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23-2336 INCOMPLETEORDINANCE NO. 23-2336 AN ORDINANCE BY THE CITY OF DENTON AUTHORIZING THE CITY MANAGER. OR DESIGNEE, TO EXECUTE 1) A GAS LINE REARRANGEMENT AND ABANDONMENT AGREEMENT AND 2) A RIGHT OF WAY LICENSE AGREEMENT WITH ENLINK NORTH TEXAS GATHERING, LP (“ENLINK”), FOR THE RELOCATION AND LOWERING OF THREE (3), 4-INCH GAS PIPELINES (DC-400, DC- 404, AND DC-406) COLLECTIVELY, (“ENLINK FACILITIES”), FOR THE CITY’S BONNIE BRAE PHASE 3 WIDENING AND REALIGNMENT PROJECT; PROVIDING FOR THE EXPENDITURE OF FUNDS IN THE NOT-TO-EXCEED AMOUNT OF NINE HUNDRED AND SIXTY-FIVE THOUSAND, THREE HUNDRED EIGHTY-FOUR DOLLARS ($965,384.00); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the existing rural South Bonnie Brae Road between FM 1515 and Roselawn Drive is being reconstructed to accommodate the ultimate four lane divided urban street section called Phase 3 of the Bonnie Brae Widening and Realignment Project; and WHEREAS, Enlink has presented the City with an Agreement for the rearrangement and abandonment of certain gas lines in the Del S Brewster, A-56, William Sharis, A-1174, ANB Tompkins, A-1246 and James Edmonson, A-400 surveys, a copy of which is attached hereto and made a part hereof as Exhibit ’' A’' (the " Agreement") including the estimated costs associated with the work; and WHEREAS, the City has presented to Enlink a Right of Way License Agreement for the placement of certain gas lines in City Right of Way, a copy of which is attached hereto and made a part hereof as Exhibit "B" (the "Right of Way License Agreement"); and WHEREAS, on September 29, 2020 , the City Manager approved the Preliminary Engineering Agreement with Enlink for the review of preliminary engineering and design plans, specifications, and drawings prepared by the City, required by Enlink, a copy of which is attached hereto and made a part hereof as Exhibit "C" (the "Preliminary Engineering Agreement"); and WHEREAS, the City Council having considered the importance of the Project to the citizens of Denton and finding that it is in the public's health and safety interest, is of the opinion that it should approve the Agreement; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS : SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true and as if fully set forth in the body of this ordinance. SECTION 2. The City Manager, or their designee, is hereby authorized to execute on behalf of the City; 1 ) the Rearrangement and Abandonment Agreement and 2) the Right of Way License Agreement with Enlink, a copy of which is attached hereto as Exhibits ’' A'’ and “B” and made a part hereof for all purposes. SECTION 3. The City Manager, or designee, is hereby authorized to expend funds in an amount not to exceed NINE HUNDRED AND SIXTY-FIVE THOUSAND, THREE HUNDRED EIGHTY-FOUR DOLLARS ($965,384.00). SECTION 4. The City Manager is further authorized to carry out all duties and agreements to be performed by the City under the Agreement(s). SECTION 5. The City Manager, or designee, is the City’s designated, authorized official, with the power to authorize, accept, reject, alter or terminate the Agreement(s) on behalf of the City and act on behalf of the City of Denton in all matters related to the Agreement(s) and any subsequent agreements that may result. SECTION 6. This Ordinance shall become effective immediately upon its passage and approval. S e C 0 n d e: hEy 1r1fI o#: =y= T r 0 X 1: isI!= rd i Nn: a :: S n: #: eTr dilfi : TIp a :he Epp\ 0 veda I the following vote [X - E : Aye ,,/ Z L/ a L/ a Nay Abstain Absent Gerard Hudspeth, Mayor: Vicki Byrd, District 1 : Brian Beck, District 2: Paul Meltzer, District 3 : Joe Holland, District 4: Brandon Chase McGee, At Large Place 5 : Chris Watts, At Large Place 6:JL PASSED AND APPROVED this the IIt- day of t)ecz.-b/, 2023. ATTEST: JESUS SALAZAR. CITY SECRETARY a; 8+„tHatZauvdAde APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY By: ORDiNANCE: ENLINK – REARRANGEMENT & ABANDONMENT AGREEMENT AND RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PiPELINES as needed for the Bonnie Brae Phase 3 Widening & Realignment Project e If} \"+ f ; ': e • P HI U N r H F ( b N : Hb 1 P / EXHIBIT A Rearrangement & Abandonment Agreement REARRANGEMENT AND ABANDONMENT AGREEMENT Between THE CITY OF DENTON And ENLINK NORTH TEXAS GATHERING, LP This Agreement (this “Agreement”) is entered into as of the day of , 2023, by and between the CITY OF DENTON, a Texas Home Rule Municipal Corporation of Denton County, Texas (the "City"), and ENLINK NORTH TEXAS GATHERING, LP, a Texas limited partnership, whose address is 1722 Routh Street, Suite 1300, Dallas, Texas 75201 ("EnLink"), acting herein by and through their duly authorized officers (sometimes hereinafter collectively referred to as the "Parties"). WHEREAS, the City is in the process of constructing the Bonnie Brae Street Widening & Realignment Project Phase 3 (the "Bonnie Brae Phase 3 Project") in the City of Denton, Texas; and WHEREAS, construction of the Bonnie Brae Phase 3 Project makes necessary the relocation, adjustment and lowering of three (3), 4-inch EnLink gas pipelines (DC-400, DC- 404 and DC-406) collectively, (''EnLink Facilities”), as shown on the “Bonnie Brae Relocation’' plans prepared by Enlink, attached hereto as Attachment No. 1 and the Cost Estimate prepared by EnLink, attached hereto as Attachment No. 2 (the “Pipeline Relocation Work”); and WHEREAS, EnLink is the holder of the easements (''EnLink Easements’'), located within the city owned property, parcel ID number 632436 that are in direct conflict with the Bonnie Brae Relocation Project; and WHEREAS, the Bonnie Brae Project requires the City acquire the EnLink Easements which are located within the new roadway alignment of Bonnie Brae Street between Parvin Road and Roselawn Drive; and WHEREAS, this Easement acquisition for the Bonnie Brae Phase 3 Project will require EnLink to relocate, rearrange and lower the Enlink Facilities; and WHEREAS, due to safety concerns, Enlink is unable to relocate Enlink Facilities into the yards of residents on either side of Bonnie Brae Street; and WHEREAS, Enlink has offered to release certain portions of the EnLink Easements to the City in exchange for the City 1) paying the costs for the relocation of EnLink Facilities as proposed in the Cost Estimate attached and provided for in this Agreement and 2) the City’s grant of a license, at no cost for twenty (20) years, for the use of street right-of-way for placement of the below referenced natural gas pipe line, as described in Exhibit B, to accommodate the EnLink Facilities; and WHEREAS, the cost of all such rearrangement of the EnLink Facilities shall be paid by the City; and NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and EnLink hereby agree as follows: 1. The declarations contained in the preamble to this Agreement are material and are hereby repeated and incorporated herein as a part of this Agreement as though they were fully set forth in this paragraph 1. 2. Definitions. As used in this Agreement, the following terms shall have the meaning as defined: 2.01 "Written Notice" shall mean a document, acceptable in form and substance to EnLink and the City, which the City will issue to EnLink to authorize the performance of the Pipeline Relocation Work under the terms of this Agreement. 3. General. 3.01 Prior to the initiation of the Pipeline Relocation Work, and as a condition to EnLink’s obligations hereunder, the City shall grant to EnLink, at no cost or expense to EnLink for the term of twenty (20) years, a Right of Way License to Use Street Right of Way for EnLink Facilities as described in Exhibit B. 3.02 EnLink’s receipt of all property rights necessary for completion of the Pipeline Relocation Work is a condition to EnLink’s obligations hereunder, and all costs associated with obtaining such property rights shall be reimbursed by the City. EnLink’s estimate of such costs is shown on Attachment No 2. EnLink will use good faith efforts to acquire property rights necessary from third persons for the Pipeline Relocation Work, such costs thereto shall be reimbursed by the City. If EnLink is unable to obtain easements, rights-of-way and other interests in land required for the Pipeline Relocation Work, after making an offer in writing, based on the fair market value of the property interest to the property owner from whom the property interest is being acquired, the City agrees to consider acquiring such easements, rights-of-way, and other interests in land, in form and substance reasonably approved by EnLink, at the City’s sole cost and expense, required for the Pipeline Relocation Work. EnLink must provide the City with a survey and metes and bounds description of the property to be acquired. 3.03 Subject to the terms and conditions of this Agreement, EnLink agrees and consents to carry out, or cause to carry out, the Pipeline Relocation Work. The Pipeline Relocation Work will be performed in accordance with applicable laws and regulations. 3.04 The City shall reasonably cooperate with EnLink in completing the Pipeline Relocation Work. fiEARRAbiGEiV ENT AND A3ANDON]bIENT AGRE£R/IEbIT for the Bonnie Brae Phase 3 *:A/tder}ing & Realignment Pro}ectas ireed Page 2 of 7 3.05 EnLink estimates that the Pipeline Relocation Work will be completed within one hundred eighty (180) days following EnLink’s commencement of the Pipeline Relocation Work, subject to delays caused by Force Majeure Events (as defined herein) or acts or omissions of any third party. EnLink agrees to exercise reasonable efforts to commence the Pipeline Relocation Work within thirty (30) days after the later of (i) EnLink’s receipt of payment in the amount of the Cost Estimate attached herein and Written Notice from the City or (ii) satisfaction of all conditions to EnLink’s obligations hereunder, subject to delays caused by Force Majeure Events or acts or omissions of any third party. As used herein, “Force Majeure Events” means: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; and (h) other events beyond the control of EnLink, including, without limitation, inability to access necessary work areas for any reason, or the unavailability of labor or materials. 3.06 Within 90 days following completion of the Pipeline Relocation Work, EnLink will execute and deliver to the City a Partial Abandonment and Release of Easements in the form attached hereto as Example No. 1. 4. Costs, Billing, and Payment 4.01 The full execution of this Agreement by the parties hereto shall obligate the City to pay a lump sum not to exceed Nine Hundred and Sixty-Five Thousand, Three Hundred Eighty-Four Dollars ($965,384.00), subject to appropriation. Such costs and expenses include EnLink’s costs associated with the relocation, construction, and installation of the EnLink Facilities, material, labor, testing, inspection, contracts, rights-of-way and contingency costs, plus fifteen percent (15%) of the foregoing costs to cover administrative, general, supervision and engineering overhead costs (the “Construction Management Fee”). The estimated cost of the Pipeline Relocation Work is Nine Hundred and Sixty-Five Thousand, Three Hundred Eighty-Four Dollars ($965,384.00). The parties acknowledge this is an estimate and that final settlement will be based off invoices, as more fully described below. 4.02 Prior to EnLink performing any Pipeline Relocation Work hereunder, and as a condition precedent to EnLink’s obligations hereunder, the City will pay EnLink the estimated project cost of NINE HUNDRED AND SIXTY-FIVE THOUSAND, THREE HUNDRED EIGHTY- FOUR DOLLARS ($965,384.00) via wire transfer as instructed. 4.03 During the performance of the Pipeline Relocation Work, EnLink will maintain and provide to the City up to date monthly project costs. as needed for the Bonnie REARRANGEMENT AND ABANDONMENT AGREEM EN Phase 3 Widening & Realignment P-oject Page 3 of 7 4.04 Enlink will advise the City of any cost over-runs and/or unforeseen expenses above and beyond the estimated cost attached herein with as much notice as is reasonably possible for each occurrence. 4.05 The City will process authorized costs above and beyond the estimated cost attached herein as a change order to this agreement following the City’s Procurement Policy and may require city council authorization and in compliance with 6.05 of this Agreement. 4.06 After completion of the Pipeline Relocation Work, or earlier termination of this Agreement for any reason, and after any and all pertinent third party invoices are received and accounted for by EnLink, EnLink will furnish to the City a final statement (“Statement“) setting forth (a) the total actual costs incurred by EnLink for the Pipeline Relocation Work, including, but not limited to, the design, material procurement and/or restocking fees, overhead charges, and/or relocation, construction, and installation of the EnLink Facilities, and/or the Construction Management Fee (the “EnLink Total Cost”), less (b) prior amounts paid by the City to EnLink for the Pipeline Relocation Work. Any amount outstanding beyond the authorized not to exceed amount for this Agreement including any authorized change orders will be processed according to the City’s Procurement Policy and may require city council authorization. Upon approval of any outstanding change order(s) following the City’s Procurement Policy, the City shall pay EnLink the final authorized outstanding amount remaining per the agreement terms, via wire transfer pursuant to the previous wiring transfer instructions. Notwithstanding the above, City shall retain the right to require EnLink to provide full documentation of all expenses incurred as well as any non-privileged correspondence and/or documentation re}ated to items which may cause delays in the completion of the pipeline work beyond the terms stated herein. Furthermore, should the EnLink Total Cost be less than the prepayment made in accordance with Section 4.01 above, EnLink will return said excess funds to the City within ninety (90) days of the City’s receipt and agreement of the Final Statement. 5 . Term and Termination 5.01 This Agreement shall become effective as of the Effective Date and shall not expire prior to the satisfaction of each Party’s obligations hereunder, including the City’s full and complete payment to EnLink in accordance with Article 4. Notwithstanding any provision of this Agreement to the contrary, this Agreement may be terminated in a writing executed by authorized representatives of the City and EnLink. 5.02 This Section 5.02, and Article 6 (Miscellaneous) shall survive the termination or expiration of this Agreement. EARRANGEF'J ENT ANC> A8Ahi£X)NIB4EFiT AGREE8/1£FiT 3 \A'idealng & Realignment £>rojeds need -ee ?hathe Bonn Fe Page 4 of 7 6. Miscellaneous. 6.01 Notice. Any notice provided for in this Agreement to be given by either party to the other, shall be in writing and shall be deemed given when personally delivered, or three (3) business days after being deposited in the United States Mail, postage prepaid, certified, return receipt requested, or registered and addressed as follows : To the City: Sara Hensley City Manager 215 East McKinney Street Denton, Texas 76201 Phone: 940-349-7 100 With a Copy to: City of Denton Ann: Trevor Crain, Director Capital Improvement Projects 215 East McKinney Street Denton, Texas 76205 To EnLink: EnLink North Texas Gathering. LP ATTN: Land Department 1722 Routh Street, Ste: 1300 Dallas, Texas 75201 Telephone No.: 214-953-9500 Either party may change its address or facsimile number for notice by giving the other party written notice of same. 6.02 Ownership. All EnLink Facilities are the property of EnLink, and EnLink will continue to own all EnLink Facilities upon completion of the Pipeline Relocation Work. 6.03 Assignment. EnLink shall not sell, assign, or transfer its interest or rights in this Agreement, or any claim or cause of action related thereto in whole or in part, without the prior written consent of the City. As an express condition of consent to any assignment, EnLink shall remain liable for completion of the Pipeline Relocation Work in the event of default by the assignee. 6.04 Waiver of Consequential Damages. Neither Party shall be liable to the other in any action or claim for consequential, indirect, punitive or special damages (including lost profits) whether the action or claim in which recovery is sought is based on contract, tort (including sole or concurrent negligence), gross negligence, intentional or wrongful acts, or strict liability of the Party. To the extent permitted by law, any statutory remedies inconsistent with these terms are waived by the Parties. ENT AND ABANDONMENT AGREEMEN 8 3t 8 REARRANGEN as needed for Page 5 of 7 6.05 Amendment. This Agreement may not be amended except in a written instrument specifically referring to this Agreement and signed by the Parties hereto and dated after the date of this Agreement is signed. 6.06 Applicable Law Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. This Agreement is to be performed in whole or in part in Denton County, Texas. Sole venue for any proceeding to construe or enforce any of the terms or conditions of this Agreement, or seeking damages for its breach shall be Denton County, Texas. 6.07 Number and Gender. Words of any gender used in this Agreement shal! be held and construed to include any other gender and words in the singular shall include the plural and vice versa, unless the context clearly requires otherwise. 6.08 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 6.09 Sole Agreement. This Agreement constitutes the sole agreement between the Parties respecting the subject matter and supersedes any prior understandings or written or oral agreements. 6.10 Legal Construction. In case one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions in this document and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. [signatures on following page]\\\)\:\ I iNF>{3N MENT AGREEMENTfiEAF{RAbJGE bJ ENT AND erririg & Rea}!gnment Project-ae Pha -b'+'_iced ea Page 6 of 7 EXECUTED by the Parties on the dates indicated with their signatures, but effective as of the date specified at the beginning of this Agreement (the “Effective Date”): ENLINK:The CITY: ENLINK NORTH TEXAS GATHERING. LP By: EnLink Energy GP, LLC its general partner CITY OF DENTON By : Signature Printed Name Date Title THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED AS TO financial and operational obligations and business terms. Date ATTEST: JESUS SALAZAR,Signature Title APPROVED AS TO LEGAL FORM:Department Date MACK REINWAND, CITY ATTORNEY /'Mack Gr/.N'ML \\11111111 a \qb QqB +qP dP REARRANGEMENT AND ABANDONMENT AGREEMENT as needed for the Bonnie Brae Phase 3 Widening & Realignment Project Page 7 of 7 ATrACHIVIENT NO. 1 Bonnie Brae Relocation Plans "Enlink Facilities" Map Key B BONNIE BRAE PHASE 3 - ENLINK ExIsting Enlink Une LOCatiOn nw City ROW Areas to be abandoned upon relocatIon completion l••• Relocation Areas new pIpe will be Installed nw Lowered in BonnIe Brae Phase I ProJect :.dtr©n 'Area + e e rb #1 Relocation Area (Private DEL S. BREWSTER, A-56 hIF:– TnL_ZJ X• // 30-ft TEMPORARY WORKSPACE (TWS) FENCE LINE EXISTING PIPELINE I I 1+ X-X D.R.D.C.T. N.T.S. OVERHEAD POWERUNE Tv=x IX I I I L I ft ===POWER POLE DEED RECORDS. DENTON COUNTY, TEXAS PROPERTY HOOK NOT TO SCALE <= 1 tHe ;1 ==R it I ie I i‘ING,EIPEUNE.:P 1/2- REBAR FOUND LOT 1 SOLAR WAY ADDITION CABIN Er B, PAGE 196 D.R.D.C.T. i I3 IB ! 0’100’200’ NOTES: BEARINGS AND DISTANCES ARE BASED ON THE TEXAS COORDINATE 9rSTEM OF 1983. NORTH CENTRAL ZONE. AS DrrERMiNED BY GPS OBSERVATIONS. LGF T PRELIMINARY Rodric R. Reese. R.P.L.S. 5883 I certify that this plat is prepared from field notes of actual surveys made by me or undermy supervision and that the same are true and correct to the best of my knowledge and belief. EXHIBIT “A“SCALE:EnIII JONES FAMILY TRUST DATE:MARCH 02, 2021 NO. 1 REVISION DATE 1 BY 01 /05/21 01 /06/21 LINE NO.: 2397 E SPRINGSIDE B SURVEYED BY:CW LM APEX had Surveying 214 Wapiti Drive Azle. TX. 76020 (817) 565-6681 TBPLS Firm Registration No. 1019+1.30 J AFE, 30012129 DRAWN BY: APPROVED BY: LlbKHID STREAM D 1F?)!N w 1 N G N o 1 : : : it :fes B o n n i e B m eSHEET 1 OF 1mF:n #2 Relocation Area Private DEL S BRM A-56 +rHS;,REBa NTON COUNTY’, TEXAS / / / / I 1 / \(\\i PERMANENT EASEMENT 1.224.31 (74.20 RODS)0.5621 ACRE i /Jr /at TEMPORARY WORKSPACE: 0.9235 ACRE 20’X20 EXISTING PAD I UNEI BEARIN(U L 4 mI f1 LEGEND@ FOUND MONUMENT r––B–––1 20-ft PERMANENT== EASEMENT ECCLESIASTICAL EQUIW. LP CALLED 21.741 ACRESDOC. NO. 2018-147467 D.R.D.C.T.98 B a$ I– – – a 30–ft TEMPORARY L _ '_ J waRKSPAc£ (TWS) X a // FENCE LINE EXISTING PIPELINE D.R.D.C. T, DEED RECORDS, DENTON COUNTY, TEXASN.T.S. NOT TO SCALE DOUBLE EAGLE/7 ADDrrlONLOT 1 CABIN rr B. PAGE 303 P. R. D.C.T NOTES: BEARINGS AND DISTANCES ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983. NORTH CENTRAL ZONE. AS D[rERMiNED BY GPS OBSERVATIONS. MONUMEVr N 8740’04- W rw aR, -T X tO Fr PRELIMINARY Rodric R. Reese, R.P.L.S. 5883 I certify that this plat is prepared from field notes of actual surveys made by me or undermy supervision and that the same are true and correct to the best of my knowledge and belief. EXHIBIT “ A“ ECCLESIASTICAL EQUIT~T', LP SCALE, 1 "=a DATE: MARCH 04, 2021 NO. 1 REViSION DATE 1 BY MI liII 01 /06/23 LINE NO.: 3421 LINE NAME: DC-400 SURVEYED BY:CW LM APEX Land Surveying 214 Wapiti Drive Azle. TX. 76020 (817) 565.6681 TBPLS Firm Registration No. 101941-30 LlhKMIDST REAy 5 AFE, 30012129 DRAWN BY: APPROVED BY: DMWENG NO.: iyLOP5–Bonnk BraeSHEET 1 OF 1Ann CN0(\1 N0 ncLLIoneC)0 8 d)a II i=<Z LLIZ q)EC0an I g € B &c\lac LL0 iNa 0Z LLIZ a)(\1 Cy 00r) 0Z CDZagaZIg: j : : i 111F- 8 b- LLI LLI=cr) II iLL < g g r & jggy JEd BEg g >nc <Z H==•Hll• E l==••Hl• --1 LLInca Sig‘a <( F- on ==n== =X LLI a<0ac Z on ac0V U g ? I ! ! ! i l \ J l I+al [1bI g 3:dniiii i ! i \gig aglg \ \' \ t\Ial I ! ! ! ! ! ;'gg'= {gN[1,! -‘ F : i F : : i ] i : E\ X0onZ0FC)g -JP g =g = i g-:aZLU CD 11 ! a gg i ;IEgg F\1Ll1 ~1LJ 1 rD 1 A + + : + x,]©g®gI K C/51' / I n\ gi Egg CD gBl i; gg gada #4 Relocation Area Private DEL S. BREWSTER, A-56 • LEGEND FOUND MONUMENT 20-ft PERMANENT EASEMENT DENTON COUNTY, TEXAS // FENCE LINE EXISTING PIPELINE I == I i:: I 'k Sg ii ie I === I :: I nB :: i T Z \ 'k \ ==: I :: LIP/=„ .=... FOUND l I OVERHEAD POWERLINE I GUY WRC hI WATER VALVEa TRAFFIC SIGN -e-POWER POLE M ED] @)I D.R.D.C.T. WATER METER BARBARA NELL SEALCALLED 0.50 ACRE VOLUME 4639, PAGE 1204 D.R.D.C.T TEL JUCTION BOX WATER MANHOLE 18 DEED RECORDS. DENTON COUNTY, TEXAS NOT TO SCALE 1 g N.T.S.}\ , QQ 1/2- REBARFOUND IRON ROD FOUND }1a SOLAR WAY ADDITION SECTION TWO FINAL REPLAT CABiN[r D. PAGE 233 P.R.D.C.T {}Cy MARVIN L. WILLIAMS CALLED 0.901 ACRE DOC. NO. 2014–29348 D.R.D.C.T BUILDING }V / a PROPOSED/ CENTERLINE ––– – I– – – –––––a–––––/ MONUMENT FOUND JAMES J. TRAVELL. SR AND MARIE A. TRAVELLCALLED 2.115 ACRES DOC. NO. 2014–67538 D.R.D.C.T r iR ED ie \\ BEARI AGS AND DISTANCES ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983. NORTH CENTRAL ZONE, AS D[rERMiNED BY GPS OBSERVATIONS. hLm–#ITamIM U jei1O’ 60’ 1 20’ PERMANENT EASEMENT: 259.13 FEn (15.70 RODS) 0.1190 ACRE PRELIMINARY Rodric R. Reese. R.P.L.S. 5883 I certify that this plat is prepared from fieldnotes of actual surveys made by me or under my supervision and that the same are true and correct to the best of my knowledge and belief. EXHIBIT “ A“SCALE 1 "= al DATE: OCTOBER 07, 2021 NO. 1 REVISION DATE 1 BY 01 /05/21 10/07/21 MARVIN L. WILLIAMS LINE NO.: 3421 1 UNE NAME: DC-4® SURVEYED BY:CW LM/BC APEX Land Surveying 214 Wapiti Drive Azle. TX. 76020 (817) 565.6681 TBPLS Firm Registration No. 101941-30 I AFE, 30012129 DRAWN BY: APPROVED BY: D 1B:ytN W 1 N G N O r : i : 1: :g B O n n i e B m eSHEET 1 OF 1naU #5 Relocation Area ANB TOMPKINS, A-1246 DENTON COUNTY, TEXAS I ': I ie \ iII I :: I ::I'\ I t R ;! i i :–:‘ TWS\ BARBARA NELL SEAL CALLED 0.50 ACRE VOLUME 4639. PAGE 1204 D. R.D.C.T NOTES: BEARINGS AND DigrANCES ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983. NORTH CEVIRAL ZONE. AS D[rERMINED BY GPS OBSERVATIONS.IRON ROD FOUND { I BUILDING MARVIN L. WILLIAMS CALLED 0.901 ACRE DOC. NO. 2014–29348 D.R.D.C.T CITY OF DENTON CALLED 4.69 ACRES DOC. NO. 2013–150940 D.R.D.C.T PERMANENT EASEMENT: 17.28 FEEr S1.bO£79ROABI)E L1 TEMPORARY WORKSPACE: 0.0116 ACRE C\1J PROPOSED CENTERLINE JAMES J. TRAVELL. SR. AND MARIE A. TRAVELL CALLED 2.115 ACRES DOC. NO. 2014–67538 D.R.D.C.T 1/2- REBAR FOUND /\ \\ LEGEND• FOUND MONUMENT f ---g–--1 20–ft PERMANENT[_M_ J EASEMENT 0’40’80’ r– –––1 30–ft TEMPORARY L _ I J WORKSPAC£ (TWS) P )IF g // FENCE LINE EXISTING PIPELINE D.R.D.C. T. DEED RECORDS, DENTON COUNTY. N. T.S. NOT TO SCALE County PRELIMINARY Rodric R. Reese. R.P.L.S. 5883 I certify that this plot is prepared from field notes of actual surveys made by me or under my supervision and that the same are true and correct to the best of my knowledge and belief. EXHIBIT ” A“SCALE:ERIeI NO.REVISION DATE 1 BY 01 /05/21 10/07/21 ciPr OF DENTON DATE:OCTOBER 07, 2021 LINE NO.: 3421 LINE NAME: DC400 SURVEYED BY: DRAWN BY: CW aM APEX land Surveying 214 Wapiti Drive Azle. TX. 76020 (817) 565.6681 TBPLS Firm Registration No. 101941.30 LlhK j AFE, 30012129 D 1Ri)1i W 1 N G N 0 p : i : foI := 8 O n n i e B m eSHEET 1 OF 1APPROVED BY:BS11a Ul D STREAM Lower in ANB TOMPKINS, A-1246 0’80’160’ JAMES EDMONSON, A-400 DENTON COUNTY, TEXAS NOTES: BEARINGS AND DISTANCES ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, NORTH CENTRAL ZONE. AS DrrERMiNED BY GPS OBSERVATIONS MARVIN L. WILLIAMS CALLED 0.901 ACRE DOC. NO. 2014–29348 D.R.D.C.T i 1/2- REBAR FOUND TOP • LEGEND PERMANENT EASEMENT: 348.28 FE rr 11 RODS)aT:599 ACRE ;yI E ie bo T ;F) I il I r =bal1 : 1LJ FOUND MONUMENT 20–ft PERMANENT EASEMENT TEMPORARY WORKSPACE: 0.2399 ACRE I 1– T=–1L__J 30–ft TEMPORARY WORKSPACE (TWS) '1 I I I 0 +V0tr) ABi S! .Q0Z 8a H X a // FENCE LINE EXISTING PIPELINE Z eZ LLIa LL0 Ea C/) LLI acC) < a)10 \i a LLI < '1 C) 19( >W< kg (B)I WATER LINE / I lejlaiR I <! i i:: I LuI bya\1inr00 Z FIRE HYDRANT WATER VALVE GAS VALVE WATER MANHOLE D.R.D.C.T.DEED RECORDS. DENTON COUNTy, TEXAS NOT TO SCALEN.T.S. 8Z ::CROSSTEX CCNG TRANSMISSION, LTD. 15’ EASEMENT ANDRIGHT OF WAY DOC. NO. 2005–16178 D.R.D.C.T 1/2- REBAR FOUND I , xl \ !! AM \ ! \ \ IF\ D.R.D.C.T \I\ CFr OF DENTON UTIUW AND SLOPE EASEMENT I 1 11 II IPARCEL 34–USE–1, CALLED 0.33 ACRE 1 1 k ;DOC. NO. 2014–29352, D.R.D.C.T 1 ; Ill f 1!II kIt DOC. NO. 1 201 4–29352 CROsgrEX CCNG TRANSMISSION. LTD. - 11 ! 15’ EASEMEVr AND RIGHT OF WAY I; TDOC. NO. 2005–16178, D.R.D.C.T ;I I IciPr OF DENTON I CALLED 1.91 ACRESt THE CHAMBERLAIN TRUST CALLED 19.823 ACRE DOC. NO. 2000–11952 D.R.D.C .T ;/====c= Z e! ? =1=/ = e/tel 11 I '!. gEl,E'$.BriBEE„„„"–-+ PARCEL 34–USE–2 I CALLED 0.24 ACRE \ DOC. NO. 2014–29352 I D.R.D.C.T 111 to FT N. T. S.PRELIMINARY RODRIC R. REESE Rodric R. Reese. R.P.L.S. 5883 I certify that this plat is prepared from field notes of actual surveys made by me or under my supervision and that the same are true and correct to the best of my knowledge and belief. +e•+ EXHIBIT ”A“SCALE: DATE: Mt CITY OF DENTON MARCH 04, 2021 NO. 1 REVISION DATE 1 BY 05/1 9/21 06/1 1 /21 UNE NO.: 3421 1 UNE NAME: DC-400 SURVEYED BY:CW BC APEX Land Surveying 21 '1 Wapit.i Drive Azle, TX. 76020 (8 17) 565-668 1 TBPLS Firm RegistTatiort No. 101941.30 [ilhK MIDST REAy a AFE, 30012129 DRAWN BY: APPROVED BY: DRAWING NO, SHEET 2021.005-Bonnie Brae Reloca{e THEn 1 OF 1 #7 - Lowerin,’Private JAMES EDMONSON, A-400 DENTON COUNTY, TEXAS CITY OF DENTON CALLED 4.69 ACRES DOC. NO. 2013–150940 D.R.D.C.T CROsgrEX CCNG TRANSMISSION. LTD. 15’ EASEMENT AND ’RIGHT OF WAYDOC. NO. 2005–16178 D.R.D.C.T 1/2- REBAR FOUND Ia I T THE CHAMBERLAIN TRUST CALLED 19.823 ACRE DOC. NO. 2000–11952 D.R.D.C.T i II – Il – Il -– JI – // I I I I I crrr OF DEvroN Lrrlurr AND SLOPE EASEMEVr PARCEL 34-USE-1 CALLED 0.33 ACREDOC. NO. 2014–29352 D.R.D.C.T I I I I \ I 11 It I I I l I I L \ $ \ i I I I 1 THE CHAMBERLAIN TRUST CALLED 19.823 ACRE DOC. NO. 2000–11952 D.R.D.C.T CRosgru CCNG TRANSMISSION, LTD.15’ EASEMENrr AND RIGHT OF WAYDOC. NO. 2005–16178 D.R. D.C.T crrY OF DENTON CALLED 1.91 ACRE DOC. NO. 2014–29352 D.R.D.C.T LEGEND FOUND MONUMENT 10–ft PERMANENT EASEMENT I I 30-ft TEMPORARY WORKSPACE (TWS) I I cnr OF DENTON UTILITY AND SLOPE EASEMEVr PARCEL 34–USE-2 CALLED 0.24 ACRE DOC. NO. 2014–29352 D.R.D.C.T X• // FENCE LINE EXISTING PIPELINE la >W< %$ CHD FIRE HYDRANT WATER LINE I I WATUR VALVE GAS VALVE I I 1 D.R.D.C.T. WATER MANHOLE DEED RECORDS, DENTON COUNTY, TEXAS N.T.S.NOT TO SCALE O’ 50’ 1 00’PERMANENT EASEMENT: 5.98 FEEr (0.3624 RODS) NOTES: BEARINGS AND DISTANCES ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983. NORTH CENTRAL ZONE. AS D[rERMiNED BY GPS OBSERVATIONS. To Fr PRELIMINARY RODRIC R. REESE•••••••+••••+ + +++ qRodric R. Reese. R.P.L.S. 5883 I certify that this plat is prepared from field notes of actual surveys made by me or undermy supervision and that the same are true and correct to the best of my knowledge and belief EXHIBIT ” A“ THE CHAMBERLAIN TRUST SCALE:MII DATE:MARCH 04, 2021 NO. 1 REVISION DATE 1 BY 01 /05/21 01 /06/21 LINE NO.: 2502 LINE NAME: DC.404 SURVEYED BY:CW LM APi-:\ I.;intl SCEj-+-1.vinE 21 4 Waliiti Drive Azle, TX. 76020 (8 in 565.668 TBPI,S Firm Registration No. 101941-30 I AFE, 30012129 DRAWN BY: APPROVED BY: D 1Ri)!N W I N G N 0 H : i : 1201 := B o n n i e B r a eSHEET 1 OF 1Ea?:a #8 IW erl JAMES EDMONSON, A-400 DENTON COUNTY, TEXAS CITY OF DENTON CALLED 4.69 ACRES DOC. NO. 2013–150940 D.R.D.C.T CROSSTEX CCNG TRANSMISSION. LTD. 15’ EASEMENT AND'RIGHT OF WAY DOC. NO. 2005–16178 D. R. D.C.T 1/2" REBAR FOUND i i THE CHAMBERLAIN TRUST CALLED 19.823 ACRE DOC. NO. 2000–11952 D.R.D.C.T TI I gIlt– // – // – // – asm ## II II – /I I/ /I – if 'LI I I I \ I I I I i 1 1 I \ \ 1 \ \ \ \ BUILDING I I € It+ CITY OF DEVrON LrrILlw AND SLOPE EASEMENT PARCEL 34–USE–1 CALLED 0.33 ACRE DOC. NO. 2014-29352 D.R.D.C.T I I I I I I 11 It THE CHAMBERLAIN TRUST CALLED 19.823 ACREDOC. NO. 2000–11952 D.R.D.C.T CROSSTEX CCNG TRANSMISSION, LTD. 15' EASEMENT AND RIGHT OF WAYDOC. NO. 2005–16178 D. R. D.C.T CITY OF DENTON CALLED 1.91 ACRE DOC. NO. 2014–29352 D.R.D.C.T • LEGEND I b I I b ! FOUND MONUMENT 10–ft PERMANENT EASEMENT I I \ I I I––––IL___J 30–ft TEMPORARY WORKSPACE (TWS) CW OF DEMON UTILIW AND SLOPE EASEMENT PARCEL 34–USE–2CALLED 0.24 ACRE DOC. NO. 2014–29352 D.R.D.C.T 1 X U // FENCE LINE EXISTING PIPELINE i L I I I I I FIRE HYDRANT WATER LINE I I WATER VALVE GAS VALVE I I (MD D.R.D.C.T. WATER MANHOLE DEED RECORDS, DENTON COUNTY, TEXAS E S @3N.T.S. 0’ NOT TO SCALE 50’ 1 00’PERMANENT EASEMENT: 124.67 FEEr (7.56 RODS) NOTES: BEARINGS AND DISTANCES ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, NORTH CENTRAL ZONE. AS DETERMINED BY GPS OBSERVATIONS La F•q PRELIMINARY RODRIC R. REESE Rodric R. Reese. R.P.L.S. 5883 I certify that this plat is prepared from field notes of actual surveys made by me or undermy supervision and that the same are true and correct to the best of my knowledge and belief. SS\ UR EXHIBIT “A“SCALE, 1"=50' DATE: MARCH 04, 2021 NO.REVISION DATE 1 BY atElila 01 /06/21 ciPr OF DENTON LINE NO.: 2502 1 LINE NAME: DC-404 SURVEYED BY:CW LM APEX La ncI StIr\-eying 214 Wapiti Drive Azle. TX. 76020 (817) 565-6681 TBPLS Firnt Registration No. 101941-30 DRAWN BY: APPROVED BY: LlhKHID STREAM I AFE, 30012129 D 1Fi)c\ W I N G N 0 H : i :IIL := B 0 n n i e B r a eSHEET 1 OF 1EarlU ATTACHMENT No. 2 "Estimated Cost" Pipeline - AFE Budget Worksheet - Gate 3 - Exhibit A South Bonnie Brae Street -30012129 - August 2023 TOTAL et: $965,384 Tax Rate of: 10.00% Freight Cost % of Materia a Unit Taxable Base Cost ::== Freight 5.00% 0 ! [0 261 263 Land Apprai:M ROW Easments Pipeline Permnt Easement - 30ft Valve Sites Pigging Site e Yard Road Crossing Permits ROW - Contract Land Work Title Work Acquisition Construction Support LanL@ey Costs Pre-construction Support Construction Support As-bui®s q $ $ $ roc 3 1 ea IS ea ea ea 500 1,500 t 1 :1 :: 1: I n!!a $ IN gN 72,000 67,500 4,500 72,000 67,500 4,500 264 TTTonm •!IA = i 10 1,800 2 53,810 44,810 0 9,000 8,962 8,962 0 0 53,810 265 $ey ROW 266 269 248 253 254 256 257 Contractors - Inspection X-Ray - Crew 1 X-Ray - Crew 2 Col Contractors - Instrumentation & Control Contractors - Civil Supervision - 3rd PartY Chief Inspector1 Assistant Chije CIa Material Coordinato Ir Welding Inspectojr NDE Inspector1 Utility Inspector #1 r O I I r r t I halt CTR Services-New Construction r O coNSTRUcr lamM Hydro Excavtion Goal Post Overhead Utility Lines e Timber Mats a ROW & Clea mr Addtnl Clearing Timber & Brush Grub, Chip, Grind, haul off stumps Stabilization of ROW En vir or is 3 ; 1 4 o o I I I 32,400day o1 d;y 1 1 „,. 1 ol I I $1,800 0 day day day day day day day day day day day day ea Da 1=Ja tT-[lrTo I No No No No No No No No No No No No No No 92,000 44,000 40,000 0 0 0 0 0 0 0 8,000 0 0 0 0 1 1 1 4 ;/ o o o 1TTmo–F–I 0TTa––ni–I 0TTaTTTo–[–I–[–I––[–I–[–I 0–=-I 0–[–I 0 0 8,000 262 272 272 in aTa–TM=HHl•l 331,736 90,380 101,296 54,000 27,000 3,000 10,500 12,500 1,000 12,000 12,000 0 0 4,600 C$ on$6 1 ea IS ea 25 1 ea IS 200 1 ea IS 3,000 500 1,500 500 5 mTno{TTc =nTInn= 27,000 3,000 10,500 12,500 1,0001 272 Tl$1,000 272 Silt Fence Super Silt Fenced 12" Silt Sock 24" Silt Sock $“12 E 0 To T=0T–Flat–I oF 1 0 00F–F–I1,000 r–r–I0 0 No No No No No I No 1 No No No No 3,600 Silt Filtration Bag Curlex or Equivalent Hay Bales miM–Mglldlarnetar Sack Brakers/Foam Brakers! Geo-Textile Fabric Ditching O X no2 No2i---I––8 6,000 1, 160 6,400 13,560 6,000 1,160 6,400 14,800 10,000 4,800 CroW& Backfill r Single Wrap Rock Shield Double Wrap Rock Shield Mechanical padding om;mma Install I o M Rea 800 I eaB 10,000 4,800 0 0 0 TH = 0A0 ea No 0 31,100 1,500 272 Other Extras Test Leads [ =3 $ [ ea 1 1 ea 1 1 1 ea 1 1 1 ea 1 ea ea U 1 ea IS /UU I ea 5 1 ea IS 1 1 ea 1 500 No No No No No No No No No No [–I–1,500l–T–l•F–TII–TiF––IiI=I 0 0 0HEFMM=17,500 ©ajMe M Stone Rip Rap r o Pipeline Markers Hot Tie Insl T&M for lowering ISCy of pipeline Water Truck Burn Ban 700 6,500 3,500 5,600 6,500 17,500 272 Con@uction-FabriM r Fabricate & instajMe Valvel a Barricadesl ea ea ea No No No 0 10,000 0 $10,000 10,000 0 273 131 134 137 138 141 145 146 149 150 151 CTR Services-Maint/Repair Buildings bmpress8(M Compressors & generators Electrical Equipment Foundations Ima Rsr ontrdB Other Equipment Other parts & Supplies Pipe, Valves & Fittings Pipe, Valves & Fittings TDW Hot tap/Stopple Fittings Pipe Bendsq $ea =al 4,500 75 0 825I0 266 533 2Yes 1 Yes I Yes Yes 6,124 5,175 0 155 Misc. PV&F - Fabrication Pipes @1 r8 949 0 Pipe - FBE Pipe - ARO 1 2571 1948A HeIIt [i––X88t–tesI Has MT3 -–t 38,726 0 @29 7,8589 m 9 W I O 0 157 159 160 156 161 Valves Meter Tubes 1 Control Valves sT Tov\@ F@(ements, EF@Analysis 207 209 217 219 162 299 Professional Fees - Legal Prof@ba’I Fees. - kM Detailed Design Env,jIM,ental pmr LinePack Other Fees New &Mods 103,291 103,291 HE te: : ;t = ac:ki :rP: : : 13,800 6,000 2, 100 0 5,700 Enlink 15% Mark-upI 1 ea day day day day day Da $ 103,291 No 103,291 113 Allocated Capital Labor Engineering/Project M anagemer® Existing Operations Personna New Operations Personnel 1,000 700 950 13,800 6,000 2,100 0 S,700 0He m 201 202 218 258 279 311 355 357 551 553 557 654 Computer Hardware ©nipu@@A/,are 'Mapping & Draftin L ife;iiiMb Charges Equipment Ren w/o Operator 1 1 ml Office Supp#@ Copier Service THElnFljnM IETHI mInI HIm Auto Fuel Safety Supplies SUBTOTAL 791,901 nT9 8,379 804,486 139 Contingencies Based on Fixed Amount ( S) 160,897 r-IEo3uliarnun] $ 160,897 -F;;;mpercent of "Subtotal before Contingencies" (%) EXHIBIT B to R & A Agreement Right of Way License Agreement RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPELINES THE STATE OF TEXAS § § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: THAT the City of Denton, a Texas home rule municipal corporation (“Licensor” or “City”), acting by and through its duly authorized City Manager, or their designee, for the consideration set out below, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto EnLink North Texas Gathering, LP, a Texas limited partnership (“Licensee”), its successors and assigns, the right to enter upon, construct. operate, maintain, repair, replace and expand gas pipelines in certain parcels of land or easements owned by the City of Denton in Denton County, Texas, Licensee to cross roads, streets and easements under the jurisdiction of Licensor as described in “Attachment 1”, “Attachment 2”, “Attachment 3 ”, and “Attachment 4”, all attached hereto and incorporated herein by reference (“Licensed Premises”), all pursuant to the terms and conditions of this agreement (“License”). Section 1- Right-of-Way Permit Application. Nonexciusive use for relocation work required for the city’s Bonnie Brae Street Widening and Realignment Project – Phase 3, Licensee shall have no obligation to submit a Right-of-Way Permit application (“Permit”) or associated fee, as generally required under Code of Ordinances Chapter 25, Article II, Division 3 – Right-of-Way Construction Management, Licensee will provide to: ROW Inspection Department, Public Works Division, 401 North Elm Street, Denton, Texas, 76201-4137, 940-268-7285; a minimum of two weeks prior to work beginning; plans accurately showing the proposed location, course, and alignment of the proposed pipeline(s) and schedule of anticipated work; in addition, Licensee will provide; The business address and telephone number of the person responsible for the operation of each existing pipeline; The business address and telephone number of the owner of each existing pipeline; The telephone number of at least one emergency contact available on a 24-hour basis; d.Certificates of insurance for the coverages set forth in this License; and The name, address and telephone number of Licensee. In the event that the governing body of the City authorizes someone other than the Licensee to occupy space within the Public Rights-of Way, such grant shall be subject to the rights herein granted or heretofore obtained by the Licensee. In the event that the governing body of the City shall close or abandon any Public Rights-of Way which contains existing facilities of the Licensee, any conveyance of land within such closed or abandoned Public Rights-of Way shall be subject to the rights herein granted or heretofore obtained by Licensee. Provided, that the Company may be ordered to vacate any land so conveyed if an alternate route is practicable and if the Licensee is reimbursed by the person to whom the property is conveyed for the reasonable costs of removal and relocation of facilities. RiGHT OF W+\'ERTAI N C in PROP EFEFiSE TO US ed for the Bo a B 6353 3 \\’idening & Re3tigas n T/ FOR PLACEMENT OF GA'PiPELINES Page ! of 8 Section 2. Terms and conditions. For and in consideration of the execution of this License and the mutual promises and covenants of the parties hereto, it is mutually promised, understood, and agreed as follows, to wit: 1. Term. This License shall be for a term often (20) years unless terminated earlier as provided hereafter. 2. Material transported. Licensee may operate pipelines authorized under this License for the purpose of transporting gas and associated byproducts as described in “Attachment 1 – Licensee Summary” or in accordance with any update notice filed with the City Engineer pursuant to subsection 3 below. If Licensee changes the material transported in a pipeline, the Licensee shall notify the City Engineer in accordance with subsection 3 below. 3. Updating information. Licensee shall update its plans within 30 days after changes occur. Licensee shall not transport in a pipeline any material other gas and associated byproducts, or operate pipelines in excess of their maximum operating pressure or disable any shutoff valve, without notifying the City Engineer of such change ten days or more prior to such change. Upon request by the City Engineer, made no more frequently than annually, Licensee shall certify in writing to the City Engineer that Licensee’s information provided to the City is true, correct and complete. For the purpose updating information or notice by Licensee to City Engineer, the mailing address is as follows: AHn: City Engineer, 401 North Elm Street, Denton, Texas, 76201- 4137 4. Option to Terminate. Licensee shall have the option to terminate this License at any time upon giving the Licensor written notice sixty (60) days in advance of such termination. 5. Option to Terminate. Licensor shall have the option to cancel and terminate this License for failure of Licensee to comply with any provisions or requirement contained in this License after sixty (60) days written notice to do so. 6. Condition Upon Termination. Upon termination of this License, Licensee shall abandon the Licensed Premises, either physically retiring the gas pipelines, as per applicable standards, or outright removal thereof. In the event of outright removal, Licensee shall obtain a separate Right-of-Way Permit for such pipeline removal work and effect such removal within 120 days of the Right-of-Way Permit approval by the City. 7. Abandoned pipeline. In the event a pipeline that is permitted by this License becomes an abandoned pipeline; Licensee shall notify the City Engineer as soon as practicable. The City may request the Licensee to remove such abandoned pipeline from the street (and if objected to by Licensee, only if City Council so directs), and in such instance, Licensee shall obtain a separate Right-of-Way Permit for such pipeline removal work and effect such removal within 120 days of Right-of-Way Permit approval by the City. Licensee shall not be required to pay any fees under this License for an abandoned pipeline following the date of its abandonment; however, Licensee shall not be allowed any credit or rebate for any fees previously paid for an abandoned pipeline. RiGHT OF WAY LiCENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PiPELINES as needed for the Bonnie Brae Phase 3 Widening & ReaIIgnment Project Page 2 of 8 8. City Inspection. The City retains the right to make visual, non-invasive inspections of the pipeline and on request of the City from time to time, to require Licensee to provide available records or data to demonstrate its current compliance with the terms of this License. 9. Consideration. In consideration for the License granted herein, upon completion of the lowering and relocation work; Licensee shall release easements to the City needed for the City’s Bonnie Brae Street Widening and Realignment Project as more particularly described in Exhibit ''A’' attached hereto and made a part hereof. Notwithstanding any requisite fees associated with the Right-of-Way Permit referenced herein, the usual and customary street right-of-way use fees shall be waived for this License as this License is being issued so the Licensee can relocate its pipelines to an available location to accommodate conflicts brought about by the City’s Bonnie Brae Street Widening and Improvements Project – Phase 3. This waiver is only applicable to the relocation efforts associated with the City’s Bonnie Brae Street Widening and Improvements Project – Phase 3. 10. Option to Renew. Licensee shall have the option of renewing and extending the term of this License for additional terms in ten (10) year increments, by giving notice of Intent to Renew in writing to the Licensor not less than ninety (90) days in advance of the date of termination of the initial (20) year term. Upon receipt of such Notice of Intent to Renew, the Licensor will process the Notice following the procedures set forth by the City. 11. Construction Upon Execution. Licensee shall have the right to begin construction of gas pipelines upon the execution of this License by all parties hereto. The placement of the gas pipelines shall interfere as little as practicable with the use of the streets, sidewalks, alleys, easements, or private property and shall be in accordance with the directives of the City Engineer of the City of Denton. Licensee shall bore under the Licensed Premises and shall not open cut any ofthe Licensed Premises, unless approved by the City Engineer. Licensee shall provide “as built drawings'’ to the office of the City Engineer upon construction of the gas pipelines depicted in “Attachment 1 ”, “Attachment 2”, “Attachment 3”, and ''Attachment 4’', all attached hereto. If Licensee is found to be using the Licensed Premises for other purposes than those granted herein, this License shall be null and void and Licensee shall have no further rights for Licensed Premises usage 12. Insurance and Indemnity. Licensee shall provide or cause to be provided the insurance described below upon execution of this License. a. Commercial General Liability Insurance. This coverage must include premises, operations, blowout or explosion, products, complete operations, blanket contractual liability, underground property damage, broad form property damage, independent contractors and personal injury. This coverage should be a minimum Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property Damage and $2,000,000 aggregate.. The insurance shall also include Pollution liability insurance coverage for sudden and accidental environmental contamination with minimum limits of liability of five million dollars ($5,000,000). b. Automobile Liabilitv Insurance. ( 1) Minimum Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property Damage; and (2) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page which includes coverage for hired, leased and non-owned vehicles. GHT OF WAY !dui for :a NSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PiPELiNES e Brae Phase 3 Wide & Realignment Projectbn Page 3 of 8 c. Worker’s Compensation Insurance. In addition to the minimum statutory requirements: ( 1) Employer’s Liability limits of at least $500,000 for each accident, $ 100,000 for each employee, and a $500,000 policy limit for occupational disease; and (2) The insurer agrees to waive rights of subrogation against the city, its officials, agents, employees, and volunteers for any work performed for the city by the Licensee. (3) The Licensee shall comply with the provisions of with Section 406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker’s Compensation Commission. d. Excess Liability Insurance. Excess Liability Insurance shall be provided with limits of not less than Five Million, ($5,000,000.00) annual aggregate. e. INDEMNIFICATION. LICENSEE SHAT,L AND HEREBy DOES INDEMNIFy. DEFEND AND SAVE HARMLESS THE LICENSOR, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, NAME AND DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED AS SUSTAINED BY ANY PERSON. PERSONS OR PROPERTY ON ACCOUNT OF THE OPERATIONS OF THE LICENSEE, ITS AGENTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS; OR ON ACCOUNT OF ANY NEGLIGENT ACT OF FAULT OF LICENSEE, ITS AGENTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS IN CONNECTION WITH THE OBLIGATIONS OF THE LICENSEE UNDER THIS LICENSE; AND SHALL PAY ANY JUDGMENT, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE LICENSOR GROWING OUT OF SUCH INJURY OR DAMAGE INCLUDING BUT NOT LIMITED TO, LIABILITY, CLAIMS AND DAMAGES ARISING IN M PART FROM THE NEGLIGENCE OF THE CITY OF DENTON IN THE COURSE AND SCOPE OF PERFORMING ITS DUTES UNDER THIS LICENSE. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENTED BY THE LICENSEE TO INDEMNIFY AND PROTECT THE I AND/OR ITS OFFICERS, EMPLOYEES, DEPARTMENTS, AGENTS OR SERVANTS WHETHER THAT NEGLIGENCE IS THE SOLE OR THE CONTRIBUTING OR CONCURENT CAUSE OF THE RESULTANT INJURY. DEATH AND/OR DAMAGE. f. General provisions (1) All policies shall be endorsed to read “THIS POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE TO THE OWNER AND THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM, IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED”. (2) Commercial General Liability and Automobile Liability insurance shall be written by companies with A: VIII or better rating in accordance with the current Best Key Rating Guide (3) Commercial General Liability, Automobile Liability, and Excess Liability insurance policies shall name as “Additional Insured” the Licensor and its officials, agents, employees, and volunteers. (4) Certificates of insurance must reflect all coverages and endorsements required by this section. Coverage shall be placed with insurance carriers licensed to do business in the State of Texas or with non-admitted carriers that have a financial rating comparable to carriers licensed to do business in Texas approved by the City. RiGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPELINES as needed for the Bonnie Brae Phase 3 Widening & Realignment Project Page 4 of 8 13. Performance Bond. Licensee shall provide a performance bond, in the amount of two thousand dollars per location, (§2,000.00). Licensee may add additional gas pipelines and the Director of Engineering shall determine the amount of the performance bond for additional gas pipelines as approved by the Licensor in accordance with this License. In any event the amount of the performance bond shall not exceed fifty thousand dollars $50,000. The performance bond shall be executed by a surety company authorized to do business in the State of Texas in accordance with Chapter 2253 of the Texas Government Code. 14. Subordination. This License is subordinate to the Licensor’s interests in the Licensed Premises. Licensor reserves the right to use the Licensed Premises and the airspace above the Licensed Premises for any public purpose allowed by law and to do and permit to be done, any work in connection therewith which may be deemed necessary or proper by the Licensor on, across, along, under or over said Licensed Premises. In this instance of License grant, so as to accommodate conflicts brought about by the City’s Bonnie Brae Street Widening and Improvements Project – Phase 3, the reasonable and customary costs for any physical relocation required of Licensee’s gas pipeline facilities within the Licensed Premises, that are deemed by the City Engineer to be in conflict with any future City public works improvement initiative, then such gas pipeline relocation costs shall be reimbursable to Licensee by Licensor, subject to Licensor’s review and approval of a cost estimate provided by Licensee, prior to commencement of that gas pipeline relocation work activity. 15. Notice. Any notice or communication required in the administration of this License shall be sent to the Licensor as follows: City Manager of the City of Denton 215 E. McKinney Denton, Texas 76201 Any notice or communication required in the administration of this License shall be sent to the Licensee as follows: EnLink North Texas Gathering, LP ATTN: Land Department 1722 Routh Street, Ste: 1300 Dallas, Texas 75201 Telephone No.: 940-577-3396 16. Police Powers. Licensee is subject to all police powers of the City of Denton in the placement and maintenance of its gas pipelines, as well as all other ordinances as currently exists and as may be amended in the future of the City of Denton. The City of Denton retains regulatory authority over all health, welfare and safety issues that may arise in regard to the transport of gas in the pipelines, except to the extent preempted by State or Federal law. Licensor shall have the right to inspect Licensee’s safety reports and to require the inspection or review of the gas pipelines by the City Engineer, or their designee, of the City of Denton. In this instance of License grant, so as to accommodate conflicts brought about by the City’s Bonnie Brae Street Widening and Improvements Project – Phase 3, the reasonable and customary costs for any physical inspection or review of the gas pipelines required by the City Engineer will be mimbursable by Licensor, subject to Licensor’s review and approval of an estimate provided by Licensee, prior to that work activity. £NS£ TO USE CERTAIN CITY PROPERTY FOR PLACEMEPRiGHT OF VYA' as needed for the 8<3 3 \,Videlr ing & Realignment ProjectBrae Pha T OF GAS Pt PFI iN Page 5 of 8 17. Non-Transferrable Without Consent. The rights granted by this License inure to the benefit of the Licensor. The rights shall not be assigned or transferred without the express written consent of the governing body of the City of Denton. Any required consent is to be evidenced by ordinance or resolution of the City Council of the City of Denton. 18. Transfer or Partial Assignment. Except as otherwise provided herein, or except as may be hereafter determined by the parties, no party to this License may sell, assign, partially assign or transfer its interest in this License, or any of its right, duties, or obligations hereunder, without the prior written consent of the other party. Whenever the consent or the approval of a party is required herein, such party shall not unreasonably withhold, delay, or deny such consent or approval. 19. Waiver. No waiver or modification of this License or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this License, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth 20. Unenforceable Provisions. In the event that any one or more of the provisions hereof contained in this License shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect the other provisions, and the License shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this License. 21. Entire Agreement. This License and the exhibits attached thereto, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede any prior understandings or written or oral agreements between the parties with respect to the subject matter of this License. No amendment, modification, cancellation, or alteration of the terms of this License shall be binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and is duly authorized and executed by the parties hereto. 22. No Waiver for Failure to Enforce. The failure of either party to enforce or insist upon compliance with any of the terms or conditions of this License shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. 23. Captions. The captions contained in this License are for informational purposes only and shall not in any way affect the substantive terms or conditions of this License. 24. Laws of Texas. This License shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any disputes arising from the performance of this License shall be in Denton County, Texas. [SIGNATURES ON FOLLOWING PAGE(S)] RIGHT OF WAY LICENSE TO USE CERTAIN CiTY PROPERTY FOR PLACEMENT OF GAS PIPEUNES as needed for the Bonnie Brae Phase 3 Widening & Realignment Project Page 6 of 8 [N WITNESS WHEREOF, the parties hereto have executed this License on this day of , 2023. LICENSOR:LICENSEE: CITY OF DENTON ENLINK NORTH TEXAS GATHERING, LP By :EnLink Energy GP, LLC its general partner Bv: Sara Hensley, City Manager By : Signature Date Printed Name Title ATTEST: JESUS SALAZAR, CITY SECRETARY Date By : APPROVED AS TO LEGAL FORM: MACK REINWAND, CITY ATTORNEY By: RiGHT OF WAY L! <=EN S for the BonnIe Brae PF €RTAih! Cif/ PROPERF/ FOR PLACE$/1ENT OF GAS PiPELINES ase 3 \Vic+colnE & Irl}proyefrtents Proiect Page 7 or 8 ACKNOWLEDGMENT STATE OF TEXAS § § §COUNTY OF DENTON On this day personally appeared Sara Hensley, City Manager of the City of Denton, Texas, known to me; to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that they executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this the day of .. 2023 Notary Public Signature Commission Expiration Date ACKNOWLEDGMENT STATE OF § § §COUNTY/PARISH OF On this day personally appeared Name of Enlink authorized person signing for EnLink Energy GP, LLC, the general partner ofTitle EnLink North Texas Gathering, LP, known to me to be the person and official whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of said entities. Given under my hand and seal of office this the day of .. 202 Notary Public Signature Commission Expiration Date RiGHT OF WAY LICENSE TO USE CERTAiN CiTY PROPERTY FOR PLACEMENT OF GAS PiPELiNES as needed for the Bonnie Brae Phase 3 Widening & Improvements Project Page 8 of 8 m BIURI 000 aD Z G) on a)> ZOO ?S” gA70 = gIE PHI iNr- &f) =10Z aD0X =0 g hI;a < >r6 a) IOO 0 g g #1 gig 3 e s : $22--l–I L :ggii >i =! i i 1H T: il i g ,\ ,\ ,\!!! & E = W B 23 = – al :g g ; i • jIE) (D = =:-bfI (-)0;a CDZ ;a0>a FIX= DO -1 )> I I N + r \ IBU ;a FrIr-•==••ll• U) +:Bin::7in g 8 gZ al ;a g 1A):1p g II ==n•Hl•Z>;a<i J g g C/)]:mm --1 aeaZC)Z0 >TIm a >--1m ChI00u.A N)-b N) CO r-ZrnZQ Sg 0C)8aDFI;a 0\I ;aND g 8 E-gI ICD g3a' Z FriZ > =m 8 1(b:) •a 0TI r\)0N)-b ANB TOMPKINS, A-IABFACHMENT NO. 2 - COD #5 DENTON COUNTY, TEXAS I I IE I :: \ le I .: I ::1 1 \ R 18 + g ;–:: TWS\ I BARBARA NELL SEAL CALLED 0.50 ACRE VOLUME 4639. PAGE 1204 D.R.D.C.T NOTES: BEARINGS AND DISTANCES ARE BASED ON THE TEXAS COORDINATE gYSTEM OF 1983. NORTH CEVIRAL ZONE. AS D[rERMiNED BY GPS OBSERVATIONS.IRON ROD FOUND { BUILDING MARVIN L. WILLIAMS CALLED 0.901 ACRE DOC. NO. 2014–29348 D.R.D.C.T cmf OF DENTON CALLED 4.69 ACRESDOC. NO. 2013–150940 D.R.D.C.T PERMANENT EASEMENT: 17.28 FEEr (1.05 RODS) 0.0079 ACRE U TEMPORARY WORKSPACE: 0.0116 ACRE (\IJ PROPOSED CENTERLINE JAMES J. TRAVELL. SR AND MARIE A. TRAVELL CALLED 2.115 ACRES DOC. NO. 2014–67538 D.R.D.C.T 1/2- REBAR FOUND • FOUND MONUMENT F––-g––– 1 20–ft PERMANENTI_MJ EASEMENT LEGEND 0’40’80’ 30–ft TEMPORARY WORKSPACE (TWS) FENCE LINE // – EXISTING PIPELINE D.R.D.C.T. N.T.S. DEED RECORDS. DENTON COUNTY. NOT TO SCALE PRELIIVIINARY RODRIC R. REESE Rodric R. Reese. R.P.L.S. 5883 I certify that this plat is prepared from fieldnotes of actual surveys made by me or under my supervision and that the same are true and correct to the best of my knowledge and belief. ••••Be 5883 SS\ UR EXHIBIT “ A“SCALE:IEII NO. 1 REVISION DATE 1 BY MI maI 10/07/21 CITI' OF DENTON DATE:OCTOBER 07, 2021 LINE NO.: 3421 LINE NAME: DC-400 SURVEYED BY: DRAWN BY: CW LM/BG APEX Land Surveying 214 Wapiti Drive Azle. TX. 76020 (817) 565.6681 TBPLS Firm Registration No. 1019+1.30 LlhKHID STREAM j AFE, 30012129 D 18:ytN W 1 N G N 0 p : i : it !Pe5 B 0 n n i e B m eSHEET 1 OF 1APPROVED BY:E:F:n A b3 - COP#6 JAMES EDMONSON, A-400 DENTON COUNTY, TEXAS NOTES: BEARINGS AND DISTANCES ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, NORTH CENTRAL ZONE. AS D[rERMiNED BY GPS OBSERVATIONS. MARVIN L. WILLIAMS CALLED 0.901 ACRE DOC. NO. 2014–29348 D.R.D.C.T i 1/2- REBAR FOUND ' TOP • LEGEND 1 ; !L_eJ FOUND MONUMENT 20–ft PERMANENT EASEMENTI––––IL _': J 30–ft TEMPORARY WORKSPACE (TWS) 0 I ; ; E a // FENCE LINE EXISTING PIPELINE M Fwd W (B)I WATER LINE WATER VALVE FIRE HYDRANT GAS VALVE E f D.R.D.C.T. WATER MANHOLE DEED RECORDS. DENTON COUNW. TEXAS N.T.S,NOT TO SCALE I CROSSTEX CCNG TRANSMISSION, LTD. 15’ EASEMENT AND RIGFrr OF WAYDOC. NO. 2005–16178 D.R.D.C.T 1/2- REBAR FOUND I THE CHAMBERLAIN TRUST CALLED 19.823 ACRE DOC. NO. 2000–11952 D.R.D.C.T CROsgrEX CCNG TRANSMISSION. LTD. - 15’ EASEMENT AND RIGHT OF WAY DOC. NO. 2005–16178, D.R.D.C.T EASEMENT 2014–29352 D.R.D.C.T PRELIMINARY Rodric R. Reese. R.P.L.S. 5883 I certify that this plat is prepared from field notes of actual surveys made by me or under my supervision and that the same are true and correct to the best of my knowledge and belief. EXHIBIT ” A“SCALE 1 "al DATE: MARCH 04, 2021 NO. 1 REVISION DATE 1 BY 05/1 9/21 06/1 1 /21 CITY OF DENTON UNE NO.: 3421 1 UNE NAME: DC-400 SURVEYED BY:CW BG APEX Land Surveyjng214 WaDiti Drive Azle. TX. 76020 (8 17) 565.668 1 TBPLS Firnt Registration No. 101941-30 I AFE, 30012129 DRAWN BY: APPROVED BY: D 1Ri)I\ W 1 N G N 0 H : i : rot :Pe5 B 0 n n i e B r a eSHEET 1 OF 1EX1:n JAMES EDMONSON. A4daACHMENT NO 4 DENTON COUNTY, TEXAS iI I I CITY OF DENTON CALLED 4.69 ACRES DOC. NO. 2013–150940 D.R.D.C.T CROSSTD< CCNG TRANSMISSION. LTD. 15’ EASEMENT AND RIGHT OF WAY DOC. NO. 2005–16178 D.R.D.C.T 1/2- REBAR FOUND I i I i THE CHAMBERLAIN TRUST CALLED 19.823 ACRE DOC. NO. 2000–11952 D.R.D.C.T t 1 +14\––––L2–––––– $1+=–„ –" –//ISm ifF iT Lil I I L L I I 1 BUILDING crrY OF DEVrON LrnLrrr AND SLOPE EASEMEvrPARCEL 34-USE-1 CALLED 0.33 ACREDOC. NO. 2014-29352 D.R.D.C.T I I I I I 11 It+THE CHAMBERLAIN TRUST CALLED 19.823 ACREDOC. NO. 2000–11952 D.R.D.C.T CROSSTEX CCNG TRANSMISSION, LTD. 15' EASEMENr AND RIGHT OF WAYDOC. NO. 2005–16178 D. R.D.C.T CITY OF DENTON CALLED 1.91 ACRE DOC. NO. 2014–29352 D.R.D.C.T • LEGEND FOUND MONUMENT 10–ft PERMANENT EASEMENT I I 30–ft TEMPORARY WORKSPACE (TWS) CFr OF DEHroN UTIUW AND SLOPE EASEMENTPARCEL 34–USE–2 CALLED 0.24 ACRE DOC. NO. 2014–29352 D.R.D.C.T I I // FENCE LINE EXISTING PIPELINE FIRE HYDRANT WATER LINE I I I I WATER VALVE GAS VALVE (DM D.R.D.C.T. N.T.S. WATER MANHOLE E 11N E 1 s o E)!!) 83B L: I ! ! :P N c E 1 B7 \t IS DEED RECORDS. DENTON COUNW, TEXAS NOT TO SCALE O’ 50’ 1 00’PERMANENT EASEMENT: 124.67 FEEr (7.56 RODS) NOTES: BEARINGS AND DigrANCES ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983. NORTH CENTRAL ZONE. AS D[rERMiNED Fr GPS OBSERVATIONS. PRELIMINARY Rodric R. Reese. R.P.L.S. 5883 I certify that this plot is prepared from fieldnotes of actual surveys made by me or under my supervision and that the same are true and correct to the best of my knowledge and belief. EXHIBIT ” A“SCALE: 1"=50' DATE: MARCH 04, 2021 NO. 1 REVISION DATE 1 BY WIilila 01 /06/21 ciPr OF DENTON LINE NO.: 2502 LINE NAME: DC-404 SURVEYED BY:CW LM APEX Land Surveying 214 Wapiti Drive Azle. TX. 76020 (817) 565-6681 TBPLS Firnt Registration No. 101941-30 LlhKHID STREAM AFE, 30012129 DRAWN BY: APPROVED BY:SHEET 1 OF 1aRm LICENSEE SUMMARY to RiGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPELINES as needed for the Bonnie Brae Phase 3 Widening & Improvements Project 1. The location of the pipe to be installed/lowered in the public right-of-way is: provided in the attached map and described in Attachments 1.2.3 & 4. 2. The maximum number of pipelines that may be insta iled in the public right-of-way through this License is: One (1). ’)).The types of pipeline appurtenances that are authorized to be installed under this License for pipeline-related appurtenances, such as pipes, valves, compressors, pumps, meters, pigging stations, dehydration facilities, electric facilities, communication facilities, and any other appurtenances that may be necessary or desirable in connection with a pipeline, are described as follows: Below ground equipment and facilities including valves. fittings. measurement equipment. corrosion control devices, wires. cables, electronic telemetry equipment. communications equipment, and pipeline operating control devices. 4. The maximum diameter, excluding any protective coating or wrapping, of each pipeline to be initially installed under this License for a pipeline right-of-way is: Four (4)-inch. 5. For each pipeline to be installed under this License, the type or category of substances permitted to be transported through each pipeline is: oil. natural gas, petroleum products. carbon dioxide, and substances entrained therein, fresh water. saltwater or any other liquids. gases (including inert gases) or substances that can be transported by pipeline. 6. Any aboveground equipment or facility that Licensee intends to install, maintain, or operate under this license on the surface of the pipeline easement is described as follows: No above ground appurtenances. 7. The maximum distance required (from center of pipe) for any other underground co- habitation in the public right of way under this license is: Ten (10) feet. 8. For each pipeline to be installed under this license, the minimum depth at which the pipeline will initially be installed is: Four (4) feet to top of pipe. A copy of both the RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPELINES and LICENSEE SUMMARY are to be provided with the completed ROW PERMIT APPLICATION Attachment No. 1: COD #3 Relocation into Public ROW Attachment No. 2: COD #5 Relocation into Public ROW Attachment No. 3: COD #6 Lowering within Public ROW Attachment No. 4: COD #8 Lowering within Public ROW ,3 •BONNIE BRAE PHASE 3 - ENLINK ExIsting Enlink Une Location CIty ROW Areas to be abandoned upon relocation completion Relocation Areas new pIpe wIll be installed W><>Q lowered in Bonnie Brae Phase 1 ProJect + + + p h ianes # a Pt'e'i@'a3tibN Aeea LPRIVATE EASEM€ rP A copy of both the RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPELINES and LICENSEE SUMMARY are to be provided with the completed ROW PERMIT APPLICATION "Example No. 1" Sample Abandonment & Release of Easement EXAMPLE PARTIAL ABANDONMENT AND RELEASE OF EASEMENTS THE STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON This Partial Abandonment and Release of Easements (this “Partial Release”) is made and entered into on this day of , 2022 (the “Effective Date”), by EnLink North Texas Gathering, LP, a Texas limited partnership, whose address is 1722 Routh Street, Suite 1300, Dallas, TX 75201 (“EnLink”). WHEREAS, EnLink (successor in interest to Crosstex CCNG Transmission, Ltd. And Crosstex DC Gathering Company, J.V.) owns certain easement rights by virtue of its interest in the following described instruments (collectively, “Easements”): 1. 2. 3. Easement granted to Crosstex CCNG Transmission, Ltd. by Robert W. Jones Jr., Trustee of the Jones Family Trust dated March 15, 2002, recorded as Volume 5307, Page 4496 of the Real Property Records of Denton County, Texas; and Easement granted to Crosstex DC Gathering Company, J. V. by Robert W. Jones Jr., Trustee of the Jones Family Trust dated May 1, 2008, recorded in Instrument Number 2008-58200 of the Real Property Records of Denton County, Texas. Right of Way Agreement granted to Crosstex CCNG Transmission Ltd., by M. Barry Clearman and Anita A. Clearman dated January 14, 2003, recorded as Volume 5405, Page 1030 of the Real Property Records of Denton County, Texas; and Easement granted to Crosstex CCNG Transmission, Ltd. by Harlan Properties, Inc. dated May 6, 2003, recorded as Volume 5340, Page 535 of the Real Property Records of Denton County, Texas. 4. WHEREAS, EnLink desires to abandon and release the Easements with respect to, and onjy with respect to, those certain tracts more particularly described on Exhibit “A“ attached hereto (“Release Tracts”). WHEREAS, EnLink desires to reaffirm all of its right, title and interest created and established by the Easements with respect to all other land subject thereto, with respect to which the Easements shall remain in full force and effect and shall not be affected by execution of this Partial Release. NOW, THEREFORE, EnLink hereby abandons and releases the Easements with respect to, and onjy with respect to, the Release Tracts. The foregoing abandon and release does not affect any other lands subject to the Easements, and all rights of EnLink under and by virtue of the Easements will remain in full force and effect and are in no manner waived or impaired as to all lands subject to the Easements not located within the Release Tracts. It is expressly understood that EnLink’s execution hereof relates and pertains only to EnLink’s interest in said Easements and in no way affects any other rights owned by third parties. [signature on following page] EXAMPLE EXECUTED by EnLink to be effective as of the Effective Date. ENLINK:ENL[NK NORTH TEXAS GATHER[NG, LP, By: EnLink Energy GP, LLC its general partner By : Christopher J. Greneaux Director and Legal Counsel of Land ACKNOWLEDGMENT STATE OF § COUNTY OF § This instrument was acknowledged before me on , 2022, by Christopher J. Greneaux, Director and Legal Counsel of Land of EnLink Energy GP, LLC, the general partner of EnLink North Texas Gathering, LP, a Texas Limited Partnership. Notary Public, in and for the State of Texas My Commission Expires: AFTER RECORDING RETURN TO: City of Denton – Real Estate Division 401 N. Elm Street Denton, Texas 76201 Ann: Deanna Cody { as IdIE RICll'T'OFn\yAY AGREEMENT 5bOS t 030 142=91 TIIE StATE OF TEXAS $ §i('OtiN'S\ OF DENTON For rId in asFwJ arn£dcndon oCTal IX)U&rs (Slo.cn) in hand pHd tllc rnap{ and sumcicnqy of which are lx=dIy ncknowlodscd. rIp.unIte.nJgnLd (hncirnfla cidlcrJ (iRANTOR. wINittcr one or nr>re). don tlcrd)y GRANF. BARGAIN. SI11.1. and CONVEY to CROSIgTEX CeNG :FR ANSbl:SS®F! ITD., its wccnror s and a=isas (hcreinanu mInI GIC\NTiil!). a right-al’-way IInd w\clntnl1 alooq a rr)u ie the Imaion of which has bull aBnled la by pan in llcrciu (the hx:alton oFt fte pi inline. as cunsrru€tcd to cadcrw such asreed route) to lay. to construct. nuintain. operate. rodt all,t rw lace, ctuns€ tItc size nr and remove pipeline &nd fa£ilitiis including. bIll not lim;lcd tcl. lw leads and aerial markers. across, urdu &rxl upon the lands ofGRANTO& along a route iII lhc County of Denton . State of're',las. tcbwiI lkiag a certain 5.550 acre tIM of laId in the ANB Tompkins SuMV A 1246. and being the sun ic tIbet of tmd dacribed in a deal bcNwn Oran R Th(\nus el iis, Grantor and Milton R Ckamlan ct IL\. (;rdrucu &led sQluanr 20, IM> and rewrdcd in Vol. Hi? at pa8c 02213 of the DcLg Ruords oft Irc County ChA of Denlon County, TwIg I The sum paid by dan on Itu Grznror's wcauion CIf this instrument is for all lhc rights RfanltJ by this imtrumalt. Congrudion aMy bcsin at any tirnc &JIn\Hq dcliwty oF lhc atxlve nia sim }!Qwcva prior to constJUClion (uaw ulturwiu agreed) the balance of try: agreed WHI for dam3Ba will be paid infull allcr, fepair. paraIId with ale GrIt GRANTEE sllaI! %y the size of. urxl replace nln or morE ?MradmalctV aFsuch addhic>naI line so laid the lirml r£xt FoIIo\Hasf&:GRANTOR'S inlunI lhc ]I is agreed and undent<H thai cluang a)nslruaion. this grant of aKmeru VJiI] have a nwtrudian vidal of fifty fed (SIP), FoUo\viN camplction of thc pipdim cormnaion. th: cur£mcticn ascrnart win raven to & pcrman&nt w'ldth of twenty fat {2tY). Tbc low tion of the piptline \vin mark lhc narn of the rishI+>f.way, The GRANTEE shall have aJI of lhc rights and haunts nnkwzry or carwuJaII for the hIll uljoymenl ar use altIe rigIB herein granted. includIng bIlt not limited to. thc frn rishI of ing&w to aix! WIns over and across said kIXis to and from ad right+>f-way aN e&wrtcnt. and the right from time to lilac to alt all treK undugmw ih and other obgNaian& IIla any injure. cndan£,ar or inlcrfiru with IIB use of ad phdline. GRANIT£E may use act\ portion of the pnFxay IIons and 8djauni to slid ishi4G\my as any tn reasonably &ctx3sary in conacaion with the construction, mainla,Inn repair. lemon1. or Npbcnvreiu of its fadIitiK provided GRANTEII shall be obligated to py for dI nap md hnd wrfacc darrugn as wt alt txJow aHdng oul orach usc TO HAVE AND TO llC>LD unto GRANTEE. its SICCMS and assigns. so long as the rights and a[wnent hudn &qnted. or UB one aFlh£m shall tx: used by. or uvfti to. GRANTIU£ for the lwrTxnn beda granted. with in8rw ta and cgrw: frc>al the Frcrnisu for ltw purpos5 of constructing irbputIn$ roUting aninu}ning. nvlacing. and ranovint! the property of GRANTEE hudn dmiblId; and the undersigned tInch/ bind thuwiva. thUr Ittits, utwtors IInd admiwisnJars (and wwxxs arId asgstts) to warrant and forever dl:fmd all aId singular mid pnxniw unto tIn GRANTEE. its suntMb and assigns. against every person whomwwu lawfully claiming or to chin the Bnc or any part tllamf Tbc GIL4NTEE agou !o bury all ppb so that the lap of the piP \viII bc u lag four (4) ful t}dow the wjgjn8 grand level. and to pay for any physical damage to growIng naps. timber, fina=. or other struaunl improvarutus mused by construction mai&lawrcc. OFxration. rep&irirB alteration. nplawncnl or rune%1 of ad piFnhae ard appunuunr fadli tics. GILANTOn nuan &grIn WI to change lhc gatdc cvw such pipelim or pm\it bT WHy 91twr !ten (;FU\NITE to chan5c nch grade Before GRANtrOR 3]lows w/ party other than GR ANTI!!! to aawtc or dis in any mama in Ihc Gaitity of the pipeline, GRANTOR sMI {l)puinr auc the bud london ofnid piFnlinc to neIl party utd (2) Idl web party atxiu tEh rcquirunent tha lhc gMc wu the pipdirq b not to be changed GRANTEE and C;R/Wl-EE’S HsigW shall indcnui8' and hold GRANTOIt hannlus bom all costs. damagn or claims aHdn8 out of any injury Ie pusons or pnpaty oerasiaux! by, zhang all oe or r6ultins from lhc upualiom af GRAhTE11. its as\n is or tmpIaycu or indqxndau wntRClon an GRANTOR’S prclnisH This Agrgunu\ i shall bc bindiw upn and shall tx: for ttu bueiit of thc hdr& wucson. rcpnscnlatvn and aagn of GRAVTOR md GR,WTElt wh:thu &nisa,xI. dwised. or UlhLTWiW tnasfcrral in whole or in p,in by eilhq:r of lite p:Iain badR aId Ihc agulnlts herein coIHaiml shall be covaants running with Itn land • •• '/#+1#Oqqbpbqn IkRaw&bTUdJ:\nJ+Jun'on.\run3nuF+V \ann,At,lil / H'\SIlas 1031 Thc saiJ GRANTOR has a right to fully usc and enjoy sid pRvniWS ecwIE as same My be Ilece£nry for the parDon herein granted to said GRANTEE it is agreed thaI this grant covers all the aSIan,nIts between the pkrni6 IInd IInt no rcFrcwniation or 9atcnHat& vat>a) or written. hat= ben made nmdifyinh adding to. or changing the terms of Ibis Aqwemcu 'Ntis ingmnru it may be mental in multiple aounlaTuas with Inch SLjwatC cotmtcrparl cnrWimLin s a valid and binding cons’cy=lcc. Each of lhc undersigned agra last for r&onling purRma their resp'CIt\v si9ulure pass and acknowledgements may be rLwto\Td from their nsl>aniTa couataparr and atlached IO a single original ot'this irbtru rn,nt , IN TESTIMONY \VlIElIEDF, TIIE GRANTORS huein tub’c unItcd Ibis wnvwanw this /#7’/ d,y ,r 74A/ ' .2t'% CRXNTOR MBfD\;:QIel RrliifFF;=r runSTarr;a; TIIE STATE OF TEXAS i $iCOL)Nrr OF Dealon IIP;TY;FIFE:;IFd“b""”'-"" /y' “ ”-'’'“2'”3bYA GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day fl of La.r.L/y/p + 2€X12' =),.4,. JP?akqnLYNUA3u Mayhbe $T#EEaFTEXA3 HyaEXR£8hla.as T:aT:RE::si.n md for FL{LA CwNy TIIE STATE OF TEXAS § ! ICOUNTY OF Denton dg:Jry. 2003 by AnTwmwde'dt’'f''="''"'h' Jsr/1:nr/ gJ;Nr FBI h4 Y H A N ]=1 A N D s I&A L o F o ]F1FleEtMsi hdV aTHol aiM ll'r CC),hUH.A !iNUAR bBI SUIte of Texas qf+++J4Vq'ddbqaathE+Beda#Vuad•+bIIpdeFaun IUbenTL== C,J=faX: V= +;b 5bOS 3032 = =r:X!:: I'Tr.:?I;A : # 1 bJ+ 8 injr :. + JRMs? „’+''„ b' BIIII}AEgVHf ;=INTY HEM anAtRug,i;,i®3 OBE£:!$e-£atu iCR Inn. D'arthl',“ I i I I i I I 53bO 00535 081049EASEMENT AGREEMENT THE STATE OF TL\AS COUNTY OF DENTON For valuable considcration, the receipt and suftlciency of which is hereby acknowledged, the undersigned (heninaRcr ullcd "GRANTOIC’, whea,er one or more) does hereby granl bargain, sell and convey to Crosstex CCNG Transn$ssion, Ltd. its successors and assigns. (heninaRer called “GRANTEP) an %sement for pipeline purposes only, across and under the land d&suibod for dre casement, twenty (20) feet in width, at the location described by macs and bounds and by plat in the attached Exhibit “A", subject to the limita lions. conditions, and covenants set forth below. I GRANTEE’S rights under the casement shall be limited to consUuction, maintenance, operation. repair, and removal of a single pipeline no larger than 6 5/8 inches in diamet% running through the easement from north to south. There is expressly excluded from the rights BraIded hereunder, the right to change the size of the pipeline provided for herein or to add any additional pipelines or to construct any other facilities within the easement GRANTEE shall have one hundred and eighty (180) days from the date of this wsement agreement to commence and complete constnlction of the pipeline provided for herein. In the event construction of the pipeline contemplated herein is not completed within one hundred and eighty (180) dan from the date of this agreement, the rights of GRANTEE hereunder shall terminate GRANTEE shaH have the obUgaUon to and shall within ninety (90) days after the date oftumimGon of its rights hereunder, restore the property to the same condition it was in pdor to the date of this agreement. For one hundred and eighty ( 180) days from the date of this agreement or until the complehon of construction, whichever occurs earlier, GRANTEE shall have for construction purposes only, an easement 30 feet wide along the east side of the easement granted herein. i i I i ; GRANTOR shall not change the grade over such pipeline or permit any of irs employees, contractors or representatives to excavate or dig in any manna wIthin the easement \\ithour ant having given GRANTEE thirty (30) days written notice at GRANTEE'S address set forth below GfWfrEE’s sigrature line below describing the exc3vation work proposed to be performed in well reasonable detail as GRANTEE may require. Such excavation \york shall be conducted in comphana with the procedures and requirements described herein below with respect to the construction or installation of improvements within the easement. GRANTEE shall have the right to (i) point out the exacl Iaealjon of said pipeline to such party (2) tell such party about this requirement that the grade over the pipelines is not to be changed; and (3) require tInt the proposed excavation work within the %sement be conducted in a manner that will not interfere with the safety or cflicienqr of Grdntw's pipelirre or with its use ofits casement righls. GRA}fFEE is aware that GRANTC)R intends to perform contoudng work to improve drainage on the land that is wbject to this asunent GRANTOR shaH be perrnitted to perform that land contouring work, upon compliance with the requirements of this paragraph. provided that at least thirty-six inches (36") of cover is nlaintaL'led over the top of GRANTEE’s pipeline at all times The GRANTEE shall bury all pipe so that the top of the pipe will be at least sk feet below :J ! I i iiI I I 53hO 00536 the existing ground level, and \\iII pay for any physical damage to growing crops, timber, fencu, or other structural improvements caused by construction, maintenance, operation, repairing. or removal of said pipeline. Not\vilhstanding anything herein to the conUary, at any time GRANTEE c\ercisa any rights for the construction, maintenance, operation, repair, replacement or removal of a pipe line or otherwise engages in ac6vi tia that disturb the surface of the wemen! or the pcmittod improvements locaIed therein, il shall willlin thirty (30) days after the date of such activity, either (D r©torc the area covered by the easement and any perrnitted improvements thereto, to substantially the same condition as existed immediately prior to the cornrnenament of its activi deR to the extent pracncabh aII at its sale cost and expense; or (d) pay GRAMOR for the reasonable cost ofperfoming such resCoraCion work. Constnicdan repair and ratorations of the pennitrcd improvements shaH be of the same or better quality rnanHals and worknran5hip and r%sonablyacwplable to the GIL4NTOR in apln,uanw. Notwithstanding anything herein to the contrary, each of the covenants obligations and undertakings of GRANTEE herein shall be conditions of its continued right to exercise any right. titles or interest hereunder. In the event GIL4NTEB fails to cure any breach hereunder after having been given thirty (30) days written notice (specil}hB the manner in which GRAINFFORbelieves that GRANTEE has breached its obligations herarnder arra the steps nue55ary to cure such breach) and opporturi ly to cure at the notice addrus indicated below, rights hereunder shall tenninate without fUrther notice and GRANTO& iIS succwsors and asigns shall have the right, but not the obligation, to remove any pipe line situated within the easement and to restore the easement and any improvements thereon to the same condition that existed immediately prior to the remo%], to the extent practicable. and GRANTEE, its succusors and assigns shall be liable to GRANFTOR its successOR and assigns for all costs, expense, damage, liability, fees and attorneys fees incurred in connection therewith Nelwi£hstmr$ng anything here in to the contrary. GRANTEE shall have no ight, use or enjoyment of property ofGRANTOR, not speciRmlly dncribed herein and within the %semems gwrted hereby. GRANTEE and GRANTEE’S successor and assIgns shaH indemni8r and hold GRANTOR, its successors and assigns, harmless from all costs, loss, expense d&naga or dating including without limitation attorney's few arising out ofir$ury to persons or property occasioned bb arising out oC or resulting from the operations of GRANTEE, its agents, employees or independent contractors on GRANTOFFS land or the property covered by the easement granted herein TO HAVE AND TO HOLD unto GRANTEE, its wccwson and assigns. so long as the rights and easement herein granted, or any one of them shall be used by, or useHrl to, GRJWFEE for the purposes herein granted, subject to the conditions provided herein and the undersigned hereby bind themselves, their heirs, exnuton and administrators (and &rccusors and assigns) to warrant and forever defend all and sinBJar said premises unto the GRANTEE, its munson and assigW, against every person uhomsoever lawfirlb claiming or to claim the same or any part theno£ 2 33bO 00531 This Agreement shall be binding upon and shall inure to the benefit of the hall wccusors, apnsanta Wes and assigns ofGRANTOR and GRANTEE, whether asggncd, devised, or otherwise transferred in whole or in part by either of the parties hereto, and the agreements herein contained shall be covenants running with the land Subject to the above regHclions, GRAN'FOR hereby reserves for ilse IC its successors and assigns all dghts not cxprnsty granted and conveyed to GRANTEE, including the right to build and maintain fences (with gates to allow Grantee unimpaired access along the casement and with fcnoe posts at depths and locations that have been approved in advance by Grantee in accordance with the procedure descra>ed herein below). landscaping, underground and overhead utility lines. pipelines, drainage fbciHties, streets, roads, alleys. parking lots and other subdivision improvements OR over or within the easement, as long as such use does not interfere with the safety or effIciency of Grantee's pipeline or with its use ofits easerrlent ri8h€s arId otller\visc cornpl6 with the terms of this easement and all applicable laws, rules and regulations. At least thirty (30) days in advance of any corutrucGon over, under, across or upon the easement, GRANTOR shall provide written notice to GRANTEE of Grantw’s proposed construction in such reasonable detail as GRANTEE may reasonably require, and GRANTOR shaH abide by reasonable requsts or instructions of GRANTEE regarding such construction to avoid interference with the safety or emciency af GRANTEE's pipeline or with its use of its casenren{ rights. Improvements installed in compliance with the requIrements of this paragraph are considered “pernlincd improvements. " GRANTEE shall have the right to require removal of all improvements built, placed or construed over, under, across or upon the easement contrary to the requirements of this paragraph. GRANTOR shall not construct or install (or permit any of its employeu, contractors or representatives to construct or instaID any buildings or structures on, over or within the easement area except permitted improvements. I i i i. i It is agreed that this grant covers all the agreements berwecn the parties, and that no Kpnsentation or stalcments, verbal or written, have been made modifying, adding to. or changing the terms of this Agreement The GR\N'fEE agrees that its use of the casement shall be in compliance with an applicable federal, state and local government la\vs, rules and regulations governing such activities. Exclusive venue for any action hereunder shall be in the court of competent jurisdiction in DenIal County, Twas. This instrument may be exealted in multiple counterpaas with each separate counterpart conslituting a valid and binding conveyance. 3 53hO 00538 IN TESTIMONY WHEREOF. THE GRANTOR and GRANTEE. herein have wwuted this armment effective this fe Vh day of /qa/ . 2003. GRANIEE: GRANTOR I ! 53hO 00539 STATE OF TEXAS i g $COUNTY OF E)ALt AS This instrument \vas aclurowledgul befo by lunn R, WalK E\@u6ve Mce President of ofCrosstex CCNG Transmission Ltd, e me this the 5c day of =msslcbEyer8y se i L bbb i, State of Texi STAT£ or T£XAS i ! gCOUNTY OF ]+L L as i’ i i I i i it I ! i I This instrument \vas acknowledged before ne by Sy a asp+ N.SItal a,44+NI , Pre£;a,,,+ - this the Sk day 2003 of Harlan P FIA- ah,_/ pbl) cxas i' : ! If: 1. iI! i I i.-,BUll 53bO O05hO EXllIBIT "AH PAGE 1 aF 2 BEING al! that certain 0.667 acre lot, tnrct or parcel of land situalcc] in thc A. N. B. Thompkiru Sun’cy, Abstract No. 1246, Denton County, Texas and being a part of a ccrtain tract of land dHcHbcd by deed to lladan Properties, Inc. recorded in VOlunIC 4704, Page 1297 of the Deed Records of Denton County, Texas and being more particularly described as foIIo\\'s; CONIMENCIN(; at a 608 nail found at the NoRhu'cst corner of said llarlan Properties, Inc_ Tract located on the centerline of Highland Park Road and the East line of South Bonnie Bmc; THENCE: South 02 dcgrees 52 minutes 12 seconds \Vest. with the said East iiuc of said Bonnie Brac, a distance of 1 s.atF to the POINT OF BEGiNNING THENCE: South 86 dcgrais 57 minutes 02 seconds East, with the South line of said Highland Park Road, a distance of 20.00' to a point THENCE: South Q2 degrees 52 minutes 12 seconds \\’csl a distance of 745.86’ to a point THENCE: South 01 degrees 46 minutes 54 seconds \Vest, a distance of 348.71' to a point TIIEINCE: South 02 dcgrccs 14 minutes 01 seconds \Vest, a distance of 348.95' to a point TIIENCE: South +7 degrees 14 minutes 01 seconds \Vest. a distarrcc af 28.28' to a point on the \Vest line of said I-lad an Properties. Inc. Tract, for comer; I THENCE: North 02 degrees 14 minutes 01 seconds East \vi Ill said \Vest line and along and near a fence line, a distance of 368.87' to a in iron rod found, for corner THENCE: North 0) degrees 46 minutes 54 seconds East. \\itIl said \\’cst line. a distance of348.82' lo a in iron rod found on the East line of the aforementioned Soulh Bonnie Bme, for comer; THENCE: Noah 02 dcgncs 52 minutes 12 seconds East, with said \Vest line and said East iinc of South Bonnie Brac. a distance oF 746.11’ to the POINT OF BEGINNING and containing 29073 stlure feel or 0.667 acres of land more or less. 1, John B. Finchcr, do hereby state that the above field note description \\-as prepared from an actual survey made on the ground. under my direction and supcnision. during the month of April, 2003. /C:aB. Finchcr, RPI aS Statc of Texas No. 1708 May 2, 2003 Job No_ CTE501 a \ \ \ \ IBIT “A’ t:~AGe 2 OF 2 \ I ! r()f 68 ? y !!b F iN C 1 qPOINT P 0 1 h+ T 0 : 8 ( C 1 N N I N G = N 86•57'02" W 20 OO' \ \\i LA 6 A LILIW!!iS RE:::: L":B&"=:' : 'V }C 1'; \II \ \ / fr\d. Iiron \ i \{.:::{;g$qq;bh:R''?=X:h: :o'3'%%C„.„...,.;,,..„.=. i \ I \ \ \ \ Ha r 1;iI:I fad. I ifon I r772m Page_ _P-++- S3bO O05b2 i I I i i ri I i Ii #i{g?A8gbfi:ff ;=mTV HER}{ On MaY 27 2083 Rece i Pt B: 39999 BSE}Rigg i _ __ _ IIggiii/iia : aoa3-R088tQ49Doi/Type : a3R i i HHnl• EXHIBIT B Right of Way License Agreement RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPELINES THE STATE OF TEXAS § § COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS: THAT the City of Denton, a Texas home rule municipal corporation (“Licensor” or “City”), acting by and through its duty authorized City Manager, or their designee, for the consideration set out below, the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto EnLink North Texas Gathering, LP, a Texas limited partnership (“Licensee”), its successors and assigns, the right to enter upon, construct, operate, maintain, repair, replace and expand gas pipelines in certain parcels of land or easements owned by the City of Denton in Denton County, Texas, Licensee to cross roads, streets and easements under the jurisdiction of Licensor as described in “Attachment 1”, “Attachment 2”, “Attachment 3 ”, and “Attachment 4”, all attached hereto and incorporated herein by reference (“Licensed Premises”), all pursuant to the terms and conditions of this agreement (“License”). Section 1- Right-of-Way Permit Application . Nonexclusive use for relocation work required for the city’s Bonnie Brae Street Widening and Realignment Project – Phase 3, Licensee shall have no obligation to submit a Right-of-Way Permit application (“Permit”) or associated fee, as generally required under Code of Ordinances Chapter 25, Article Il, Division 3 – Right-of-Way Construction Management, Licensee will provide to: ROW Inspection Department, Public Works Division, 40 1 North Elm Street, Denton, Texas, 76201-4137, 940-268-7285; a minimum of two weeks prior to work beginning; plans accurately showing the proposed location, course, and alignment of the proposed pipeline(s) and schedule of anticipated work; in addition, Licensee will provide; The business address and telephone number of the person responsible for the operation of each existing pipeline; The business address and telephone number of the owner of each existing pipeline; The telephone number of at least one emergency contact available on a 24-hour basis;C. Certificates of insurance for the coverages set forth in this License; and e.The name, address and telephone number of Licensee. In the event that the governing body of the City authorizes someone other than the Licensee to occupy space within the Public Rights-of Way, such grant shall be subject to the rights herein granted or heretofore obtained by the Licensee. In the event that the governing body of the City shall close or abandon any Public Rights-of Way which contains existing facilities of the Licensee, any conveyance of land within such closed or abandoned Public Rights-of Way shall be subject to the rights herein granted or heretofore obtained by Licensee. Provided, that the Company may be ordered to vacate any land so conveyed if an alternate route is practicable and if the Licensee is reimbursed by the person to whom the property is conveyed for the reasonable costs of removal and relocation of facilities. RIGHT OF WAY LiCENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPELINES as needed for the Bonnie Brae Phase 3 WIdening & Realignment Project Page 1 of 8 Section 2. Terms and conditions. For and in consideration of the execution of this License and the mutual promises and covenants of the parties hereto, it is mutually promised, understood, and agreed as follows, to wit: 1. Term. This License shall be for a term often (20) years unless terminated earlier as provided hereafter. 2. Material transported. Licensee may operate pipelines authorized under this License for the purpose of transporting gas and associated byproducts as described in ''Attachment I – Licensee Summary’' or in accordance with any update notice filed with the City Engineer pursuant to subsection 3 below. If Licensee changes the material transported in a pipeline, the Licensee shall notify the City Engineer in accordance with subsection 3 below. 3. Updating information. Licensee shall update its plans within 30 days after changes occur. Licensee shall not transport in a pipeline any material other gas and associated byproducts, or operate pipelines in excess of their maximum operating pressure or disable any shutoff valve, without notifying the City Engineer of such change ten days or more prior to such change. Upon request by the City Engineer, made no more frequently than annually, Licensee shall certify in writing to the City Engineer that Licensee’s information provided to the City is true, correct and complete. For the purpose updating information or notice by Licensee to City Engineer, the mailing address is as follows: Ann: City Engineer, 401 North Elm Street, Denton, Texas, 76201- 4137 4. Option to Terminate. Licensee shall have the option to terminate this License at any time upon giving the Licensor written notice sixty (60) days in advance of such termination 5. Option to Terminate. Licensor shall have the option to cancel and terminate this License for failure of Licensee to comply with any provisions or requirement contained in this License after sixty (60) days written notice to do so. 6. Condition Upon Termination. Upon termination of this License, Licensee shall abandon the Licensed Premises, either physically retiring the gas pipelines, as per applicable standards, or outright removal thereof. In the event of outright removal, Licensee shall obtain a separate Right-of-Way Permit for such pipeline removal work and effect such removal within 120 days of the Right-of-Way Permit approval by the City 7. Abandoned pipeline. In the event a pipeline that is permitted by this License becomes an abandoned pipeline; Licensee shall notify the City Engineer as soon as practicable. The City may request the Licensee to remove such abandoned pipeline from the street (and if objected to by Licensee, only if City Council so directs), and in such instance, Licensee shall obtain a separate Right-of-Way Permit for such pipeline removal work and effect such removal within 120 days of Right-of-Way Permit approval by the City. Licensee shall not be required to pay any fees under this License for an abandoned pipeline following the date of its abandonment; however, Licensee shall not be allowed any credit or rebate for any fees previously paid for an abandoned pipeline. RiGHT OF \,’bAY LICENSE TO US Eed for the Bonnie Bran PROPERTY FOR PLACEMENT OF GAS PiPELiNESRTA ;e 3 Widening & Realignment Project N fiT\Page 2 of 8 8. City Inspection. The City retains the right to make visual, non-invasive inspections of the pipeline and on request of the City from time to time, to require Licensee to provide available records or data to demonstrate its current compliance with the terms of this License. 9. Consideration. In consideration for the License granted herein, upon completion of the lowering and relocation work; Licensee shall release easements to the City needed for the City’s Bonnie Brae Street Widening and Realignment Project as more particularly described in Exhibit “A“ attached hereto and made a part hereof. Notwithstanding any requisite fees associated with the Right-of-Way Permit referenced herein, the usual and customary street right-of-way use fees shall be waived for this License as this License is being issued so the Licensee can relocate its pipelines to an available location to accommodate conflicts brought about by the City’s Bonnie Brae Street Widening and Improvements Project – Phase 3. This waiver is only applicable to the relocation efforts associated with the City’s Bonnie Brae Street Widening and Improvements Project – Phase 3. 10. Option to Renew. Licensee shall have the option of renewing and extending the term of this License for additional terms in ten (10) year increments, by giving notice of Intent to Renew in writing to the Licensor not less than ninety (90) days in advance of the date of termination of the initial (20) year term. Upon receipt of such Notice of Intent to Renew, the Licensor will process the Notice following the procedures set forth by the City. 11. Construction Upon Execution. Licensee shall have the right to begin construction of gas pipelines upon the execution of this License by all parties hereto. The placement of the gas pipelines shall interfere as little as practicable with the use of the streets, sidewalks, alleys, easements, or private property and shall be in accordance with the directives of the City Engineer of the City of Denton. Licensee shall bore under the Licensed Premises and shall not open cut any ofthe Licensed Premises, unless approved by the City Engineer. Licensee shall provide “as built drawings” to the office of the City Engineer upon construction of the gas pipelines depicted in “Attachment 1”, “Attachment 2”, “Attachment 3”, and “Attachment 4”, all attached hereto. If Licensee is found to be using the Licensed Premises for other purposes than those granted herein, this License shall be null and void and Licensee shall have no further rights for Licensed Premises usage 12. Insurance and Indemnity. Licensee shall provide or cause to be provided the insurance described below upon execution of this License. a. Commercial General Liability Insurance. This coverage must include premises, operations, blowout or explosion, products, complete operations, blanket contractual liability, underground property damage, broad form property damage, independent contractors and personal injury. This coverage should be a minimum Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property Damage and $2,000,000 aggregate., The insurance shall also include Pollution liability insurance coverage for sudden and accidental environmental contamination with minimum limits of liability of five million dollars ($5,000,000). b. Automobile Liability Insuranee. (1) Minimum Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property Damage; and (2) The Business Auto Policy must show Symbol 1 in the Covered Autos Portion of the liability section in Item 2 of the declarations page which includes coverage for hired, leased and non-owned vehicles. RiGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PiPELINES Page 3 of 8 as needed for the Bonnie Brae Phase 3 Widening & Realignment Project c. Worker’s Compensation Insurance. In addition to the minimum statutory requirements: ( 1) Employer’s Liability limits of at least $500,000 for each accident, $100,000 for each employee, and a $500,000 policy limit for occupational disease; and (2) The insurer agrees to waive rights of subrogation against the city, its officials, agents, employees, and volunteers for any work performed for the city by the Licensee. (3) The Licensee shall comply with the provisions of with Section 406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker’s Compensation Commission. d. Excess Liability Insurance. Excess Liability Insurance shall be provided with limits of not less than Five Million, ($5,000,000.00) annual aggregate. e. INDEMNIFICATION. LICENSEE SHALL AND HEREBY DOES INDEMNIFY. DEFEND AND SAVE HARMLESS THE LICENSOR, ITS OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER, NAME AND DESCRIPTION BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR DAMAGES RECEIVED AS SUSTAINED BY ANY PERSON, PERSONS OR PROPERTY ON ACCOUNT OF THE OPERATIONS OF THE LICENSEE, ITS AGENTS. EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS; OR ON ACCOUNT OF ANY NEGLIGENT ACT OF FAULT OF LICENSEE, ITS AGENTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS IN CONNECTION WITH THE OBLIGATIONS OF THE LICENSEE UNDER THIS LICENSE; AND SHALL PAY ANY JUDGMENT, WITH COSTS, WHICH MAY BE OBTAINED AGAINST THE LICENSOR GROWING OUT OF SUCH INJURY OR DAMAGE INCLUDING BUT NOT LIMITED TO. LIABILITY. CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OF DENTON IN THE COURSE AND SCOPE OF PERFORMING ITS DUTES UNDER THIS LICENSE. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENTED BY THE LICENSEE TO INDEMNIFY AND PROTECT THE CITY OF DENTON, TEXAS AND/OR ITS OFFICERS, EMPLOYEES, DEPARTMENTS,mHSE SERVANTS MmmBmnT NECLrGENCE is 11=B) HmM o I( nY. DE Mm AND/OR DAMAGE. f. General provisions (1) All policies shall be endorsed to read “THIS POLICY WILL NOT BE CANCELLED OR NON-RENEWED WITHOUT 30 DAYS ADVANCED WRITTEN NOTICE TO THE OWNER AND THE CITY EXCEPT WHEN THIS POLICY IS BEING CANCELLED FOR NONPAYMENT OF PREMIUM, IN WHICH CASE 10 DAYS ADVANCE WRITTEN NOTICE IS REQUIRED“. (2) Commercial General Liability and Automobile Liability insurance shall be written by companies with A: VIII or better rating in accordance with the current Best Key Rating Guide (3) Commercial General Liability, Automobile Liability, and Excess Liability insurance policies shall name as “Additional Insured” the Licensor and its officials, agents, employees, and volunteers. (4) Certificates of insurance must reflect all coverages and endorsements required by this section. Coverage shall be placed with insurance carriers licensed to do business in the State of Texas or with non-admitted carriers that have a financial rating comparable to carriers licensed to do business in Texas approved by the City. RIGHT OF VV A £NS£ TO USE RTAib{ CITY PROPERTY FOR PLACEMENT OF GAS PIPELiNES Bonnie Bfaas needed 3 Widening & Real}gn'neat Projectha Page 4 of 8 13. Performance Bond. Licensee shall provide a performance bond, in the amount of two thousand dollars per location, ($2,000.00). Licensee may add additional gas pipelines and the Director of Engineering shall determine the amount of the performance bond for additional gas pipelines as approved by the Licensor in accordance with this License. In any event the amount of the performance bond shall not exceed fifty thousand dollars $50,000. The performance bond shall be executed by a surety company authorized to do business in the State of Texas in accordance with Chapter 2253 of the Texas Government Code. 14. Subordination. This License is subordinate to the Licensor’s interests in the Licensed Premises. Licensor reserves the right to use the Licensed Premises and the airspace above the Licensed Premises for any public purpose allowed by law and to do and permit to be done, any work in connection therewith which may be deemed necessary or proper by the Licensor on, across, along, under or over said Licensed Premises. In this instance of License grant, so as to accommodate conflicts brought about by the City’s Bonnie Brae Street Widening and Improvements Project – Phase 3, the reasonable and customary costs for any physical relocation required of Licensee’s gas pipeline facilities within the Licensed Premises, that are deemed by the City Engineer to be in conflict with any future City public works improvement initiative, then such gas pipeline relocation costs shall be reimbursable to Licensee by Licensor, subject to Licensor’s review and approval of a cost estimate provided by Licensee, prior to commencement of that gas pipeline relocation work activity. 15. Notice. Any notice or communication required in the administration of this License shall be sent to the Licensor as follows: City Manager of the City of Denton 215 E. McKinney Denton, Texas 76201 Any notice or communication required in the administration of this License shall be sent to the Licensee as follows: EnLink North Texas Gathering, LP ATTN: Land Department 1722 Routh Street, Ste: 1300 Dallas, Texas 75201 Telephone No.: 940-577-3396 16. Police Powers. Licensee is subject to all police powers of the City of Denton in the placement and maintenance of its gas pipelines, as well as all other ordinances as currently exists and as may be amended in the future of the City of Denton. The City of Denton retains regulatory authority over all health, welfare and safety issues that may arise in regard to the transport of gas in the pipelines, except to the extent preempted by State or Federal law. Licensor shall have the right to inspect Licensee’s safety reports and to require the inspection or review of the gas pipelines by the City Engineer, or their designee, of the City of Denton. In this instance of License grant, so as to accommodate conflicts brought about by the City’s Bonnie Brae Street Widening and Improvements Project – Phase 3, the reasonable and customary costs for any physical inspection or review of the gas pipelines required by the City Engineer will be reimbursable by Licensor, subject to Licensor’s review and approval of an estimate provided by Licensee, prior to that work activity. RIGHT OF WAY LICENSE TO USE CERTAIN CITI PROPERFf FOR PLACEMENT OF GAS PIPELINES as needed for the Bonnie Brae Phase 3 Widening & Reatignment Project Page 5 of 8 17. Non-Transferrable Without Consent. The rights granted by this License inure to the benefit of the Licensor. The rights shall not be assigned or transferred without the express written consent of the governing body of the City of Denton. Any required consent is to be evidenced by ordinance or resolution of the City Council of the City of Denton. 18. Transfer or Partial Assignment. Except as otherwise provided herein, or except as may be hereafter determined by the parties, no party to this License may sell, assign, partially assign or transfer its interest in this License, or any of its right, duties, or obligations hereunder, without the prior written consent of the other party. Whenever the consent or the approval of a party is required herein, such party shall not unreasonably withhold, delay, or deny such consent or approval. 19. Waiver. No waiver or modification ofthis License or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this License, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed. The parties further agree that the provisions of this Articie will not be waived unless as herein set forth 20. Unenforceable Provisions. In the event that any one or more of the provisions hereof contained in this License shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceabiiity shall not affect the other provisions, and the License shall be construed as if such invalid, illegai, or unenforceable provision had never been contained in this License. 21. Entire Agreement. This License and the exhibits attached thereto, constitute the entire agreement among the parties hereto with respect to the subject matter hereof, and supersede any prior understandings or written or oral agreements between the parties with respect to the subject matter of this License. No amendment, modification, cancellation, or alteration of the terms of this License shall be binding on any party hereto unless the same is in writing, dated subsequent to the date hereof, and is duly authorized and executed by the parties hereto. 22. No Waiver for Failure to Enforce. The failure of either party to enforce or insist upon compliance with any ofthe terms or conditions of this License shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. 23. Captions. The captions contained in this License are for informational purposes only and shall not in any way affect the substantive terms or conditions of this License. 24. Laws of Texas. This License shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any disputes arising from the performance of this License shall be in Denton County, Texas. [SIGNATURES ON FOLLOWING PAGE(S)] GHT QF \'VA :NS I PRC)FERn’ FOR PLACEMENT OF GAS PIPELiNESiE CERTAiN as needed 8 ge g :base 3 Wtc!'!rI in Re3itgn !nt Project Page 6 of $ IN WITNESS WHEREOF, the parties hereto have executed this License on this dav of . 2023. LICENSOR:LICENSEE: CITY OF DENTON ENLrNK NORTH TEXAS GATHERING, LP By:EnLink Energy GP, LLC its general partner By Sara Fl-ensby, City hlan€9 By : Signature Date Printed Name Title DateATTEST: JESUS SALAZAR, ,\\\11111111 APPROVED AS TO LEGAL FORM: MACK RErNWAND, CITY (& LBy:_a RIGHT OF WAY LICENSE TO USE CERTAIN CiTY PROPERTY FOR PLACEMENT OF GAS PiPELINES as needed for the Bonnie 8r3e Phase 3 Widening & improvements Project Page 7 of 8 ACKNOWLEDGMENT STATE OF TEXAS § § §COUNTY OF DENTON On this day personally appeared Sara Hensley, City Manager of the City of Denton, Texas, known to me; to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that they executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this the ]Tday of h He h/ , 2023. /W/Z Notary Public Signature ERIC CHASOO My IkItaly ID # 13368168 Explr® Apd 1, 2026 'I.I.y'+ Commission Expiration Date ACKNOWLEDGMENT STATE OF § § §COUNTY/PARISH OF On this day personally appeared Name of Enlink authorized person signing for EnLink Energy GP, LLC, the general partner of EnLink North Texas Gathering, LP, known to me to be the person and official whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of said entities. Title Given under my hand and seal of office this the day of ., 202 Notary Public Signature Commission Expiration Date bEEN as needed for the Bonnie Bt-32 P RiGHT OF WA A iN CITY PROPERTY FOR PLACEL-IENT & !rrl3 bY ide ents P I (h t GAS PiPEIJbES mI T M gig; a Sr _ _ N ; EL b fw U bO li FRI g .;:; it DO ZQ C/)C) > ad0 mNI Fig: gg sgg# E : gA;a = A;a IB > F) C/) g) 4 g;a < >Fg C)C < a;aHI lao Ella0g a fI r+1 ,a Qidl Big i 3 B • g III II II -Ul-d E ! ! q : L HS=HE a 8 A : i ! [ ,\ ,\ ,\ b)h) ada g rJ ! ! i ; (b = =:+brE dOb IE Ha FiC)0;a DO > =====Z ;a0 a FIX= 00 -1 > B b)F t- \ U ;amrn I 1 gsi : 11):1p i 11 Z ;a< ==n•Hll• >g ! ! ! Stag g C/)Imm-1 aeaaG)Z0 > IIi a > m--1 ChI00 ND N) 10 2 rFIZ0 R 0O8aDHI;D 0\I r\)0F\)-L ;or\>00gP -jEg aDgI ga' r- HImZ >Km $ g ANB TOMPKINS, A-IA8fACHMENT NO. 2 COD #5 DENTON COUNTY, TEXAS I 'k I': \{\ I iE L ::: BARBARA NELL SEAL CALLED 0.50 ACRE VOLUME 4639. PAGE 1204 D. R.D.C.T NOTES: BEARINGS AND DISTANCES ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, NORTH CENTRAL ZONE. AS D[rERMiNED BY GPS OBSERVATIONS.IRON ROD FOUND 4 I b)10 g: 3B to -+g0Z BUILDING MARVIN L. WILLIAMS CALLED 0.901 ACRE DOC. NO. 2014–29348 D.R.D.C.T CITY OF DENTON CALLED 4.69 ACRES DOC. NO. 2013–150940 D.R.D.C.T TWS\ PERMANENT EASEMENT: 17.28 FErr (1.05 RODS) 0.0079 ACRE TEMPORARY WORKSPACE: 0.0116 ACRE C\1--1 PROPOSED CENTERLINE [J.’JAMES J. TRAVELL. SR. AND MARIE A. TRAVELL CALLED 2.115 ACRES DOC. NO. 2014–67538 D.R.D.C.T 1/2- REBAR FOUND @ FOUND MONUMENT f ––-g--–1 20-ft PERMANENT[_m!] EASEMENT LEGEND \\ 0’40’80’ I– –––1 30–ft TEMPORARY L __ J WORKSPACE (TWS) X a // FENCE UNE EXISTING PIPEUN[ D.R.D.C.T. N.T.S. DEED RECORDS, DENTON COUNTY, NOT TO SCALEli To_ F PRELIMINARY ••••T•• RODRIC R. REESE Rodric R. Reese. R.P.L.S. 5883 I certify that this plat is prepared from field notes of actual surveys made by me or undermy supervision and that the same are true and correct to the best of my knowledge and belief. EXHIBIT ”A“c i DATE: OCTOBER 07, 2021 NO.REVISION DATE 1 BY 01 /05/21 10/07/21 ciPr OF DENTON LINE NO.: 3421 1 LINE NAME: DC-400 SURVEYED BY: DRAWN BY: CW dM APEX LaRll 214 Wapiti DriveAzle. TX. 76020 (817) 565.6681 TBPLS Firm Registration No. 101941-30 I AFE: 30012129 D 1F:yE\ W 1 N G N 0 a : i : II :Pe5 B 0 n n i e B m eSHEET 1 OF 1APPROVED BY:EXFXU A b3 - con#6 JAMES EDMONSON, A-400 DENTON COUNTY, TEXAS NOTES: BEARINGS AND DISTANCES ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983. NORTH CENTRAL ZONE. AS D[rERMiNED BY GPS OBSERVATIONS. MARVIN L. WILLIAMS CALLED 0.901 ACREDOC. NO. 2014–29348 D.R.D.C.Ta I 1/2- REBAR FOUND t\Ft TOP • LEGEND PERMANENT EASEMENT: 348.28 FErr (21.11 RODS)0.1599 ACRE Ry3 b tEIE le bo q :::g I iI II I I r =bal1 ; 1LJ FOUND MONUMENT 20–ft PERMANENT EASEMENT TEMPORARY WORKSPACE: 0.2399 ACRE I–77–]L'_': J 30–ft TEMPORARY WORKSPACE (TWS) 0 :fri':ji gjg a // FENCE LINE EXISTING PIPELINE WATER LINE le El I ': I C: I LuI 8al(\1inF00 2 FIRE HYDRANT WATER VALVE GAS VALVE CR) D.R.D.C.T. N.T.S. WATER MANHOLE DEED RECORDS. DENTON COUNTY, TEXAS NOT TO SCALE y 'E CROSSTEX CCNG TRANSMISSION. LTD. 15’ EASEMENT AND RIGFrr OF wxrDOC. NO. 2005–16178 D.R.D.C.T 1/2- REBAR FOUND I THE CHAMBERLAIN TRUST CALLED 19.823 ACREDOC. NO. 2000–11952 D.R.D.C.T crrY OF DENTON UTILIFr PARC ciPr OF DEVrON LrrlUTY AND SLOPE PARCEL 34–USE–2 CALLED 0.24 ACRE DOC. NO. 2014–29352 D. R. D.C.T CROsgrEX CCNG TRANSMISSION, LTD. 15’ EASEMEVr AND RIGHT OF WAY DOC. NO. 2005–16178, D.R.D.C.T EASEMENT 2014–29352 D.R.D.C.T PRELIMINARY Rodric R. Reese, R.P.L.S. 5883 I certify that this plat is prepared from field notes of actual surveys made by me or under my supervision and that the same are true and correct to the best of my knowledge and belief. EXHIBIT “A“SCALE:allBIll CIPr OF DENTON DATE:MARCH 04, 2021 NO.REVISION DATE 1 BY 05/1 9/21 06/11 /21 LINE NO.: 3421 LINE NAME: DC-400 SURVEYED BY: DRAWN BY: CW BG APEX I.antI SurveyIng 21'1 Wal)it.I Drive Azle, TX. 76020 (8 17) 565-668 1 TBPLS Firm Registration No. 101941.30 LlbK I AFE, 30012129 D 1F:y!\ w 1 N G N o H : i :rot := B o n n i e B m eSHEET 1 OF 1APPROVED BY:mF:a HID STREAM JAMES EDMONSON. A4daACHMENT NO 4 - COD #I DENTON COUNTY, TEXAS CITY OF DENTON CALLED 4.69 ACRES DOC. NO. 2013–150940 D.R.D.C.T CROSSTEX CCNG TRANSMISSION. LTD. 15’ EASEMENT AND 'RIGHT OF WAY DOC. NO. 2005–16178 D.R.D.C.T 1/2” REBAR FOUND I Q I \ :q\ I\ \ t FI–THE CHAMBERLAIN TRUST CALLED 19.823 ACRE DOC. NO. 2000–11952 D.R.D.C.T Il // ///1 // l \~ * II – II II BUILDING I I I I I I CITY OF DENTON LrrILIFr AND SLOPE EASEMENTPARCEL 34–USE-1 CALLED 0.33 ACREDOC. NO. 2014–29352 D.R.D.C.T I I 11 I I It I I 1 I I \ I I It I I LI I I I L it It # ::: THE CHAMBERLAIN TRUST CALLED 19.823 ACRE DOC. NO. 2000–11952 D.R.D.C.T CROSSTEX CCNG TRANSMISSION. LTD. 15’ EASEMEHr AND RIGHT OF WAY DOC. NO. 2005–16178 D.R.D.C.T I \ \ \ \ 1 1 I I I l \ i ;::,\\ it !1\t \\\q 1I iI ! \\\ I \ CITY OF DENTON CALLED 1.91 ACRE DOC. NO. 2014–29352 D.R.D.C.T LEGEND FOUND MONUMENT L___t___ J EA;EMENT I– –– a 30–ft TEMPORARY L __ J WORKSPACE (TWS) • F––=„;–––1 10–ft PERMANENT CITY OF DEVrON UTILITY AND SLOPE EASEMENTPARCEL 34–USE–2 CALLED 0.24 ACRE DOC. NO. 2014–29352 D. R.D.C.T FENCE LINE EXISTING PIPELINE WATER LINE FIRE HYDRANT WATER VALVE S I S 1 GAS VALVE CHD D.R.D.C.T. WATER MANHOLE DEED RECORDS, DENTON COUNW, TEXAS N.T.S,NOT TO SCALE 0 50 100 PERMANENT EASEMENT 124.67 FEEr 7.56 RODS) NOTES: BEARINGS AND DISTANCES ARE BASED ON THE TEXAS COORDINATE SYSTEM OF 1983. NORTH CENTRAL ZONE. AS D[rERMiNED BY GPS OBSERVATIONS. PRELIMINARY RODRIC R. REESE Rodric R. Reese. R.P.L.S. 5883 I certify that this plat is prepared from field notes of actual surveys made by me or under my supervision and that the same are true and correct to the best of my knowledge and belief , 5883 SS\•• UR EXHIBIT “A“SCALE: 1"=50' DATE: MARCH 04, 2021 NO. 1 REVISION DATE 1 BY 01 /05/21 01 /06/21 ciPr OF DENTON LINE NO.: 2502 1 UNE NAME: DC-404 SURVEYED BY:CW LM APEX Land Surveying 214 Wapiti Drive Azle, TX. 76020 (817) 565-668 1 TBPLS Firm Registratioll N o. 101941.30 I AFE, 30012129 DRAWN BY: APPROVED BY: D IFi)!\ w 1 N G N o f : : : 1201 : = B o n n i e B r a eSHEET 1 OF 1BEaU LICENSEE SUMMARY to RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPELINES as needed for the Bonnie Brae Phase 3 Widening & Improvements Project 1. The location of the pipe to be installed/lowered in the public right-of-way is: provided in the attached map and described in Attachments 1.2.3 & 4. 2. The maximum number of pipelines that may be installed in the public right-of-way through this License is: One (1). 3.The types of pipeline appurtenances that are authorized to be installed under this License for pipeline-related appurtenances, such as pipes, valves, compressors, pumps, meters, pigging stations, dehydration facilities, electric facilities, communication facilities, and any other appurtenances that may be necessary or desirable in connection with a pipeline, are described as follows: Below ground equipment and facilities including valves. fittings. measurement equipment. corrosion control devices. wires. cables, electronic telemetry equipment. communications equipment, and pipeline operating control devices. 4. The maximum diameter, excluding any protective coating or wrapping, of each pipeline to be initially installed under this License for a pipeline right-of-way is: Four (4)-inch. 5. For each pipeline to be installed under this License, the type or category of substances permitted to be transported through each pipeline is: oil. natural gas. petroleum products. carbon dioxide. and substances entrained therein. fresh water. saltwater or any other liquids. gases (including inert gases) or substances that can be transported by pipeline. 6. Any aboveground equipment or facility that Licensee intends to install, maintain, or operate under this license on the surface of the pipeline easement is described as follows: No above ground appurtenances. 7. The maximum distance required (from center of pipe) for any other underground co- habitation in the public right of way under this license is: Ten (10) feet. 8. For each pipeline to be installed under this license, the minimum depth at which the pipeline will initially be installed is: Four (4) feet to top of pipe. A copy of both the RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPELINES and LICENSEE SUMMARY are to be provided with the completed ROW PERMIT APPLICATION Attachment No. 1 : COD #3 Relocation into Public ROW Attachment No. 2: COD #5 Relocation into Public ROW Attachment No. 3: COD #6 Lowering within Public ROW Attachment No. 4: COD #8 Lowering within Public ROW < -=b B ; + ! q&IIB BONNIE BRAE PHASE 3 - ENLINK ExIsting Enlink Une Location --n CIty ROW Areas to be abandoned upon relocation completion Relocation Areas new pIpe wIll be installed HeR> Inwered in BonnIe Brae Phase 1 ProJect + i A copy of both the RIGHT OF WAY LICENSE TO USE CERTAIN CITY PROPERTY FOR PLACEMENT OF GAS PIPEUNES and LICENSEE SUMMARY are to be provided with the completed ROW PERMIT APPLICATION "Example No. 1" Sample Abandonment & Release of Easement EXAMPLE PARTIAL ABANDONMENT AND RELEASE OF EASEMENTS THE STATE OF TEXAS § § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON This Partial Abandonment and Release ofEasements (this “Partial Release’') is made and entered into on this day of , 2022 (the “Effective Date”), by EnLink North Texas Gathering, LP, a Texas limited partnership, whose address is 1722 Routh Street, Suite 1300, Dallas, TX 75201 (''EnLink”). WHEREAS, EnLink (successor in interest to Crosstex CCNG Transmission, Ltd. And Crosstex DC Gathering Company, J. V.) owns certain easement rights by virtue of its interest in the following described instruments (collectively, “Easements"): 1. 2. 3. Easement granted to Crosstex CCNG Transmission, Ltd. by Robert W. Jones Jr., Trustee of the Jones Family Trust dated March 15, 2002, recorded as Volume 5307, Page 4496 of the Real Property Records of Denton County, Texas; and Easement granted to Crosstex DC Gathering Company, J. V. by Robert W. Jones Jr., Trustee of the Jones Family Trust dated May 1, 2008, recorded in Instrument Number 2008-58200 of the Real Property Records of Denton County, Texas. Right of Way Agreement granted to Crosstex CCNG Transmission Ltd., by M. Barry Clearman and Anita A. Clearman dated January 14, 2003, recorded as Volume 5405, Page 1030 of the Real Property Records of Denton County, Texas; and Easement granted to Crosstex CCNG Transmission, Ltd. by Harlan Properties, Inc. dated May 6, 2003, recorded as Volume 5340, Page 535 of the Real Property Records of Denton County, Texas. 4. WHEREAS, EnLink desires to abandon and release the Easements with respect to, and onjy with respect to, those certain tracts more particularly described on Exhibit “A’' attached hereto (“Release Tracts’'). WHEREAS, EnLink desires to reaffirm all of its right, title and interest created and established by the Easements with respect to all other land subject thereto, with respect to which the Easements shall remain in full force and effect and shall not be affected by execution of this Partial Release. NOW, THEREFORE, EnLink hereby abandons and releases the Easements with respect to, and onjy with resDeCt to, the Release Tracts. The foregoing abandon and release does not affect any other lands subject to the Easements, and all rights of EnLink under and by virtue of the Easements will remain in full force and effect and are in no manner waived or impaired as to all lands subject to the Easements not located within the Release Tracts. It is expressly understood that EnLink’s execution hereof relates and pertains only to EnLink’s interest in said Easements and in no way affects any other rights owned by third parties. [signature on following page] EXAMPLE EXECUTED by EnLink to be effective as of the Effective Date. ENLINK:ENLINK NORTH TEXAS GATHERING, LP, By: EnLink Energy GP, LLC its general partner By : Christopher J. Greneaux Director and Legal Counsel of Land ACKNOWLEDGMENT STATE OF § COUNTY OF § This instrument was acknowledged before me on , 2022, by Christopher J. Greneaux, Director and Legal Counsel of Land of EnLink Energy GP, LLC, the general partner of EnLink North Texas Gathering, LP, a Texas Limited Partnership. Notary Public, in and for the State of Texas My Commission Expires: AFTER RECORDING RETURN TO: City of Denton – Real Estate Division 401 N. Elm Street Denton, Texas 76201 Ann: Deanna Cody ( AS hi 5bOS ! o 38 142=91RIClIT'C}Fu\ViV AGREEMENT TIIE StATE OF TEXAS $ $I('OtiN'SY OF bENTON For and in agrad arn£dcr31ian of Rn Or IIars ( Sla.eH} h hInd pHd lliu rBeipl arId suHicicncy af which are huelly mknuwldscd, the unduLysaud (hneinant•r anal <iRAN’FOR. wlnlhcr anc or rrrule), doG hud)y GRANT, BARGAIN, SEI.I, and CONVEY to fROSCTTEX FCNC 'IRANS$t!£qIQNl LTD,, its ntccunrs and nisigns (hcreinaftu aRad Glb\NllU:). a dE;hI-of,war and inqc£irtnr, dorIS a touR the loc:dion of which IIas boca agreed to by panic\ llauin {IIn k>cation oFt ttc pipeline, as cuwtructed to wick:ncc such aBa+ud route) to lay. to wnqruct. nuintain, operate, tqdr, alltv, replace, change IIN size of and remove pipeline and fa£iHlits including. but not limilal to, icq :eads aId aerial markers, 3cro£s. urdu and upon the lands of GRANTOR, dons a route iII lbc County of Denton . State of Te\as, tchwil Being a certain 5.550 acre tIM of laId in the ANB Tompkins Suny A 1246. and bang the url be tract of tan(I described in a deed tnNNt\ C>ten R Thonus eI IN (iranlor and Milton B Ctedmrar\ a us, (;ranI,.w dalcd SQlalax:r 20, 19qX> and rw>idea in Vol. +337 at page 02213 of the Oecd Ruord5 of IIu County Clerk of Denlon County. Tex&q I The sun paid by daR on itv Granlar's u€nuion of this ingnm€n! is fix aN lhc ri}$1S brag luI by this inyrumalt. CongNdion nIV tbBin at any ti inc !bUntbia dt;lina of lhc ab<Ive mid gIrl) !towcva prior lo constnJCIinn (unlw OltxIrwin agreed) the balanac of the agreed sum for damasw will be paid in full alter, repair, palaIScI with the f5rst pi GRANFEE shall pay the size of. and riplace one or nutS i6roxi mately ;ucb add:tiang IIne so laid the daliars (516_OD) pa linn} rIg athe latin fw faUouirIS:;GRANTOR'S itunes II is agreed and underH<>d that <luang cons IncHon. this grant of w€ment viII haw a construdion width of fifty fw (SIP), Fonowiw camPajgn of the pipdilte cansluaion, the construaion ascmeM MII revert to & pcmw€xu wi(llb of twenty ant {2CY) nIC location of the pipeline IUll mark :he ann ofthe rigu4>f'way The GRANTEE stall hAve all of the rigtu8 and berHnlS nu43wy or naval icM for the full cnjOytnent or use alike rights herein granted Including but not limited to. thc Ere riShI of ingrau ta and cgrus over and acn\-,s said largs to and from said riga+H--way and easunent, and lhe right from dmg to titac to alt all treK undngTawth arId other abslruaians, aw tIny injure. cndan£,ct or intcdin uith lhc use of said Fbuline. GRANTEE nuy usc =ich inaian of the pnptuy dong and adjacent to sid ishi4 Gw=y as alay tx: rcasoaab]y nccrssary in coancaion with lhc construction. alaintcnancc. 7cpair. remo\al. Of nphceamt of its facUitis: provided GRANTE li shall be obligated to pay fo: dI nap md land wrfacc darrugcs as nl out tHaw arising Oul of ach use TO HAVE AND TO 110LD unto GRANTEE. its wccasots and asistns. so long, a the dghtg 3nd c&wnuH hudn barRed. or any one of them shall tx: used by, or useful to. GRANTI!!': for the FurTnsn hacla granted. with laKes to and CIgui fK>al the pnmisu for the punws of co®tmctln& inspeoIns npa;HIts aninta}nin& nplacing, and rwrovin!: the propcRy of GRANTEE kuan dwHbed; and the undersigned IIne try bind rhunscl\n. thUr ht+s. wcwtors and zdnirisIr?Jars (and niecesavs and masas) to wall-ant and forever dcFud ali and singular aid pruning unto tIn GRANTEE. its suu4$sob and £sdsus. against way pca,on wInKlwyn lawfully chilling or to chin the Hnc Dr ally pall tlrHCDf Tllc GRANTIE abFHS to bury all pipe so that the top of the PiN will be at tug four (4) fed below the ndsdn8 ground level. and to pay For any physical damage to Broth{ns naps, time}cc fences. or other gtrudurll improvarwms mused by congructinr\ mair,lawn npcratiun. rcpaidn& allcalico. rcpJacnncnl or rnmordl oF gad p;}xhac and bppinlcnant facilt lies. GRANTOR hl=an aVm ncI la ChVISClhc grade ave such pipcHw m hr,uil &iv pvty atMr !tw! o tO\NII JF, in chiIabc arch srndc B€forc CRANTOR 3llows Mj pan} other than GR ANT131 !a way,lie or dis in any marian in lbc Gcinity of tb£ p:pclinc. GRANTOR stun (1) Ruin our the cwa llwdu8 af said pIpeline in nch party and (2) Idl glen party atxlut IEts rctFircmcnt UnI the wade ova Ike Npd im is not to bc changed GRANTEE and GR,\bfI-EE’S assigns 5l1111 induu@ and hold (iRANTQR haml3Lqs Iron atI coSts, damaga or claims arising Out of any iiI}IIV la persons or properly wc&dowd by. arising ou! of. or ruulting float the opHatioas af GR,\MElt. iLS asalls ur craploya5 or indqxndca! axrtr2aan on GRANTOIt'S prclnisa TIIis Agr£cnru}! shall tx bindiw upon and dull be for Itu bale St of the heirs. slac£son rcprcnnlaiva, and &signs of GRANTOR Md GRANTEE. w&thu &nignixI. devised. or uthawisc nan$fcrr IJ in whole or in pall by eIther of the plain hunt), aId the asrwllaRS heIein wlKaincd shall be cabvlants running with ltte hnd. • '• +/af+Pnh+pe-vnlbRa#vhnnde4J=ubf+aIBnBU.at=annUM+V+dove\t•qUI, }/ HR\51,OS 1031 Thc said GRANTOR Ins a right to fully uu and enjoy uH praniws ecccp! as amc any be lrccwnr}' for the puqnn herein granted to said GRANTEE_ 1: is agreed thaI tIis Brwt covas d1 th, asKtn,nIts bctwtwn thc pirnits rInd llurt no reI_'rcwniztlon or allCHuan, vcdId or written. tube hun made modify@, adding to, or changing the terms of IEs Aqreancru His inslruarul! may be t*xeatcd in multiple aourauNns with ach SLjwatc countupaa comtiturins', a %lid and binding coavcynu. Each of the uadasigned asta llnl for recording purposai their Inputt\e siyulun pasH altd acknowlcd8cmults guy tIC ruytovcd from their respealvc countupair and attached to a single original of this inqnllnaII , IN TESrBIONY WIIEREOF, TI{E GRANTORS badR have uccutcd this cenvtyalce this //#74/ day of JqA/ ' , 20% GRAN TOR a7 p &PA1/4 M 8;r;/Cl: a RriiFl-FFar nan TIIE STATE OF TEXA S iiicouNry OF Demon BET’my$H!,““F'""”'-’'" IN “”"”"=W’bY& GIVEN UNDER MY HAND AND 2002. SEAL OF OFFiCE this the day fd_ of J ].<. JP?,a E::::#:::j.nmIN FL ICA CWNy HqRLYN MAnu MayR6e $TXNtFTEXA3 grUB:naRa,au TIIE STATE OF TEXAS $ § ICOUNTY OF Demon #i-„„'y, 2003 by a&wm;;Pdbt“' -'' '- 'h Jsf/1:v; I ST %?;! bI Y H A N D A N D s ILrJ!I L o F o ]F1F ICE MdF @ aT nor Nm !=?;;;BTW{_ il,aa i Notary Public ill and tatzb,\Tna) tung State ofTaa s. \fA-P+qVq' dahN++ B bX+g+Jd>VUw+•wH#daHr4nVh\ i&afb++?== , L-,JXs'eZ: -a= = it SLas 1 032 }.T' :f:: in !'Tr.:?IF \{fI=b ; ; i\i :.’ ";: \: . ; ,'+' ; f I. .f''( ' './ Lse r.,+Vf- A bPI gjlWYE= ;=INTY HEM O' AtRu8,i;,:©3 DBSiI tie-aiR OCR Djry D'anc.l=''/ i 53bO 00535 EASEMENT AGREEMENT 081049 THE STATE OF TEXAS COUNTY OF DENTON I i For %luabie consideration, the receipt and suftlcierwy of which is hereby acknowledged, the undersigned (heninaRcr called “GRANTOR”, wItcH,er one or more) does hereby grant, bargain, sdI and convey to Crosstex CCNG Tramnission. Ltd. its successors and assigns, (hereinafter dIed “GRANTEP) an easement for pipeline purposes only, across and under the land described for the casement, twenty (20) feet in width, at the location described by mau and bounds and by plat in the attached ExJrR)it “AH, subject to the limitations. conditions, and covenants set forth below GRANTEE’S rights under the casement shall be limited to construction, maintenancn, operation. repair, and remo%! of a single pipeline no larger than 6 5/8 inches in diameter, running through the easement from north to south. There is expressly excluded from the rights granted hereunder, the right to change the size of the pipeline provided for herein or to add any additional pipelines or to construct any other facilities within the casement i i I i ; i I ii GRANTEE shall have one hundred and ei£tuy (180) days from the date of this easement agreement to commence and complete congwction of the pipeline provided for herein. In the event construction of the pipeline contemplated herein is not completed within one hundred and eigh£y (180) dain from the date of this agreement, the rights of GRANTEE hereunder shall terminate. GRANTEE shall have the obligation to and shall within ninety {HD days after the date oftenninadan of its rights hereunder, restore the property to the same condition it was in prior to the date of this agreement. For one hundred and eighty (180) days from the date of this agreement or until the completion of construction whichever occurs earlier, GRANTEE shall have for construction purposes only, an easement 30 feet wide along the east side of the easement granted herein. GRANTOR shall not change the grade over such pipeline or permit any of its employees, contractors or nprcwnta6vw to excavate or dig in any mannu niIbin the casement \\ithout ant having given GRANTEE thirty (30) days written notice at GRANTEE’S addrws set fonh below GRANTEE’S signature line below describing the exc3%lion \york proposed to be performed in nch rasonablc detail as GRANTEE may require, Such examtion work shall be conducted in compliance with the procedures and requiremBHs described herein below with respect to the construction or installation ofimprowments within the easement. GRANTEE shall have the right to (i) point out the exact loudon of said pipeline to such parly (2) tell such party about this requirement that the grade over the pipelines is not to be changed; and (3) require tInt the proposed mca%lion work within the %sement be conducted in a manner thaI will not interfere with the safety or cflicienw of Gr4nte's pipeline or with its use ofits casement rights, GRANrEE is aware that GRANTCJR intends to perform contoudng work to improve drainage on the land that is subject to this msunenl GRANTOR shaH be pemitted to perform that land contouring work, upon compliance with the requirements of this paragraph. provided that at least thirty-sk inches (36") of cover is nlaiaained over the top of GRANTEE’s pipeline at dl times. TIle GRANTEE shaH bury all pipe so that the top of the pipe \viII be at least sk feet below I I i I i Ii 1 53bO 00536 the existing ground level, and wIll pay for any physical damage to growIng crops, timber, fencu, or other structural improvements caused by construction. maintenance operation, rep,iring. or removal of said pipeline. Not\vithstanding anything herein to the contrary, at any time GRANTEE c\ercisn any rights for the construction, maintenance. operation, repair, replacement or remova} of a pipe line or otherwise engages in activities that disturb the surface of the msemen i or the permitted improvements locaIed therein iI shall within thirty (30) days after the date of such acavity, either (D ratore the area covered by the wnment and any permitted improvements thereto, to substantially the same condition as existed immediately prior to the commencement of its activitie g to the extent practicabIE all at its sale cost and expense; or (Ii) pay GRANTOR for the reasonable cog ofprfonning such rescomtion work. Construction repair and restorations of the permitted improvements shall be of the same or better quality materials and wortnwrship and r%90nab ly acceptable to the GRAFfFOR in appe,u,Inez. Notwithstanding anything herein to the contrary, each of the covenants obligations and undertaldngs of GRANTEE herein shall be conditions of its conlinued right to exercise any right. titles or interest hereunder. In the event GILANTEE fails to cure any breach hereunder after having been 8ivea thirty (30) days written notice (specifying the manner in which GRAIVTOR believes that GRANTEE has breached its obligations hereunder and the steps nwewa to cure such breach) and opportunity to cure at the notice address indicated below, rights hereunder shall terminate without further notice and GRANTOIL its succwsors and asigns shall have the fight, but not the obligation, to remove any pipe line situated within the easement and to restore the easement and any improvements thereon to the same condition that existed immediately prior to the remo%], to the extent pmcHcable. and GRANTEE, its successors and assigms shall be liable to GRANTOR its successon and assigns For all costs, expense, damage, liability, fees and aHomeys fees incurred in connection therewith. Notwirhstmding anylhing herein to the contrary. GRANTEE shall have no dgbt, use or enjoyment of pnperty of GRANTOR, not specifically described herein and within the msement5 granted hereby. GRANTEE and GRANTEE'S successor and assigns shall indemnify and hold GRANTOR, its successors and assigns, harmless from all costs, loss, expense damaga or ciairn5, including without limitation attorney’s fees arising out of injury to persons or property occasioned by, uidng out oe or resulting acm the operations of GRANItE, its agents, employees or independen{ contractors on GRANTOFrs land or the property covered by the easement granted herein TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns. so long as the rights and easement herein granted, or any one of them shaH be used by, or usefUI to, GRANTEE for the purposes herein granted, subject to the conditions provided herein and the undersigned hereby bind themselves, their heirs, exnuton arxl administrators (and nrccusors and assigns) to warrant and forever defend all and £nBJar said premises unto the GRANTEE, its wwusors and assigns, against every person whomsoever lawfu$1y clainring or to claim the same or any pan theno£ 2 33bO 00537 This Agreement shall be binding upon and shall inun to the benefit of the heirs, successors, npnsentatives and assign ofGRANTOR and GRANTEE, whether assigud, dwised. or otlruwisc transferred in whole or in part by either of the parties hereto. and the agreements herein contained shaH be covenants running with the land Subject to the above restrictions, GRANTOR hereby reserves for itsel£ its successors and assigns al dghts not exprnsly granted and conveyed to GRAIfFEE, including the right to build and maintain fences (with gates to allow Grantee unimpaired access along the easement and with fence posts at depths and locations that have been approved in advance by Grantee in accordance with the procedure ductR3cd herein below). landscaping. underground and overhead utility lines. pipelines, drainage facilities, streets, road& alleys. parking lots and other subdivision improvements on, over or within the msemeN, as long as such use doe not interfere with the safety or efficiency of Grantee’s pipeline or with its use ofits easerrlcN rights and otllenvisc carnp lin with the terms of this easement and all applicable laws, rules and nsulations. At least thirty (30) days in advance of any construction over, under, across or upon the eawment, GRANTOR shall provide written notice to GRANTEE of Gwrtor’s proposed construction in such reasonable detail as GRANTEE may reasonably require, and GRANTOR shall abide by reasonable nqu%IS or insuucaons of GRANTEE re8©ding such construction to avoid interference with the safety or eaiciency of GRANTEE’s pipeline or with its use of its %semen! rights. Improvements installed in compliance with the nquinments of this paragraph are considered “permitted improvements." GRANTEE shall have the right to require removal of all improvements built, placed or construed over, under, across or upon the usemart contraa to the requirements of this paragraph, GRANTOR shall not construct or install (or permit any of its employeR contractors or representatives to construct or instaID any buildings or structures on, over or within the easement area except permitted improvements. ! ! I iI ! ! It is agreed that this grant covers all the agrwments between the parties, and that no Kpnsenta6on or statements. verbal or UTittan, have been made modifying, adding to. or changing the terms of this Agreement Ttre GILWJEE agrees that its use of the casement shall be in compliance with all applimble federal, state and local government la\vs, rules and regulations governing such activities_ E\clusive venue for any action hereunder shall be in thc court of competent jurisdiction in DenIal County, Tuas. This instrument may be uewtod in multiple counlerpaRS wah each separate countcQan constituting a valid and binding conveyance. 3 53kO 00538 IN IESTW{aNY WHEREOF, THE.qRAbnOR and GRWtEE. herein have examIIed thIS ,g,e,m,.t eiedhe ths JA dayat J$+––’ 20c>3 GRANTEE:GkANTOR' 1{LTD. n ArUAN PROr£RTrES, INC. Title: i ! ! I } ! tI . i 5340 00539 STATE OF TEXAS i $ bCOUNTY OF DALLas This instrument \%s aclurowledged befo by Jams R Wales, Exuu live Uce President of ofCrosstex CCNG Transmission Ltd. e me aisthe 5£ day =rosstc#9ergy Bbl& State of Texas '1 I t i STATE OF TEXAS i 9 gCOUNTY OF J+bl as by This instrument was acknowledged before me this the SH day of M b) , Sy&&so N.SItat $,44anl , Pre,; d,N+ - ofHartan Properties, Inc J 2003, i i i i i maT,diE,Val=m;i ',4£- FI,u/ eLL \•\\qb\\\-\,\Xb\\\\v\isan i; -i iT iI i I i iI 5 ++ =1+ • e ,=•U:• ; n- P i 53bO O05hO l:XIIIBIT "Al+ PAGE 1 QF 2 BEING all that certain 0.667 acre lot, tnrct or parcel of land situalcd in lhc A. N. B. Thnrnpkins Sun'cy, Absiracr No. 1246, Denton County, Toxin and being a part of a ccnain tract of land described by deed to ll3dan Propenics, Inc. recorded in VolunIC 4704, Page 1297 of the Deed Rccords of Denton County, Texas and being more panicularl y de5critnd as foIIo\vs; COMMENCING at a 60d nail found at the Nonhu-cg corner of said llwlan Properties, Inc. Tract located on the centerline ofHighZand Park Road and the East line of South Bonnie Bmc;i ITHENCE: South 02 degrees 52 minutes 12 seconds \Vest. with the said East iillc of said Bonnie Brac, a distance of 1 5.00' to the POINT OF BEGINNING THENCE: South 86 degrees 57 minutes 02 seconds East, with thc SOIlth line of said Highland Park Road, a distance of 20.atF to a point THENCE: South 02 degrees 52 minutcs 12 seconds \Vest. a distance of 745.8a to a point THENCE; SaudI 01 degrees 46 minutes 54 seconds \Vest, a distance of348.71' to a point THENCE: South 02 dcgracs 14 minutes 01 seconds \Vest. a distance of 348.95' to a point TIIENCE: South +7 degrees 14 minutes Ol seconds \Vest. a distancc af 28.28' to a point on the \Vest line of said IIar Ian Properties, Inc. Tract, for corner; TlIENCE: North 02 degrees 14 minutes 01 seconds East. \vial said \Vest line and along and near a fence line, a distance of 368.87' to a in iron rcxl found, for cornerI I THENCE: North 01 degrees 46 minutes 54 seconds East, with said \Vest line. a distance of 348.82' to a in iron rod found on lhc East line of the aforementioned South Bonnie Brae, for comer; THENCE: North 02 dcgrccs 52 minutes 12 seconds East, with said \Vest line and said East line of South Bonnie Brac. a distance of 746. II’ to the POINT OF BEGINNING and containing 29073 squz-c fcv! or e).667 acres of land more or less IT John B. Finchcr, do hereby state thaI the above field note description n-as prepared from an actual surrey made on the ground. under my direction and supcnision. during the month of April, 2003 . /n B. Finchcr, RPI.S State of Texas No. 1708 May 2, 2003 Job No. CTE501a "Z. \ \ \E X=J I: To F # 9 ;\ iIt p 1c) I N T 1C) : 8 e 1C> 1 N N 1 1NF N 8#57'02" W20 OO' \ I\hD:iWE:R: RE:::::'0 s. RUIZ, a) }\Ind. I iron t \, \ \ ') \- \ / Ind.1 iron : 1:) el Ind. I iraq '\ \ I \ \ \\ i r#=_-++-+ S3bO B05b2 i i t I i iI i I I I i iI i ! I i ga+HAEg?ll;ii? i=„A ,u„ anntnag:€{ai083 i E!i !! ! ! r == = n R 1:!{};iit:g 4 S EXHIBIT C Preliminary Engineering Agreement Capital Planning 901 A Texas St., Denton, TX 76209 • (940) 349-8MDENTON MEMORANDUM DATE:September 25, 2020 11 () :Todd Hileman FROM: SU&IECT: Paul Williamson Mad'-- Preliminary Engineering Work for Rearrangement of Gas Pipelines Agreement Bonnie Brae Widening & Improvements – Phase 3 – Highland Park Road area Staff has been coordinating with EnLink North Texas Gathering, LP, in anticipation of entering into a Gas Pipeline Rearrangement Agreement for relocation of their gas pipelines that conflict with the planned road improvements. The subject Preliminary Engineering Agreement provides EnLink $25,000, up-front, to cover the initial costs for their field surveying and design work necessary to develop a “plans & specifications package”, to be put out for gas pipeline contractor bid purposes. Once the final determination has been made as to the actual cost of the necessary gas pipeline rearrangement work, a second agreement (Reimbursement Agreement) will be forthcoming between Enlink and the City and will be placed on a City Council agenda for consideration. That Reimbursement Agreement will provide a mechanism for the City to fund EnLink’s costs to move their gas lines to accommodate this segment of the Bonnie Brae project. The subject Preliminary Engineering Agreement, attached, has been approved to legal form by the City Attorney’s Office and EnLink and the request is that you sign the Agreement, and thereby also approval of the initial expenditure of an upfront $25,000, as payment to EnLink. EnLink was very resolute in their policy of requiring an advance payment to cover their preliminary engineering costs and related that no work would be performed on their part until payment to that end has been received. As an aside, in 2018/2019 the City entered into a Preliminary Engineering Agreement, and subsequently a Gas Pipeline Rearrangement Agreement, with EnLink for Bonnie Brae - Phase 1 and their resultant work and billing measures proceeded as expected and without event. Please contact me with any questions or concerns. Paul Williamson, cell 940-390-9992 Cc: Seth Garcia, Project Manager (7121), Paul Williamson, (8921) OUR CORE VALUES Integrity • Fiscal Responsibility • Transparency • Outstanding Customer Service AGREEMENT REGARDING PRELIMINARY RIGHT-OF-WAY & SURVEY WORK FOR REARRANGEMENT OF GAS PIPELINES This Agreement Regarding Preliminary Right-of-Way and Survey Work for Rearrangement of Gas Pipelines (this “ Agreement“) is entered into by and between ENLINK NORTH TEXAS GATHERING, LP (“EnLink”), with principal offices at 1722 Routh St., Ste. 1300, Dallas, TX 75201, and the CFFY OF DENTON, a Texas home-rule municipality (“City”), whose mailing address is 215 E. McKinney Street, Denton, Texas 76201 (individually referred to as “Party” and jointly as “Parties”). WHEREAS, by virtue of the following described instruments, EnLink, as successor in interest to Crosstex CCNG Transmission, Ltd. and Crosstex DC Gathering Company J. V., is the owner of certain easement rights in, along, over, upon, and across certain property more particularly described therein: 1.Right-of-Way Agreement dated December 24, 2002, by and between Alan Ray Chamberlain and Linda Adele D Chamberlain, as Co-Trustees of The Chamberlain Trust, as grantor, and Crosstex CCNG, Transmission, Ltd., as grantee, recorded under Instrument Number 2003- 175333 ; Right-of-way Agreement dated December 24, 2002, by and between Curtis Jim Elder and Kathleen Denise Elder, as grantor, and Crosstex CCNG Transmission, Ltd., as grantee, recorded under Instrument Number 2003-95698; Easement Agreement dated May 6, 2003, by and between Harlan Properties, Inc., as grantor, and Crosstex CCNG Transmission, Ltd., as grantee, recorded under Instrument Number 2003-81049; Right-of-Way Agreement dated January 14, 2003, by and between M. Barry Clearman and Anita A. Clearman, as grantor, and Crosstex CCNG Transmission, Ltd., as grantee, recorded under Instrument Number 2003-142291 ; Right-of-Way Agreement dated March 15, 2002, by and between Robert W. Jones Jr, individually and as Trustee of the Jones Family Trust, as grantor, and Crosstex CCNG Transmission, Ltd., as grantee, recorded under Instrument Number 2003-5 198 1 ; Right-of-Way Agreement dated September 26, 2003, by and between Robert W. Jones Jr. Individually and as Trustee the Jones Family Trust and L. A. Nelson Individually, as grantor, and Crosstex CCNG Transmission, Ltd., as grantee, recorded under Instrument Number 2003- 162742; Pipeline Right-of-Way Grant dated January 1 1, 2005, but effective January 6, 2005, by and between Curtis J. Elder, Kathleen D. Elder, Alan R. Chamberlain, Linda Chamberlain, and Alan Ray Chamberlain and Linda Adele Duffy Chamberlain, as Co-Trustees of The Chamberlain Trust, as grantor, and Crosstex CCNG Transmission, Ltd., as grantee, recorded under Instrument Number 2005- 16178; and Grant of Easement dated May 1, 2008, by and between Robert W. Jones Jr., Trustee of the Jones Family Trust, as grantor, and Crosstex DC Gathering Company, J. V., as grantee recorded under Instrument Number 2008-58200; 2. 3. 4. 5. 6. 7. 8 WHEREAS, EnLink operates and maintains existing gas pipelines (“EnLink Facilities“) in and across premises depicted on Exhibit “A“ attached hereto (the “Premises”); and WHEREAS, City desires to modify the location of South Bonnie Brae St. and Highland Park Rd. (the “Road Development”), which proposed Road Development would conflict and interfere with the EnLink Facilities in locations identified in Exhibit “ A“ attached hereto; and WHEREAS, City has agreed to pay the costs incurred by EnLink, or one or more of its affiliates, for certain Right-of-Way and Survey work and other preliminary activities relating to the proposed relocation or lowering of the EnLink Facilities; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by the Parties as follows: 1. EnLink’s Responsibilities: To determine the potential impact of the proposed Road Development on the EnLink Facilities, ErILink will perform, or have performed, at City’s expense, (i) a preliminary ownership and title review of tracts that may be affected by possible relocation of EnLink Facilities (ii) contacting landowners to determine best possible route for EnLink Facilities affected by the Road Development, (iii) a preliminary Survey design review of the City’s proposed civil design plans regarding Road Development for possible rearrangement of the EnLink Facilities, and (iv) a cost estimate for possible rearrangement of the EnLink Facilities (collectively, the “Preliminary Right-of-Way and Survey Work“). Within sixty (60) days after the completion of the Preliminary Right-of-Way and Survey Work, or earlier termination of this Agreement for any reason, and EnLink’s final determination of its total actual costs and expenses incurred in connection with the Preliminary Right-of-Way and Survey Work (“EnLink Total Cost”), EnLink will furnish to City a statement (the “Statement”) setting forth the EnLink Total Cost. Any adjustment between the EnLink Total Cost of the Preliminary Right-of-Way and Survey Work and the Cost Estimate amount previously paid to EnLink pursuant to the Section 2 below shall be made by the responsible party within thirty (30) days after EnLink’s submittal of the Statement 2. City’s Responsibilities: Within five (5) business days of the effective date of this Agreement, and as a condition to EnLink commencing the Preliminary Right-of-Way and Survey Work, City shall pay to EnLink an amount equal to Twenty-Five Thousand Dollars ($25,o(x).m) (“Cost Estimate”) for the estimated cost of the Preliminary Right-of-Way and Survey Work. 3. No Obligation to Relocate or Lower the EnLink Facilities: This Agreement only governs City’s obligation to pay the costs incurred by EnLink in connection with the Preliminary Right-of- Way and Survey Work, and this Agreement does not obligate EnLink to relocate or lower the EnLink Facilities. Further, nothing contained in this Agreement shall be construed to require City or EnLink to enter into a facility relocation agreement or any other transaction, and nothing herein shall serve as precedent for terms of a facility relocation agreement or any additional agreement(s) that may be executed by the Parties. 4. Authority: Each Party represents that the person signing this Agreement on behalf of such Party has the legal authority to execute this Agreement on behalf of his or her respective Party, and that such binding authority has been granted by proper order, resolution, ordinance, or other authorization of the entity. The other Party is fully entitled to rely on this representation in entering into this Agreement. 5. Termination: This Agreement shall terminate upon completion of the Preliminary Right- of-Way and Survey Work and satisfaction of all obligations set forth in this Agreement, and this Agreement may only be terminated earlier by a Party if the other Party breaches a term of this Agreement and fails to cure such breach within thirty (30) days of written notice from the non- breaching Party. 6. Notice: Any notice required or permitted to be given under this Agreement by one party to the other shall be in writing and shall be given and be deemed to have been served and given as if delivered in person, to the address set forth below, on the party to whom notice is given, if placed in the United States mail, postage prepaid, certified mail, return receipt requested, and addressed to the party at the address specified below. The address for the City for all purposes contained in this Agreement and for notice under this Agreement shall be: Todd Hileman, City Manager 215 East McKinney Street Denton, Texas 76201 Phone: 940-349-7 100 With copies to: Trey Lansford, Deputy City Attorney 215 E. McKinney Street Denton, Texas 76201 Phone (940) 349-8333 The address of EnLink for all purposes contained in this Agreement and for all notices hereunder shall be: Name: Colin Brammell With copies to: EnLink North Texas Gathering, LP Attention: Land Department 1722 Routh St., Ste 1300 Dallas. TX 75201 1722 Routh St., Ste. 1300 Dallas, TX 75201 Phone: 405422-8919 Email: colin.branrmcll@enlink.com 7. Texas Law: This Agreement is being executed and delivered and is intended to be performed in the State of Texas. The laws of Texas shall govern the validity, construction, enforcement, and interpretation of this Agreement. THIS AGREEMENT IS PERFORMABLE IN, AND THE EXCLUSIVE VENUE FOR ANY ACTION BROUGHT WITH RESPECr HERETO SHALL LEE nq, DENTON COUNTY, TEXAS. 8. Time of Essence: Time is of the essence in this Agreement. 9. Prior Agreements Superseded: This Agreement constitutes the sole agreement of the Parties and supersedes any prior understandings, or written or oral agreements between the Parties, if any, related to the subject matter of this Agreement, and may be amended or supplemented only in writing executed by the Party against whom enforcement is sought. 10. Agreement Execution: This Agreement may be executed in any number of counterparts, all of which taken together shall constitute one and the same agreement, and any of the Parties hereto may execute this Agreement by signing any such counterpart. 11. Binding on Parties: This Agreement shall inure and be binding upon the successors and assigns of the Parties. _ IN WFFNESS WHEREOF, the Parties hereto have executed this Agreement as of WM:2020. - ENLUVK: ENLHVK NORTH TEXAS GATHERnqG, LP By: EnLink Energy GP, LLC its general partner By: Name: Title: C)\r.sI 6ph„ J. Godavy‘ b){fec+or af Lqha( [City signature on following page] CITY: CITY OF DENTON Todd Hileman, City Manager Date:IItq fz6zo ATTEST: ZIa I)] Rosa Rios, City Secretary %-9g/&72/b7 APPROVED AS TO LEGAL FORM: Date:IIU 1 %on THIS AGREEMENT HAS BEEN BOTH REVEWED AND APPROVED AS TO Financial and operational obligations and Businl 7 mr (SS „”,( RAL"'e, bQLC.L L=>or 'by .„.. 'tr '*t '. Department I II!HiIl:asrE:FgW 4) DC–402 (4”) DC–402 DC-400 4 INCH RELOCATION (4”) DC–40f n,- - 8U15 }alta ntHXIESb BIC val fAR,PC 1297 azacz Kt&B ain GAS r WELL srrE ALAN GamBia aRTS nooR :4’IDc: DS&AWN DR. FHIC SCALE Graham Associates,ii CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE. SUITE 500 ARLINGTON, TEXAS 7601 1 (817)64G8535 TBPE FIRM: F.1191frBPLS FIRM: 10153&00 1000 EN-LINK GAS LINE RELOCATION EXHIBIT A CITY OF DENTON, TEXAS SOUTH BONNIE BRAE STREET DRAWN BY: MPB PROJECTNO.: 96GIOOI DATE: 07/10/2020 SHEET 1 OF 1 U E b H b- b I q + q n r b b b # b r ! a 1. + n + e + g n +