Case 19-34698 Document 594 Filed in TXSB on 06/26/20 Page ...€¦ · Debtors HANCOCK MECHANICAL, LP, et al. v. Claimant's Notes Claimant's Exhibit No. 1 2 3 Month: June 2018 Yes:

DebtorsHANCOCK MECHANICAL, LP, et al.

v.

Claimant's Notes Claimant's Exhibit No.

1

2

3

Month: June 2018

Yes: __X____ Exhs. 1, 1-A, 1-B

No: ______

Yes: __X____

No: ______

Notice Date: August 8, 2018 (KPE)August 23, 2018 (Targa)

Yes: ___X___

No: ______

Yes: ______

No: __X____

Yes: ______

No: __X____

Yes: ______

No: ______13 Total timely noticed:

14 Total not timely noticed:

See Claimant's note in Row No. 9


Exhs. 2, 2-A, 2-B, 2-C, 2-D

Exhs. 2, 2-A, 2-B, 2-C, 2-D

Notice was sent via e-mail to KPE & Targa with Arcosa's outstanding invoices attached. Section 53.056(f) of the Texas Property Code permits pre-lien notices in the form of a "copy of the statement or billing in the usual and customary form." Targa and KPE received both e-mails, as evidenced by their e-mail responses, which are also attached. See Exh. 2 (King Affidavit); Tex. Prop. Code. § 53.003(a), (d), § 53.056(f); LTF Real Estate Co., Inc. v. D & D Util. Supply, LLC, 01-11-00244-CV, 2013 WL 1183300, at *3–6 (Tex. App.—Houston [1st Dist.] Mar. 21, 2013, no pet.) (permitting faxed invoices as pre-lien notices pursuant to Tex. Prop. Code § 53.056(f)).


Exhs. 2, 2-A, 2-C

Name of Lien Claimant: Arcosa Tank, LLC f/k/a Trinity Containers, LLC

Amount: $305,583.75

Total: $305,583.75

Total Amount of Lien: $305,583.75 after (2) partial releases ($780,085.00 in original lien; $775,085.00 after first partial release)

If the answer to #9 is yes, have you attached the certified mail return receipts/green cards?

12

7

11

Have you attached each notice identified in response to #7?8

Was written notice given to Targa and KPE "not later than the 15th day of the third month following each month in which all or part of the Claimant's labor was performed or material or specially fabricated material delivered" in accordance with Tex. Prop. Code § 53.056?

6

If the answer to #6 is yes, list the date(s) the notice(s) was were sent and the bates/exhibit number of the notice(s).

For the amounts claimed in the Lien, identify each month in which all or part of Claimant's labor was performed or material delivered and the amount unpaid for each month.

Have you attached the invoices, pay applications, receipts, and other documentary evidence identifying each month in which all or part of Claimant's labor was performed or material delivered and the amount unpaid for each month?

5

4

Date Lien Recorded: October 11, 2018; Partial Releases 7/29/2019 & 6/26/2020

Bates/Exhibit No.:KPE: Exhs. 2, 2-ATarga: Exhs. 2, 2-C

If the answer to #6 is is yes, what address(es) were the notices sent?Address(es): [email protected]; [email protected]

$305,583.75

$0.00

If the answer to #6 is yes, was "the notice sent by registered or certified mail" in accordance with Tex. Prop. Code § 53.056(e)?

9

If the answer to #6 is yes, was the notice "addressed to the owner or the reputed owner or the original contractor, as applicable, at his last known business or residence address" in accordance with Tex. Prop. Code § 53.056(e)?

10

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

IN RE KP ENGINEERING, LP et al. Case No. 19-34698

KP ENGINEERING, LP and TARGA PIPELINE MID-CONTINENT WESTTEX, LLC, et al.

Adversary No. 19-03707

FIRST TIER CLAIMANT LIEN SUMMARY

Case 19-34698 Document 594 Filed in TXSB on 06/26/20 Page 1 of 88

Yes: ______

No: __X____

Yes: ______

No: ______

Yes: ___X___

No: ______Yes: __X____

No: ______

Yes: ___X___

No: ______

Yes: __X____

No: ______

Yes: __X____

No: ______

Yes: __X____

No: ______

Yes: __X____

No: ______

Yes: __X____

No: ______

Yes: __X____

No: ______

Fund-trapping language is not required for lien perfection; it's only required to authorize the owner to withhold funds under Chapter 53, Subchapter D. The funds made the basis of this dispute are statutory-retainage funds under Chapter 53, Subchapter E.

15

Have you attached a recorded copy of the Lien?

Does the Lien contain "a sworn statement of the amount of the claim" in accordance with Tex. Prop. Code § 53.054(1)?

If the answer to #18 is yes, state the sworn amount identified in the Lien.

19

18

Amount: $780,085.00 (but see two partial lien releases reducing claim to $305,583.75)

Was the lien affidavit filed with the Midland County Clerk in accordance with Tex. Prop. Code § 53.052(a)?

16

17

Month: June 2018

Identify "the last month in which the labor was performed or the material furnished" by Claimant for KPE pursuant to Tex. Prop. Code § 53.053(c).

Did the notice(s) contain the fund-trapping language as set forth in Tex. Prop. Code § 53.056(d)(1)&(2)? 15

If the answer to #15 is yes, have you highlighted fund-trapping language on the attached notice(s)?

16

If the answer to #22 is yes, state "the general statement of the kind of work done and materials furnished" that is in the Lien.

23

Does the Lien contain "a statement of each month in which the work was done and the material furnished for which payment is requested" in accordance with Tex. Prop. Code § 53.054(3)?

24

If the answer to #24 is yes, list the months stated in the Lien.

Does the Lien contain "the name and last known address" of Targa in accordance with Tex. Prop. Code § 53.054(2)?

20

If the answer to #20 is yes, list the addresses of Targa stated in the Lien.Address(es):Targa Gas Processing, LLC1000 Louisiana Street, Suite 4300Houston, Texas 77002

Targa Pipeline Mid-Continent WestTex, LLC811 Louisiana, Suite 2100Houston, Texas 77002

Targa Resources Partner, LP811 Louisiana, Suite 2100Houston, Texas 77002

21

22 Does the Lien contain "a general statement of the kind of work done and materials furnished" in accordance with Tex. Prop. Code § 53.054(3)?

General Statement: "The labor and material furnished by Claimant is generally described as storage tanks identified in more detail in the invoice attached hereto as Exhibit A."

Did the Lien contain "a description, legally sufficient for identification, of the property sought to be charged with the lien" in accordance with Tex. Prop. Code §53.054(6)?

28

If the answer to #28 is yes, provide the property description contained in the Lien.Property Description: "The real property sought to be charged with the lien is described as the fee simple property upon which the Owner or reputed Owner has built the Targa Johnson Plant located in Midland County, Texas. Upon information and belief, the physical address of the Targa Johnson Plant is FM 1379, Midland, Texas 79706."

29

Does the Lien contain "the Claimaint's name, mailing address and, if different, physical address" in accordance with Tex. Prop. Code §53.054(7)?

30

Months: June 201825

Does the Lien contain the name and address(es) of KPE in accordance with Tex. Prop. Code §53.054(4) & (5)?

26

If the answer to #26 is yes, list the addresses of KPE contained in the Lien.Address(es):KP Engineering, LP5555 Old Jacksonville HwyTyler, Texas 75703

27

Exh. 3

"Claimant's mailing address is P.O. Box 732666, Dallas Texas 75373. Claimant's physical address is 2525 N. Stemmons Freeway, Dallas, Texas 75207."


Yes: __X____

No: ______

Yes: __X____

No: ______

Also sent to original contractor at the following address: KP Engineering, LP5555 Old Jacksonville HighwayTyler, Texas 75703

Yes: ___X___

No: ______

Yes: ______

No: ___X___

Yes: ______

No: ___X___

Yes: ______

No: ___X___

Yes: ______

No: __X____

Yes: ______

No: __X____

Yes: ___X___

No: ______

Yes: __X____No: ______

Exhs. 5, 6

Does the Lien include any amounts for labor performed or material delivered for projects other than the Johnson Project?

Does the Lien include any amounts for labor performed or material delivered on or after August 4, 2018?

If the answer to #33 is yes, state the owner's address(es) to which a copy of the Lien was sent.

Address:Targa Gas Processing, LLC1000 Louisiana, Suite 4300Houston, Texas 77002

Targa Resources Partner, LP811 Louisiana, Suite 2100Houston, Texas 77002

Targa Pipeline Mid-Continent WestTex, LLC811 Louisiana, Suite 2100Houston, Texas 77002

Did the Claimant "send a copy of the affidavit by registered or certified mail to the owner or reputed owner at the owner's last known business or residence address not later than the fifth day after the date the affidavit is filed with the county clerk" in accordance with Tex. Prop. Code § 53.055(a)?

33

34

If the answer to #33 is yes, are the proof of mailing and certified mail return receipts/green cards attached?

36

If the answer to #33 is yes, state the date that the notice of Lien was postmarked.

Postmark Date: October 15, 2018*35

Does the Lien contain "a statement identifying the date each notice of the claim was sent to the owner and the method by which the notice was sent" in accordance with Tex. Prop. Code § 53.054(8)?

31

If the answer to #31 is yes, provide the notice dates and notice methods as they are stated in the Lien.

32

Answer: Claimant received a partial payment of $5,000.00 from KPE and subsequently filed a partial lien release with the Midland County Clerk on 7/29/2019, reducing its lien claim from $780,085.00 to $775,085.00. On 6/26/2020, Arcosa filed another partial lien release with the Midland County Clerk, reducing its $775,085.00 lien claim by $469,501.25. Recorded copies of both partial lien releases are attached as Exhibits 5 & 6. The remaining amount being claimed by Arcosa is $305,583.75. None of these filings may be disregarded; all three filings must be viewed wholistically to identify the final amount of Arcosa's current lien claim.

47

Did Claimant receive notice from Targa under Tex. Prop. Code § 53.107 of KPE's termination? The date of termination was 8-3-18. If yes, attach a copy of the Notice of Termination.

41

Did Claimant file its Lien within 40 days after the date of termination (9-12-18) per § 53.057(f)?

42

Did Claimant file its Lien within 30 days after the date of termination (8-31-18) per § 53.057(f) or § 53.103(2)?

43

Did Claimant file its Lien by the 15th day of the 4th month after the last day of the last month in which labor was performed and/or the material furnished per §53.052(a)?

44

If the answer to #44 is yes, what is last month in which labor was performed and/or material furnished?

Month: June 2018

45

Did Claimant record any supplemental liens, amended liens, or partial lien releases?

If the answer to #46 is yes, generally explain why the supplemental lien, amended lien, or partial release was recorded and list the filings, if any, that that can be disregarded.

46

If the answer to #37 is yes, state the amount claimed in the Lien for labor performed or materials delivered on or after August 4, 2018.

Amount:

37

38

39

If the answer to #39 is yes, state the amount claimed in the Lien for labor performed or materials delivered for projects other than the Johnson Project.

Amount:

40

Notice Dates & Methods: "Notice of the claim was sent to the Owner or reputed Owner on August 23, 2018 in accordance with Texas Property Code §53.056(f)."

Exh. 4

As a person other than an original contractor, Claimant also sent "a copy of the affidavit to the original contractor at the original contractor's last known business or residence address within the same period," in accordance with Tex. Prop. Code § 53.055(b).

*No "postmark"; see green cards/return receipts and tracking information attached. Exh. 4


48 Total Amount of Lien Perfected:49 Total Amount of Lien Unperfected:

$305,583.75 $0.00


IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

IN RE KP ENGINEERING, LP, et. al., § §

Debtors. § _______________ §

§ HANCOCK MECHANICAL, LLC § d/b/a Hancock Mechanical Welding & § Fabrication §

§ ~ §

§ KP ENGINEERING, LP, and TARGA § PIPELINE MID-CONTINENT § WESTTEX, LLC §

§ ~ §

§ BOUNDS CONSTRUCTION, LLC, et § ~ §

Chapter 11

Case No. 19-34698


AFFIDAVIT OF JARED WALLACE

BEFORE ME, the undersigned notary, on this day personally appeared Jared

Wallace, !mown to me to be the person whose name is subscribed hereto, and after

having been duly sworn, stated upon his oath as follows:

1. "My name is Jared Wallace, and I am capable of making this affidavit. I have

personal knowledge of the facts stated in this affidavit, and they are true and correct.

2. I am the Vice President and General Manager of Arcosa Tank, LLC f/k/a

Trinity Containers, LLC, a creditor and party-in-interest in the above-styled proceeding

("Arcosa").


Lucy Morton

Rectangular Exhibit Stamp

3. Pursuant to a written contract, Arcosa supplied storage tanks to Debtor KP

Engineering, LP ("KPE") in connection with the Johnson Plant project in Midland, Texas

("Project"). Arcosa supplied the storage tanks as requested, but KPE has failed to pay the

outstanding amounts owed to Arcosa.

4. A true and correct copy of the invoices reflecting the outstanding amounts

owed to Arcosa by KPE in connection with the Project is attached as Exhibit 1-A.

Invoice numbers 1460989, 1460990, and 1460991, totaling $469,501.25, reflect material

that Arcosa delivered to its warehouse in Tulsa, Oklahoma and was picked up by KPE in

May 2018. Invoice numbers 1461271, 1461272, 1461262, and 1461263, totaling

$310,583.75, reflect material that Arcosa delivered to the Project in June 2018. On

December 21, 2018, KPE made an additional $5,000.00 payment to Arcosa against

Invoice No. 1461272, making the total outstanding balance for material delivered in June

2018, $305,583.75.

5. A true and correct copy of a separate invoice reflecting the outstanding

amounts owed to Arcosa by KPE in connection with the Project is attached as Exhibit 1-

B. Line No. 1 in Exhibit 1-B reflects the $469,501.25 worth of material that Arcosa

delivered to its warehouse in Tulsa, Oklahoma and was picked up by KPE in May 2018.

Line No. 2 in Exhibit 1-B reflects the $310,583.75 worth of material that Arcosa

delivered to the Project in June 2018. Again, because KPE made an additional $5,000.00

payment to Arcosa against Invoice No. 1461272, the total outstanding balance for

material delivered in June 2018 is currently $305,583.75.

Affidavit of Jared Wallace Page2


6. While the invoices attached as Exhibit 1-A and Exhibit 1-B are structured

differently, they both reflect the same outstanding amounts owed by KPE for the same

material delivered by Arcosa in connection with the Project."

FURTHER AFFIANT SA YETH NOT.

Arcosa Tank, LLC f/k/a Trinity Containers, LLC

al ace Its: Vice President, General Manager

Subscribed and sworn to before me, the undersigned Notary Public for the State of Texas, this O.lo day of June, 2020.

Affidavit of Jared Wallace

Notary Public, State of Texas

CASSIE POINTS Notary ID #2512178

My commission Expires April 23, 2022

Page3


ARCOSA0000003

0 Trinity Containers, LLC P.O. Box 732666 Dallas, Texas 75373-2666

SHIP TO

KP ENGINEERING LP 5555 OLD JACKSONVILLE HWY TYLER, TX 75703

BILL TO

KP ENGINEERING LP ACCOUNTS PAYABLE 5555 OLD JACKSONVILLE HWY TYLER, TX 75703

REMIT

P . 0 . BOX 732666 DALLAS TX 75373-2666

Telephone: 214-589-2544

Invoice NUMBER

1460989

DATE

I PAGE

29-MAY-18 1 of 1

PURCHASE ORDER NO. J1711-063

SALES ORDER NO. 'DATE 969574

CUSTOMER NO.

I LOCATION NO.

175696 TYLER

PAYMENT TERMS NET60

DUE DATE I SALESPERSON I CUSTOMER CONTACT I SHIP DATE 1 SHIP VIA FOB

28-JUL-18 WALLACE, D 20-MAY-18 CPU "SEE BELOW"

FREIGHT TERMS I BILL OF LADING NO. I DISTRIBUTOR ORDER NO. I DISTRIBUTOR PO NO. WAREHOUSE NO. NO FREIGHT S1800010 09

LINE I DESCRIPTION I UOM I QUANTITY I TAX I UNIT EXTENDED NO. I ORDERED I SHIPPED PRICE AMOUNT

1 : 969574131.875" OD, 60,000 WG, 270PSI; EACH 1 1 N 236,280.00 236,280.00 :cusT PIO: J1111053

S1800010

2 :ADVANCE BILLING ADVANCE BILLING EACH 1 1 N (50,246.25) (50,246.25) S1800010

As per Contract, Seller's Proposal or Seller's Order Confirmation, in that order, otherwise FOB plant of manufacture.

"WARRANTY - As per Contract between Buyer and Seller, Seller's Proposal or Seller's Order Confirmation, in that order; otherwise, Seller warrants to Buyer that the products invoiced herein are manufactured in accordance with the applicable specifications and are free of defects in material and workmanship; provided, however, that Seller's obligation under this warranty (1) sh.all not co:ver or app)y to any product, accessory, part or attachment which is not manufactured by Seller, except to the extent the manufacturer of any such item provides a s1m1lar warranty to Seller; (2) is limited to the obligation of repairing or replacing1 at Seller's sole election, any product found to be in breach of this warranty and returned to Seller by Buyer within one year from the date the product was 1irst delivered by Seller to Buyer, provided Seller's examination of the product confirms a breach of lflis warranty by Seller. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND SPECIFICALLY IN LIEU OF ALL INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES."

SPECIAL INSTRUCTIONS SUBTOTAL TAX FREIGHT TOTAL

n nn n nn 186 033.75


Lucy Morton


ARCOSA0000004


SHIP TO


BILL TO


REMIT

P . 0 . BOX 732666 DALLAS TX 75373-2666

Telephone: 214-589-2544

Invoice NUMBER

1460990

DATE

I PAGE

29-MAY-18 1 of 1


SALES ORDER NO. !DATE 969576

CUSTOMER NO.

I LOCATION NO.

175696 TYLER

PAYMENT TERMS NET60

DUE DATE I SALESPERSON I CUSTOMER CONTACT I SHIP DATE I SHIP VIA FOB



LINE I DESCRIPTION I UOM I QUANTITY : TAX I UNIT EXTENDED

NO. I ORDERED I SHIPPED PRICE AMOUNT

1 : 969576 131.875" OD, 60,000 WG, 125PSI EACH 1 1 N 183,765.00 183,765.00 :CONDENSATE; CUST P/O: J1711063

S1800015 S1800015

2 : ADVANCE BILLING ADVANCE BILLING EACH 1 1 N (43,101.25) (43,101.25)


"WARRANTY - As per Contract between Buyer and Seller, Seller's Proposal or Seller's Order Confirmation, in that order; otherwise, Seller warrants to Buyer that the products invoiced herein are manufactured in accordance with the applicable specifications and are free of defects in material and workmanship; provided, however, that Seller's obligation under this warranty (1) shall not cover or apply to any product, accessory, part or attachment which is not manufactured by Seller, except to the extent the manufacturer of any such item provides a s1mifar warranty to Seller; (2) is limited to the obligation of repairing or replacing

1 at Seller's sole election, any product found to be in breach of this warranty and returned to Seller by

Buyer within one year from the date the product was rirst delivered by Seller to Buyer, provided Seller's examination of the product confirms a breach of tflis warranty by Seller. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND SPECIFICALLY IN LIEU OF ALL INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES."


n nn nnn 140 663.75


ARCOSA0000005


SHIP TO


BILL TO


REMIT

P . 0 . BOX 732666 DALLAS TX 75373-2666

Telephone: 214-589-2544

Invoice NUMBER

1460991

DATE

I PAGE

29-MAY-18 1 of 1


SALES ORDER NO. I DATE 969577

CUSTOMER NO.

I LOCATION NO.

175696 TYLER

PAYMENT TERMS NET60

DUE DATE I SALESPERSON I CUSTOMER CONTACT [SHIP DATE I SHIP VIA FOB


FREIGHT TERMS I BILL OF LADING NO., DISTRIBUTOR ORDER NO. I DISTRIBUTOR PO NO. WAREHOUSE NO. NO FREIGHT 81800016 09

LINE I DESCRIPTION I UOM I QUANTITY i TAX I UNIT EXTENDED NO. I ORDERED I SHIPPED PRICE AMOUNT

1 :969577131.875" OD, 60,000 WG, 125PSI EACH 1 1 N 185,905.00 185,905.00 : C6NDENSATE

81800016 81800016

2 :ADVANCE BILLING ADVANCE BILLING EACH 1 1 N ( 43, 101.25) (43,101.25)


"WARRANTY - As per Contract between Buyer and Seller, Seller's Proposal or Seller's Order Confirmation, in that order; otherwise, Seller warrants to Buyer that the products invoiced herein are manufactured in accordance with the applicable specifications and are free of defects in material and workmanship; provided, however, that Seller's obligation under this warranty (1) sh.all not coyer or app!Y to any product, accessory, part or attachment which is not manufactured by Seller, except to the extent the manufacturer of any such item provides a s1m1far warranty to Seller; (2) is limited to the obligation of repairing or replacing


Buyer within one year from the date the product was rirst delivered by Seller to Buyer, prov1ded Seller's examination of the product confirms a breach of this warranty by Seller. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND SPECIFICALLY IN LIEU OF ALL INDIRECT, SPECIAL OR CONSEQUENTIAL DAIIIIAGES."


n nn nnn 142 803.75


ARCOSA0000006

C Trinity Containers, LLC P.O. Box 732666 Dallas, Texas 75373-2666

SHIP TO

KP ENGINEERING LP SAL MIDLAND, TX 79706

BILL TO


REMIT

P . 0 . BOX 732666 DALLAS TX 75373-2666

Telephone: 214-589-2544

Invoice NUMBER

1461262

DATE

I

PAGE 31-MAY-18 1 of 1



CUSTOMER NO.

I

LOCATION NO. 175696 TYLER

PAYMENT TERMS NET60

DUE DATE 30-JUL-18 I

SALESPERSON !CUSTOMER CONTACT ISHIP DATE I SHIP VIA WALLACE, D 30-MAR-18 TRINITY

FOB "SEE BELOW"

FREIGHT TERMS NO FREIGHT

I BILL OF LADING NO. I DISTRIBUTOR ORDER NO. I DISTRIBUTOR PO NO.

LINE I NO.

DESCRIPTION

1 : 969557 TANK, STORAGE NGL 30000 WG,-20 :F

H1800276

2 :ADVANCE BILLING ADVANCE BILLING

I UOM

EACH

EACH

11--__ a_uA_N~T_1T_Y_~II TAX I I ORDERED I SHIPPED

N

N


UNIT PRICE

98,340.00

(22,687.50)

WAREHOUSE NO. HD

EXTENDED AMOUNT

98,340.00

(22,687.50)

"WARRANTY - As per Contract between Buyer and Seller, Seller's Proposal or Seller's-Order Confirmation, in that order; otherwise, Seller warrants to Buyer that the products invoiced herein are manufactured in accordance with the applicable specifications and are free of defects in material and workmanship; provided, however, that Seller's obligation under this warranty (1) shall not cover or apply to any product, accessory, part or attachment which is not manufactured by Seller, except to the extent the manufacturer of any such item provides a s1mifar warranty to Seller; (2) is limited to the obligation of repairing or replacing


Buyer within one year from the date the product was 1irst delivered by Seller to Buyer, provided Seller's examination of the product confirms a breach of tflis warranty by Seller. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND SPECIFICALLY IN LIEU OF ALL INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES."


nnn nnn 75 652.50

j, 11

! I


ARCOSA0000007


SHIP TO


BILL TO


REMIT

P . 0 . BOX 732666 DALLAS TX 75373-2666

Telephone: 214-589-2544

Invoice NUMBER

1461263

DATE I PAGE 31-MAY-18 1 of 1



CUSTOMER NO.

I LOCATION NO.

175696 TYLER

PAYMENT TERMS NET60

DUE DATE I SALESPERSON I CUSTOMER CONTACT I SHIP DATE I SHIPVIA FOB

30-JUL-18 WALLACE, D · 31-MAY-18 TRINITY "SEE BELOW"

FREIGHT TERMS I BILL OF LADING NO. I DISTRIBUTOR ORDER NO. I DISTRIBUTOR PO NO. WAREHOUSE NO. NO FREIGHT HD



1 : 969558 TANK, STORAGE NGL 30000 WG,-20 EACH 1 1 N 110,260.00 110,260.00 :F

H1800278



"WARRANTY - As per Contract between Buyer and Seller, Seller's Proposal or Seller's Order Confirmation, in that order; otherwise, Seller warrants to Buyer that the products invoiced herein are manufactured in accordance with the applicable specifications and are free of defects in material and workmanship; provided, however, that Seller's obligation under this warranty (1) shall not cover or apply to any product, accessory, part or attachment which is not manufactured by Seller, except to the extent the manufacturer of any such item provides a similar warranty to Seller; (2) is limited to the obligation of repairing or replacing1 at Seller's sole election, any product found to be in breach of this warranty and returned to Seller by Buyer within one year from the date the product was 1irst delivered by Seller to Buyer, provided Seller's examination of the product confirms a breach of this warranty by Seller. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND SPECIFICALLY IN LIEU OF ALL INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES."


nnn nnn 87 916.25


ARCOSA0000008


SHIP TO

KP ENGINEERING LP SRL MIDLAND, TX 79706

BILL TO


REMIT

P . 0 . BOX 732666 DALLAS TX 75373-2666

Telephone: 214-589-2544

Invoice NUMBER

1461271

DATE

I PAGE

31-MAY-18 1 of 1



CUSTOMER NO.

I LOCATION NO.

175696 TYLER

PAYMENT TERMS NET60

DUE DATE SALESPERSON CUSTOMER CONTACT SHIP DATE 30-MAY-18

SHIP VIA FOB

30-JUL-18 WALLACE, D

FREIGHT TERMS BILL OF LADING NO. DISTRIBUTOR ORDER NO. PREPAID & ADD

LINE I NO.

DESCRIPTION



I UOM

EACH

EACH

TRINITY

DISTRIBUTOR PO NO.

If--__ a_uA_N~T_1T_Y_--1I

I

TAX I I ORDERED I SHIPPED

N

N


UNIT PRICE

96,070.00

(22,562.50)

"SEE BELOW"

WAREHOUSE NO. HD

EXTENDED AMOUNT

96,070.00

(22,562.50)

"WARRANTY - As per Contract between Buyer and Seller, Seller's Proposal or Seller's Order Confirmation, in that order; otherwise, Seller warrants to Buyer that the products invoiced herein are manufactured in accordance with the applicable specifications and are free of defects in material and workmanship; provided, however, that Seller's obligation under this warranty (1) shall not cover or apply to any product, accessory, part or attachment which is not manufactured by Seller, except to the extent the manufacturer of any such item provides a s1mifar warranty to Seller; (2) is limited to the obligation of repairing or replacing1 at Seller's sole election, any product found to be in breach of this warranty and returned to Seller by Buyer within one year from the date the product was rirst delivered by Seller to Buyer, provided Seller's examination of the product confirms a breach of this warranty by Seller. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND SPECIFICALLY IN LIEU OF ALL INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES."


7'l r:;:n7 r:;:n n nn n nn 73 507.50


ARCOSA0000009


SHIP TO


BILL TO


REMIT

P . 0 . BOX 732666 DALLAS TX 75373-2666

Telephone: 214-589-2544

Invoice NUMBER

1461272

DATE

I



SALES ORDER NO. IDATE 969556

CUSTOMER NO.

I


PAYMENT TERMS NET60


30-JUL-18 WALLACE, D 25-MAY-18 TRINITY "SEE BELOW"


LINE I DESCRIPTION I

UOM I QUANTITY ~TAXI

UNIT EXTENDED NO. I ORDERED I SHIPPED PRICE AMOUNT

1 :959555 TANK, STORAGE NGL 30000 WG,-20 EACH 1 1 N 96,070.00 96,070.00 :f

H1800274


As per Contract, Seller's Proposal or Seller's Order Confinnation, in that order, otherwise FOB plant of manufacture. "WARRANTY - As per Contract between Buyer and Seller, Seller's Proposal or Seller's Order Confirmation, in that order; otherwise, Seller warrants to Buyer that the products invoiced herein are manufactured in accordance with the applicable specifications and are free of defects in material and workmanship; provided, however, that Seller's obligation under this warranty (1) shall not cover or apply to any product, accessory, part or attachment which is not manufactured by Seller, except to the extent the manufacturer of any such item provides a s1mifar warranty to Seller; (2) is limited to the obligation of repairing or replacing




nnn nnn 73.507.50


Trinity Containers, LLC Remittance: PO Box 732666, Dallas, TX 75373-2666

REMITTANCE TRINITY CONTAINERS

SHIP TO PO BOX 732666 INVOICE TARGA DALLAS, TX 75373-2666 NUMBER 146098972 SITE - MIDLAND, TX DATE PAGE Telephone : 214-589-2544 21-Aug-18 1 of 1

PURCHASE ORDER NO.

SALES ORDER NO. DATEBILL TO 969574-969556

KP ENGINEERING LP CUSTOMER NO. LOCATION NO. ACCOUNTS PAYABLE 175696 TYLER 5555 OLD JACKSONVILLE HWY TERMS TYLER, TX 75703 UPON RECEIPT

DUE DATE SALESPERSON CUSTOMER CONTACT SHIP DATE SHIP VIA FOB21-Aug-18 DON WALLACE 20-MAY-18 CPU "SEE BELOW"

FREIGHT TERMS BILL OF LADING NO. DISTRIBUTOR ORDER NO. DISTRIBUTOR PO NO. WAREHOUSE NO. NONE 09 HD

LINE DESCRIPTION UOM QUANTITY TAX UNIT EXTENDEDNO. ORDERED ON ORDER PRICE USD AMOUNT USD

1 STORAGE 60,000 WG, 131.875" EACH 3 3 N PER PO 469,501.25$ Balance Due PO J1711063 S1800010, S1800015, S1800016

2 STORAGE NGL 30,000 WG, -20F EACH 4 4 N PER PO 310,583.75$ Balance Due PO J1711063 H1800267, H1800274, H1800276, H1800278


SPECIAL INSTRUCTIONS SUBTOTAL TAX FREIGHT TOTAL USD

780,085.00 0.00% 0.00 780,085.00$ Payment instructions/options:

US Mail: Trinity Containers PO Box 732666, Dallas Texas 75373-2666Over night: JP Morgan Chase (TX1-0029), ATTN: Box 732666 Trinity Containers, 14800 Frye Rd, 2nd Fl., Ft. Worth, TX 76155

"WARRANTY - As per Contract between Buyer and Seller, Seller's Proposal or Seller's Order Confirmation, in that order; otherwise, Seller warrants to Buyer that the products invoiced herein are manufactured in accordance with the applicable specifications

(1) shall not cover or apply to any product, accessory, part or attachment which is not manufactured by Seller, except to the extent the manufacturer of any such item provides a similar warranty to Seller;(2) is limited to the obligation of repairing or replacing, at Seller's sole election, any product found to be in breach of this warranty and returned to Seller by Buyer within one year from the date the product was first delivered by Seller to Buyer, provided Seller's examination of the product confirms a breach of this warranty by Seller

THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND SPECIFICALLY IN LIEU OF ALL INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES."

J1711-063

ARCOSA0000146


Lucy Morton


IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

IN RE KP ENGINEERING, LP, et. al., § §

Debtors. §

--------------~§ §

HANCOCK MECHANICAL, LLC § d/b/a Hancock Mechanical Welding & § Fabrication §

§ ~ §

§ KP ENGINEERING, LP, and TARGA § PIPELINE MID-CONTINENT § WESTTEX, LLC §

§ ~ §

§ BOUNDS CONSTRUCTION, LLC, et § ~ §

Chapter 11

Case No. 19-34698


AFFIDAVIT OF ANITA WILSON

BEFORE ME, the undersigned notary, on this day personally appeared Anita

Wilson f/k/a Anita King, !mown to me to be the person whose name is subscribed hereto,

and after having been duly sworn, stated upon her oath as follows:

1. "My name is Anita Wilson f/k/a Anita King, and I am capable of making this

affidavit. I have personal lmowledge of the facts stated in this affidavit, and they are true

and correct.

2. I am a BU Credit Manager with Arcosa Tank, LLC f/k/a Trinity Containers,

LLC ("Arcosa"), a creditor and party-in-interest in the above-styled proceeding.

3. In August 2018, my employee e-mail address was [email protected].


Lucy Morton


4. On August 8, 2018, I sent an e-mail to accountspayable!alkpe.com, an e-mail

address I understood to be associated with KP Engineering, LP, inquiring about the status

of certain past-due invoices in connection with the Johnson Plant project in Midland,

Texas ("Project"). I sent the e-mail from my employee e-mail address of

[email protected]. I attached copies of those past-due invoices to the aforementioned e

mail sent on August 8, 2018. A true and correct copy of the August 8, 2018 e-mail and

attached invoices is attached hereto as Exhibit 2-A.

5. On August 9, 2018, I received a response to my August 8, 2018 e-mail from

Kristal Morris, whom I understood to be a representative of KP Engineering, LP,

confirming that payments related to the Project "have been placed on hold pending

resolution of a contract matter with our customer on the job." A true and correct copy of

that e-mail response, which was sent to my employee e-mail address of

[email protected], is attached hereto as Exhibit 2-B.

6. On August 23, 2018, I sent an e-mail to [email protected],

an e-mail address I understood to be associated with the owner of the Project, inquiring

about the status of a past-due invoice in connection with the Project. I sent the e-mail

from my employee e-mail address of [email protected]. I attached a copy of that past

due invoice to the aforementioned e-mail sent on August 23, 2018. A true and correct

copy of that August 23, 2018 e-mail and attached invoice is attached hereto as Exhibit 2-

C.

7. On August 23, 2018, I received a response e-mail from

[email protected], whom I understood to be a representative of the

Affidavit of Anita Wilson Page2


owner of the Project, confirming receipt of my earlier e-mail sent to him, and that he

would "forward [the invoice] to the correct group handling all Johnson Plant (KPE)

related invoices." A true and correct copy of that e-mail response, which was sent to my

employee e-mail address of [email protected], is attached hereto as Exhibit 2-D.

8. Sending invoices via e-mail was the usual and customary form in which

Arcos a would send invoices for this Project."

FURTHER AFFIANT SA YETH NOT.

Arcosa Tank, LLC f/k/a Trinity Containers,

~h liaWilson Its: BU Credit Manager

Subscribed and sworn to before me, the undersigned Notary Public for the State of Texas, this .;ti, day of June, 2020.

MyCommission Expires

Affidavit of Anita Wilson

Notary Public, State of Texas

CASSIE POINTS Notary ID #2512178

My Commission Expires April 23, 2022

Page3


From: Anita KingSubject: Trinity Containers/KP Engineering PO J1711-063To: [email protected]: August 8, 2018 8:41 PMAttached: KP Engineering 1460989-1461272 PO J1711-063.pdf

AP, Please advise with payment status of past due invoices attached, 1460989-1461272under PO J1711-063. Thank you Anita KingBU Credit ManagerPhone: 214-589-2544Email: [email protected]

ARCOSA0000002


Lucy Morton


ARCOSA0000003


SHIP TO


BILL TO


REMIT

P . 0 . BOX 732666 DALLAS TX 75373-2666

Telephone: 214-589-2544

Invoice NUMBER

1460989

DATE

I PAGE

29-MAY-18 1 of 1



CUSTOMER NO.

I LOCATION NO.

175696 TYLER

PAYMENT TERMS NET60

DUE DATE I SALESPERSON I CUSTOMER CONTACT I SHIP DATE 1 SHIP VIA FOB



LINE I DESCRIPTION I UOM I QUANTITY I TAX I UNIT EXTENDED NO. I ORDERED I SHIPPED PRICE AMOUNT

1 : 969574131.875" OD, 60,000 WG, 270PSI; EACH 1 1 N 236,280.00 236,280.00 :cusT PIO: J1111053

S1800010

2 :ADVANCE BILLING ADVANCE BILLING EACH 1 1 N (50,246.25) (50,246.25) S1800010


"WARRANTY - As per Contract between Buyer and Seller, Seller's Proposal or Seller's Order Confirmation, in that order; otherwise, Seller warrants to Buyer that the products invoiced herein are manufactured in accordance with the applicable specifications and are free of defects in material and workmanship; provided, however, that Seller's obligation under this warranty (1) sh.all not co:ver or app)y to any product, accessory, part or attachment which is not manufactured by Seller, except to the extent the manufacturer of any such item provides a s1m1lar warranty to Seller; (2) is limited to the obligation of repairing or replacing1 at Seller's sole election, any product found to be in breach of this warranty and returned to Seller by Buyer within one year from the date the product was 1irst delivered by Seller to Buyer, provided Seller's examination of the product confirms a breach of lflis warranty by Seller. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND SPECIFICALLY IN LIEU OF ALL INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES."


n nn n nn 186 033.75


ARCOSA0000004


SHIP TO


BILL TO


REMIT

P . 0 . BOX 732666 DALLAS TX 75373-2666

Telephone: 214-589-2544

Invoice NUMBER

1460990

DATE

I PAGE

29-MAY-18 1 of 1



CUSTOMER NO.

I LOCATION NO.

175696 TYLER

PAYMENT TERMS NET60






1 : 969576 131.875" OD, 60,000 WG, 125PSI EACH 1 1 N 183,765.00 183,765.00 :CONDENSATE; CUST P/O: J1711063

S1800015 S1800015



"WARRANTY - As per Contract between Buyer and Seller, Seller's Proposal or Seller's Order Confirmation, in that order; otherwise, Seller warrants to Buyer that the products invoiced herein are manufactured in accordance with the applicable specifications and are free of defects in material and workmanship; provided, however, that Seller's obligation under this warranty (1) shall not cover or apply to any product, accessory, part or attachment which is not manufactured by Seller, except to the extent the manufacturer of any such item provides a s1mifar warranty to Seller; (2) is limited to the obligation of repairing or replacing




n nn nnn 140 663.75


ARCOSA0000005


SHIP TO


BILL TO


REMIT

P . 0 . BOX 732666 DALLAS TX 75373-2666

Telephone: 214-589-2544

Invoice NUMBER

1460991

DATE

I PAGE

29-MAY-18 1 of 1



CUSTOMER NO.

I LOCATION NO.

175696 TYLER

PAYMENT TERMS NET60

DUE DATE I SALESPERSON I CUSTOMER CONTACT [SHIP DATE I SHIP VIA FOB


FREIGHT TERMS I BILL OF LADING NO., DISTRIBUTOR ORDER NO. I DISTRIBUTOR PO NO. WAREHOUSE NO. NO FREIGHT 81800016 09

LINE I DESCRIPTION I UOM I QUANTITY i TAX I UNIT EXTENDED NO. I ORDERED I SHIPPED PRICE AMOUNT

1 :969577131.875" OD, 60,000 WG, 125PSI EACH 1 1 N 185,905.00 185,905.00 : C6NDENSATE

81800016 81800016

2 :ADVANCE BILLING ADVANCE BILLING EACH 1 1 N ( 43, 101.25) (43,101.25)


"WARRANTY - As per Contract between Buyer and Seller, Seller's Proposal or Seller's Order Confirmation, in that order; otherwise, Seller warrants to Buyer that the products invoiced herein are manufactured in accordance with the applicable specifications and are free of defects in material and workmanship; provided, however, that Seller's obligation under this warranty (1) sh.all not coyer or app!Y to any product, accessory, part or attachment which is not manufactured by Seller, except to the extent the manufacturer of any such item provides a s1m1far warranty to Seller; (2) is limited to the obligation of repairing or replacing


Buyer within one year from the date the product was rirst delivered by Seller to Buyer, prov1ded Seller's examination of the product confirms a breach of this warranty by Seller. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND SPECIFICALLY IN LIEU OF ALL INDIRECT, SPECIAL OR CONSEQUENTIAL DAIIIIAGES."


n nn nnn 142 803.75


ARCOSA0000006


SHIP TO


BILL TO


REMIT

P . 0 . BOX 732666 DALLAS TX 75373-2666

Telephone: 214-589-2544

Invoice NUMBER

1461262

DATE

I




CUSTOMER NO.

I


PAYMENT TERMS NET60

DUE DATE 30-JUL-18 I

SALESPERSON !CUSTOMER CONTACT ISHIP DATE I SHIP VIA WALLACE, D 30-MAR-18 TRINITY

FOB "SEE BELOW"

FREIGHT TERMS NO FREIGHT

I BILL OF LADING NO. I DISTRIBUTOR ORDER NO. I DISTRIBUTOR PO NO.

LINE I NO.

DESCRIPTION


H1800276


I UOM

EACH

EACH

11--__ a_uA_N~T_1T_Y_~II TAX I I ORDERED I SHIPPED

N

N


UNIT PRICE

98,340.00

(22,687.50)

WAREHOUSE NO. HD

EXTENDED AMOUNT

98,340.00

(22,687.50)

"WARRANTY - As per Contract between Buyer and Seller, Seller's Proposal or Seller's-Order Confirmation, in that order; otherwise, Seller warrants to Buyer that the products invoiced herein are manufactured in accordance with the applicable specifications and are free of defects in material and workmanship; provided, however, that Seller's obligation under this warranty (1) shall not cover or apply to any product, accessory, part or attachment which is not manufactured by Seller, except to the extent the manufacturer of any such item provides a s1mifar warranty to Seller; (2) is limited to the obligation of repairing or replacing


Buyer within one year from the date the product was 1irst delivered by Seller to Buyer, provided Seller's examination of the product confirms a breach of tflis warranty by Seller. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND SPECIFICALLY IN LIEU OF ALL INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES."


nnn nnn 75 652.50

j, 11

! I


ARCOSA0000007


SHIP TO


BILL TO


REMIT

P . 0 . BOX 732666 DALLAS TX 75373-2666

Telephone: 214-589-2544

Invoice NUMBER

1461263

DATE I PAGE 31-MAY-18 1 of 1



CUSTOMER NO.

I LOCATION NO.

175696 TYLER

PAYMENT TERMS NET60

DUE DATE I SALESPERSON I CUSTOMER CONTACT I SHIP DATE I SHIPVIA FOB

30-JUL-18 WALLACE, D · 31-MAY-18 TRINITY "SEE BELOW"




1 : 969558 TANK, STORAGE NGL 30000 WG,-20 EACH 1 1 N 110,260.00 110,260.00 :F

H1800278



"WARRANTY - As per Contract between Buyer and Seller, Seller's Proposal or Seller's Order Confirmation, in that order; otherwise, Seller warrants to Buyer that the products invoiced herein are manufactured in accordance with the applicable specifications and are free of defects in material and workmanship; provided, however, that Seller's obligation under this warranty (1) shall not cover or apply to any product, accessory, part or attachment which is not manufactured by Seller, except to the extent the manufacturer of any such item provides a similar warranty to Seller; (2) is limited to the obligation of repairing or replacing1 at Seller's sole election, any product found to be in breach of this warranty and returned to Seller by Buyer within one year from the date the product was 1irst delivered by Seller to Buyer, provided Seller's examination of the product confirms a breach of this warranty by Seller. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND SPECIFICALLY IN LIEU OF ALL INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES."


nnn nnn 87 916.25


ARCOSA0000008


SHIP TO

KP ENGINEERING LP SRL MIDLAND, TX 79706

BILL TO


REMIT

P . 0 . BOX 732666 DALLAS TX 75373-2666

Telephone: 214-589-2544

Invoice NUMBER

1461271

DATE

I PAGE

31-MAY-18 1 of 1



CUSTOMER NO.

I LOCATION NO.

175696 TYLER

PAYMENT TERMS NET60

DUE DATE SALESPERSON CUSTOMER CONTACT SHIP DATE 30-MAY-18

SHIP VIA FOB

30-JUL-18 WALLACE, D

FREIGHT TERMS BILL OF LADING NO. DISTRIBUTOR ORDER NO. PREPAID & ADD

LINE I NO.

DESCRIPTION



I UOM

EACH

EACH

TRINITY

DISTRIBUTOR PO NO.

If--__ a_uA_N~T_1T_Y_--1I

I

TAX I I ORDERED I SHIPPED

N

N


UNIT PRICE

96,070.00

(22,562.50)

"SEE BELOW"

WAREHOUSE NO. HD

EXTENDED AMOUNT

96,070.00

(22,562.50)

"WARRANTY - As per Contract between Buyer and Seller, Seller's Proposal or Seller's Order Confirmation, in that order; otherwise, Seller warrants to Buyer that the products invoiced herein are manufactured in accordance with the applicable specifications and are free of defects in material and workmanship; provided, however, that Seller's obligation under this warranty (1) shall not cover or apply to any product, accessory, part or attachment which is not manufactured by Seller, except to the extent the manufacturer of any such item provides a s1mifar warranty to Seller; (2) is limited to the obligation of repairing or replacing1 at Seller's sole election, any product found to be in breach of this warranty and returned to Seller by Buyer within one year from the date the product was rirst delivered by Seller to Buyer, provided Seller's examination of the product confirms a breach of this warranty by Seller. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND SPECIFICALLY IN LIEU OF ALL INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES."


7'l r:;:n7 r:;:n n nn n nn 73 507.50


ARCOSA0000009


SHIP TO


BILL TO


REMIT

P . 0 . BOX 732666 DALLAS TX 75373-2666

Telephone: 214-589-2544

Invoice NUMBER

1461272

DATE

I



SALES ORDER NO. IDATE 969556

CUSTOMER NO.

I


PAYMENT TERMS NET60


30-JUL-18 WALLACE, D 25-MAY-18 TRINITY "SEE BELOW"


LINE I DESCRIPTION I

UOM I QUANTITY ~TAXI

UNIT EXTENDED NO. I ORDERED I SHIPPED PRICE AMOUNT

1 :959555 TANK, STORAGE NGL 30000 WG,-20 EACH 1 1 N 96,070.00 96,070.00 :f

H1800274


As per Contract, Seller's Proposal or Seller's Order Confinnation, in that order, otherwise FOB plant of manufacture. "WARRANTY - As per Contract between Buyer and Seller, Seller's Proposal or Seller's Order Confirmation, in that order; otherwise, Seller warrants to Buyer that the products invoiced herein are manufactured in accordance with the applicable specifications and are free of defects in material and workmanship; provided, however, that Seller's obligation under this warranty (1) shall not cover or apply to any product, accessory, part or attachment which is not manufactured by Seller, except to the extent the manufacturer of any such item provides a s1mifar warranty to Seller; (2) is limited to the obligation of repairing or replacing




nnn nnn 73.507.50


From: AccountsPayable Shared MailboxSubject: EXTERNAL: RE: Trinity Containers/KP Engineering PO J1711-063To: Anita KingSent: August 9, 2018 5:22 PM

CAUTION: This email originated from outside Trinity. Unless you were expecting this email, don tclick on links or attachments. If you would like IT security to review first, please forward this emailto [email protected]. Thank You.

Good afternoon Anita, Current open and pending payments related to the J1711-Johnson job have been placed on holdpending resolution of a contract matter with our customer on the job. For more information on theJohnson job, please contact Kyle McCoy (903) 630-5200. Best regards, Kristal Morris

5555 Old Jacksonville Hwy Tyler, TX 75703Main: (903) 534-9155 Direct: (903) 630-5252Fax: (903) [email protected] CONFIDENTIALITY NOTICE: This message, including any attachments, is intended only for the person(s) to whom it isaddressed and may contain confidential or privileged material. Any unauthorized review, use, disclosure, or distribution is strictlyprohibited. If you are not the intended recipient or authorized to view such information, please contact the sender by return e-mail and destroy all copies of the original message promptly From: Anita King <[email protected]> Sent: Wednesday, August 08, 2018 3:41 PMTo: AccountsPayable Shared Mailbox <[email protected]>Subject: Trinity Containers/KP Engineering PO J1711-063 AP, Please advise with payment status of past due invoices attached, 1460989-1461272 under PO J1711-063. Thank you

ARCOSA0000010


Lucy Morton


Anita KingBU Credit ManagerPhone: 214-589-2544Email: [email protected] Notice: This email message, including any attachments, contains information belonging to TrinityIndustries, Inc. and its business units. It has been sent solely for the use of the intended recipients andmay be confidential, proprietary, copyrighted, and legally privileged. If you are not an intended recipient,please advise the sender of the error and permanently delete all copies of this email, including anycopies that may reside in your deleted box. The unauthorized review, use, disclosure, distribution, orcopying of this email or its contents is strictly prohibited. Notice: This email message, including anyattachments, contains information belonging to Trinity Industries, Inc. and its business units. It has beensent solely for the use of the intended recipients and may be confidential, proprietary, copyrighted, andlegally privileged. If you are not an intended recipient, please advise the sender of the error andpermanently delete all copies of this email, including any copies that may reside in your deleted box.The unauthorized review, use, disclosure, distribution, or copying of this email or its contents is strictlyprohibited.

ARCOSA0000011


From: Anita KingSubject: Trinity Containers/Targa Johnson ProjectTo: [email protected]: Don WallaceSent: August 23, 2018 3:05 PMAttached: PO J1711063.pdf

Good morning Pedro. Please find attached invoice for the Johnson Project, PO J1711063. Will you please reviewand forward to AP for payment processing? If you need anything additional, please contact us. Thank you Anita KingBU Credit ManagerPhone: 214-589-2544Email: [email protected]

ARCOSA0000145


Lucy Morton


Trinity Containers, LLC Remittance: PO Box 732666, Dallas, TX 75373-2666


SHIP TO PO BOX 732666 INVOICE TARGA DALLAS, TX 75373-2666 NUMBER 146098972 SITE - MIDLAND, TX DATE PAGE Telephone : 214-589-2544 21-Aug-18 1 of 1

PURCHASE ORDER NO.

SALES ORDER NO. DATEBILL TO 969574-969556

KP ENGINEERING LP CUSTOMER NO. LOCATION NO. ACCOUNTS PAYABLE 175696 TYLER 5555 OLD JACKSONVILLE HWY TERMS TYLER, TX 75703 UPON RECEIPT

DUE DATE SALESPERSON CUSTOMER CONTACT SHIP DATE SHIP VIA FOB21-Aug-18 DON WALLACE 20-MAY-18 CPU "SEE BELOW"

FREIGHT TERMS BILL OF LADING NO. DISTRIBUTOR ORDER NO. DISTRIBUTOR PO NO. WAREHOUSE NO. NONE 09 HD

LINE DESCRIPTION UOM QUANTITY TAX UNIT EXTENDEDNO. ORDERED ON ORDER PRICE USD AMOUNT USD

1 STORAGE 60,000 WG, 131.875" EACH 3 3 N PER PO 469,501.25$ Balance Due PO J1711063 S1800010, S1800015, S1800016

2 STORAGE NGL 30,000 WG, -20F EACH 4 4 N PER PO 310,583.75$ Balance Due PO J1711063 H1800267, H1800274, H1800276, H1800278


SPECIAL INSTRUCTIONS SUBTOTAL TAX FREIGHT TOTAL USD

780,085.00 0.00% 0.00 780,085.00$ Payment instructions/options:

US Mail: Trinity Containers PO Box 732666, Dallas Texas 75373-2666Over night: JP Morgan Chase (TX1-0029), ATTN: Box 732666 Trinity Containers, 14800 Frye Rd, 2nd Fl., Ft. Worth, TX 76155

"WARRANTY - As per Contract between Buyer and Seller, Seller's Proposal or Seller's Order Confirmation, in that order; otherwise, Seller warrants to Buyer that the products invoiced herein are manufactured in accordance with the applicable specifications

(1) shall not cover or apply to any product, accessory, part or attachment which is not manufactured by Seller, except to the extent the manufacturer of any such item provides a similar warranty to Seller;(2) is limited to the obligation of repairing or replacing, at Seller's sole election, any product found to be in breach of this warranty and returned to Seller by Buyer within one year from the date the product was first delivered by Seller to Buyer, provided Seller's examination of the product confirms a breach of this warranty by Seller


J1711-063

ARCOSA0000146


From: Rodriguez Jr, PedroSubject: RE: [EXTERNAL] Trinity Containers/Targa Johnson ProjectTo: Anita KingCc: Don WallaceSent: August 23, 2018 3:08 PM

Hello and Received. These invoices are not being handled the normal way. I will forward to the correctgroup handling all Johnson Plant (KPE) related invoices. They may contact you if anything else isrequired. Pedro Rodriguez, JuneTarga ResourcesOffice: 713-584-1053Email: [email protected] From: Anita King [mailto:[email protected]] Sent: Thursday, August 23, 2018 10:05 AMTo: Rodriguez Jr, PedroCc: Don WallaceSubject: [EXTERNAL] Trinity Containers/Targa Johnson Project Good morning Pedro. Please find attached invoice for the Johnson Project, PO J1711063. Will you please reviewand forward to AP for payment processing? If you need anything additional, please contact us. Thank you Anita KingBU Credit ManagerPhone: 214-589-2544Email: [email protected] Notice: This email message, including any attachments, contains information belonging to TrinityIndustries, Inc. and its business units. It has been sent solely for the use of the intended recipients and maybe confidential, proprietary, copyrighted, and legally privileged. If you are not an intended recipient,please advise the sender of the error and permanently delete all copies of this email, including any copiesthat may reside in your deleted box. The unauthorized review, use, disclosure, distribution, or copying ofthis email or its contents is strictly prohibited. Notice: This email message, including any attachments,contains information belonging to Trinity Industries, Inc. and its business units. It has been sent solely forthe use of the intended recipients and may be confidential, proprietary, copyrighted, and legally privileged.If you are not an intended recipient, please advise the sender of the error and permanently delete all copiesof this email, including any copies that may reside in your deleted box. The unauthorized review, use,disclosure, distribution, or copying of this email or its contents is strictly prohibited.

CAUTION: [External Email] Use very high caution, especially if this message contains attachments, links,or requests for information. As a first defense, hover (with your mouse pointer) over email addresses and

links to see the actual locations.

ARCOSA0000149


Lucy Morton


This email (including any attachments and accompanying emails) may contain proprietary and confidential information. If you are not the intended recipient,please telephone the sender and immediately delete this e-mail (including any attachments and accompanying emails). Please do not replicate, disclose,distribute, forward, or retain this e-mail or any part of this email. Thank you.

ARCOSA0000150


Doc-29555

***** Electronically Recorded Document *****

Midland County Alison Haley County Clerk

Document Number: 2018-29555

Recorded As : ERX-RECORDING

Recorded On:

Recorded At:

Number of Pages:

Recording Fee:

Parties:

Receipt Number:

Processed By:

October 11, 2018

03:06:05 pm

6

$42.00

Direct-

Indirect- NOT REQUIRED

586774

Cristella Gonzalez

***THIS PAGE IS PART OF THE INSTRUMENT*** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY

because of color or race is invalid and unenforceable under federal law.

State of Texas County of l\Iidland I hereby certify thnt this im,irument was fIL.ED on the date and at the time ~iamped hereon by me and \'-'as duly RECORDED in the named RECORDS of Midland County, Texas as stamped hereon.

County Clerk Midland County, Texas


Lucy Morton


Doc-29555

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

AFFIDAVIT CLAIMING LIEN

BEFORE ME, the undersigned authority, personally appeared David McGuire who upon his/her oath deposed and stated the following:

1. My name is David McGuire. I am President of Trinity Containers, LLC, hereinafter sometimes referred to as "Claimant." I am over 18 years of age and am competent and authorized to make this affidavit. I have personal knowledge of the facts stated in this affidavit, and they are true and correct.

2. Claimant's mailing address is P.O. Box 732666, Dallas Texas 75373. Claimant's physical address is 2525 N. Stemmons Freeway, Dallas, Texas 75207.

3. Claimant furnished labor and materials for improvements to the real property described herein under a contract by and between Claimant and KP Engineering, LP, the original contractor on the Project, whose last known address is 5555 Old Jacksonville Hwy, Tyler, Texas 75703.

------~-~=·e__naJlle__()Llhe__UwneLOL-reputoo_UwneLOLthe__property_b,ereinafte.~· ----~ described is: ·

Targa Gas Processing, LLC 1000 Louisiana, Suite 4300 Houston, Texas 77002

and/or

Targa Pipeline Mid-Continent WestTex, LLC 811 Louisiana, Suite 2100 Houston, Texas 77002.

·· and/or-··

Targa Resources Partner, LP 811 Louisiana, Suite 2100 Houston, Texas 77002

5. The labor and material furnished by Claimant is generally described as storage tanks identified in more detail in the invoice attached hereto as Exhibit A.

Trinity Containers, LLC Affidavit Claiming Lien Page 1 of 4


Doc-29555

6. The real property sought to be charged with the lien is described as the fee simple property upon which the Owner or reputed Owner has built the Targa Johnson Plant located in Midland County, Texas. Upon information and belief, the physical address of the Targa Johnson Plant is FM 1379, Midland, Texas 79706.

7. Claimant is a first-tier supplier for the improvements for which a lien is claimed.

8. After allowing all just credits, offsets, and payments, an amount of Seven Hundred Eighty Thousand and Eighty-Five Dollars and No Cents ($780,085.00) remains unpaid and is due and owing to Claimant under its contract with KP Engineering, LP. Claimant claims a lien on said property and improvements under the provisions of Texas Property Code §53.001 et seq. to secure payment of said amount.

9. The month or months that the work was done, and materials were furnished for which payment is requested is June 2018.

10. Notice of the claim was sent to the Owner or reputed Owner on August 23, --------~18-in-accordanc~ith--'I'exas-l'ropetfy-Code-§53-.05-6(-t;}~--------------;

11. One (1) copy of this Affidavit is being sent by Certified Mail, Return Receipt Requested, to the owner described above, addressed to the owner's last known address as described above. One (1) copy of this Affidavit is being sent by Certified Mail, Return Receipt Requested, to the original contractor described above, addressed to the original contractor's last known address as described above.

Trinity Containers, LLC Affidavit Claiming Lien

::s:r/L David McGuire Its; President

Page 2 of 4


Doc-29555

i I

SUBSCRIBED AND SWORN TO BEFORE ME by David McGuire on this the October day of li_, 2018.

My Commission Expires:

I

--------------~!

Trinity Containers, LLC Affidavit Claiming Lien Page3 of4


Doc-29555

AFTER RECORDING, PLEASE RETURN TO:

Travis W. Brown Allensworth & Porter, LLP 100 Congress Ave, Suite 700 Austin, Texas 78701


I i.


Doc-29555

........_ Trinity Containers, LLC ~ ,,, Remittance: PO Box 732666, Dallas, TX 75373-2666

SHIP TO TARGA SITE - MIDlAND, TX

BILL TO KP ENGINEERING LP ACCOUNTS PAYABLE 5555 OLD JACKSONVILLE HWY TYLER, TX 75703

REMITTANCE TRINITY CONTAINERS PO BOX 732666 DALLAS, TX 75373-2666

Telephone: 214-589-2544

INVOICE NUMBER 146098972 DATE IPAGE

21-Aua-18 1 of1 PURCHASE ORDER NO.

J1711-063 SALES ORDER NO. IDATE 969574-969556 CUSTOMER NO. I LOCATION NO.

175696 TYLER TERMS UPON RECEIPT

DUE DATE 21-A -18

SALESPERSON DON WALLACE

CUSTOMER CONT ACT SHIP DATE SHIP VIA FOB 20-MAY-18 CPU

FREIGHT TERMS NONE

BILL OF LADING NO. DISTRIBUTOR ORDER NO. DISTRIBUTOR PO NO.

LINE DESCRIPTION UOM QUANTITY TAX UNIT NO. ORDERED ON ORDER PRICE USO

1 STORAGE 60,000 WG, 131.875" EACH 3 3 N PER PO Balance Due PO J1711063 S1800010, S1800015, S1800016

2 STORAGE NGL 30,000 WG, -20F EACH 4 4 N PER PO Balance Due PO J1711063 H1800267, H1800274, H1800276, H1800278

As per Contract, Seller's Proposal or Seller's Order Confirmation, ln that order, otherwise FOB plant of manufacture.

"SEE BELOW' WAREHOUSE NO.

09 HD

EXTENDED AMOUNT USO

$ 469,501.25

$ 310,583.75

"WARRANTY -As per Contract between Buyer and Seller, Seller's Proposal or Seller's Order Confirmation, In that order; otherwise, Seller warrants to Buyer that the products invoiced herein are manufactured In accordance with the appllcable speclfications

(1) shall not cover or apply to any product, accessory, part or attachment which is not manufactured by Seller, except to the extent the manufacturer of any such item provides a similar warranty to Seller; (2) Is limited to the obligation of repairing or replacing, at Seller's sole election, any product found to be in breach of this warranty and returned to Seller by Buyer within one year from the date the product was first delivered by Seller to Buyer, provided Seller's examination of the product confim,s a breach of this warranty by Seller


SPECIAL INSTRUCTIONS SUBTOTAL

~ ~ TOTAL USO

I 780 085.00 0 0 1$ 780 085.00 Payment Instructions/options:

US Mail: Trinity Containers PO Box 732666, Dallas Texas 75373-2666 Overnight: JP Morgan Chase (TX1-0029), ATTN: Box 732666 Trinity Containers, 14800 Frye Rd, 2nd Fl., Ft. Worth, TX 76155

EXHIBIT

I A


ALLENSWORTH & PORTER, L.L.P.

100 Congress Avenue, Suite 700 Austin, Texas 78701

_______________

Telephone: (512) 708-1250 Facsimile: (512) 708-0519

TRAVIS W. BROWN Email Address:

Board Certified, Construction Law [email protected] Texas Board of Legal Specialization

October 15, 2018

Via Certified Mail,

Return Receipt Requested

Targa Gas Processing, LLC

1000 Louisiana, Suite 4300

Houston, Texas 77002

Targa Pipeline Mid-Continent

WestTex, LLC



Targa Resources Partner, LP



KP Engineering, LP

5555 Old Jacksonville Highway

Tyler, Texas 75703

Re: Notice of Filing of Lien Affidavit and Claim on Construction Project

described as “Targa Johnson Plant” located at FM 1379, Midland, Texas

79706

Unpaid Claim: $780,085.00

To Whom It May Concern:

This firm represents Trinity Containers, LLC (“Claimant”).

As required by Section 53.055 of the Texas Property Code, enclosed is a copy of a

Lien Affidavit and Claim filed on behalf of Claimant with the county clerk of Midland

County, Texas. You are hereby advised that if this account remains unpaid, the property

may be subject to foreclosure for satisfaction of the lien.

If you are not the owner of the property, please notify the undersigned at your

earliest convenience.

Please contact the undersigned to arrange for payment of this claim in return for a

release of the claim of lien.


mailto:[email protected]

Lucy Morton


ALLENSWORTH & PORTER, L.L.P.

October 15, 2018

Page 2

Very truly yours,

Travis W. Brown

TWB/lkm

Encl.

cc: client


Doc-29555

***** Electronically Recorded Document *****

Midland County Alison Haley County Clerk



Recorded On:

Recorded At:

Number of Pages:

Recording Fee:

Parties:

Receipt Number:

Processed By:

October 11, 2018

03:06:05 pm

6

$42.00

Direct-


586774

Cristella Gonzalez

***THIS PAGE IS PART OF THE INSTRUMENT*** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY


State of Texas County of l\Iidland I hereby certify thnt this im,irument was fIL.ED on the date and at the time ~iamped hereon by me and \'-'as duly RECORDED in the named RECORDS of Midland County, Texas as stamped hereon.

County Clerk Midland County, Texas


Doc-29555

STATE OF TEXAS

COUNTY OF DALLAS

§ § §


BEFORE ME, the undersigned authority, personally appeared David McGuire who upon his/her oath deposed and stated the following:

1. My name is David McGuire. I am President of Trinity Containers, LLC, hereinafter sometimes referred to as "Claimant." I am over 18 years of age and am competent and authorized to make this affidavit. I have personal knowledge of the facts stated in this affidavit, and they are true and correct.

2. Claimant's mailing address is P.O. Box 732666, Dallas Texas 75373. Claimant's physical address is 2525 N. Stemmons Freeway, Dallas, Texas 75207.

3. Claimant furnished labor and materials for improvements to the real property described herein under a contract by and between Claimant and KP Engineering, LP, the original contractor on the Project, whose last known address is 5555 Old Jacksonville Hwy, Tyler, Texas 75703.

------~-~=·e__naJlle__()Llhe__UwneLOL-reputoo_UwneLOLthe__property_b,ereinafte.~· ----~ described is: ·


and/or


·· and/or-··

Targa Resources Partner, LP 811 Louisiana, Suite 2100 Houston, Texas 77002




Doc-29555



8. After allowing all just credits, offsets, and payments, an amount of Seven Hundred Eighty Thousand and Eighty-Five Dollars and No Cents ($780,085.00) remains unpaid and is due and owing to Claimant under its contract with KP Engineering, LP. Claimant claims a lien on said property and improvements under the provisions of Texas Property Code §53.001 et seq. to secure payment of said amount.


10. Notice of the claim was sent to the Owner or reputed Owner on August 23, --------~18-in-accordanc~ith--'I'exas-l'ropetfy-Code-§53-.05-6(-t;}~--------------;

11. One (1) copy of this Affidavit is being sent by Certified Mail, Return Receipt Requested, to the owner described above, addressed to the owner's last known address as described above. One (1) copy of this Affidavit is being sent by Certified Mail, Return Receipt Requested, to the original contractor described above, addressed to the original contractor's last known address as described above.


::s:r/L David McGuire Its; President

Page 2 of 4


Doc-29555

i I

SUBSCRIBED AND SWORN TO BEFORE ME by David McGuire on this the October day of li_, 2018.


I

--------------~!

Trinity Containers, LLC Affidavit Claiming Lien Page3 of4


Doc-29555




I i.


Doc-29555

........_ Trinity Containers, LLC ~ ,,, Remittance: PO Box 732666, Dallas, TX 75373-2666

SHIP TO TARGA SITE - MIDlAND, TX

BILL TO KP ENGINEERING LP ACCOUNTS PAYABLE 5555 OLD JACKSONVILLE HWY TYLER, TX 75703

REMITTANCE TRINITY CONTAINERS PO BOX 732666 DALLAS, TX 75373-2666

Telephone: 214-589-2544

INVOICE NUMBER 146098972 DATE IPAGE

21-Aua-18 1 of1 PURCHASE ORDER NO.

J1711-063 SALES ORDER NO. IDATE 969574-969556 CUSTOMER NO. I LOCATION NO.

175696 TYLER TERMS UPON RECEIPT

DUE DATE 21-A -18

SALESPERSON DON WALLACE

CUSTOMER CONT ACT SHIP DATE SHIP VIA FOB 20-MAY-18 CPU

FREIGHT TERMS NONE

BILL OF LADING NO. DISTRIBUTOR ORDER NO. DISTRIBUTOR PO NO.

LINE DESCRIPTION UOM QUANTITY TAX UNIT NO. ORDERED ON ORDER PRICE USO

1 STORAGE 60,000 WG, 131.875" EACH 3 3 N PER PO Balance Due PO J1711063 S1800010, S1800015, S1800016

2 STORAGE NGL 30,000 WG, -20F EACH 4 4 N PER PO Balance Due PO J1711063 H1800267, H1800274, H1800276, H1800278

As per Contract, Seller's Proposal or Seller's Order Confirmation, ln that order, otherwise FOB plant of manufacture.

"SEE BELOW' WAREHOUSE NO.

09 HD

EXTENDED AMOUNT USO

$ 469,501.25

$ 310,583.75

"WARRANTY -As per Contract between Buyer and Seller, Seller's Proposal or Seller's Order Confirmation, In that order; otherwise, Seller warrants to Buyer that the products invoiced herein are manufactured In accordance with the appllcable speclfications

(1) shall not cover or apply to any product, accessory, part or attachment which is not manufactured by Seller, except to the extent the manufacturer of any such item provides a similar warranty to Seller; (2) Is limited to the obligation of repairing or replacing, at Seller's sole election, any product found to be in breach of this warranty and returned to Seller by Buyer within one year from the date the product was first delivered by Seller to Buyer, provided Seller's examination of the product confim,s a breach of this warranty by Seller


SPECIAL INSTRUCTIONS SUBTOTAL

~ ~ TOTAL USO

I 780 085.00 0 0 1$ 780 085.00 Payment Instructions/options:

US Mail: Trinity Containers PO Box 732666, Dallas Texas 75373-2666 Overnight: JP Morgan Chase (TX1-0029), ATTN: Box 732666 Trinity Containers, 14800 Frye Rd, 2nd Fl., Ft. Worth, TX 76155

EXHIBIT

I A


II Print your name and address on the reverse so that we can return the card to you.

1111 Attach this card to the back of the mailpiece, or on the front if space permits.

D Agent D Addressee

C. Date of Delivery

1. Article Addressed to: D. elivery address different from item 1? D Yes

10.,("50.. C10.<:. Prace~;Sil'"\q, LL.C,

l'c>OO L~l.Aisl{r!O\) 'Sv;+e 430v 1-iot;\'!;tol'l > 1ex<:1.<:> 117002

If YES, enter delivery address below: D No

II IIIIIII IIII IIIIII I II I Ill I Ill I 111111111111111 9590 9402 4168 8092 0905 71

3. Service Type □ Adult Signature □ Adult Signature Restricted Delivery

.11!1 Certified Mail®

□ Priority Mail Express® □ Registered Mail™ □ Registered Mail Restricted

Delivery ll'l Return Receipt for

Merchandise □ Certified Mail Restricted Delivery

_____________________ _1 □ Collect on Delivery

2. Article Number {Transfer from service /abe!J □ Collect on Delivery Restricted Delivery - Insured Mail

□ Signature Confirmation™, □ Signature Confirmation

Restricted Delivery 7017 1070 □□□□ 0033 7392 PS Form 381 i, July 2015 PSN 7530-02-000-9053

Insured Mail Restricted Delivery (over$500)

Domestic Return Receipt


6/26/2020 USPS.com® - USPS Tracking® Results

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Tracking Number: 70171070000000337392

Your item was delivered to an individual at the address at 1:06 pm on October 17, 2018 in HOUSTON, TX 77002.

DeliveredOctober 17, 2018 at 1:06 pmDelivered, Left with IndividualHOUSTON, TX 77002

October 17, 2018, 1:06 pm Delivered, Left with Individual HOUSTON, TX 77002 Your item was delivered to an individual at the address at 1:06 pm on October 17, 2018 in HOUSTON, TX 77002.

October 17, 2018, 1:04 pm Tendered to Military Agent HOUSTON, TX 77002

October 17, 2018, 1:47 am Departed USPS Regional Facility NORTH HOUSTON TX DISTRIBUTION CENTER

October 16, 2018, 11:45 am Arrived at USPS Regional Facility NORTH HOUSTON TX DISTRIBUTION CENTER

October 16, 2018, 3:02 am Departed USPS Regional Facility AUSTIN TX DISTRIBUTION CENTER

October 15, 2018, 8:50 pm Arrived at USPS Regional Facility AUSTIN TX DISTRIBUTION CENTER

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Tracking Number: 70171070000000337361

Your item was delivered to the front desk, reception area, or mail room at 11:21 am on October 17, 2018 in TYLER, TX 75703.

DeliveredOctober 17, 2018 at 11:21 amDelivered, Front Desk/Reception/Mail RoomTYLER, TX 75703

October 17, 2018, 11:21 am Delivered, Front Desk/Reception/Mail Room TYLER, TX 75703 Your item was delivered to the front desk, reception area, or mail room at 11:21 am on October 17, 2018 in TYLER, TX 75703.

October 17, 2018, 8:27 am Arrived at Unit TYLER, TX 75703

October 16, 2018, 3:15 pm Departed USPS Regional Facility COPPELL TX DISTRIBUTION CENTER

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2019 - 22821 07/29/2019 3:24PM Page 1 of 10

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

PARTIAL RELEASE OF


Under a contract between Arcosa Tank, LLC f/k/a Trinity Containers, LLC ("Claimant") and KP Engineering, LP, Claimant furnished labor and/or materials generally described as storage tanks to a construction project known as the Targa Johnson Plant and located at FM 1379, Midland, Texas 79706 (the "Property") owned by Targa Gas Processing, LLC and/or Targa Pipeline Mid-Continent WestTex, LLC and/or Targa Resources, Partner, LP ("Owner").

On October 11, 2018, Claimant filed an Affidavit Claiming Lien (the "Lien") in the amount of $780,085.00 in Document No. 2018-29555 of the Official Public Records of Midland County, Texas. The Lien is attached hereto as Exhibit "A."

On December 21, 2018, Claimant received partial payment in the amount of $5,000.00 from KP Engineering, LP. Pursuant to Texas Property Code § 53.152, and conditioned on the receipt of true and valid funds from KP Engineering, LP in the amount of $5,000.00, Claimant hereby reduces its Affidavit Claiming Lien by $5,000.00, and the amount that Claimant now seeks in said Affidavit Claiming Lien is $775,085.00. Claimant continues to assert a lien claim against the Property for $775,085.00 under the provisions of the Texas Constitution, the Texas Property Code, or otherwise.

Claimant represents and warrants that it has not assigned and will not assign any claim for payment, any right to perfect a lien, or any contractual, statutory, or constitutional lien against the Property that may arise in connection with the abovedescribed work.

The person signing this document represents that he is duly authorized to do so on behalf of the undersigned Claimant.

All of the provisions of this document shall bind the undersigned and its agents, legal representatives, successors, and assigns and shall inure to the benefit of Owner's agents, legal representatives, successors, and assigns.

EXECUTED this~ay of~' 2019.

p Mcosa Tank, LLC f/k/a Trinity Containers, LLC

Vice President, General Manager

Arcosa Tank, LLC f/k/a Trinity Containers, LLC's Partial Lien Release Page 1 of3


Lucy Morton


2019 - 22821 07/29/2019 3:24PM Page 2 of 10

STATE OF TEXAS

COUNTY OF DALLAS

ACKNOWLEDGMENT

§ § §

Before me, the undersigned authority, on this day personally appeared Jared Wallace, Vice President, General Manager, for Arcosa Tank, LLC flk/a Trinity Containers, LLC, known to me to be the person whose name is subscribed to the foregoing instrument, who after being by me duly sworn acknowledged that the statements contained above are true and correct, that he executed same for the purposes and consideration therein expressed, and in the capacity therein stated, and as the act and deed of Arcosa Tank, LLC flk/a Trinity Containers, LLC.


"---. ::-::+----'-+~.i.:,-"-'--'~-"-""#----N o t ary the Sta e of Texas

e Monica Villegas '.\101ary Public, State of l'exas

Expires: 10/05/2019

Arcosa Tank, LLC l'lk/a Trinity Containers, LLC's Partial Lien Release Page 2 of3


2019 - 22821 07/29/2019 3:24PM Page 3 of 10



Arcosa Tank, LLC f/k/a Trinity Containers, LLC's Partial Lien Release Page 3 of3


Doc-29566 2019 - 22821 07129/2019 3:24PM Page 4 of 10 ***** Electronically Recorded Document*****

Midland County Alison Haley

County Clerk



Recorded On:

Recorded At:

Number of Pages:

Recording Fee:

Parties:

Receipt Number:

Processed By:

October 11, 2018

03:06:05 pm

6

$42.00

Direct-


586774

Cristella Gonzalez

***THIS PAGE IS PART OF THE INSTRUMENT*** Any proYlslon herein which n..trlcts the Sale, Rental or use olthe described REAL PROPERTY

because of color or race Is inulid and unenforceable under federal law.

State of Texas County of Midland I hereby ceni(y that this im,trument was FTLED on the date ~nd at the time ;1amped here<Jn by me and wa& duh RECORD EU i □ the named RECORDS of Midland County, Texas as stamped hereotL

(; . I'" CountyCl«k I EXHIBIT I IJJMolc n- M;dl,nd County, Tm, A


Doc-29566 2019 - 22821 07/29/2019 3:24PM Page 5 of 10

STATE OF TEXAS

COUNTY OF DALLAS

§ § §


BEFORE :tv1E, the undersigned authority, personally appeared David McGuire who upon his/her oath deposed and stated the following:

1.

2.

3.

My name is David McGuire. I am President of Trinity Containers, LLC, hereinafter sometimes referred to as "Claimant." I am over 18 years of age and am competent and authorized to make this affidavit. I have personal knowledge of the facts stated in this affidavit, and they are true and correct.

Claimant's mailing address is P.O. Box 732666, Dallas Texas 75373. Claimant's physical address is 2525 N. Stemmons Freeway, Dallas, Texas 75207.

Claimant furnished labor and materials for improvements to the real property described herein under a contract by and between Claimant and KP Engineering, LP, the original contractor on the Project, whose last known address is 5555 Old Jacksonville Hwy, Tyler, Texas 75703.

The name._of the QwnP,r_.or_.repu.ted._Qwner_.o~ .. Jhe_propercy._b.ere.inafter _____ ~ described is:


and/or


--- -- --- and/or --

Targa Resources Partner, LP 811 Louisiana, Suite 2100 Houston, Texas ·77002


Trinity Containers, LLC Affidavit Claiming Lien Page1of4


Doc-29566

_______ 2019 - 22821 07129/2019 3:24PM Page6 of 10 ----•----------


7. Claimant is a firsMier supplier for the improvements for which a lien is claimed.

8. After allowing all just credits, offsets, and payments, an amount of Seven Hundred Eighty Thousand and Eighty-Five Dollars and No Cents ($780,085.00) remains unpaid and is due and owing to Claimant under its contract with KP Engineering, LP. Claimant claims a lien on said property and improvements under the provisions of Texas Property Code §53 .001 et seq. to secure payment of said amount.


10. Notice of the claim was sent to the Owner or reputed Owner on August 23, ----------=l-i-in-accordance-with-'l'exas-l'roperty..Code-§53JJS6(1-1--------------,

I 1. One (1) copy of this Affidavit is being sent by Certified Mail, Return Receipt Requested, to the owner described above, addressed to the owner's last known address as described above. One (1) copy of this Affidavit is being sent by Certified Mail, Return Receipt Requested, to the original contractor described above, addressed to the original contractor's last known address as described above.


:sr-JL David McGuire Its: President

Page 2 of4


Doc-29566 2019 - 22821 07/29/2019 3:24PM Page 7 of 10 •••• "W

SUBSCRIBED AND SWORN TO BEFORE ME by David McGuire on this the October day of lL, 2018.


Trinity Containers, LLC Affidavit Claiming Lien Page 3 of4


Doc-29566 2019 - 22821 07129/2019 3:24PM Page 8 of 10



Trinity Containers, LLC Affidavit CJaimlng Lien Page4 of4


Doc-29566 2019 - 22821 07129/2019 3:24PM Page 9 of 10

........._ Trinity Containers, LLC ""11111111 ,,, Remittance: PO Box 732666, Dallas, TX 75373-2566

SHIP TO ,ARGA SITE - MIDLAND, TX

BILL TO KP ENGINEERING LI' ACCOUNTS PAYABLE 5555 OLD JACKSONVILLE HWY TYLER, TX 75703


l'O BOX 732666 DALLAS, TX 76373-2600

Telephone: 214-6£1g.2544

OUEDATE 1s~s~~~~E I CUSTOMER CONTACT SHIP DATE 2J-A•~18 20-MAY-18

FREIGHT TERMS IBILL OF LADING NO. I DISTRIBUTOR ORDER NO. NONE

UNe DESCRIPTION UOM QUANTITY NO. OROE!IED OOOIIDER

' STORAGE 80,000 WG, 131.875" CACH , , Balanee Due PO J1711063 5130001 0, S1 800015, S1000016

' STORAGE NGL 30,000 WG, -20F CACH ' < Balance Due PO J1711063 H1800267, H1&0027◄,H1800276, H1600278

INVOICE

NUMBER 1460118972 OATIS rAGE

21-Au ..... 18 ,., PURCHASE ORDER NO.

J1711-063

!:9L5~!':

9~;; NO. IDATE

CUSTOMER NO. I LOCATION NO. 175696 TYLER

TERMS UPONRECEIF'T

SHIPVIA l~:E~ BELOW' c,u

DISTRIBUTOR PO 1'40. I WAREHOUSE NO, 09 HD

,AX "N" EXTENDED PRICE USD AMOUNT USD

N PER PO • 4139,501.25

N PER PO • 310,563.75

As per Contract, Sellar's Proposal or Sallal's OrderConfirmabon, In thal Ofdef, otllerwise FOB plant of manufacture.

'WARRANTY -As per Contract between Buyer and Seller, Seller's Proposal or Sellar's Order Conflmiation. In 1hat o«lar, olllerl\lse, Seller warrants to Buyer that the PfOdUcts invoiced harain are manufactured In accordance v.ttll the applicable specifications

(1) shall not 00\lf!f or apply to any product, accessory, part or attachment v.tllch Is not manufactured by Seller, except to tha extent tha manufacturer of any such item proyldes a similar warranty to Seller; (2) Is limited to the obligaUon of repall'ing or replacing, at Seller's sole election, any pr00Uc\ found to be In breach of 1hls warranty and returnf!(I to Sellar by Buyer llilhlrl one y&a1 from the date the product was first delivered by Setler to &Iyer, provi(lad Seller's exam(natlon of the prod\Jct COl'lfirms a breach of this warranty by Sol«

ll·tlS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AHY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND SPECIFICALLY IN LIEU OF ALL INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES."

SPECIAL INSTRUCTIONS SUBTOTAL r.::1 r::j TOTAL USO

I 100 oss.oo 000% 0.00 1, 780 085.00 Payment ln11truct1onalopUona.

US Mall: Trinity Contaln9!"S PO BOK 732666, Dallas Te~aa 75373-2666 overnight: JP Morgan Chase (TX1-0029J, ATTN: Box 732666 Trinity Containers, 14800 Frye Rd, 2nd Fl., Ft. Worth, TX 76155


2019-22821 07/29/2019 3:24 PM Page 10 of 10


Midland County Clerk

Instrument Number: 22821

eRecording - Real Property

PARTIAL RELEASE

Recorded On: July 29, 2019 03:24 PM Number of Pages: 10

" Examined and Charged as Follows: "

Total Recording: $58.00

••••••••••• THIS PAGE 15 PART OF THE INSTRUMENT••••••••••• Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY


File Information: Record and Return To:

Document Number: 22821

20190729000175

ERX

Receipt Number:

Recorded Date/Time: July 29, 2019 03:24 PM

User:

Station:

Amanda D

cc10297

STATE OF TEXAS COUNTY OF MIDLAND

I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Midland County, Texas.

Alison Haley /1 . . ~ Midland County Clerk U)_.w~I-. Midland County, TX


2020 - 18109 06/26/2020 1:28PM Page 1 of 20

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

PARTIAL RELEASE OF



On October 11, 2018, Claimant filed an Affidavit Claiming Lien in the amount of $780,085.00 in Document No. 2018-29555 of the Official Public Records of Midland County, Texas (the "Lien"). The Lien is attached hereto as Exhibit "A."

On July 29, 2019, Claimant filed a Partial Release of Affidavit Claiming Lien in Document No. 22821 of the Official Public Records of Midland County, Texas, reducing its Lien to $775,085.00 ("First Partial Release"). The First Partial Release is attached hereto as Exhibit "B." Claimant hereby reduces its Lien further by $469,501.25, and the amount that Claimant now seeks in said Lien is $305,583.75. Claimant continues to assert a lien claim against the Property for $305,583.75 under the provisions of the Texas Constitution, the Texas Property Code, or otherwise.




EXECUTED this Q4 day of :f,.._N'1 , 2020.

Arcosa Tank, LLC f/k/a Trinity Containers, LLC

Its: Vice President, General Manager

Arcosa Tank, LLC f/k/a Trinity Containers, LLC'• Partial Lien Release Pagel of3


Lucy Morton


2020 - 18109 06/26/2020 1:28PM Page 2 of 20

STATE OF TEXAS

COUNTY OF DALLAS

ACKNOWLEDGMENT

§ § §

Before me, the undersigned authority, on this day personally appeared Jared Wallace, Vice President, General Manager for Arcosa Tank, LLC f/k/a Trinity Containers, LLC, known to me to be the person whose name is subscribed to the foregoing instrument, who after being by me duly sworn acknowledged that the statements contained above are true and correct, that he executed same for the purposes and consideration therein expressed, and in the capacity therein stated, and as the act and deed of Arcosa Tank, LLC f/k/a Trinity Containers, LLC.


1/P.3/~oJ.o

Notary Public in and for the State ofTexas

CAS51£ POlHTS ,_, ,,...,,.,, Notary ID #2 S 12 \ 78

Mv eomn,1.,100 txplre, ; Apnl 23, 2022 ~ .... ________ __,,,

Arcosa Tank, LLC f/11/a Trinity Containers, LLC's Partial Lien Release Page 2 of3


2020 - 18109 06/26/2020 1:28PM Page 3 of 20



Arcosa Tank, LLC f/k/a Trinity Containers, LLC's Partial Lien Release Page3 of3


Doc-

" • '"""" ~'[1

~s..~

2020-18109 06/26/2020 1:28PM Page4of20

.,.,.,.,., Elec:tronic:ally Recorded Document.,.,.,.,.,


County Clerk



Recorded On:

Recorded At:

Number of Pages:

Recording Fee:

Parties:

Receipt Number:

Processed By:

October 11, 2018

03:06:05 pm

• $42.00

Direct-


586774

Cristella Gonzalez

"'""'THIS PAGE IS PART OF THE INSTRUMENT""""' ....... poo•lslo .. he,eln which IHUl<ls tlle Sale. Re1dal o, UH ol lhe described REAL PROPERTY

beceuse ol colo, o, ,ece is ln ... lld end unenfo,ceeble unde,tede,al lew.

State of Texas County of .Midland I hereby cert,(y that this rnsirument was HLED on the date and at the time stamped hereon by me and was duly RtCOIU)lll) iothe named Rl!CORUS of Midland Cc,u11ty, 'J'exas as s1amped hereon.

f; . If 0 CoontyCle,k I EXHIBIT I W,a,'c 'flJ Mldlond County, T,m A


Doc-29566 2020-18109 06/26/2020 1:28PM Page5of20

STATE OF TEXAS

COUNTY OF DALLAS

§ § §


BEFORE :tv1E, the undersigned authority, personally appeared David McGuire who upon his/her oath deposed and stated the following:

1.

2.

3.

My name is David McGuire. I am President of Trinity Containers, LLC, hereinafter sometimes referred to as "Claimant." I am over 18 years of age and am competent and authorized to make this affidavit. I have personal knowledge of the facts stated in this affidavit, and they are true and correct.

Claimant's mailing address is P.O. Box 732666, Dallas Texas 75373. Claimant's physical address is 2525 N. Stemmons Freeway, Dallas, Texas 75207.

Claimant furnished labor and materials for improvements to the real property described herein under a contract by and between Claimant and KP Engineering, LP, the original contractor on the Project, whose last known address is 5555 Old Jacksonville Hwy, Tyler, Texas 75703.

The name._of the QwnP,r_.or_.repu.ted._Qwner_.o~ .. Jhe_propercy._b.ere.inafter _____ ~ described is:


and/or


--- -- --- and/or --

Targa Resources Partner, LP 811 Louisiana, Suite 2100 Houston, Texas ·11002


Trinity Containers, LLC Affidavit Claiming Lien Page1of4


Doc-29566 ------~2020-18109 06/26/2020 1:28PM Page6of2() _____________ _


7. Claimant is a firsMier supplier for the improvements for which a lien is claimed.

8. After allowing all just credits, offsets, and payments, an amount of Seven Hundred Eighty Thousand and Eighty-Five Dollars and No Cents ($780,085.00) remains unpaid and is due and owing to Claimant under its contract with KP Engineering, LP. Claimant claims a lien on said property and improvements under the provisions of Texas Property Code §53 .001 et seq. to secure payment of said amount.


10. Notice of the claim was sent to the Owner or reputed Owner on August 23, ----------=l-i-in-accordance-with-'l'exas-l'ropertJLCode-§53JJS6(1-1---------------,

I 1. One (1) copy of this Affidavit is being sent by Certified Mail, Return Receipt Requested, to the owner described above, addressed to the owner's last known address as described above. One (1) copy of this Affidavit is being sent by Certified Mail, Return Receipt Requested, to the original contractor described above, addressed to the original contractor's last known address as described above.


:sr-JL David McGuire Its: President

Page 2 of4


Doc-29566

2020 - 18109 06/26/2020 1:28PM Page7 of20 ····,~~..-

SUBSCRIBED AND SWORN TO BEFORE ME by David McGuire on this the October day of lL, 2018.


Trinity Containers, LLC Affidavit Claiming Lien Page 3 of4


Doc-29566 2020-18109 06/26/2020 1:28PM Page8of20



Trinity Containers, LLC Affidavit CJaimlng Lien Page4 of4


Doc-29566 2020-18109 06/26/2020 1:28PM Page9of20

........._ Trinity Containers, LLC ""11111111 ,,, Remittance: PO Box 732666, Dallas, TX 75373-2566

SHIP TO ,ARGA SITE - MIDLAND, TX

BILL TO KP ENGINEERING LI' ACCOUNTS PAYABLE 5555 OLD JACKSONVILLE HWY TYLER, TX 75703


l'O BOX 732666 DALLAS, TX 76373-2600

Telephone: 214-6£1g.2544

OUEOATE 1s~s~~~~E I CUSTOMER CONTACT SHIP DATE 2J-A•~18 20-MAY-18

FREIGHT TERMS IBILL OF LADING NO. I DISTRIBUTOR ORDER NO. NONE

UNe DESCRIPTION UOM QUANTITY NO. OROE!IED OOOIIDER

' STORAGE 80,000 WG, 131.875" CACH , , Balanee Due PO J1711063 5130001 0, S1 800015, S1000016

' STORAGE NGL 30,000 WG, -20F CACH ' < Balance Due PO J1711063 H1800267, H1&0027◄,H1800276, H1600278

INVOICE

NUMBER 1460118972 OATIS rAGE

21-Au ..... 18 ,., PURCHASE ORDER NO.

J1711-063

!:9L5~!':

9~;; NO. IDATE

CUSTOMER NO. I LOCATION NO. 175696 TYLER

TERMS UPONRECEIF'T

SHIPVIA l~:E~ BELOW' c,u

DISTRIBUTOR PO 1'40. I WAREHOUSE NO, 09 HD

,AX "N" EXTENDED PRICE USO AMOUNT USO

N PER PO • 4139,501.25

N PER PO • 310,563.75

As per Contract, Sellar's Proposal or Seller's OrderConfirmabon, In thal Ofdef, otllerwise FOB plant of manufacture.

'WARRANTY -As per Contract between Buyer and Seller, Seller's Proposal or Seller's Order Conflmiation. In 1hat o«lar, otllerl\lse, Seller warrants to Buyer that the PfOdUcts invoiced harain are manufactured In accordance v.ttll the applicable specifications

(1) shall not 00\lf!f or apply to any product, accessory, part or attachment v.tllch Is not manufactured by Seller, except to 1ha extent tha manufacturer of any such item proyldes a similar warranty to Seller; (2) Is limited to the obligaUon of repall'ing or replacing, at Seller's sole election, any pr00Uc\ found to be In breach of this warranty and returnf!(I to Sellar by Buyer llilhlrl ona '/&al from the date the product was first delivered by Seller to &Iyer, provi(lad Seller's exam(natlon or the prod\Jct COl'lfirms a breach of this warranty by Sol«

ll·tlS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING AHY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND SPECIFICALLY IN LIEU OF ALL INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES."

SPECIAL INSTRUCTIONS SUBTOTAL r.::1 r::j TOTAL USD

I 100 oss.oo 000% 0.00 1, 780 085.00 Payment ln11truct1onalopUona.

US Mall: Trinity Containers PO BOK 732666, Dallas Te~aa 75373-2666 overnight: JP Morgan Chase (TX1-0029J, ATTN: Box 732666 Trinity Containers, 14800 Frye Rd, 2nd Fl., Ft. Worth, TX 76155


2020 - 18109 06/26/2020 1:28PM Page 10 of 20

2019 - 22821 07/29i2019 3:24PM P- 1 or 10

STATE OF TEXAS

COUNTY OF DALLAS

§ § §

PARTIAL RELEASE OF



On October 11, 2018, Claimant filed an Affidavit Claiming Lien (the "Lien") in the amount of$780,085.00 in Document No. 2018-29555 of the Official Public Records of Midland County, Texas. The Lien is attached hereto as Exhibit "A."

On December 21, 2018, Claimant received partial payment in the amount of $5,000.00 from KP Engineering, LP. Pursuant to Texas Property Code § 53.152, and conditioned on the receipt of true and valid funds from KP Engineering, LP in the amount of $5,000.00, Claimant hereby reduces its Affidavit Claiming Lien by $5,000.00, and the amount that Claimant now seeks in said Affidavit Claiming Lien is $775,085.00. Claimant continues to assert a lien claim against the Property for $775,085.00 under the provisions of the Texas Constitution, the Texas Property Code, or otherwise.




EXECUTED this~ay of~, 2019.

P Mcosa Tank, LLC f/k/a Trinity Containers, LLC

Vice President, General Manager

Arcosa Tank, LLC f/k/a Trini1y Containers, LLC's Partial Lien Release Pagel or3

EXHIBIT

B


2020 - 18109 06/26/2020 1:28PM Page 11 of 20

2019 - 22821 07/29i2019 3:24PM P- 2 or 10

STATE OF TEXAS

COUNTY OF DALLAS

ACKNOWLEDGMENT

§ § §

Before me, the undersigned authority, on this day personally appeared Jared Wallace, Vice President, General Manager, for Arcosa Tank, LLC f/k/a Trinity Containers, LLC, known to me to be the person whose name is subscribed to the foregoing instrument, who after being by me duly sworn acknowledged that the statements contained above are true and correct, that he executed same for the purposes and consideration therein expressed, and in the capacity therein stated, and as the act and deed of Arcosa Tank, LLC f/k/a Trinity Containers, LLC.


Notary ublic in and for the St e of Texas

e MOiiica VIiiegas Sotary ._b11~. Sta~ofTit:HS

Expl,es:1W05/2019

Arcosa Tank, LLC tlk/a Trinity Contai■ers, LLC's Partial Liea Release Pagel of3


2020 - 18109 06/26/2020 1:28PM Page 12 of 20

2019 - 22821 07/29i2019 3:24PM P- 3 or 10



Arcosa Tank, LLC f/k/a Trinity Con1alners, LLC's Partial Lien Release Page3 of3


2020 - 18109 06/2612020 1:28PM Page 13 ot20

2019 - 22821 07J29J2019 3:24PM Page 4 ol' 10 ••••• l!lectronlcally ft•cord•d Docum.nt •••••


County Clerk


Recor-ded As : ERX-RECORDING

Recorded On:

Recorded At

Number- of Pages:

Recording Fff:

Parties:

Receipt Number:

Processed By:

October 11, 2018

03:06:05 pm

• $42.00

Direct-


586774

Cristella Oonzalez

•'"'"THIS PAGE IS PART OF THE INSTRUMENT* u - p,~.., ...... -n whl<.h ..,...,_ - ...... R_ ...... UH oltha dH&•-d RU.L ....,PERTV

beeauH ..r ui.r •• raca 111 lnu .. -,d u ... -~ .. - _,,.., ,.,..,,.. law,

State of Texa! Cn11nty of Midbnrt I Ml'C'by cert<f:I· thatthi• instrument wa• FILED on the di.m nnd at th<, time stamped here<1n by me nnd "'"" dul}Rcl.:ORD!,'.U in the named R!cCON.D:'i of Midland. County, 'J'eus ns stain?"(I hereorL

fi · 1' n c-ntyCle.-k I EXHIBIT I w,,,,,.,_ n- Mldl,nd Coonty, T,m A


2020 - 18109 06/2612020 1:28PM Page 14 ot20

2019 - 22a21 0112812019 3:24PM Page {i or 10

STATE OF TEXAS

COUNTY OF DALLAS

§ § §


BEFORE :ME, the utJ.dctsigned authority, peraona.lly appented David McGuire who upon his/her oath deposed and stated the following:

l. My name is David McGuire. I am President of Trinity Containers, LLC, hereinafter sometimes referred to as '"Claimant." I am over 18 years of age and ru.n competent and authorized to make this affidavit. I have personal knowledge ofthe facts stated in this llffido.vit, and they a.re true nnd correct.

2. Claimant's mailing adclJ:ess is P.O. Box 732666, Dalla.s Texas 75373. Claimant's physical address is 2525 N. Stemmons Freeway, Dallwi. Texas 75207.

3. Cla.i1.1u1.11t Liln1ishicid labor ru1d .trlat.erials for improv"etnta.al:; tu lhici t~al property described herein under a contract by and between Claimant and KP Engineering, LP. the original contractor on the Project, whose last known address is 5555 Old Jrwksooville Hwy, Tylet', Tex'.HS 75703.

The mime of the Qu.mp~ted..-.Uwner-.o~--the-properly bereio<>.ff:"-'-----~ described is:

TRrga Gas Pro<'e&1ing., LLC 1000 Louisiana, Suite 4300 Houston, Texas 77002

and/or

Targa Pipeline Mid-Continent WcstTcx. LLC 811 Louisiat1a, Suite 2100 Houston, Texas 77002.

-- -- and/or __ _

Targa Resowces Partner. LP 811 Louisiana., Suite 2100 Houston, Texas ·11002

5. The laboc and material fumishvd by Claimant is gonerally de.scribed as storage tanks identified in more detail in the invoice attached hereto as Exhibit A.

Trlnit.1 Coablinen, Li.c Affidavit Clalakt.g l'..iu. l'lla;e l 014


2020 - 18109 06/2612020 1:28PM Page 15 ot20

________ 2019 - 22a21 0112812019 3:24PM Page 6 or 10 _________ ... _,..,._ ..... _,_~_..,,,

6. The real property sought to be charged with the Hen is described as the foe simple property upon whioh the Owner or reputed Owner has built the Targa Johnson Plant located in Midland County, Texas. Upon information and belief, the physical address of the Targa Johnson Plant is FM 1379, Midland, Texas 79706.


8. After nllowing all just crcdi~, offsets, and payment.<i, an fllD.011nt of .Seven Hundred Eighty Tllo■sand and Eighty-Five Dollars and No Cents ($780,085.00) remains unpaid and is due and owing to Claimant under its contract with KP Engineering, LP. Claimant claims a lien on sa.id property and improvomcnts under tho provisions of Texas Property Code §53 .001 et seq. to secure payment of said amount.

9. The month or months that the work was dom; and materials were furnished for which payment is requested is June 2018.

10. Notice ofthe claim was sent to the Owner or reputed O\vner on August 23, ----------'ZOJ.B-Ul-accotdance with Texae Propimy Code-§.53..os.6(:•J..------------<

11. One (1) copy of this Affidavit is being sent by Certified Mail. Return Receipt Requested, to the owner described above, addressed to the ownfl.''s lw.t known nddTe.qf! n!I de.qcribed above. One (1) copy of thii. Affidavit i~ being sent by Certified Mail, Return Receipt Requested, to the original contractor described abCJVe, addressed to the original contractor's last known address as described above.

Tmlty C.ont1111bten, T ,T ,C Affidft'Vft ClaiTllllln1 T,len

~:srL David McGuire Its: President


2020 - 18109 06/2612020 1:28PM Page 16 ot20

2019 - 22821 071'2812019 3:24PM Page7 Qf 10 ·····--·····-·--· .... ···

SUBSCRIBED AND SWORN TO BEFORE :r-.IB by David McGuire on this the October day of l.L, 2018,

My Commission Expires~

Trinity Containers, LLC Afflf1vlt Clslml•E: Liu. PllE:e 3 of4

I j·


2020 - 18109 06/2612020 1:28PM Page 17 ot20

2019 - 22821 07J29J2019 3:24PM Page 8 ol' 10

Ali'TER REC..:URDING, PLEASE HXTU.KN TU:

Travis W . .l:lrown Allensworth & Porter, LLP 100 Congre5s Ave, Suite 700 AUBD.n, Texc111 78701

Tl'lnity Cont•IJ!ers, LLC AtfJd1n•it Ci1dmin& Um Pap4ul4


2020 - 18109 06/2612020 1:28PM Page 18 ot20

2019 - 22a21 0112812019 3:24PM Page 9 or 10

..........._ Trihlty Containers, LLC ""11111111111 ,,, RliffllllillQII: PO~ 732ee$, Oli~n, TX 7~373-2See

, ... w ·~ SITE - MIDLAND, TX

KP ENOll'fEERING LP ACCOUNTS PAYAiSLE ijli55 OLD JACKSOl'NILLE Hvn' TYi.ER, TX 7$l'03

REMITTANCE TRINITY CONTAINERS P080X7~ DALLAS, TX 7G:173-2600

elephone , 21.ti09-215.W

INV()ICE -,~sow~n ~-Mra r"'{0f1 "~ '" PURCHASE ORDER NO.

J1711-oo:) ='!-=: NO. IDATE !;U,5.TQNER NO. ILQl;ATIQI\IINO.

Hl>'i-W IT~R ra_, Ul>ONRl!t;EFT

~e 1-crnt~A'i.lACE 1

_ STor.!ER --.. ,ACT ,~..:;~~ I~~-~ l'iiismow-NONE TliRM8 IBILL OF LADIN'l NO. I DISTRISUTOR ORDER NO. DISTRl8UTOR PO 1'10, I WAREHOUSE NO.

w,o ..... DESCRIPT!atl = = ,.., ,- """""'" ,a. -- -~- PRICE USO AMOUNT USD

' sr~c no,ooa Wt::. 'lil1.sts'' '""" ' " " "'"'° • -4Bll,M!1,2l> -~P0.117110!!3 s1aooo1a. s1eooou, s1110001e

' STORAGI! NG!- 30,000 WG, ~Of! ~CH ' ' ' ~·~ • 310,!183.7~ a .. ..,. OU. PO J1711083 H1800267. H1'M:27◄ .H1ll00~7&. H1fl")27tl

/U perconlrad, se1.-, Pl'Op'lMI or Sellel'e Offlel"Conlrmat10n, I~ lhM -. - FOil plan! Of ffl!UIUfaell.lre.

"WARRANT'I' -A• P9" CClntracl:- 13<,prand 5-, s.-. Propoul or s.11111'• Ord9r"Conflnnation. In 111111:Cll'd,,r, --• SWll•warranhl t<, u,..,...111111 the PfOd!Jct- lrwoiced herein are -l'OJl'actured In ~ 'Mth th• applcabte op9:ltlcatlons

(1J &t\:1111 "°' <JOl'llr<>ral'PYID- p,oduct, -ory, ~ or--nt...nlch I• not-~ by s.11•, ..«>ept t<,.,. exi.,1 the m:1nulai:lurar ctanvwch !tam pro-Mos~ 11tmll::1r ~ I<> Saller; (2J is llmlted to lhe <mtl!l3'1on Of MpOilmQ or ~a,::tng. at s,,i~, ~ ~ ,;,rr, prndlJcl kllr.d to r,o. .-i ~ or.-,,. .....uranry ann -.m~"' 8811er t,,jl 8uye, within oneye;l,l'from th@~ Ill,! r;rodu:1- lht~-by~ to Suyer, ~ S-B -.m!Mlloo ofU,,, JY(l<IOOI oooarm,.a ~h otthl&.,,..tranl)r by .... 1l-tlS WARRAmY Ill EO"RlaSBL Y IN 1.111:U OF ALL OTH~ WARRANltS, CXPRll:88 OR llltPLIEO, JNCLUOING Nff WARRANTY OF IIERCHNfT,t,EIILITY OR FIT1'£55 FORAN'I' PARTICULAR PURP051': OR U&f'!, ANP 5Pf':CFICALLY IN Llf':U OF M.L INDIRl':CT, 5P'eC::W.. OR OOralEQUENTIAL DMAOl:8.•

SPECIAL lmlTRUCTlONS '"""'"''- 1-=l - TOTAL USO

I 7IIO~.ool ··- ~ ,, 7BllO!IS,DO

Pa-,t lrtfln,cil,oo US Mall: Tr1nUy Cont-.. PO 1'101< 73a888, o.ri. TN• 78373-2961\1 OVernlghl: ..IP Mor1111n GhaN {TJ;1-0UHJ, ATTN: Po>:~ Trinity Cont_.., 14000 Fl)'ll Rd, 2nd FL, A, Worth, TX 75155

~ ~


2020 - 18109 06/26/2020 1:28PM Page 19 of 20

2019-22821 0712912019 3:24 PM Page 10 of 10





PARTIAL RELEASE

Recorded On: July 29, 2019 03:24 PM Number of Pages: 10

"Examined and Charged as Follows:"


-----• THIS PAGE IS PART OF THE INSTRUMENT-----• Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY

because of co for or race is invalid ar.d unenforceable ur.der federat law.



20190729000175

ERX

Receipt Number:

Recorded Date/Time: July 29, 2019 03:24 PM

User:

Station:

Amanda D

cc10297

STATE OF TEXAS COUNTY OF MIDlAND

I hereby certify that this Instrument was ALED In the FIie Number sequence on the date/time printed hereon, and was duly RECORDED In the Official Records of Midland County, Texas.

Alison Haley /l . . ~ Midland County Clerk (J.J..J,IJl)I,. Midland County, TX


2020-18109 06/26/2020 1 :28 PM Page 20 of 20





Recorded On: June 26, 2020 01 :28 PM Number of Pages: 20

" Examined and Charged as Follows: "


••••••••••• THIS PAGE 15 PART OF THE INSTRUMENT••••••••••• Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY




20200626000063

Corporation Service Company

Receipt Number:

Recorded Date/Time: June 26, 2020 01 :28 PM

User:

Station:

Cristella G

cc10297

STATE OF TEXAS COUNTY OF MIDLAND

I hereby certify that this Instrument was FILED In the File Number sequence on the date/time printed hereon, and was duly RECORDED in the Official Records of Midland County, Texas.

Alison Haley /1 . . ~ Midland County Clerk U)_.w~I-. Midland County, TX


Documents

Case 19-34698 Document 594 Filed in TXSB on 06/26/20 Page ...€¦ · Debtors HANCOCK MECHANICAL, LP, et al. v. Claimant's Notes Claimant's Exhibit No. 1 2 3 Month: June 2018 Yes: