Filed 2116:9016 4:57:06 PM Jo Ann Salgado. District Clerk Brewster County, Texas Alicia Mediano CAUSE N0. 30/6 #639? 803/ TRANS-PECOS PIPELINE, LLC, EMINENT DOMAIN PROCEEDING Plainti?; 2 vs. BREWSTER COUNTY, TEXAS ROY THOMAS MCBRIDE, Defendant. 394'? JUDICIAL DISTRICT ORIGINAL STATENIENT AND PETITION FOR CONDEMNATION TO HONORABLE JUDGE OF SAID COURT: Trans-Pecos Pipeline, LLC (Trans-Pecos?) ?les this Original Statement and Petition for Condemnation against Roy Thomas McBride (?Defendant?) and shows the Court as follows: DISCOVERY PLAN AND RELIEF SOUGHT I. Discovery in this proceeding is intended under ?Level 3" of Rule 190 of the Texas Rules of Civil Procedure. Trans-Pecos seeks monetary relief of $100,000 or less and non-monetary relief. The damages and relief sought are within the jurisdictional limits of the Court. Texas Rule of Civil Procedure 169 regarding expedited actions process does not apply to this suit. TEX. R. CIV. PROC. 169(2). PARTIES 2. Plaintiff, Trans-Pecos, is a Texas limited liability company, and is authorized to transact business in the State of Texas. 3. Defendant Roy Thomas McBride may be served with Notice of Hearing at P.O. Box 725, Alpine, TX 79831, or 26690 Pine Oak Rd, Ochopee, FL 34141, or wherever he may be found. 4. Defendant is the owner of or possesses or claims some interest in or title to the tracts of land more particularly described on Exhibits and attached hereto and made a part hereof (the ?Property?). 5. Trans-Pecos reserves the right to add the name or names of any additional parties who may subsequently appear to possess an interest in the Property. JURISDICTION 6. This Court has jurisdiction over this lawsuit under Texas Property Code ?21.001. VENUE 7. Venue of this action is mandatory in this County, pursuant to Texas Property Code ?21 .013. NECESSITY T0 ACQUIRE EASEMENTS RIGHTS-OF-WAY 8. Trans-Pecos is in the process of locating and constructing a new natural gas pipeline, approximately 148-miles, originating at the existing Waha Hub, outside Fort Stockton, Texas, for the transportation, conveyance, distribution or delivery of natural gas, known as the Waha to Ojinaga pipeline project (the ?Pipeline?), on, over, across and through Pecos, Brewster and Presidio Counties, Texas (the ?Traversed Counties?). The Pipeline will be operated by Energy Transfer Company and will transport, convey, distribute or deliver natural gas for public use or service for compensation, for sale to persons engaged in distributing or selling natural gas to the public, for sale of delivery to the public for domestic use and for which right-of-way may hereafter be acquired by exercising the right of eminent domain. The Pipeline will receive and gather natural gas from oil and/or gas wells owned by third party producers in various oil and gas ?elds in counties traversed by the System and/or 2 received from other pipelines which, from time to time, may be connected to the Pipeline and from which natural gas will be received into the Pipeline for transport through the Pipeline. All natural gas entering the Pipeline will be transported within the Pipeline to one or more points of redelivery. Shippers will pay Trans-Pecos a fee for transportation in the Pipeline. 9. On March 12, 2015, LaGrange Acquisition, LP. (the ?Company?), being the Sole Member of Trans-Pecos, by Unanimous Written Consent of the Sole Member of Trans- Pecos (the ?Consent?), found that public convenience and necessity required and that it is necessary and in the public hiterest that Trans-Pecos acquire, hold and enjoy, by purchase or condemnation, permanent easements and rights-of?way, and temporary construction easements, on, in, over, under, through and across certain lands in Pecos, Brewster and Presidio Counties, Texas, for the location, construction, operation and maintenance of the Pipeline, and that in the event negotiations to acquire the permanent easements and rights-of-way, and temporary construction easements, on, in, over, under, through or across the necessary tracts of land are unsuccessful, Trans-Pecos is authorized to institute and ?le or cause to be ?led and instituted condemnation proceedings to acquire for Tran-Pecos said permanent easements and rights-of- way, and temporary construction easements for the public purpose. 10. Trans-Pecos is a gas utility under the Texas Utilities Code and the Texas Natural Resources Code, and, as such, has the right and power to enter on, condemn and appropriate land, rights-of-way, easements or other property as may be necessary for the natural gas pipeline system, in accordance with applicable Texas laws and regulations. On January 19, 2015, ETC, on behalf of Trans-Pecos, ?led its Application for Permit to Operate a Pipeline in Texas (Form ?Application?), with the Railroad Commission of Texas (the declaring, under penalties prescribed in the Natural Resources Code, that the Pipeline would be 3 operated as an intrastate gas utility for the transportation of natural gas owned by others but transported for a fee. On April 6, 2015, the RRC certi?ed that ETC complied with RC rules and granted ETC Permit to Operate a Pipeline in Texas Permit No. 09352 (Form T-4A) (the ?Permit?). By granting the Permit, the RRC has found and determined that operations of the Pipeline constitute those of a gas company pursuant to the Texas Utility Code. Trans-Pecos is subject to regulation as a gas utility and the purpose of the Pipeline is that of a gas utility pipeline. Trans-Pecos has ?led or will timer ?le its acceptance of the Texas Gas Utility Standards, Filing of Utility Annual Reports T.A.C. Rule 7.301; Adoption of a Curtailment Plan pursuant to Docket No. 489 T.A.C. Rule 7.305; Adoption of the FERC Uniform System of Accounts Rule 7.310; Filing of Tariffs T.A.C. Rule 7.315; and Payment of Gas Utility Taxes T.A.C. Rule 7.351. EASEMENTS AND RIGHTS-OF-WAY SOUGHT A. Pipeline Permanent Easement ll. Trans-Pecos is acquiring through this proceeding a permanent right-of?way and easement that is ?fty feet wide, being twenty-?ve feet wide on either side of the centerline description, as more particularly described on Exhibit and depicted on Exhibit attached hereto and made a part hereof (collectively, the ?Permanent Easement?), on, in, over, under, through and across the Property to survey, clear and excavate along a route and to establish, lay, construct, reconstruct, realign, operate, maintain, inspect, test, repair, alter, change the size of, protect, remove, replace and abandon in place the Pipeline and appurtenant facilities, including, but not limited to, below ground ?ber optics cable(s), below ground cathodic protection cables, below ground valves, below ground conduits and other below ground equipment and devices as are necessary for the operation and maintenance of the 4 Pipeline, as well as above ground vents, where required at any road crossings, and pipeline markers and cathodic protection test leads, which will be placed within the Permanent Easement at road crossings, foreign pipeline or utility crossings, property boundaries or existing fence lines intersected by the Pipeline, unless required by applicable Department of Transportation regulations to be placed at other locations within the Permanent Easement. B. Pipeline Temporary Workspace Easement 12. Trans-Pecos is also acquiring through this proceeding a temporary workspace easement (identi?ed as ?Temp. Workspace or and ?Temp. Workspace or as depicted on Exhibit attached hereto and made a part hereof (collectively, the ?Temporary Workspace Easement?) in order to construct the Pipeline and any appurtenant facilities on, in, over, under, through and across the Permanent Basement and to restore the Property as provided herein. The term of the Temporary Workspace Easement shall not exceed twenty?four (24) months ?'om the date Trans-Pecos is granted possession of the Temporary Workspace Easement (the ?Initial Construction Period?). The Permanent Basement and the Temporary Workspace Easement are referred to collectively herein as the ?Easements.? All rights, duties and obligations speci?ed herein with respect to the Temporary Workspace Easement shall apply only while some is in c?ect. C. he terms and conditions of the Easements 13. Trans-Pecos shall have the right to select the exact location for the Pipeline within the Permanent Easement. Trans-Pecos shall also have the right to construct, maintain and change slopes of cuts and ?lls to ensure proper lateral and subj acent support and drainage for the Pipeline and appurtenant facilities. l4. Notwithstanding anything herein to the contrary, Trans?Pecos will not construct, build, install, maintain or have any above ground structures, installations, equipment or apparatus of any kind on or within the boundaries of the Permanent Easement, except for ground vents, where required at any road crossings, and pipeline markers and cathodic protection test leads, which will be placed within the Permanent Easement at road crossings, foreign pipeline or utility crossings, property boundaries or existing fence lines intersected by the Pipeline, unless required by applicable Department of Transportation regulations to be placed at other locations within the Permanent Easement 15. No pipeline or permanent facility of any kind or character will be constructed on the Temporary Workspace Easement. 16. Trans-Pecos, from time to time and as often as necessary, shall have the right of ingress and egress over, along, and across the Easements (the Temporary Workspace Easement only during the Initial Construction Period) and to access the Easements where same intersect any public road or public rights-of-way or other easement which Trans-Pecos has the right to access for any and all purposes necessary and/or incident to the exercise by Trans-Pecos of the rights acquired herein. 17. Trans-Pecos shall have the right to remove any fence that now crosses or may cross the Easements during initial construction of the Pipeline or thereafter. Prior to cutting any fence, however, Trans-Pecos shall brace the existing fence to be cut adequately on both sides of the pr0posed cut by suitable H-braces to prevent the remainder of the fence from sagging. wire?is cut, slackening of or damage to the wire. Trans-Pecos shall install wire gaps (of the same height as the surromding fence) at the location where any fence was cut, each wire gap to be reinforced so as to 6 be strong enough to prevent livestock from passing through same. Upon completion of mush-action or operations thereafter, each wire gap will be removed and Trans-Pecos shall replace the fence or install and maintain a permanent gate; which fence or gate shall, to the extent reasonably practicable, be constructed out of similar or better quality materials than existing fences and gates on the property. Defendant may install his own lock in any chain installed to keep a gate closed. Trans-Pecos and its designated contractors, employees and invitees agree to keep all gates and fences closed and locked at all times, except when passing through same, so that cattle, horses and/or other livestock located on the remainder portion of the Property cannot stray from the fenced pastures and unauthorized persons cannot pass through same. Trans? Pecos shall have no right to fence or enclose the Easements. 18. Trans-Pecos shall have the right to mow the Easements and to trim, cut down or clear from the Easements (the Temporary Workspace Easement only during the Initial Construction Period) all trees, shrubberyg undergrowth, and any other obstructions that may injure, endanger, interfere with or impair the Pipeline and associated equipment and appurtenances or Trans-Pecos? use of the Easements for the purposes provided herein. Trans- Pecos shall dispose of all brush and debris, if any, cleared ?'om the Easements by burning, chipping into less than four (4) inch chips, andfor removing to an authorized disposal site. The method of diaposal shall be selected by Trans-Pecos. 19. Following the construction of the Pipeline and other operations on the Easements, Trans-Pecos will, insofar as reasonably practicable, level, re-grade, and reseed (with the same type of grass that existed on the Basements before Trans-Pecos? use of same) the ground disturbed by its use of the Easements and will restore any existing fences, gates, cattle guards and roads within the Meets to at least the condition of same prior to Trans- 7 Pecos? entry upon said Easements. After the Initial Construction Period, Trans-Pecos shall pay any damages that may arise to growing crops, timber, fences and other improvements from the construction, maintenance and operation of the Pipeline, provided that Trans-Pecos shall not be responsible for paying damages for its removal of any trees or brush (other than growing crops) from the Permanent Easement as part of its routine operations to maintain the Easements free ?'om obstructions. 20. During the Initial Construction Period, Trans-Pecos shall segregate the topsoil from the surface of the Easements so that the topsoil will be separated from the sub soils. In back?lling after installation of the Pipeline, the topsoil ?rst removed shall be used as cover soil in such a manner so as to result in it being returned to the t0p of the Easements as topsoil. 21. Trans-Pecos will maintain the Easements (the Temporary Workspace Easement only during the Initial Construction Period) clear of all litter and trash during periods of construction, operation, maintenance, repair or removal. All construction debris shall be cleaned up and removed upon completion of the installation and construction of the Pipeline or any subsequent activities by Trans-Pecos on the Easements. 22. Trans-Pecos shall, during the Initial Construction Period, maintain suitable crossings on, over, and across the Permanent Easement. 23. Trans-Pecos shall comply in all respects, at its sole cost, with all federal, state, and local laws, rules, and regulations which are applicable to Trans-Pecos? activities on the Easements, including, without limitation, the construction, use, operation, maintenance, repair and service of the Pipeline and associated equipment and appurtenances. 24. Trans-Pecos, its successors and assigns, shall indemnify and hold harmless Defendant, and Defendant?s heirs, executors, administrators, successors and assigns, from and 8 against all liability, claims, suits, causes of action, costs and expenses of whatsoever nature (including reasonable attorneys? fees) caused by or arising out of operations pursuant to the Easements by Trans-Pecos, its successom and assigns, and their respective representatives and contractors. 25. Trans-Pecos shall have the right to prevent the construction by Defendant within the boundaries of the Easements (the Temporary Workspace Easement only during the Initial Construction Period), and the right to remove there?om, any and all types and sizes of houses, barns, buildings, structures, permanent impoundments of water, and natural or man-made obstructions that, in the sole judgment of Trans-Pecos, may endanger or interfere with the ef?ciency, safety, or convenient operation and maintenance of the Pipeline and associated equipment and appurtenances. 26. Notwithstanding anything herein to the contrary, Defendant and Defendant?s heirs, successors and assigns shall have the right, after review and approval by Trans-Pecos, to construct, reconstruct or maintain streets, roads or drives, road ditches, drainage ditches, and utilities, at any angle of not less than forty-?ve (45) degrees to Trans-Pecos? Pipeline over and across the Permanent Easement, at such place or places as Defendant may ?'om time to time hereafter select for public or private use, provided that all of Trans-Pecos? required and applicable spacings, including depth separation limits and other protective requirements are met by Defendant. Defendant may use the Permanent Easement for any and all purposes not inconsistent with the purposes set forth herein and may plow, cultivate and farm the Permanent Easement without notice to or the consent of Trans-Pecos, provided that said operations do not disturb the Permanent Easement to a subsurface depth below sixteen?inches ?om the ground surface. 27. Trans-Pecos shall bury the Pipeline and below?ground appurtenant facilities, including, but not limited to, below ground ?ber optics cable(s), a minimum depth of forty- eight inches below the surface of the ground and any then existing drainage ditches, creeks and roads, except at those locations where solid rock is encountered, where same may be buried at a lesser depth but not less than a minimum depth of twenty-four inches below the surface of the ground. Such depth shall be measured from the top of the pipe or conduit to the surface of the ground or the bottom of any drainage ditches, creeks and roads, as applicable. 28. Defendant shall retain all the oil, gas and other minerals in, on and under the Easements; provided, however, that Defendant will not be permitted to drill or operate equipment or develop the minerals on the surface of the Basements, but will be permitted to extract the oil and other minerals from and under the Easements by directional drilling and other means, so long as such activities do not damage the Pipeline and associated equipment and appurtenances or interfere with Trans-Pecos? use of the Easements. 29. Trans-Pecos shall use the Easements solely for the purposes speci?ed herein. There shall be no hunting or ?shing on the Easements or any of Defendant?s lands by Trans- Pecos, its of?cers, agents, employees, contractors, invitees, guests or representatives at any time. No ?rearms or ?shing equipment shall be taken on the Basements by Trans-Pecos its of?cers, agents, employees, contractors, invitees, guests or representatives at any time. 30. To the extent permitted by law, Trans-Pecos is acquiring herein the right to assign the Basements in whole or in part. The Pipeline will be utilized by Trans-Pecos and its successors or assigns as a gas utility pipeline. 31. Defendant or Defendant?s heirs, successors or assigns may be entitled to repurchase the Easements at the price paid to the Defendant by Trans-Pecos at the time Trans- 10 Pecos acquires the Easements by this proceeding, and request from Trans-Pecos information relating to the use of the Easements and actual progress made toward that use, as provided in Title 4, Chapter 21, Subchapter of the Texas Property Code. 32. Trans-Pecos timely provided the landowner?s bill of rights statement in accordance and compliance with 21.0112 of the Texas Property Code and made a bona ?de offer to acquire the Easements as provided by 21.0113 of the Texas Property Code. Trans- Pecos, however, has been unable to agree on the damages andfor reach an agreement for the acquisition of the Easements and associated rights described herein, and any further negotiations to purchase and/or reach an agreement for the acquisition of same would be futile. WHEREFORE, PREMISES CONSIDERED, TRANS-PECOS PIPELINE, LLC prays that: the Court appoint three disinterested real property owners who reside in this County as Special Commissioners and appoint two disinterested real property owners who reside in this County as alternate Special Commissioners; (2) that the Commissioners set a time and place for hearing; (3) that the Commissioners assess the actual damages, if any, from the condemnation action; (4) that the Court grant TRANS-PECOS PIPELINE, LLC a Writ of Possession to enforce the decision of the Special Commissioners; (S) that the Court enter judgment vesting TRANS-PECOS PIPELINE, LLC with the property rights sought in this condemnation action; and (6) that the Court award TRANS-PECOS PIPELINE, LLC its cost of suit, and any other relief, both general and special, legal and equitable, to which TRANS- PECOS PIPELINE, LLC may be entitled. ll Respect??ly submitted, ZABEL FREEMAN A. ta Bar 0.22235 0 61(33 a om amcs Fr Stats 0796580 i?'eem ,z?aw?rm.com Victoria A. Whitclaw State Bar No. 24093355 1135 Heights Blvd. Houston, Texas 77008 (713) 802-9117 (713) 802-9114 (Fax) SANDEFUR LAW OFFICE Christopher M. Sande?lr State Bar No. 24013454 Sandcfur Law Of?ce 213 East Holland Avenue Alpine, TX 79830 Tel: (432) 837-9555 Fax: (432) 837-9554 ATTORNEYS FOR PLAINTIFF, TRANS-PECOS PIPELINE, LLC 12 mm Winn mm Cont-rink?. ammonium PMd?nhcnanmMnofaMymm ?Pun-mummh?ml? WdX-mY-m (El-1.1 (WEAK), hurl. m?i'ZT?'madhumde Mmdm?hnufugormnads. 111bth Wuhmmtodepm I AI Mfmmanon?aemnd?lld ma?a: Shut}.on ?mm? mm" mm a mm a. atNTY, TEXAS BREWSTER COU man no. 35315? manna I MM. Hatch Mott PROPOSED 42" PIPEUNE BREWSTER WNW. TRANS PEGOS PIPELINE. LLC CA use NUMBER (For CLERK use 0M. 19: CIVIL CASE INFORMATION SHEET 51-yng Pipeline, LLC v. Roy Thomas McBride A civil case information sheet heal lh case or when post-jud the time of?ling COURT (FOR CLERK use ow. John Smith v. All American Insurance Co; In re Mary Ann Jones; In the Matter ol'the Estate offreorgc Jackson) must be completed and submitted when an original petition or application is ?led to initiate a new civil. law. probate, or mental petition for modi?cation or motion for enforcement is ?led in a family law case The information should be the best available at I. Contact intimation for person completing one information sheet: homes ot?partles in case: Person or entity completing sheet is: Name. Victoria Whitelaw Address: I 35 Heights Boulevard l-loustoanDO?OOS St ure: Email: twhitelawf?g?an?t?tnncom Trans-Pecos Pipeline. I.I.C Telephone: 713-8019] l7 Fax: 713-8024? I4 EAltorney 1' or PlaintillZ-?l?ctitioncr Se Plaintif??Petitioner D'I'itle lV-l) Agency DOlher: Additional Parties in Child Support Case: State Bar No; 24093355 Defendantls YR cs pond colts Custodial Parent: NmCustoditd Patent: Presumed Father: [Attach page as mastery to list Ill pot-ties! 2. Indicate ease type, or identify the most important issue in the me (select out! I): Civil Family Law Post- judgment Actions Contract Injury or Damage Real Property Marriage Relations hip (non-Title Debt-Contract DAssatrlUBattery El?rninent Domain:r UAnnulment UConsumerr?D'l?PA DConstruction Condemnation UDeclnre Marriage Void [:IModi?crttion?Custody UDebL?Contract {:IDefamation DPanition Divorce Dhtodi?catiorr?Other DFraud-Misrepresentotion Mal metice CIQuiet Title DWith Children Tim DOther Debtr?Contract: Accounting CITrespass to Try Title DNO Children Dl'gnforccme?modmcalim DLegol D01her Property: [jpmemny Foreclosure DMedIcal DReciprmals ?Ulpsm Ullome Equiq?Expeditcd DOLher Profmsronal Dsuppon Order Ember Foreclosure Liability: bu Related to Crlminal Drnsumc 1:]me Whig: [fetidwl Matters Other Family Law Parent-Child Relationship Umdlomncnam Dfixpunction Diin force Foreign DAdoplioniAdoptton with Product Liability DJUdglnent Ntsi Judgment Termination Dl?artnership Union-Disclosure Ul-labens Corpus [jC?hild Protection UOIher Contract; DOther Product Liability UselZWC/F?ffeilur? Cha?g? UChild List product; DWrit ofllobeas Corpusw DProtectit'e Order DCuslody or Visitation u? Pro-indictment ?Removal of Di snbilitics DGestational Parenting Doom Injury or Damagc; DOther: _q of Minorin DGrandpruent Access DOther: DParentoger?Potemily win-?w Termination of Parental - . RI his employment I I Other Citil I I Gouger ann?cml?i- Appeal Dino-yer Discipline Uttctoliation UAntitr-ust?llnfuir Ell-'erpetuatc Testimony m? CI'l'crminution Competition USecuritieSIStock DWorkers? Compensation ?Code Violations EITortious Interference UOther Employment: DFore-ign Judgment Ballet: Property Tn Probate a! Mental Health D'l?ax Appraisal Probate/H?i?s/lntestate Administration DGuardianshipv?Adult [j'l'ait Delinquency DDepcndenl Administration EIGuardtanship-?Minor DOther Trot Ulndependent Administration Health DOther Estate Proceedings [lather 3. Indicate procedure or remedy, "applicable (may sated more than I): DAppcal from Municipal or Justice Court Elkclaratory Judgment UPrejudgment Remedy DProtective Order DReceiver of Review EILicense Dchuestration DCeniomri UMnndamus Temporary Restraining Order-"Injunction DC lass Action DPost-judgment U?rumover 4. Indicate damage-s sought (do transfer-r {fit is afar-nit} law case): DLess than ?00,000, including damages of any kind, penalties, costs. expenses, pre E1355 than l00,000 and non-monetary relief Clem $100,000 but not more than $209,000 Clot-n $200,000 but not more than $1,000,000 UOt-er -judgment interest, and attorney fees Rev 2/13