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R2017-168 2017-08-31RESOLUTION NO. R2017-168 A Resolution of the City Council of the City of Pearland, Texas, conveying a right-of-way easement to Lavaca Pipe Line Company for certain pipelines. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain right-of-way easement attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby conveyed to Lavaca Pipe Line Company. PASSED, APPROVED, AND ADOPTED this 31st day of August, A.D., 2017. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Resolution No. R2017-168 Exhibit "A" Tract No(s). BR -546.040 BR -557.010 BR -558.010 BR -572.010 BR -615.000 BR -622.010 BR -622.020 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RIGHT OF WAY AND EASEMENT AGREEMENT CITY OF PEARLAND (hereinafter called "GRANTOR", whether one or more), for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto LAVACA PIPE LINE COMPANY, a Texas company ("GRANTEE"), whose address is 103 Fannin Street, Point Comfort, TX, 77978, its successors and assigns, through this instrument (the "Agreement"), a non-exclusive permanent easement and right of way thirty feet (30') in width to construct, lay, install, operate, maintain, inspect, test, protect, repair, alter, convert, replace in whole or in part, change the size of, relocate within the permanent easement and right of way and remove or abandon in place pipeline(s) for the transportation of crude petroleum, oil, oil products, gas, liquefied minerals or other mineral solutions, or other substances which can be transported through pipelines across, under, over and upon the lands of GRANTOR situated in Brazoria County, Texas, the permanent easement and right-of-way being more particularly described on Exhibit "A" attached hereto and made a part of this Agreement for all purposes. During and for construction, GRANTEE shall also have the use of a temporary easement and right- of-way located parallel and adjacent to the said permanent easement and right-of-way, the temporary easement and right-of-way being more particularly described on Exhibit "A". GRANTEE agrees to occupy the temporary easement and right-of-way only for the length of time necessary to construct and test the original pipeline, but in no event longer than twenty-four (24) months from the date this Agreement is executed. GRANTEE shall have all rights and benefits necessary or convenient for the full enjoyment or use of the rights herein granted, including but not limited to the right of ingress and egress across adjacent lands to and from said permanent easement and right-of-way across existing and future roads. In addition, GRANTOR hereby agrees that in the event the route to be constructed hereunder should cross any roads, railroads, creeks or other waterways located on GRANTOR'S land(s) on which the permanent easement and right-of-way is located, or where extra work space is otherwise required in the exercise of the rights granted hereunder, then GRANTEE shall have the right to use and temporary access to such additional work space. GRANTEE hereby agrees to pay GRANTOR for damages to growing crops, fences, roads or any public improvement disturbed as a result of the use of the said additional work space. GRANTEE shall have the right to install drips, traps, valves, meters, pumps, fittings, connections, risers, pipeline inspection gauge ("pig") equipment, cathodic equipment, AC mitigation and other protective equipment and facilities, and such other above -ground equipment and facilities necessary in the use, operation and maintenance of the pipeline(s). GRANTEE has the right to cut fences. Prior to cutting any fence, GRANTEE shall brace the existing fence on both sides of the right-of-way adequately, and in such manner that there should be no slackening of the wires. While constructing through fenced areas, GRANTEE shall maintain a sufficient guard or deterrent to keep cattle or livestock from crossing one fenced pasture to another. GRANTEE may install gates along any fence lines where the fences cross the permanent easement and right-of-way, including a gate or gates in the fence lines that mark the common boundary between GRANTOR and adjoining owner(s). Any gate installed by GRANTEE shall be a tube- 1 style gate consisting of one (1) gate sixteen (16') feet in width. All gates used by GRANTEE in connection with operations under this Agreement shall be kept locked at all times, except when passing through same, and GRANTEE has the right to install its company locks on said gates when and wherever GRANTOR deems it necessary to have said gates locked. Grantee agrees that after it has exercised its rights to use this Easement in any manner that disturbs the surface of the permanent easement property, it will restore the surface to the condition in which it was in prior to the use of this easement, as reasonably practicable, except as the surface may be permanently modified by the use of this easement. Any surface area of the temporary construction easement that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practical to its condition immediately preceding Grantee's use of this temporary construction easement. GRANTEE agrees to bury the pipeline(s) so that the top of the pipe lies at least thirty-six inches (36") below the surface of the land. GRANTOR agrees to not disturb, alter or interfere with the depth of cover over the pipeline(s) It is understood and agreed that the consideration herein paid for the Agreement includes payment for usual and customary damages incurred in the initial construction of the pipeline(s), including but not limited to tree, crop and surface damages and any damage to public improvements within the permanent easement and right-of-way, the temporary easement and right-of-way, and/or the additional works space. In addition, GRANTEE agrees to pay a fair and reasonable amount (generally being the fair market value for applicable repairs, or replacement if such damage cannot be repaired) for actual damages to roads, fences, ditches, culverts, terraces, livestock, buildings and other public improvements damaged by GRANTEE in the exercise of its rights hereunder; provided, however, GRANTEE shall have the right from time to time to cut and keep clear all trees and/or undergrowth that, in GRANTEE's judgment, may injure, endanger or interfere with the exercise of GRANTEE'S rights and privileges granted herein without being liable for damages for such clearing activities within the permanent easement and right-of-way. GRANTOR reserves the right to farm and graze the land, over and across the permanent easement and right-of-way, as well as to fully use and enjoy the premises, subject to the specific rights granted to GRANTEE hereunder; provided, however, GRANTOR shall not construct on or over the permanent easement and right-of-way any buildings, structures or other improvements, natural or man-made obstructions, or lakes or ponds of any nature that interfere with the construction, maintenance, or operation of the pipeline constructed by GRANTEE and any roads, streets, sidewalks, utilities or other pipelines. GRANTOR shall retain all the oil, gas, and other minerals in, on and under the easement; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the easements, but it will be permitted to extract the oil and other minerals from and under the easements by directional drilling and other means, so long as such activities do not damage, destroy, injured, and/or interfere with Grantee's use of the easements for the purposes for which the easements are being sought by Grantee. GRANTEE agrees to comply in all material respect, at its sole cost, with all applicable federal, state and local laws, rules, and regulations which are applicable to Grantee's activities hereunder, including without limitation, the construction, use, operation, maintenance, repair and service of Grantee's Pipeline, associated equipment and appurtenances thereto. Grantee will, insofar as reasonably practicable, level, re -grade, and re -seed the ground disturbed by Grantee's use of the easement and will maintain the easement clean of litter and trash during periods of construction, operation, maintenance, repair or removal. All construction debris shall be cleaned up and removed from Grantor's lands upon completion of installation and construction of the pipeline. GRANTEE SHALL KEEP AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED, INCLUDING ATTORNEYS' FEES, CLAIMED OR RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GRANRTEE, ITS AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS IN THE EXERCISE OF THE RIGHTS REFERENCED HEREIN, UNLESS CAUSED IN WHOLE OR IN PART BY THE NEGLI- GENCE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. GRANTEE shall not permit any of its agents, servants, or employees, or any independent contractor performing service for it to carry any firearms onto the land of GRANTOR or otherwise hunt, fish, picnic or similarly recreate on the land of GRANTOR; provided that GRANTEE's security personnel may carry a firearm if there is a belief that a safety issue may have arisen. GRANTEE shall have the right to assign any of its rights herein granted in whole or in part. GRANTOR represents that GRANTOR owns the lands described in Exhibit "A" attached hereto, and GRANTOR intends for GRANTEE to rely upon this representation. The terns and conditions hereof shall extend to and be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, devisees, successors, and assigns. TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns for so long thereafter as any one or more of said rights or privileges are exercised, or any pipeline, structure or facility installed hereunder is used or remains thereon. GRANTOR hereby binds GRANTOR, its successors and assigns, to warrant and defend all and singular the premises unto the GRANTEE, its successors and assigns, against every person whomsoever claiming the same or any part of it. It is mutually agreed and understood that this Agreement, as written, constitutes all the agreements and stipulations between the parties and no representations or statements, verbal or written, have been made modifying, adding to or changing the terms hereof. This Agreement may be executed in several counterparts, each of which when so executed shall be deemed an original and all of such counterparts, when taken together, shall constitute one and the same instrument. For recording purposes, the separate signature pages and acknowledgments may be affixed to the body of the original instrument without the necessity of recording each separate counterpart in its entirety. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement on this t day of 500eavt. per , 2017. GRANTOR: CITY OF '.ALL AND (S (Printed N sr STATE OF TEXAS COUNTY OF § ACKNOWLEDGEMENT This instrument wasAcknowledged bcfore me on 3.92z . ifii, 2017, by � , 4—v& , i ril of CITY OF D, PEARLANl behalf of the City of Pearland. 0 REBECCA A. BOWERY NOTARY PUBLIC ' • STATE OF TEXAS Notary ID # 1133751-9 Expires: 01-31-2021 My Commission Expires: DI. 31.ADA I After recording, please return to: Atm: Land Manager 23147 HWY 6 Alvin, TX 77511 Notary Public in the STATE of d for L'WZ-4--4-0- BR -622.010 CITY OF PEARLAND CALLED 6.4473 ACRES DOC. No. 2011003748 0.P.R.B.C.T. EXHIBIT "A" BRAZORIA COUNTY, TX HT&B RR CO SURVEY, A-293 POINT OF COMMENCING FND. 5/8" I.R. S45'29'53'W -116.76' 60' WIDE T.W.S. FND. 5/8" I.R. VICINITY MAP N.T.S. R R R BR -621.020 CALLED 2.343 ACRES DOC. No. 2014046470 D.R.B.C.T. S33° 19' 13"E - 71.80' POINT OF BEGINNING S87'08'02"W - 111.81' a POINT OF TERMINATION NOTES 1. AU. BEARINGS & DISTANCES SHOWN HEREON ARE GRID BASED UPON TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM OF 1983 [NA083(2011)(EPOCH:2010.0000)1, U.S. SURVEY FEET, AS DERNED FROM AN ON THE GROUND SURVEY PERFORMED BY TRC PIPELINE SERVICES, LLC IN OCTOBER 2016. 2. THE OWNERSHIP OF THE SUBJECT TRACT, SHOWN HEREIN, IS BASED UPON TITLE RESEARCH CONDUCTED BY TRC PIPELINE SERVICES, LLC. 3. ADDITIONAL TEMPORARY WORKSPACE IS FOR CONSTRUCTION—RELATED ACTIVITIES FOR THIS PIPELINE. 4. THIS SURVEY WAS PERFORMED FOR THE SPECIFIC PURPOSE OF ESTABLISHING A BASEUNE, MAPPING SELECTED FEATURES, AND LOCATING NECESSARY LAND UNES FOR EASEMENT ACQUISITION FOR A PIPEUNE AND TO IDENTIFY THE LOCATION OF THE EASEMENT(S). 5. IF THIS PLAT AND ACCOMPANYING DESCRIPTION ARE NOT SIGNED AND SEALED BY THE SURVEYOR WHOSE NAME APPEARS BELOW, R SHOULD BE CONSIDERED AS A COPY AND NOT THE ORIGINAL . \VA, 1--2 3.17 PHIUP O.3NOLAN REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 6061 SURVEY FIRM UCENSE NO. 10193802 OT RC 16350 Park Ten Place Houston, TX 77084 (281) 616-0100 IFGEND FND. 5/8" I.R. 30' WIDE P.E.R.W. 15' BR -622.020 CALLED 0.1233 ACRES DOC. No. 2009005798 0.P.R.B.C.T. TOTAL DISTANCE ACROSS PROPERTY: OR I 1 TOTAL AREA OF P.E.R.W.: ® TOTAL AREA OF T.W.S.: I.R. I.P. FND. N.T.S. T.W.S. AT.W.S. P.E.R.W. DOC. No. 0.P.R.B.C.T. D.R.B.C.T. -R- 116.76 FEET 7.08 ROOS 0.080 ACRE 0.266 ACRE IRON ROD IRON PIPE FOUND NOT TO SCALE TEMPORARY WORKSPACE ADDMONAL TEMPORARY WORKSPACE PERMANENT EASEMENT & RIGHT OF' WAY DOCUMENT NUMBER OFFICIAL PUBUC RECORDS OF BRAZORIA COUNTY, TX DEED RECORDS OF BRAZORIA COUNTY, TX BROKEN UNE NOT SCALABLE PROPERTY UNE BASEUNE EXISTING PIPEUNE APPROXIMATE ABSTRACT UNE 50 0 50 100 GRAPHIC SCALE IN FEET LAVACA PIPE LINE COMPANY DWG BY: LAT CKD BY: PGN MAP DATE: 1/23/17 SCALE: 1'=100' ETHANE & ETHYLENE PIPELINE PROJECT PERMANENT EASEMENT & RIGHT OF WAY ACROSS THE PROPERTY OF CITY OF PEARLAND BRAZORIA COUNTY, TX REV# DATE DESCRIPTION 0 1/23/17 CERTIFIED DRAWING: BR -622.0101 SHEET NO. 1 OF 2 EXHIBIT "A" LAVACA PIPE LINE COMPANY ETHANE & ETHYLENE PIPELINE CITY OF PEARLAND TRACT NO. BR -622.010 PERMANENT EASEMENT & RIGHT OF WAY Description of a thirty (30) feet wide Permanent Easement & Right of Way situated in the H T & B RR Co, Survey, Abstract No. 293, Brazoria County, Texas and being over, through and across the City of Pearland called 6.4473 acre tract of land described by an instrument recorded under Docurnent Number 2011003748 of the Official Public Records of Brazoria County, Texas (O.P.R.B.C.T), said thirty (30) feet wide Permanent Easement & Right of Way being situated fifteen (15) feet on each side of the herein described baseline, the sidelines of said Permanent Easement & Right of Way being lengthened or shortened to meet the boundary lines of said 6.4473 acre tract, said baseline being more particularly described as follows: COMMENCING at a 5/8 inch iron rod found at the intersection of the north line of said 6.4473 acre tract with west right of way line of Pearland Sites Road; THENCE South 33° 19' 13" East, a distance of 71.80 feet to the POINT OF BEGINNING on the east line of said 6.4473 acre tract and the west line of a called 2.343 acre tract of land described by an instrument recorded under Document Number 2014046470 of the O.P.R.B.C.T.; THENCE South 45° 29' 53" West, a distance of 116.76 feet to the POINT OF TERMINATION on the south line of said 6.4473 acre tract and the north line of a called 0.1233 acre tract of land described by an instrument recorded under Document Number 2009005798 of the O.P.R.B.C.T, from which a 5/8 inch iron rod found on the south line of said 6.4473 acre tract, marking the northwest corner of said 0.1233 acre tract, bears South 87° 08' 02" West, a distance of 111.81 feet. Said baseline having a total distance of 116.76 feet (7.08 rods), said Permanent Easement & Right of Way containing 0.080 acre of land. All bearings and distances shown herein are grid, based upon Texas State Plane Coordinates, South Central Zone 4204, North American Datum of 1983, U.S. Survey Feet, as derived from an on the ground survey performed by TRC Pipeline Services, LLC, conducted in October of 2016. For reference and further information see SHEET NO. 1, drawing number BR -622.010, Rev. 0, same date. 1-23-/7 Philip G. Nolan Registered Professional Land Surveyor Texas Registration No. 6061 Survey Firm License No. 10193802 Date: SHEET NO. 2 OF 2 Resolution No. R2017-168 Exhibit "A" Tract No(s). BR -546.040 BR -557.010 BR -558.010 BR -572.010 BR -615.000 BR -622.010 BR -622.020 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RIGHT OF WAY AND EASEMENT AGREEMENT CITY OF PEARLAND (hereinafter called "GRANTOR", whether one or more), for and in consideration of the sum of Ten Dollars (510.00) and other valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto LAVACA PIPE LINE COMPANY, a Texas company ("GRANTEE"), whose address is 103 Fannin Street, Point Comfort, TX, 77978, its successors and assigns, through this instrument (the "Agreement"), a non-exclusive permanent easement and right of way thirty feet (30') in width to construct, lay, install, operate, maintain, inspect, test, protect, repair, alter, convert, replace in whole or in part, change the size of, relocate within the permanent easement and right of way and remove or abandon in place pipeline(s) for the transportation of crude petroleum, oil, oil products, gas, liquefied minerals or other mineral solutions, or other substances which can be transported through pipelines across, under, over and upon the lands of GRANTOR situated in Brazoria County, Texas, the permanent easement and right-of-way being more particularly described on Exhibit "A" attached hereto and made a part of this Agreement for all purposes. During and for construction, GRANTEE shall also have the use of a temporary easement and right- of-way located parallel and adjacent to the said permanent easement and right-of-way, the temporary easement and right-of-way being more particularly described on Exhibit "A". GRANTEE agrees to occupy the temporary easement and right-of-way only for the length of time necessary to construct and test the original pipeline, but in no event longer than twenty-four (24) months from the date this Agreement is executed. GRANTEE shall have all rights and benefits necessary or convenient for the full enjoyment or use of the rights herein granted, including but not limited to the right of ingress and egress across adjacent lands to and from said permanent easement and right-of-way across existing and future roads. In addition, GRANTOR hereby agrees that in the event the route to be constructed hereunder should cross any roads, railroads, creeks or other waterways located on GRANTOR'S land(s) on which the permanent easement and right-of-way is located, or where extra work space is otherwise required in the exercise of the rights granted hereunder, then GRANTEE shall have the right to use and temporary access to such additional work space. GRANTEE hereby agrees to pay GRANTOR for damages to growing crops, fences, roads or any public improvement disturbed as a result of the use of the said additional work space. GRANTEE shall have the right to install drips, traps, valves, meters, pumps, fittings, connections, risers, pipeline inspection gauge ("pig") equipment, cathodic equipment, AC mitigation and other protective equipment and facilities, and such other above -ground equipment and facilities necessary in the use, operation and maintenance of the pipeline(s). GRANTEE has the right to cut fences. Prior to cutting any fence, GRANTEE shall brace the existing fence on both sides of the right-of-way adequately, and in such manner that there should be no slackening of the wires. While constructing through fenced areas, GRANTEE shall maintain a sufficient guard or deterrent to keep cattle or livestock from crossing one fenced pasture to another. GRANTEE may install gates along any fence lines where the fences cross the permanent easement and right-of-way, including a gate or gates in the fence lines that mark the common boundary between GRANTOR and adjoining owner(s). Any gate installed by GRANTEE shall be a tube- style gate consisting of one (1) gate sixteen (16') feet in width. All gates used by GRANTEE in connection with operations under this Agreement shall be kept locked at all times, except when passing through same, and GRANTEE has the right to install its company locks on said gates when and wherever GRANTOR deems it necessary to have said gates locked. Grantee agrees that after it has exercised its rights to use this Easement in any manner that disturbs the surface of the permanent easement property, it will restore the surface to the condition in which it was in prior to the use of this easement, as reasonably practicable, except as the surface may be permanently modified by the use of this easement. Any surface area of the temporary construction easement that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practical to its condition immediately preceding Grantee's use of this temporary construction easement. GRANTEE agrees to bury the pipeline(s) so that the top of the pipe lies at least thirty-six inches (36") below the surface of the land. GRANTOR agrees to not disturb, alter or interfere with the depth of cover over the pipeline(s) It is understood and agreed that the consideration herein paid for the Agreement includes payment for usual and customary damages incurred in the initial construction of the pipeline(s), including but not limited to tree, crop and surface damages and any damage to public improvements within the permanent easement and right-of-way, the temporary easement and right-of-way, and/or the additional works space. In addition, GRANTEE agrees to pay a fair and reasonable amount (generally being the fair market value for applicable repairs, or replacement if such damage cannot be repaired) for actual damages to roads, fences, ditches, culverts, terraces, livestock, buildings and other public improvements damaged by GRANTEE in the exercise of its rights hereunder; provided, however, GRANTEE shall have the right from time to time to cut and keep clear all trees and/or undergrowth that, in GRANTEE's judgment, may injure, endanger or interfere with the exercise of GRANTEE'S rights and privileges granted herein without being liable for damages for such clearing activities within the permanent easement and right-of-way. GRANTOR reserves the right to farm and graze the land, over and across the permanent easement and right-of-way, as well as to fully use and enjoy the premises, subject to the specific rights granted to GRANTEE hereunder; provided, however, GRANTOR shall not construct on or over the permanent easement and right-of-way any buildings, structures or other improvements, natural or man-made obstructions, or lakes or ponds of any nature that interfere with the construction, maintenance, or operation of the pipeline constructed by GRANTEE and any roads, streets, sidewalks, utilities or other pipelines. GRANTOR shall retain all the oil, gas, and other minerals in, on and under the easement; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the easements, but it will be permitted to extract the oil and other minerals from and under the easements by directional drilling and other means, so long as such activities do not damage, destroy, injured, and/or interfere with Grantee's use of the easements for the purposes for which the easements are being sought by Grantee. GRANTEE agrees to comply in all material respect, at its sole cost, with all applicable federal, state and local laws, rules, and regulations which are applicable to Grantee's activities hereunder, including without limitation, the construction, use, operation, maintenance, repair and service of Grantee's Pipeline, associated equipment and appurtenances thereto. Grantee will, insofar as reasonably practicable, level, re -grade, and re -seed the ground disturbed by Grantee's use of the easement and will maintain the easement clean of litter and trash during periods of construction, operation, maintenance, repair or removal. All construction debris shall be cleaned up and removed from Grantor's lands upon completion of installation and construction of the pipeline. GRANTEE SHALL KEEP AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED, INCLUDING ATTORNEYS' FEES, CLAIMED OR RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GRANRTEE, ITS AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS IN THE EXERCISE OF THE RIGHTS REFERENCED HEREIN, UNLESS CAUSED IN WHOLE OR IN PART BY THE NEGLI- a 1' GENCE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. GRANTEE shall not permit any of its agents, servants, or employees, or any independent contractor performing service for it to carry any firearms onto the land of GRANTOR or otherwise hunt, fish, picnic or similarly recreate on the land of GRANTOR; provided that GRANTEE's security personnel may carry a firearm if there is a belief that a safety issue may have arisen. GRANTEE shall have the right to assign any of its rights herein granted in whole or in part. GRANTOR represents that GRANTOR owns the lands described in Exhibit "A" attached hereto, and GRANTOR intends for GRANTEE to rely upon this representation. The terms and conditions hereof shall extend to and be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, devisees, successors, and assigns. TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns for so long thereafter as any one or more of said rights or privileges are exercised, or any pipeline, structure or facility installed hereunder is used or remains thereon. GRANTOR hereby binds GRANTOR, its successors and assigns, to warrant and defend all and singular the premises unto the GRANTEE, its successors and assigns, against every person whomsoever claiming the same or any part of it. It is mutually agreed and understood that this Agreement, as written, constitutes all the agreements and stipulations between the parties and no representations or statements, verbal or written, have been made modifying, adding to or changing the terms hereof. This Agreement may be executed in several counterparts, each of which when so executed shall be deemed an original and all of such counterparts, when taken together, shall constitute one and the same instrument. For recording purposes, the separate signature pages and acknowledgments may be affixed to the body of the original instrument without the necessity of recording each separate counterpart in its entirety. IN TESTIMONY WHEREOF, 0 �HEREOF, the parties hereto have executed this Agreement on this X8 day of,�KT " ` , 2017. STATE OF TEXAS COUNTY OF ACKNOWLEDGEMENT This ins ment was owledged before me on PEARLAND, behalf of the City of Pearland. REBECCA A. BOWERY NOTARY PUBLIC STATE OF TEXAS Notary ID # 1133751-9 Expires: 01-31-2021 My Commission Expires: 1�• 4,i �o�l After recording, please return to: Attn: Land Manager 23147 HWY 6 Alvin, TX 77511 � 2017, by 7712,rolcJt of CITY OF Notary Public in d for the STATE of EXHIBIT "A" BRAZORIA COUNTY, TX HT&B RR CO SURVEY, A-293 POINT OF COMMENCING FND. 2" I.P. VICINITY MAP N.T.S. S02°46'18"E - 211.08' S44°21'16"W - 200.70' BR -615.000 CRY OF PEARLAND CALLED 80.0001 ACRES DOC. No. 2006042502 O.R.B.C.T. S43°36'21 "W - 590.43' 15' 10' 60' WIDE T.W.S. S43°19'20"W - 225.69' NOTES 30' WIDE P.E.R.W. 10' WIDE T.W.S. CONTINUED ON SHEET 2 OF 3 1. AU. BEARINGS & DISTANCES SHOWN HEREON ARE GRID BASED UPON TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM OF 1983 [N.4083(2011)(EPOCH:2010.0000)]. U.S. SURVEY FEET, AS DERIVED FROM AN ON THE GROUND SURVEY PERFORMED BY TRC PIPELINE SERVICES, LLC IN OCTOBER 2016. 2. THE OWNERSHIP OF THE SUBJECT TRACT, SHOWN HERON, IS BASED UPON TITLE RESEARCH CONDUCTED BY TRC PIPELINE SERVICES, LLC. 3. ADDITIONAL TEMPORARY WORKSPACE IS FOR CONSTRUCTION—RELATED ACTIVITIES FOR THIS PIPEUNE. 4. THIS SURVEY WAS PERFORMED FOR THE SPECIFIC PURPOSE OF ESTABUSHING A BASEUNE, MAPPING SELECTED FEATURES, AND LOCATING NECESSARY LAND UNES FOR EASEMENT ACOUISMON FOR A PIPEUNE AND TO IDENTIFY THE LOCATION OF THE EASEMENT(S). 5. IF THIS PLAT AND ACCOMPANYING DESCRIPTION ARE NOT SIGNED AND SEALED BY THE SURVEYOR WHOSE NAME APPEARS BELOW, R SHOULD BE CONSIDERED AS A COPY AND NOT THE ORIGINAL. • E). Inc 5.22 —(1 PHIUP e\ NOLAN REGISTER PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 6061 SURVEY FIRM UCENSE NO. 10193802 ,TRC 16350 Park Ten Place Houston, TX 77084 (281) 616-0100 TOTAL I FUND I.R. I.P. FND. N.T.S. T.W.S. A.T.W.S. P.E.R.W. DOC. No. O.R.B.C.T. - - - R- rn I DISTANCE POINT OF BEGINNING ACROSS PROPERTY: OR 1 TOTAL AREA OF P.E.R.W.: ® TOTAL AREA OF T.W.S.: TOTAL AREA OF A.T.W.S.: 1,819.98 FEET 110.30 RODS 1.253 ACRES 2.923 ACRES 0.459 ACRE IRON ROD IRON PIPE FOUND NOT TO SCALE TEMPORARY WORKSPACE ADDITIONAL TEMPORARY WORKSPACE PERMANENT EASEMENT & RIGHT OF WAY DOCUMENT NUMBER OFFICIAL RECORDS OF BRAZORIA COUNTY, TX BROKEN UNE NOT SCALABLE PROPERTY UNE BASEUNE EXISTING PIPEUNE APPROXIMATE ABSTRACT UNE 100 0 100 230 WI IM In IN GRAPHIC SCALE IN FEET LAVACA PIPE LINE COMPANY DWG BY: LAT CKD BY: PGN MAP DATE: 5/22/17 SCALE: 1"=200' ETHANE & ETHYLENE PIPELINE PROJECT PERMANENT EASEMENT & RIGHT OF WAY ACROSS THE PROPERTY OF CITY OF PEARLAND BRAZORIA COUNTY, TX REV# DATE DESCRIPTION 2 5/22/17 REVISED T.W.S. 1/30/17 REVISED WORKSPACE DRAWING: BR -615.000 SHEET NO. 1 OF 3 NOTE: EXHIBIT "A" BRAZORIA COUNTY, TX HT&B RR CO SURVEY, A-293 BR -616.000 CALLED 2.15 ACRES it DOC. No. 03 079985 O.R.B.C.T. —R R POINT OF TERMINATION S02°39'05"E - 98.12' 1 VICINITY MAP N.T.S. CONTINUED FROM SHEET 1 OF 3 60' WIDE T.W.S. 30' WIDE P.E.R.W. 11' 15' BR -617.000 CALLED 2.81 ACRES VOLUME 1590, PAGE 610 O.R.B.C.T. SEE SHEET 1 OF 3 FOR NOTES, SIGNATURE, AND SEAL. CTRL Iftwaspur *NW,. 16350 Park Ten Place Houston, TX 77084 (281) 616-0100 S43°13'40"W - 221.74' 10' WIDE T.W.S. S43`29'10''vV - 235.97' S44'29'51 "oV - 217.18' S43'18'58"W - 128.27' FND. 1/2" I.R. BR -615.000 CITY OF PEARLAND CALLED 80.0001 ACRES DOC. No. 2006042502 O.R.B.C.T. 100 0 100 200 GRAPHIC SCALE IN FEET LAVACA PIPE LINE COMPANY DWG BY: LAT CKD BY: PGN MAP DATE: 5/22/17 SCALE: 1"=200' ETHANE & ETHYLENE PIPELINE PROJECT PERMANENT EASEMENT & RIGHT OF WAY ACROSS THE PROPERTY OF CITY OF PEARLAND BRAZORIA COUNTY, TX REV# DATE DESCRIPTION 2 5/22/17 REVISED T.W.S. 1/30/17 REVISED WORKSPACE DRAWING: BR -615.000 SHEET NO. 2 OF 3 EXHIBIT "A" LAVACA PIPE LINE COMPANY ETHANE & ETHYLENE PIPELINE CITY OF PEARLAND TRACT NO. BR -615.000 PERMANENT EASEMENT & RIGHT OF WAY Description of a thirty (30) feet wide Permanent Easement & Right of Way situated in the H T & B RR Co, Survey, Abstract No. 293, Brazoria County, Texas and being over, through and across the City of Pearland called 80.0001 acre tract of land described by an instrument recorded under Document Number 2006042502 of the Official Records of Brazoria County, Texas (O.R.B.C.T), said thirty (30) feet wide Permanent Easement & Right of Way being situated fifteen (15) feet on each side of the herein described baseline, the sidelines of said Permanent Easement & Right of Way being lengthened or shortened to meet the boundary lines of said 80.0001 acre tract, said baseline being more particularly described as follows: COMMENCING at a 2 inch iron pipe found marking the northeast corner of said 80.0001 acre tract of land.; THENCE South 02° 46' 18" East along the cast line of said 80.0001 acre tract, a distance of 211.08 feet to the POINT OF BEGINNING; THENCE across the said 80.0001 acre tract the following courses: South 44° 21' 18" West, a distance of 200.70 feet to a point; South 43° 36' 21" West, a distance of 590.43 feet to a point; South 43° 19' 20" West, a distance of 225.69 feet to a point; South 43° 13' 40" West, a distance of 221.74 feet to a point; South 43° 29' 10" West, a distance of 235.97 feet to a point; South 44° 29' 51" West, a distance of 217.18 feet to a point; THENCE South 43° 18' 58" West, a distance of 128.27 feet to the POINT OF TERMINATION on the west line of said 80.0001 acre tract and the east line of a called 2.15 acre tract of land described by an instrument recorded under Document Number 03 079985 of the O.R.B.C.T., from which a''/2 inch iron rod found in the west line of said 80.0001 acre tract marking the southeast corner of said 2.15 acre tract bears South 02° 39' 05" East, a distance of 98.12 feet. Said baseline having a distance of 1,819.98 feet (110.30 rods), said Permanent Easement & Right of Way containing 1.253 acres of land. All bearings and distances shown herein are grid, based upon Texas State Plane Coordinates, South Central Zone 4204, North American Datum of 1983, U.S. Survey Feet, as derived from an on the ground survey performed by TRC Pipeline Services, LLC. conducted in October of 2016. For reference and further information see SHEET NO. 1, drawing number BR -615.000, Rev. 2, same date. Philip G. Nolan Registered Professional Land Surveyor Texas Registration No. 6061 Survey Firm License No. 10193802 S -12 -t-1 Date, SHEET NO. 3 OF 3 Resolution No. R2017-168 Exhibit "A" Tract No(s). BR -546.040 BR -557.010 BR -558.010 BR -572.010 BR -615.000 BR -622.010 BR -622.020 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RIGHT OF WAY AND EASEMENT AGREEMENT CITY OF PEARLAND (hereinafter called "GRANTOR", whether one or more), for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto LAVACA PIPE LINE COMPANY, a Texas company ("GRANTEE"), whose address is 103 Fannin Street, Point Comfort, TX, 77978, its successors and assigns, through this instrument (the "Agreement"), a non-exclusive permanent easement and right of way thirty feet (30') in width to construct, lay, install, operate, maintain, inspect, test, protect, repair, alter, convert, replace in whole or in part, change the size of, relocate within the permanent easement and right of way and remove or abandon in place pipeline(s) for the transportation of crude petroleum, oil, oil products, gas, liquefied minerals or other mineral solutions, or other substances which can be transported through pipelines across, under, over and upon the lands of GRANTOR situated in Brazoria County, Texas, the permanent easement and right-of-way being more particularly described on Exhibit "A" attached hereto and made a part of this Agreement for all purposes. During and for construction, GRANTEE shall also have the use of a temporary easement and right- of-way located parallel and adjacent to the said permanent easement and right-of-way, the temporary easement and right-of-way being more particularly described on Exhibit "A". GRANTEE agrees to occupy the temporary easement and right-of-way only for the length of time necessary to construct and test the original pipeline, but in no event longer than twenty-four (24) months from the date this Agreement is executed. GRANTEE shall have all rights and benefits necessary or convenient for the full enjoyment or use of the rights herein granted, including but not limited to the right of ingress and egress across adjacent lands to and from said permanent easement and right-of-way across existing and future roads. In addition, GRANTOR hereby agrees that in the event the route to be constructed hereunder should cross any roads, railroads, creeks or other waterways located on GRANTOR'S land(s) on which the permanent easement and right-of-way is located, or where extra work space is otherwise required in the exercise of the rights granted hereunder, then GRANTEE shall have the right to use and temporary access to such additional work space. GRANTEE hereby agrees to pay GRANTOR for damages to growing crops, fences, roads or any public improvement disturbed as a result of the use of the said additional work space. GRANTEE shall have the right to install drips, traps, valves, meters, pumps, fittings, connections, risers, pipeline inspection gauge ("pig") equipment, cathodic equipment, AC mitigation and other protective equipment and facilities, and such other above -ground equipment and facilities necessary in the use, operation and maintenance of the pipeline(s). GRANTEE has the right to cut fences. Prior to cutting any fence, GRANTEE shall brace the existing fence on both sides of the right-of-way adequately, and in such manner that there should be no slackening of the wires. While constructing through fenced areas, GRANTEE shall maintain a sufficient guard or deterrent to keep cattle or livestock from crossing one fenced pasture to another. GRANTEE may install gates along any fence lines where the fences cross the permanent easement and right-of-way, including a gate or gates in the fence lines that mark the common boundary between GRANTOR and adjoining owner(s). Any gate installed by GRANTEE shall be a tube- style gate consisting of one (1) gate sixteen (16') feet in width. All gates used by GRANTEE in connection with operations under this Agreement shall be kept locked at all times, except when passing through same, and GRANTEE has the right to install its company locks on said gates when and wherever GRANTOR deems it necessary to have said gates locked. Grantee agrees that after it has exercised its rights to use this Easement in any manner that disturbs the surface of the permanent easement property, it will restore the surface to the condition in which it was in prior to the use of this easement, as reasonably practicable, except as the surface may be permanently modified by the use of this easement. Any surface area of the temporary construction easement that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practical to its condition immediately preceding Grantee's use of this temporary construction easement. GRANTEE agrees to bury the pipeline(s) so that the top of the pipe lies at least thirty-six inches (36") below the surface of the land. GRANTOR agrees to not disturb, alter or interfere with the depth of cover over the pipeline(s) It is understood and agreed that the consideration herein paid for the Agreement includes payment for usual and customary damages incurred in the initial construction of the pipeline(s), including but not limited to tree, crop and surface damages and any damage to public improvements within the permanent easement and right-of-way, the temporary easement and right-of-way, and/or the additional works space. In addition, GRANTEE agrees to pay a fair and reasonable amount (generally being the fair market value for applicable repairs, or replacement if such damage cannot be repaired) for actual damages to roads, fences, ditches, culverts, terraces, livestock, buildings and other public improvements damaged by GRANTEE in the exercise of its rights hereunder; provided, however, GRANTEE shall have the right from time to time to cut and keep clear all trees and/or undergrowth that, in GRANTEE's judgment, may injure, endanger or interfere with the exercise of GRANTEE'S rights and privileges granted herein without being liable for damages for such clearing activities within the permanent easement and right-of-way. GRANTOR reserves the right to farm and graze the land, over and across the permanent easement and right-of-way, as well as to fully use and enjoy the premises, subject to the specific rights granted to GRANTEE hereunder; provided, however, GRANTOR shall not construct on or over the permanent easement and right-of-way any buildings, structures or other improvements, natural or man-made obstructions, or lakes or ponds of any nature that interfere with the construction, maintenance, or operation of the pipeline constructed by GRANTEE and any roads, streets, sidewalks, utilities or other pipelines. GRANTOR shall retain all the oil, gas, and other minerals in, on and under the easement; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the easements, but it will be permitted to extract the oil and other minerals from and under the easements by directional drilling and other means, so long as such activities do not damage, destroy, injured, and/or interfere with Grantee's use of the easements for the purposes for which the easements are being sought by Grantee. GRANTEE agrees to comply in all material respect, at its sole cost, with all applicable federal, state and local laws, rules, and regulations which are applicable to Grantee's activities hereunder, including without limitation, the construction, use, operation, maintenance, repair and service of Grantee's Pipeline, associated equipment and appurtenances thereto. Grantee will, insofar as reasonably practicable, level, re -grade, and re -seed the ground disturbed by Grantee's use of the easement and will maintain the easement clean of litter and trash during periods of construction, operation, maintenance, repair or removal. All construction debris shall be cleaned up and removed from Grantor's lands upon completion of installation and construction of the pipeline. GRANTEE SHALL KEEP AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED, INCLUDING ATTORNEYS' FEES, CLAIMED OR RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GRANRTEE, ITS AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS IN THE EXERCISE OF THE RIGHTS REFERENCED HEREIN, UNLESS CAUSED IN WHOLE OR IN PART BY THE NEGLI- r GENCE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. GRANTEE shall not permit any of its agents, servants, or employees, or any independent contractor performing service for it to carry any firearms onto the land of GRANTOR or otherwise hunt, fish, picnic or similarly recreate on the land of GRANTOR; provided that GRANTEE's security personnel may carry a firearm if there is a belief that a safety issue may have arisen. GRANTEE shall have the right to assign any of its rights herein granted in whole or in part. GRANTOR represents that GRANTOR owns the lands described in Exhibit "A" attached hereto, and GRANTOR intends for GRANTEE to rely upon this representation. The terms and conditions hereof shall extend to and be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, devisees, successors, and assigns. TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns for so long thereafter as any one or more of said rights or privileges are exercised, or any pipeline, structure or facility installed hereunder is used or remains thereon. GRANTOR hereby binds GRANTOR, its successors and assigns, to warrant and defend all and singular the premises unto the GRANTEE, its successors and assigns, against every person whomsoever claiming the same or any part of it. It is mutually agreed and understood that this Agreement, as written, constitutes all the agreements and stipulations between the parties and no representations or statements, verbal or written, have been made modifying, adding to or changing the terms hereof. This Agreement may be executed in several counterparts, each of which when so executed shall be deemed an original and all of such counterparts, when taken together, shall constitute one and the same instrument. For recording purposes, the separate signature pages and acknowledgments may be affixed to the body of the original instrument without the necessity of recording each separate counterpart in its entirety. Q IN TES i ONY WHEREOF, the parties hereto have executed this Agreement on this 101/4-1 day of 102-i , 2017. GRANTOR: CITY OF ' ARLA� D C-1 ��al�cshl �a1S2fa'�fL- e & Title) STATE OF TEXAS COUNTY OF ACKNOWLEDGEMENT This inument was ckn�d before me on PEARLANtat behalf of the City of Pearland. REBECCA A. BOWERY NOTARY PUBLIC STATE OF TEXAS Notary ID* 1133751.9 Expires: 01-31-2021 My Commission Expires: off.31.ao,2i Ager recording, please return to: Attn: Land Manager 23147 HWY 6 Alvin, TX 77511 A? 2017, by of CITY OF Notary Public ina da for the STATE of EXHIBIT "A" BRAZORIA COUNTY, TX H T & B RR CO. SURVEY, A-308 OC's \BOJ BR -572.010 CITY OF PEARLAND CALLED 1.0355 ACRES DOC. No. 2006047180 O.R.B.C.T. FND. 5/8" I.R. 30' WIDE P.E.R.W. S43'30'50"W 90.02' FND. 112" 1R� � S86°37'27"W - 334.59' —�1 BR -588.000 REMAINDER OF A CALLED 44.119 ACRES DOC. No. 94-004499 O.R.B.C.T. NOTES 1. ALL BEARINGS & DISTANCES SHOWN HEREON ARE GRID BASED UPON TEXAS STATE PLANE COORCINATE SYSTEM, SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM OF 1983 [NAD83(2011)(EPOCH:2010.0000)]. U.S. SURVEY FEET, AS DERIVED FROM AN ON THE GROUND SURVEY PERFORMED BY TRC PIPEUNE SERVICES, LLC IN OCTOBER 2016. 2. THE OWNERSHIP OF THE SUBJECT TRACT, SHOWN HEREIN. IS BASED UPON TITLE RESEARCH CONDUCTED BY TRC PIPEUNE SERVICES. LLC. 3. ADDITIONAL TEMPORARY WORKSPACE IS FOR CONSTRUCTION—RELATED ACTIVITIES FOR THIS PIPEUNE. 4. THIS SURVEY WAS PERFORMED FOR THE SPECIFIC PURPOSE OF ESTABUSHING A BASELINE, MAPPING SELECTED FEATURES. AND LOCATING NECESSARY LAND LINES FOR EASEMENT ACQUISITION FOR A PIPELINE AND TO IDENTIFY THE LOCATION OF THE EASEMENT(S). 5. IF THIS PLAT AND ACCOMPANYING DESCRIPTION ARE NOT SIGNED AND SEALED BY THE SURVEYOR WHOSE NAME APPEARS BELOW, IT SHOULD BE CONSIDERED AS A COPY AND NOT THE ORIGINAL. AN PHIUP G. OIAN REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 6061 SURVEY FIRM UCENSE NO. 10193802 CTRL ,'./-2D— IJ 16350 Park Ten Place Houston, TX 77084 (281) 616-0100 15' POINT OF BEGINNING POINT OF o' TERMINATION N32"15'29"W 70.32' POINT OF COMMENCING FND. 1/2" I.R. TOTAL DISTANCE ACROSS PROPERTY: OR I TOTAL AREA OF P.E.R.W.: J FGEND I.R. I.P. FND. N.T.S. T.W.S. A.T.W.S. P.E.R.W. DOC. No. O.R.B.C.T. -- 90.02 FEET 5.46 RODS 0.061 ACRE IRON ROD IRON PIPE FOUND NOT TO SCALE TEMPORARY WORKSPACE ADDITIONAL TEMPORARY WORKSPACE PERMANENT EASEMENT & RIGHT OF WAY DOCUMENT NUMBER OFFICIAL RECORDS OF BRAZORIA COUNTY, TX BROKEN UNE NOT SCALABLE PROPERTY UNE BASEUNE EXISTING PIPEUNE APPROXIMATE ABSTRACT UNE 50 0 50 100 IM MB GRAPHIC SCALE IN FEET LAVACA PIPE LINE COMPANY DWG BY: BAD CKD BY: PGN MAP DATE: 4/20/17 SCALE: 1".100' ETHANE & ETHYLENE PIPELINE PROJECT PERMANENT EASEMENT & RIGHT OF WAY ACROSS THE PROPERTY OF CITY OF PEARLAND BRAZORIA COUNTY, TX REV# DATE 2 4-20-17 DESCRIPTION REVISED ROUTE 1 3-22-17 RE-ROUTE DRAWING: BR -572.010 SHEET NO. 1 OF 2 EXHIBIT "A" LAVACA PIPE LINE COMPANY ETHANE & ETHYLENE PIPELINE CITY OF PEARLAND TRACT NO. BR -572.010 PERMANENT EASEMENT & RIGHT OF WAY Description of a thirty (30) feet wide Permanent Easement & Right of Way (P.E.R.W.) situated in the H T & B RR Co. Survey, Abstract No. 308, Brazoria County, Texas and being over, through and across the City of Pearland called 1.0355 acre tract of land described by an instrument recorded under Document Number 2006047180 of the Official Records of Brazoria County, Texas (O.R.B.C.T.), said thirty (30) feet wide Permanent Easement & Right of Way being situated fifteen (15) feet on each side of the herein described baseline, the sidelines of said Permanent Easement & Right of Way being lengthened or shortened to meet the boundary lines of said 1.0355 acre tract, said baseline being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found on the southwesterly right of way line of County Road 35, marking the southeast corner of said 1.0355 acre tract and the northeast corner of the residue of a called 44.119 acre tract of land described by an instrument recorded under Document Number 94-004499 of the O.R.B.C.T.; THENCE North 32° 15' 29" West along the common line of said 1.0355 acre tract and County Road 35, a distance of 70.32 feet to the POINT OF BEGINNING; THENCE South 43° 30' 50" West, a distance of 90.02 feet, to the POINT OF TERMINATION on the south line of said 1.0355 acre tract and the north line of said 44.119 acre tract from which a 1/2 inch iron rod found on the south line of said 1.0355 acre tract marking an angle point of the north line of said 44.119 acre tract bears South 86° 37' 27" West, a distance of 334.59 feet. Said baseline having a distance of 90.02 feet (5.46 rods), said Permanent Easement & Right of Way containing 0.061 acre of land. All bearings and distances shown herein are grid, based upon Texas State Plane Coordinates, South Central Zone 4204, North American Datum of 1983, U.S. Survey Feet, as derived from an on the ground survey performed by TRC Pipeline Services, LLC, conducted in October of 2016. For reference and further information see SHEET NO. 1, drawing number BR -572.010, Rev. 2, same date. Philip G. Nolan Registered Professional Land Surveyor Texas Registration No. 6061 Survey Firm License No. 10193802 Date: SHEET NO. 2 OF 2 1 Resolution No. R2017-168 Exhibit "A" Tract No(s). BR -546.040 BR -557.010 BR -558.010 BR -572.010 BR -615.000 BR -622.010 BR -622.020 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RIGHT OF WAY AND EASEMENT AGREEMENT CITY OF PEARLAND (hereinafter called "GRANTOR", whether one or more), for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto LAVACA PIPE LINE COMPANY, a Texas company ("GRANTEE"), whose address is 103 Fannin Street, Point Comfort, TX, 77978, its successors and assigns, through this instrument (the "Agreement"), a non-exclusive permanent easement and right of way thirty feet (30') in width to construct, lay, install, operate, maintain, inspect, test, protect, repair, alter, convert, replace in whole or in part, change the size of, relocate within the permanent easement and right of way and remove or abandon in place pipeline(s) for the transportation of crude petroleum, oil, oil products, gas, liquefied minerals or other mineral solutions, or other substances which can be transported through pipelines across, under, over and upon the lands of GRANTOR situated in Brazoria County, Texas, the permanent easement and right-of-way being more particularly described on Exhibit "A" attached hereto and made a part of this Agreement for all purposes. During and for construction, GRANTEE shall also have the use of a temporary easement and right- of-way located parallel and adjacent to the said permanent easement and right-of-way, the temporary easement and right-of-way being more particularly described on Exhibit "A". GRANTEE agrees to occupy the temporary easement and right-of-way only for the length of time necessary to construct and test the original pipeline, but in no event longer than twenty-four (24) months from the date this Agreement is executed. GRANTEE shall have all rights and benefits necessary or convenient for the full enjoyment or use of the rights herein granted, including but not limited to the right of ingress and egress across adjacent lands to and from said permanent easement and right-of-way across existing and future roads. In addition, GRANTOR hereby agrees that in the event the route to be constructed hereunder should cross any roads, railroads, creeks or other waterways located on GRANTOR'S land(s) on which the permanent easement and right-of-way is located, or where extra work space is otherwise required in the exercise of the rights granted hereunder, then GRANTEE shall have the right to use and temporary access to such additional work space. GRANTEE hereby agrees to pay GRANTOR for damages to growing crops, fences, roads or any public improvement disturbed as a result of the use of the said additional work space. GRANTEE shall have the right to install drips, traps, valves, meters, pumps, fittings, connections, risers, pipeline inspection gauge ("pig") equipment, cathodic equipment, AC mitigation and other protective equipment and facilities, and such other above -ground equipment and facilities necessary in the use, operation and maintenance of the pipeline(s). GRANTEE has the right to cut fences. Prior to cutting any fence, GRANTEE shall brace the existing fence on both sides of the right-of-way adequately, and in such manner that there should be no slackening of the wires. While constructing through fenced areas, GRANTEE shall maintain a sufficient guard or deterrent to keep cattle or livestock from crossing one fenced pasture to another. GRANTEE may install gates along any fence lines where the fences cross the permanent easement and right-of-way, including a gate or gates in the fence lines that mark the common boundary between GRANTOR and adjoining owner(s). Any gate installed by GRANTEE shall be a tube- style gate consisting of one (1) gate sixteen (16') feet in width. All gates used by GRANTEE in connection with operations under this Agreement shall be kept locked at all times, except when passing through same, and GRANTEE has the right to install its company locks on said gates when and wherever GRANTOR deems it necessary to have said gates locked. Grantee agrees that after it has exercised its rights to use this Easement in any manner that disturbs the surface of the permanent easement property, it will restore the surface to the condition in which it was in prior to the use of this easement, as reasonably practicable, except as the surface may be permanently modified by the use of this easement. Any surface area of the temporary construction easement that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practical to its condition immediately preceding Grantee's use of this temporary construction easement. GRANTEE agrees to bury the pipeline(s) so that the top of the pipe lies at least thirty-six inches (36") below the surface of the land. GRANTOR agrees to not disturb, alter or interfere with the depth of cover over the pipeline(s) It is understood and agreed that the consideration herein paid for the Agreement includes payment for usual and customary damages incurred in the initial construction of the pipeline(s), including but not limited to tree, crop and surface damages and any damage to public improvements within the permanent easement and right-of-way, the temporary easement and right-of-way, and/or the additional works space. In addition, GRANTEE agrees to pay a fair and reasonable amount (generally being the fair market value for applicable repairs, or replacement if such damage cannot be repaired) for actual damages to roads, fences, ditches, culverts, terraces, livestock, buildings and other public improvements damaged by GRANTEE in the exercise of its rights hereunder; provided, however, GRANTEE shall have the right from time to time to cut and keep clear all trees and/or undergrowth that, in GRANTEE's judgment, may injure, endanger or interfere with the exercise of GRANTEE'S rights and privileges granted herein without being liable for damages for such clearing activities within the permanent easement and right-of-way. GRANTOR reserves the right to farm and graze the land, over and across the permanent easement and right-of-way, as well as to fully use and enjoy the premises, subject to the specific rights granted to GRANTEE hereunder; provided, however, GRANTOR shall not construct on or over the permanent easement and right-of-way any buildings, structures or other improvements, natural or man-made obstructions, or lakes or ponds of any nature that interfere with the construction, maintenance, or operation of the pipeline constructed by GRANTEE and any roads, streets, sidewalks, utilities or other pipelines. GRANTOR shall retain all the oil, gas, and other minerals in, on and under the easement; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the easements, but it will be permitted to extract the oil and other minerals from and under the easements by directional drilling and other means, so long as such activities do not damage, destroy, injured, and/or interfere with Grantee's use of the easements for the purposes for which the easements are being sought by Grantee. GRANTEE agrees to comply in all material respect, at its sole cost, with all applicable federal, state and local laws, rules, and regulations which are applicable to Grantee's activities hereunder, including without limitation, the construction, use, operation, maintenance, repair and service of Grantee's Pipeline, associated equipment and appurtenances thereto. Grantee will, insofar as reasonably practicable, level, re -grade, and re -seed the ground disturbed by Grantee's use of the easement and will maintain the easement clean of litter and trash during periods of construction, operation, maintenance, repair or removal. All construction debris shall be cleaned up and removed from Grantor's lands upon completion of installation and construction of the pipeline. GRANTEE SHALL KEEP AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED, INCLUDING ATTORNEYS' FEES, CLAIMED OR RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GRANRTEE, ITS AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS IN THE EXERCISE OF THE RIGHTS REFERENCED HEREIN, UNLESS CAUSED IN WHOLE OR IN PART BY THE NEGLI- 1 GENCE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. GRANTEE shall not permit any of its agents, servants, or employees, or any independent contractor performing service for it to carry any firearms onto the land of GRANTOR or otherwise hunt, fish, picnic or similarly recreate on the land of GRANTOR; provided that GRANTEE's security personnel may carry a firearm if there is a belief that a safety issue may have arisen. GRANTEE shall have the right to assign any of its rights herein granted in whole or in part. GRANTOR represents that GRANTOR owns the lands described in Exhibit "A" attached hereto, and GRANTOR intends for GRANTEE to rely upon this representation. The terms and conditions hereof shall extend to and be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, devisees, successors, and assigns. TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns for so long thereafter as any one or more of said rights or privileges are exercised, or any pipeline, structure or facility installed hereunder is used or remains thereon. GRANTOR hereby binds GRANTOR, its successors and assigns, to warrant and defend all and singular the premises unto the GRANTEE, its successors and assigns, against every person whomsoever claiming the same or any part of it. It is mutually agreed and understood that this Agreement, as written, constitutes all the agreements and stipulations between the parties and no representations or statements, verbal or written, have been made modifying, adding to or changing the terms hereof. This Agreement may be executed in several counterparts, each of which when so executed shall be deemed an original and all of such counterparts, when taken together, shall constitute one and the same instrument. For recording purposes, the separate signature pages and acknowledgments may be affixed to the body of the original instrument without the necessity of recording each separate counterpart in its entirety. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement on this day of ,;� QYv . , 2017. GRANTOR: CITY OF . ARLAN (S : lure) L\�, n•LaniaAii.-- DA) (Printed Qtunc & Title) ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF _hitt§ This ins ment wasknowledged before me on PEARLAND, behalf of the City of Pearland. REBECCA A. BOWERY NOTARY PUBLIC STATE OF TEXAS Notary IDS 1133751-9 Expires: 01-31-2021 My Commission Expires: After recording, please return to: Attn: Land Manager 23147 HWY 6 Alvin, TX 77511 %g I 2017, by , � %Yfa.,?QI of CITY OF Notary Public in nd for the STATE of NOTES EXHIBIT "A" BRAZORIA COUNTY, TX WARREN DC HALL SURVEY, A-70 <c. S70'56'06'W - 42.76' S61 "26'54'W - 31.37' POINT OF TERMINATION S48'19'13'W - 3.61' FND. 112" I.R. BR -559.010 RESERVE A. SECTION 8 DOC. No. 2012015015 O.P.R.B.C.T. 15' POINT OF COMMENCING FND. 112' I.R. S30 -0528"E 5' 24.06' 15' • ��,���'�•••••••••••••4�•=• 10' WIDE T.W.S. •c � ••iiiiiiiiiiii ❖� • J•, POINT OF BEGINNING 30' WIDE P.E.R.W. BR -86E210 CRY OF PEARLAND RESERVE "A", SECTION 6 DOC. No. 2009024565 O.P.R.B.C.T. ALL BEARINGS & DISTANCES SHOWN HEREON ARE GRID BASED UPON TOWS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM OF 198.3 [NAD83(2011)(EPOCH:2010.0000)1, U.S. SURVEY FEET, AS DERIVED FROM AN ON THE GROUND SURVEY PERFORMED BY TRC PIPEUNE SERVICES. LLC IN OCTOBER 2016. THE OWNERSHIP OF THE SUBJECT TRACT. SHOWN HERON, IS BASED UPON TITLE RESEARCH CONDUCTED BY TRC PIPELINE SERVICES. LLC. 3. ADDRIONAL TEMPORARY WORKSPACE 15 FOR CONSTRUCTION—RELATED ACTM1IES FOR THIS PIPELINE 4. THIS SURVEY WAS PERFORMED FOR THE SPECIFIC PURPOSE OF ESTABUSHING A BASELINE. MAPPING SELECTED FEATURES. AND LOCATING NECESSARY LAND UNES FOR EASEMENT ACOUISffiON FOR A PIPEUNE AND TO IDENTIFY THE LOCATION OF THE EASEMENT(S). IF THIS PIAT AND ACCOMPANYING DESCRIPTION ARE NOT SIGNED ANO SEALED BY THE SURVEYOR WHOSE NAME APPEARS BEIAW, IT CONSIDERED AS A COPY AND NOT THE ORIGINAL. PHIUP OL NOLAN REGISTER tD PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0. 6061 SURVEY FIRM UCENSE N0. 10193802 ,TRC AwdOpmemmirm 16350 Park Ten Race Houston, TX 77084 (281) 616-0100 LEG ND I.R. I.P. FND. N.T.S. T.W.S. A.T.W.S. P.E.R.W. DOC. No. O.R.B.C.T. 0.P.R.B.C.T. VICINITY MAP N.T.S. TOTAL DISTANCE ACROSS PROPERTY: 74.13 FEET OR 4.49 ROOS I-1 TOTAL AREA OF P.ER.W.: 0.042 ACRE ® TOTAL AREA OF T.W.S.: 0.020 ACRE TOTAL AREA OF A.T.W.S.: 0.197 ACRE IRON R00 IRON PIPE FOUND NOT TO SCALE TEMPORARY WORKSPACE ADDITIONAL TEMPORARY WORKSPACE PERMANENT EASEMENT & RIGHT OF WAY DOCUMENT NUMBER OFFICIAL RECORDS OF BRAZORIA COUNTY. TX OFFICIAL PUBUC RECORDS OF BRAZORIA COUNTY. TX BROKEN UNE NOT SCALABLE PROPERTY UNE BASEUNE EXISTING PIPEUNE APPROXIMATE ABSTRACT UNE 20 0 20 40 WW IMP On GRAPHIC SCALE IN FEET LAVACA PIPE LINE COMPANY DWG BY: JCL CKD BY: PGN MAP DATE: 2/27/17 SCALE: 1" = 40' ETHANE & ETHYLENE PIPELINE PROJECT PERMANENT EASEMENT & RIGHT OF WAY ACROSS THE PROPERTY OF CITY OF PEARLAND BRAZORIA COUNTY, TX REV# DATE DESCRIPTION 0 1/26/17 CERTIFIED 2/27/17 REVISED A.T.W.S. AND SCALE DRAWING: BR -558.010 SHEET NO. 1 OF 2 EXHIBIT "A" LAVACA PIPE LINE COMPANY ETHANE & ETHYLENE PIPELINE CITY OF PEARLAND TRACT NO. BR -558.010 PERMANENT EASEMENT & RIGHT OF WAY Description of a thirty (30) feet wide Permanent Easement & Right of Way situated in the Warren DC Hall Survey, Abstract No. 70, Brazoria County, Texas and being over, through and across the City of Pearland called Reserve "A", Section 6 described by an instrument recorded under Document Number 2009024565 of the Official Public Records of Brazoria County, Texas (O.P.R.B.C.T.), said thirty (30) feet wide Permanent Easement & Right of Way being situated fifteen (15) feet on each side of the herein described baseline, the sidelines of said Permanent Easement & Right of Way being lengthened or shortened to meet the boundary lines of said Reserve A, said baseline being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found on the westerly right of way line of Grandoak Drive, marking the easterly common corner of said Reserve A and of Reserve "A", Section 8 described by and instrument recorded under Document Number 2012015015 of the O.P.R.B.C.T.; THENCE South 30° 05' 28" East along the westerly right of way of Grandoak Drive, a distance of 24.06 feet to the POINT OF BEGINNING; THENCE South 70° 56' 06" West, a distance of 42.76 feet to a point; THENCE South 61° 26' 54" West, a distance of 31.37 feet, to the POINT OF TERMINATION on the common line of Reserves A, from which a 1/2 inch iron rod found marking the northwest corner of said Reserve A, Section 6, bears South 48° 19' 13" West, a distance of 3.61 feet. Said baseline having a total distance of 74.13 feet (4.49 rods), said Permanent Easement & Right of Way containing 0.042 acre of land. All bearings and distances shown herein are grid, based upon Texas State Plane Coordinates, South Central Zone 4204, North American Datum of 1983, U.S. Survey Feet, as derived from an on the ground survey performed by TRC Pipeline Services, LLC, conducted in October of 2016. For reference and further information see SHEET NO. 1, drawing number BR -558.010, Rev. 1, same date. C . 2 -2l -t7 Philip G. Nolan Registered Professional Land Surveyor Texas Registration No. 6061 Survey Finn License No. 10193802 Date: SHEET NO. 2 OF 2 Resolution No. R2017-168 Exhibit "A" ract No(s). BR -546.040 BR -557.010 BR -558.010 BR -572.010 BR -615.000 BR -622.010 BR -622.020 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RIGHT OF WAY AND EASEMENT AGREEMENT CITY OF PEARLAND (hereinafter called "GRANTOR", whether one or more), for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto LAVACA PIPE LINE COMPANY, a Texas company ("GRANTEE"), whose address is 103 Fannin Street, Point Comfort, TX, 77978, its successors and assigns, through this instrument (the "Agreement"), a non-exclusive permanent easement and right of way thirty feet (30') in width to construct, lay, install, operate, maintain, inspect, test, protect, repair, alter, convert, replace in whole or in part, change the size of, relocate within the permanent easement and right of way and remove or abandon in place pipeline(s) for the transportation of crude petroleum, oil, oil products, gas, liquefied minerals or other mineral solutions, or other substances which can be transported through pipelines across, under, over and upon the lands of GRANTOR situated in Brazoria County, Texas, the permanent easement and right-of-way being more particularly described on Exhibit "A" attached hereto and made a part of this Agreement for all purposes. During and for construction, GRANTEE shall also have the use of a temporary easement and right- of-way located parallel and adjacent to the said permanent easement and right-of-way, the temporary easement and right-of-way being more particularly described on Exhibit "A". GRANTEE agrees to occupy the temporary easement and right-of-way only for the length of time necessary to construct and test the original pipeline, but in no event longer than twenty-four (24) months from the date this Agreement is executed. GRANTEE shall have all rights and benefits necessary or convenient for the full enjoyment or use of the rights herein granted, including but not limited to the right of ingress and egress across adjacent lands to and from said permanent easement and right-of-way across existing and future roads. In addition, GRANTOR hereby agrees that in the event the route to be constructed hereunder should cross any roads, railroads, creeks or other waterways located on GRANTOR'S land(s) on which the permanent easement and right-of-way is located, or where extra work space is otherwise required in the exercise of the rights granted hereunder, then GRANTEE shall have the right to use and temporary access to such additional work space. GRANTEE hereby agrees to pay GRANTOR for damages to growing crops, fences, roads or any public improvement disturbed as a result of the use of the said additional work space. GRANTEE shall have the right to install drips, traps, valves, meters, pumps, fittings, connections, risers, pipeline inspection gauge ("pig") equipment, cathodic equipment, AC mitigation and other protective equipment and facilities, and such other above -ground equipment and facilities necessary in the use, operation and maintenance of the pipeline(s). GRANTEE has the right to cut fences. Prior to cutting any fence, GRANTEE shall brace the existing fence on both sides of the right-of-way adequately, and in such manner that there should be no slackening of the wires. While constructing through fenced areas, GRANTEE shall maintain a sufficient guard or deterrent to keep cattle or livestock from crossing one fenced pasture to another. GRANTEE may install gates along any fence lines where the fences cross the permanent easement and right-of-way, including a gate or gates in the fence lines that mark the common boundary between GRANTOR and adjoining owner(s). Any gate installed by GRANTEE shall be a tube- $ style gate consisting of one (1) gate sixteen (16') feet in width. All gates used by GRANTEE in connection with operations under this Agreement shall be kept locked at all times, except when passing through same, and GRANTEE has the right to install its company locks on said gates when and wherever GRANTOR deems it necessary to have said gates locked. Grantee agrees that after it has exercised its rights to use this Easement in any manner that disturbs the surface of the permanent easement property, it will restore the surface to the condition in which it was in prior to the use of this easement, as reasonably practicable, except as the surface may be permanently modified by the use of this easement. Any surface area of the temporary construction easement that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practical to its condition immediately preceding Grantee's use of this temporary construction easement. GRANTEE agrees to bury the pipeline(s) so that the top of the pipe lies at least thirty-six inches (36") below the surface of the land. GRANTOR agrees to not disturb, alter or interfere with the depth of cover over the pipeline(s) It is understood and agreed that the consideration herein paid for the Agreement includes payment for usual and customary damages incurred in the initial construction of the pipeline(s), including but not limited to tree, crop and surface damages and any damage to public improvements within the permanent easement and right-of-way, the temporary easement and right-of-way, and/or the additional works space. In addition, GRANTEE agrees to pay a fair and reasonable amount (generally being the fair market value for applicable repairs, or replacement if such damage cannot be repaired) for actual damages to roads, fences, ditches, culverts, terraces, livestock, buildings and other public improvements damaged by GRANTEE in the exercise of its rights hereunder; provided, however, GRANTEE shall have the right from time to time to cut and keep clear all trees and/or undergrowth that, in GRANTEE's judgment, may injure, endanger or interfere with the exercise of GRANTEE'S rights and privileges granted herein without being liable for damages for such clearing activities within the permanent easement and right-of-way. GRANTOR reserves the right to farm and graze the land, over and across the permanent easement and right-of-way, as well as to fully use and enjoy the premises, subject to the specific rights granted to GRANTEE hereunder; provided, however, GRANTOR shall not construct on or over the permanent easement and right-of-way any buildings, structures or other improvements, natural or man-made obstructions, or lakes or ponds of any nature that interfere with the construction, maintenance, or operation of the pipeline constructed by GRANTEE and any roads, streets, sidewalks, utilities or other pipelines. GRANTOR shall retain all the oil, gas, and other minerals in, on and under the easement; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the easements, but it will be permitted to extract the oil and other minerals from and under the easements by directional drilling and other means, so long as such activities do not damage, destroy, injured, and/or interfere with Grantee's use of the easements for the purposes for which the easements are being sought by Grantee. GRANTEE agrees to comply in all material respect, at its sole cost, with all applicable federal, state and local laws, rules, and regulations which are applicable to Grantee's activities hereunder, including without limitation, the construction, use, operation, maintenance, repair and service of Grantee's Pipeline, associated equipment and appurtenances thereto. Grantee will, insofar as reasonably practicable, level, re -grade, and re -seed the ground disturbed by Grantee's use of the easement and will maintain the easement clean of litter and trash during periods of construction, operation, maintenance, repair or removal. All construction debris shall be cleaned up and removed from Grantor's lands upon completion of installation and construction of the pipeline. GRANTEE SHALL KEEP AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED, INCLUDING ATTORNEYS' FEES, CLAIMED OR RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GRANRTEE, ITS AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS IN THE EXERCISE OF THE RIGHTS REFERENCED HEREIN, UNLESS CAUSED IN WHOLE OR IN PART BY THE NEGLI- 4 GENCE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. GRANTEE shall not permit any of its agents, servants, or employees, or any independent contractor performing service for it to carry any firearms onto the land of GRANTOR or otherwise hunt, fish, picnic or similarly recreate on the land of GRANTOR; provided that GRANTEE's security personnel may carry a firearm if there is a belief that a safety issue may have arisen. GRANTEE shall have the right to assign any of its rights herein granted in whole or in part. GRANTOR represents that GRANTOR owns the lands described in Exhibit "A" attached hereto, and GRANTOR intends for GRANTEE to rely upon this representation. The terms and conditions hereof shall extend to and be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, devisees, successors, and assigns. TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns for so long thereafter as any one or more of said rights or privileges are exercised, or any pipeline, structure or facility installed hereunder is used or remains thereon. GRANTOR hereby binds GRANTOR, its successors and assigns, to warrant and defend all and singular the premises unto the GRANTEE, its successors and assigns, against every person whomsoever claiming the same or any part of it. It is mutually agreed and understood that this Agreement, as written, constitutes all the agreements and stipulations between the parties and no representations or statements, verbal or written, have been made modifying, adding to or changing the terms hereof. This Agreement may be executed in several counterparts, each of which when so executed shall be deemed an original and all of such counterparts, when taken together, shall constitute one and the same instrument. For recording purposes, the separate signature pages and acknowledgments may be affixed to the body of the original instrument without the necessity of recording each separate counterpart in its entirety. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement on this 10" day of tirlarn dem , 2017. GRANTOR: read 5aN Th ansa c & Title) STATE OF TEXAS COUNTY OF ACKNOWLEDGEMENT This instrumgnt was acknowledged before me o PEARLAND, on btaalf of the City of Pearland. REBECCA A. BOWERY NOTARY PUBLIC STATE OF TEXAS Notary 10 f 1133751-9 Expires: 01-31-2021 My Commission Expires: 0/. 3/.2oal After recording, please return to: Attn: Land Manager 23147 HWY 6 Alvin, TX 77511 /a 2017, by ( t� JI t tit of CITY OF ��DLcdrt�.�u� Notary Public in d for the STATE of ,9� 60' WIDE T.W.S. Q 0 POINT OF TERMINATION NOTES EXHIBIT "A" BRAZORIA COUNTY, TX WARREN DC HALL SURVEY, A-70 VICINITY MAP N.T.S. BR -556.010H RESERVE'', SECTION 2 DOC. No. 02 042727 O.R.B.C.T. POINT OF BEGINNING N48'52'59' W - 66.11' POINT OF COMMENCING FND. 518' I.R. S70.56106 -W - 465.10' 15' 6' 30' WIDE P.E.R.W. 10' WIDE T.W.S. FND. 1/2' I.R. S77'04'56'E - 53.13' 1. ALL BEARINGS & DISTANCES SHOWN HEREON ARE GRID BASED UPON TEXAS STATE PLANE COORDINATE SYSTE)A, SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM OF 198.3 (NAD83(2011)(EPOCH:2010.0000)1. U.S. SURVEY FEET. AS DERIVED FROM AN ON THE GROUND SURVEY PERFORMED BY TRC PIPELINE SERVICES, LLC IN OCTOBER 2016. 2. THE OWNERSHIP OF THE SUBJECT TRACT. SHOWN HEREIN, IS BASED UPON TRIS RESEARCH CONDUCTED BY TRC PIPELINE SERVICES. LLC. 3. ADDITIONAL TEMPORARY WORKSPACE IS FOR CONSTRUCTION -RELATED ACTIVITIES FOR TMS PIPELINE 4. THIS SURVEY WAS PERFORMED FOR THE SPECIFIC PURPOSE OF ESTABUSHING A BASELINE, MAPPING SaECTEO FEATURES. AND LOCATING NECESSARY LAND UNES FOR EASEMENT ACQUISITION FOR A PIPELINE AND TO IDENTIFY THE LOCATION OF THE EASEMENT(S). 5. IF THIS PLAT AND ACCOMPANYING DESCRIPTION ARE NOT SIGNED AND SEALED EY THE SURVEYOR WHOSE NAME APPEARS BELOW, R .. s BE CONSIDERED AS A COPY AND NOT THE ORIGINAL PHIUP `C NOLAN REGISTERED PROFESSIONAL LAND SURVEYOR TEXAS REGISTRATION NO. 6061 SURVEY FIRM LICENSE NO. 10193802 ,TRC 16350 Park Ten Piece Houston, TX 77084 (281) 616-0100 BR -557.010 CITY OF PEARLAND RESERVE'E', SECTION 6 DOC. No. 2009024565 0.P.R.B.C.T. TOTAL DISTANCE ACROSS PROPERTY: OR 1 TOTAL AREA OF P.E.R.W.: ® TOTAL AREA OF T.W.S.: )FGFND I.R. I.P. FND. N.T.S. T.W.S. kT.W.S. P.E.R.W. DOC. No. 0.P.R.B.C.T. P.R.B.C.T. 485.10 FEET 28.19 ROOS 0.320 ACRE 0.718 ACRE IRON ROD IRON PIPE FOUND NOT TO SCALE TEMPORARY WORKSPACE ADDITIONAL TEMPORARY WORKSPACE PERMANENT EASEMENT & RIGHT OF WAY DOCUMENT NUMBER OFFICIAL PUBUC RECORDS OF BRAZORIA COUNTY, TX PLAT RECORDS OF BRAZORIA COUNTY, TX BROKEN UNE NOT SCALABLE PROPERTY UNE BASEUNE EXISTING PIPEUNE APPROXIMATE ABSTRACT UNE 50 0 50 100 118 GRAPHIC SCALE IN FEET LAVACA PIPE LINE COMPANY DWG BY: LAT CKD BY: PGN MAP DATE: 1/26/17 SCALE: 1".100' ETHANE & ETHYLENE PIPELINE PROJECT PERMANENT EASEMENT 8 RIGHT OF WAY ACROSS THE PROPERTY OF CITY OF PEARLAND BRAZORIA COUNTY, TX REV# DATE DESCRIPTION 0 1/26/17 CERTIFIED DRAWING: BR -557.010 SHEET NO. 1 OF 2 EXHIBIT "A" LAVACA PIPE LINE COMPANY ETHANE & ETHYLENE PIPELINE CITY OF PEARLAND TRACT NO. BR -557.010 PERMANENT EASEMENT & RIGHT OF WAY Description of a thirty (30) feet wide Permanent Easement & Right of Way situated in the Warren DC Hall Survey, Abstract No. 70, Brazoria County, Texas and being over, through and across the City of Pearland called Reserve "E", Section 6 described by an instrument recorded under Document Number 2009024565 of the Official Public Records of Brazoria County, Texas, said thirty (30) feet wide Permanent Easement & Right of Way being situated fifteen (15) feet on each side of the hercin described baseline, the sidelines of said Permanent Easement & Right of Way being lengthened or shortened to meet the boundary lines of said Reserve E, said baseline being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found on the southwest line of Reserve "H", Section 2, described by and instrument recorded under Document Number 02 042727 of the Official Records of Brazoria County, Texas, marking the southeast corner of said Reserve E; THENCE North 48° 52' 59" West along the common line of said Reserve E and Reserve H, a distance of 66.11 feet to the POINT OF BEGINNING; THENCE South 70° 56' 06" West, a distance of 465.10 feet, to the POINT OF TERMINATION on the west line of said Reserve E and the east right of way line of Grandoak Drive, from which a 1/2 inch iron rod found marking an angle point on the southerly line of said Reserve E, bears South 77° 04' 56" East, a distance of 53.13 feet. Said baseline having a distance of 465.10 feet (28.19 rods), said Permanent Easement & Right of Way containing 0.320 acre of land. All bearings and distances shown herein are grid, based upon Texas State Plane Coordinates, South Central Zone 4204, North American Datum of 1983, U.S. Survey Feet, as derived from an on the ground survey performed by TRC Pipeline Services, LLC, conducted in October of 2016. For reference and further information see SHEET NO. 1, drawing number BR -557.010, Rev. 0, same date. Philip G. Nolan Registered Professional Land Surveyor Texas Registration No. 6061 Survey Firm License No. 10193802 Date: SHEET NO. 2 OF 2 Resolution No. R2017-168 Exhibit "A" Tract No(s). BR -546.040 BR -557.010 BR -558.010 BR -572.010 BR -615.000 BR -622.010 BR -622.020 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RIGHT OF WAY AND EASEMENT AGREEMENT CITY OF PEARLAND (hereinafter called "GRANTOR", whether one or more), for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration in hand paid, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, bargain, sell and convey unto LAVACA PIPE LINE COMPANY, a Texas company ("GRANTEE"), whose address is 103 Fannin Street, Point Comfort, TX, 77978, its successors and assigns, through this instrument (the "Agreement"), a non-exclusive permanent easement and right of way thirty feet (30') in width to construct, lay, install, operate, maintain, inspect, test, protect, repair, alter, convert, replace in whole or in part, change the size of, relocate within the permanent easement and right of way and remove or abandon in place pipeline(s) for the transportation of crude petroleum, oil, oil products, gas, liquefied minerals or other mineral solutions, or other substances which can be transported through pipelines across, under, over and upon the lands of GRANTOR situated in Brazoria County, Texas, the permanent easement and right-of-way being more particularly described on Exhibit "A" attached hereto and made a part of this Agreement for all purposes. During and for construction, GRANTEE shall also have the use of a temporary easement and right- of-way located parallel and adjacent to the said permanent easement and right-of-way, the temporary easement and right-of-way being more particularly described on Exhibit "A". GRANTEE agrees to occupy the temporary easement and right-of-way only for the length of time necessary to construct and test the original pipeline, but in no event longer than twenty-four (24) months from the date this Agreement is executed. GRANTEE shall have all rights and benefits necessary or convenient for the full enjoyment or use of the rights herein granted, including but not limited to the right of ingress and egress across adjacent lands to and from said permanent easement and right-of-way across existing and future roads. In addition, GRANTOR hereby agrees that in the event the route to be constructed hereunder should cross any roads, railroads, creeks or other waterways located on GRANTOR'S land(s) on which the permanent easement and right-of-way is located, or where extra work space is otherwise required in the exercise of the rights granted hereunder, then GRANTEE shall have the right to use and temporary access to such additional work space. GRANTEE hereby agrees to pay GRANTOR for damages to growing crops, fences, roads or any public improvement disturbed as a result of the use of the said additional work space. GRANTEE shall have the right to install drips, traps, valves, meters, pumps, fittings, connections, risers, pipeline inspection gauge ("pig") equipment, cathodic equipment, AC mitigation and other protective equipment and facilities, and such other above -ground equipment and facilities necessary in the use, operation and maintenance of the pipeline(s). GRANTEE has the right to cut fences. Prior to cutting any fence, GRANTEE shall brace the existing fence on both sides of the right-of-way adequately, and in such manner that there should be no slackening of the wires. While constructing through fenced areas, GRANTEE shall maintain a sufficient guard or deterrent to keep cattle or livestock from crossing one fenced pasture to another. GRANTEE may install gates along any fence lines where the fences cross the permanent easement and right-of-way, including a gate or gates in the fence lines that mark the common boundary between GRANTOR and adjoining owner(s). Any gate installed by GRANTEE shall be a tube- style gate consisting of one (1) gate sixteen (16') feet in width. All gates used by GRANTEE in connection with operations under this Agreement shall be kept locked at all times, except when passing through same, and GRANTEE has the right to install its company locks on said gates when and wherever GRANTOR deems it necessary to have said gates locked. Grantee agrees that after it has exercised its rights to use this Easement in any manner that disturbs the surface of the permanent easement property, it will restore the surface to the condition in which it was in prior to the use of this easement, as reasonably practicable, except as the surface may be permanently modified by the use of this easement. Any surface area of the temporary construction easement that is damaged or disturbed during the construction shall be restored by Grantee as near as reasonably practical to its condition immediately preceding Grantee's use of this temporary construction easement. GRANTEE agrees to bury the pipeline(s) so that the top of the pipe lies at least thirty-six inches (36") below the surface of the land. GRANTOR agrees to not disturb, alter or interfere with the depth of cover over the pipeline(s) It is understood and agreed that the consideration herein paid for the Agreement includes payment for usual and customary damages incurred in the initial construction of the pipeline(s), including but not limited to tree, crop and surface damages and any damage to public improvements within the permanent easement and right-of-way, the temporary easement and right-of-way, and/or the additional works space. In addition, GRANTEE agrees to pay a fair and reasonable amount (generally being the fair market value for applicable repairs, or replacement if such damage cannot be repaired) for actual damages to roads, fences, ditches, culverts, terraces, livestock, buildings and other public improvements damaged by GRANTEE in the exercise of its rights hereunder; provided, however, GRANTEE shall have the right from time to time to cut and keep clear all trees and/or undergrowth that, in GRANTEE's judgment, may injure, endanger or interfere with the exercise of GRANTEE'S rights and privileges granted herein without being liable for damages for such clearing activities within the permanent easement and right-of-way. GRANTOR reserves the right to farm and graze the land, over and across the permanent easement and right-of-way, as well as to fully use and enjoy the premises, subject to the specific rights granted to GRANTEE hereunder; provided, however, GRANTOR shall not construct on or over the permanent easement and right-of-way any buildings, structures or other improvements, natural or man-made obstructions, or lakes or ponds of any nature that interfere with the construction, maintenance, or operation of the pipeline constructed by GRANTEE and any roads, streets, sidewalks, utilities or other pipelines. GRANTOR shall retain all the oil, gas, and other minerals in, on and under the easement; provided, however, that Grantor shall not be permitted to drill or operate equipment for the production or development of minerals on the easements, but it will be permitted to extract the oil and other minerals from and under the easements by directional drilling and other means, so long as such activities do not damage, destroy, injured, and/or interfere with Grantee's use of the easements for the purposes for which the easements are being sought by Grantee. GRANTEE agrees to comply in all material respect, at its sole cost, with all applicable federal, state and local laws, rules, and regulations which are applicable to Grantee's activities hereunder, including without limitation, the construction, use, operation, maintenance, repair and service of Grantee's Pipeline, associated equipment and appurtenances thereto. Grantee will, insofar as reasonably practicable, level, re -grade, and re -seed the ground disturbed by Grantee's use of the easement and will maintain the easement clean of litter and trash during periods of construction, operation, maintenance, repair or removal. All construction debris shall be cleaned up and removed from Grantor's lands upon completion of installation and construction of the pipeline. GRANTEE SHALL KEEP AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL COST, LIABILITY, DAMAGE OR EXPENSE OF ANY NATURE AND HOWSOEVER CAUSED, INCLUDING ATTORNEYS' FEES, CLAIMED OR RECOVERED BY ANYONE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR PERSONS OR DAMAGE TO OR DESTRUCTION OF PROPERTY CAUSED BY GRANRTEE, ITS AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS IN THE EXERCISE OF THE RIGHTS REFERENCED HEREIN, UNLESS CAUSED IN WHOLE OR IN PART BY THE NEGLI- 4 GENCE OF THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, SUCCESSORS, OR ASSIGNS. GRANTEE shall not permit any of its agents, servants, or employees, or any independent contractor performing service for it to carry any firearms onto the land of GRANTOR or otherwise hunt, fish, picnic or similarly recreate on the land of GRANTOR; provided that GRANTEE's security personnel may carry a firearm if there is a belief that a safety issue may have arisen. GRANTEE shall have the right to assign any of its rights herein granted in whole or in part. GRANTOR represents that GRANTOR owns the lands described in Exhibit "A" attached hereto, and GRANTOR intends for GRANTEE to rely upon this representation. The terms and conditions hereof shall extend to and be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, devisees, successors, and assigns. TO HAVE AND TO HOLD unto GRANTEE, its successors and assigns for so long thereafter as any one or more of said rights or privileges are exercised, or any pipeline, structure or facility installed hereunder is used or remains thereon. GRANTOR hereby binds GRANTOR, its successors and assigns, to warrant and defend all and singular the premises unto the GRANTEE, its successors and assigns, against every person whomsoever claiming the same or any part of it. It is mutually agreed and understood that this Agreement, as written, constitutes all the agreements and stipulations between the parties and no representations or statements, verbal or written, have been made modifying, adding to or changing the terms hereof. This Agreement may be executed in several counterparts, each of which when so executed shall be deemed an original and all of such counterparts, when taken together, shall constitute one and the same instrument. For recording purposes, the separate signature pages and acknowledgments may be affixed to the body of the original instrument without the necessity of recording each separate counterpart in its entirety. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement on this 1`" day of je vvt Axe , 2017. `.> QTR So N C:44 1 � iac L_ r,trA Xa edc Title) STATE OF TEXAS § COUNTY OF This instrument was ac 61, PEARLAND, on .; half of the City of Pearland. ACKNOWLEDGEMENT owledged before me on !-ti�syl REBECCA A. BOWERY NOTARY PUBLIC STATE OF TEXAS Notary ID # 1133751-9 Expires: 01-31-2021 My Commission Expires: Dl. ,31.aoa1 After recording, please return to: Attn: Land Manager 23147 HWY 6 Alvin, TX 77511 .1 g 2017, by of CITY OF Notary Public in the STATE of EXHIBIT "A" BRAZORIA COUNTY, TX WARREN DC HALL SURVEY, A-70 POINT OF COMMENCING FND. 3/4' I.R. BR -546.040 CITY OF PEARLAND 30' WIDE DEDICATED EASEMENT DOC. No. 94-034648 O.R.B.C.T. S48'07'44'E - 52.30' FND. 314" I.R. NOTES BR -546.070 THE REMAINDER OF A CALLED64.1753ACRES DOC.OC.No.o.94-0-000996 O.R.B.C.T. S57"51'55 -W - 27.40' POINT OF TERMINATION POINT OF BEGINNING S57°18'57'W - 3.98' S48'18'27T - 51.96' 1. ALL BEARINGS & DISTANCES SHOWN HEREON ARE GRID BASED UPON TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE 4204, NORTH AMERICAN DATUM OF 1983 [NAD83(2011)(EPOCH:2010.0000)]. U.S. SURVEY FEET, A5 DERIVED FROM AN ON THE GROUND SURVEY PERFORMED BY TRC PIPEUNE SERVICES. LLC IN OCTOBER 2016. FND. 314" I.R. 2. THE OWNERSHIP OF THE SUBJECT TRACT, SHOWN HERON, IS BASED UPON TITLE RESEARCH CONDUCTED BY TRC PIPEUNE SERVICES. LLC. 3. ADODIONAL TEMPORARY WORKSPACE IS FOR CONSTRUCTION—RELATED ACTMTIES FOR THIS PIPEUNE 4. THIS SURVEY WAS PERFORMED FOR THE SPECIFIC PURPOSE OF ESTABUSHING A BASELINE. MAPPING SELECTED FEATURES, AND LOCATING NECESSARY LANG UNES FOR EASEMENT ACOUISIDON FOR A PIPELINE AND TO IDENTIFY THE LOCATION OF THE EASELENT(S). 5. IF THIS PLAT ANO ACCOMPANY1NG DESCRIPTION ARE NOT SIGNED AND SEALED BY THE SURVEYOR WHOSE NAME APPEARS BELOW, R LD BE CONSIDERED AS A COPY AND NOT THE ORIGINAL 3-Z.3-17 PHIUP `Q. NOLAN REGISTERED PROFESSIONAL LANG SURVEYOR TEXAS REGISTRATION NO. 6061 SURVEY FIRM UCENSE N0. 10193802 CTRL 1.11111.111111. N.. 16350 Park Ten Place Houston, TX 77084 (281) 616-0100 VICINITY MAP N.T.S. oo BR -545.010 LOT 5, BLOCK 1 OAKBROOK SUBDIVISION, Ni SEC. 1, RESERVE "B" VOLUME 19, PAGE 325 P.R.B.C.T. r\ \, r \eN r \• TOTAL DISTANCE ACROSS PROPERTY: OR TOTAL AREA OF P.E.R.W.: IF-FND I.R. I.P. F140. N.T.S. T.W.S. A.T.W.S. P.E.R.W. DOC. No. O.R.B.C.T. P.R.B.C.T. t- -1- I 30.31 FEET 1.90 RODS 0.021 ACRE IRON ROO IRON PIPE FOUND NOT TO SCALE TEMPORARY WORKSPACE ADDMONAL TEMPORARY WORKSPACE PERMANENT EASEMENT & RIGHT OF WAY DOCUMENT NUMBER OFFICIAL RECORDS OF BRAZORA COUNTY. TX PLAT RECORDS OF BRAZORIA COUNTY. TX BROKEN UNE NOT SCALABLE PROPERTY UNE BASEUNE EXISTING PIPEUNE APPROXIMATE ABSTRACT UNE 50 0 50 100 IN GRAPHIC SCALE IN FEET LAVACA PIPE LINE COMPANY DWG BY: PGN CKD BY: PGN MAP DATE: 3/23/17 SCALE: 1'=50' ETHANE & ETHYLENE PIPELINE PROJECT PERMANENT EASEMENT & RIGHT OF WAY ACROSS THE PROPERTY OF CITY OF PEARLAND BRAZORIA COUNTY, TX REVS DATE DESCRIPTION 0 3-23-17 CERTIFIED DRAWING: BR -546.040 SHEET NO. 1 OF 2 EXHIBIT "A" LAVACA PIPE LINE COMPANY ETHANE & ETHYLENE PIPELINE CITY OF PEARLAND TRACT NO. BR -546.040 PERMANENT EASEMENT & RIGHT OF WAY Description of a thirty (30) feet wide Permanent Easement & Right of Way situated in the Warren D. C. Hall Survey, Abstract No 70, Brazoria County, Texas and being over, through and across the City of Pearland's 30 feet wide Dedicated Easement described by an instrument recorded under Document Number 94-034648 of the Official Records of Brazoria County, Texas (O.R.B.C.T.), said thirty (30) feet wide Permanent Easement & Right of Way being situated fifteen (15) feet on each side of the herein described baseline, the sidelines of said Permanent Easement & Right of Way being lengthened or shortened to meet the boundary lines of said Dedicated Easement, said baseline being more particularly described as follows: COMMENCING at a 3/4 inch iron rod found on the northeast line of said Dedicated Easement, marking the northwest corner of Lot 5, Block 1 of the Oakbrook Subdivision, Section 1, Reserve "B" per map or plat thereof recorded in Volume 19, Page 325 of the Plat Records of Brazoria County; THENCE South 48° 07' 44" East, along the common line of said Dedicated Easement and said Lot 5, a distance of 52.03 feet to the POINT OF BEGINNING; THENCE South 57° 18' 57" West a distance of 3.98 feet to a point; THENCE South 57° 51' 55" West a distance of 27.40 feet to the POINT OF TERMINATION on the southwest line of said Dedicated Easement and the northeast line of the remainder of a called 64.1753 acre tract of land described by an instrument recorded under Document number 94-000996 of the O.R.B.C.T., from which a 3/4 inch iron rod found marking the east corner of said remainder bears South 48° 18' 27" East, a distance of 51.96 feet. Said baseline having a total distance of 30.31 feet (1.90 rods), said Permanent Easement & Right of Way containing 0.021 acre of land. All bearings and distances shown herein are grid, based upon Texas State Plane Coordinates, South Central Zone 4204, North American Datum of 1983, U.S. Survey Feet, as derived from an on the ground survey performed by TRC Pipeline Services, LLC, conducted in October of 2016. For reference and further information see SHEET NO. 1, drawing number BR -546.040, Rev. 0, same date. Philip G. Nolan Registered Professional Land Surveyor Texas Registration No. 6061 Survey Firm License No. 10193802 3-Z3- 17 Date: SHEET NO. 2 OF 2