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Riverchase(3)-CS 850816 XPLORER PIPELINE comPanY August 16, 1985 Gary V. Shaw MANAGER*RIGHT OF WAY SAFETY & TRAINING Nathan D. Maier Consulting Engineers, Inc. Three North Park 8800 N. Central Expressway, Dallas, TX 75231 Suite 300 Re: Proposed Water Line McArthur Boulevard Improvements Dallas County, TX M.P 46.0 Gentlemen: In response to your request for approval to install a water line across Explorer Pipeline Company's 12 inch pipeline, permission is hereby granted only insofar as Explorer has the right, title and interest to grant such permission, subject to the following terms and conditions: Explorer's District office shall be given written notice at least 48 hours in advance of any construction contemplated in order that a representative of Explorer may be present. Please contact Explorer's representative at the office indicated below: Mr. E. E. Bond, District Super. Mr. S. L. Irwin, Sr. Cor. Explorer Pipeline Co. Explorer Pipeline Co. Route 1, Box 354 P.O. Box 2650 Caddo Mills, TX 75005 Tulsa, OK 74101 Eng. Telephone: 214/527-3151 Telephone: 918/743-5393 You hereby agree to assume the risk of, and shall protect, in- demnify and save harmless Explorer from and against all liability for or on account of, injury to or death of persons or damage to property, including livestock killed or injured, resulting from your operations, except where such injury, death, or damage shall be caused by the sole negligence of Explorer, its agents, servants, or employees or otherwise. ¸3. In the event your proposed facility endangers and/or interferes with Explorer's pipeline, you agree to take the necessary action, at your sole cost and expense, to eliminate any such condition. Page 4. You shall not permit heavy equipment to Work Over Explo~er,s pipeline, and any machine ditching shall not be closer than 15 feet to Explorer's pipeline without prior approval of Explorer's field representative. 5. Your facility shall be constructed at least 12 inches above/below Explorer,s pipeline. This depth shall be maintained the full width of Explorer's right of way. If Explorer's representative deems it necessary, cathodic protection test leads shall be installed at your sole cost and expense between your facility and Explorer's pipeline at the point of crossing when your installation is made and in the presence of Explorer,s representative. 6. After your proposed facility has been completed,' three copies of your as-built plats shall be forwarded to this office. 7. This written permission may not be assigned by you without the prior written consent of Explorer. Please signify acceptance of these terms and conditions by having an authorized official of your company affix his signature in the space provided below and return one copy for our file. jes cc: R. E.. Sands J. B. Benear S. L. Irwin E. E. Bond Yours very truly, EXP~ER PIPELINE-COMPANY Gary V-. Shaw, Manager Right of Way Department ACCEPTED AND AGREED TO THIS By:. Title: -- DAY OF · 1985.