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R2005-0080 05-09-05 RESOLUTION NO. R2005-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH DUKE ENERGY FIELD SERVICES FOR THE RELOCATION OF A GAS TRANSMISSION LINE ASSOCIATED WITH THE WIDENING OF DIXIE FARM ROAD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Contract by and between the City of Pearland and Duke Energy Field Services, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest the original of the attached contract for and on behalf of the City of Pearland. PASSED, APPROVED and ADOPTED this the 9th day of May , A.D., 2005. c:===.)o)44.1 TOM REID MAYOR ATTEST: kY NG S ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY EXHIBIT STANDARD UTILITY AGREEMENT a '•/I ACTUAL COST—LOCAL GOVERNMENT U-Number: Project No.: Dixie Farm Road TxDOT CSJ: 0912-31-108 TxDOT CSJ: 0912-71-744 Highway Project Letting Date: June 2005 This Agreement by the City of Pearland, Texas, acting by and through its duly authorized official, ("Local Government"), and Texas Eastern Transmission, LP, acting by and through its duly authorized representative, ("Owner"), shall be effective on the date of approval and execution by and on behalf of the State. WHEREAS, the Local Government has determined that it is necessary to make certain highway improvements in its road system, which said changes are generally described as follows: At the request of the City of Pearland, Texas Eastern Transmission,LP,has been requested to adjust its existing 30"pipeline#16 at two locations; Dixie Farm Road at Station Number 10+00 TO Station Number 15+00,and S.H. 35 at Station Number 0+00 TO 4+40, all in Brazoria Co., TX. WHEREAS, these proposed highway improvements will necessitate the adjustment, removal, and/or relocation of certain facilities of Owner as indicated in the following statement of work: See "Exhibit A" and such work is shown in more detail in Owner's plans, specifications and costs (estimated at $495,692), which are attached hereto and made a part hereof, and which are prepared in form and manner required by 23 CFR 645, Subpart A, and amendments thereto; and WHEREAS, the State of Texas and the Local Government have previous to-this date entered into an agreement, said agreement being attached as Exhibit."B" and incorporated for all purposes herein, to accept responsibility for the adjustment, removal, or relocation of certain utility facilities required by highway improvements on the hereinabove designated project. WHEREAS, the Owner, has provided sufficient legal authority to the Local Government to establish an interest in properties affected by the abovementioned highway improvements. Said facilities are located upon such properties as indicated in the statement of work as described in Exhibit"A". NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties mutually agree as follows: The Owner has determined that the method to be used in developing the adjustment or relocation costs shall be as specified for the method checked and described hereinafter: ❑ (1) Actual direct and related indirect costs accumulated in accordance with a work order accounting procedure prescribed by the applicable Federal or State regulatory body. X(2) Actual direct and related indirect costs accumulated in accordance with an established accounting procedure developed by the Owner and approved by the Local Government. The Local Government will, upon satisfactory completion of the adjustment or relocation, and upon receipt of a final billing prepared in the form and manner prescribed by Federal regulations, make payment in the amount of ninety percent (90%) of the eligible costs as shown in the final billing. The Local Government will reimburse the remaining ten percent (10%) after its audit of the final billing. Unless a variance is discovered, the total payments will equal the amount found eligible for reimbursement by the final audit. „Fotm ROW-U-43B Rev.1/2004 Page 2 of 3 In the event there is a substantial change for the statement of work contained in Exhibit "A”, reimbursement is limited to the amount approved pursuant to this agreement and its attached exhibits unless written approval is obtained from the Local Government. All changes shall be documented on the Owner's "as-built" plans supplied to the Local Government. Upon execution of this agreement by all parties, the Local Government will, by written notice, authorize the Owner to proceed with the necessary adjustment or relocation, and the Owner agrees to prosecute such work diligently in accordance with the Owner's plans. Such plans are attached as Exhibit"C". Should Owner by its actions cause interference or delay resulting in the imposition of damages upon the Local Government by a third party, Owner agrees to be responsible for said damages. Such authorization to proceed shall constitute notice on the part of the Local Government that the relocation has been included in an approved program as an item of right of way acquisition, that a project agreement which includes the work has or will be executed, and that the utility relocation or adjustment will be required by the final approved project agreement and plans. The Owner,by execution of this agreement,does not waive any rights to which Owner may legally have within the limits of the law. This agreement is subject to cancellation by the Local Government at any time up to the date that work under this agreement has been authorized. Such cancellation will not create any liability on for the Local Government. It is also expressly understood that the Owner conducts the adjustment, removal, or relocation at its own risk, and that the Owner agrees to indemnify and hold the Local Government harmless for damage to existing facilities caused by the Owner's conduct. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. THE LOCAL GOVERNMENT By: Title: Date: OWNER Owner: Texas Eastern Transmission,LP By: Duk Ene gy Gas Tran ission Services, LLC, Its General Partner By: .A. K ey Title: Vice Presi ent Date: 44/ ( City of Pearland Project No.: Dixie Farm Road TxDOT CSJ: 0912-31-108 and TxDOT CSJ: 0912-71-744 UTILITY JOINT USE AGREEMENT REIMBURSABLE UTILITY ADJUSTMENT Texas Eastern Transmission, LP ("Owner") P. O. Box 7646 Houston, TX 77056-5310 WHEREAS, the City of Pearland, ("City"), proposes to make certain highway improvements on that section of the above - indicated highway; and WHEREAS, Texas Eastern Transmission, LP, ("Owner"), proposes to adjust or relocate certain of its facilities, if applicable, and retain title to any pioperty rights it may have on, along or across, and within or over such limits of the highway right of way as indicated by the location map attached hereto. NOW, THEREFORE, in consideration of the covenants and agreements herein contained, the parties mutually agree as follows: It is agreed that joint usage for both highway and utility purposes will be made of the area within the highway right of way hunts as such area is defined and to the extent indicated on the aforementioned plans or sketches. Nothing in this agreement shall serve to modify or extinguish any interest vested in Owner in the event the current facilities are retained, altered modified added to, or constructed on additional facilities presently located within the above described area. This interest is retained provided that if existing facilities are to be altered or modified, or new facilities constructed within said area, the Owner agrees to notify City at least 30 days prior to the beginning of construction, and to furnish necessary plans showing location, type of construction and methods to be used for protection of traffic If, in the opinion of City, such alteration, modification or new construction is in conflict with the current highway or planned future highway improvements could endanger the traveling public using said highway or be contrary to the recitals as set out above, City shall have the right to prescribe such regulations as deemed necessary to rectify the problem. These regulations shall not however, extend to the requiring of the placement of intended overhead lines underground or the routing of any hnes outside of the area of joint usage above described. If Owner's facilities are located along a controlled access highway, Owner agrees that ingress and egress for servicing its facilities will be limited to frontage roads where provided, nearby or adjacent public roads and streets, or trails along or near the highway right of way lines which only connect to an intersecting road. Entry may be made to the outer portion of the highway right of way from any one or all access points. Where supports, manholes or other appurtenances of the Owner's facilities are located in medians or interchange areas, access from the through -traffic roadways or ramps will be allowed by permit issued by the State to the Owner setting forth the conditions for policing and other controls to protect highway users. In an emergency situation, if the means of access or service operations as herein provided will not permit emergency repairs as required for the safety and welfare of the public the Owner shall have a temporary right of access to and from the through - traffic roadways and ramps as necessary to accomplish the required repairs, provided City is notified immediately when such repairs are initiated and adequate provision is made by Owner for the convenience and safety of highway traffic Except as expressly provided herein, the Owner's rights of access to the through -traffic roadways and/or ramps shall be subject to the same rules and regulations as apply to the general public. If Owner's facilities are located along a non -controlled access highway, the Owner's rights of ingress and egress to the through -traffic roadways and/or ramps are subject to the same rules and regulations as apply to the general public. Participation in actual costs incurred by the Owner for any future adjustment, removal or relocation of utility facilities required by highway construction shall be in accordance with applicable laws of the State of Texas. If applicable, Owner will, by written notice advise the City of the beginning and completion dates of the adjustment, removal, or relocation, and, thereafter, agrees to prosecute such work diligently, and to conclude said adjustment, removal, or Form ROW-U-JUAA 9/2003 Page 2 of 2 relocation by the stated completion date. At the completion of the adjustment, removal, or relocation, the Owner will deliver a set of "as -built" plans to the City. The Owner and the City, by execution of this agreement, do not waive or relinquish any right that they may have under the law. The State Auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this contract or indirectly through a subcontract under this contract. Acceptance of funds directly under this contract or indirectly through a subconhact under this contract acts as acceptance of the authority of the State Auditor, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. It is expressly understood that the Owner conducts the adjustinent, removal, and/or relocation at its own risk, and that the Owner agrees to indemnify and hold the City ha 'less for damage to existing facilities caused by the Owner's conduct. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. IN WITNESS WHEREOF, the parties hereto have affixed their signatures. Owner: Texas Eastern Transmission, LP City: By: Duke Energy Gas Transmission Services, LLC, Its G: alr n By: f By: Title: Title: Date: Vice President Date: AFFIDAVIT (for Utility Owner) U-No. THE STATE OF TEXAS COUNTY OF BRAZORIA Project No.: Dixie Farm Road and SH-35 TxDOT CSJ: 0912-31-108 TxDOT CSJ: 0912-71-744 BEFORE ME, THE UNDERSIGNED AUTHORITY, on this day personally appeared G. A. Kenney of Texas Eastern Transmission, LP, ("Utility') who after being by me duly sworn upon his/her oath deposes and says as follows: "I, G. A. Kenney am over the age of 18 years and am fully competent to testify to the matters set forth in this Affidavit. I have personal knowledge of all facts and swear that such facts are true and correct. Dixie Faini Road and SH 35 located in Brazoria Co., TX, W. D. C. Hall Survey, Abstract No. 70; 2. At the request of the City of Pearland, Texas Eastern Transmission, LP, has been requested to adjust its existing 30" pipeline #16 at two locations; Dixie Farm Road at Station Number 10+00 TO Station Number 15+00, and S H 35 at Station Number 0+00 TO 4+40, all in Brazoria Co., TX. 3. Roadways are owned and maintained by the City of Pearland as indicated by copy of permit from The Commissioners Court dated June 11`h, 1956 to Texas Eastern Transmission Corp. Exhibit "D"; 4. Texas Eastern Transmission, LP owns, operates and maintains a natural gas pipeline easement across said properties as specified in attached easements recorded in volume 791, page 365; volume 665, page 500, and 673, page 339 in the county records of Brazoria Co., Texas; 5. See Exhibit 'A' , Explanation of Justification for proposed Adjustments, Exhibit "B" Proposed 36" Casing Extension 30" Line 16 at Milepost 210.55 Dixie Farm Road widening and Exhibit "C", Proposed 36 ' Casing Extension 30" Line 16 at Milepost 320.98 Dixie Farm Road Widening at S H 35; 6. See attached easements; Further affiant sayeth not." / Signature: G. '' enney Title: Vice Pre : • ent Texas Eastern Transmission, LP trirke Energy Gas Transmission Services, LLC Its General Partner Commonwealth of Massachusetts County of Middlesex On this \S day of April, 2005, before me, the undersigned notary public, personally appeared Greg A. Kenney, who proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as Vice President of Duke Energy Gas Transmission Services, LLC, the General Partner of Texas Eastern Transmission, LP Notary Public (affix seal) E.h' OSIT Explanation of Justification for Proposed Adjustments of 30" TET Pipeline Crossing at Station NO. 57+00 on Dixie Farm Road City of Pearland, Brazoria County, Texas — 02/28/2005 Texas Eastern Transmission, LP (TET) has been requested by City of Pearland to pre - adjust its existing 30" underground natural gas steel pipeline at Dixie Farm Road Station Nos. 1+00 and 57+00, since Dixie Farm Road is being widened and lowered. The pipeline adjustments must be designed and constructed to comply the U.S. Department of Transportation regulations for adequate cover and forces applied to the gas pipeline from the roadway. Prudent pipeline design practice must ensure safety of the public and employees, regulatory compliance, and long term pipeline integrity. It must also be based upon historical experience and must consider the potential for unknown irregularities beneath the ground, adverse weather conditions during construction, and other risks. Design considerations are as follows: 1. Pipeline crossings must be designed for the loads from roadway construction equipments and future vehicle traffic on the road. Pipeline design must also include adequate depth of burial beneath any adjacent drainage ditches and must ensure sufficient clearance from buried drainage structures to prevent damage during highway construction and maintenance. 2. In some instances where the existing pipeline is cased beneath the road and the pipeline would have sufficient cover for the proposed road cross section, the casing can be extended to the edge of the new road right-of-way. This method is often the lowest cost option, but it can only be used if the pipeline geometry can accommodate the casing installation. 3. Open cut excavation of a proposed roadway and replacement of existing cased pipeline with a new uncased and heavy -walled pipeline across the existing and widened roadway is often considered undesirable due to the extended time the road would need to be closed for the removal of the existing pipe and the deep installation of the new pipe (approximately 2 weeks). Extensive backfill would be required for the deep excavation beneath the road using either heavily compacted material or expensive controlled density fill concrete mix. 4. Due to the contract obligations to various natural gas producers, utilities and customers, the interruption of natural gas flow in the pipeline for an extended penod is undesirable. Offset pipeline construction ensures that the pipeline will be shut-in for less than a day, whereas an in -situ replacement results in an extended pipeline service outage. 5. It is standard design practice for TET to install a bored road crossing replacement at an offset of 25' from existing in-service pipelines. This is an important safety 1 practice to ensure adequate clearance from the in-service pipeline in the event the bore auger strays or is deflected away from a straight path. This offset also prevents the ditch bank supporting the existing pipeline from sloughing off into the large bore pit where the boring machine is working (this risk is increased if it rains). The following pipe adjustment design configurations were considered for Dixie Farm Road. In -Situ Open Cut Crossing: A proposed heavy -walled pipeline segment within the new roadway's easement would be installed in the same lateral alignment at an adequate depth to be below the pavement of the road and proper separations to the water and the sewer pipelines. This method was denied by the Engineering Depth lmuent of City of Pearland due to roadway blockage during pipeline construction and the high reimbursable cost. Lateral Offset Bored Crossing: A proposed heavy walled pipeline segment would be installed at 25 ft offset from the existing pipeline crossing. After tie-in of the new transition side bends of the new crossing to the existing pipeline outside the new roadway easement on both two sides, the existing pipeline crossing would be abandoned in -place by TET and removed by the city during roadway construction. This would be the most desirable option a by TET since it would meet all requirements from Considerations 1 thru 5. However, the construction cost would be highest. Casing Extension A proposed 36" casing would be installed around the existing 30" pipe from each end of the existing casing to the edge of the new roadway easement on both sides of the road. The preliminary survey and pipeline probing results indicate this method is feasible. This method would meet the requirements from Items 1 thru 5 (above) at lowest cost. TET proposes the Casing Extension Crossing for Dixie Farm Road due to minimal impact to traffic, low cost, and adequate pipeline cover and geometry. 2 6KN/13 /T • • • 00 01 00 • 0 O O O o Idd an 4 x \ p PROP. SAN. S. PROP. 40 I CUT, REMOVE k REP CE LE - CASED BORE MANHOLE M4 •VM'T PER DETAIL-1 SHT. 2 NoP PROP. 120 R.0 W / s . �. ' i 1 7' (TYP.) 1-- —PROP. 21 SAN. SWR. PROP. 21" SAN. SWR. • -s •• X -` 7���� v v X x x x—� x—x—x �x x x x x x x x x x—x x x •OF' r PRO / Jas.EpCO. .CC 11AW (10 OE AOA�pKO) , �?fA/S/Oy _Ww.._ ' \R SPHAE: II j FklsT/NG ` \ , DIXIE FARM ROAD 3BI'r..\ E%IST. ASPHALT PVI,1'7 \ / imc rt�l7 , CRISi, 16• A.C. WAiEP - -.. ` ` 4 , �� ��C r :•.t PROP. 120R.O.W. .., \ Pfi 36. OPOSEp I ` gSING) SON EXISTING ROW -- 80' 42 40 38 36 34 32 30 • • • • • • EXIST. 6" EXXONMOBIL PIPELINE PROPOSED 36' CASING EXTENSIDN -c er 30" TEXAS EASTERN PIPELINE (FIELD VERIFY DEPTH PRIOR TO BORE) 28 26 PROP. 4) LF-21" PVC SAN. SWR. 0 0.09% IN 32" 0 - 1/4" THK STL. CASED BORE H)LE EXISTING 36" CASING PROP. 16" PVC WATERLINE F ROP. 299 LF-21" PVC SAN. SWR. 0 0.09% HAT CND LT HAT GN) RT O O • • PROPOSED 36' CASING EXTENSION 42 40 38 36 PRUP. 34 LF-16 P\ IN UNCASE D BORE H PROP. 22 1.--16" PVC IN UtICASED BORE HO C '/ATERLI DLE JE WATERLINE 7 J PROP. 131 LF-21" PVC SAN. SWR. 0 0. I 7. 34 32 30 28 26 24 22 PRvP. 3U LF-2I Pvt, Onnt DIRK. 0 V.Uh. 24 F'FREESE & NICHOLS ENGINEERS . ENNRONNENTAL SCICIIUSIS-MGRRCIS moots 2010 EAST BROADWAY PEMLMM, TEXAS 31551-5502 281-435-2404 EAR 2131-4B5-4322 CAD CAE SSPNP03 Plo'o3io WAN u CRD u CITY OF PEARLAND, TEXAS STA, 13+61, 53.0' LT PROP. SAN SWR. MR .4 25.49 22 10 +00 11+00 12+00 13+00 14+00 DRAFTING DESIGNER 1 ENGINEERING APPROVALS 15 +00 DRAWN BY: DRAFTING SUPERVISOR DIXIE FARM ROAD SANITARY SEWER IMPROVEMENTS STA. 10+00 TO STA. 15+00 PLAN SET 2 APPO u B. SCALE I•.20' Npn2. JOB No. 03-292 SKEET 18 PROPOSED 36" CASING EXTENSION 30" LINE 16 AT MILEPOST 210.55 DIXIE FARM ROAD WIDENING DESIGN ENGINEER LOC BRAZORIA COUNTY, TEXAS 111 Duke Energy. IGas 5'ransmission Tits Eastern Tisnvrrlsslon, [P J.ttl 1' ._ a *AIM Ix nmatro AJ/ww4a DWG. NO. DESIGN MANAGER INITIALS DATE INITIALS DATE YEAR: 2006 I W.O. I SCALE• IDWG. AO- -3000 REV. C-lF3Fit "t'fP1 CUT & PLUG EXIST. 16" WATERLINE EXISTING /36 0+70. 60' RT 6"X16" PLUG & CLAMP G.v. w/BOX M.J. ADAPTER PROP. 100 LF-16 PVC WATER IN 24"0 - /4" THK. S CASED BPRE HOLE / N E PROPOSED 25' II CASING `\ 1 EXTENSION SING BEGIN BASELINE *A N 13 579213.1065 E 31.8065.6867 BASELINE "A" STA. 0+00 = BASELINE "C' STA. 299+39.05 STA. 1+00, 55.5' RT 1-16"x16"X6" TEE t-6" 90• BEUC• 1-6- G.V. W/BOx 1-16 G.V. W 6DX CONTRACTOR TO CUT AND REMOVE EXIST. 16" WATER LINE AS NECESSARY AND INSTALL 16" TEE (M.J.). INSTALL 25 - LF 16" PVC WATER LINE, NEW VALVE & AND NEW PLUG (M.J.) PROP, METER BY DTHERS 30° TEXAS EASTERN LINE 16 r P: OP. 1` POLY SERVIC LINE ORED UNDER ROAD) ( YP.) DIXIE FARM ROAD EXIST. ASPH, PAVM•T. 0 ASPHAEU DP. txIST, RAI (u5t. 16" At !MICR (TO BE AD 0) — tims•w_ PROP.\•2 LF-UNCASE N 41.3939•• E CNSI A• JORCE NART (ID at ADMDDIRO) 4 FORCE MAIN PROP. 120 R.O.W. REMOVE. EXIST. F.H. & VALVE & PLUG LINE PROP. 16" PVC WATERLINE MATCH LINE ST 46 46 44 42 4� 38 36 34 r--PROP. 100 LF-16" PVC WA IN 94" 0 - 1/4' THK STF CASED BORE HOtE 1 ERLINE PROF T&RT TOP OF OJRB 44 PR Prism) CASING EXTENSION 16" VALVE 30" 1EXAS EAS1ERN (FIELL VERIFY D_PTH) 6 TEE PROP. 42 LF-16" PVC WATERL IN UNCACFD BORE HOI F • • • • NE z PROP. 4 FORCE MIN DNO Pt 42 40 • • • • 38 36 PRO'. 16" PVC WATERLINE 34 32 PROP. :0 LF-16" PVC WATE IN UNCASED BORE HOLE NE 32 30 30 28 28 ri7FREESE & NICHOLS CNCIIE(RS • CHNRONNCNTAE SCIENTIS TS • MCI<TEC1 nin "'° 2010 EAST BROADRAt PEMEAI . TERAS 77501-5502 281-485-2404 FAX 281-485-4322 CITY OF PEARLAND, TEXAS CA ARRPIRD1 PEOI OQ/,10 D CFO 26 26 0+00 1+00 2+00 3+00 4+00 DIXIE FARM ROAD 16•• WATER TRANSMISSION LINE IMPROVEMENTS STA. 0+00 TO 4+40 PLAN SET 2 DRAFTING DESIGNER .1 ENGINEERING APPROVALS 1 DRAWN BY: DRAFTING SUPERVISOR DESIGN ENGINEER PROPOSED 36" CASING EXTENSION 30" LINE 16 AT MILEPOST 320.98 DIXIE FARM ROAD WIDENING LOC. BRAZORIA COUNTY. TEXAS a DukeEnergy. CI Gasransmission Taxer Eefrom Tismmlulac LP mu wean a *is 7x ;awn 7n/111401 DESIGN MANAGER INMALS DATE INITIALS DATE YEAR: 2005 I W.O. I SCALE: DWG. A04 3001 I REV. • sidered the application of (3 N A to ttt} 1 N o al tr. 0 N ~ •F' q Al ei 01 k 0 pi bit O U s N0 .r4 poi �0 WI Eatin rid 1,44 ralSfd •r Said Application having been Court being of the opinion and finding that. it would be rd 3-4 0 irk O a) N • r+ •P • 1-4 ): rf 0 • rt Pi d N 14) 0 to td N O 0 • 0 «3 3-4 rd 4S 0 a) a) rd a). 0 cd o +' a) N ++ 0 U) �66)) •ri •r Pi {s rti a •Pi +) •ri co a) 0 $ Sai. QN�. •rl F): 1 0 ri e0 U) 0 CO rot 0 to c + 3 0 Ti gr f o a al a) co co •rt o g 0 +3. 0)) +) 2 � is 0rid •r1 k. ai 0 4, f3 0 N 0 0 Qi .+ a Pi a) r4-I O a) fi 0 Pi •r{ r++ ed thereto by. Applicant, • co 0 Y*14 O tJ pri 0 rd to •ri +) a N rd 44 to 0 a) N 0 a) 3 rg cm sri a) Pi 44 that in the event this Court or the County Engineer deems o 30 q cd corti 0) O • a) rd O a) + rd .N N 'rl 0 •r, $ w 0 o w •a Ori ai O cd 0 tal AP 0 A rel rt. Pi Pi .9 rd ari COt0 0 0 0 O 0 cd o +-1 0 rqqd a) cd 43 0 0 4-4 51.�{ 9 0 r3 AD 4' $ W expense of said Applicant. b .9 N 0 0 a) 0 0 4) 'V 0 0 0 0 O ,-i d co •r+ 4.1) es to Brazoria County caused by the laying, .9 01 •r+ -4 a bD •ri O 0 0 44 0 O 0 art +) r+ $ ' 0 94 rd 0 94 ap 3 14 GP rl art .0 Pi bl +;‘ H rot 00 Pi .0 c and across said highway. m N 03 a) co 4-1 a3 0 a) .0 vol a) 0 .9 •r1 44 94 +' 4-4 0 0 raj r-t • •F100 0+304 U •r+ 0 Pi 9 44 or, rd b *rat art U3 to 0 4 .-0 to 44 43 •r+ r-4 Pi Q N rd 0 02 0 a)r9 td . r-I A d td rd U c�Ci3 i� CO CD 0 Pi 44 440 w 0 •r1 9 'r, 0 0 N 0 fel O O 05 00 w •r+ +) rci .SS 0 O tD d rd 0 4) rti 0 05% 0 N co •0 0 0 +Ni •rt 2 0 a) 0 •0 r•+ '44 a os r♦ w rO Pi ta +) a) rd N w0 `4 0 tO 41 0 w . PP a) o 44 b ea •0to 0 bD 0 -4 0 4) 4) 144 ro eo a) 3 Si 0 tat; re o •0 r0 •91 N o ea rd PI W 0 N $i m a) IN a) 4 •1 fra 4-5 rL i0 U 0 0 0 X I a)E-i 44 .. o PI <C o U o10j +) p 0 0 0 tI 81 0 +3 art v 00 W 0 PI MC1 N N O 1-1 a) N •• 40 CO O frin Sri 81 s/W NO. 1. MAP NO, W. O. NO. i . U CV Cl a a O0G 0 KNOW ALL MEN BY THESE PRESENTS 0 rl 0 That for and in consideration of ti 0`J0 epa,opa .�." ° p .0 rd 4-2 O Q. _.. O • a00.a O bp en -=3�� CO� o QC p ai ro O•eV wz..• a a3 7 E F°-i f CZ State of Texas, described as follows m 0 r0 tf1aJ L O 0 N 0 CO N cd rCI ;1IC\0� O ONHr(l•d • H art 4 Cm, • • 0 0 0 re It co a) c0 z f� 1 b ;-1 c �� 0 o co N 400 1 N 'sl P • H Pco 40 +) CO • +) rr0 +1 O o d b Q1 H N O O rd cd O0-1 Cr) O cc) O o r0 M O •• F+ r-I o No orn a)H • o aro° i a� 4-1 H N A 0 can .n ro •� �a Fri +, iN9 N Or R a) Ts H F-c Fi r0 0 +3 `•aJo®o L �y rti r0 ro 0 no I as 0 �. w Qi • 0 O 1 VI • • 0• .a 0 :a °' a) t a 44. ;-1p• e. C o apricy a+ maUa C rmE p •O cs ai 0 w co a) N Op d rd a Qj 0 en a) Op Ur • • vi 'Lf y m 0 0 c) U2 rn a a) o" te. A a 5ro a)•a) 0 a) c, b 0i..g C a N t> O O +2 a ca +) O C 0 C r'a o �vtm+ ht . C a O a va, q Cro rcl 4,0 � '0 O d •0 d o y V aD a� � q U G • as) .74 aia y 3 0 0 3 0 a)•)a>y O 0 0.. y rd o' ro ce • 0 4-4 v3 0 w44 o 4 °. enroF� • y O •r•� o ;°• o a ao a3 q ei ti a3 ^ O O o ;_ Amt ala FO r• un)�a co O 0 a O • Cd • v• 444 ° • 0 • O 30 co w q +w 0 d a4 a m cd ui 0 • o + C.) •40 d •a .40 F. • c Op w ° w s. 03 as • v � 2)., c3 7.4 • CD w • ce O v cct o Nroy IL) • - ti tin 0 . 0 0 O a� ago a) • rCD Ca a oOD a +' cs, • rd OS r44 o All payments hereunder may be made direct to the Grantor or to CO .4i3 cd • en $, • o 40 +� np ro O .. • .N. U2 • O .C1 O da ro Tit co co O en co • ° rd a> F" 0 O (i) a 5101 • 0-4 >,a ) t7 F. C a)Q) 94 La 4-• 4 O t a 0 a) ° 0 C Q3 a) O w G• 0 pws co ra. The Grantor represents that the above described land is rented to without authority v F. 0 0 w .0 a) • a • 0 -402 OD • la it 4a) / V/ 4) a a) WITNESS the execution hereof on this the WITNESSES: I RIGHT OF WAY GRANT FROM TO TEXAS EASTERN TRANSMISSION CORPORATION P 0 Box 1612 Shreveport, Louisiana STATE OF TEXAS County of } I hereby certify that this instrument was duly recorded on the day of 19'- —, at page of Vol of the Records of said County. Clerk of the County Court for County, Texas By Deputy. • sexay `6;uno0 Notary Public in and for GIVEN under my hand and seal of office, this o N 'O M K w m o CD g°� b 04o o m m w'o 0 o • o m• . (A N N tO c04 n o N m OS a t m 0 p; re- m o •2 0 m K 0 o • cm X CA PCS et. fD 0 N .a ID ae0+ O w • a4 m • o 2. 'c m m a. to 0.4 erg Via. O o N. et w m Ct CD a. a. w Jo luaptsaad uMouisl `uoneiodhoa e 0 CD 0 cr. CD ."7• m o H r� Y IA prI tzi H D4 n • sexay `B;uno3 Notary Public in and for '0 0 N N z -G a m imr 'C w 11) 0 M 0 3 n 0 '4 0 COC , having been examined by me privily and apart from pies aq; ;o a;Tn& .d C 0 0 N ;uauina;sui o; pa2palxtouxoE pue CD 0 w 54 51 o m a X0 m 0 M • m • o m m O m CD rD M (0 O 0 5E m a• 0 co too N P.) • w a. m `dw auoaaa n 0 0 M `svxai ao aivis • sExay `JC;uno3 Notary Public in and for GIVEN under my hand and seal of office, this 'C 0 CO to M a)• o w • 0 tl% mo 1-1 H ro b 0 S* en CD a4 a w 0 0 0 0. Ua m re- 0 5 w executed the same for the purposes and consid- 0 0 0 3 m 0 m m m 0 0 'J• 0 m ro r aq; o; pagtiasgns BEFORE ME, the undersigned authority, on this day personally appeared 0 0 z `svxss .o �yvys voisy4 *o. U) 4-4 H 0 cn di H 0 c 0 H 0 U vi H Z cn rn z sc Drake, for and in consideration of the sum of TEN ($10. 00) DOLLARS to the undersigned (herein styled Grantor, whether o ne or more), in hand paid, the receipt of which is hereby acknowledged, the said Grantor does hereby Grant, Bargain, Sell, Convey and Warrant unto Texas Eastern Transmission Corporation, a Delaware Corporation, a right of way and co 0 bA co ai Tri cd 0 v1 a) U U 0 UZ 43 a) a) cd ro 'Y u) a) a) a; O a) migN a) a) cd o asement to construct, lay, maintain, operate, change the size of, and replace a pipe line and appurtenancesthereto a) 0 4-0• 3 a) • 1 04 -45 0 0 • r4 O 0 0 . rl cad bA rti transportation of oil, gas, petroleum products or any other liquids, o r substances which can be transported through pipe lines, pipe line to be located under or through lands which the undersigned situated in the o wns or in which the undersigned has an interest, described as follows: County of Brazoria, State of Texas, N w co .2 0 0 w 1 a) 4-) 0) a) ,s~ 0 cd a) .S (I) 4 O •� O .t,"' .Q dr cu A 0 w Cr) tall • 0 P+-) O et: 4W 0 4, a, •r., rj A 0) 0 .�i 0 0 O 0 bAw O (CD) ICI a) PC9 g N A cd ct �A w O • co � a) HCri a a) O CI ,t4 0 0 cd a) .Q U Cn a) a) 0 r1 • H +a -N O • a (1) o cd u• m E Ce � N O U cd -453 O , E • a a) • 71 0 U cd cd 0 a) Z H 0 Z � O o r less to a 75 feet more by a) Po co W Z t a) w •H a) bn 00 0 -H a) s ;1+ w 0 co cd N • Q) o w 0 O " bA • O , ;'' 0 m ;� cd cd a) C1) 4 a) -�0-+ U O g O • C1.N cd 0 a) � Q -i- ro (0 -f•a (1) cd r4 O Z (1) a) 4-1 O • O a) cd rn a) rH ZO '0 Cd Ca bA • r4 • r1 cd 4 O 0 Cd a) co U a) 4-4 O m cd co O • rd Z c cd4-+ O boa) O to U o cD ab c0 0 bn 941 U a) • a1) a) 0 0 0 cd 0 U? Ca 4-3a) 0 U 4U-, 0 co ad 'LS TO HAVE AND TO HOLD unto Grantee, its successors for the purposes herein with ingress to and egress from the premises, a) a) cd a) rgS a) z� a) 0 4—� O to O cd ad H ad an 7452 O 0 cd U cd rd Cd 0) 0 a) cd S-c Ian cn a) 0 C), S�. a) 0 4-4 Grantor shall not construct nor permit to be constructed any house, o r that will interfere with the structures or obstructions on or over, any pipe line or appurtenances 4-i O 0 cad U 04 0 0 a) U at i~r a) • cd 0 4-) U CO 0 U ai 0 •'1 24 U I, 0^ 0) a) 0 a) .0 cd bit a) () b1) cd 1 0 4-, 0 cd cd 4, 0 a) .0 cd O a) 0 a) 01 O~ ad v7 0 -C) 0 cO a) by cd a) a) a) cd 0 0 an 4-4 0 0 cd .H 4.3 r4 a) a) 4-4 a) .r4 0 0 in cd 0 cn UZ U O Lr) c) 0 U bA 0 bit 0 4-3 a) cn ad at U a) bA cd cd U to cd 0 an a) a) bA cd a; r1 b cd co 4-1 0 Fi • O cd U R, 0 Z7 o r fences from the construction, maintenance shall restore said land to as after installing said pipe line, n ear its former condition as possible 0 a) -0 0 +' +- 1-0 n . cd a) -N CI) ro Ski U 'CS • W al cd cd o x(1) w U O tc a) -N 0 0 an era 0 cc a) 4, ,Hy W W W0 er 0(40 0 44 w 111 W H 0 A 4(4 H H Z HU a) CO 0 0 v) a) a) a) 0 0 U 0 0 a) cad Q co an 0) r1 a) U 0 4-4 0 cd MONA FERGUSC • cd 0 PQ Imo. P. STEVENS Jr., Clerk of the County Court that the foregoing said County, 0 w c. 0 k rd cd 0 U H a4