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Home My WebLink AboutResolution - 2010-R0428 - Contract Of Purchase Of Easement - Willoughby, LTD - 09_16_2010Resolution No. 2010-RO428 September 16, 2010 Item No. 5.8 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for Purchase of Easement for certain pipeline easement interests located on certain properties in Garza County. Texas, owned by Willoughby, LTD, a Texas limited partnership and all related documents. Said Contract for Purchase of Easement is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council on _ September 16, 2010 410v •9 - TOM MARTIN, MAYOR ATTEST: Rebec Garza, City Secretary APPROVED AS TO CONTENT: Marsha Reed, P.E., Chief Operation Officer Dave Booher, Right -of -Way Agent APPROVED AS TO FORM: Assistant City Attorne} Res -Contract for Porch Easement-Willoughby,urD 8.31 10 Contract: 9 723 Resolution No. 2010—RO428 .CONTRACT FOR PURCHASE OF EASEMENT This Contract For Purchase of :Easement (the 'ContraWl Is made on this 16th day of September , 2010.("_Effedtitie Date"), by and between Willoughby; Ltd:, a Texas Limited Partnership (referred to herein as °Seller" w- heth`er`o6e or iiiore)_mnd the City of Lubbock, Texas, a Texas home rule municipal corporation (referred to herein. as °Buyer). RECITALS WHEREAS, Seller owns .the Easement Area: (a$ :defined in the Easement _Agreement (the °Easement Agreement') attached hereto :as Exhibit A) =and, the Temporary- Easement Area (as defined in the. Easement -Agreement) (the Easement -Area and`the Temporary°.Easdmeffl Area shall be collectively referred to -herein as the °Eassement Areal: and MEREAs, Seiler desires to sell th ,Buyer, and, Buyer desires to buy from Seller, a permanent Arid temporary easement (collectively, the 'Easemeff) over; across=and upon the Easement Area, and the Temporary Easement Area in- accordance -with the term* of the Easement Agriebment The permanent easement may sometimes tie referred to herein: as the "Property".. -ARTICLE 1 SALE' OF.EASEMENT Fpr the consideration hereinafter set forth, and upon the terms, Wnditions and provisions herein contained;, Setter agrees 'to sell -ano.r vey to Buyer, _pnd Buyer agrees- to purthas,& from seller, -the Easement and.011 dghig incident thereto as described -in the I;asomt nt Agreement attached hereto and incorporated herein far all purposes. ARTICLE 11 PURCHASE PRICE AND EARNEST MONEY 2.01 Purchase Price. The Purchase Price to be paid to Seller for the Easement described herein is the sum of Thirty. Eight Thousand and Sixty and 45/100ths Dollars ($38,060.45) (the "Purchase Price") which amount Is the _surn of the'amounts set forth in Paragraph 16 of the Easement Agreement 2.02 Independent Contract Consideration. Within -seven (1) business days after the Effective Date, as. defined below, Buyer shall deliver to Seller a `pheck'in the amount of One Hundred. and No/100 Dollars ($100.00) ,(the-'`Independent:Contr ict Consideration"), which amount the parties he. reby acknowledge. and agree has been bargained for and agreed. to a$ po-nsiderafion for Seller's execufion and delivery of 'this Contract. The Independent Contract Consideration is to tie credited against the Purchase .Price at closing, if Closing_ (as, identifiedbelow) occurs. ARTICLE III TITLE AND SURVEY 3.01 Title Commitment. Within fifteen (16) calendar days after the Effective Date, Buyer, at Buyer's solee cost and expense, shall cause to be furnished to Buyer a current Commitment- for Title Insurance (the —Title Commitments for the Property, issued by West Texas Title Company, ("Title Company") semng fortis its exceptions to title ('Exception/Exceptions') and copies of any such Exceptions. 3.02 Survey. Buyer, at Buyer's sole cost and expense, has caused a current on the ground survey for the Property (the °Survey") to be..delivered to Buyer, Seller shall at no cost or expense to Seller fumish any-affidavits, certificates, assurances, and/or resolutions required by the Title Company, if any, in order to amend the survey exception's as required by Section 3.05 below. 3.03 Review of Title Commitment; Survey and Exception Documents. Buyer shall have a period of fatty. five (45) calendar days (the "Title Review Period') commencing with the day Buyer receives the last of the Title Commitment, the Survey, and the Exception documents, in which to give written notice to Seller, specifying Buyers objections to one or more of the_items °Objections" y bj ( � ), ifany,. All items set fiorth in the Schedule. C �of the Title Commitment, and all other items set forth in the Title _Commitment which are required to be released at or prior to -Closing, shall be deemed to be Objections. 3.04 Seller's Obligation to Cute; Buyer's light to Terminate- If Buyer notifies -teller of Objections to any of the matters -furnished to Buyer pursuant th Seotion 3.03, the Seller shall, within fifteen (15) calendar days affer Seller is provided notice, either satisfy. -the Objections at Sellers sole cost and expense or promptly notify, Buyer in writing of the Objections that,Sefler.cannot-or-wilI not satisfy at Sell3e-s expense. If Seger felts orrefuses'to satisfy any Objections within the allowed fifteen (15) calendar day. period; such lure period shall be automatically extended an additional fifteen (95) days, If the obligation remains .unsatisfied, and. if .Buyer. and Seller do not agree in writing to an extension of that,�period, then Buyer -has the -option of either- (i) waiving, the.unsatisffed .Objections by, and'only by, notice inwriting;tq Seller within forty-five (45) calendar days after the expiration of 'the Trtie -Review Period,, irr which event those Objections shall become Permitted Exceptions (herein.so called); or (l) terminating this Contract by notice in -writing and receiving; back -the Independent Consid' .0 tiont in which latter -event Seller and Buyer shall have no further obligatbnsi one to -the other; with respectlo.. the subject matter of this Contract. 3.06 Title Policy. At Closing, Seller, at Buyer's sole cost and expense, :shait use its best-efforts fo cause a standard Texas Owner Policy. of Title Insurance ("Title Policy,") to be furnished to Buyer. The -Title Policy stall be Issued by, the. Title Company, in thatmount of the Purchase Price°.and insuring that. Buyer has fee Simple title'fa, -and. cah convey, an easement pursuant to the Easement Agreement over and. across .the ,Easement Area; subject only tathe Permitted Exceptions. The Title Policy may contain only the Permitted Exeeptions:and shall.cohtaln no other exceptions to .title, with the standard printed or commonly inserted exceptions amended or deleted, at the option of Buyer, as follows: (i) survey exception may be amended. to read "shortages In. area only (although, Schedule C of the Title Commitment may condition amendment on the presentation of 'an acceptable survey and payment, to be borne solely by Buyer; of any required additional premium), (ii) no exception will be permitted for -"visible and apparent easements" orvmrds'to that effect:, '(W) no exception will be permitted for "rights of parties in possession"; Ziv) no liens will be shown on Schedule B. Notwithstanding the enumeration of the following exceptions, amendments and/or deletions, Buyer may object to any Exceptions it deems material, in its sole discretion. ARTICLE IV FEASIBILITY REVIEW PERIOD 4.01 Review Period. Any term or provision of this Contract notwithstanding, the obligations of Buyer specified in this Contract are wholly conditioned on Buyer's having determined, in Buyer's sole and absolute discretion, during the period commencing with the Effective Date of this Contract and ending ninety (90) calendar days thereafter (the "Absolute Review Period"), based on such tests, examinations, studies, investigations and Inspections of the Easement the Buyer deems necessary or desirable, including but not limited to studies or inspections to determine the existence of any environmental hazards or conditions, performed at f3uyer's sole cost, that Buyer finds the Easement suitable for Buyer's purposes. Buyer is granted the right to conduct ,engineering and/or market and economic feasibility studies of the Fasement. and to conduct a physical inspection of the Easement Area, including inspections that invade the surface and subsurface of the Easement Area. If Buyer determines, in its sole judgment, that the Easement Area is not suitable, for any reason, for Buyers intended use or purpose, the Buyer may terminate this Contract by written notice to the Seller, as soon as CONTRACT OF SALE Willoughby, Ltd.— City of Lubbock reasonably practicable; but in any event prior to the expiration of the Absolute Review Period, and neither Buyer nor Seller shall -have any further duties or -obligations hereunder. ARTICLE V REPRESENTATIONS. WARRANTIES, CGVENANTS:AND.AdkEEMENTS S.el Representations :and Warranties_ of Seger. To induce. Buyer :to. enter into this_ t gntract and cy risummate the sale and purchase of the'Easement in accordance with the earls and provisions herewith, Seller represents and warrants to Buyer as of the Effective Date and as of the Closing Date, except where specific reference is -made to another date, -that the Seller has fee simple title to the EasementArea.. 5:02 Covenants and Agreements of Seller. Seller covenants and agrees witti'.0 -yer as follows: (a) Unless stated otherwise, within ten (10) days after the Effective Date; Seller; at Buyer's sole cost and expense; shall deliver to Buyer., with respect to the Easement- Area. tn1e, correct, and complete copies .or notice W .all oral or written leases or agreements and/or 'occupancy agreements of any kind or nature relating to the possession -of the ;Easement. Area, .br:anry j 00i thereof, -including any and all modifications, supplements, antl_ amendTr►ents thereto (the "Leases°); (b) Except as otherwise permitted herein, from the Effective Date ,until the _date of Closing or earlier termination of .this Contract, Seller shall not sell, .assign, :or conveyany nghtj_ title or interest whatsoever in or to the Easement Area, .or create,. or permit to.:exist; any ,lien; encumbrance, or charge -thereon. Buyer acknowledges that.the Property is looked in air. area1lFiat is tho 'subject of active oll and gas leasing .and operating activity: Notwitlistaridiing :eny Jorm or'.provision: in. thi;; Contract to the contrary, SeileEr shalt not be prohibited.=foom leasing ail oc any ..par#y. of the Properly pursuant to an oil and gas lease, so long as any such:lease contairls'those restrictions set°fbith in Paragraph 27 of the proposed-easemenf agreement; attached hereto.as:E�ch"ibit.°A 5.03 Survival Beyond Closing. The representations, warranties :covenants. and agree of feller and Buyer contained in this Contract,shall survive the Closing. ARTICLE VI CLO�S114G 6.61 Date and Place of Closing. The Closing shall take place in the offices of the Title Company. The Closing Date (herein sometimes called), shall be on the earlier#o occurof(t)-five (6) days following the completion of all conditions precedent to Buyer's performance of this Contract, so long as said date is after the expiration of the Absolute Review Period, unless Buyer elects, in its. sole discretion, to close prior to the expiration of the bsolute, Review. Period; or (II) as mutually agreed �on by -Seller and Buyer. Vniess provided otherwise herein or agreed upon: by Buyer and Seller, Closing'shall not be later than fifteen (15).calendar days -after the expiration of the. Absolute Review Period. 6402 items to be Delivered at the Closing. (a) Seller. At the Closing, Seller shall deliver or cause to be delivered to Buyer or the Title Company the following items: (i) The Title Policy in the form specified in Section 3.05; (ii) An Easement Agreement, in the form as attached hereto a$ Exhibit "A", duly executed by Seller and acknowledged; and (b) Buyer. At the Closing, Buyer shall deliver to Seller or the Title Company, the following items: CONTRACT OF SALE Willoughby, Ltd. City of Lubbock (i) The sum required by Section 201 in the, form of certified or cashier's ckieck, check or other readiy available funds; Both Buyer and Seller shall deliver -other items reasonably requas(o. '. by the Title. Company as' administrative requirements for consummating the -Closing. ARTICLE VIl DEFAULTS AND REMEDIES. t01 Seller's Defaults and Buyer-s Remedies. la) Seller's Defaults. Seiler is;in default under this Contract on the occurrence -of. anyone or more of the following events: (11 Any of Sellees warranties or represents- bns .pontpinoo in 'this Contract are untrue -on the. Closing. bate; or (6) 'Seller fails to meet, comply wittt or.perforrrr-any-covenant, agreement, condition precedent-or.obllgation on Seller's part required:within thetime limits and in the manner- required in `this Contract. (b) Buyer's Remedies. If 7 01.(a) occurs, Buyer may: fl) terminate the Contract .and -receive the Independent Consideration- as Buyer`s sole and exclusive ,remedy_or- (11) eriforce• specific performance.. 7.02 Buyer's Default; Seller's Remedies. .(a) Buyer`s Default. Buyer is `in default under, this Contract if .Buyer fails• to. -deliver' at Glo'sing, the items specified"in: Section 6.02(b). -of this Contract#or.any -reason other tha7r ii default by Seller under this Contract ortemiination .of this Cbntract.pursuant to. the -terms: hereof priorto Closing.. (b) Seller's Remedies. If 7.02(a) occurs; Seller may: fi). terminate the Contract and: retain the Independent. Consideration as :Sellers sole and exclusive; remedy, or (0) enforce specific performance_ 7.03 Notice. All notices, demands; requests„ -:and other communications required. hereunder sshiall be in writing, and shall be deemed to .be delivered; upon the earlierto occur.of`(a) actual receipt, and (b) the deposit of, in a regularly maintained receptacle for the United States Mail, registered or certified, return receipt requested, postage -prepaid, addressed as follows: SELLER: BUYER: Salene W. Funderburk Attn: Dave Booher Registered Agent City of Lubbock Willoughby, Ltd. 1625 13th Street 6926 Forest Glen Drive Lubbock, Texas 79401 Dallas, TX 75230 Telecopy: (806)775=3074 Copies to: For Seller: For Buyer. Mitch Motley and Attnl Marsha Reed Fort Staggers City of Lubbock P.O. Box 2665 1625 13th Street Longview, TX 75606 Lubbock, Texas 79401 Telecopy: (903) 753-6989 Telecopy: (806)776-2051 The parties may change their address effective in the same manner as other notices provided hereunder. CONTRACT OF SALE wUloughby, Ltd, City of Lubbock ARTICLE Vill MISCELLANEOUS 8.01 Governing Law and Venue., This Contract is being executed and delivered and is intended to -be orfbrmed -in be State- -of Texas, the laws of Texas governing the validity, const.rudoni enforcernent and IfitOrprdtEition df this Q�ntract. THIS CONTRACT IS PERFORMABLE IN, AND THE - P(CLU, SIVE VENUE FOR ANY ACTION BROUGHTWITHRESPECT HERETO, SHALL LIE IN LUBBOCK COUNTY, TEXAS. �$,02 Entirety land -Amendments. This Contract embodies the :entire agreement between the parties and supersedes -all . prior agreements and Und0tt6ndings, if any, related ated to the Easement- and may be amended or sLipplerrieetted only in writing executed by the party against whom enforcement is sought 8.03 Partl4s; Bdund. This Contract is binding upon and inures to the benefit of Seller and Buyer, and their respective heirs, eXecutors, administrators,- successors and assigns. 8.04 Further Assur-ances. Seller and Buyer agree to 'perform, execute -and/or -deliver, or cause 'to be performed, executed and/or delivered -at,the Closing or after -the Closing, any further deeds, opts, and assurances as are reasonably necessary to consummate the transactions contemplated hereby. 4.05 Exhibits. ThL- Exhibits which are referenced in, and attached to this Contract -are incorporated in and made a part, -of, this Contract fb.raIj purposes. .8.06 Authority. Any action thdt is provided to bb, or maybe taken by Buyer hereunder is bereby:deipgabed-by theCjIty C-;0tjhpiI of the City of Lubbock to the Deputy City Manager of Buyer, or his designea. When the cohtext recidires, singularcrowns464 proriaignalildude the plural. The undersigned represe6t ac 4 warrant -Meir respective ,aititbority to execute this contract, and to convey fully, and without reservation or excep tion, the intere0jn property 60sco0od herein, Ewuted by Seller on the c-14 ay of 200. o2* 10 SELLER: WILLOUGHBY, LTD, a Texas Limited Partnership, by and through S&RW, LQC, its General Partner Salene W. Funderburk Manager Executed by -Buyer on the 16th day of September 2009. CITY OF LUBBOCK Tom AAR-w MAYOR ATTEST: Rebec6A Garza, City Secretary CONTRACT OF SALE Willoughby, Ltd.- City of Lubbock APPROVED AS TO CONTENT Mar7shai eed;-Chief Opomflons-bificer 07/. Dave Rodher-, Rfght-of=Way Agent CONTRACT OF SALE Willoughby, Ltd -.City of Lubbock Resolution No. 2010-RO428 EASEMENT STAVE OF TEXAS :§ § KNOW ALL MEN BY THESE PRESE1,TrS, jWAT: COUNTY OF LUBBOCK § Willoughby;. Ltd., a Texas Urnited Partnership with, a street address of 6926 Forest Glen Drive, Dallas, TX 15230 (hereinafter referred to as the "Grantor" whether one or more) for a valuable consideration; to it paid.'by The. City of Lubbock, Texas (the "Grantee") with offices at 1625 13a' Street, Lubbock,. Texas 7.9401, the receipt and sufficiency of which are hereby ackidowledg4. has granted and. does: by these presents: grant unto Grantee the following described easement,., servitude and .riglt-of way, as described :herein (hereinafter called the "Easement') through, otter; under; upon, across; and within the following described lands, described in Exhibit•.A..(hereinafter called the --"Lands" )-situated in Garza County, Texas; .Pipelines and 1 quipraent Grantor hereby ,grants :to 'Grantee an Easement to survey;. construct, reconstruct, inlstall, upgrade, operate, :inspect; _maintain, -alter; relocate, replaces repair; and remove (hereinafter called "Permitted Uses") pipeliries,:conduits drain (blow off.) valves, valve boxes, meters, meter boxes, vents, rnanholcs, manhole. covers,::corrosion monitoring -.test. stations, pipeline markers; fence gates, Impressed .cuixeat deep. well anode stations with power supplies, flow meters, system communication lines and: splice `boxes, pipeline trail road on non cultivated areas, and equipment and facilities related thereto, or any part thereof (hereinafter collectively called the "Pipeline System"), for and/or related to the transportation of water through, under, upon, over, across and within the Lands. Such Easement shall be 60 feet wide, as described in Exhibit A as attached hereto, Further, a temporary construction Easement is hereby granted. adjacent to the perpetual exclusive Easement which shall be an additional 60 feet, as described_ in Exhibit A as attached hereto. The temporary Easement shall terminate upon completion of all construction activities related to that portion of the Pipeline System that requires said temporary Easement as described in Exhibit B as attached hereto. Exhibit A is attached hereto and incorporated herein, and hereby made a part hereof by reference to describe the Easement and the Lands. This Easement is specifically made by Grantor and accepted by Grantee subject to the following terms, covenants, obligations and conditions: 1. Grantee may use and occupy the Easement for the sole purpose of (a) the right to perform Permitted Uses related to the Pipeline System; (b) the right (for men, material, and equipment) of ingress and egress and regress to and from and access on and along said Easement granted herein, with the right to ingress and egress and regress to and from and access on and along said Easement, for the Permitted Uses; and (c) the right to locate the Pipeline System through, over, under, upon, across and within the Easement for the purpose of water transportation. Grantee shall use the Easement for the Permitted Uses and Pipeline System and for no other purposes or uses. Willoughby, Ltd. —Pipeline Easement Agreement EXHIBIT Page ! I 1 A 1I 2. Granted covenants- and, agrees that :its. use of the Easement and its operations conducted thereon. shall, to. the best of Grantee's ability, at all times comply with all applicable state aril federal ,laws, -orders-, rules, regulations, standards, licensing, permitting and -other legal requirements. including, without limitationj all environmental laws, orderg,. ftiles,, regulations, standards, licensing and permitting (the "Leg* Rdqf1ii0fieh&'j'. afid Ofantor'S rules and regtilations as shown on Exhibit C 'attached hereto, pairticu ly,_ but not flinited to,. those; regarding safety, cleanup and, distribution and removal of soil, rock and/or trees. Grantee agrees to construct the Pipeline System,. in compliance with. alt Legal Requirements, and with due- care for Grantor's property,. bbsiness -and operations. Fences:andgates installed. by Grantee shall meet the specifications. described in, - and be installed: as specified in, Exhibit D attached hereto and wMade apart hereof. Orariot.aM Grantee shall each conduct its activities in such a manner as to not unduly interfere with -or cause a disruption to the otheet business, operations and property or those of -other third parties entering or crossing the Easement. Th.the O"tnVit is discovered that Grantee -itin violation of any portion of the Legal Requirements, :GrAntde, agr669 to commence, 'upon receipt of written notice of such violation, the c g -Molation 6 Will be in compliance with process qf ' uri .. uch, so 1h9i _Qrote. this subparagraph.. Upon completion of any construction project that is part of the Pipeline System andupon completion of any record survey, Grantee shall provide a copy to Grantor of the rie'cotd.survey.. shbwjng the location of the .Easement and Pipeline System and all othdr installed assets. on the Grantor's, lands. 3. If Grantee should abandon the Pipeline System, then this Easement and the rights herein granted shall automatically terminate and revert to, and become property of, Grantor, its successors and assigns. Granted may -abandon the Pipeline System solely by a formal resolution of -its governing body that .authorizes the abandonment of the Pipeline System and that further Yesolves: that Lake Alan Henry is no longer necessary as part of Grantees water supply. Any such abandonment will not be effective until it is evidenced by notice in writing, signed by the Grantee's official representative, and filed of record in the county where the Lands .are located. 4. The Easement Term is hereby defined as the period of time beginning with the granting of the Easement and continuing until such time that the Easement is abandoned by Grantee. 5. Grantee shall at all times during the Easement Term, at Grantee's sole cost and expense, keep the Pipeline System in a safe and properly maintained condition. Grantee shall promptly make all necessary or appropriate repairs, replacements and renewals of the Pipeline System, and keep and maintain the Pipeline System in good order, condition, and repair (ordinary wear and tear excepted), and in such condition as may be required by applicable Legal Requirements. Grantee shall keep the Easement in good order, condition and repair following any work related to Permitted Uses on the Pipeline System. Grantee shall bury the pipeline at a depth of at least 36 inches below the surface, Willoughby, Lid—Pipeline5mment Agreement Pop 2 6. Grantee shall be responsible for obtaining all permits necessary' to q6 struc . t. and operate the Pipeline System on the Easement Without limiting ..e the foregoing, andto the.extent required, Grantee will secure and maintain any and all environmental permits required by the Texas Commission on Environmental Quality cb.Veking the. Easement. -Grantee -will provide- Grantor with, a copy of Grantee's environmental p1z' i );� i Grantor perm .if notify Gr r of any proposed changes to 7. Within the Easeniefit, Grantee shall have the right to -cut fences and install gates to enable, Permitted'Us-es for -the Pipeline System. Before a fenceis cut by Grantee, pitshallbe properly supported pneitherside of the contemplated opening by suitablerposts and braces; 8. The- pipdlirid shall... be located .and ,shall be burled at a depth of at least 36 ,inches beloW the 8&f40e of the ground; within tho Easeirfdht Area, so that it does not interfere with gulttvahon, of the at Ike so 'levels As they ;exist at. the time of execution -of this Easement The.,Pipeli.ne System :shall be: so M94e4 or shall be buried at a sufficient depth so it does not interfere with current cultivation- of the -soil at the soil levels as the X Easement: Following completion of .y exist at :time execution bf this' -construction, th'e surface:: area shall be r6ttimod. td jps--preio,'OnAruction condition. as nearly, ,as prgaicalik if any of the -property skull bid. grassland, Oraxitee.,:following completion of construction, shall apply grass .seed i4j.jh a native. mix: from s available seed that is av and 'that is the same. as existing native grass or comparable -to the native. grass in the disturbed area. 9. This grant of Easement shall n6t:preclude the.'right of Grantor to cultivate, use, and enjoy the Lands; including the Easement and Temporary Easement, for any purposes which will not constitute an interference with the Easement, rights and privileges herein granted "to Grantee, or endanger any of Grantee's property. However, the right reserved by Grantor as to. the perpetual Easement shall not include the right to erect any buildings, reservoirs, stiuctures, or other improvements on the perpetual Easement without the- advance written permission. of Grantee. 10. Grantee shall -exercise due care and diligence in the use of the rights and privileges herein granted to it. In case of abandonment of said Easement as provided in Paragraph 3, the title and interest herein -granted shall end, cease, and terminate, and title to the Easement, pipeline, equipment and facilities shall revert to the then owner of the Lands. 11. The grant of Easement herein contained is subject to all valid and subsisting easements, leases including oil, gas and wind energy leases, and rights -of -way of record affecting the Lands. 12. It is a condition precedent to the payment to the Grantor of the sum named herein that the title to the Lands described herein shall be vested in the Grantor, subject only to the interest of Grantee hereunder and to the matters set out in Paragraph 11 hereof Willoughby, Ltd. —Pipeline Easement Agreement Page 3 and to such other defects; interests, or encumbrances as may be waived in writing by Grantee. Grantor shall provide to -Grantee an executed release from any lien holder, tenant, or, lessee prior to payment of the .coinpensation _called for in Paragraph No: 15 hereof. 134 Grantee shall procure and. have recorded without cost to Grantor all assurances of title and affidavits wvhich. the Grantor may be advised by Grantee are necessary and proper to show- in Grantor --title ---sufficient to grant the above easement free and clear of encumbrances other than those encumbrances expressly defined herein. Abstracts or certificates of title .or title insurance may be procured by the Grantee at its expense. The expense: of recording thin Easement shall be borne by Grantee. Grantor agrees to cooperate and aid Grantee;. �if' necessary, to obtain any curative documents needed at no cost to Grantor. 14.. If Grantee, in its -sole discretion, determines that. the Easement conveyed to Grantee and described herein should be acquired by; judicial.procedure; either to. procure a safe title or for any other reason, then Grantor and Grantee: hereby stipulate that the ultimate awardto the Grantor for the Easement conveyed to Grantee and described herein, shallbe. the same as the purchase price heteiiiatfter stated In :Paragraph 16, but should the. Qrantor. -own a lesser interest than that. Easement conveyed to Grantee and described herein, such award shall not exceed that porfion,-of'.the. purchase price stated,in Paragraph 16 !which the valud'of such lesser easement conveyed to Grantee bears to the value of the entire Easement described herein. 15.. As complete consideration for the above grant of easement and for all the rights and privileges granted to the Grantee in this. agreement, Grantee agrees to pay Grantor the one time sum of Thirty Eight Thousand and Sixty and 45/100ths Dollars ($3 8,060.45). 16. "Grantee" when used in this instrument, shall include The City of Lubbock's officers, agents, servants, employees, representatives, contractors, independent contractors, subcontractors, and/or their equipment or vehicles. 17. Words of any gender used in this agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 18, A. To the extent permitted by law, Grantee hereby assumes all liability for, and agrees to indemnify, defend and hold Grantor harmless from all claims, demands, fines, damages, liabilities, losses, costs, expenses (including without limitation reasonable attorneys' fees and court costs), that may be suffered or incurred by Grantor, on account of injuries to or death of any persons, or damage to or destruction of any property, occurring on the Easement after the effective date of this agreement to the extent caused by the acts or omissions of Grantee or its employees, contractors, or agents, Willoughby, Ltd:-Pipdine Easement Agreement Page 4 B: When any losses, claims, demands, or causes of action .of the types describedin Section.A ofthis=paragraph are the result of joint or concurrent negligence or WHIM miscondUc.t.of.Grafitee :or their respective employees, contractors or agents, each party's duty of indemnification will be in proportion to its allocable share of such joint liability to the extent permitted by law, as determined by a court of competent jurisdiction.. C, A dispute related to claims for damages accruing under- the. terms hereof shall. not: be .cause for the. termination of the easement and/or any rights granted hereunder; and Grantor shall be.solely limited to the remedy of actual money damages for such. claims, subject to those limitations contained in Paragraph 26 hereunder. 19, Granted agrees to the extent permitted by law to release, indemnify, defend, and hold Grantor harmless from and against all claims, .losses, damages, costs (including legal costs), expenses and liabilities of whatsoever- nature arising fxom pollution or contamination emanating from the. -pipeline-- System. and .equipment of Grantee arising from or relating to the perforrhani b of this agreement (the "Grantee pollution liabilities"): For the avoidance of doubt- "Grantee pollution. liabilities" shall exclude any such pollution liabilities .arising from. any -condition. existing before the effective date of the Easement. Grantor agrees to release; 'indemnify, defend, and hold .Grantee harmless frorn And against all claims, losses; Aamages,. -costs (including ;Legal costs)., expenses and .liabilities of whatsoever nature arising -,from -(I); pollution emanating from the property and equipment of Grantorr, (II), any coriditiori :existing before the effective date of the Easement, and (III) the possession; occupation or use of the remaining portions of the Grantor's adjacent property:. 24. 'it is understood and agreed that this Easement is not a conveyance of the fee estate for any of the Lands covered hereunder, but is only an easement through, over,. under, upon, across and within the Lands. 21. The provisions of this Easement shall be binding upon and inure to the benefit of the successors and assigns of the respective parties -hereto. 22. This Easement contains the final and complete expression of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Easement may be modified in writing only, signed by the parties in interest at the time of the modification. 23. In case any one or more of the provisions contained in this Easement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Easement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein. 24. Any notices or demands provided to be given herein by the parties shall be in writing and mailed by certified or registered mail to the other party at the address set Willoughby, Ltd.--Pipcline Easement Agreement Page 5 forth above. Any notice or demand shall be deemed to have been:received the earlier of five (5) days after the date of mailing or the date of actual :delivery as:. shown by the addressee's certification or registry receipt. 25. Limitation on certain types of damages. Neither party. shall be liablc to the other patty or any of such party's affiliates in any action or .claim,'including *tliout any limitation, any action or claim for indemnity under paragraphs 19 and 2Q, above, for loss, of profit, loss of product, loss of use, or for indirect, consequential, punitive, exemplary; special or other similar types of damages, regardless of how':caused and -regardless. of the underlying theory of recovery,. and even if caused by the. sole -or- concurrent negligence of the responsible party. 26: Subject to the. other provisions of this. Agreement, Grantor expressly reserves the -right to travel across; :oultivate, lease, ranch, farm and use the Lands for any purpose, except: as linnited herein:. Grantee agrees not to interfere with Grantor's rights to travel across, cultiYate, use,. .lease; ranch; farm and enjoy the Lands for any purpose, except as limited.:he ii� providedthat any such operation or use by Grantor, or Grantor's heirs, successors: or assigns., 'shall -not interfere with or endanger the operations or .integrity of: Grantee's `Pipeline System and Permitted Uses. Additionally, the Grantor will not coi struct any .facilities 'or perform any activities in or around -the Easement grid Lands that. -may -Violate dri federal and state :regulations regarding the protection of liking Water supplies and. facil dt.- that. convey such water. Grantor and Grantee agree and hereby give noti'ce:to.any;s ibsequent-rriirieral, water, rvifxd or energy lessee or grantee of any .interest overlying: or underlying. the Lands owned by Grantor and the Easement, that Grantee will be operating:the. Pipeline System as a Permitted Uses as defined herein, and that no drilling,. mining. or other. operation shall be conducted on or in the vicinity of the Easement and Lands which "would interfere: with or endanger the operations or integrity of the Pipeline System and Permitted Uses. Further,, no structure shall be placed on the Easement, which would interferewith or endanger the operations or integrity of the Pipeline System and..Permitted Uses. A. To the extent that. Grantor- owns any portion of the mineral and/or royalty interest under the.Lands defined: hetein, Grantor, to the extent that it owns and currently holds the right -to surrender and release, surrenders and releases its surface drilling rights and all other'rights of'surface use of the Easement and Lands incident to the production of oil, gas, hydrocarbons, minerals, wind energy, and water production subject to the following exceptionandlimitation: i) Grantor reserves and excepts from this release and retains for itself, its successors and its successors -in -interest, all rights to explore for, to drill and produce oil, gas and other hydrocarbons underlying or situated beneath the Easement and Lands by any means whatsoever, including wells directionally drilled from surface location on nearby lands so long as no surface operations are performed on the Easement and so long as such operations will not interfere with or endanger the operations or integrity of the Pipeline System and Permitted Uses. Willoughby. Ltd —Pipeline Easement Agreement Page 6 ii) Grantor shall. include the surface use restrictions and covenants provided herein in any subsequent lease or conveyance of the oil, gas and/or mineral estate, wind rights or interests and water rights or interests. 27, Grantee shall have the right to approve the location and means of future third -party - pipelines which wall cross Grantee's pipeline systern. Grantee will not withhold reasonable crossing requests, but will act in a manner to protect Grantee's pipeline systew. TO HAVE AND To HOLD said Easement unto Grantee, its successors and assigns for so long as the same shall be used for the purposes aforesaid subject to the tents and. conditions hereof Signatures of the Parties on Next Page ] Willoughby, Ltd. —Pipeline Easement Agreement Page 7 _E7CECUTED this day. of. , 2010 ("Effective Datej. GRANTOR: WILLOUGHBY, LTD,., a Texas Limited Partnetship, by and through S&RW,LLC,-its -General Partner Saltine Wr Fttiderburk,, IVanagel� GRANTEE: The City of Lubbock Name: Vile: [Acknowledgements of the Parties on Next Page] APPROVED AS TO CONTENT: Marsha Reed Chief Operations Officer APPROVED AS TO. FORM: Terry Grantham Attorney Willoughby, Ltd. —Pipeline Easement Agreement Page 8 STATE OF TEXAS § COUNTY-OF.LUBBOCK § Tb-is instrument was acknowledged before me on , 2010, by Saltine W. Funiierburk, in her capacity as Manager'of S&RW, LLC, General Partner of Willoughby, Lid, a Texas Limited Partnership. Notary Public, State of Texas. Printed Name -of Notary My coMinission.'expires: STATE OF TEXAS § COUNTY OF LUBBOCK § This instrument. was..adk9owledged. before' ine on , 2010, by TOM MARTIN on behakf of the City of Lubbock; -a 'Texas Home Rule. Corporation on behalf of said Texas Home Rule .Corporation. Notary Public, State of Printed Name of Notary. My commission expires: Exhibits: "A" - Centerline Metes and Bounds Description of Pipeline System "B" - Survey Plat(s) of Centerline of Pipeline System "C" - Pipeline Right -Of -Way Safety Guidelines "D" - Gate Construction Detail and Specifications Willoughby, Ltd. —Pipeline Easement Agreement Page 9 Exhibit A Metes and Bound§ Description of the.Perpetual Exclusive Easement and ,The Temporary Easement.. Resolution No. 2010-RO428 OCT.05'2009 13:57 80699505.51, GARZA ABSTRACT #5695 P.005/020 EXHIBIT 'A" Page I. OF 3 >PARCI:L NO.21 SAL.E11d'E H. WILLQUGHBY, TRtlME WILLOUGHBY MAii3VAL TKUK Field Notes describing the centeriine of a Sixty -Foot (60') wide permanent pipeline easement` being located In Section 1200, I. & G.N. R.R. Co. Survey and Section 1213, T.T.R.Ft. Co, .Survey, Garza County, Texas and said pipeline centerline being.described as follows; Beginning at a 'h" iron rod with capr set on the East line of Section 121$, forthe Degi,nn! of,this description,. from whence a 8'x8' concrete monument found forthe.East Quarter'corner of Section 1213, bears South 0901`38" West, a.dlstanre,of 363.:19 reef; sold: pol.nt of beglhning haying a project Coordinate of Y = 7151794.91 and X = 1079508.94; T„isnce North 55615'59" West, along .the centedine. of said Sixty-i:oa>; (C0) wide,pefnianent;pipetlne. easement, 'a distance of 132.8.83 feet'to the beginning of a curve to the (eft; Tji enee along the arc of a curve to.the 'left and being the centerline of°:said Sixty- .0ot'(60') wide. permanent pipeline easement, an arc, distance of-158.63 feet t6: point for the end of this Curve, said curve having .a radius of 575.00 feet and a delta :angle of 15°41323"; Th6:,= "::;rth 7i,04'22" Weal, along. tl-;e centerline of 5aiq Si)dy-Fbot:(60') Wide:peimnent pipeline easement, a distance of 276.78 feet to the beginning of a curve to the left; Thence along the arc of a curve to the left and being the centerline of said Sixty -Foot (60' wide permanent pipeline easement, an arc distance of 40.23 feet to a point for the end of this curve, said curve having a radius of 575:00 feet and a delta angle of 4000'30"; Thence North 75°04'52" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 160,03 feet to a point; Thence North 31'26'11" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 105.69 feet to the beginning of a curve to the left; Thence along the arc of a curve to the left and being the centerline of said Sixty -Foot (60') wide permanent pipeline easement, an arc distance of 95.27 feet to a point for the end of this curve, said curve having a radius of 575.00 feet and a delta angle of 962934"; Thence North 40°55'46" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 300.10 feet to the beginning of a curve to the left; Thence along the arc of a curve to the left and being the centerline of said Sixty -Foot (60� wide permanent pipeline easement, an arc distance of 144.16 feet to a point for the end of this curve, said curve +raving a radius of 575.00 feet and a delta angle of 14021'52"; HIGH-TECH LAND AND GPS SURVEYORS) INC. 3330 70th 5t., Suite 2o2 - Lubbock, Texas 79413 (806) 788-0020 - Fax (806) 792-164b OCT-05'2009 13=58 60b4956651 GARZA ABSTRACT #569-5 P.006/020 Exmx'iYr' A- Pagi? , 2 OF-3 Thence North 5511738" West, along the centerline of said Sixty -Foot wide permanent pipeline easement, a distance of 1246.80 feet to the beginning of a curve to the left; Thence along the arc of a curve to the lest and being the centerline of said Sixty -Foot (60' wide permanent pipeline easement, an arc distance of 348.30 feet too point for the.ertd of this curve, said curve having a radius of 575.00 feet and a delta angle of 3404222"•, Thence South 90000'00" West, along the centerline of said Slxty-Foot (60') wide_ permanent pipeline easement, a distance of 736M feet. to the beginning of a curve to the right; Thence along the arc of a curve to the right `and being the centerline ofsaid Sixty -Foot (60') wide permanent pipeline easement, an are distance of 419.6$-feetto a point for the end of this curve, said curve having a radius of 250.00 feet: and a delta_ angle of 96'1i'02 Thence North 6011'02* East; along the centerline of said Sixty -Foot (001, wide. permanent pipeline easement, a• distance of 605.85 heitto the beginning of a curve to the. left; Thence along the,arc of a curve to the left and being thb centerline of said Sixty -Foot (601 wide permanent pipeline easement, an arc_distance of 283.27 feet to a point for the end of -this curve, said curve having a radius of 575.00 feet and a delta angle of 28,1313711; 'thence North 22002135" West, along the centerline of said Sixty=l'bot (60') wide permanent pipeline easement, a distance of 35.53 feet to a point; Thence North 5702447" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 49.24 feet to the beginning of a curve to the right; Thence along the arc of a curve to the right and being the centerline of said Sixty -Foot (601) wide permanent pipeline easement, an arc distance of 326.43 feet to a point for the end of this curve, said curve having a radius of 575.00 feet and a delta angle of 32°31'36"; Thence North 24053'10" West, along the centerline of said Sixty -Foot (601) wide permanent pipeline easement, a distance of 21.09 feet to a point; Thence North 37058'56" West, along the centerline of said Sixty -Foot (60') wide permanent pipeline easement, a distance of 65.35 feet to the beginning of a curve to the left; Thence along the arc of a curve to the left and being the centerline of said Sixty -Foot (60') wide permanent pipeline easement, an arc distance of 197.72 feet to a point for the end of this curve, said curve having a radius of 575.00 feet and a delta angle of 19'4Y07"; Thence North 57041'03" West, along the centerline of said Sixty -Foot (60� wide permanent pipeline easement, a distance of 129.59 feet to the beginning of a curve to the left; HIGH-TECH LAND AND GPS SURVEYORS, INC. 333D 7M SL, Suite 202 - Lubbock, Texas 79413 (806) 788-0020 - Fax (806) 792-1646 OCT.05'2009 13:58 06495.0551 GARM ABSTRACT. i15695 P.007/0.20 Page -A QV 3 Thence along the arc of a curve to. the left"and being the centerline of:sa d Sixty -Foot ,(600 wide permanent pipeline easement, :an_ arc distance of 313.19 feet to a point foi• the- end ;of this curve and the end of this descrlption;: Bald curve having a radius of 575.066 feet and a detta .angle of '31°122V, whence a 4"x4" concrete rno.nurrtent Mund for'the Southwest comer -of Section 1200; .bears South 0000'39p West, a distance, of 1733.97 feet. Containing 447.77 rods: (16,18 acres) - The above described sbdf foot 1(60J wide per manent pipeline easement is also subject to a. sixty'foot (60) wide temporary construction:aOerherit being_ parallel and adjacent:to said permanent pipeline. easement, located and shown on .the accdmi)Anying survey plat and said temporary Constructipn easement contains 10.17-acres- of lend. The said ternpo'tary construction easement shall expire as noted in the easement agreemerit. Notes: 1. A survey plat of even -survey. date herewith. aocompanles this legal tlescriAtion, 2. Surveyed on the ground,Mareh-may ,2009: 3. Bearings shown are'orid' bearings- based 'on the Texas State Plane Coordinate System,Texas North Central Zone, Nad83 Datum. 4. All dlstante shown are' surface. distances. 5. Surface adjustment factor for:ent re project is 1,0002396 Registered P Asslonal Land Surveyorr>?g:;';•�" 'ram F Lr'r.' Q Date: INAW HIGH-TECH LAND AND GPS SURVEYORS, INC. 3330 70th St., Suite 202 - Lubbock, Texas 79413 (806) 798-0020 - Fax (806) 792-1646 EitbibitB 'Survey Plaf(s) of Centerline- and Descriptioxi of thatportion of the; Pipeline System. T Reqviring the Easement and TempQTary Pasemen OCT-05'20-0-9 13-57 0064950554 GA79ZA ABSTRAGT EXHIBIT "B. 11 120.1 1204 k� - -A- 1206 1-D. C:GNC. Motj t, —209 Sul&* H. W111&Vh* Trusme WT/ft*w Vortrol Trust 0 W Va228.pp-725 66611 ON 1200 WO-W 1?01x:h N. K. K. GO. 6UKV>-Y V a, 4" is t4 100 Ac. 1209 2 1 4 go. MON. cotc, 12 Edymcd 71 Ip 7CD 4_ N - enty criswou & wire 4 06 9 0. VP1 111,P9.337 a 0 Vol, 1.54 P9.190.9 2 Vo/. 146 Pg, I Ln, 'n LAJ CA 66,G*r 1 ON 1213 R.D.B. K. K CIO SURVEY UK .77 O r C MON1 "'o --FD, I" SO. I USE G I FT-55-15--'D Be ^ 2 Ta �-ot RWS - Perflialwe 11 i 647 N 75- 5 N- -- 6 N 31*20Y 1211 — 8+ 92-0:-W, 1 1215 A legolthscription of even survcy dote herewith arcompnnies I his survey plot, �Iur, I �1�12W� Suf7ton the grourio n-M Y, 2 09 q.- Reglistered PrW'sionnill-and Svrveyor.."i" Doter AllNorth;ngs orid Eastings shown ore F.iR and rno Cy he convLriod to Tvx05 Sto e�, ...IQ North CnitolZoriu.NA083 by dividing b§-'�.-, adjustment loctor of 7.0002.596 Alldistotices --,hcTwn ore surface disionce-j. Dearingt; shown arc q,_ridheonnge booed on the TexaN Stote Plone Coordin e lysteni, North Central Zone, NAD83 Datum. T14:; sLryty and p1linforritrition hereon is for the erclusive use of CITY OF LUBBOCK and shollnot be copied or use-cl except for the propose f(u which it it, expre-jwly IwAshed. this 4towing and ollcopies tporlialor 1\— compleW shoutip returned 10 the owner upon dernnnd. 1 _ Resolution No. 2010—RO428 #5695 P-.0ot/020 0 211-- W E 9, Set 1/2" 'Iron rod witti too SEMI NT - —' 'FAT -A A; I!F&70--2V- WW' =0.2 :bELTA- i.�o =.�4 4 �T�t�Cf —A: • .O'UkTA-L�,4 21 -WDELI A-96 - It =qQ7751-7 AW 2 —R- I3'J f 'I_ D ? 6X �3' TL�TK--7 '171 3 Lit I 7.72�LX =J -SI PLAT PATE, 4 -16- 09 R - GIT Y OF LUSHOCK SURVEYED UY: J.M. MAN I IN CHLCKEL) iJy-' G. WILSON FILE: PAR2),dqn ITILE NO. 3570 1 SHEET I OF 4 NWM-10 ve V WS 9"MX 3W 701h ST., SM 202 - LUMMM It. 71WU 1WP78e1=0 - PAX tm) 792.1345 Resolution No. 2010—R0428 Exhibit C PIPELINE EASEMj3-N.T SAFETY- GUIDELINES So -long as- the Easement is in effect, Grantee, personnel. shall comply "with the following safety and security regulations for thq pipeline Easement :(the "Easement"), as: well as applicable laws and -regulations: I Except during construction, operation, inspection, or -maintenafice of the Easement, Driving -orithd Easement is limited to use of currently established roadways, if any,. 2. Permission on the Easement does not preclude the need to make -a one=call to notify third - party pipeline owners. of planned work. I Smoking outside- vehicleswithin the- Easerlient orlands ofprernises is prohibited. 4, No firearms, drugs., alcohol. or. cameras are permitted in the Easement. 6-.. Pedestrians Andnofi;motorized ir-Affiebas right-of-way ov.��rnibtorized traffic The.mazimum speed firiniviktwenty(20) miles per hour; however, muchsl'bWer. speeds copge5ted. areas. S. "Use horn for safety at bMid comers and ssin g-, 9. 'Vsqestdbli0hed.hand signmls�or-,jurfi.i icat6rs 10 :Observeall:signs,ih -ludin&P - ea jp .,np markers, IL Come to tomplete.stpp* 04'enietin :orleaving.the Easement gates: 12. A-11 persons entering: the Easement must be fully clothed. 113. Grantee and personnel of Grantee are granted the fight to temporarily use Grantor's property directly -located outside of the Easement for such reasons as: a) avoidance of machinery, construction or equipment located on the Easement; and b) detouring around natural impediments such as rocks, trees or existing fences or structures; and c) repair, removal or maintenance of equipment or vehicles stranded on the Easement. 14. No debris or trash shall be discarded on the Easement. Exhibit D Gate Construction Detail and Specifications Resolution No. 2010-RG428 _ � .'.'+,S .. R . - w.r+,.wr-r.�+""'"e�'�^+.*s.u..•......�.�„�.,.`..wr�..w..,+—.na,��r,N�+r+. Qlhe,. a_a 67F..`�- 3" COL'LAP 1. OATES TO SE -INSTALLED AY ALL FENCE CROSSINGS, UNLESS 2" SCH., 40' PIPE -- _ OTHERWISE 'DIRECTED BY THE DWNER. -- 2. ALL STEEL GATES, POSTS, CROSS NRACES, ETC., SHALL BE PAINTED -r---"L�--h r '•:-�- 1•-•II -, 4 -- BLUE. 3. PROVIDE I" LINK CHAIN AROUND CATE AND WELD TO SUPPORT .. �— POST. PROVIDE ONE HEAVY DUTY LOCK PER GATE KEYED PER =1V %i,. AO PIPE_ - I I '- OWNER'S LOCKS. ' -� - 4. CONTRACTOR SHALL VERIFY EXACT LOCATION OF ALL GATES WITH ` ' ' -- OWNER PRIOR TO CONSTRUCTION; +- -- S. BARBED WIRE SHALL BE 12JJ GA. GALVANIZED BARBED VARE. ' W WSSET PLAX MINIMUMS STRANO FENCE OR AS PER EXISTING FENCE, W4IICHEvER s WELO. ALL AROUND IS GREATER. WHERE EXISTING FENCE HAS PANEL FABRIC, INSTALL jjj ' TYPICAL 39" PANEL FABRIC WITH 3 STRAND BARBED WIRE, 47" PANEL y SCH 1 ?" SCH. 40 PIPE r FABRIC WITH T STRAND BARBED "RE MINIMUM OR AS PF,R EXISTING, 10 .PIPE 1 WHICHEVER IS GREATER. i i 18" DI& .HOLE (TYP•) 6. CONTRACTOR SHALL INSTALL EXTERIOR FENCE SUPPORTS AND CONCRETE J I 111 CONNECT TO EXISTING FENCE. PRIOR TO CUTTING EXISTING FENCE. 7. DIMENSIONS SHOWN ARE FOR FENCES CROSSING AT PERPENDICULAR ' NO7E: ALL CONNECTIONS ARE ANGLE 70 PIPELINE, WHERE FENCE CROSSES PIPELINE AT SKEWED - WELDED AL'L AROUND. ANGL'F, DIMENSIONS SHALL BE INCREASED ACCORDINGLY, _GATE_ DETAIL SCALE., Ifg,, i�-O' 9 44 W 1,1M 1YEL0 1H" DIA. 70 GATE FRAAi[ POU ('TYPO T"-I,GNG ON r C�T V..Au; W? ',-O7