the purposes of a Pipeline pre-construction meeting not less than three (3) business days prior to initiating construction. The pre-construction meeting shall include, but not be limited to, information regarding the restoration of areas disturbed. 6.1.2. Completion of Construction. Construction of the portion of the Pipeline in Sycamore Park (hereafter referred to as "section A") shall commence within sixty (60) days of the execution of this Agreement and construction of the portion of the Pipeline in Cobb Park shall (hereafter referred to as "section B") shall commence within one hundred twenty (120) days of the execution of this Agreement and both sections be completed within two hundred forty (240) days from the exaction of this Agreement. Pipeline construction shall not include restoration of the Park as contemplated in Section 6.4. Company shall provide ground cover approved by PACSD of all disturbed areas which may include a combination of straw, seeding, sod or other materials. The completion deadline will be extended; day for day, for each day Company's Pipeline construction is delayed under Sections 6.1.3, 6.1.4., and 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. After the notice of commencement of construction as indicated in 6.1.1, the City shall notify Company not less than five (5) business days after its receipt of Company's notification of City plans to construct 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, licensee 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. After the notice of commencement of construction as indicated in 6.1.1, the City shall notify Company, not less than five (5) business days after its receipt of the Company's notification, of planned events in the Park that may conflict with Company's construction schedule. In order to avoid any conflict with the planned event Company agrees to schedule its construction to accommodate such event Natural Gas Pipeline License Agreement lSycamorc Park and Cobb Parkl- I I I S R—009.00,0 l 1.00,12.00,13.00,16.00,17.00,17.01.01,18.0021.00,21.00.04 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 determines 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. Construction and Necessary Restoration. The Pipeline will be constructed within the Park by open trench or horizontal directional drilling and no surface excavation shall be permitted outside of the temporary workspace as shown on Exhibit `B". No disturbance of trees shall be allowed along the areas identified to be protected. Company will provide still photography or video media of trees to be protected as identified at the preconstruction meeting. Tree protection fencing where required shall be orange vinyl temporary fencing or as otherwise indicated in Exhibit B and shall be set at the critical root zone of the trees identified for protection during the preconstruction meeting by the City Forester. Once the tree protection fencing has been installed Company shall schedule a field inspection with PACSD to verify the location and installation of the fencing. Damage to trees shall be assessed as described in Section 6.7. During the preconstruction meeting Company shall perform a dig test to locate the Park main electrical and water lines. Upon any damage to Park electrical lines or water lines Company shall immediately contact the Director to inspect the damage and Company shall hire, as may be necessary, a Master Electrician or a commercially qualified installer to do the work. Company shall provide to PACSD a copy of the Master Electrician's certification papers prior to the start of work. Company's contractor must be licensed and bonded to and provide a warranty to all work performed on behalf of the Park. City retains the right but not the obligation to inspect and test all electrical and irrigation work done pursuant to Section 6.4.1. Natural Gas Pipeline License Agreement[Sycamore Park and Cobb Parke 111 SR 009.00,01 1.00,12.00,13.0 0,16.00,17.00,17.01.01,18.0021.00,2 L 011.U4 6.4.1.1. Section A: Sycamore Park Sidewalk, Access Road and Tennis Court Replacement. Upon the completion of construction of the Pipeline Company shall replace all sidewalks within the construction foot print which includes all travel ways for ingress and egress and staging. The access drive for Sycamore Park road shall be repaired upon completion of construction. (The parties contemplate a new concrete apron at the entrance together with repaving the portion of access road Company will use for access into Sycamore Park.) The sidewalk will be constructed to meet all federal and state guidelines for handicap accessibility and be constructed in accordance to the attached Exhibit "C". City will inspect the sidewalk in three phases of development as follows: (i) Phase one inspection will be sidewalk stake and layout; (ii) Phase two inspection will be to inspect the sidewalk form work; and (iii) Phase three inspection will be sidewalk final inspection. Company shall cause its subcontractors to provide City with copies of the necessary certification papers and liability insurance prior to the sidewalk construction. Company will also require its subcontractors to provide City certification papers of the batch mix of both the concrete and asphalt and warranties of workmanship. Upon completion of the Pipeline construction, Company will replace the section of tennis court as specified on the attached plan (Exhibit "D"). If the Pipeline construction compromises any surface of the tennis court, Company will replace the affected area as agreed upon by the Director. Company shall repaint the surface of the tennis court in accordance with the specifications outlined on the attached Exhibit "D" and replace and/or repair any equipment associated with the netting which is damaged by the Pipeline construction. Company shall replace any portions of the chain link fence removed during the Pipeline construction. Company shall repair or replace any and all electrical lines that are damaged as a part of construction of the Pipeline. If any electrical lines are damaged due to construction, the Company shall immediately notify the Director to have the lines inspected. Once inspected the Company shall make repairs as specified by the Director(see section 6.) 6.4.1.2 Section B: Cobb Park Sidewalk; Access Road Repair and Replacement. Company shall install a concrete loop trail to accommodate park users during construction of the Pipeline. The loop trail shall be installed prior to construction of the Pipeline within Cobb Park. The trail shall be constructed to meet all federal and state guidelines for handicap accessibility and be constructed in accordance with Exhibit "C". City will inspect the sidewalk in three phases of development as follows: (i) Phase one inspection will be sidewalk stake and layout; (ii) Phase two inspection will be to inspect the sidewalk form work; and (iii)Phase three inspection will be sidewalk final inspection. Company shall cause its subcontractors to provide City with copies of the necessary certification papers and liability insurance prior to the sidewalk construction. Company will also require its subcontractors to provide City certification papers of the batch mix of both the concrete and asphalt and warranties of workmanship. Natural Gas Pipeline License Agreement ISycamore Park and Cobb Parkl- I l ISR—009.00,0l 1.00,12.00,13.00,16.00,17.00,17.01.01.18.0021.00,21.00.04 Company shall replace all portions of the sidewalk damaged during Pipeline construction. For the area of Cobb Park Drive being used for access into Cobb Park and depicted in Exhibit "E" Company shall repair and replace any portion of asphalt damaged in accordance with standards outlined in Exhibit "C"and as described in section 6.4.1.2. 6.4.2. Tree Protection. Tree protection fencing where required shall be chain link temporary fencing and shall be set at the drip line of the trees identified for protection. Containment lining shall be installed under all mud tanks and a liner shall be placed in any mud pits. Chain link fence will be use where equipment will be working within or under drip line of any trees and shall be set at the critical root zone of the trees identified for protection during the preconstruction meeting by the City Forester. Tree wrap will be required as needed for protection of tree trunk. Once the tree protection fencing is installed an inspection shall be scheduled with the PACSD agent to approve the location and installation. If any damages are found to have occurred during the installation of the fencing the PACSD agent may assess damages in accordance with Section 6.7. 6.4.3 Open Trenches. All open trenches and work areas are to be fenced with orange vinyl fencing. The fencing shall be installed along the perimeter boundaries of temporary construction workspace. The orange vinyl fencing shall remain in place until such time the site is restored as provided in this Agreement and when such restoration made by the Company has been inspected and accepted by the Director. All boring shall be at a minimum of ten (10) feet unless otherwise specified in Exhibit `B". For all open trenches, for the Park, the pipe shall be buried a minimum of four(4) feet from the top of the Pipeline unless otherwise agreed to in Exhibit `B". The City shall have the right, but not the obligation to have an inspector,present to verify the buried depth of the Pipeline. 6.4.4. Work Areas. Company shall specify work areas prior to construction and 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 in the work area must be approved by the Director or designee. 6.4.5. Trench Com action. Trenches shall be compacted to 90% Standard Proctor Density (S.S.T.M. D698). All construction techniques for excavation, with the exception for the allowance of double ditching, shall be done in accordance with Exhibit B (Section 2300 Earthwork). Copies of all density testing shall be provided to a PACSD agent. During initial construction, the trenching shall be performed by double-ditching, with the top twelve inches (12") of soil being separated from the balance of the dirt removed in making the ditch or trench for installation of the Pipeline. In backfilling, after installation of the Pipeline, the topsoil first removed shall be used as cover soil in such a manner so as to result in it being returned to the top of the ditch as topsoil. Natural Gas Pipeline License Agreement ISycarnore Park and Cobb Park l a I S R—009.00,01 1.00,12.00,13.00,16.00,17.00,17.0 1.01,18.0021.00,2 1.00.04 Company shall verify in writing that the compaction was done in accordance with the above requirements. 6.4.7. Ingress and Egress. 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 preconstruction meeting. At no time shall Company block the access roads for the Park. Company will provide a flagman and traffic controls at all times during construction of the Pipeline directing traffic flows in and out of the Park. At no time shall any of the construction crews or equipment use any portion of the road other than the portion that is specified on attached Exhibit "E" the Company may be required to repave the entire road, being Sycamore Park Drive and Cobb Park Road as determined by the PACSD inspector. . 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"E". PACSD shall inspect the drive after its is constructed and prior to its use to ensure compliance with the plan agreed upon at the preconstruction meeting held in accordance with sections 6.4.1.1 and 6.4.1.2 6.4.8. 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 preconstruction 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 and easements 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 ground disturbance shall be repaired or replaced in 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 that existed prior to the Company's construction activity in the Park. Areas for mulch and matting are to be identified during the preconstruction meeting. Company shall install 8-inches of mulch and provide matting for travel ways that are directed between trees. Company shall contact the PACSD to inspect the designated areas for mulch and matting and City shall have the right, but not the obligation, to inspect such designated areas. 6.4.10. Tracer Wire.The Company shall have the right to lay tracer (tracking) wire on the Park to locate the pipeline during construction. Natural Gas Pipclinc License Agreement ISycamorc Park and Cobb ParkJ- 1 I I S 13—009.00,01 1.00,12.00,13.00.1 6.00,17.00,17.01.01,18.002 L 00,21.00.04 6.4.11. Tem oM Fencing. The fencing shall be installed along the perimeter boundaries of all bore pit areas, travel ways, temporary workspace and any storage areas. No mud pits shall be allowed in Sycamore or Cobb Park for the mixing of boring mud. The only pit allowed will be for the horizontal directional drill. 6.4.12. Stockpiling and Replacement of Soil. Company shall stockpile any and all excavated soil from the Pipeline construction and shall place said soil in the areas to be reseeded. Importing of outside soil shall not be allowed. 6.4.13. Surface Monitoring for Release of Fluids Company or Company's contractor will monitor drilling mud pressures. At least one employee will walk the length of the bore/horizontal directional drill during actual drilling activity to monitor for any signs of drilling mud ebbing to the ground surface. The individual(s) will notify the crew foreman and the Company construction supervisor of any signs of drilling mud ebbing to the ground surface. The Company shall contact the Director and notify them of the release and coordinate with the director on plan of action. The Company shall be allowed access to the park for containment of the release. Hard copies of the storm drain grid maps of the appropriate storm drain sheets at each bore/horizontal directional drill location. Material Safety Data Sheets will be on site at all times during boring operations. Sufficient materials will be maintained on site to protect against drilling mud or other fluids from entering the drainage system. Company will perform testing in the area of the release as required by the Director. 6.4.14. Pipeline Construction under Bridg . Company will provide engineering certified drawings that the Pipeline will not impact the footings of the Park bridge. If the Pipeline placement impacts the bridge or related structures stabilizing the bridge Company at its sole cost shall repair or replace the bridge. Once the City has notified the Company of the impact, Company shall have forty-five (45) days to provide with a resolution and will have one (1) year from the City's response to complete all construction as directed by the City. Company acknowledges the Pipeline is within the bridge rights of way. Company holds City harmless for any construction activity that may occur on the bridge. 6.5. Emergency Procedures. 6.5.1. For purposes of this Section, a public emergency shall be any condition which, in the opinion of the officials specified herein, poses an immediate threat to life, health or property and is caused by any natural or man-made disaster, including, but not limited to, storms, floods, fires, accidents, explosion, water main breaks and hazardous materials spills. In the event of a public emergency, the City shall have the right to take whatever action is deemed appropriate by the City Manager, Mayor, Police Chief or Fire Chief, 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, Natural Gas Pipeline license Agreement Sycamore Park and Cobb Parke 8 1 IISB—009.00,01 1.00,12.00,13.00,16.00,17.00,17.01.01,18.0021.00,21.00.04 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. 6.5.2. The Company shall maintain written emergency response plans pursuant to 49 C.F.R. § 192.615. 6.5.3. In the event of an emergency directly that involves that portion of the Pipeline located in the Park and necessitates immediate emergency response work on or repairs, Company may initiate the emergency response work or repairs or take any action required under the circumstances provided that Company notifies the City as promptly as possible. 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. 6.6. Damaze 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: 6.6.1 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. 6.6.1.1. Slight Daman: 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 V2" 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). Natural Gas Pipeline License Agreement ISycamorc Park and Cobb Park 111 S B—009.00,011.00,12.00,13.00,16-00,17.00,17.01.01,18.0021.00.21.00.04 6.6.1.2. 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 '/2 the assessed value of the tree per each instance of damage. 6.6.1.3. 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. 6.6.2. 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 PACSD at a rate of$200 per caliper inch. 6.6.3. In addition to damages assessed by PACSD, trees removed shall also be subject to the Urban Forestry Ordinance of the Fort Worth Zoning Ordinance. 6.7.Surface Repairs Due to Companv Activity After Construction Period. Upon completion of construction activity, Company, at Company's 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, operation, maintenance or removal of any of the Pipeline to, at Company's option, as good as or better a condition as such property was in immediately prior to the disturbance or damage. Unless otherwise specified in this Agreement or by the City, Company shall diligently commence such restoration within thirty (30) calendar days following the date Company first became aware of the Natural Gas Pipeline License Agreement ISycarnore Park and Cobb Parkl 1 11513—009-00,011.00,12.00,13.00,16.00,17.00,17.01.01.18.0021.00,2 1.00.o4 disturbance or damage or, if the Pipeline is being removed, within thirty (30) calendar days following such removal. All materials for restoration of the Park shall be inspected and approved by the Director or designee prior to placement. Such soil and grass shall have all supporting documentation certifying the quality meets or exceeds specifications required pursuant to the specifications attached in Exhibit "C". All such planting material shall be inspected by the Director or designee prior to installation. Company will water each disturbed area as many times as necessary until a stand of grass comparable to that which was originally in place before the disturbance. Surface areas to be restored shall be determined by the Director or designee. In the event of a spill, Company shall immediately notify the City and coordinate with the Director or designee 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 (all applicable departments) 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, Section 192 and as adopted and modified by the Texas Railroad Commission. The Pipeline shall not exceed a nominal diameter of twenty-four (24) inches and a right of way width of no more than 20 feet throughout the entire length of the Park. 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, Section 192 and as adopted and modified by the Texas Railroad Commission, which 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, Natural Gas Pipeline License Agreement JSycamore Park and Cobb Parkl- 111SR 009.00,011.00,12.00,13.00,16.00.17.00,17.01-01,18.0021.00,21.00.04 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 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. Natural Gas Pipeline License Agreement JSycamorc Park and Cobb Parki 1 I1SR 009.00.01 1.00,12.00.13.00.16.00.17.00.17.01.01,18.0021.00.21.00.04 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, INCL UDING 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 ("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 (Ii) COMPANY'S FAILURE TO COMPLY WITH ANY FEDERAL, STATE OR LOCAL LAW, ORDINANCE, RULE OR REGULATION, EXCEPT TO THE EXTENT DIRECTL Y CAUSED BY THE NEGLIGENT ACT(S) OR OMISSIONS) OR INTENTIONAL MISCONDUCT OF THE CITY. Natural Gas Pipeline License Agreement ISycamore Park and Cobb Parkj 111 S R -009 00,01 1.00,12.00,13.()0,16.00,17.00,17.01.01,18.0021.00,21.00.04 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,IFANY, 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 SUCK 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 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. Natural Gas Pipeline license Agreement lsvcamore Park and Cobb Parkl- 11I S 13 -009.00,01 1.00,12.00,13.00,16.00,17.00,17.01.01,18.0021.00,21.00.04 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 not limited to, cancellation, termination, non-renewal or amendment, shall be made without thirty (3 0)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. Natural Gas Pipeline License Agreement[Sycamore Park and Cobb Parkl- 11 S R 009.00,01 1.00,12.00,13.00,16.00,17.00,17.01.01,18.0021.00,2 1.00.04 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. 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. Natural Gas Pipeline license Agreement]Sycamore Park and Cobb Park] I II SB—009.00,0 l 1.00,12.00,13.00,16.00,17.00,17.01.01,18.0021.00,21.00.04 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. 10.2. Remedies for Uncured Defaults. Upon the occurrence of an Uncured Default, the City shall be entitled to exercise, at the same time or at different times, any of the following remedies, all of which shall be cumulative of and without limitation to any other rights or remedies the City may have: 10.2.1. Termination of Agreement. Upon the occurrence of an Uncured Default, the City may terminate this Agreement. Upon such termination, Company shall forfeit all rights granted to it under this 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 Natural Gas Pipeline license Agreement[Sycamore Park and Cobb Park 1 H S R—009.00,0l 1.00,12.00,13.00,16.00,17.00,17.01.01,18.0021.00,21.00.04 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 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) days of Company's receipt of same. 12. COMPANY AS INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Company shall operate as an independent contractor as to all rights and privileges granted by this Agreement, and not as an agent, representative or employee of the City. Company shall have the exclusive right to control the details of its business and other operations necessary or appurtenant to the transportation of Gas in Natural Gas Pipeline License Agreemcnt JSycamorc Park and Cobb Parkl- f ISR 009.00,01 1.00,1 200,13.00,16.00,17.00,17.01.01,18.0021.00,21.00.04 accordance with the terms and conditions of this Agreement, and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Company acknowledges that the doctrine of respondeat superior shall not apply as between the City and Company, its officers, agents, employees, 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 provisions of this Agreement shall be conclusively determined to have been delivered when(i)hand-delivered to the other party, its agents, employees, servants or representatives, or (ii) received by the other party by United States Mail, postage prepaid,return receipt requested,addressed as follows: To THE CITY: To COMPANY: City of Fort Worth Texas Midstream Gas Services, L.L.C. Parks and Community Services Director Mr. Dave Johns 1000 Throckmorton Manager, Property Rights Fort Worth, TX 76102 100 Energy Way Fort Worth, Texas 76102 with a copy to: with a copy to: City of Fort Worth Texas Midstream Gas Services, L.L.C. Department of Law C T Corporation System Attn:Attorney for PACSD 350 North St. Paul Street, Suite 2900 1000 Throckmorton Dallas, TX 75201 Fort Worth, TX 76102 Natural Gas Pipeline License Agreement(Sycamore Park and Cobb Park[ I IISR- 009.00,01 1.00,1200.13.00,16.00,17.00,17.01.01.1 8.0021.00,21.00.04 15. NON-DISCRIMINATION COVENANT. Company shall not discriminate against any person on the basis of race, color, national origin, religion, handicap, sex, sexual orientation or familial status in the receipt of benefits from Company's business operations, in any opportunities for employment with Company or in the construction or installation of the Pipeline. 16. NO WAIVER. The failure of the City to insist upon the performance of any 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. 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. Natural Gas Pipeline License Agreement JSycamore Park and Cobb Parkl- H 1 S R 009.00,01 L 00,12.00,13.00,16.00,17.00,17.01.01,18.0021.00,21.00.04 20. FORCE MAJEURE. In the event Company's performance of any of the terms, conditions or obligations required by this Agreement is prevented by a cause or event that is not within Company's reasonable control, Company's non-performance shall be deemed excused for the period of such inability. Causes or events that are not within the Company's control shall include, but not be limited to, acts of God, strikes, sabotage, riots or civil disturbances, failure or loss of utilities, explosions and natural disasters. 21. HEADINGS NOT CONTROLLING. Headings and titles, other than those captions in Section 1, that are used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 22. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Company as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with the terms and conditions of this Agreement. This Agreement shall not be amended unless agreed to in writing by both parties and approved by the City Council of the City. EXECUTED as of the later date below: CITY OF FORT WORTH: TEXAS MIDSTREAM GAS SERVICES,L.L.C. By: By: - usan lapis obert?S.fPurgason t City Manager Chief Operating Officer Date:— :7111 III Date: 1-4 -11 APPROVED AS TO FORM AND LEGALITY: By: (A_ � ri Attested by: Assistant City Attorney M&C: Marty Hendrix, ity Secret " ;� Natural Gas Pipclinc Licensc Agr ACKI"AaR d C• bb parks � SR—009-00,011.00,12.00,13.0 14 1�{� gVIQREQI�R�6 1.00.21.00.04 FT.WORTH, TX ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on this day of c , 2011, by Susan Alanis, Assistant City Manager of the City of Fort Worth, Texas, a municipal corporation, on behalf of the City of Fort Worth, Texas. ..�....�., Notary Public, State of Texas UNDA M.HIRRLINGER MY COMMISSION EXPIRES NebRWY 2,2014 My commission expires: x)l My commission number: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Natural Gas Pipeline License Agreement ISycamorc Park and('obb ParkJ- I IIS13- 009.00,01 1.00,12.00,13.00,16.00,17.00,17.01.01,18.0021.00,2 1.00.04 ACKNOWLEDGMENT THE STATE OF OKLAHOMA § COUNTY OF OKLAHOMA § This instrument was acknowledged before me on this day of , 2011, by Robert S. Purgason, Chief Operating Officer, for Texas Midstream as rvices, L.L.C. an Oklahoma limited liability company, on behalf of said company. of u ,�of TXs 0&1e o^ma ````\�,• N• DO(IT�i.,,��, AR My commission expires: - 100048 _ eXP.Oro IA 61AA''O�` My commission number:1000-L'Sa P 0n u�O ��\\\� E RECORD RETARY THS TX Natural Gas Pipeline License Agreement JSycamore Park and Cobb Park 11ISR - 009.00,011.00,12-00,13.00,16.00,17.00,17.01-01.18.0021.00,21.00.04 EXHIBIT "A" License Agreement Area Natural Gas Pipeline License:Agreement ISvcamure Park and Cobh Park H I SB-009.00.01 L 00.12.00.13.()0.16.00.17.0(1.17.01 0 L 18.002 L 00.2 L 00.04 r_r_j r_ r r r-r r r r r r r r Z z-- t �yi- l (nA W N�p(0(A�i0, nAE,N� L1LEV m N ' w V1C' N 88 59'48 n cu ZZZ (AOzzOZZNNZZZfI*aI s D r 1105.46 Z 0 v (A N O V D O wrn;G &; o, _ ornCbrn n� > ' rn o _ 3 6O �WOOC.IAA W� O(i+O�Z ��:*5777� n N O\1 �y El r (nW n O 3 OONOO (2 W L0 N O(0ON C7 D' N r (n NW CnA W �N A O Cn Cn WAC.+(T N to N n� Ni D (J CD V W(O A W A�i 0)V CA O W CA W CO tf —u v m_w—W �_ V y O : frTl Q mgm mm��� ��mm m i $,�<� ' ['vim _ to o v /r •'� O F A N N A I Cm/17➢.7 1 I s O N(O O W V V O(P N Of N 01 CJ1"� 1 N I /N V (D O W W W N01A A 01 O(A 01 O(nN D I N O co 0�(A (T(A (A�(5 V tO fJ C� LZ.I I 11 N� l O O_(O W O c0 W CA W(( N.-(A�CO I(R m _ Ln rrrrrrrrr-r�jr-r N(N,, r ��N -P NNNN NNNNNN Z CDS II X N .ZO7�O 0 Ix-` (O (A V(P (T A W N O 0(A�I 2 fTl � I �� O � N Z(n Z C!)Z Z z N N N N_(7)E .N. 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City of Fort Worth,Sycamore Park John Davis Survey,Abstract 418 Tarrant County,Texas TX-TARR-HISS-009.00 METES AND BOUNDS DESCRIPTION FOR A 20 FOOT WIDE LICENSED AREA, 200'X 235'TEMPORARY WORKSPACE(AREA 1 AND 2)AND A 25 FOOD WIDE TEMPORARYACCESS(AREA 3) Being a 0.81 acre tract of land(Licensed area),and a 0.35 acre tract of land(Temporary Workspace Area 1),and a 0.28 acre tract of land(Temporary Workspace Area 2),and a 0.22 acre tract of land(Temporary Access Area 3),situated in the John Davis Survey,Abstract 418,Tarrant County,Texas,being a portion of a tract of land described in deed to City of Fort Worth,Sycamore Park as recorded in Volume 343,Page 228 and Volume 914, Page 472,Deed Records,Tarrant County,Texas,said 0.81,0.35,0.28 and 0.22 acre tracts,as shown on the accompanying plat,being more particularly described by metes and bounds as follows: 20 FOOT WIDE LICENSED AREA COMMENCING at a concrete monument found(controlling monument)at the southwest corner of Lot iR,Block A of Seibold Addition,an Addition to the City of Fort Worth,according to the Plat thereof recorded in Volume 388- 210,Page 91,Plat Records,Tarrant County,Texas and being in the north right of way line of Rosedale Street,and being in the easterly line of a tract of land described in deed to Texas Department of Transportation recorded in Volume 3396,Page 617,Deed Records,Tarrant County,Texas. THENCE with said boundary line of Seibold Addition tract and said City of Fort Worth,Sycamore Park tract,South 81°39'58"East 388.19 feet to the POINT OF BEGINNING,and being on curve to the right having a radius of 4258.46 feet,and a chord which bears North 09°12'46"East 1072.28 feet; THENCE leaving said boundary line and crossing said City of Fort Worth,Sycamore Park tract the following courses and distances: ➢ with said curve to the right 1075.13 feet to the end of said curve; ➢ North 19°12'59"East 462.29 feet; ➢ North 16°00'33"West 215.99 feet to a point in the northern boundary line of said City of Fort Worth, Sycamore Park tract and on the south right of way line of Vickery Boulevard; THENCE with said boundary line of City of Fort Worth,Sycamore Park tract and said right of way line of Vickery Boulevard,North 88 159'48"East 20.71 feet to a point from which a 5/8 inch iron rod found,bears North 88°59'48"East along said boundary line of City of Fort Worth,Sycamore Park tract and right of way line Vickery Boulevard,also along the northern boundary line of a tract of land described in deed to City of Fort Worth, as recorded Volume 416,Page 187,Deed Records,Tarrant County,Texas,1105.46 feet and North 00°43'11"West 0.52 feet; THENCE leaving said boundary line and crossing said City of Fort Worth,Sycamore Park tract the following courses and distances: ➢ South 16°00'33"East 216.98 feet; ➢ South 19°12'59"West 468.15 feet to the beginning of a curve to the left having a radius of 4238.46 feet, and a chord which bears South 09°11'40"West 1068.97 feet; ➢ with said curve to the left 1071.82 feet to the end of said curve; ➢ North 81°39'58"West 20.12 feet to the POINT OF BEGINNING,and containing 0.81 Acres of land,more or less. VARIABLE WIDTH TEMPORARY WORKSPACE(AREA 1) COMMENCING at a concrete monument found(controlling monument)at the southwest corner of Lot iR,Block A of Seibold Addition,an Addition to the City of Fort Worth,according to the Plat thereof recorded in Volume 388- 210,Page 91,Plat Records,Tarrant County,Texas and being in the north right of way line of Rosedale Street,and being in the easterly line of a tract of land described in deed to Texas Department of Transportation recorded in Volume 3396,Page 617,Deed Records,Tarrant County,Texas.; THENCE North 27°23'57"East crossing said City of Fort Worth,Sycamore Park tract,1510.14 feet to the POINT OF BEGINNING; TX-TARR-HISB-009.00-REVE Field notes to occompony plot Page 3 of 3 THENCE crossing said City of Fort Worth,Sycamore Park tract the following courses and distances: ➢ North 19°12'59"East 103.13 feet; ➢ North 16°00'33"West 93.89 feet; ➢ North 73°59'27"East 20.00 feet; D South 61°09'57"East 38.36 feet; ➢ South 19°12'59"West 47.15 feet; ➢ South 16°00'33"East 34.67 feet; South 64°11'55"East 52.37 feet; South 89°59'58"East 34.62 feet; South 00°00'06"West 101.20 feet; ➢ North 90°00'00"West 74.83 feet; ➢ North 01°04'44"East 22.46 feet; North 85°38'43"West 62.46 feet to the POINT OF BEGINNING,and containing 0.35 Acres of land,more or less. VARIABLE WIDTH TEMPORARY WORKSPACE(AREA 2) COMMENCING at a concrete monument found(controlling monument)at the southwest corner of Lot 1R,Block A of Seibold Addition,an Addition to the City of Fort Worth,according to the Plat thereof recorded in Volume 388- 210,Page 91;Plat Records,Tarrant County,Texas and being in the north right of way line of Rosedale Street,and being in the easterly line of a tract of land described in deed to Texas Department of Transportation recorded in Volume 3396,Page 617,Deed Records,Tarrant County,Texas. THENCE North 25°10'24"East crossing said City of Fort Worth,Sycamore Park tract,1585.58 feet to the POINT OF BEGINNING; THENCE crossing said City of Fort Worth,Sycamore Park tract the following courses and distances: North 14°43'07"West 66.89 feet; D South 70°44'46"West 94.13 feet; D North 58°01'14"East 116.53 feet; D South 16°00'33"East 172.89 feet; ➢ South 83°39'44"West 33.69 feet to the POINT OF BEGINNING,and containing 0.28 Acres of land,more or less. 25 FOOT WIDE TEMPORARY ACCESS(AREA 3) COMMENCING at a concrete monument found(controlling monument)at the southwest corner of lot 1R,Block A of Seibold Addition,an Addition to the City of Fort Worth,according to the Plat thereof recorded in Volume 388- 210,Page 91,Plat Records,Tarrant County,Texas and being in the north right of way line of Rosedale Street,and being in the easterly line of a tract of land described in deed to Texas Department of Transportation recorded in Volume 3396,Page 617,Deed Records,Tarrant County,Texas. THENCE North 20°51'17"East crossing said City of Fort Worth,Sycamore Park tract,1353.24 feet to the POINT OF BEGINNING; THENCE crossing said City of Fort Worth,Sycamore Park tract the following courses and distances: ➢ South 58°01'14"West 365.70 feet; ➢ North 26°01'23"West 46.52 feet; South 83°49'34"East 34.43 feet; ➢ North 58°01'14"East 346.25 feet; ➢ South 05°30'27"East 27.93 feet to the POINT OF BEGINNING,and containing 0.22 Acres of land,more or less. Field notes to accompany plat. All data based on Texas State Plane Coordinate System,North Central Zone Grid,NAD 83(2002). CP���or�ToLa S ........ TED B.HARP .. ..r.. Ted B.Harp,R.P.L.S. 2002 ti 9 2002 03/24/2011 EIS'•-' � Revised 04/01/2001 `fin ;....•V�0 TX-TAR R-H I S B-009.00-REV E Field notes to accompany plot EXHIBIT "A" TARRANT COUNTY, TEXAS TX—TARR—HISB-010.00 JOOC;IGNJDGQM[13�3NJG3�IC19 ROSEDALE STREETS ao"a9a -- S . . . 81-39'58" E- S '58' E • R 20.17' 9.98 R T D 00'46'57" ' D 00 43 23' R=4258.44' •R=4238.44 A=58.15' ' -o'�'A=53.49' C6=N 00'30'17" E .CB=S 00'29'56" W 1 C=58.15' .LC=53.49' I '1'P 1RF \ S 10'05'28 E 1 I 1 32.69;' 120 LJCENSED AREA 1 Z R=1246.30' A=27.77' CB=N 07'58'32" E' I o C=27.77' r-)XL-4.-x I ( D=03'23'29" % \ R=1246.30' x-x-x-x� TX—TARR—HISB-010.01 'o A=73.77' TX—TARR—HISB-011.00 CB=S 05.38'29" W CITY OF FORT WORTH 4. I LC=73.76' TR-3A \ VOL. 993, PG. 168 D.R.T.C.T. TX—TARR—HISB-011.01 DANG CONG HUYNH ss , (CALLED 4.191 ACRES) VOL 9610,PG. 1533 1 l D.R.T.C.T. 11 1. LEGEND. QD OF.7- P.O.Ei. = POINT OF BEGINNING �;•P.O.C. = POIN T OF COMMENCING L.A. = LICENSED AREA ••••••••••••••�•••••T.W.S. = TEMPORARY WORKSPACE .HARP_ ...............t.....= ROD OUND UNLESS OTHERWISE NOTED 02 p DRTCT = DEED RECORDS, TARRANT COUNTY, TEXAS SStO?PRTCT = PLAT RECORDS, TARRANT COUNTY, TEXAS ..R = PROPERTY LINE UAVE�Oe C.I.R.F. = CAPPED IRON ROD FOUND TOTAL LINEAR FEET: 123.0' C�� 20' LICENSE AGREEMENT = 0.057 ACRES -:�4 TED B. HARP, SR. REGISTERED PROFESSIONAL LAND SURVEYOR 0' 20' 40' 80' NO. 2002 TITLE INFORMATION PROVIDED BY TEXAS ALL DATA BASED ON TEXAS STATE PLANE MIDSTREAM GAS SERVICES, LL.C. COORDINATE SYSTEM, NORTH CENTRAL ZONE GRID NO OTHER UTILITY OR EASEMENT RECORD SCALE: 1" = 40' NAD 83 (2002). RESEARCH WAS TECHNOLOGIES, INC.FAND ES NOTLINC UDED IN Scale intended for legal size(8.5'X14") PUT TO ACCOMPANY FIELD NOTES. THIS SCOPE. PAGE 1 OF 2 t e X S MIDSTREAM �RCPCSED S & B TO HICKMAN 'ROSS'.NG PRCPER-Y OF REV CA-E BY DESCRIP oN cHK- 'I-' OF FORT WOR H PROJEC— NO. 'ARRANT COUNTY, TEXAS .IS Sm.cr Te1n1o1K,c Corp mt DRAWN B": RM PEqTX-TARR-H1SB-011.00 DWG. NO. REV. Fon 6801 WorM,T Ra. CHECKED 3Y: TBH TX-T.AKR-HIcB-010.0! 17 Worth,Tac35)6116 g"=<6.5�° SCALE: 1"-40' Page 2 of 2 Texas Midstream and Gas Services City of Fort Worth John Davis Survey,Abstract 418 Tarrant County,Texas TX-TAR R-H ISB-010.01-011.00 METES AND BOUNDS DESCRIPTION FOR A 20 FOOT WIDE LICENSE AGREEMENT Situated in the John Davis Survey,Abstract 418 in the City of Fort Worth,Tarrant County,Texas,being a portion of a tract of land described in deed to the City of Fort Worth by deed recorded in Volume 993, Page 168,Deed Records of Tarrant County,and being more particularly described by metes and bounds as follows: 20 FOOT LICENSE AGREEMENT COMMENCING at a 1/2 inch iron rod found(controlling monument)at the northeast corner of said City of Fort Worth tract and the northwest corner of a called 4.191 acre tract of land described in deed to Dang Cong Huynh recorded in Volume 9610,Page 1533,Deed Records,Tarrant County,Texas,and being in the south right-of-way line of Rosedale Street; THENCE South 81°39'58"East,along the north line of said city of Fort Worth tract and the south right- of-way line of said City of Fort Worth tract,9.98 feet to the POINT OF BEGINNING,said point being the beginning of a curve to the left having delta angle of 00°43'23"and a radius of 4238.44 feet; THENCE crossing said City of Fort Worth tract an arc distance of 53.49 feet and a chord bearing and distance of South 00°29'56"West,53.49 feet; THENCE South 10°05'28"East,32.69 feet to a point in the east line of said City of Fort Worth tract and being in the west line of said called 4.191 acre tract,said point being in a curve to the left having a radius of 1246.30 feet,and a delta angle of 03°23'29",from which a 1/2 inch iron rod(controlling monument) found in a curve to the right a radius of 1246.30 feet,a delta angle of 01*16'37",an arc distance of 27.77 feet,a chord which bears North 07°58'32"East,27.77 feet; THENCE along the east line of said City of Fort Worth tract and the west line of said called 4.191 acre tract and along said curve to the left an arc distance of 73.77 feet and a chord bearing and distance of South 05°38'29"West,73.76 feet; THENCE North 10°05'28"West,crossing the said City of Fort Worth tract,105.47 feet to beginning of a curve to the right having a radius of 4258.44 feet,and a delta angle of 00°39'58"; THENCE crossing said City of Fort Worth tract an arc distance of 58.15 feet and a chord bearing and distance of North 00°46'57"East,58.15 feet to a point in the north line of said City of Fort Worth tract and being in the south right-of-way line of said Rosedale Street; THENCE South 81°39'58"East,along the north line of said City of Fort Worth tract and the south right- of-way line of said Rosedale Street,20.17 feet to the POINT OF BEGINNING and containing 0.057 acres of land more or less,the plat of which(Exhibit"A")is incorporated by reference herein. All data based on Texas State Plane Coordinate System,North Central Zone Grid NAD 83(2002) Field notes to accompany plat tE 0 F TF�, G�SSFq�4tP Ted �Harp, .P.L.S 2002 01/07/2011 ....::. ................. ..»..... TED B.HARP ..f.. .. ... ................ ... 2002 �Pr op EVO TX-TA R R-H 15 B-010.01 011.00 g46 SURV Field notes to accompony sketch EXHIBIT A" TARRANT COUNTY, TEXAS P.009 T.W-& I AO�ME DD G�V'7�3 5NJG3M�7G P. C.P.E. 1 MONUMENT - 5/8' IRF TX-TARR-HIS -01 1.02 RD ----- AVENUE G P.o.d.SNA& -w- �w_w_w- ACCEPT TPACT *� L (PLAT E. MORPHY STREET) IRFF SIDEWALK c1 I- * N P.O.C.Lx!1 I ---�---�-- LOT 8 1 LOT 9 LOT 10 �® LOT i I I o LOT 7 (TX-TARR-HISB-011.0 -- TARRA T MUNTY WATER TIFbL & -y C14 IMPROVEMENT DISTRICT NO. 1 I VOL 2304, PG. 603 LOT 11 LOT 2 ` n I _.COL. 2315, PG. 496 n 1 I 1 <1 I \ m a /1` �J�/ D.R.T.C.T. N ° - �- N/ LOT 3-9 ® W LOT 6 C.F. GILCHRIST SUBDIVISION s O o n LLJ I CLJ I p lT �i H VOL 1417.PO 1 . I I VI a+ pQ'es 3 Q. D 00 L27 O.R.T.GT. �`p 1 m S n do 0 Of ... �, LOTI 5 r"ZZ -�F,r<• --1 (/� ii Q} .pSW i LOT 4 X 61 �� rn� <o wg LOT 4 ® I J ( i LOT 3 1 e N Q 7 i r r--L- a6o'oo•w 23a.e9' LOT 5 I c LOT 2 SAVE & ACCEPT � L�9/ C i TX-T R-HISB-01 N L 'I TRACT -� 5/8 RF ON TARRANT COUNTY WATER CON 1 yy TROL OL & IMPROVEMENT STRICT w VOL- 5711, PG 512 D R C LOT 1&2 C.F. GILCHRIST SUBDIVISION I I VOL 1417•PO.1 I I LOT 1 D.R.T.OT. - Fsti1111 111 m�J l vN rn 06 I 1 z-x 1 F I C I 4 L3 5/8• IRF AVENUE H IRF ws PF C i1 -13. ' z u z \ \. TX-TARR-HISB-013.00 CITY OF FORT WORTH \ VOL 974,PG. 116 1 " D.R.T.C.\ �\ CURVE DELTA ANGLE RADIUS ARC LENGTH CHORD BEARING CHORD LENGTH LEGEND• C1 0'0823 1206.30 2.94' S 121535 E 2.94 P.O.B. = POINT OF BEGINNING C2 2'26'19' 1206.30 51.34' S 13'3256 E 51.34 P.O.C. = POINT OF COMMENCING C3 1'04.19- 589.49' 77.03' S 15'18'06' E 77.03' LA = LICENSED AREA C4 1'55'58' 629.60' 27.23' S 5746'34 E 2123' T.W.S. = TEMPORARY WORK SPACE C5 24'37 05" 589.49' 252.26' S 28'05 48" E 250.34' C6 7.24'15' SB9.49 14.45' S 41'4620' E 14.45 O = 1/2" IRON ROD FOUND UNLESS OTHERWISE NOTED C7 726'07'47 20.00 44.03' S 03.02'41'W 35.66 DRTCT = DEED RECORDS, TARRANT COUNTY, TEXAS C8 34605 629.60' 41.47' S 4639.56 E 41.40' PRTCT = PLAT RECORDS, TARRANT COUNTY, TEXAS LINE ISEARING DISTANCE LINE BEARING DISTANCE R PROPERTY LINE L7 737'05 W 19.78 L78 N 69'51'79'W 52.43' C.I.R.F. CAPPED IRON ROD FOUND L2 '0418'W 45.47 L79 N 00'0000'w 68.68 L3 51 79 W 75.01 L20 N 90'00"00'W 81.37 L4 '51 79'W 20.97'111 S 00'00 00 E 68.68L5 737 04'E 51.99'L22 N 89'51'19"W 27.50L6 37'04'W 38.57'L23 N 2727 57'W 19.87 • S_0 T`L L7 '04'18 E 45.47 L24 N 15'01'55'W 102.87' �Q;••'gT ? `L8 37 OS E 19.18'L25 N 0705'02' E 99.76' S:•irGR^711 1 L9 N 89'59'58'W 51.34'L26 N 15.12'22 W 63.10' L70 S 00'00'00' E 33.13'L27 N 90'00'00" E 35.41' ..................:..... L77 N 90'00'00'E 56.13'L28 N 00.00.00'W 50.34' T�Q p. L12 N 00'00.04'W 27.55'L29 N 90'00'00'W 34.31' ••••••.•t••-•• L1 S 45'57'17'W 74.05•L30 N 07'74'59 E 719.52' :'� 2002 Y; L74 4 N 70'4475 W -1.26'L31 S 89'7854' E 19.88 '•:90 L15 S 1737.04'W 34.44 L32 S 00.0000' E 24.24' •'-._J E,g j.0✓- L16 5 70'44'15 E 34.44 L33 N 90'00.00' W 24.24 1-77 S 1737'04•W 30.14 L34 N 00'0000'W 24.24' N� SUPyti�,�G' TOTAL LINEAR FEET: 45.19' L35 N 90'00'00• E 24.24' UCENSEO AREA - 0.005 ACRES (1) LICENSED AREA = 0.021 ACRES (2) TEMPORARY WORKSPACE 0.857 ACRES SAVE &ACCEPT TRACT = 0.014 ACRES 0' 50 100 200' REGISTERED PROFESSIONAL LAND RURVFYOjf TITLE INFORMATION PROVIDED BY TEXAS NO. 2002 L410STREAM GAS SERVICES, LLC. NO OTHER UTILITY OR EASEM ENT RECORD ALL DATA BASED ON TEXAS STATE PLANE COORDINATE RESEARCH WAS PERFORMED BY US SURVEY SCALE: 1" = 100' SYSTEM GR10. NORTH CENTRAL ZONE. TTHISHNSCOPGEES, INC.AND IS NOT INCLUDED IN Scale intended for legal size(8.5"x14") PAGE 1 OF 4 2 04/08/11 RM REVISE PER CHK REROUTE CAD t e X S MIDSTREAM 1 03/25/11 RM REVISE TO ADD LICENSED AREA CAD PROPOSED HICKMAN TO S&B, 24" PIPELINE CROSSING REV. DATE BY DESCRIPTION CHK_ CITY OF FORT WORTH ,L'S TAPRANT CC'JN TY. 'EXAS LIS Survey Technologies,Inc. DRAWN BY: OVM DATE. 0'-20-n DWG. NC. REV, 5801 Green Oaks Rd Fort Worth,TX 76116,817-246-5900 CHECKED BY TBH DATE: 01-20-11 TX-TARR-HISB-012.00 2 SCALE: I"=100' SEGMENT N0. 563350 Page 2 of 4 Texas Midstream Gas Services City Of Fort Worth John Davis Survey,Abstract 418 Tarrant County,Texas TX-TARR-HISB-012.00 METES AND BOUNDS DESCRIPTION FOR VARIABLE WIDTH LICENSED AREA(1) VARIABLE WIDTH LICENSED AREA(2) A VARIABLE WIDTH TEMPORARY WORK SPACE SAVE&ACCEPT TRACT Situated in the John Davis Survey,Abstract 418 in the City of Fort Worth,Tarrant County,Texas,being a portion of a tract described in deed to the City of Fort Worth recorded in Volume 989,Page 36,Deed Records of Tarrant County,Texas,and being more particularly described by metes and bounds as follows: VARIABLE WIDTH LICENSED AREA(1) COMMENCING a 5/8 inch iron rod found(controlling monument)in the south right-of-way line of Avenue G(per plat E.Morphy Street)and the east right-of-way line of Double Street,for the northwest corner of Lot 7 of C.F. Gilchrist Subdivision,an addition to the City of Fort Worth,according to the plat recorded in Volume 1417,Page 1, Deed Records,Tarrant County,Texas,and being a tract described in deeds to the Tarrant County Water Control& Improvement District No.1 recorded in Volume 2304,Page 603,Volume 2315,Page 496,Volume 2318,Page 457, Deed Records,Tarrant County,Texas; THENCE with the west line of Lot 7 and the east right-of-way line of said Double Street the following courses and distances: t Along a curve to the left having a radius of 1206.30 feet,and a chord which bears South 12°35'35"East 2.94 feet; D with said curve to the left 2.94 feet to the POINT OF BEGINNING,and being the beginning of a curve to the left having a radius of 1206.30 feet,a chord which bears South 13°32'56"East 51.34 feet; ➢ with said curve to the left 51.34 feet,being the beginning of a curve to the left having a radius of 589.49 feet,a chord which bears South 15°18'06"East 11.03 feet; ➢ along said curve to the left 11.03 feet to the end of said curve; THENCE crossing said City of Fort Worth tract recorded in Volume 989,Page 36,Deed Records of Tarrant County, Texas the following courses and distances: ➢ North 37°37'05"West 19.18 feet; ➢ North 04°04'18"West 45.47 feet to the POINT OF BEGINNING and containing 0.005 acres of land more or less,the plat of which(Exhibit"A")is incorporated by reference herein. LICENSED AREA(2) COMMENCING at a 5/8 inch iron rod found(controlling monument)at the southeast corner of said C.F.Gilchrist Subdivision,and being at the southwest corner of a tract of land described in deed to D.M.Towns recorded in Volume 11207,Page 829,Deed Records,Tarrant County,Texas,and being in the north line of a tract of land described in deed to The City of Fort Worth recorded in Volume 974,Page 116,Deed Records,Tarrant County, Texas; THENCE North 89°51'19"West with the south line of said C.F.Gilchrist Subdivision and the north line of said City of Fort Worth tract in Volume 974,Page 116,a distance of 75.01 feet to the POINT OF BEGINNING; THENCE North 89°51'19"West with the south line of said C.F.Gilchrist Subdivision and the north line of said City of Fort Worth tract in Volume 974,Page 116,a distance of 20.97 feet; THENCE North 09'30'27"East crossing said City of Fort Worth tract recorded in Volume 974,Page 116,Deed Records of Tarrant County,Texas 63.38 feet to the south line of Lot 1,of said Gilchrist Subdivision and being in a curve to the left having a radius of 629.60 feet,a chord which bears South 52'46'34"East 21.23 feet; THENCE with the south line of said Lot 1,C.F.Gilchrist Subdivision and said curve to the left 21.23 feet THENCE South 09°30'27"West crossing said City of Fort Worth tract recorded in Volume 974,Page 116,Deed Records of Tarrant County,Texas 38.57 feet to the POINT OF BEGINNING and containing 0.021 acres of land more or less,the plat of which(Exhibit"A")is incorporated by reference herein_ TX-TARR-HISB-012.00-Rev 2 Field notes to accompany sketch Page 3 of 4 VARIABLE WIDTH TEMPORARY WORK SPACE BEGINNING a 5/8 inch iron rod found(controlling monument)in the south right-of-way line of Avenue G(per plat E.Morphy Street)and the east right-of-way line of Double Street,for the northwest corner of Lot 7 of C.F.Gilchrist Subdivision,an addition to the City of Fort Worth,according to the plat recorded in Volume 1417,Page 1,Deed Records,Tarrant County,Texas,and being a tract described in deeds to the Tarrant County Water Control& Improvement District No.1 recorded in Volume 2304,Page 603,Volume 2315,Page 496,Volume 2318,Page 457, Deed Records,Tarrant County,Texas; THENCE with the west line of Lot 7 and the east right-of-way line of said Double Street and along a curve to the left having a radius of 1206.30 feet,and a chord which bears South 12°1535"East 2.94 feet; THENCE with said curve to the left 2.94 feet; THENCE crossing said City of Fort Worth tract recorded in Volume 989,Page 36,Deed Records of Tarrant County, Texas the following courses and distances: ➢ South 04°04'18"East 45.47 feet; ➢ South 37°37'05"East 19.18 feet to a point in the west line of Lot 7,and being in a curve to the left having a radius of 589.49 feet,and a chord which bears South 28°05'48"East 250.34 feet; THENCE with the west line of Lots 7,6,5,4,and 3,and the east right-of-way line of said Double Street and along said curve to the left 252.26 feet; THENCE crossing said City of Fort Worth tract recorded in Volume 989,Page 36,Deed Records of Tarrant County, Texas the following courses and distances: ➢ North 89°59'58"West 51.34 feet; ➢ South 00°00'00"East 33.13 feet; ➢ North 90°00'00"East 56.13 feet; ➢ North 00°00'04"West 27.55 feet to the west line of said Lot 3,and the east right-of-way line of said Double Street and being in a curve to the left having a radius of 589.49 feet,and a chord which bears South 41°46'20"East 14.45 feet; THENCE with the west line of Lot 3 and the east right-of-way line of said Double Street and along said curve to the left 14.45 feet to the common corner of said Lot 3 and Lot 2 and being the beginning of a curve to the right having a radius of 20.00 feet,and a chord which bears South 03°02'41"West 35.66 feet; THENCE with the west line of Lot 2 and Lot 1 and the right-of-way line of said Double Street and along said curve to the right 44.03 feet; THENCE South 45°57'17"West with the west line of Lot 2 and Lot 1 and the right-of-way line of said Double Street 14.05 feet to the common line of said Lot 1 and City of Fort Worth tract recorded in Volume 989,Page 36,Deed Records,Tarrant County,Texas,and being in a curve to the left having a radius of 629.60 feet,and a chord which bears South 46°39'56"East 41.40 feet; THENCE along said curve to the left 41.41 feet; THENCE crossing said City of Fort Worth tract recorded in Volume 989,Page 36,Deed Records of Tarrant County, Texas the following courses and distances: ➢ North 70°44'15"West 1.26 feet; ➢ South 17°37'04"West 34.44 feet; ➢ South 70°44'15"East 34.44 feet; THENCE South 17°37'04"West crossing said City of Fort Worth tract recorded in Volume 989,Page 36,Deed Records of Tarrant County,Texas 30.14 feet to the south boundary line of said City of Fort Worth tract recorded in Volume 989,Page 36,Deed Records of Tarrant County,Texas,the north boundary line of tract described in deed to the City of Fort Worth recorded in Volume 974,Page 116,Deed Records of Tarrant County,Texas; THENCE North 89°51'19"West,along the south boundary line of said City of Fort Worth tract recorded in Volume 989,Page 36,Deed Records of Tarrant County,Texas,and the north boundary line of said City of Fort Worth tract recorded in Volume 974,Page 116,Deed Records of Tarrant County,Texas 52.43 feet; TX-TARR-HISB-012.00-Rev 2 Field notes to accompany sketch Page 4 of 4 THENCE crossing said City of Fort Worth tract recorded in Volume 989,Page 36,Deed Records of Tarrant County, Texas the following courses and distances: ➢ North 00°00'00"West 68.88 feet; ➢ North 90°00'00"West 81.37 feet; ➢ South 00°00'00"East 68.68 feet to the south boundary line of said City of Fort Worth tract recorded in Volume 989,Page 36,Deed Records of Tarrant County,Texas,and the north boundary line of City of Fort Worth tract recorded in Volume 974,Page 116,Deed Records of Tarrant County,Texas; THENCE North 89°51'19"West,along the south boundary line of said City of Fort Worth tract recorded in Volume 989,Page 36,Deed Records of Tarrant County,Texas,and the north boundary line of said City of Fort Worth tract recorded in Volume 974,Page 116,Deed Records of Tarrant County,Texas 27.50 feet; THENCE crossing said City of Fort Worth tract recorded in Volume 989,Page 36,Deed Records of Tarrant County, Texas the following courses and distances: ➢ North 27°21'57"West 19.87 feet; ➢ North 15°01'55"West 102.87 feet; ➢ North 07°05'02"East 99.76 feet; ➢ North 15°12'22"West 63.10 feet; ➢ North 90°00'00"East 35.41 feet; ➢ North 00°00'00"West 50.34 feet; ➢ North 90°00'00"West 34.31 feet; ➢ North 01°14'59"East 119.52 feet to a point in the north line of said City of Fort Worth tract recorded in Volume 989,Page 36,and being in the south right-of-way line of said Avenue G(per plat E.Morphy Street); THENCE South 89°18'54"East,along the south right-of-way line of Avenue G(per plat E.Morphy Street)19.88 feet to the POINT OF BEGINNING and containing 0.857 acres of land more or less,save and except the following described tract; COMMENCING at a 5/8 inch iron rod found(controlling monument)for the northeast corner of said C.F.Gilchrist Subdivision,at the northwest corner of a tract of land described in deed to D.M.Towns recorded in Volume 11207, Page 829,Deed Records,Tarrant County,Texas,and being in the north line of a tract of land described in deed to The City of Fort Worth recorded in Volume 974,Page 116,Deed Records,Tarrant County,Texas and being in the south right-of-way line of said Avenue G(per plat E.Morphy Street); THENCE South 00°10'07"East with the east line of said C.F.Gilchrist Subdivision and the west line of said Towns tract 224.33 feet; THENCE South 90°00'00"West crossing C.F.Gilchrist Subdivision and said Double Street 220.89 feet to the POINT OF BEGINNING; THENCE crossing the City of Fort Worth tract the following courses and distances: ➢ South 00°00'00"East 24.24 feet; ➢ North 90°00'00"West 24.24 feet; ➢ North 00°00'00"West 24.24 feet; ➢ South 90°00'00"East 24.24 feet to the POINT OF BEGINNING and containing 0.014 acres of land more or less,leaving 0.843 acres,the plat of which(Exhibit"A")is incorporated by reference herein. All data based on Texas State Plane Coordinate System,North Central Zone Grid NAD 83(2002) Q Field notes to accompany plat Ted B.Harp,R.P.L.5 2602 01/20/2011 �P� �..r..... Revised 03/25/2011 Revised 04/08/2011 z o \ :..............................! HARP .OFf SS yN0 SURVEY�P TX-TARR-HlSB-012.00-Rev 2 Field notes to accompany sketch IWO 0 qD C) <,, >- 7 z W- :3 Z o:. C, Li CD LLB 0 F- 0 < a- LLJ: d z z 0 0 z P z C5 z 0. V) Z Elf 0 u 0 zo 0 z cr ?: >< wNo =w Z CN e N O d� 1110 0�3 0 co 0 T T co z 0 0 5 a�IiZanc l I 0 V)CO 0� "P w L� 0 -mj co C� w6 0 m °o .d > z io� 0 10 < < 0 @ > x y r 0 z 6 — m Lli a- u Z M > s 00,18,10" 332.57---------- S 00-18'10" E 160.29'1-1 < < Ll U 0 x < WIN > MOL z Q —jx 0 0 I x I 1 11 cc 11* 11 4 0 w <u z E� CL 0 cl —W—W—W—W w z < 0 13 0] O ao` / �/ / i x w LLJ u as< 10 Z (L ;;7 0 Z <da. V �i� V / n (v w tr ry U)Aa _0 U- 00 CN <z zn Li n 00(D (D C) -0 o6 co L) LO rl EN �D WL C3 z 14:i q rl�1p Lq Iq ll� yy <LO W w W MMm (O to W) im L to Mad 62,6� F— 3- Li 3; 3: 3: LLJ 00,0 L) '0 OJ m < CN�o x :,t. r r..q LO C)V) 00 LO n 0) 0 LO -t Ln M 0 N 00 WN _0 03 z (A z z z z z 0 m U ct: < "x N 0 uj LJ 5. > zo zo Li LO 0�E:03 v� 3 < 0-� Lo L) ZUU z m 0 cN N Z)I 7,MN 0 (6 Lri N N ZtiZVIO�Z 10 00 clq 0 rl 00 < z o c� Ln 00 (L D cr RE Lo m LU 03 z co z z z< o Z 0 E�, - ,�-) L Z:2mwoc, ('00 (A O�z 0,6 2:9 'M CU)as—11.0 7-oz < 0 < 7 L'i LLJ Lu Lu 3:: 3: Li 3: <Xzuo cr 0- Q�> o;s C) V) IL C� 'If 136 vi C) CW wz z < "L F— n r�)1) L-fn)LCI ou << x b ��7�.--- ",,n 0 <!0 00 — 00 — 7 < 0 U) Z.Z(nl(nlolz.L,) Lo L, ZI < �< 11 ly z- ��-,E�, 161 vi Z' L,-, ��<Z- - Z - 0 — (n am C,0 Lj 3� L 0 0 'o x cr Gm au m I on-a:,u Li Z��z Page 2 of 3 Texas Midstream and Gas Services City of Fort Worth John Davis Survey,Abstract 418 Tarrant County,Texas TX-TARR-HISB-013.00 METES AND BOUNDS DESCRIPTION FOR A 20 FOOT WIDE LICENSE AGREEMENT AND VARIABLE WIDTH TEMPORARY WORKSPACE Situated in the John Davis Survey,Abstract 418 in the City of Fort Worth,Tarrant County,Texas,being a portion of a tract described in deed to the City of Fort Worth recorded in Volume 974,Page 116,Deed Records of Tarrant County,Texas,and being more particularly described by metes and bounds as follows: 20 FOOT LICENSE AGREEMENT COMMENCING at a 1/2 inch iron rod found capped T.Vogt(controlling monument)at the northeast corner of Lot 8,Block 2,A.H.Fish Addition an addition to the City of Fort Worth according to the plat thereof recorded in Volume 388-L,Page 60,Plat Records of Tarrant County,Texas and the northeast corner of a tract described in deed to Fort Worth Land L.L.C.recorded in Instrument No.D208293962, Deed Records,Tarrant County,Texas,and being in the southwesterly right-of-way line of Mitchell Boulevard; THENCE North 89°51'14"West with the north boundary line of said A.H.Fish Addition,a distance of 296.51 feet to a point for the northwest corner of said Lot 8,Block 2,and being the northeast corner of said City of Fort Worth tract; THENCE South 00°18'10"East with the west boundary line of said A.N.Fish Addition and the east boundary line of said City of Fort Worth tract,332.57 feet to the POINT OF BEGINNING; THENCE South 00°18'10"East with the west boundary line of said A.H.Fish Addition and the east boundary line of said City of Fort Worth tract,21.13 feet to a point from which a 1/2 inch iron rod found capped T.Vogt(controlling monument)in the east boundary line of City of Fort Worth tract and the west boundary line of Lot 1,Block 2,A.H.Fish Addition,bears South 00°18'10"East 160.29 feet; THENCE leaving said boundary line and crossing said City of Fort Worth tract the following courses and distances: North 70°37'07"West 833.33 feet; ➢ North 17°37'04"East 82.98 feet to a point in the north boundary line of said City of Fort Worth tract and being in the south boundary line of a tract of land described in deed to City of Fort Worth,as recorded in Volume 989,Page 36,Deed Records of Tarrant County,Texas; THENCE South 89°51'19"East with the north boundary line of said City of Fort Worth tract recorded in Volume 974,Page 116,Deed Records of Tarrant County,Texas,and the south boundary line of said City of Fort Worth tract recorded in Volume 989,Page 36,Deed Records of Tarrant County,Texas, 20.98 feet; THENCE leaving said boundary line and crossing said City of Fort Worth tract the following courses and distances: ➢ South 17°37'04"West 71.38 feet; r South 70°43'03"East 806.77 feet to the POINT OF BEGINNING and containing 0.397 acres of land more or less,the plat of which(Exhibit"A")is incorporated by reference herein. TX-TARR-HISB-013.00-REV3 Field notes to accompany sketch Page 3 of 3 VARIABLE WIDTH TEMPORARY WORKSPACE COMMENCING at a 5/8 inch iron rod found(controlling monument)for the southwest corner of a tract of land described in deed to D.M.Towns recorded in Volume 3166,Page 423,Deed Records of Tarrant County,Texas,in the north boundary line of said City of Fort Worth tract recorded in Volume 974,Page 116,Deed Records of Tarrant County,Texas,and the southeast comer of a tract of land described in deed to City of Fort Worth,recorded in Volume 989,Page 36,Deed Records of Tarrant County,Texas; THENCE North 89°51'19"West with the north boundary line of said City of Fort Worth tract recorded in Volume 974,Page 116,Deed Records of Tarrant County,Texas,and the south boundary line of said City of Fort Worth tract recorded in Volume 989,Page 36,Deed Records of Tarrant County,Texas 95.99 feet to the POINT OF BEGINNING; THENCE leaving said boundary line and crossing said City of Fort Worth tract the following courses and distances: ➢ South 17°37'04"West 82.98 feet; South 70°37'07"East 112.50 feet; ➢ South 16°55'21"West 30.28 feet; ➢ North 70°59'17"West 104.22 feet; ➢ North 65°07'12"West 25.45 feet; ➢ South 10°08'42"East 96.37 feet; ➢ North 43°25'18"West 36.02 feet; North 57°13'36"West 36.73 feet; ➢ North 39°51'35"West 39.68 feet; ➢ North 06°09'49"West 34.56 feet; North 27°21'57"West 95.86 feet to a point in north line of said City of Fort Worth tract recorded in Volume 989,Page 36,Deed Records of Tarrant County,Texas,and the south boundary line of said City of Fort Worth tract recorded in Volume 989,Page 36,Deed Records of Tarrant County, Texas; THENCE South 89°51'19"East with the north boundary line of said City of Fort Worth tract recorded in Volume 974,Page 116,Deed Records of Tarrant County,Texas,and the south boundary line of said City of Fort Worth tract recorded in Volume 989,Page 36,Deed Records of Tarrant County,Texas,161.30 feet to the POINT OF BEGINNING and containing 0.447 acres of land more or less. All data based on Texas State Plane Coordinate System,North Central Zone Grid NAD 83(2002) Field notes to accompany plat OF�r�'�.g SQ�� aFO s Tell-B.Harp,R.P.L.S 2 2 :„.......,.,..»,,,„...;c_.,. 03/24/2011 TED .......5........I1P,�P L ... ....y..... Revised 04/07/2011 ;9 2002 lgyQ SURVE��Q TX-TAR R-HISS-013.00-REV3 Field notes to accompany sketch EXHIBIT "A" TARRANT COUNTY, TEXAS MATCH LINE 50' ADDRIONAL TEMPORARY WORKSPACE P.O.B. AX.T.W. 20' LICENSE r y� AGREEMENT VARIABLE WIDTH TEM FOMW J WORKSPACE (AREA 2) "\p.O.B. TX-TARR-HISB-018.00 T.W.2 CITY OF FORT WORTH 4 P.O.B. COBB PARK s T.W.1 VOL. 2376, PG. 348 4r N D.R.T.C.T. SS CO N -�i. .. j\ \-- n h 11ll11WU1ll11YY1 5/8'I.R.F i/2 ASS � (CONTROLLING P•O•B• --�y.S \� MONUMENT) z LA. -��-_ N 89'42'45' E 214.02' L1 ss� ss__ L ss'@ TX-TARR-HISB-018.0 P.O.C. \\ (REMAINDER OF) 5/8' I.R.F TARRANT COUNTY WATER �(g$, CONTROL AND IMPROVEMENT (CONTROLLING MONUMENT) \0 DISTRICT N0.1 �� \ 1 VOL 2437.M E24 7j p i'T �(i ��T GQoTo T�]OG�P�OM�NJG3NIG79 1113@TG3L @T MOo 916M Z ti c LINE IBEARING DISTANCE LINE BEARING DISTANCE L1 N 89'42'45" E 5.61'L17 N 61'42'56" E 181.05' L2 S 89'42'45" W 20.75'L18 N 28'17'46" W 656.77' L3 N 15'07'57" E 235.82'L19 S 88'20'13" E 49.77' L4 N 61'45'50" E 326.72'L20 N 00'16'52" E 14.38' L5 N 28'17'08" W 694.55'L21 S 28'17'08" E 694.55' L6 N 00'16'52" E 41.83'L22 S 61'45'50" W 326.72' L7 S 28'17'08" E 751.00'L23 IS 15'07'57" W 53.26' L8 S 61'42'52" W 338.20'L24 N 15'06'53" E 34.41' L9 S 15'06'53" W 221.63'L25 N 61'42'52" E 68.99' L10 N 34'23'57" W 12.42'L26 S 15'12'04" W 32.70' L11 S 64'03'29" W 22.66'L27 S 60'40'10" W 70.14' �E OF TC' L12 S 28'48'03" E 20.92'L28 N 15'09'29" E 347.64' �CP%GISTcF�gs L13 S 60'19'17" W 53.33'L29 S 28'17'46" E 72.65' 9 `�; � o L14 IN 15'12'04" E 183.15'L30 S 15'0904" W 294.94' ....:.. ......................:..... L15 S 74'47'56" E 85.00'L31 N 7447'56" W 50.00' TED$.HARP L16 N 15'12'04" E 31.64'L37 S 74'47'56" E 35.00' "'`'a°""""""""""s""' i9D 2002 �Q,: 0 .. �Na SURV'r�O TOTAL LINEAR FEET: 1284.09' 20' LICENSE AGREEMENT = 0.588 ACRES VARIABLE WIDTH TEMPORARY WORKSPACE: (AREA 1) = 1.243 ACRES (AREA 2) - 0.039 ACRES ADOITIONAL TEMPORARY WORKSPACE = 0.369 ACRES ACCESS EASEMENT - 0.032 ACRES REGISTERED PROFESSIONAL LAND SURVEYO TITLE INFORMATION PROVIDED BY TEXAS 0' 50' 100 200 NO. 2002 MIDSTREAM GAS SERVICES. L.L.C. ALL DATA BASED ON TEXAS STATE PLANE NO OTHER UTILITY OR EASEMENT RECORD COOROINATE SYSTEM, NORTH CENTRAL ZONE GRID RESEARCH WAS PERFORMED BY US SURVEY SCALE: 1 = 100' NAD 83 (2002). TECHNOLOGIES. INC.AND IS NOT INCLUDED IN THIS SCOPE. Scale intended for �legal size 1I8.5"X14' g 1 , PLAT i0 ACCOMPANY FIELD NOTES. PAGE 1 OF 7 4 4 07/11 OVM REV EASEMENT PER REROUTE TBH 3 3/25/11 OVM ADD TEMPORARY EASEMENT TBH MIDSTREAM 2 2/07/11 RM MOVED ACCESS EASEMENT TpH It e X _ S G A S S E R V I C E S 1 1/31/11 RM ACD ACCESS EASEMENT TDH PROPCSED S & B TO HICKNAN CROSSNG PRCPERTY OF REV DA"E By OESCRIP-'CN CHK Tv OF FORT '.NCR-H PROiLC NO. TARRAN" COUNT . `EXA¢ ,L' L'S S-ev Teenoao,-r ,,00,.,00., DRAWN H�: RM JA A fE. C1-C3-"I '�WG. NQ. REV. 6801 Green Oaks Fd. CHECKED Dr TBH 'E: 0'-03-n TX-TARR-HiSB-C16.00 F« WOnn•Teas]61:6 TX-TARR-HISB-017.00 4 E17 2d6-59DO SCALE: 1"=100' TX-TARR-HISB-018.00 EXHIBIT "A" TARRANT COUNTY, TEXAS 5/8•I.R.F \ i N 00'1 6'52" E Y� (CONTROLLING \ 47 81' ,i \ MONUMENT APPROXIMATE LOCATION OF SURVEY UNE TX-TARR-HISB-015.00 I i TARRANT REGIONAL WATER DISTRICT BUR C H I L_5$R 0 A D y�,,_u_y_ z \ VOL. 2331, PG. 294 '° SS i u-" DRTCT 1 L6 S 88'20'13" E L20 I Tt 42.74' \ \ ss\ \ R i 5/8•I.R.F 19 \ \ \\ I (CONTROLLING ��\ i I I MONUMENT) ss\i I I R R R, \ 1 \ TX-TARR-HISB-017.00 \ P\s\ /sS/ I CITY OF FORT WORTH I VOL. 1894, PG. 244 \ \ sS VOL. 2409, PG. 43 0 D.R.T.C.T. I IS P \ i I I ss \ y� s ��\ \\ C/p s 20'ETC EASE ENT ON(ASSIGNMENT `/���, ALONE HEIGHTS FROM CHEVRON ON v \ 0204394373 PRTCt) VOL. 309, PG. 7 \ % P.R.T.C.T i I 0@m N, 10MRR)WOW[E g I �YP�o� \ 20 LICENSE ss\s AGREEMENT \\s 1 I ss\i TX-TARR-HISB-016.00 / .. ( TX-TARR-HISB-018.00 CITY OF FORT WORTH VOL. 2376, PG. 348 / m I i D.R.T.C.T. /. . y \ \ I 04 MATCH LINE LEGEND: P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCING L.A. = LICENSE AGREEMENT T.W. = TEMPORARY WORKSPACE C�=jSTS '. AT.W. = ADDITIONAL TEMPORARY WORKSPACE 5•�4G9FO S O = 1/2" IRON ROD FOUND UNLESS OTHERWISE NOTED DRTCT = DEED RECORDS, TARRANT COUNTY, TEXAS •°•^••••••••••••••••••"•..... PRTCT = PLAT RECORDS, TARRANT COUNTY, TEXAS TED B.HARP R = PROPERTY LINE ••.0•'•""•'".•.•.""",•••t,".,• C.I.R.F. = CAPPED IRON ROD FOUND =9 2002 i LINEAR TOTAL 20' UCEN EAGR AGREEMENT 4=00.588 ACRES /J •OFFS S�4?Q VARIABLE WIDTH TEMPORARY WORKSPACE: D JURY tiYO (AREA 1) 1.243 ACRES (AREA 2) = 0.039 ACRES _ ADDITIONAL TEMPORARY WORKSPACE - 0.369 ACRES TED B. HARP, SR. ACCESS EASEMENT = 0.032 ACRES REGISTERED PROFESSIONAL LAN SURVEYOR TITLE INFORMATION PROVIDED BY TEXAS O' 50' 100' 200'NO. 2002 MIDSTREAM GAS SERVICES, L.L.C. ALL DATA BASED ON TEXAS STATE PLANE NO OTHER UTILITY OR EASEMENT RECORD COORDINATE SYSTEM, NORTH CENTRAL ZONE GRID RESEARCH WAS PERFORMED BY LIS SURVEY SCALE: 1" = 100' NAD 83 (2002). TECHNOLOGIES, INC. AND IS NOT INCLUDED IN THIS SCOPE. Scale Intended for legal SIZE(8.5"X14") PLAT TO ACCOMPANY FIELD NOTES. PAGE 2 OF 7 4 4/07/111 OVM REV EASEMENT PER REROUTE TBH 3 3/25/11 OVM ADD TEMPORARY EASEMENT TBH MIDSTREAM 2 2/07/11 RM MOVED ACCESS EASEMENT TDH t e X S G A S S E R V I C E S 1 1731/11 RM ADD ACCESS EASEMENT TDH PROPOSED S & B TO HICKMAN CROSSING PROPERTY OF REV. DATE BY DESCR.PTION CHK. CTY r;:RTJJC'=RTF PROJECT NC. (ARRANT COUN-Y, TEXAS T«m.m"L�ec C,. ,t— DRAWN BY RM CATE: 01-03_1' DW'G. NO, REV. 6801 GreenT Re. CHECKED BY: TBH DATE: 01-03-11 TX-TA4R-HISB-016.00 Fort worth,Texas 76116 TX-TARR-HISB-017.00 4 17 2465900 SCALE: 1"=100' TX-TARR-HISB..-018.00 I EXHIBIT "A" TARRANT COUNTY, TEXAS r,_ /Ss •L i _ c smMA O --- mss L s P. ss R � _ L L P^ 5 NTROLUNG /B•LR.F X, \ I X (C MONUMENT). LINE BEARING I DISTANCE Xi L32 S 13'16'49" E 25.90' 1 ; 1 Lp 1 1 L L33 N 88'09'30" W 43.62' I L34 N 12.12'04" W 50.68' L35 S 50'34'18" E 39.62' 1111 11 �_ 1 11 L36 S 88'09'30" E 17.77' 11 I I 1 1 20'ETC EASEMENT(ASSIGNMENT I I L 1 L7 FROM CHEVRON ON'x/2004 IN L 1 I Q•B•1 0204394373 PRTCT) C 1 In VARIABLE 1 ��p A E. WIDTH 1 1 \y ACCESS r 6 w 1 1 EASEMENT IQ sv 1 �� 5/8'LR.F 1 33 1 N 00'16'52" E (CONTROLLING 47.81',�°"�' \ MONUMENT APPROXIMAT 1 1 4 1 TX-TARR-HISS-015.00) BURCHIL ROAD TX-TARR-HISS-016.00 TARRANT REGIONAL WATER DISTRICT _SS ss 1 VOL. 2331, PG. 294 w CITY TX -HISB-018.00 1 DRTCT I R CITY OF FORT WORTH VOL. 2376, PG. 348 11 I L6 D.R.T.C.T. I t S 88'20'13" E L20 X 42.74' 1 5/8-LRY R IJ (CONTROLLING z I I MONUMENT) �\ • I I R R R I LEGEND, ` P.O.B. = POINT OF BEGINNING P.O.C. = POINT OF COMMENCING L.A. = LICENSE AGREEMENT %ST=R••:9,p T.W. = TEMPORARY WORKSPACE c?•��C� A.T.W. = ADDITIONAL TEMPORARY WORKSPACE O = 1/2- IRON ROD FOUND UNLESS OTHERWISE NOTED DRTCT = DEED RECORDS, TARRANT COUNTY, TEXAS TCJ B.HARP ••„ PRTCT = PLAT RECORDS, TARRANT COUNTY, TEXAS ••••�'•""""'••'•••••••••p• R = PROPERTY LINE =9 2efl2 �Z':• C.I.R.F. = CAPPED IRON ROD FOUND '':Oic VO,.•Q TOTAL 20' UCENSER FEET: AGR AGREEMENT 0.588 ACRES lgHO SS VARIABLE WIDTH TEMPORARY WORKSPACE: (AREA 1) = 1.243 ACRES (AREA 2) = 0.039 ACRES ADDITIONAL TEMPORARY WORKSPACE - 0.369 ACRES D B. HARP, R. ACCESS EASEMENT = 0.032 ACRES REGISTERED PROFESSIONAL LANO SURVEY TITLE INFORMATION PROVIDED BY TEXAS 0' 50' 100' 200'NO. 2002 MIDSTREAM GAS SERVICES, LL-C. ALL DATA BASED ON TEXAS STATE PLANE RE OTHER UTILITY OR EASEMENT RECORD COORDINATE SYSTEM, NORTH CENTRAL ZONE GRID RESEARCH WAS PERFORMED BY I SURVEY SCALE: 1" = 100' NAD 83 (2002). THIS SCOP TECHNOLOGIES, INC.AND IS NOT INCLUDED IN Scale intended for legal size 8.5"x14") g � PLAT TO ACCOMPANY FIELD NOTES. PAGE 3 OF 7 4 4/07/11 OVIJ REV EASEMENT PER REROUTE TBH 3 3/25/11 OVM ADD TEMPORARY EASEMENT TBH MIDSTREAM 2 2/07/11 RM MOVED ACCESS EASEMENT TDH t e x s G A S S E R V I C E S 1 1/31/11 RM ADD ACCESS EASEMENT TDH PRCPOSED S & B TO HICKMAN CROSS:NC PROPER-Y REV CATS BY DESCRIP^ON CHK. CI-v !;E FGR. 'A1O,?T-� PROJEC- NC. -ARRANT CCON-Y. TEXAS us s­yTK .1K,r.COrPOnn DRAWN B": RM DA-E: 01-C3-11 OW0. \C. REV. FW 6801 Vioen Oaks Re. CHECKED 3Y: TBH DATE: 01-C3-'.I TX--ARR-.-ISB-C16.3C FM w659Tera576115 TX-TARR-H SB-C17.00 4 '17-246 5900 SCALE: I"=100' TX-TARR-H SB--01.5.00 Page 4 of 7 Texas Midstream Gas Services City of Fort Worth(Cobb Park) John Davis Survey,Abstract 418,A.T.Thompson Survey,Abstract 1499 Tarrant County,Texas TX-TARR-HISB-016.00,017.00,018.00 METES AND BOUNDS DESCRIPTION FOR A 20 FOOT WIDE LICENSE AGREEMENT Situated in the John Davis Survey,Abstract 418 and the A.T.Thompson Survey,Abstract 1499 in the City of Fort Worth,Tarrant County,Texas,being a portion of a tract as described in deed to the City of Fort Worth by deeds recorded in Volume 2376,Page 348,Volume 1894,Page 244,Volume 2409,Page 43,Deed Records of Tarrant County,and being more particularly described by metes and bounds as follows: 20 FOOT LICENSE AGREEMENT COMMENCING at a 5/8 inch iron rod found(controlling monument)at the northeast corner of the remainder of a tract of land described in deed to Tarrant County Water Control&Improvement District No.1 recorded in Volume 2457,Page 624,Deed Records,Tarrant County,Texas; THENCE South 89°42'45"West,along the north line of said Tarrant County Water Control&Improvement District No.1 tract,a distance of 5.61 feet to a point for the POINT OF BEGINNING; THENCE South 89°42'45"West,along the north line of said Tarrant County Water Control&Improvement District No.1 tract,a distance of 20.75 feet to a point,from which a 5/8 inch iron rod found(controlling monument)in the northerly right-of-way line of Martin Luther King Freeway(U.S.Highway 287)bears South 89°42'45"West 214.02 feet; THENCE crossing the City of Fort Worth tract the following; North 15°07'57"East 235.82 feet; r North 61°45'50"East 326.72 feet; North 28°17'08"West 694.55 feet to a point in the east line of a tract of land described in deed to Tarrant County Water Control&Improvement District No.1 recorded in Volume 2331,Page 294,Deed Records, Tarrant County,Texas; THENCE North 00°16'52"East with the east line of said Tarrant County Water Control&Improvement District No.1 tract,a distance of41.83 feet to a point from which a 5/8 inch iron rod found(controlling monument)at the easterly northeast corner of said Tarrant County Water Control&Improvement District No.1 tract and being in the south right-of-way line of Burchill Road bears North 00°16'52"East 47.81 feet; THENCE crossing the City of Fort Worth tract the following; ➢ South 28°17'08"East 751.00 feet; South 61°42'52"West 338.20 feet; South 15°06'53"West 221.63 feet to the POINT OF BEGINNING and containing 0.588 acres of land more or less,the plat of which(Exhibit"A")is incorporated by reference herein. All data based on Texas State Plane Coordinate System,North Central Zone Grid NAD 83(2002) Field notes to accompany plat TX-TARR-HISB-016.00,017.00,018.00-REV4 Field notes to accompany sketch Page 5 of 7 Texas Midstream Gas Services City of Fort Worth(Cobb Park) John Davis Survey,Abstract 418,A.T.Thompson Survey,Abstract 1499 Tarrant County,Texas TX-TARR-HIS13-016.00,017.00,018.00 METES AND BOUNDS DESCRIPTION FOR A VARIABLE WIDTH TEMPORARY WORKSPACE(AREA 1) Situated in the John Davis Survey,Abstract 418 and the A.T.Thompson Survey,Abstract 1499 in the City of Fort Worth,Tarrant County,Texas,being a portion of a tract as described in deed to the City of Fort Worth by deeds recorded in Volume 2376,Page 348,Volume 1894,Page 244,Volume 2409,Page 43,Deed Records of Tarrant County,and being more particularly described by metes and bounds as follows: VARIABLE WIDTH TEMPORARY WORKSPACE(AREA 1) COMMENCING at a 5/8 inch iron rod found(controlling monument)at the northeast corner of the remainder of a tract of land described in deed to Tarrant County Water Control&Improvement District No.1 recorded in Volume 2457,Page 624,Deed Records,Tarrant County,Texas; THENCE South 89°42'45"West,along the north line of said Tarrant County Water Control&Improvement District No.1 tract,a distance of 26.36 feet to a point,from which a 5/8 inch iron rod found(controlling monument)in the northerly right-of-way line of Martin Luther King Freeway(U.S.Highway 287)bears South 89°42'45"West 214.02 feet; THENCE crossing the City of Fort Worth tract the following: ➢ North 15°07'57"East,182.56 feet to a point for the POINT OF BEGINNING; S North 34°23'57"West 12.42 feet; ➢ South 64°03'29"West 22.66 feet; South 28°48'03"East 20.92 feet; r South 60°19'17"West 53.33 feet; i North 15°12'04"East 183.15 feet; 9 South 74°47'56"East 85.00 feet; ➢ North 15°12'04"East 31.64 feet; i North 61°42'56"East 181.05 feet; ➢ North 28°17'46"West 656.77 feet to a point in the south line of a tract of land described in deed to Tarrant County Water Control&Improvement District No.1 recorded in Volume 2331,Page 294,Deed Records,Tarrant County,Texas; THENCE South 88°20'13"East with the south line of said Tarrant County Water Control&Improvement District No. 1 tract,passing a 5/8 inch iron rod found on line(controlling monument)at a distance of 42.74 feet and continuing a total distance of 49.77 feet; THENCE North 00°16'52"East with the east line of said Tarrant County Water Control&Improvement District No.1 tract,a distance of 14.38 feet to a point from which a 5/8 inch iron rod found(controlling monument)at the easterly northeast corner of said Tarrant County Water Control&Improvement District No.1 tract and being in the south right-of-way line of Burchill Road bears North 00°16'52"East 89.64 feet; THENCE crossing the City of Fort Worth tract the following; ➢ South 28°17'08"East 694.55 feet; i South 61°45'50"West 326.72 feet; i South 15°07'57"West 53.26 feet to the POINT OF BEGINNING and containing 1.243 acres of land more or less,the plat of which(Exhibit"A")is incorporated by reference herein. All data based on Texas State Plane coordinate System,North Central Zone Grid NAD 83(2002) Field notes to accompany plat TX-TARR-HISB-016.00,017.00,018.00-REV4 Field notes to accompany sketch i Page 6 of 7 Texas Midstream Gas Services City of Fort Worth(Cobb Park) John Davis Survey,Abstract 418,A.T.Thompson Survey,Abstract 1499 Tarrant County,Texas TX-TARR-HISB-016.00,017.00,018.00 METES AND BOUNDS DESCRIPTION FOR A VARIABLE WIDTH TEMPORARY WORKSPACE(AREA 2)AND FOR A 50 FOOTADDITIONAL TEMPORARY WORKSPACE Situated in the John Davis Survey,Abstract 418 and the A.T.Thompson Survey,Abstract 1499 in the City of Fort Worth,Tarrant County,Texas,being a portion of a tract as described in deed to the City of Fort Worth by deeds recorded in Volume 2376,Page 348,Volume 1894,Page 244,Volume 2409,Page 43,Deed Records of Tarrant County,and being more particularly described by metes and bounds as follows: VARIABLE WIDTH TEMPORARY WORKSPACE(AREA 2) COMMENCING at a 5/8 inch iron rod found(controlling monument)at the northeast corner of the remainder of a tract of land described in deed to Tarrant County Water Control&Improvement District No.1 recorded in Volume 2457,Page 624,Deed Records,Tarrant County,Texas; THENCE South 89°42'45"West with the north line of said Tarrant County Water Control&Improvement District No.1 tract 5.61 feet; THENCE North 15°06'53"East with the most southern southeast line of the permanent easement described herein 187.22 feet to the POINT OF BEGINNING; THENCE crossing the City of Fort Worth tract the following: ➢ North 15°06'53"East 34.41 feet; ➢ North 61°42'52"East 68.99 feet; ➢ South 15°12'04"West 32.70 feet; ➢ South 60°40'10"West 70.14 feet to the POINT OF BEGINNING and containing 0.039 acres of land more or less,the plat of which(Exhibit"A")is incorporated by reference herein. 50 FOOT ADDITIONAL TEMPORARY WORKSPACE COMMENCING at a 5/8 inch iron rod found(controlling monument)at the northeast corner of the remainder of a tract of land described in deed to Tarrant County Water Control&Improvement District No.1 recorded in Volume 2457,Page 624,Deed Records,Tarrant County,Texas; THENCE South 89°42'45"West with the north line of said Tarrant County Water Control&Improvement District No.1 tract,a distance of 26.36 feet to a point,from which a 5/8 inch iron rod found(controlling monument)in the northerly right-of-way line of Martin Luther King Freeway(U.S.Highway 287)bears South 89°42'45"West 214.02 feet; THENCE crossing the City of Fort Worth tract the following; ➢ North 15°12'04"East,182.56 feet; ➢ North 34°23'57"West 12.42 feet; ➢ South 64°03'29"West 22.66 feet; i South 28°48'03"East 20.92 feet; i South 60°19'17"West 53.33 feet; i North 15°12'04"East 183.15 feet; i South 74°47'56"East,35.00 feet to the POINT OF BEGINNING; THENCE continuing crossing the City of Fort Worth tract the following; i North 15°09'29"East 347.64 feet; South 28°17'46"East 72.65 feet; i South 15°09'04"West 294.94 feet; r North 74°47'56"West 50.00 feet to the POINT OF BEGINNING and containing 0.369 acres of land more or less,the plat of which(Exhibit"A")is incorporated by reference herein. All data based on Texas State Plane Coordinate System,North Central Zone Grid NAD 83(2002) Field notes to accompany plat TX-TARR-HISB-016.00,017.00,018.00-REV4 Field notes to accompany sketch i Page 7 of 7 Texas Midstream Gas Services City of Fort Worth(Cobb Park) John Davis Survey,Abstract 418,A.T.Thompson Survey,Abstract 1499 Tarrant County,Texas TX-TARR-HISB-016.00,017.00,018.00 METES AND BOUNDS DESCRIPTION FOR A VARIABLE WIDTH ACCESS EASEMENT Situated in the John Davis Survey,Abstract 418 and the A.T.Thompson Survey,Abstract 1499 in the City of Fort Worth,Tarrant County,Texas,being a portion of a tract as described in deed to the City of Fort Worth by deeds recorded in Volume 2376,Page 348,Volume 1894,Page 244,Volume 2409,Page 43,Deed Records of Tarrant County,and being more particularly described by metes and bounds as follows: VARIABLE WIDTH ACCESS EASEMENT COMMENCING at a 5/8 inch iron rod found(controlling monument),for the common corner of a tract of land described in deed to Tarrant Regional Water District by deed recorded in Volume 2331,Page 294,Deed Records of Tarrant County,Texas and the City of Fort Worth tract and being in the east right of way line of Cobb Park Drive, and being in the south right of way line of Maddox Avenue. THENCE South 13°16'49"East with the west line of said Tarrant Regional Water District tract and the east line of said City of Fort Worth tract 412.76 feet to the POINT OF BEGINNING; THENCE South 13°16'49"East with the west line of said Tarrant Regional Water District tract and the east line of said City of Fort Worth tract 25.90 feet, THENCE crossing the City of Fort Worth tract the following; ➢ North 88°09'30"West 43.62 feet; North 12°12'04"West 50.68 feet; ➢ South 50°34'18"East 39.62 feet; South 88°09'30"East 17.77 feet to the POINT OF BEGINNING and containing 0.032 acres of land more or less,the plat of which(Exhibit"A")is incorporated by reference herein. All data based on Texas State Plane Coordinate System,North Central Zone Grid NAD 83(2002) Field notes to accompany plat OTfi9F'}"gcp B.Harp, .P.L.52002 04/07/2011 TE� .. .... .......... � Oa2 o OQ,.. yD SURVEY TX-TARR-HISB-016.00,017.00,018.00-REV4 Field notes to occompony sketch 2nN0 5� X00 2 C) (n O n N N 1 C 1O O G �Z;o �Z a or m >;m SNdwp oa, To "mz p1���M;o E? 10 NN= D➢ Am A O ) 0' `Ind M—^'^—^—^— n- C) O Q yy N� oym o c n ^—n D m Z�K NZ =mm O N �y--fi t --__.— r- !Z >0;0 <-0 Nm W nQ y � 4 Om z� mo ADO `°� �� \ / a'_ O lu mom Nm ZI01 °m mn a2^D r�o\ \ D !I z0<z n0 zv - Z /-a s�cn�•a+V \ S5 \l� m °o N z�m _ ,ate s�-n �\ \¢ my n� Z 00 mN0 (n rn zr0 �D �D m N D.ZC7A N N z= �Z, z Gil p X r y 5, \ \�yO' jaVW�m rrrrr W N-. ? m N n N(N z Z�E Q _. A O \ \ O C \ \ A (T Ln(n O Z (n O C4 O W O m \ \ M .0 m rF) �D W N N --4 Z \tea C D W O D \ m Z7 TI v(n cn O m n eo o w \ \ m m \ \ m D Ir_ > \ \ O ao C =� a 0*¢ r m \ \ m Cn 0 C (A N nn \ f7 S m C n v C� \ Q °m -6 Dp m \ \ m LA Z O m CD Z _ OO m z t' ti. rn > co \ X �oa8 �� X CA QO cl lJ� o O \ \ °o �7 'm n m > y ,�/ �p.J n w trT,l x D A � v N o m m o D S no�., �dd� r�vo -HF 0 / �p� AA D III W < OA � o zD °per ! ��Om OW z CL 0 p No _ o ; �o o• c°z� tl II A tl II II II II m D° °D nf° z a zET os�� coo m z om-o -OZ?y mom 00 f O O z0 zN z ��OZ ADmm = z O C� o � : � m 0 > Nos \ =a^;ova m 9Fr9� mN�oo y Z C O N Vo �z °m ' y M N'v c•'� AAs-. �� m i A o� mo c:rn �y ,>o0 z O w O:' zz0m c� z� p s m N:=: rn.y 1z z Tz N y— o°- c�:o eD: a:n> C:Oz� O m . - � _ rn N z T j xm s Q < <m j N ~ N N � Page 2 of 2 Texas Midstream Gas Services Chesapeake Exploration,LP. City of Fort Worth,Cobb Park S.B.Hopkins Survey,Abstract 669 Tarrant County,Texas TX-TARR-HISS-021.00&.04 METES AND BOUNDS DESCRIPTION FOR A 20 FOOT WIDE LICENSED AREA Being a 0.377 acre tract of land(Licensed area)situated in the S.B.Hopkins Survey,Abstract 669,Tarrant County, Texas,being a portion of a tract of land described in deed to City of Fort Worth,Cobb Park as recorded in Volume 774,Page 51,Deed Records,Tarrant County,Texas,said 0.377 acre tracts,as shown on the accompanying plat,being more particularly described by metes and bounds as follows: ZO FOOT WIDE LICENSED AREA COMMENCING at a 5/8 inch iron rod found(controlling monument)at the southwest corner of said City of Fort Worth tract and being in the north right of way line of Glen Garden Drive,and being in the east right of way line of Old Mansfield Road; THENCE with said boundary line of said City of Fort Worth tract and right of way line of Old Mansfield Road, North 17°04'13"West 27.16 feet to the POINT OF BEGINNING; THENCE with said boundary line of said City of Fort Worth tract and right of way line of Old Mansfield Road, North 17°04'13"West 20.03 feet; THENCE leaving said boundary line and crossing said City of Fort Worth North 69°53'03"East 823.59 feet to a point in the easterly boundary line of said City of Fort Worth tract and the west right of way line of Cobb Park Drive; THENCE with said boundary line of said City of Fort Worth tract and right of way line of Cobb Park Drive, South 01°50'38"West 11.51 feet to the beginning of a curve to the left having a radius of 274.00 feet,and a chord which bears South 00°47'54"West 9.98 feet; THENCE along said curve to the left 9.98 feet to a point from which a 1 inch iron rod found in the east right of way line of Cobb Park Drive,bears North 83'16'56"East 70.04 feet; THENCE leaving said boundary line and crossing said City of Fort Worth North,South 69°53'03"West 816.78 feet to the POINT OF BEGINNING,and containing 0.377 Acres of land,more or less. All data based on Texas State Plane Coordinate System,North Central Zone Grid,NAD 83(2002). S�Q�GtSj Fieg..tX 9 »»a. ..»».....:........... ..... TED B.HARP » 9 2002... t.. Ted B.Harp,R.P.L.STed B.Harp,R.P.L.s. 2002 `9N SUAVE Q 01/17/2011 TX-TARR-HISB-021.00&.04 Field notes to accompany plat EXHIBIT "B" Open Trench and Boring Areas Natural Gas Pipeline License Agreement JS�camorc Park and(ohh Park) 1 1 1 5 13-009.O0.01 1 00.12.00.1300.16.00.17.00.17.01.01,18.Of 12 L 00,21 00,04 EX H I j- E!-,(' 0 (D C/) C-) 0 > 0 CL rrn (D CL II t 0 0 qq NJ 'A 0 BOULEVARD I A L- C� \jjCKER'y� ---,-,)I po �59'48 I Lp 1105-46 i. x 0 0 Cn w -W- -W-W- 'o U) U) -0 Ci N < n m-<C� F), OR PARK 0�k 0 I �j C� 0 C) "1 2 LL 0 L,) C6, < C/) r7 << -1 -x CD < o u) m 0 C, -j 00 > )r�7 cc C.,>-n �5uu r co-- (D E;: C�d 0-on X -u-u rr,m a :7-CT CC (OD > :7- -P,NJ;u 0 -n w * 0 0 JA 0 NJ 00 0 3 Fn cp CD T7 I / /y --i o M CD CD CD 0 0 L C)0 0 Q. CD cn > o If) > > O m z U) A Vol& > 0 m ,75 C-) tlD C, o_ 0 5t C 0 > N II x / �I I > n > -u0III > m F7 bi 0 0 0 cn S 81'39'58" F IAx (IOSEDA E ST 0 K: 80' R.Low.j �u > z u-u-u- m C) 0 K El K -0 00 m > Z 'u Z: �u �C) Z Z 11 C) CD cn n> < x M^ �3 RRGFILE n ORFTAIL k°= �a� ALIGNMENT $TATIGNINGd 7—ERS° _ RAVERSE ANGLES f OR1ZONTAL SCAL =100'VERTCA-SCALE=50 $s,- v .. A—LIE B USS € 88 Via.V>: . S' �� € Z �2 ;S" (` •Q .m v cr.rNEV u E[-uz. _F"anp;;a /O m ma D v�. I m OF g I E-E m .e.M 3 ! w eE. 3 f3; e. M.n SS+/ zExrn L-s,sn n a3,>ZSR — i-J I —E OF TII-1 v c ` .,e OF I z a 8 E OF % Etta OF OE OF SLOPE OF ELop, s y I I s J � a a a I :1 r—Ea.1-E �gewans m ; f v.E E 01 ssr°seas m °°8 Z usi --__�__� oznruo $� ask o SE_ _ne SO �Re rw SLOP. N �PoN OF .n 9 2 .ze=vl " .ex OFE 7—ewr 17 m_ 9 A p z p a R \ \1\ o e m 6 €b b€k tb k III {� .n m�exm Eel-G I egg. m E sxx x 4 X °w sxR scze I c- z U o at-ssem �� IF 7 x _ s....- 4 sE.E II ae m a A In s� I RI R v . B a S S Y 3 � � S ' F s 6, i F II I PROFILE aA� PIPE ALIGNMENT STAT,ONINGS DETAIL WNERSNI TRAVERSE 4NGiES SRIW NO. m PORIZ NTAL SCA_E B�-C Z VERTICAL SCALE=sc' P Y; N- °wP- wo >z evs I ^YGaSo ePaRi .°oog TO .0 `0 R 9 r O ` a a Eo.a xawosEO mswn,x 1 m Tp�jIP+% zv poo O ;4Ass �r i Sl - I e 8 �, 1 �.� ss snrF a auewux s I a B 8 � I ,'01ir srw sa � go ' - H a $ • —�-'s � ,AAa a«awe�NEix.o w. t-szs.s O a /;i' \w w\., 'KKrvrmumrCav saws o- Z °F °� F� D ! '��'� � 3°i;�!/'�r'�� � aim•w�* � ao`wN $ m ° / «w m .r m ' �wE>o ME = Ds \ I 1 M. 2>ET. ICA 'a Teo \�n;\ o0 o�,e E,EE,.;°w Er. � � 1 a ovm H $ �/ �/ l Il' w—E Tj - �� ! !b a '� �'// i•F--I I S .ea wowcw=a.F as� a i m a 'E.I,T,. " "a8 x s P0.0FILE ?An pEPIPE TAIL ALIGNMENT STATIONINGB OWNERSNI g^ M HORIZCN-AL SCALE=I00' °�I^ — —'— TRAVERSE ANGLES 8q/W NO. €g Z VE4�ICAL rg nqP a m - Nen cn D v o 8 T of DC m� g^ A 3 EmY. G F Z a y go g m 4 6 S g'° P m 'u, a _ s IR- •� oa« aEmcuE �wE�ca®. LON,c ewe me a sae n e'O a:Iga 8 s _ ti n Z aim �i3,°i i; � y m CD ! 8 H�� ,�a�urt fE•9.$ na rusx[case>un oxn2 666'�8�taq�s Y 3� ' 8 s - y a a eR•—.—. ���= aae x 3 uxEV.o..:a,o.µsFlOn.ow Gg m a Q xxaw.x.1,L. g m gJ yJ —�.N .. In 64 0 w7 „l'npo...V z a m A fie mgr•�x�c,RC a m fed 'w, °�uNe�M a a B P a E c uxs x� -NT N 8 3 4 Z a S 'a \ I .v rwa�ica wriiorcn�'1 iew,. gg ,.,,, m m:e L, a a a Z 8'e V \ '\ I' \U`• xoo cn.caN aus 1 gn s"""ss""�,"s 18€iBE. $" � � � �I o •\ 11�- fi � �� _. m .,,tee. x N I a ttaF e vl _..1_. --------- ---- .nna a sma. r+ s a Ste- . "gRES aOia m 3 frBa��" �j � s� =cb2 eY PROFILE alb DETAIL ALIGNMENT STATIONING& OWNERSNIP� TR ERSE l_ES R. 0. f` - m HoRIZGN TA'-SCALE > $Yo =$ VERTICAL SCALE=50' �Im NI "`z W _ °ass`- o 'A g'N NT > oe E 8 8 o k I�°�,.,,,.,i —__-- SBa�£ Dili H nP> gG 8N ^:g� a m i I'� m�oG. � Z .°®estorPll$A I IT.w. IT G8 J ° syrm mcn $� c84c Ex EnEna .. M � ?.• // A Z v.e 1-E rM ffsi§ $ Fa •r_,E g4 ;=IT IT I IT11111T \ •�\� y °�� w E a'v�o�wnr zn 8m 8 \ .$j `qiy. nrm amcr ul S°v .D.I y 1 I i1.-I I' v /%/ ,xous,vat•u E,. > •I ♦' /'/y f� u rT /;J� `�y�/�V / .e.xag,a:E. E.. C Rsse$ ms ���s A ; I'�I;. ✓�=alVi II I x� .wPO.wuET. .o Z j ...1 2T LT.NE :e,. T. LNE psi _.H ` e Ll, Vaa�eax E Ii E sI i ..o,r. ."..-gw T p w k a. . ET. ...� LT E8 _ Z I �i L R i 4 a 4 Z 8 I� I � ,T �' ✓//� ✓✓ E INE .ea mrE U.E w .° r 4 8= ; Lin III ID rn M I m _ ° 2F v� - bT3 r EXHIBIT "C" PARK RESTORATION AND RESEEDING SPECIFICATIONS Natural Gas Pipeline License Agreement[Sycamore Park and Cobb Parks-Page 28 of 28 111 S R—009.00,01 1.00,12.00,13.00.16.00,17.00,17.01.01,18.0021.00,21.00.04 1 1 SECTION 02300-EARTHWORK PART1 -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. 1.02 RELATED WORK SPECIFIED ELSEWHERE A. Section 02200- Site Preparation. 1 B. Grading Plan: Refer to plan sheets. 1.03 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. PART2 -PRODUCTS 2.01 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 which it is to be excavated. 2.02 UNCLASSIFIED FILL , A. Unclassified fill shall consist of all fill within the limits of the work. All suitable native 4 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." ,d 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 the completed graded width where the size of the rock prohibits their d incorporation in the normal embankment layers. 2.03 TOPSOIL- On-Site Topsoil: Topsoil shall consist of an average depth of six inches of native 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 (6'1 in depth. d a d EARTHWORK d 02300 S • 1 - 1 2.04 IMPORTED FILL R A. Imported fill materials shall be used for the construction of earth embankment 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. 1► 2.05 SELECT MATERIALS ` 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. 2.06 UNSUITABLE MATERIALS A. 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 fallowing 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 B. Unsuitable materials will be disposed of as "waste" as specified in Section 02200. C. Wet Material: If fill material is unsatisfactory for use as embankment 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 - 2- I PART 3-EXECUTION t 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 1 before excavation and embankment construction begin. Likewise,topsoil will be 1 replaced after excavation and embankment construction are complete. , B. Removal: Topsoil shall be stripped to an average depth of six inches from areas where excavation and embankment 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. e D. Timing: Topsoil will not be replaced(deposited) until 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 i earthwork (including slopes),except where pavement is planned. i 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 grade shall be reduced to less than one half inch(1-1/2")in diameter or they shall be removed. . All rocks of one inch or greater shall also be removed. Grading operations and equipment will be such that topsoil does not become overcompacted. Bulldozer blades 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 normal compaction. Areas of loose granular pockets or of overcompacted soils are not acceptable and will i be reworked. Finished areas will promote surface drainage and will be ready for . turfgrass planting. EARTHWORK 02300 . 3- SS S Z 3.03 UNCLASSIFIED EXCAVATION t 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 i 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. 3.04 EARTH EMBANKMENT j A. 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. B. General: Except as otherwise required by the plans, all embankment 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 embankment 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. C. Preparation: Prior to placing any embankment, all preparatory operations will have 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, which if exist, should be reworked. Proof rolling shall be performed using a heavy pneumatc tired roller, 7 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 y -4- 1 1 indicated on the plans or required by the Owner,the ground surface, thus prepared,shall 1 be compacted by sprinkling and rolling. D. Scarification: The surface of all areas and slopes over which fill is to be placed, other , than rock, shall be scarified to a depth of approximately six inches to provide a bond between the existing surface and the proposed embankment. Scarification shall be , accomplished by plowing, discing, or other approved means. Prior to fill placement,the loosened material shall be adjusted to the proper moisture content and recompacted to the density specified herein for fill. E. Benching: Scarification is normally adequate for sloping surfaces. However,in certain . cases where fill is to be placed against hillsides or existing embankment with slopes . greater than 4:1, the Owner may direct the Developer/Contractor to key the fill material to the existing slopes by benching. A minimum of two feet normal to the slope shall be removed and recompacted to insure that the new work is constructed on a firm . foundation free of loose or disturbed material. . F. Depositing: Fill material shall be placed in horizontal layers or lifts,evenly spread,not r to exceed eight inches(8'� in loose depth before conditioning and compaction. Unless is otherwise permitted,each layer of fill material shall cover the length and width of the i area to be filled and shall be conditioned and compacted before the next higher layer of t fill is placed. Adequate drainage shall be maintained at all times. G. Watering: At the time of compaction,the moisture content of fill material shall be such . that the specified compaction-will be obtained, and the fill will be firm,hard, and unyielding. Fill material which contains excessive moisture shall-not be compacted until it is dry enough to obtain the specified compaction. H. Compacting: Each layer of earth fill shall be compacted by approved tamping or . sheepsfoot rollers,pneumatic tire rollers, or other mechanical means acceptable to the . Owner. Hand-directed compaction equipment shall be used in areas inaccessible to vehicular compactors: I. Grading: Embankments shall be constructed in proper sequence and at proper . densities for their respective functions. All embankment serves in one capacity . or another as subgrade(e.g.,under topsoil, under concrete and asphalt pavement, under structures, etc.). Accordingly,the upper layer of embankment shall be graded to within plus or minus 0.10 foot of proper subgrade elevation prior to depositing topsoil, and prior to the construction of pavements,slabs, etc. 3.05 DENSITY CONTROL r A. Earth Embankment in General: Earth embankment shall be compacted in lifts at a minimum of ninety percent(90%)of Standard Density ASTM D698 with plus four . percent(4%) or minus two percentage (2%)points of optimum moisture content. B. Earth Embankment Under Structures and Pavement: The top six inches (6'D of natural earth comprising the subgrade for structural slabs or for areas of pavement shall be ninety five percent(95%) to ninety eight percent (98%) of Standard Density ASTM . EARTHWORK 02300 D698 with the moisture content at minus two percent(2%)to plus four percent(4%) of optimum. 3.06 MOISTURE MAINTENANCE: The specified moisture content shall be maintained in all embankments that are to function as subgrade for structures,areas of pavement, or for select embankment. After completion of the embankment,the Developer/Contractor shall prevent excessive loss of moisture in the embankment by sprinkling as required. Loss of moisture in excess of two percent(2%) below optimum in the top twelve inches (12'D of the fill will require that the top twelve inches (12")of the embankment be scarified, wetted, and recompacted prior to placement of the structure, select fill or pavement. If desired, the Developer/Contractor may place an asphalt membrane of emulsified or cutback asphalt over the completed embankment and thus eliminate the sprinkling requirement. (i 3.08 TOPSOIL REPLACEMENT: Topsoil shall be carefully placed to avoid any displacement or damage to the subgrade. If any of the subgrade is rutted, damaged or displaced it shall be } restored prior to placing topsoil. Topsoil shall be replaced as specified herein per Item 3.02. z f t END OF SECTION F I 1 1 t{ 1 'ARMWO�RK < < 02300 -6- f � i 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. I 1.02 REFERENCE STANDARDS r 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. 1.03 SUBMITTALS A. Seed 1. 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 2. If using native grass or wildflower seed,seed must have been harvested within one hundred(100) miles of the construction site. 3. All seed shall be tested in a laboratory with certified results presented to the City, in writing,prior to planting. i 4. 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. 5. Each species of seed shall be supplied in a separate, labeled container for acceptance by the City. i B. Fertilizer 1. Unopened bags labeled with the analysis 1 2. Conform to Texas fertilizer law 1.04 JOB CONDITIONS , A. 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. w B. Schedule after all other construction is complete. SECTION 02930-SFEDNG 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 03 'j 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./Acre Common Name Scientific Name. Puritv Germination 25 Bermuda(unhulled) Cynodon dacrylon 85% 90% 75 Bermuda(hulled) Cynodon dacrylon 95% 90% Substitute the following if planted between September 10 and April 15: 220 Rye Grass Lolium mulriJlorum 82% 80% 40 Bermuda(unhulled) Cynodon dacrylon 84% 85% 2 dative grass seed-The seed shall be planted behveen February 1 and October 1 and shall consist of Lbs. PLS/Acre Common Name Botanical Name SECTION 02930-SEED No -2- 1 16 Green Sprangletop Leptochloa dubia 40 Sideoats Grama* Bouteloua curtipendula 1 64 Little Bluestem* Schizachyrium scoparium 1 200 Buffalograss Buchloe dactyloides , 40 Indian Grass* Sorghastrum avenaceum , 16 Big Top Lovegrass* Eragrostis hirsuta 16 Weeping Lovegrass Eragrostis cw vula 1 80 Canada Wild Rye* 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. 3 Wildflower seed-All wildflower seeds are to be hand broadcast, ast (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 Coreopsts lanceolata 50 Bluebonnet Lupinus texensts 10 Pink Evening Primrose Oenothera speciosa 10 Purple Coneflower* Echinacea purpurea 20 Indian Blanket Gaillardia pulchella 10 Mexican Hat Ratibida eolumnaris 3 Maximillian Sunflower* Helianthus maximiliana 10 Winecup Callirhoe involucrata 10 Lemon Mint* Monarda citriodora 40 *These wildflowers are not to be planted within ten feet of a road or parking lot or within three feet of a walkway. 4. Temyorary erosion control seed 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. B. Mulch 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. 40 V SECTION 02930-SEEDINO V 3 00 C. Fertilizer 1. All fertilizer shall be delivered in bags or containers clearly labeled showing the analysis. 2. All fertilizer shall be in acceptable condition for distribution and shall be applied uniformly over the planted area. 3. 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 fertilizer 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. D. 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 of rainfall 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. E. Erosion Control Measures 1. For seeding application in areas up to 3:1 slope,use cellulose, fiber or recycled paper mulch, (see 2.0 1, 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 NEKING 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. G M SECTION 02930-SEEDING -4- PART 3—EXECUTION 1 3.01 SEEDED PREPARATION A. Clear Surface of All Materials, Such As: / 1. 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. B. Tilling i 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. 3.02 SEEDING A. If Sowing Seed By Hand 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. B. Mechanically Seeding(Drilling): i 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 (3/8'1 inch utilizing a pasture or rangeland i 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: 1. 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. d. Clay soils, sloping surfaces - minimum 3,000 lbs./acre. SFCTION 02930-SEF.DrNG i 5. "Flat"and"sloping"surfaces will be shown on the plans if not visually obvious. C. Apply within thirty(30) minutes after placement in equipment. Keep mulch moist,by daily water application, if necessary: 1. For approximately twenty-one(21)days,or 2. Until seeds have germinated and have rooted in soil, (see 3.04. B.2) and project has been accepted by the City. 3.04 MAINTENANCE AND MANAGEMENT A. Includes protection,replanting,maintaining grades and immediate repair of erosion damage until the project receives final acceptance. B. Replanting 1. Replant areas where a stand of grass or wildflowers are not present in a reasonable length of time, as determined by the City. 2. A"stand"shall be defined as: a. Bermuda/Rye grasses: Full coverage per square foot established within two to three(2-3)weeks of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. b. Native grass and wildflowers: eighty percent(80%) coverage of growing plants within seeded area within twenty-one days of seeding date on a smooth bed free of foreign material and rocks or clods larger than one inch diameter. END OF SECTION SFCT(ON 02930-SEEDING -6- 0z o & / / G2w / m m Kq2 ƒ / t $ = c � \ ) - k - / p9 $ 0 / � \ 0 7ggA /./ , q % 01 m \ I w § 5M \ * r- O « n �g / . � � 7f / -0 0 moo / ISO % R ? --j C-) \ » m0 MI > / R ? 2 » a - � $ o v . 0 . >-0 - R Z � CO . ¥ \ . 7 0 . m / 0 \» R w CD / \ / / \ \ o T _ : m ƒ 2 / / a o - * o = 2Q q � / k 000 2 � 2 ƒ $ ® / 2 / a \ R Q 2 > > / m3 0T � R / \ Tk f Imo °� o 10 0 / \ \ � 2 / / -n C- n 0mm k # m > f ƒ 0 . . ' � I k I mfg , • ° ' a ' \ g 2 \ � CR 0 ^` 0 + ® / / / / o 1 $ . ` � _ mo z w § ` k k \m \ . . . . . I / i > �/ m mo W* � k k-r O wo O 0- O • EXHIBIT "D" Tennis Court Repairs 'natural Gas Pipeline License :Agreement JSvcarnore Park and Cobh Park HISS-009.00.011.00.12.00.13.0).16.00.17.00.1701 01.18.0021-00.21.0003 TENNIS COURT REPAIRS 1. Company must hire a contractor specializing in the installation sports facilities. Contractor shall replace the entire tennis court pad in concrete as depicted on the attached exhibit. 2. Once the tennis court form work and rebar is inspected, then the Contractor shall schedule to pour the concrete (see attached exhibit). Court shall meet the requirements of United States Tennis Association (USTA) standards for slope, pitch etc... Once the concrete has cured then surface can be prepared for painting. Please note that prior to painting the other section the Contractor will need to clean the surface removing, dirt algae, mildew, etc. This will be done with a 3,500 PSI pressure washer. 3. Fill all cracks with crack filler as specified by the Parks Department Agent. Flood and patch will be done in accordance with USTA specs. Grind an smooth all repairs. 4. Surface is to be inspected by the Parks Department prior to painting. 5. Apply one texture coat of acrylic resurfacer with mesh silica sand on entire court (see detail exhibit). Type to be approved by Parks Department 6. Apply two color texture coats of Laykold using mesh silica sand as specified by the Parks Department Agent on entire court (see detail exhibit). 7. Apply Stripe courts with the same mesh silica sand as specified by the Parks Department Agent on entire court (see detail exhibit). 8. For the post you will need reset and apply a sealant to ensure water does not penetrate around post (see attached exhibit). TENNIS COURT TRUE PLANE DIAGRAM SLOPE REQUIREMENTS: SIDE TO SIDE BACKSTOP o 12' E 36'DOUBLES _ (10.973 m) N —Z ° r MINIMUM ;a r '= RECOMMEND � 27' SINGLES �++ I I ` (8.230 m) I BASE LINE -7 1"IN20'T01"IN30' H FAST DRY COURTS E CENTER t 2"(.051m) °0 MARK WIDE 12'MINIMUM T v 1%MAXIMUM (3.658 m) f z HARD COURTS is �r o ° H LO _ SERVICE LINE g o- ti� E N W W W Z Z Z v J W J ° m W W ° 3' N z _Lu (.914 m) MINIMUM O _ NET c NET O O E RECOMMENDED _ _� _ —� e n I� 3' uvw� w (.914 m) E c Z o a N o N W N H H Z ca Z N SERVICE LINE r E m ui CENTER MARK i BASE LINE 4"(.102 m) 4'6" 13'6" 13'6" 4'6" (1.372 m) (4.115 m) (4.115 m) (1.372 m) O MARKER FOR SINGLE STICKS LINE WIDTH: 2"SCM 4" 10 OR SINGLE NET POSTS NOTE: BASE LINES CAN BE 4"WIDE EXHIBIT "E" Pavement Repairs Natural Gas Pipeline I.iccnse agreement ISNcamore Park and C'ohh Parks I I IS 13-009 MO 1 1,00.12.00.13.00.16.00.17.00,1 7.01.01.18.0021,00.21 00.04 i City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved As Amended on 6/14/2011 DATE: Tuesday,June 14,2011 REFERENCE NO.: L-15213 LOG NAME: 80SYCAMORE CRK GOLF/SYCMORE PARK/COBB PARK(N—S)GAS PIPELINE SUBJECT: Conduct a Public Hearing and Authorize the Use of a Portion of the Subsurface of Sycamore Creek Golf Course, Sycamore Park and Cobb Park(North—South)for the Purpose of Installing a Twenty Four—Inch Natural Gas Pipeline and Authorize the Execution of a License Agreement with Texas Midstream Gas Services LLC, in the Amount of$334,775.22 (COUNCIL DISTRICT 8) RECOMMENDATION: It is recommended that the City Council: 1.Conduct a public hearing under the guidelines set forth by the Texas Parks and Wildlife Code,Chapter 26, Protection of Public Parks and Recreational Lands; 2.Find that no feasible or prudent alternative exists for the use of Sycamore Creek Golf Course, Sycamore Park and Cobb Park 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 Sycamore Creek Golf Course, Sycamore Park and Cobb Park as specified on the attached exhibits and as noted in the discussion below; 4. Close the public hearing and authorize the City Manager to approve the use of approximately 0.993 acres of dedicated parkland of Sycamore Creek Golf Course, approximately 0.81 acres of Sycamore Park and approximately 1.45 acres of Cobb Park for the installation of a twenty four—inch natural gas pipeline;and 5. Authorize the execution of a License Agreement with Texas Midstream Gas Services LLC,in the amount of$334,775.22. Per action taken at the June 14, 2011, Council meeting,this item was approved with the amendment stipulating that$82,932.00 be returned to Sycamore Park and$149,693.00 be returned to Cobb Park with the understanding that no specific mention is necessary for Sycamore Creek Golf Course since under the existing policies pipeline revenue stayed there. •Cobb Park—located at 1600-3000 Cobb Drive,Mapsco 77M, R, V, Z, and 78J,N, S and W, located south of Rosedale Street, north of Avenue G, west of Hall Street, bisected by Maddox Avenue, east of Duval Street, east of Cobb Park Drive West,east of Old Mansfield Road, bisected by Berry Street, east of Glen Garden Drive, north and west of Cobb Drive, and west of Burchill Road, in Council District 8. • Sycamore Park — 2525 E Rosedale Street, Mapsco 77M and 78J. located to the south of Vickery Blvd, west of Beach Street South. north of Rosedale St. and east of Sycamore Terrace. in Council District 8. Sycamore Creek Golf Course, Sycamore Park and Cobb Park are located in COUNCIL DISTRICT 8. FISCAL INFORMATION: The Financial Management Services Director certifies that the Parks and Community Services Department is responsible for the collection and deposit of funds due to the City. FUND C .NTF,RS: TO Fund/Account/Centers FROM Fund/Account/Centers GC 10 446300 006060001000 $116312.73 - P243 446300 801929990100 $102.149.76 T127 446300 0061270992U $116,312.73 CERTIFICATIONS: Submitted for City Manager's Office Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS 1.A MAYOR AND COUNCIL COMMUNICATION overall doc 2.B MAYOR AND COUNCIL COMMUNICATION aerial syc ns doc 3. C MAYOR AND COUNCIL COMM NI ATION aerial v_park ne doc 4.D MAYOR AND O 1N IL COMMUNICATION aerial cobb ns.doc